Loading...
BCC Minutes 10/23-24/2007 R October 23-24, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 23-24,2007 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Frank Halas Fred W. Coyle Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) "01..'\\1/1";, ! I~.o,: ~ II' (^!l . "....~ "" AGENDA October 23, 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." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 October 23, 2007 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. September 20, 2007 - BCC/Budget Hearings C. September 25, 2007 - BCC/Regular Meeting D. October 1,2007 - Value Adjustment Board Minutes 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 25 Year Attendees 1) Jane McDonald, Veterans Services 2) Keith Magero, Water B. 35 Year Attendees Page 2 October 23, 2007 1) Bonnie Fauls, Housing and Human Services 4. PROCLAMATIONS A. Proclamation designating October 26,2007 as The Day of the Red Walk in Collier County. To be accepted by Ms. Nina Ribinski, Safe and Drug Free Schools Coordinator, Collier County Schools. B. Proclamation designating October 23 - 31, 2007 as Red Ribbon Week in Collier County. To be accepted by Undersheriff Kevin Rambosk, Collier County Sheriff's Office and Judge Lauren Brodie, 20th Judicial Circuit Court, Collier County. C. Proclamation for United Way of Collier County Agency to be accepted by Ernie Bretzmann, Executive Director of the United Way, Rose Branda and Craig Bamberg. 5. PRESENTATIONS A. Sustainable Florida Promising Practice Award to be presented to the Board of County Commissioners by Steve Preston, Project Manager, Stormwater. B. Presentation for the Design/Build ofImmokalee Road (1-75 to CR 951), converting a 4 lane road to 6 lanes. C. Recommendation to recognize Fred Sexton, Field Engineering Inspector, Public Utilities Engineering Department, as Employee of the Month for October 2007. 6. PUBLIC PETITIONS A. Public petition request by Kenneth Thompson to address lack of communication between Code Enforcement and the public. B. Public petition request by Jennifer Rogers to discuss the Marine Resource Conservation Partnership (MRCP). C. Public petition request by Steve Olivera to discuss purchase agreement of property located along the Vanderbilt Beach Road Extension Corridor. Page 3 October 23, 2007 Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. This item continued from the October 9. 2007 meetinl!:. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code (LOC). The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida. B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: HD-2007-AR- 11828, The Collier County Historical and Archaeological Preservation Board, requests a Historical Designation for the Dr. Nehrling Tropical Garden located on Collier County property and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and "A" Rural Agricultural, consist of 13.35 acre and is located at 1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County, Florida C. This item to be continued to the November 13. 2007 BCC meetinl!: due to meetinl!: the advertisinl!: deadline. Recommendation that the Board of County Commissioners adopt an Ordinance repealing Ordinance No. 2004- 58 relating to Establishing A Property Maintenance Code For The Unincorporated Area Of Collier County, Florida; Providing A Title; Providing For Purpose And Scope; Providing For General Provisions; Providing Definitions; Providing For Rules Of Construction; Providing For Compliance With Housing Standards; Providing For Rental Registration Requirements And Procedures; Designating The Housing Official Powers And Duties; Providing For Inspection Of Structures And Premises; Providing For Notice Of Violation Procedures; Providing A Method For Designating Hazardous Buildings; Providing For Standards For The Repair Page 4 October 23, 2007 Or Demolition Of Hazardous Buildings By The County; Providing For The Assessment Of Costs Of Repair Or Oemolition To Be Assessed To The Owner When Abatement Executed By The County; Providing For The Vacation Of Hazardous Buildings; Providing The Responsibility For Property Maintenance; Providing The Responsibilities Of Owners Of Nonresidential Structures, Vacant Buildings, Vacant Structures, And Vacant Or Unimproved Lots; Requiring A Certificate For A Boarded Building; Providing For Nuisances; Providing Standards For Securing Building; Providing For Exceptions To Boarding Requirements; Providing For Costs Incurred By The County And Assessment Of A Lien; Providing For A Notice Of Hearing For Revocation Of Boarding Renewal Certificate; Providing For Penalties; Providing For Liberal Construction; Providing For Inclusion In The Code Of Laws And Ordinances; Providing For Conflict And Severability; And Effective Date. D. Approve an Ordinance amending the provisions of the Collier County Code of Laws and Ordinances, Chapter 98, Parks and Recreation, also known as Ordinance No. 76-48, as amended, pertaining to park use; providing for additional definitions in Article III, Section 98-57; and adding an exception to Section 98-58, Prohibited Acts. (Fiscal Impact: None) (Companion to Item ION.) 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to award contract 07 -4170 for County Attorney Recruitment Services to Waters Consulting Group, Inc. for $28,000. B. Appointment of members to the Rural Lands Stewardship Area Review Committee. C. Appointment of member to the Collier County Citizens Corps. D. Appointment of member to the Affordable Housing Commission. E. Appointment of members to the Emergency Medical Services Advisory Council. F. Appointment of member to the Historical/Archaeological Preservation Board. Page 5 October 23, 2007 10. COUNTY MANAGER'S REPORT A. Recommendation to approve and adopt the Collier County Water-Sewer Oistricts Irrigation Quality (IQ) Water Policy and on the basis of that policy to authorize staff to develop an IQ Water Master Plan and perform an IQ Water Rate Study. (Beth Johnssen, Wastewater Irrigation Quality Manager.) B. Recommendation to approve for discussion at the upcoming joint Board of County Commissioners and Collier County Legislative Delegation Pre 2008 Legislative Session Workshop the attached list of proposed issues. (Debbie Wight, Assistant to the County Manager.) C. A report to the Board of County Commissioners concerning a possible change in the County's Ordinance to reflect an amendment to Florida Statutes regarding the use of All Terrain Vehicles (ATVs) on certain unpaved roads in the County. (Bob Tipton, Traffic Operations Manager.) D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of right-of-way and related easements necessary for the construction ofroadway, drainage and utility improvements required for the expansion of Golden Gate Boulevard from west of Wilson boulevard to east of Everglades Boulevard (Phase One project limits), and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both Phases One and Two (from west of Wilson Boulevard to east of Desoto Boulevard.) Project No. 60040. Estimated fiscal impact: $18,411,297.00. (Norman Feder, Transportation Services Administrator.) E. Recommendation to approve Contract Amendment No.7, Exhibit E, for a Guaranteed Maximum Price (GMP) of$7,0l2,302 under Contract No. 04- 3576, Construction Manager at Risk Services for the Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the interior finishing (Build-Out) of the Courthouse Annex floors 4 through 7, Project Number 52533. (Hank Jones, Sr. Project Manager.) F. 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 ofroadway, drainage and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital Page 6 October 23, 2007 Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $3,750,000.00. (Jay Ahmad, Director, Transportation ECM.) G. Recommendation to accept Fiscal Year 2007 Grant Report providing an annual update of grant activity. (Marlene Foord, Grants Coordinator.) H. This item to be heard at 10:00 a.m. Recommendation to: (a) award the contract for RFP #07-4138 (Reclamation of Collier County Landfill Cells I and 2) to Waste Management Inc. of Florida (WM1F) for a contract amount of$7,597,900.82; Base proposal of $5,9 10,460.82 and allowances of $1,687,440; (b) approve a necessary budget amendment for the project in the amount of $6,232,067.06 from the Capital Improvement Fund and Reserves for Closure Fund; and (c) authorize the Chairman to execute the contract with WMIF. (Dan Rodriguez, Solid Waste Director.) I. Recommendation to award Contract 07-4183 - Gateway Triangle Stormwater Improvements Project Phase 1 Construction to D.N. Higgins, Inc. in the amount of$I,048,565.50. (Stormwater Management Department Project #51803) (Gene Calvert, Director, Stormwater Management.) J. Obtain direction from the Board of County Commissioners as to the viability of using TDC funds to engineer, permit and install additional erosion control structures on Hideaway Beach. (Companion Item to 10K) (Gary McAlpin, Coastal Zone Management Director.) K. Authorize the expenditure of $25,000 to perform preliminary engineering and permit investigation to determine; the number and extent of additional erosion control structures on Hideaway Beach; specific permitting requirements; related schedule implications and; projects cost. (Companion item to 10J) L. A Resolution superseding Resolution 2003-195 and establishing the Collier County Board of County Commissioners' Purchasing Policy for the acquisiton of lands by the Conservation Collier Land Acquisition Program. (Alex Sulecki, Senior Environmental Specialist.) M. To Amend Collier County Community Development & Environmental Services Fee Schedule pertaining to Rental Registration pending approval of the Rental Registration Ordinance. (Joseph K. Schmitt, Administrator, Page 7 October 23, 2007 Community Development & Environmental Services Division) N. Recommendation to approve lease agreement with LeHill Partners LLC (dba Naples Grande) to provide food, beverage, beach equipment rentals, and water recreational rentals at Clam Pass Beach Park and approve all necessary budget amendments. (Companion to Item 8D.) (Marla Ramsey, Public Services Administrator.) O. This item to be heard at 10:30 a.m. To initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from a platting omission for the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit Development (PUD) and to discuss the potential means to resolve the resulting encroachments into the setback requirement for preserve areas for 18 existing single family residential structures in Units Two and Three. (Susan Istenes, AICP,Director, Zoning & Land Development Review) P. Recommendation to approve the FY 08 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1 ,481 ,000. Q. Recommendation that Collier County Board of County Commissioners authorize the preparation of an ordinance amending Section Six of Ordinance No. 2004-62 by providing for a two-year extension ofthe term of the Immokalee Master Plan and Visioning Committee from December 31, 2007 to December 31, 2009. (Thomas Greenwood, Principal Planner, Comprehensive Planning.) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Discussion and direction regarding Collier County Public Records Policy. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 8 October 23, 2007 A. This item to be heard on or after 3:00 p.m. Recommendation that the Community Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and Penny Phillippi. (Thomas Greenwood, Principal Planner, Comprehensive Planning.) 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 the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Reflection Lakes, Phase IA. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Lely High School/Lely Resort 7 & 8. 4) To accept final and unconditional conveyance of the water utility facility for Tollgate Business Park II. 5) To accept final and unconditional conveyance of the water utility facility for Tollgate Business Park III. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for The Majors, Phase II. 7) Recommendation to approve final acceptance of the water and sewer utility facility for The Majors, Phase Ill. Page 9 October 23, 2007 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Mustang Island. 9) Recommendation to authorize staff use ofa Developer's Version of the Fiscal Impact Analysis Model (FlAM) as a supplemental planning tool for internal use only to review proposed Developments of Regional Impact (DRls), projects within the Rural Land Stewardship Area (RLSA), projects within the Rural Land Mixed Use Overlay, and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. 10) Recommendation to approve a Budget Amendment to transfer funds from Fund (131) Reserves to Community Development Admin Fund (131) totaling $147,972 for the update and rewrite of portions of the Collier County Land Development Code. 11) Approve a budget amendment to provide funding for the County's CRS Program activities by utilizing available Fund III reserves. ($51,400) B. TRANSPORTATION SERVICES 1) Recommendation for the Board of County Commissioners to approve a budget amendment to transfer project funds in the amount of $395,493.67 to the Golden Gate Parkway Grade Separated Overpass Landscape Installation. (Fund 112, Project #600067) 2) Recommendation to approve submittal of a Total Maximum Daily Load (TMDL) Water Quality Restoration Grant proposal to the Florida Department of Environmental Protection for Freedom Park (rk.a. Gordon River Water Quality Park) in the amount of $1,000,000.00 and approve that the project manager will electronically submit the grant application. 3) Recommendation to approve the Roadway Maintenance Agreement with Lodge/Abbott Associates LLC for the golf cart overpass on Vanderbilt Drive. 4) This item continued from the September 25. 2007 BCC Meetinl!:. Recommendation to approve a Developer's Contribution Agreement Page 10 October 23, 2007 with MAC Builders, Inc. (Developer) and Collier County (County) to design, permit and construct the intersection improvements on US41 and Barefoot Williams Road. (Project # 600451 and #600231) 5) Recommendation to approve a declaration setting aside county-owned lands for a public access easement. (Fiscal Impact: $10.00) 6) Recommendation to award Bid No. 08-5001, Queens Park Neighborhood Fencing Installation to Commercial Fence Contractors, Inc. in the amount of $60,073.52; Project #511012. 7) Recommendation to award Bid #07-4185 "US 41 (Tamiami Trail) East (Rattlesnake-Hammock to Collier Blvd.) Annual Maintenance" to Vila & Son Landscaping in the amount of $339,542.80. C. PUBLIC UTILITIES 1) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal Impact is $18.50 to record the Satisfaction of Lien. 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 $108.50 to record the Satisfactions of Lien. 3) Recommendation to approve an Interlocal Agreement for reconstruction of the existing interconnect between the Collier County Water-Sewer District and Bonita Springs Utilities, Inc., to provide for reverse potable water flows at Bonita Springs Utilities expense, to provide for the design and construction of a second interconnect, at a location to be determined, at the expense of the Collier County Water- Sewer District, and to establish rates for usage of potable water. (Fiscal Impact: $300,000) D. PUBLIC SERVICES Page 11 October 23, 2007 1) 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 $116,079.00 to the City of Naples to fund improvements to the George Washington Carver and River Park communities and the Fun Time Early Childhood Academy. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rosa Mendez Olivero (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 122, Trail Ridge. 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elixer Oossous and Veolene Dossous (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 203, Trail Ridge Naples. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marise Vii saint (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Liberty Landing. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sheila Destine (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 3, Liberty Landing. 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Zoublette Bien Aime (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 27, Block 6, Naples Manor Lakes. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amancio Rubio and Ana Rubio (Owners) for deferral of 100% of Collier Page 12 October 23, 2007 County impact fees for an owner-occupied affordable housing unit located at Lot 28, Block 6, Naples Manor Lakes. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raul Frias Almanza and Rosa Perez Frias (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 154, Independence Phase II. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ertha Fabien (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 9, Liberty Landing. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Elias Bustamante Vera and Maria Bustamante (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot I, Liberty Landing. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Evelyne Belance (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 120, Trail Ridge, Naples. 12) Recommendation to approve the submittal of an Aquatic Habitat Restoration Project Proposal grant application for water quality, seagrass monitoring and implement an educational program for Clam Bay in the amount of $55,000 to the Southeast Aquatic Resources Partnership. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Claude Exceus and Antida Exceus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 6, Liberty Landing, Immokalee. Page 13 October 23, 2007 14) Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve a budget amendment to reflect the transfer of funds from Title III-Cl to Title III-B in the amount of$35,000 in the 2007 Older Americans Act grant program. 15) Recommendation to approve budget amendments totaling $6,746.08 to recognize additional revenue received in the Services for Seniors program from the Area Agency on Aging for the State of Florida General Revenue programs. 16) Recommendation to approve a budget amendment in the amount of $21,510.94 to recognize revenue received from the collection of co- payments and anticipated revenue from the Collier County Services for Seniors Program. 17) Recommendation to approve the after-the-fact submittal of a 2005 Round Two Disaster Recovery Initiative (OR!) grant to the Department of Community Affairs (DCA) to fund disaster relief and the restoration of housing and infrastructure related to the effects of the 2005 hurricane season. 18) To present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (BUILDER) and James Obrochta (DEVELOPER) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at East 75 of the West 180 of Tract 115, Unit 79, Golden Gate Estates. 20) Recommendation to award Contract(s) #07-4153 Professional Engineering for Coastal Zone Management Projects to the following firms: Coastal Engineering Consultants, Inc.; Johnson Engineering, Inc.; Corzo Castella Carballo Thompson Salman, P.A. (C3TS); Q. Page 14 October 23, 2007 Grady Minor and Associates, P.A.; Post Buckley, Schuh & Jernigan, Inc, (PBS&J). 21) Recommendation to reject all bids received under Bid 07-4162, Veterinary Medicines and Drugs and Expendable Supplies and Equipment for Domestic Animal Services Department. 22) Recommendation that the Board of County Commissioners accept a donation of $1 ,500.00 for Marine Science Program development from the State of Florida Department of Environmental Protection-MFMP as part of sponsorship of the Marine Resource Conservation Partnership of Collier County into the Collier County University Extension Trust fund. 23) 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 $250,000 to Fun Time Early Childhood Academy, Inc., for site development in preparation for construction of a new Fun Time Early Childhood Academy within the George Washington Carver and River Park communities in the City of Naples. 24) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DR!) funding in the amount of $124,923.00 to the Collier County Housing Development Corporation for purchase and installation of two back-up generators for the sewer lift station and the water treatment plant in Copeland. 25) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DR!) funding in the amount of $293,934.00 to St. Matthews House, Inc. for hurricane hardening of its shelter. 26) 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 $1,000,000 to Habitat for Humanity of Collier County, Inc., for installation of infrastructure to support 204 home sites for Kaicasa Page 15 October 23, 2007 Phase I in Immokalee. 27) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative (DRI) funding in the amount of $374,545.00 to The Empowerment Alliance of Southwest Florida, Inc., for infrastructure to support construction of 15 single-family homes in Immokalee, to be known as Hatchers Preserve, intended for low income, first time homebuyers and families displaced by Hurricane Wilma. 28) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Disaster Recovery Initiative(DRI) funding in the amount of $415,000.00 to One by One Leadership Foundation for infill in order to support the construction of housing units. 29) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Home Investment Partnership Program (HOME) Subrecipient Agreement with Big Cypress Housing Corporation providing for a grant in the total amount of$250,000.00 for the construction and/or installation of fire sprinklers for a 55-unit, multi-family rental housing complex (The Reserve at Eden Gardens) for legal migrant and seasonal farm workers in Immokalee. 30) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for a $442,000 State Housing Initiative Program (SHIP) loan to Eden Gardens Apartments, Limited Partnership, A Florida Limited Partnership to assist in funding the construction of a 55 unit, multi-family rental housing complex for legal migrant and seasonal farmworkers in Immokalee. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as Trustee under an unrecorded Trust Agreement and known as the Richard F. Berman Revocable Trust of 1998 dated July 27, 1998 for 1.14 acres under the Conservation Page 16 October 23, 2007 Collier Land Acquisition Program, at a cost not to exceed $33,170. 2) Recommendation to approve an Agreement for Sale and Purchase with William C. Armes for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 3) Recommendation to approve an Agreement for Sale and Purchase with Alfredo Medina for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 4) Recommendation that the Board of County Commissioners award Bid 07-4188 Long Distance Services to TQC Communications at an estimated annual cost of $51 ,000. 5) Recommendation to approve an Agreement for Sale and Purchase with Wanda E. Rickard as Trustee of the Wanda E. Rickard Trust dated 4/12/90 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 6) Recommendation to approve an Agreement for Sale and Purchase with Peggy S. Cisko, and John Cisko, who is the Personal Representative of the Estate of Frederick Anthony Cisko, deceased, for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $38,170. 7) Recommendation to award Bid #07-4194 for the purchase of Paint & Related Items to Sunshine Ace Hardware, Inc. and Scott Paint Company. 8) Recommendation to award Bid #07-4140 File Retrieval/Retention Service to Robert Flinn Records Center. 9) Recommendation to adopt the budget amendment appropriating $581,660,415.18 carry forward and expenditure budgets for open purchase orders for non-project funds and for unexpended budget for project funds at the end of Fiscal Year 2007. 10) Recommendation to approve a budget amendment in the amount of $250,000 to transfer funds from the Design Study for Inland Data Center Capital Project 500521 to the Data Center Expansion Capital Page 17 October 23, 2007 Project No. 500511. 11) Recommendation that the Board of County Commissioners approves an inter-local agreement with the City of Naples for mutual sales and purchases of motor fuels between the City and County, and authorizes the Chairman to execute the same. 12) Recommendation to authorize and consent to the re-assignment of Contract No. 06-3983, "Third Party Administrator for Group Insurance Benefits". F. COUNTY MANAGER 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget. 2) Recommendation to adopt a resolution approving a Disaster Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of a disaster such as a hurricane. 3) Approve budget amendments. 4) Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Professional Firefighters of the Everglades Intemational Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or the Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg ., Naples, FL. 5) Recommendation to approve a budget amendment and payment of an invoice from Criminal Justice Information Services (CJIS) in the amount of$342,093, which is the Collier County portion of the cost sharing project for the Twentieth Judicial Circuit for FY06/07. Page 18 October 23, 2007 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to Adopt a Resolution amending CRA Resolution 2001-98 as it relates to the Bylaws of the Bayshore/Gateway Triangle Redevelopment Advisory Board. 2) Recommendation for the Community Redevelopment Agency (CRA) to approve demolition ofCRA-owned residential property (mobile homes); approve a Request for Proposals (RFP) scope of work to build single-family homes on CRA owned land; approve the Executive Oirector to advertise the RFP through the Purchasing Department and return with recommendations. 3) Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program to modify the matching fund requirement for recipients and declare the grant program as serving a valid public purpose. 4) Recommendation to Ratify Collier County Airport Authority Resolution No. 07-33, Adopted on October 8, 2007, Approving an 8.0 percent ($8,363.79) Merit increase for Fiscal Year 2007-2008 for the Authority's Executive Director, Theresa M. Cook. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Southwest Florida Federated Republican Women's Luncheon on October 8,2007 at Arbor Trace. $15.00 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Everglades Coalition Annual Conference on January 10-13,2008 at South Seas Island Resort. $598.77 to be paid for accommodations from Commissioner Coletta's travel budget. Page 19 October 23, 2007 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Immokalee Chamber of Commerce Banquet - Chamber Silent Auction & Steak Dinner on October 27, 2007 at the PACE Center for Girls. $100.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending luncheon honoring former Sheriff Aubrey Rogers on October 26, 2007 at the Naples Elks Lodge. $20.00 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Blue Chip Recognition Breakfast on November 8, 2007 at the Hilton Naples and Towers. $10.00 to be paid from Commissioner Coletta's travel budget. 1. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $119,500 for the acquisition of Parcel 134 in the lawsuit styled Collier County v. First National Bank of Naples, Inc., et a!., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact: $73,033 (Companion to Item 17 A, Wendy's Variance Petition V A- 2007-AR-11577) 2) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 181RDUE in the lawsuit styled Collier County v. Armando Yzaguirre, etal., Case No. 07-2746-CA (Oil Well Road Page 20 October 23, 2007 Project No. 60044). (Fiscal Impact $234,635) 3) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Tri-Party Developer Contribution Agreement which will implement Resolution 05-235 (Development Order 05-01) by providing for the Developer's (Ave Maria Development, LLLP) dedication of 46 acres within Ave Maria for Collier County public school sites in exchange for credits against educational impact fees. 4) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel I 77RDUE in the lawsuit styled Collier County v. Jorge A. Romero, etal., Case No. 07-2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact $240,630.65) 5) Recommendation to authorize an Offer of Judgment for Parcels 838A and 838B by Collier County to property owner, Nancy L. Johnson Perry, and reject the Offer of Judgment/Proposal for Settlement by Nancy L. Johnson Perry to the County in the lawsuit styled CC v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et a!., Case No. 03-2373-CA (Golden Gate Parkway Project No. 60027) (Fiscal Impact: If accepted, $2,000) 6) Approve and have Chairman sign a Consent to Assignment Agreement for solid waste, recyclable materials, and yard trash collection services in Solid Waste District II with Choice Environmental Services of Collier, Inc. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- Page 21 October 23, 2007 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. V A-2007-AR-11577 (WB) B F Ft. Myers, Inc., represented by Robert J. Mulhere, AICP, RWA, Inc. and working in conjunction with the Collier County Attorney's office, requests a variance for an outparcel (presently improved with a Wendy's Restaurant), in order to reduce severance damages resulting from the "taking" of a +/- 15.0 foot road easement for the expansion ofImmokalee Road. The variance will allow for parking within 11 feet of the property line along Immokalee Road frontage. The site does comply with the PUD requirement for a 15 foot building setback for this front yard. In addition, a variance of 9 feet is requested from the required 20 foot wide landscape buffer width per LDC section 4.06.02C.4, to allow for an 11 foot wide landscape buffer. The subject property is located at 10941 Airport Road North, which is at the northwest corner ofImmokalee Road and Airport Road, within the Green Tree PUD (Ordinance 81-58), Green Tree Center Tract "C", Section 26, Township 48 South, Range 25 East, Collier County, Florida. (Companion to Item 16Kl) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7883, Habitat for Humanity of Collier County, Inc., represented by Dwight Nadeau, ofRW A, Inc., is requesting a rezone to the Habitat-Woodcrest RPUD on 11.2 acres ofland from the Agricultural (A) Zoning District, to allow for a maximum 66 residential units. The subject property is located on the west side of Wood crest Drive, south ofImmokalee,just north of Acremaker Road, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. C. Recommendation that the Board of County Commissioners authorize the Human Resources Department to amend the Collier County Fingerprinting Ordinance No. 04-52 to require fingerprinting for all Collier County employees and certain County contract employees as defined by 125.5801, Florida Statutes. D. An ordinance amending ordinance No. 2002-63, which established the Conservation Collier Program, by revising section six: Creation of the conservation Collier Acquisition Fund; Section eight: Land Acquisition Advisory Committee; Section ten: Criteria for evaluating Lands for Page 22 October 23, 2007 Acquisition and Management; Section eleven: Acquisition List: Section twelve: Nomination of acquisition Proposals and Candidate Sites; Section thirteen: Procedures for Selection of Acquisition Proposals for Placement of the Active Acquisition List and Subsequent Purchase Procedures; Section fourteen: Management Plans and Use of Environmentally Sensitive Lands; Section fifteen: Responsibilities of the County Manager; Providing for Conflict and Severability; Providing for inclusion in Code oflaws and Ordinances; and Providing for an effective date. E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2006-07 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 October 23, 2007 October 23-24, 2007 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Ladies and gentlemen, welcome to the Collier County Board of Commissioners meeting of October 23,2007. We'll begin this meeting as we begin all meetings, with an invocation, and today it will be given by Jim Mudd. Please stand. MR. MUDD: Let us pray. Oh Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and visions 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 Coyle, would you lead us in the Pledge of Allegiance? (The Pledge of Allegiance was recited in unison.) Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN COLETTA: Mr. Mudd, changes to today's agenda and time certains. MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners, October 23,2007. Item 2D should read October 1, 2007, Value Adjustment Board Special Magistrate Good Cause Hearing, and that clarification is at Page 2 October 23-24, 2007 staffs request. Item 3, service awards. Jane McDonald, Veterans Services, and Keith Mangero of the water department will be receiving their 20-year service award rather than the 25 years, as noted on the agenda, and Bonnie Fauls from the housing and human services will receive her 30-year award rather than her 35-year award as it says on the agenda. And that clarification's at staffs request. Item 101 will be presented by Jerry Kurtz, your principal project manager for stormwater, and Shane Cox, the senior project manager for stormwater, instead of Gene Calvert. Next item is item 10J, continued indefinitely. It's to obtain direction from the Board of County Commissioners as to the viability of using TDC funds to engineer, permit, and install additional erosion control structures on Hideaway Beach, and that item is being asked to be continued indefinitely at Commissioner Fiala's request, as is the next item, which is item 10K, to be continued indefinitely, as that's to authorize the expenditure of $25,000 to perform preliminary engineering and permit investigation to determine the number and extent of additional erosion control structures on Hideaway Beach; specific permitting requirements and related schedule implications, and project costs. Again, to be continued indefinitely at Commissioner Fiala's request. Items 8A, 17 A, and 17B, these items should have included following the statement at the top of the agenda item: This item requires that all participants be sworn in and ex parte disclosure be provided by commissioner members, and that clarification's at staffs request. Next item is to move item 16A9 to lOR, and it's a recommendation to authorize staff use of a developer's version of the fiscal impact analysis model, FlAM, as a supplemental planning tool for internal use only to review proposed developments of regional impact, DRIs, projects within the rural land stewardship area, the Page 3 October 23-24, 2007 RLSA. Projects within the rural lands mixed-use overlay and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. That item is being moved at Commissioner Henning's request. The next item is item 16B5. The declaration attachment title should have read and will read: This declaration is made this blank day of blank, 2007, rather than 2006, and should have had a signature block for the chairman, Jim Coletta, rather than Commissioner Frank Halas. A corrected copy has been made available for review and execution, and that clarification's at staffs request. The next item -- and we've clumped them all together because to try to read them, it might take us 15 minutes. The following items dealing with housing and human services, and I will say contracts, either CDBG or DRI contracts -- we're asking that they be continued until November 13, 2007, BCC meeting, and that's -- and these items are 16Dl, 16D23, 16D24, 16D25, 16D26, 16D27, 16D28, 16D29 and 16D30. The items are being asked to be continued so that we can add some more specificity into contracts as far as payment schedules are concerned, and there was a late conference yesterday with housing, the clerk's office, and our purchasing, and a unanimous opinion by all three, they asked that these items be continued so that we can get those specifics into those contracts. The next item is item 16Gl. Page 13, section 4, parens A should read, Bayshore resident, rather than residents, and parens B should read, Gateway Triangle resident, rather than residents, and that correction is at Commissioner Fiala's request. Item 17B, page 2, paragraph 2 of the final version has low and very low units in parentheses after the words, 66 affordable units in line 2. The Novus version has no such clarification. Page 3, paragraph 3 of the final version, has low and very low income in parentheses after level of income in line 4. The Novus Page 4 October 23-24, 2007 version has moderate income in parentheses here. Copies of the corrected version have been distributed, and that clarification is at staffs request. Again, two items just to make sure that we've got low and very low income in the -- and very -- low and very low unit income into the particular agenda item on 17B. Next item is 17D, and that's to correct a typographical error in the ordinance. Section 13, paragraph 11, should read: "Real estate services staff shall proceed to close on the," and that correction and clarification is at Commissioner Coyle's request. We have four time certain items today. The first is item 8A, and that's to be heard at one p.m., and this item was continued from the October 9,2007, BCC meeting. It's petition CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A. requesting a conditional use in the rural agricultural zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture -- for an aquaculture facility in the agricultural zoning district. The next item with a time certain is item 10H, and that's to be heard at 10 a.m., and that's a recommendation to award the contract for RFP #07-4138, reclamation of the Collier County Landfill, cells one and two, to Waste Management, Inc., of Florida. Next time certain item is item 100 to be heard at 10:30 a.m., and that item is to initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from a platting omission from the Old Cypress units two and three and the Olde Cypress planned unit development, PUD, and to discuss the potential means to resolve the resulting encroachments into the setback requirement. The next item is item 14A, and that's to be heard at three p.m., and that's a recommendation that the Community Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive Director Employment Agreement between the CommunityÞ Page 5 October 23-24, 2007 Redevelopment Agency and Penny Phillippi. That's all the changes I have, Mr. Chairman, Commissioners. CHAIRMAN COLETTA: Okay. We're going to start off with Commissioner Coyle for any changes to the agenda. COMMISSIONER COYLE: Just a question first. County Manager, with respect to item 8A, in the summary you just provided us, it says to excavate in excess of 4,000 cubic yards of earth. Wouldn't it be better to say that it includes the excavation of 300,000 cubic yards of -- MR. MUDD: Sir, that is, indeed, what the petitioner is asking for. The reason it talks about over 4,000 is that's when that basically comes before the county commissioners. COMMISSIONER COYLE: Comes before the board. MR. MUDD: Yes, sir. COMMISSIONER COYLE: But it's 300,000 cubic yards of total excavation, right? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Now, with respect to any further changes of the -- to the agenda, I have none, but as far as disclosures are concerned, I have a disclosure for agenda item 17B. I did speak with Dwight Nadeau and Sam Durso on January 13, 2004, at 2:30 in the afternoon concerning this particular item, and they described to me what their plans were and how many units they were planning on building and that sort of thing. And that concludes my ex parte disclosures. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. County Manager, we had some discussion yesterday about 16D26, and I wanted -- wondered if I could ask the clerk if that was taken care of, that's 16D -- MR. MUDD: Commissioner, that's being continued until the 13th of November. COMMISSIONER HALAS: Oh, okay. Page 6 October 23-24, 2007 MR. MUDD: It's one of the items that are there because it has a contractual -- COMMISSIONER HALAS: Oh, I'm sorry. You're absolutely right. Okay. MR. MUDD: -- obligation. It just needs specificity, sir. COMMISSIONER HALAS: Thank you very much. As far as any disclosures, I have one, and that's on 17B. I did have some meetings with Sam Durso, and I believe I also had some meetings with some other people, but other than that, we're ready to go. Thank you very much. CHAIRMAN COLETTA: Thank you, and -- COMMISSIONER HALAS: No changes to today's agenda. CHAIRMAN COLETTA: Thank you, Commissioner Halas. I have no changes to the agenda, and the only thing I have to declare on the summary or -- summary agenda is item 17B. I had meetings, correspondence, emails, and phone calls. Commissioner Fiala? COMMISSIONER FIALA: Yes. On 17 A I have no disclosures, and 17B I met with Dwight Nadeau. And let's see. And I also had some emails. CHAIRMAN COLETTA: That concludes it? Commissioner Henning? COMMISSIONER HENNING: I just have ex parte communication disclosures on today's summary agenda of 17B. I did talk to staff, or receive some information from staff. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I was also wondering if you had pulled off all these housing and human services items just to be continued till November. I was wondering if we could also pull off 16D 17 to the same time. CHAIRMAN COLETTA: Mr. Mudd, would you read 16 what, D7, did you say? Page 7 October 23-24, 2007 COMMISSIONER FIALA: D17. MR. MUDD: D17. CHAIRMAN COLETTA: D17, as to what that item is, and-- MR. MUDD: Yes, ma'am. We can do that. D 17 is a recommendation to approve an after-the-fact submittal of the 2005, round two, disaster recovery initiative DRI grants to the Department of Community Affairs, DCA, to fund disaster relief and the restoration of housing and infrastructure related to the effects of the 2005 hurricane season. We can continue it, but I need to ask Marla if we've got a time -- a time limit on when this next round of grants needs to be input. MS. KRUMBINE: For the record, Marcy Krumbine, Director of Housing and Human Services. This grant application has already been submitted, and this is an after-the-fact approval of it. MR. MUDD: So we can continue it, ma'am. COMMISSIONER FIALA: Okay, good. That's just also maybe to talk, along with the rest of these things, with the clerk's office. CHAIRMAN COLETTA: My question would be is, ifthe grant has already been submitted and the only thing we're doing is getting a briefing on it, is there any harm in continuing it, or is there something that would indicate that it's not approved, then we might be no longer eligible for it? MS. KRUMBINE: Well, it's not a competitive grant. This is money that Collier County has already been awarded. And what we did is we submitted our action plan and the actual proposal for it, and so this is an after-the-fact approval of it. It's already been submitted. CHAIRMAN COLETTA: Okay. MS. KRUMBINE: The next opportunity that you would have to discuss it is when the contract comes back, and I would think that maybe that might be a better time to discuss what the application is funding and then any changes you would want to make to that. COMMISSIONER FIALA: Okay. Well, let me ask, if -- would Page 8 October 23-24, 2007 you like to just -- it's just a little housekeeping item, you know, or two, just to make sure that it's all-- you know, the clerk can pay it easily. MR. MUDD: No, ma'am. COMMISSIONER FIALA: Or receive it. MR. MUDD: This is-- MS. KRUMBINE: This has nothing to do with payments. This is strictly an approval for the grant application. There are no contracts associated with this at all. COMMISSIONER FIALA: Clerk? MS. KINZEL: For the record, Crystal Kinzel with the Clerk's Office. Commissioner Fiala, I think this does relate to some of the housing issues that they've removed under the other contractual items. If they've already submitted it but she is bringing back the contract before we would have any payment issues, we can get together between now and then and make sure that that contract is payable and maybe alleviate your fears at that time, if that's okay with you. COMMISSIONER FIALA: Oh, okay. That would be -- okay, fine. MS. KINZEL: We'll work with them between now and contract and make sure that the payment can be made. COMMISSIONER FIALA: Good, thank you. CHAIRMAN COLETTA: Then we'll leave it on the consent agenda? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay, fine. Commissioner Henning, did I cut you off or did you have anything else to -- COMMISSIONER HENNING: No, I'm fine. Thank you. CHAIRMAN COLETTA: Okay. With that, do I hear-- MS. FILSON: Mr. Chairman? I'm sorry. The commissioners can scratch 10S off of their new index that I made for them because Page 9 October 23-24, 2007 that's been continued now, and also I believe staff has to put something in the record on 17B. CHAIRMAN COLETTA: Okay. MR. MUDD: No, I think I just did when I read it into the change sheet. That was on the record. MS. FILSON: Okay. Thank you. CHAIRMAN COLETTA: Okay. With that, do I-- COMMISSIONER HALAS: Motion to approve today's agenda with the corrections as noted. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: I have a motion by Commissioner Halas and a second by Commissioner Fiala to approve today's agenda with the changes that were noted. With that, any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, unanimously. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 23. 2007 Item 20 should read: October 1, 2007 - Value Adjustment Board - Special Magistrate Good Cause Hearings. (Staffs request.) Item 3 Service Awards: Jane McDonald, Veterans Services and Keith Magero, Water Department will be receiving their 20-year service award (rather than 25). Bonnie Fauls, Housing and Human Services will be receiving her 30-year award (rather than 35-year). (Staff's request.) Item 101: To be presented by Jerry Kurtz, Principal Project Manager, Stormwater, and Shane Cox, Senior Project Manager, Stormwater. (Staff's request.) Item 10J continued indefinitelv: Obtain direction from the Board of County Commissioners as to the viability of using TDC funds to engineer, permit and install additional erosion control structures on Hideaway Beach. (Commissioner Fiala's request.) Item 10K continued indefinitelv: Authorize the expenditure of $25,000 to perform preliminary engineering and permit investigation to determine the number and extent of additional erosion control structures on Hideaway Beach; specific permitting requirements; related schedule implications, and projects cost. (Commissioner Fiala's request.) Items 8A. 17A and 17B: These items should have included the following: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." (Staff's request.) Move Item 16A9 to 10R: Recommendation to authorize staff use of a Developers Version of the Fiscal Impact Analysis Model (FlAM) as a supplemental planning tool for internal use only to review proposed Developments of Regional Impact (ORis), projects within the Rural Land Stewardship Area (RLSA), projects within the Rural Land Mixed Use Overlay, and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. (Commissioner Henning's request.) Item 16B5: The "Declaration" attachment title should have read, "This Declaration is made this day of , 2007 (rather than 2006), and should have had a signature block for Chairman Jim Coletta, rather than Frank Halas. A corrected copy has been made available for review and execution. (Staff's request.) The followina items dealina with Housina and Human Services are continued to the November 13. 2007 BCC meetina: 1601,16023,16024,16025,16026,16027,16028,16029, 16030. (Staff's request.) Item 16G1: Page 13, Section 4, (a) should read: "Bayshore resident" (rather than "residents"). (b) should read: "Gateway Triangle resident" (rather than "residents"). (Commissioner Fiala's request.) Item 17B: Page 2, paragraph 2 of the final version has "low and very low units" in parenthesis after the words" . . . 66 affordable Units. . ." in line 2. The Novus version has no such clarification. Page 3, paragraph 3 of the final version has "low and very low income" in parenthesis after" . . . level of income. . ." in line 4. The Novus version has "moderate income" in parenthesis here. Corrected copies of the correct version have been distributed. (Staffs request.) Item 170: To correct a typographical error in the ordinance: Section 13, paragraph 11 should read" . . . Real Estate Services staff shall proceed to close on the. . . ". (Commissioner Coyle's request.) Time Certain Items: Item 8A to be heard at 1 :00 p.m. This item continued from the October 9, 2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commissioners. Petition: CU-2005-AR-8748, Ashraf Fawzy, represented by Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting approval of a Conditional Use in the Rural Agricultural (A) zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the Agricultural (A) zoning district, per Section 2.04.03 Table 2 of the Land Development Code (LDC). The subject property consisting of approximately 15.08 acres is located at 2060 Tobias Street, Section 22, Township 49 South, Range 27 East, Collier County, Florida. Item 10H to be heard at 10:00 a.m. Recommendation to: (a) award the contract for RFP #07-4138 (Reclamation of Collier County Landfill Cells 1 and 2) to Waste Management, Inc. of Florida (WMIF) for contract amount of $7,597,900.82; Base proposal of $5,910.460.82 and allowances of $1,687,440; (b) approve a necessary budget amendment for the project in the amount of $6,232,067.06 from the Capital Improvement Fund and Reserves for Closure Fund; and (c) authorize the Chairman to execute the contract with WMIF. Item 100 to be heard at 10:30 a.m. To initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from a platting omission for the Olde Cypress Units Two and Three plats, in the Olde Cypress Planned Unit Development (PUD) and to discuss the potential means to resolve the resulting encroachments into the setback requirement for preserve areas for 18 existing single family residential structures in Units Two and Three. Item 14A to be heard on or after 3:00 p.m. Recommendation that the Community Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency (CRA) and Penny Phillippi. October 23-24, 2007 Item #2B, #2C and #2D MINUTES OF SEPTEMBER 20, 2007 BCC-BUDGET HEARINGS, MINUTES OF SEPTEMBER 25,2007 BCC-REGULAR MEETING, AND MINUTES OF OCTOBER 1, 2007 V AB SPECIAL MAGISTRATE "GOOD CAUSE" HEARINGS - APPROVED AS PRESENTED Do I hear a motion for approval of the September 20th BCClbudget hearing minutes, the September 25th regular meeting, and the October 1st Value Adjustment Board minutes? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Halas 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: The ayes have it unanimously. Now service awards. Mr. Mudd? Item #3 SERVICE AWARDS: EMPLOYEE AND ADVISORY BOARD Page 11 October 23-24, 2007 MEMBERS-PRESENTED MR. MUDD: We have two -- we have three services awards today. We have two 20-year attendees that we're celebrating their service to Collier County, the first is Jane McDonald from veterans servIce. (Applause.) CHAIRMAN COLETTA: Congratulations. MS. McDONALD: Thank you. CHAIRMAN COLETTA: Must seem like yesterday when you started. MS. McDONALD: Not really. COMMISSIONER HALAS: Thank you. COMMISSIONER FIALA: Thank you for all your years of service. CHAIRMAN COLETTA: Take a minute and get a picture, if you don't mind. MS. McDONALD: Okay, hold on. MR.OCHS: Congratulations. MR. MUDD: Congratulations. (Applause.) MR. MUDD: The next 20-year awardee is Keith Magero from the water department. (Applause.) CHAIRMAN COLETTA: Hey, Keith, next 20 years will be a lot eaSier. MR. MAGERO: I hope so. COMMISSIONER COYLE: Congratulations. COMMISSIONER HALAS: Man after my own heart. You dress casual. MR. MAGERO: Yeah. Actually, that's my uniform. COMMISSIONER HENNING: Congratulations. Page 12 October 23-24, 2007 MR. MAGERO: Thank you. MR. OCHS: Congratulations. MR. MAGERO: Thank you. MR. MUDD: Keith, congratulations. MR. MAGERO: Thank you. MR. MAGERO: COLETTA: Keith, let's get a picture. CHAIRMAN COLETTA: Thank you. (Applause.) MR. MUDD: And we have one 30-year awardee, and that's Bonnie Fauls from housing and human service. (Applause.) CHAIRMAN COLETTA: I'm not too sure what it is, but it's -- whatever it is, it's -- there you go. MS. FAULS: Oh, beautiful. Thank you. CHAIRMAN COLETTA: Isn't that nice? MS. FAULS: Thank you. CHAIRMAN COLETTA: Thank you. COMMISSIONER HALAS: Thanks so much for your service. COMMISSIONER COYLE: Thank you so much. COMMISSIONER FIALA: I want to see what's inside. COMMISSIONER HENNING: It's good to see you again. Congratulations. MR. OCHS: Thank you so much. MR. MUDD: Thanks. CHAIRMAN COLETTA: A little jewelry box possibly? COMMISSIONER FIALA: Oh, isn't that nice! CHAIRMAN COLETTA: Proverbial gold watch. MS. FAULS: It's worth the wait. COMMISSIONER FIALA: Boy, Bonnie. We go back a lot of years, don't we? CHAIRMAN COLETTA: Thank you. (Applause.) Page 13 -~-_._. ..-"-.-" October 23-24, 2007 Item #4A PROCLAMA nON DESIGNATING OCTOBER 26, 2007 AS THE DAY OF THE RED WALK IN COLLIER COUNTY - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations on our agenda, and the first proclamation is designating October 26, 2007, as the Day of the Red Walk in Collier County, to be accepted by Ms. Nina Ribinski, Safe and Drug-Free Schools Coordinator, Collier County schools. COMMISSIONER FIALA: Boy, you're not Nina. MS. STEWART: I'm not Nina, but I'm Cary Stewart, principal at Lely Elementary School where the Red Walk will be held, so that's why I'm here. COMMISSIONER FIALA: Great, thank you. You need to face the audience, as embarrassing as it is, Cary. MS. STEWART: Should I tell them that, too? COMMISSIONER FIALA: Yes, you can. MS. STEWART: I'm Cary Stewart. I am the principal at Lely Elementary School where the Red Walk will be held, and so that's why I'm here to receive the proclamation. COMMISSIONER FIALA: Whereas, the Red Walk is an established provider of one-to-one youth involvement addressing the importance of drug awareness for the past seven years; and, Whereas, the Red Walk provides adult mentors to thousands of children in Collier County's public and private schools; and, Whereas, the Red Walk was developed as part of the Red Ribbon activities established by the Substance Abuse Coalition of Collier County as well as the Collier County Public School system in association with the National Drug Awareness campaign presented between October 23rd and 31st, 2007; and, Whereas, national research has shown that the positive messages Page 14 October 23-24, 2007 supported by drug-free activities help form strong bonds between youth and their communities, leading to a direct, measurable and lasting impact on children's lives, and that these children are more likely to improve their grades and relationships with their families and piers while being less likely to skip school, use illegal drugs or alcohol, or become involved in criminal activity; and, Whereas, locally the Red Walk has been bringing caring adults and community organizations into the lives of children for eight years and is the only drug awareness walking program in Southwest Florida; and, Whereas, supporting the Red Walk's message of total community involvement in using the arts as a positive outlet for healthy and drug-free lifestyle in Florida's ongoing effort to recruit and match caring adult mentors with children in our community is an investment that will pay immediate dividends as well as dividends in the future; and, Whereas, on Friday, October 26th, the Red Walk will host its annual trek on the campus of Lely Elementary School from 8:30 a.m. till!! :30 a.m. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 26, 2007, be designated as the Day of the Red Walk in Collier County. Done and ordered this 23rd day of October, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. Mr. Chairman, I motion to approve. CHAIRMAN COLETTA: Second. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion for approval by Commissioner Fiala and a second by Commissioner Coyle. Any discussion?) Page 15 October 23-24, 2007 (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. MS. STEWART: Aye. (Applause.) CHAIRMAN COLETTA: That was unanimous. COMMISSIONER HALAS: Thank you so much for being here. CHAIRMAN COLETTA: Thank you. COMMISSIONER FIALA: Hey, Cary, are you going to do the same thing as you did you last year with that whole campus outside? MS. STEWART: Yes. COMMISSIONER FIALA: The singing and everything? MS. STEWART: Yes. CHAIRMAN COLETTA: We'd love to have you take the podium, too, to give us a little more detail. COMMISSIONER COYLE: No, no. Leave the podium where it IS. You can make some remarks. CHAIRMAN COLETTA: Take Commissioner Coyle with you. COMMISSIONER FIALA: Cary, if -- we're going to need your picture, and then if you'd like to give us a message. MS. STEWART: Which one of these? CHAIRMAN COLETTA: Whichever one you're more comfortable at. Whether you're right-handed or left-handed. MS. STEWART: I am the proud principal at Lely Elementary School. And each year we involve our children in a school-wide Red Ribbon Walk that involves community members all across the arts. The police, the fire, our emergency vehicles, all come to our school from 8:30 to 11 :30 where our children wander the campus and enjoy all of the various art, music, and various safety features that are displayed throughout the campus. And you're all welcome and -- we gladly welcome all of you to this Red Walk that we have every year, and it's a -- really a wonderful Page 16 October 23-24, 2007 presentation, a wonderful chance for our children to see what it really means to be health and safe free from drugs. In the afternoon then our music teacher has written a play that involves "So you want to be redder than a fifth grader" and teaches our children with all of us as administrators and teachers who take part in the play for our children, and they get a chance to see us all have fun and say no to drugs. So please, feel free to come. We'd love to have you. Lely Elementary School is very, very proud to provide this for our children every year. And thank you very much for this proclamation. CHAIRMAN COLETTA: Thank you. MS. STEWART: Thank you. (Applause.) MR. MUDD: Commissioners, before we go to the next proclamation, I was informed this morning that we have a check that needs to be presented to the Board of County Commissioners from our tax collector, and Mr. Larry Ray from the Tax Collector Office has a check for the Board of County Commissioners. And I would have -- and for a while there I was looking around to see if he escaped or not. So I figured it'd be a good time to get the money before we continue. MR. RAY: Excellent idea. Good morning, Commissioners. I'm here standing in for Mr. Guy Carlton, the Collier County Tax Collector, so this will be obviously less humorous, but I still think it will be good news for you guys. On behalf of Mr. Carlton and the staff of the Collier County Tax Collector's Office that provides the services and collects taxes, motor vehicles, vessels, hunting and fishing license, business tax receipts, which you all remember as occupational license, tourist development taxes, property tax, and driver's license and the staff that support them in accounting and information technology. I'm proud to present to you this morning a check for $9,750,322.39, which represents the unused Page 17 October 23-24, 2007 portion of the fees that we collected while administering those taxes. CHAIRMAN COLETTA: Let's hear it for nine million plus. (Applause.) MR. RAY: So I guess I'm going to walk down here and give it to the chairman. CHAIRMAN COLETTA: Oh, yeah. I'll be more than happy to take it, then I have to hand it over to the clerk. COMMISSIONER HALAS: You're going to buy coffee, right? CHAIRMAN COLETTA: Thank you. If you would be so kind after we get -- why don't we -- if you'll hold up the check for everybody to see, but I want it back. Watch it, watch it. MR. RAY: It never touched the ground. CHAIRMAN COLETTA: Easy come, easy go. MR. RAY: It never touched the ground. CHAIRMAN COLETTA: Please stand. COMMISSIONER HALAS: Picture? CHAIRMAN COLETTA: Nine million dollars, you stand. Thank you. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Thank you very much. And we do appreciate the clerk and the staff. COMMISSIONER COYLE: Thank you. Good seeing you. MR. RAY: Good to see you. COMMISSIONER FIALA: Hi, Larry. A lot of years. MR. RAY: Thank you very much. COMMISSIONER COYLE: See, that's a good lesson. We don't get to keep any of that money. It goes to -- her. So if we're spending too much money, blame this lady here. Item #4 B PROCLAMATION DESIGNATING OCTOBER 23 - 31, 2007 AS Page 18 October 23-24, 2007 RED RIBBON WEEK IN COLLIER COUNTY - ADOPTED MR. MUDD: The next proclamation is designating October 23rd through the 31 st, 2007, as Red Ribbon Week in Collier County to be accepted by Undersheriff Kevin Rambosk, Collier County Sheriffs Office, and Judge Lauren Brodie from the 20th Judicial Circuit Court of Collier County. UNIDENTIFIED SPEAKER: Of which we're none. COMMISSIONER HALAS: Good morning, ladies and gentlemen. It's a pleasure to read this proclamation. It's very important to our community. Whereas, the Substance Abuse Coalition of Collier County recognizes that alcohol, tobacco, and other drug abuse in this nation has reached epidemic proportions; and, Whereas, it is imperative that visual (sic), unified prevention education efforts by community members be launched to eliminate the demand for drugs; and, Whereas, the Substance Abuse Coalition is offering citizens the opportunity to demonstrate their commitment to a drug-free lifestyle, no use of illegal drugs, no illegal drugs, and no illegal use of legal drugs; and, Whereas, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week October 23rd through the 31st, 2007; and, Whereas, business, government, parents, law enforcement, media, medical, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to a healthy drug-free lifestyle by wearing and displaying red ribbons during the week-long campaign; and, Whereas, the State of Florida further commits its resources to ensure the success of the Red Ribbon Campaign. Now, therefore, be it proclaimed by the Board of County Page 19 October 23-24, 2007 Commissioners, Collier County, Florida, that October 23rd through the 31st, 2007, be designated as Red Ribbon Week in Collier County. Done and ordered this 23rd day of October, 2007, Board of County Commissioners, Jim Coletta, Chairman. And, Chairman, I make a motion that we approve this proclamation. COMMISSIONER FIALA: And I second the motion. CHAIRMAN COLETTA: Motion by Commissioner Halas, 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: The ayes have it, 5-0. COMMISSIONER HALAS: Maybe the judge and sheriffs deputies here would like to say a few words. Thank you so much. COMMISSIONER FIALA: Oh, and you've even got a red ribbon on. That is so neat. COMMISSIONER HALAS: Hey, that's cool. She's got a ribbon on. That's cool. MS. RAMSEY: I'll say a couple words. MR. MUDD: The proclamation is upside down. The other way. Turn it over. (Applause.) DEPUTY SELL Y: May I say a few words? CHAIRMAN COLETTA: We're counting on it. DEPUTY SELL Y: I just want to say, this is a very special event Page 20 October 23-24, 2007 for us, but I really have a message for everyone. One is that the substance abuse, the Collier County -- the Coalition of Collier County, it's available for you, parents, for your children. I'm here not as a cop. I'm here not representing law enforcement, but as a parent who has lost a son from substance abuse about five years ago, five-and-a-halfyears ago. It can destroy a family. And if you do know someone, a child or a grandchild or friend or whatever, reach out. And the Substance Abuse Coalition of Collier County is there waiting for you, is waiting for your call. So take advantage of it. Thank you very much. (Applause.) MS. RAMSEY: Commissioners, one other thing, in could. We are encouraging the community, the business community, to be involved in Red Ribbon Week. And one of the posters that we're asking the businesses to display in their agencies is this flier. If anyone's interested in having a copy this, they can email me at marlaramsey@colliergov.net and I will send this out so they can display it in their agencies. CHAIRMAN COLETTA: I'll tell you what I'd like to see you do is post that right on the front here so we can remind people during the whole meeting about the effort that's taking place. And I think we all fully -- I know we all fully support it. Commissioner Fiala? MS RAMSEY: And if they're interested in more information, we do have a drug-free website. It's drugfreecollier.org. COMMISSIONER FIALA: Can you tell me how to get red ribbons? MS. RAMSEY: We'll get you a red ribbon. Yes, we will. COMMISSIONER FIALA: How about for everybody in case they want to wear them too, but I'd like to wear one all week. MS. RAMSEY: Okay. Very good. What we're asking the community to do is basically -- is just to get a strip of red and turn it Page 21 October 23-24, 2007 like you would for the fliers that you see on the cars and whatnot, and then just pin it to your lapel. COMMISSIONER FIALA: Oh, okay. Thank you. CHAIRMAN COLETTA: Thank you. Item #4C PROCLAMATION FOR UNITED WAY OF COLLIER COUNTY AGENCY - ADOPTED MR. MUDD: Commissioner, the next proclamation is for the United Way of Collier County Agency, to be accepted by Ernie Bretzmann, executive director of United Way, Rose Branda, and Craig Bamberg. Come on up, anyone with United Way. (Applause.) COMMISSIONER HENNING: Is that it? MR. BRETZMANN: We'd like everyone who's affiliated with United Way, our member agencies, and the various Collier County government employees, employees of the different elective offices who are involved in the United Way campaign, please come forward for this. COMMISSIONER COYLE: That's everybody here. CHAIRMAN COLETTA: Or anyone that's ever contributed to United Way. COMMISSIONER HALAS: That includes me. CHAIRMAN COLETTA: Yeah, let's stand up. COMMISSIONER COYLE: We may as well stand up. CHAIRMAN COLETTA: Yeah. We're members of this. Turned out to be a nice social event. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: Okay. Here we go. Whereas, since 1957, United Way of Collier County has Page 22 October 23-24, 2007 sponsored and funded qualified not-for-profit community agents (sic) which provides essential social and health services to our citizens; and, Whereas, throughout the 50-year history of United Way of Collier County, the organization has demonstrated continuing growth and has currently funded 32 community agencies providing services to all areas of our county; and, Whereas, the Board of Commissioners are grateful, acknowledges the support of the fine work of the United Way Collier County and its members agencies. Now, therefore, be it proclaimed by the Board of County Commissioners that United Way of Collier County Agency is formally recognized for the outstanding contributions to the community and wishes them yet another year of great success as they kick off the 2007/2008 season. Done in this order, the 23rd day of October, 2007. Mr. Chairman, it's my pleasure to make a motion to move this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: We have a motion by Commissioner Henning and a second by the other four commissioners. With that, anything 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.) Page 23 October 23-24, 2007 CHAIRMAN COLETTA: And the ayes have it unanimously. Thank you. (Applause.) COMMISSIONER FIALA: I want to shake everybody's hand. It's so good to see you. Ernie? CHAIRMAN COLETTA: Thank you so much. COMMISSIONER HENNING: Congratulations. Fifty years, wow. CHAIRMAN COLETTA: Short ones up front. COMMISSIONER FIALA: I'm shorter than the people standing in front of me. How you doing, Kathy? CHAIRMAN COLETTA: Good morning, how you doing? I like your uniform, man. MR. BRETZMANN: The chairman said I could say a few words. I think he meant I have a few minutes. But on behalf of Rose Branda and Craig Bamberg, our campaign chairs, and everybody affiliated with United Way, the member agencies, and all those who benefit from United Way, I want to thank the board for this honor, for this proclamation. It means a lot to us. And the banner looks great up there, by the way. I'm very proud of the good working relationship, outstanding working relationship United Way has established with Collier County government. And I think there's great power in collaboration and working together; we've accomplished so much. And a good example of that was our second Annual Walk for the Way, which was conducted on September 29th at the North Collier Regional Park. Over a thousand people participated. Everyone survived. And it was just a great event. And one of the functions of that event was to bring teams together from all different companies and different workplaces to participate in the walk and to raise money. And we had a little competition among the various teams to see who could raise the mosto Page 24 October 23-24, 2007 money. And there was one team that raised considerably more than any other one, and I'm trying to remember which team that was. And Melissa, do you know which raised the most money? MS. BLAZER: Collier County local government team. MR. BRETZMANN: Collier County local government team, right. Melissa Blazer works for the Supervisor of Elections Office and kind of headed up the walk. And I'd like to present you with this token of our appreciation, a plaque, for the team that raised the most money, Collier County local government team 2007. Thank you. (Applause.) MR. BRETZMANN: There's more. Melissa did a really great job. She went above and beyond the call of duty. I was at all of those very-early, before-work-hours meetings that Melissa attended, and she did a -- just incredible effort, super-human effort in bringing together this team and working on the bake sales and book sale, so we have a special plaque for you, Melissa, that you get to keep in recognition for your extraordinary efforts on behalf of the United Way of Collier County Walk for the Way, September 29, 2007. (Applause.) MS. BLAZER: Thank you. MR. BRETZMANN: And once again, I just want to thank everybody. It's an exciting year. It's an exciting campaign. And Collier County government is now in the process of establishing their campaign team, and there are about 30 folks that work for the government and work for the various elected officials' offices who are campaign coordinators. I really appreciate your efforts. We're all here for the same thing really, it's to improve lives and the quality of life of all of the residents of Collier County. So let me finish by saying the same thing I said as I began, thank you very much. Page 25 October 23-24, 2007 (Applause.) CHAIRMAN COLETTA: Yes, Commissioner Fiala? COMMISSIONER FIALA: Yes. Nothing for the group, but as long as we're giving proclamations and presentations, I'd just like to announce that today is the 42nd wedding anniversary for Jim and Maryann Coletta. COMMISSIONER COYLE: Where's the proclamation? We should have one. COMMISSIONER FIALA: You're right. COMMISSIONER COYLE: We should have one. CHAIRMAN COLETTA: Here we go. MR. BRETZMANN: If Larry Ray has any more of those checks, I'll see you out in the hallway. Thank you very much. CHAIRMAN COLETTA: Thank you. You serve a function that government could never fill in. I tell you, nothing like nonprofits to be able to make this world work. Thank you very much for all that you do. MR. BRETZMANN: Thank you. Item #5A SUSTAINABLE FLORIDA PROMISING PRACTICE AWARD PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS MR. MUDD: Commissioner, that brings us to the presentations section of our agenda, and the first presentation is Sustainable Florida Promising Practice Award to be presented to the Board of County Commissioners by Steve Preston. He's the Project Manager and your Stormwater Director. MR. PRESTON: That's Stormwater Project Manager, not Director. Page 26 October 23-24, 2007 COMMISSIONER HENNING: Are you manager? MR. PRESTON: I wanted to take a moment to make you aware that the increased support for stormwater management that this board has demonstrated -- CHAIRMAN COLETTA: Just a little closer to the mike, sir. MR. PRESTON: I wanted to take a moment to make you aware that the increased support for the stormwater management department this board has demonstrated by creating a dedicated funding source for stormwater in 2004 is responsible not only for the physical improvements to the stormwater management infrastructure, but also for making it possible for us to meet the growing requirements to address water quality issues in the county. The funding has allowed the county to be among the very first agencies in Florida to have all maintenance supervisors and crew leaders trained as certified stormwater operators. It has also allowed us to become partners with Rookery Bay in sponsoring the first project greenscape training and certification program in Florida. This program addresses the subjects of irrigation and landscape fertilizer, which is expected to make a difference in water quality preservation in the county. Soon we will apply for a million-dollar grant from the Florida Department of Environmental Protections TMDL grant program to be used for construction of the Freedom Park, which is the state-of-the-art stormwater treatment and education facility. Grant funding is made possible by matching county funds. But the occasion that brings me here today is that the county recently received an award for another project that is water quality related and that was directly attributable to this board's dedication to issues of stormwater management. Collier County was recently -- or was recognized recently for being the first government agency in Florida to install a solar-powered lake water circulator as part of an evaluation program to identify ways Page 27 October 23-24, 2007 to improve the quality of surface water in the county. A water quality monitoring program was implemented by the county's pollution control and prevention department to measure its effects. This solar-powered unit does the work of an equivalent mixer or aerator that would normally be hooked up to the FP&L grid system and would use 220,000 kilowatt hours of electricity per year. Instead, we're getting it free from the sun. That's enough electricity for 20 homes. To generate that amount of electricity using fossil fuel would produce 148 tons of greenhouse gases per year, or the exhaust of 25 passenger cars per year. For this project Collier County was selected to receive a Promising Practice Award by the Collins Center for a Sustainable Florida. The Collins Center is respected by state legislators as an influential advocate for creating a sustainable and economic environmental and social future for Florida. Since use of this technology began in the county, it's been used most notably by the City of Tallahassee and Disney Wodd. So in acknowledgement of your commitment and support for creating a sustainable economic and environmental social future for Florida, I'd like to give you this Promising Practice Award. CHAIRMAN COLETTA: Thank you. We appreciate the wonderful work you do. (Applause.) COMMISSIONER HENNING: Sorry. Still trying to get caught up. Late information. Item #5B PRESENT AnON FOR THE DESIGN/BUILD OF IMMOKALEE ROAD (1-75 TO CR 951), CONVERTING A 4-LANE ROAD TO 6 LANES - PRESENTED Page 28 October 23-24, 2007 MR. MUDD: The next presentation, Commissioners, is one for the design-build ofImmokalee Road/I-75 to County Road 951, converting a four-lane road to a six-lane road. And Mr. Jay Ahmad, your director of transportation construction, will present. MR. AHMAD: Close. Good morning, Mr. Chairman, Commissioners. I'm Jay Ahmad, your Director of Transportation Engineering and Construction Management Department. With me this morning is Jack Morgan with Astaldi Construction. They are the company that are building the Immokalee Road section contract between 1-75 and 951. I'm pleased to inform you that the project is way ahead of schedule. Approximately 80 percent of the project is completed with about 56 percent of the time. And I'll let Jack Morgan give you a few details. COMMISSIONER FIALA: Wow. MR. MORGAN: Thank you, Jay. Good morning, Commissioners. Well, it's the update for Immokalee Road. Of course you all know the location of it. It's 1-75 to Collier Boulevard. We've went ahead and opened up approximately 2.5 miles of six-lane roads at this point. We've entered into phase two construction, which is adding a turn lane from Valwood to 1-75, and so we'll have a little congestion there for a while, but please bear with us; about two months. Part two, the design has been priced and been accepted by Collier County and it's within the original budget. The construction part has been priced at 75 percent and it also is within the original budget. That's about all I have. Oh, I'd like to recognize my staff for such a great job they've done. Office Manager, Penny Summers; Project Superintendent, Tim Site; Project Engineer, Clayton Cross; Roadway Foreman, Jack Voltz; Inventory Clerk, Etsio (sic); Erosion Control, Page 29 October 23-24, 2007 Carlton Cook; and that fine MOT you see performed out there is by John Kinchin (phonetic). And I'll answer any questions if you have them. CHAIRMAN COLETTA: Yeah. Commissioner Henning has a question, sir. COMMISSIONER HENNING: Not just a question, just want to report to the board that I did receive a complaint about this contractor working on Saturday. CHAIRMAN COLETTA: Good for you. MR. MORGAN: We'll try to work that out for you. CHAIRMAN COLETTA: Good for you. COMMISSIONER HENNING: I don't know if that's a problem. COMMISSIONER COYLE: Could you do it on Sunday, too? COMMISSIONER HENNING: But I've heard nothing but great things that you've been doing out there from all the residents up there. And if we get a complaint that a contractor is working on weekends, wow, we should be jumping up and down, right? MR. MORGAN: Yes, sir. Thank you very much. COMMISSIONER HENNING: Thank you. MR. MORGAN: I'd like to report also that the third week in November we're going to go ahead and do a little community service. And we're headed out to Liberty Landing, Habitat for Humanity. And the crew from Immokalee Road was -- actually promoted this, and Santa Barbara got wind of it, and all of sudden all the bridge crews went ahead there also. So it might be a pretty big event out there. So we'll be heading out there the third week in November. COMMISSIONER HENNING: Great, wonderful. COMMISSIONER FIALA: That's really nice. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: That's the kind of community feedback we like to hear. (Applause.) Page 30 October 23-24, 2007 CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yeah. Us Board of County Commissioners, we took a lot of heat when we were looking at trying to figure out who we were going to award the contract to, and I want to say that it's been a pleasure to be working with you, and I understand that you're working -- you're somewhat ahead of schedule also, I believe, on the Santa Barbara project so -- MR. MORGAN: Yes, sir. COMMISSIONER HALAS: -- we -- hats off to you and your company and we really appreciate the work that you're doing here in Collier County in regards to addressing roads here and making sure that the citizens here can move from point A to point B with the least amount of friction. Thank you so much. MR. MORGAN: Thank you. And we like to say at Astaldi, we're working for you drug free and safe. COMMISSIONER HALAS: Good. (Applause.) CHAIRMAN COLETTA: I can tell you, I can share with you, that I can remember as short of time as two years ago the amount of complaints you'd get in anyone particular day on roads and the transportation element were numerous. I mean, it wasn't unusual to see 20 phone calls or emails in a day. In some cases where there was major tie-ups, you'd just be flooded with them, and people calling on their cell phone from the middle of a tie-up and want to talk to you, you know. It's a disaster made to -- in the making. But I haven't received a real complaint on roads as far as transportation element goes in over three months. I think it's absolutely remarkable what's taking place. MR. MORGAN: Good. Excellent. CHAIRMAN COLETTA: Thank you for your efforts. MR. MORGAN: Thank you. CHAIRMAN COLETTA: Mr. Mudd? Page 3 1 October 23-24, 2007 Item #5C RECOGNIZING FRED SEXTON, FIELD ENGINEERING INSPECTOR, PUBLIC UTILITIES ENGINEERING DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR OCTOBER 2007 - PRESENTED MR. MUDD: Commissioner, next presentation is a recommendation to recognize Fred Sexton, your Field Engineering Inspector for Public Utilities Engineering Department, as Employee of the Month for October 2007. And, Fred, could you come forward. (Applause.) CHAIRMAN COLETTA: Fred, we really appreciate it. MR. MUDD: Fred is a dedicated professional who is always willing to do more than his share. He consistently exceeds the expectations of his customers and often is recognized for his -- the services that he provides. He is instrumental in job site overview, coordination and quality control. He is especially successful in dealing with contractors to ensure that the county gets the final product that meets our standards. His effectiveness has saved the county thousands of dollars in utilities infrastructure repairs and replacements by assuring that installations are done right the first time. He unconditionally takes ownership of every project that he is involved in and always keeps an eye out for construction and operational safety. In sum, Fred is a positive and responsive employee who is truly deserving of this honor. Ladies and gentlemen, I present to you, Fred Sexton Employee of the Month of October, 2007. (Applause.) Page 32 October 23-24, 2007 COMMISSIONER COYLE: Fred, thank you very much. Good job. MR. SEXTON: Thank you. COMMISSIONER HALAS: Appreciate it. CHAIRMAN COLETTA: We really do appreciate it. COMMISSIONER FIALA: Do it one more time. MR.OCHS: Well done, appreciate it. Item #6A PUBLIC PETITION BY KENNETH THOMPSON ADDRESSING LACK OF COMMUNICATION BETWEEN CODE ENFORCEMENT AND THE PUBLIC - DISCUSSED ISSUES REGARDING VIOLATIONS IN HIS NEIGHBORHOOD MR. MUDD: Commissioners, that brings us to the public petitions section of your agenda. The first public petition is a request by Kenneth Thompson to address the lack of communication between code enforcement and the public. Mr. Thompson? MR. THOMPSON: I'm Kenneth Thompson. I live at 2831 Becca Avenue. First I want you to give EMS -- I can't think of his name. Boy, they got me so drugged up. But I told him I wanted you to give him a raise. Will you give him a raise? He's an awful nice guy. I've known him as long as I've been in Naples. And these pictures here is how it got started. You know, Mrs. Arnold come to work, this -- behind that right there, that's a fence. There's a big dumpster behind it. And as you go on, there's a dock. I've been -- there's a big dock going down behind that. And then you will see a seawall, and you'll see the back of the boathouse. You got that boathouse set up, Mr. Mudd? MR. MUDD: Okay. I'm going to bring them up just like you Page 33 October 23-24, 2007 gave them to me, Ken. MR. THOMPSON: That's the back ofa boathouse right there. And going down the back of that boathouse, I want you to see the shape that this swimming pool is in. The dock is out in the bay. All of the deck went out into the bay, and this is the people that started building this thing, see. He parked on my yard, and ifhe hadn't of parked on my yard, I wouldn't have said nothing about it. But I've been constantly going out to Mrs. Arnold. This was happening -- you can go -- just keep on showing them, Mr. Mudd. MR. MUDD: Okay. MR. THOMPSON: And this guy is carrying the stuff back there when they did all of this without a permit, every bit of it. And man, there's nobody hates a scab worse than I do. It's like driving a car without a damn license, and drunk at that. All the stuff is in their truck. This is all gone on a Sunday, every bit of it. Now, if you want to see where the swimming pool is at -- see, that's the side of the dock going down to the east side of the house. And if you go on around the back of that house, you're going to -- you're going to see where the dock goes down by -- the swimming pool's over to the right, and then now you're going to see where the swimming pool and the dock and everything is out in the bay. Look at that. This is all done without permits. And since then, since these pictures were taken, it's got worse. And Mr. McNecer's (phonetic) here at one time, and he tried this fellow. Ain't nobody in the world that knows him no better than this town does. And I don't recall his name, but I imagine you know, Mr. Coyle, who he is. But this is the worst mess I have ever seen for somebody to leave, and you've got a brand new owner there that owns this place. I feel so sorry for this fellow, and he's practically the best person you want to meet. And I hope he don't -- I told him I was going to do this. But this Page 34 October 23-24, 2007 is wrong. This is wrong to do somebody like this. So he hasn't got it fixed. He's trying to find somebody to fix it, and he will not do it without -- I told him, don't do it around me. If you're not going to get a permit, don't do it. But all this was happening because of Mrs. Ar -- I hate to do her this way. She's an awful nice person. But just so you know, she had Dave Hendricks here working for her at one time, and Michael Ossorio, and they've had -- remember some time back I showed you this limousine, driving this limousine all night long, and they wanted me to give them $1,800 to take a trip to North Carolina and back. I told them I didn't want to go to North Carolina and back. I'll fly. But it's got a name on the back of it, Dave Hendricks driving it. And this Michael Ossorio here, he came out. He's head of contractor licensing now. He came out and he left his truck sitting right in the middle of the road right in front of the house. All the doors was open, everything. He grabbed a camera to go around to do the Tipsy Seagull. Well, when he did, I told him, I said, you can't leave it there. Somebody going to hit it. And he said he didn't care. It was fully insured. But he took the truck down. He pulled all the wires off the truck. It wouldn't shut off. He tore that truck all to pieces, and he wanted me to pay for it. And Mrs. Arnold made a deal with me. If I will go ahead and pay for it, she would see that I got the lot -- the lot -- I would get all the pieces I need. So I went -- a lawyer told me to go get the ID number off the windshield and the tag number. So they brung -- I went to -- brung up to the house and he threw it at me. And when he did, I told him, this is not the way you are supposed to do it. You're supposed to take it to her and then I'll bring you a check. So they give me an '89 lock for a Ford, Chevrolet lock, ignition lock for a Ford truck. That wasn't going to work. Page 35 October 23-24, 2007 So I just don't know. It's just been going on and on and on, and I just keep getting hit by this lady. The other day she come over there and found me, told me I didn't have no numbers on my mailbox, didn't have them on the house. And it's -- her people that work for her will not answer their phones. They tell me that they're not going to answer their phones. They don't have to. One of them was working for you at one time, Mr. Mudd. He works for Joe Schmitt now, and Tom was trained by him. Don't do nothing to these two fellows. They're awful nice guys. But they're just doing what they're told, not to answer them phones. But it just goes on and on. And there's one more picture, I wish you would show it there. The county came and put this thing in. It's like, you know, where the tide comes in so fast. Oh, there's the hedge I won't cut, and I've been trying to get her to do it. You all cut it the last time. I kept complaining to you about it, Mr. Mudd, until you changed it. This thing has got out of hand. If you go on down that way, it's growing clear out over the highway. And you can't get road and bridge to do nothing. She went and told him that we had to cut from the blacktop over to the -- to our property. I know better than that. We don't take -- we pay taxes for that. And it just -- right there there's another. And you know who that is, Ms. Donna Fiala, don't you, ma'am? You know who that is? You don't? That's you, ma'am. That's you. COMMISSIONER FIALA: I'm the telephone pole. MR. THOMPSON: See the camera up on that pole? COMMISSIONER FIALA: Yeah. MR. THOMPSON: See the camera on the pole? That's you. I didn't (sic) going to bother with you, ma'am. Mine -- your job was saddled, you know, until one way day you -- I was sitting here and you told -- you told a lady that was standing up here that buyer beware. And that kind of made me mad. Page 36 October 23-24, 2007 So you bought a house with a garage closed up, just like her. I know the people real well, from Michigan. So what's good for her is good for you. So the day that you was at my house with the cops, see, you asked him to call me. Scott Anderson, you know him? Yeah, you was over there. And I was trying to -- I had sold that piece of property on the end. My wife's cousin, he's an implant dentist from Germany. They were going to buy that piece of property. This canal goes this way and it goes on. He was -- he had the money to buy it, and he was going to fly back here and buy it. But I kept getting harassed so bad by that camera right there. And this right here is another, 3200 Shoreview Drive and Bayshore Drive. Look where the parking lot is, right out in the middle of the street. If you come around there at night, I don't know what would happen to you. A drunk man would run into a car. So I was trying to sell that piece of property. And I fell the other night and drove my car up across my esophagus here, and now I got to have an operation on that. They're putting me on a morphine pump. So I don't know. It's just one thing after another. I'll be damned if I ain't getting tired of being harassed by code enforcement, and it's just time and time. It ain't a person out there that __ that's got things on their mail -- numbers on their mailboxes. I'm the only one that she got, so more power to her. But she was trying at that time to get money out of me, just like you had her up here two weeks ago. I tried to make it then, but I couldn't do it. Shouldn't be here now but I'm here. But you people can do as you please if you work for the county, but I can't do as I please. But I don't want to do it that way. I want to __ I want to fix things and fix it right. And I had the most beautiful place on that street. It don't belong Page 37 October 23-24, 2007 to me. It belongs to my wife. And I have had enough of code enforcement. I've had enough of people not answering their phones. I've had to talk to this and talk to that. Thank God Donna (sic) I'd have got out of here. That's one good thing we've got going. So I love all of you. I'm going to move somewhere up in the mountains one with sky hook, see if somebody will move next to me. So I thank you. CHAIRMAN COLETTA: Thank you, sir. Did you want your pictures that you gave Mr. Mudd? MR. THOMPSON: Throw them in the garbage. CHAIRMAN COLETTA: Thank you. MR. MUDD: Commissioner, the next public petition is a request by Jennifer Rogers to discuss the Marine Resource Conservation Partnership. CHAIRMAN COLETTA: Forgive me. I didn't see Commissioner Coyle's light on. Commissioner Coyle, did you have a comment to make? I'm sorry for missing you. COMMISSIONER COYLE: Yeah, I do, and it's primarily for the benefit of the listening public. F or the six years I've been on this commission Mr. Thompson has been at almost every meeting with complaints. He's complained about the sheriffs department, he's complained about code enforcement, he's complained about Waste Management, he's complained about Emergency Management Services, he's complained about the fire department, he's complained about local businesses, his neighbors, individual staff members, he's complained about commissioners and has, in most cases, directly insulted every one of us, along with our aides, who spend a lot of time on the telephone with Mr. Thompson trying to deal with his concerns. He has gotten very abusive with some of our aides. Mr. Thompson has taken up more staff time than any other single citizen of Collier County. And I think everyone needs to understand that there Page 38 October 23-24, 2007 is nothing that we have been able to do to address any of Mr. Thompson's concerns. Anything we do is not acceptable to him. His imagined violations of the law turn out not to be violations at all. We've told him this time and time and time again, and there just is no solution to that. So for him to come in here and criticize staff members for not listening to him and not talking to him is, first, it is false and, secondly, it is unfair. My aide has spent hours talking on the telephone with Mr. Thompson, in some cases every day. She will get telephone calls from him five or 10 minutes apart about the same issue. He takes up a lot of time. We do our best, I think, to deal with his concerns. But we have to understand, we're never going to solve his problems. It's just not going to happen. So it's part of our service to the community, and we'll keep trying to respond, but we'll never make Mr. Thompson happy. CHAIRMAN COLETTA: Mr. Mudd? Item #6B PUBLIC PETITION BY JENNIFER ROGERS DISCUSSING THE MARINE RESOURCE CONSERVATION PARTNERSHIP (MRCP) - DISCUSSED AND RECOMMENDED MEETING WITH ADVISORY BOARD/COMMITTEES MR. MUDD: Commissioner, our next public petition is from Jennifer Rogers to discuss the Marine Resource Conservation Partnership, MRCP. MS. ROGERS: Good morning. For the record, my name is Jennifer Rogers. I am a resident of Collier County and coordinator for a new outreach in education program related to marine resources here in Collier County, and it's being brought to Collier County through the efforts of a partnership known as the Marine Resource Conservation Page 39 October 23-24, 2007 Partnership. And I'm here today to briefly introduce this partnership and the education outreach program and respectfully request the commissioners consider joining the partnership. An informal partnership was initiated a little over a year ago by local managers in the marine industry to address issues of growing concern including increased impacts to our coastal resources by an increasing boating community and visitors. Impacts have included increased volume oflitter, improper disposal of human wastes, picking and trampling of gene vegetation and other degradation to our marine habitats. Although on the surface these impacts may all seem resource impacts, they also have a potential negative economic impact as visitors' and residents' enjoyment diminishes and they decide to take their recreation dollars elsewhere. Based on the efforts of the local partnership that has been here in Collier County, the Florida Fish and Wildlife Conservation Commission and the Florida Department of Environmental Protection created a formal partnership by signing a memorandum of understanding with the mutual goal to manage the marine resources of the State of Florida for the public and future generations through nonregulatory, nonthreatening education and outreach programs. And other stockholders are welcome to join this partnership by signing an addendum to the memorandum of understanding. The partnership will be local -- will continue to be active locally through county partnerships, and our local partnership is the Marine Resource Conservation Partnership of Collier County, and our local partnership has been working to develop a new outreach in education program here in Collier County that will be known as Team OCEAN, and OCEAN stands for, Ocean Conservation Education Action Network. It's based on a Team OCEAN program that has been active in the Florida Keys for over 10 years and is considered very successful down there. Page 40 October 23-24, 2007 The program is volunteer based. It includes one-on-one outreach in education where the volunteers are actually out in the users' element, on the water, on the beaches, at the piers, at the docks, at boat ramps, and this is how we will also implement this program here in Collier County. The goal of the program is to promote continued enjoyment of our resources, but through conservation practices. And we believe the success of the program is based on community support, and part of raising that community support and awareness is through our partners. With the public petition request, I included a copy of the memorandum of understanding and the addenda. And I'd like to indicate that the partnership does require a commitment to provide staff services, equipment, and/or funding to the extent deemed appropriate by each partner. And I highlight this because there is no defined minimum commitment or requirement to provide funding. Provision of staff time is sufficient, and this is something the county has already informally been doing over the past year. Staff from the Coastal Zone Management Environmental Services have already been working with the informal partnership, or the formal partnership, to address local concerns and work together to determine how we might bring this outreach into Collier County. We understand staff time is very valuable, and we would like to see the staff time continue with the partnership by a -- the formal commitment by the commissioners to join the partnership. I also included slides of a presentation I gave to the Environmental Advisory Council and am able to give that to the commissioners at a later date if desired. And I thank you for your time and consideration, and I'll take any questions you may have. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I think it's a worthwhile Page 41 October 23-24, 2007 organization, but obviously, you hit -- hit something that's kind of near and dear to all of us right now and that is, you're requesting staff time and funds. And I feel that if you need this type of commitment, that you need to maybe talk to some of our legislators up in Tallahassee. As you know, they've really cut our taxes. We, at this point in time, aren't going to take on any additional expenses. MS. ROGERS: I highlighted that there's no minimum commitment for funding, so funding doesn't need to be provided. But I do understand there is value to your staff time. CHAIRMAN COLETTA: Any other comments? COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Yes. Go ahead, Commissioner Coyle. COMMISSIONER COYLE: Yeah, staff time is funding. Anytime you use people's time, you're talking about using government dollars. And Commissioner Halas is absolutely correct, it's a worthwhile goal. What I don't understand is, why is it necessary for a volunteer effort to proceed to get Collier County government's participation? MS. ROGERS: I'm not sure I understand the question. COMMISSIONER COYLE: It's a volunteer effort, right? MS. ROGERS: Well, actually my position is funded by Florida Fish and Wildlife Conservation Commission and Florida Department of Environmental Protection. The outreach in education program itself is a volunteer program. Volunteers will be doing the outreach. The partnership is -- includes like City of Marco Island, City of Naples. We've been working with them as well as I mentioned the members of different departments in the county. It's usually them just talking with me about what the concerns are, attending our staff -- or our -- the Marine Resource Conservation Partnership meetings that we have once a month or every other month Page 42 October 23-24, 2007 to talk about the issues and how to implement this program here. COMMISSIONER COYLE: Okay. I guess I don't understand why it makes much difference whether we participate or not. You get your funding from Fish and Wildlife Service. You have volunteers to do the work. MS. ROGERS: Well, the -- the importance of having the county involved is to understand what the county's issues are and also to talk about how this is being implemented here in Collier County since we will be at county boat ramps and at county parks, or we hope to be. We hope to utilize those resources to do the outreach. So the volunteers will be at county boat ramps and county parks providing the education, and we'd just like to coordinate with staff to make sure we have that approval to be at those boat ramps and to perform that education and outreach, and to hit upon the issues that the county may have. COMMISSIONER COYLE: Okay. I would have a question of the county manager. Do you have -- do you have the staff that you can allocate to do these kinds of things or not? MR. MUDD: Well, I'm -- I don't want to say I'm a little confused, but I believe last year, or the year prior in your budget, you paid half the cost of an FTE for a marine agent from the University-- COMMISSIONER HALAS: Florida. MR. MUDD: -- from the University of Florida, and I believe that marine agent is doing that outreach right now. So I would ask that the petitioner talk to our marine agent, okay, that's located in Rookery Bay, has an office there, and let's see how we can merge and tie those efforts together, and maybe we can expand those. And I believe that's probably the place that she needs to go in order to get that done. And I believe he will open his arms to any volunteers that they have in order to do that, because he works with, you know, fish lines that are tied up, boating safety, all of that particular issue, and I believe we're pretty much on the same sheet of Page 43 October 23-24, 2007 music there. So I believe that's the person to coordinate with. COMMISSIONER COYLE: Okay. MS. ROGERS: May I respond that I actually sit in the same office as your sea grant agent, and he helped to bring about this partnership and actually create the position that I fill. So I do coordinate with your sea grant agent to do these outreach in education programs. I'm sort of an extension of what he does. CHAIRMAN COLETTA: Okay. MS. ROGERS: He doesn't actually manage the outreach in education program. CHAIRMAN COLETTA: One of the things I would encourage you to do, too, is work very closely with advisory boards when the meetings take place. That's the time to interact, rather than just try to work with staff and then it goes back to the advisory boards. So there's many ways that we can cooperate together. Let's go back to Commissioner Halas, then Commissioner Henning. COMMISSIONER HALAS: It sounds to me like you're looking for funding, and I think that where this needs to go is right back up to Tallahassee and that the governor increase the budgets of Fish and Wildlife to take care of these concerns. CHAIRMAN COLETTA: Okay. MS. ROGERS: Okay. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Good morning. CHAIRMAN COLETTA: Good morning. COMMISSIONER HENNING: Who is it that you work for? MS. ROGERS: I work for the Florida Fish and Wildlife Conservation Commission. They actually cover my salary, but the Florida Department of Environmental Protection covers my office in Rookery Bay and admin. COMMISSIONER HENNING: Are you a registered lobbyist? Page 44 October 23-24, 2007 MS. ROGERS: A registered lobbyist? No. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: What I would recommend is that when you finish here, check with the clerk's office upstairs. If you're going to be coming before us again, you really need to be registered if you're paid for what you do. If you're a volunteer, it's a little different story . MS. ROGERS: Okay. CHAIRMAN COLETTA: It's a $25 fee. It's nothing much involved, but the public wants to know who's representing who. It's a way of declaring out front, you know. When you walk through the door, we know who you are and who you represent. If you would take care of that, I'd appreciate it very much. MS. ROGERS: Okay. I was unaware. I apologize. CHAIRMAN COLETTA: We'll, it's one of those things, you know, it's the letter of the law and we have to follow it. And with that, Commissioner Coyle, and then we have to move it. COMMISSIONER COYLE: Yeah. I was just going to raise a quick question. Does that really apply to governmental agencies, the lobbyist restriction? MR. WEIGEL: Commissioners, that's your policy. It's ultimately your call. I don't know that it was originally put in effect in place for that, but it's your call to determine the breadth of the policy. CHAIRMAN COLETTA: If that's the case, I don't think we should be charging other government agencies. I mean, this is ridiculous to be trading dollars back and forth. You know, when someone comes in here from a government agency, it's absolutely clear and plain who they represent. Well, most of the time. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: That's my own thought. But listen, we could spend all day on this particular item. I think you covered it Page 45 October 23-24, 2007 very well. I do believe that you have some cooperation walking out the door that you didn't have coming in, and we thank you very much for being here. MS. ROGERS: Okay, thank you. CHAIRMAN COLETTA: Now, let's see. We're-- MR. MUDD: We have a time certain item. CHAIRMAN COLETTA: How long will that take? COMMISSIONER COYLE: Days. CHAIRMAN COLETTA: We have one public petitioner that I really would like to get out of the way since we've already heard three of them. We've got just one left. Let's go with it. I'm pretty sure we'll be able to move it along. I apologize to those people that had a time certain that it's getting delayed slightly, also, too, people on the public petition end of it, we told them that we would be taking care of them first thing in the morning and move them forward, and I'd like to stay with that particular format as much as possible. Item #6C STEVE OLIVERA DISCUSSING PURCHASE AGREEMENT OF PROPERTY LOCATED ALONG THE V ANDERBIL T BEACH ROAD EXTENSION CORRIDOR - WOULD LIKE THE BOARD'S HELP WITH EXPEDITING THE PURCHASE OF HIS PROPERTY; BOARD RECOMMENDS THIS ISSUE TO BE BROUGHT BACK AS A REGULAR AGENDA ITEM AT A FUTURE MEETING - CONSENSUS MR. MUDD: You have a public -- the next public petition is a request by Steve Oliver-- COMMISSIONER COYLE: Olivera. MR. MUDD: Olivera. Okay, I'm sorry -- to discuss a purchase agreement of property located along the Vanderbilt Beach Road Page 46 October 23-24, 2007 extension corridor. MR. OLIVERA: Mr. Chairman, Commissioners, thank you. Because of time, I'll make it brief. I have a home that's in the path of the Vanderbilt Beach extension, which we've already voted on. I have two structures, basically, that are very close proximity to the -- will be to the road. So I'm looking for -- to follow through with -- we've been working on a potential purchase of that property, so that's basically why I'm here today to try to expedite that. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Olivera, do I understand from what you've said in your petition here that the agreement has been pretty much worked out with the staff? MR. OLIVERA: We have talked, yes. COMMISSIONER COYLE: Okay. And do you feel that the staff is in agreement with the terms? MR. OLIVERA: I believe they are, yes. I mean -- COMMISSIONER COYLE: Then I certainly wouldn't have any reason to object to that whenever it gets to us. It just has to go through the process and -- MR. OLIVERA: Right. COMMISSIONER COYLE: But I don't -- is it -- my only question is, is there a concern from our standpoint? And I don't think there is, is there? MR. FEDER: Commissioner, for the record, Norman Feder, Transportation Administrator. Commissioner, this needs to be brought to you under public petition because your policy was to identify the whole takes based on the corridor study, which is essentially where we're going to hit the principal residence, or be within 50 feet under that 200-foot-wide corridor that we're trying to design smaller. In this case, the principal residence is 98 feet from that 200- foot Page 47 October 23-24, 2007 corridor. There is a structure that's about seven feet from that. It's a little bit unique. We have statistics that show you that there are not many homes within that 100 feet, and there were some other issues that were brought to our attention. With that, we made it clear from the start in this discussion that this is an item that would require an exception established by the board for a whole take because it was outside the limits of what had been decided and given to -- direction to us by this board. And so, therefore, you do have an exception that you're looking at. Now, again, that exception is not one that's seen more than five other places along the corridor, not all of which would want a whole take necessarily, but they could, if you take this action, just to bring that to your attention. We do have a situation where the remainder could be sold, and depending upon what was obtained from that, possibly reduce the cost of the overall take that we would have even in a partial with a -- the remainder being impacted. And so in that sense, it may be a good item based on the fact that the appraisal by the county, our appraisal is at 370-. The offer that we've worked towards with the understanding that it had to come to this board and had to be addressed as an exception to be a whole take, was 403-. That reflects moving expenses and some of Save Our Home and the like. So with that in mind, we're not adverse to this, but we do want to make sure the board understands it from the start. We raised the issue that this is an exception for whole take, and that exception will have to be approved by this board. COMMISSIONER COYLE: Well, let me just clarify. I understand, then, that the staff is in agreement with the terms of the purchase? MR. FEDER: Yes. COMMISSIONER COYLE: And the petitioner is in agreement Page 48 October 23-24, 2007 with the terms of the purchase. The only thing that needs to be determined is whether or not we will grant an exception to our normal policy. MR. FEDER: That is correct. COMMISSIONER COYLE: And speaking for myself, I have absolutely no concern with it at all, okay? CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: That's where I'm at. I believe that transportation staff has worked diligently with this idea from what I can see that was presented to me, and I don't think we're in the mood to have the whole take. I think we'll pay you for what is needed in regards to the right-of-way. CHAIRMAN COLETTA: I'm sorry. Would you explain that again? COMMISSIONER COYLE: Yeah. The whole -- the proposal is to do the whole take. COMMISSIONER HALAS: I'm not in favor of taking the whole take. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Yeah. It was a little confusing there. Couple questions, in can, Mr. Feder. If I understand correctly, if we just purchase the amount of land that we need, we have a given cost for that in the fact that we would be taking a particular building there that could have multiple uses for it, so we would incur an expense. Now, the difference is almost negligible between taking the whole thing to determining what the property would be valued at. How would this work out? I mean, dollar-wise for the -- MR. FEDER: First of all, the property owner, based on the direction received, would have to wait until I have 60 percent design plans, about June of next year. That's first. Second, we would then evaluate the exact take, which may not be Page 49 October 23-24, 2007 the whole 100 feet off of his property. We would have to pay for any property we're acquiring. He might argue, we may have to discuss issues of severance damage. But he is at least 98 feet away from the 100- foot line in his residence today. The take of a partial would be less expensive obviously than the whole take. The only thing I'm throwing out to you, if you consider a whole take on this, and that's the board's determination, is I could then take the remainder, which I would say would be some distance away from the structure, at least the main structure, and if that's resold, try to recoup some of that 403- and possibly be in a position of where it's favorable to us relative to the partial acquisition cost and possible severance. CHAIRMAN COLETTA: I realize that our direction that we gave before was, is to, as soon as possible, to take those particular parcels where we're directly impacting them with the road going right through them. MR. FEDER: Yes. CHAIRMAN COLETTA: You try to make these people whole as fast as possible. MR. FEDER: Which is within 50 feet, yes. CHAIRMAN COLETTA: And then -- right. And we've been going in that direction. Now, if we were to change our direction, of course, we'd have to make it uniform not only in this case, but across the whole corridor. COMMISSIONER HENNING: Whoa. CHAIRMAN COLETTA: Now -- yeah. And this is something that everyone has to consider. Now, we have an unusual circumstance with this particular corridor. It's not the same as some of the other roads that we have in Collier County where we're taking them from two lanes to four lanes or six lanes where we're going to impact residents that are there. In most cases those roads were there, people have known about it, and it's one of those things that you come to live Page 50 October 23-24, 2007 with. In this particular case we have an unusual hardship that's befallen some of the residents out there where it's never been anticipated in the past, and it's one of those things, you know, that we're trying to work through. And by the way, I want to compliment staff. I can tell you that I've had nothing but compliments in how you've been handling the negotiations for the land purchases out there. I've received some very nice letters from a number of people after the fact when there was absolutely no reason for them to write them unless they were writing them from their heart, so that I want to thank you for writing. But we do have that problem. How many other properties in this corridor would fall within that same guideline, that 100- foot guideline? MR. FEDER: I asked staff the same question. And Commissioner, I placed up on the overhead that information. Essentially, as you know in this project, we're working it in two phases. The first phase is from Wilson to the west, or 951. The second phase would be then from Wilson to the east out to Everglades and then DeSoto. What we've found is within 100 feet besides this property at 98 -- that's why we looked at 100 feet -- I have one property that's about 75 feet. I have two others that are at 100 feet on that western portion, and another one at 85 feet, which is Mr. Strakaluse's property, and I raise that because the board is aware of that issue. On the eastern end it appears that we only have one house within a 100 feet, so basically what I'm looking at is a total of five besides this, as I had mentioned previously, that might fall within any precedent that was felt set on this corridor, and that's very important. This corridor is being treated based on the policy direction provided by this board. It is a new corridor. It's a new alignment. It is not the same when we go through and expand two or four lanes, Page 51 October 23-24, 2007 which we're doing throughout the county. We're not applying that same 50-feet issue and the like. So I present that to the board. You've got some people here that might try to follow through on this and argue that if you did it here, then they want that; in other words, some level of precedent. It appears that exposure is only five potential, not all of which would necessarily want to be a take. You do have an unusual situation here in that you have a structure that's within seven feet, and any other issues you may want to take it, but it would be as an exception basis. I would hope we're not setting policy to go to 100. It's still at 50. But you are setting a level of precedent, unless you feel this is sufficiently unique to make that exception. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I guess my concern is, with set -- changing it to be a 100 feet, I'm concerned if we're going to have enough money to actually construct the road, you know. And, boy -- MR. FEDER: Again, Commissioner-- COMMISSIONER HENNING: -- I don't want to set new policy based upon Commissioner Coletta's comments, because I mean, it's just a -- it's just a real slippery slope. MR. FEDER: Commissioner, what I am recommending -- COMMISSIONER HENNING: There are so many other needs out there. MR. FEDER: Excuse me, I'm sorry. What I am recommending is you look at this if you deem such as an exception, not to change your policy. I am recognizing that if you do deem an exception, depending upon how you find that, that there are others -- and appears only five -- that might declare precedent on this corridor, and that's why I raise that to your attention, and the board needs to make that decision. Page 52 October 23-24, 2007 And we're not recommending that you change your policy as to the 50 feet that we've been proceeding under, even if you find this one, for some reason, to be an exception that you want us to proceed with. And then the bottom line, Commissioner, to your point is, in the case of this one -- and I would assume would be the case in the others -- if they are far enough back where we know we're not hitting them directly as we are with some of the whole takes you originally approve, and sufficiently far back that the remainder ought to provide us the opportunity to recoup the added costs of whole take, especially when we have to go through the process of partial take and the issues associated with that if we negotiate to our, as we have in this case essentially, to our appraised value. CHAIRMAN COLETTA: Okay. Now I'm going to, before I go to my fellow commissioners here -- I want to be able to move this along, either one or two things, we're going to bring this back for consideration at a future meeting or we're not. I'm for bringing it back, but -- and with that we're going to go to Commissioner Coyle, then Commissioner Halas, and I think I got it in the right order. COMMISSIONER HALAS: Yep. COMMISSIONER COYLE: I would just like to say that I agree with Commissioner Henning. If we're going to take action here that is going to try to establish a precedent for future purchases, then I'm not in favor of it. I'm not in favor of bringing it back and I'm not in favor of supporting it. But if we are going to evaluate this as a single parcel with its unique circumstances where we're having to take, a detached garage and we're evaluating the economics of doing the entire take and that we believe those economics are favorable to the county, then I am in favor of it. So we need to separate this particular -- this particular consideration from any precedent. I am not in favor of just issuing a Page 53 October 23-24, 2007 blanket change in policy that says, anything 100 feet or less will be purchased. That's not a good policy. We're not doing that because this is 100 feet or less. We're doing it because we've got a take a detached garage seven feet from the right-of-way, and it makes economic sense to do the whole thing, and it's fair to the owner to do it that way. Where's he going to put his garage if we take that one away? And there are unique issues here. And I would just like to get this one out of way. I'd like to say, yes, I support this. Let's proceed with it. Give the homeowner an opportunity to get this thing resolved, the staff can do what they've already done, which is evaluate it. Let's say, yeah, this is a good thing to do. MR. FEDER: Mr. Chairman? CHAIRMAN COLETTA: Let me ask the county attorney if this could go from a public petition, being recognized as an agenda item-- we did see the contract and everything in the beginning -- or does it have to come back to us at another meeting? COMMISSIONER COYLE: It has to come back. MR. WEIGEL: The policy is, under public petition, that the boards give direction to staff for it to come back. And I'd like to hear from the county manager and Mr. Feder, because I would expect that they would prefer to be able to bring it back to you a little bit different than this presentation today, which is more on the policy level. Ultimately it's your policy though and you have taken action directly from time to time. MR. FEDER: Mr. Chairman? MR. MUDD: Commissioner, just -- I need to set something straight for the record. There were some statements that were made about, you have to take that garage. You don't have to take that garage. You need to take the 100 feet below the garage. That's the only thing you're taking, okay? This is a petition by the petitioner where he's saying, hey, the Page 54 October 23-24, 2007 road's too close to my garage and therefore too close to my house and I want you to take my house and the whole purchase, okay. I just want to make sure that that's on the record. CHAIRMAN COLETTA: Okay. Commissioner Halas, Commissioner Fiala, Commissioner Henning. COMMISSIONER FIALA: You can go before me. COMMISSIONER HALAS: Yes. I think that Commissioner Coyle hit the nail on the head. The only thing I'll add to this is that if this person thinks that the garage is going to be a problem, then we just negotiate and pay for the garage, not the rest of the property. It might be a lot cheaper that way. But I'm not going to -- I'm not in favor at all for the whole take, I'll be honest with you, okay? CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. Commissioner Coyle said it all, so I just echo what he said. I couldn't add anything more. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, here's something that's not being told that Mr. Olivera explained to me and I verified it with somebody else. He has elderly parents and he wants to create a guesthouse for his elderly parents to take care of them; a very noble thing to do. And I could understand your concerns with that. If you're going to be the caretaker of your parents in this type of situation, being what it is, I agree with Commissioner Coyle's comments. CHAIRMAN COLETTA: Okay. So we can bring this back again? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Okay. I think we got direction on that. We thank you very much for being here today. MR. OLIVERA: Thank you very much, Commissioners. CHAIRMAN COLETTA: Okay. With that, we're going to take Page 55 October 23-24, 2007 a 10-minute break, be back here, get to the time certain, 10 first, 10:30 second. Appreciate your patience. (A brief recess was had.) CHAIRMAN COLETTA: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #10H TO: (A) AWARD THE CONTRACT FOR RFP #07-4138 (RECLAMA nON OF COLLIER COUNTY LANDFILL CELLS 1 AND 2) TO WASTE MANAGEMENT INc. OF FLORIDA (WMIF) FOR A CONTRACT AMOUNT OF $7,597,900.82; BASE PROPOSAL OF $5,910,460.82 AND ALLOWANCES OF $1,687,440; (B) APPROVE A NECESSARY BUDGET AMENDMENT FOR THE PROJECT IN THE AMOUNT OF $6,232,067.06 FROM THE CAPITAL IMPROVEMENT FUND AND RESERVES FOR CLOSURE FUND; AND (C) AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT WITH WMIF - APPROVED That brings us to our 10 o'clock time certain. It's a recommendation to, number A, award the contract award for RFP number 07-4138, reclamation of the Collier County Landfill cells one and two to Waste Management, Inc., of Florida for a contract amount of $7,597,900.82, base proposal of five million, 910 -- 5,910,460.82, and allowances of$1,687,440. Number B, to approve a necessary budget amendment for the project in the amount of $6,238,067.06 from the capital improvement fund and reserve for closure fund. And C, authorize the chairman to execute the contract with Waste Management, Inc., of Florida. Page 56 October 23-24, 2007 And Mr. Dan Rodriguez, your Director of Solid Waste, will present. MR. RODRIGUEZ: Good morning, Commissioners. For the record, Dan Rodriguez, your Solid Waste Management Department Director. Before I get started, I'd like to introduce our delivery team. It includes Robert Zachary, your County Attorney Office; Steve Carnell, your Director of Purchasing; Kumat Atkinson, your Project Manager for public utilities engineering; John Ogle, your Operations Director for Solid Waste; and David Dee, our Solid Waste Attorney; and Vic Kamath, our PE with URS. Commissioner, staff is recommending this morning the award of RFP number 07-4138, reclamation of Collier County Landfill cells one and two to Waste Management, Inc., of Florida in a contract amount of $7,597.900.82, to approve the necessary budget amendments for the project in the amount of$6,232,067.06, and authorize the chairman to execute the contract with Waste Management, Inc., of Florida. The project purpose is to maximize the available landfill airspace at the Collier County Landfill by reclaiming an old portion of the landfill cells one and two. By reclaiming the old landfill cells, we will extend the life of our landfill by allowing future cell construction at the site. We create a safer environment by removing waste from an unlined landfill and disposing of it properly in a lined landfill cell. We will reclaim materials that can be recycled and reused, such as soils, metals, and concrete. By reclaiming cells one and two, we comply with the landfill operating agreement with Waste Management which specifically states that the county has the responsibility to reclaim these cells and pay for the cost. Most importantly, we'll provide concurrency with our AUIR Page 57 October 23-24, 2007 which requires us to maintain an inventory, two years oflined land cell capacity and 10 years of permitted landfill cells. Cells one and two were filled with solid waste between the years of 1976 and 1979. The landfill cells were closed and covered with a soil cap. The area to be reclaimed is about 22 acres. The average depth of waste in these closed cells is about 10 feet. The solid waste will be excavated and processed to separate the soil from the excavated solid materials, the soil we used as cover material at the landfill. The other excavated materials will be processed and segregated. Large pieces of metal, plastic, and concrete will be removed for recycling. Waste, tires, and large pieces of wallboard will be taken off site for proper disposal. The remaining materials will be disposed of on site at the county's landfill. The project RFP process included the development of an RFP for the reclamation of cells one and two. Forty vendors request RFP packages; 13 vendors attended the mandatory prep. proposal conference and site visit. Waste Management, Inc., of Florida submitted the only proposal. The selection committee concluded that Waste Management, Inc., of Florida, was the qualified bidder. Staff negotiated a contract for the reclamation of cells one and two. Total contract cost is estimated at $7,597,900.82, including allowances of $878,000 for unforeseen conditions, including higher than anticipated waste and increased amounts of leachate. There's also an allowance of eight hundred nine thousand, four hundred forty thousand dollars (sic) for extra manpower and equipment to work the active cell at the landfill should additional resources be needed to not interrupt current operations. This is specifically allowed for in the landfill operating agreement with Waste Management, Inc., of Florida. In addition, staff has included $289,539.18 of funding to cover Page 58 October 23-24, 2007 the costs associated with engineering review, inspections, survey services, as outlined in your executive summary. Total project cost is estimated to be $7,887,440. Staff is recommending the award of the contract RFP number 07-4138 to Waste Management, Inc., of Florida for the reclamation of cells one and two in the contract amount of seven million, five hundred and ninety-seven dollars, nine hundred -- I'm sorry -- $7,597,900.82; approve the necessary budget amendments as outlined in your executive summary for the project in the amount of $6,232,067.06; authorize the chairman to execute the contract with Waste Management, Inc., of Florida. That concludes the presentation. We're prepared to answer your questions, Commissioner. CHAIRMAN COLETTA: Let's start with Commissioner Henning. COMMISSIONER HENNING: There was only one respondent to this RFP? MR. RODRIGUEZ: That's correct, Commissioner. COMMISSIONER HENNING: Wow. That's odd. What -- with the declining growth in Collier County and the enhanced recycling in Collier County, is this the proper time do this? MR. RODRIGUEZ: Absolutely, Commissioner. This is the prudent thing to do. If I could bring your attention to the map here. The red outlined area are your cells one and two location. This is the closed cells here, three and four. This is your active cell here. Here's where we're disposing waste. The next phase is in this area here. We have a four-year window to get this area prepared for the next cells. This is a two-year project. We're anticipating getting it within the two years. COMMISSIONER HENNING: Was it in the original contract that they were supposed to construct the -- this area at their cost? MR. RODRIGUEZ: The new cells, that's correct, Page 59 October 23-24, 2007 Commissioner, in the landfill operating agreement. Section 311 requires Waste Management to provide for the new cells that would go in there. It specifically states that the county will pay for the reclamation of the old cells. COMMISSIONER HENNING: Okay. What are you going to do about the -- controlling the odor when you excavate this site? MR. RODRIGUEZ: Well, as part of the RFP process and in the contract, we have a comprehensive odor control plan mandate from Waste Management. County staff has planned pro actively to manage the odor at the open phase. We've prescribed mandatory operating procedures, standards for preventing odor, and the use of daily cover as well as the new Posi-Shell to quickly cover the material in the event of an odor. COMMISSIONER HENNING: So that's the county's responsibility to control the odor? MR. RODRIGUEZ: No, sir. That's Waste Management's responsibility. COMMISSIONER HENNING: Waste Management's, okay. It's just kind of backwards from what I understood you to say. MR. RODRIGUEZ: I'm sorry. COMMISSIONER HENNING: They're going to control the odor. They're going to control the dust. And the varmints. I think you call them varmints, right? MR. RODRIGUEZ: They are -- right, and the county is going to monitor them, as well as they will also have their own trained odor control monitoring staff on site. COMMISSIONER HENNING: I just find it kind of odd that you only had one response for a request for proposal. It went out all over the nation? MR. RODRIGUEZ: It sure did. It was advertised and there were 40 package requested. COMMISSIONER HENNING: And there was only one Page 60 October 23-24, 2007 responded out of the 40? MR. RODRIGUEZ: That's correct. COMMISSIONER HENNING: Okay. Great, thank you. CHAIRMAN COLETTA: Okay. No other comments? Do I hear a motion? COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion for approval by Commissioner Halas, second by Commissioner Fiala. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. Thank you very much. MR. RODRIGUEZ: Thank you, Commissioners. Item #100 A DISCUSSION WITH THE BOARD OF COUNTY COMMISSIONERS (BCC) TO REVIEW THE HISTORY AND CHAIN OF EVENTS RESULTING FROM A PLATTING OMISSION FOR THE OLDE CYPRESS UNITS TWO AND THREE PLATS, IN THE OLDE CYPRESS PLANNED UNIT DEVELOPMENT (PUD) AND TO DISCUSS THE POTENTIAL Page 61 October 23-24, 2007 MEANS TO RESOLVE THE RESULTING ENCROACHMENTS INTO THE SETBACK REQUIREMENT FOR PRESERVE AREAS FOR 18 EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURES IN UNITS TWO AND THREE - STAFF WILL CONTACT THE HOMEOWNERS W/SETBACKS OF UNDER THE 25% DISCREPANCY TO APPLY FOR AN "ADMINISTRA TIVE VARIANCE" WITH A REDUCED GROUP APPLICATION FEE - APPROVED; SECOND MOTION WAS MADE TO INCLUDE AN INDEPENDENT INVESTIGATION BY OUTSIDE COUNCIL (CONTRACTED THROUGH THE COUNTY ATTORNEY'S OFFICE) OF THE REVIEW/APPROVAL PROCESS AT CDES AND ANY STAFF INVOLVEMENT; REMAINING HOMEOWNERS IN VIOLATION WILL BE ISSUED A NOTICE OF VIOLATION (NOV) AND WILL NEED TO APPLY FOR A PROPER VARIANCE - APPROVED MR. MUDD: Commissioner, that brings us to our next time certain item, and that is 100, and it's to initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from platting omission for the Olde Cypress, units 2 and 3 plats, in the Olde Cypress planned unit development, PUD, and to discuss the potential means to resolve the resulting encroachment into the setback requirement for preserve areas for 18 existing single-family residential structures in units 2 and 3. Mr. Joseph Schmitt, your Administrator of Community Development/Environmental Services, will present. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: I would like all the participants in this item to be sworn in. CHAIRMAN COLETTA: Okay. Would all those people Page 62 October 23-24, 2007 wishing to participate in this, please stand at this time and be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Go ahead, Mr. Schmitt. MR. SCHMITT: Commissioners, good morning. For the record, Joe Schmitt, Administrator of Community Development and Environmental Services division. The purpose this morning is to advise the Board of County Commissioners on a recently discovered omission which happened during the platting of units 2 and 3 within the Olde Cypress development which resulted in the issuance of building permits for structures which now are believed to encroach into the required setback from the platted preserves to varying degrees, and I provided that information in Exhibit A. The encroachment now encompasses 18 properties. The purpose of this item is to provide the board an opportunity to discuss with staff the findings for the board to evaluate the options and to resolve the encroachment issues that are -- that I'm going to be discussion in regards to this situation. What I'd like to do now is kind of walk the board through this process so you can understand how this evolved and basically understand how we uncovered the problem. This is a -- this is just a master showing Olde Cypress unit 1, and I'm going to focus in on those tracts. I'm going to go to the next slide basically, which will enlarge those tracts 3 and tracts 2. Those are -- those are Olde Cypress unit 1. Those tracts 2 and 3 are then replatted, basically replatted, and this is the preliminary plat. This is the north end. Note, again, tracts 2 and 3, and I'm going to circle there the tract A noted as a conservation easement. This is the preliminary plat. I'm going down to the south portion of that same plat, preliminary plat, plats 2 and 3. And I just want to zero in again, tract A, noted as a conservation Page 63 October 23-24, 2007 easement. All this information was provided in your packet. This is now when we get into tracts 2 and 3 being replatted actually into a subdivision to become Wild Orchid Court and Treeline Drive. This was in -- approved by the board in June of 1999. And I flip again to the southern portion of those two developments. I'm going to focus in and note that the preserve note no longer exists. I'm not saying what was approved was illegal. It's just that they dropped the notation of preserve and simply just noted in a note the Olde Cypress unit 1, page 32, or at least the property -- the book, and then the pages 1 through 11. Note I circled in green -- also these plats now include a 10-foot golf course easement and a 10- foot utility and drainage easement. And again, this is the note that is adjacent to what was in the master preserve and now is noted as simply more than a note referencing the -- and John, what is that? That's the -- MR. HOULDSWORTH: The golf course. MR. SCHMITT: Yes. Again, with tract 5 replatted, this becomes Lone Pine Drive, similar situation. I'm focussing in on tract 5, focus in again, and that is, again, tract C, tracts A and C. That is, again, replatted to Lone Pine Drive. This is the upper portion of Lone Pine Drive. And I'm going to now focus in again on the notes. This is tract A, and these are -- is what was recorded. Instead of noting it as a preserve, it notes simply just as Tract A, unit 1, and note, again, they have platted or shown on the plat the golf course easement. Understand that these plats then become the master when the building permits come in and the site plans for the building permits. This is what staff bases and evaluates to validate setbacks for the respective homes that are built on these -- in these developments. This is an aerial. Simply shows Loan Pine Drive, and certainly you can see it's pretty evident that it is a preserve, at least from this picture, but was not noted as such in the final plat. Page 64 October 23-24, 2007 I'm going to flip through some slides to show you. These are the properties. I want to stress here, again, that the -- these are requirements of a 25- foot setback for the principal structure, 10- foot setback for accessory structures. I do -- what I -- the purpose of this is to show, this is not a serious problem in regards to encroachments into the setback. It's a dimensional encroachment, but you can clearly see by these pictures where -- the property line and then the start of the preserve. Similar picture here, as we go down and you can see again, and this was the house that sort of brought everything to -- at least to life as far as staff. This -- this house is a five-foot setback and note that it's -- it's right up to the property line. And, again, this is a picture of the back yard of that respective house. These are the summary of the violations, and they range every __ from a maximum of 14.3 feet to less than a foot, and, again, on Tree Line Drive and Wild Orchid. The purpose today is to discuss with you the options, to amend the PUD, and the pros and cons are listed. I think the most significant pro is that it allows for public input and it allows for the public hearing process. It would go before the Planning Commission and go before the Board of County Commissioners, of course, or the Board of Zoning Appeals. The con, of course, is the high costs associated with it, and I'll get into costs in my last slide. The second option is require the property owners to come in and obtain a separate variance for the encroachment. Again, this does allow for the public hearing process, but it puts the burden on each individual property owner. Option three, administratively approve the encroachments. We do believe we have an option that we can administratively approve individual requests for administrative variances up to six-and-a-quarter feet for the setback encroachment into the preserve. Page 65 October 23-24, 2007 And the last option is replat. This is probably the least -- it probably -- well, this would require an amendment to the district. It's the South Florida Water Management District permit and probably the most costly option because it would require all the engineering to be redone, replatting of each of the developments, and a modification to the district permit. So there's your options. And some of those costs are laid out because I did not in any way, shape, or form try and estimate what it would cost for the private consulting fees. Option 1, $6,000 for a strikethrough and underline amendment. It would be a rather simple amendment to identify the preserve setback and do a strikethrough and underline type of amendment, which this board has approved to be done like we've done in the past with other amendments, the advertising costs, that's the advertising costs for both the Planning Commission and the Board of County Commissioners, and then of course, if there are any outside consulting fees. Staff is certainly willing to assist to get through this process. The property owners, it would be a -- obtain a separate variance. That's $2,000 per applicant. If it's deemed to be an after-the-fact permit by the Board of County Commissioners, it would certainly be up to almost $73,000 when you're looking at the properties involved, plus the advertising costs. Administrative appeal is a thousand dollars per property, and we believe that the dimensions and the variances that are dealing with these individual properties, all but two, most likely, could be dealt with through the administrative variance process. And the replat could be anywhere from $7,000 on up. That pretty much covers my introduction. Subject to your questions, that concludes my presentation. I have members of my staff here to answer any questions that you wish to address in regards to the platting process, the survey process, and the building review and permitting process. Page 66 October 23-24, 2007 CHAIRMAN COLETTA: I'm going to lead off, in may. Mr. Schmitt, this is a very complex issue in the fact that we have innocent homeowners that have been greatly impacted by it, but it's very troubling to see this issue and some of the names that are attached to it coming forward. It looks very much like the system has been manipulated beyond any kind of reasonable expectation, I think mostly by the developer, but I can't be entirely sure that staff didn't have some involvement in this. What I'm going to do before I turn it over first to Commissioner Henning, then Commissioner Halas, is I'd like the commissioners in their deliberations here to consider having this item -- I mean, go forward possibly with the action to be able to correct the error in judgment that's been brought out on the landowners, but to possibly consider rolling this into the issue that we have with the Pebblebrooke PUD and having an investigation done by an outside firm to be able to see exactly how this whole thing comes together. If not that firm, maybe a hearing officer. I'm offering that as a point of discussion as we go forward. Commissioner Henning, we'll go to you next. COMMISSIONER HENNING: Well, isn't it odd that both of these issues are in my district? CHAIRMAN COLETTA: That's troubling, Commissioner. COMMISSIONER HENNING: Is there any correlation there, Mr. Schmitt? MR. SCHMITT: Commissioner, no. This all came about on a property at 2949 Lone Pine Road or Lone Pine Drive, which was reported to be an encroachment. It was discovered that there was no consideration for the setback of preserves. I asked my staff if that was the case for that home, how many other homes in that development were -- where preserves were not considered? I think the problem here with this, and what happened with this, is the -- and if I could back up when some of these came in. Page 67 October 23-24, 2007 And you look at a platted subdivisions, and you see a lO-foot golf course easement. I am not sure at one time they may have considered this to be a golf course easement. Again, this is -- this was platted and subdivided in the late '90s. And when staff looks at this as the master, someone may conclude -- I can only assume once someone may have concluded that the -- that what was behind there was a golf course and not a preserve, so -- COMMISSIONER HENNING: Mr. Schmitt, how many other communities do you feel that might have this same problem? MR. SCHMITT: That I don't know, and I can't answer that unless we look in every one of the platted subdivisions and find out if there are other subdivisions that came in with the similar problems dealing with setbacks or preserves. COMMISSIONER HENNING: Well, it's a determination by staff, if a PUD is silent on a preserve setback, that the Land Development Code kicks in. MR. SCHMITT: That's correct. COMMISSIONER HENNING: I can tell you that I haven't remembered seeing a setback of preserves in any PUDs that came before the Board of County Commissioners, so this could be a countywide issue. MR. SCHMITT: Commissioner, there are -- there are PUDs in this county that allow only five-foot setbacks from preserves. COMMISSIONER HENNING: What is your recommendation in this case? MR. SCHMITT: My recommendation is that we amend the -- we amend the PUD. That's the staff recommendation. It's the cleanest way. It's the most legal way. The PUD -- by amending the PUD, they can ask to have the preserve setbacks at least be equivalent or equal to the development criteria, the 20-foot setback. And if anybody can't meet that, then they'll probably have to come in for a separate variance. But our Page 68 October 23-24, 2007 recommendation is that they amend the PUD. COMMISSIONER HENNING: This is a DRI, correct? MR. SCHMITT: Yes, it is. COMMISSIONER HENNING: Have you contacted South Florida planning council on this issue? MR. SCHMITT: No, Commissioner. This is -- it's a local issue. We have not contacted the Regional Planning Council. COMMISSIONER HENNING: Does this have any listed species in the preserves? MR. SCHMITT: There's a tremendous amount of preserves in this -- in this PUD. COMMISSIONER HENNING: Do you know that the Regional Planning Council considers that a substantial deviation according to the planner, Dan Trescott, in the Regional Planning Council? MR. SCHMITT: I have not talked to Dan about this yet. COMMISSIONER HENNING: Have you talked to the district that has the conservation easement in their name? MR. SCHMITT: We've had the district out there on site, a representative from the South Florida Water Management District, along with my staff walking the entire preserve. Frankly, the setback for the preserve is there to protect the integrity of the preserve, and we've had vegetation and encroachment into the preserve. COMMISSIONER HENNING: Have you talked to them about your recommendation to amend the PUD? MR. SCHMITT: No, sir, I have not. COMMISSIONER HENNING: So this could be a very large issue. Now, who's supposed to pay for this PUD amendment that you're recommending? MR. SCHMITT: That's another option for this board. If you deem that it was staff that was responsible, we're going to -- COMMISSIONER HENNING: What is your recommendations? Page 69 October 23-24, 2007 MR. SCHMITT: Well, Commissioner, I believe that the developer ought to pay for it. It's a -- it's the developer -- ultimately the developer is responsible for the development and the submittals, and these are -- these are submittals done by professionals, and I believe that the developer if -- should pay for it, and if not, we jointly pay for it. If you believe that there's staff -- that staff made errors that were involved in this and you believe it should be somehow jointly paid for, then we'll move in that direction. COMMISSIONER HENNING: Are you asking us to deviate from the Growth Management Plan on a PUD amendment? MR. SCHMITT: Commissioner, there are -- that -- I am not asking you right now with that. We're asking for guidance and -- COMMISSIONER HENNING: Do you know what the Growth Management Plan says on this issue? MR. SCHMITT: I'll defer to my staff on that. Bill? COMMISSIONER HENNING: While Mr. Lorenz is coming up, what started this issue? MR. SCHMITT: This issue started with a property located at 2949 Lone Pine Drive, or Lone Pine Lane, had to do with an argument over whether it was a corner lot or the setback, and that's the lot shown right there, lot 28. And it was permitted as a corner lot. The building permit came in to allow for setbacks on that corner lot. Now, that's an argument for a different day because that decision was appealed. COMMISSIONER HENNING: Well, let me ask you a question. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: That house is under construction, correct? MR. SCHMITT: It's been issued a TCO. COMMISSIONER HENNING: When did the house start under construction? MR. SCHMITT: I don't have that -- COMMISSIONER HENNING: When did you -- when was you Page 70 October 23-24, 2007 aware of -- there was a problem on this lot? MR. SCHMITT: We were -- staff was made aware of that, and I'm thinking either the Mayor June time frame of this year. COMMISSIONER HENNING: Okay. Was it under construction at that time? MR. SCHMITT: It was 95 percent complete at that time. COMMISSIONER HENNING: Mr. Schmitt, in the past you have come to the Board of County Commissioners and said, Commissioners, we have a problem with a house being built on a lot. MR. SCHMITT: Yes. COMMISSIONER HENNING: In fact, I remember a lot, a corner lot, in Golden Gate Estates. MR. SCHMITT: Yes. COMMISSIONER HENNING: And that you was asking the guidance of the Board of County Commissioners, Commissioners, should we stop this project until he obtains a variance or should we tell him to proceed at risk pending the outcome of a variance. MR. SCHMITT: That's correct. COMMISSIONER HENNING: Why wasn't that -- why wasn't we informed of this? MR. SCHMITT: In this case this was deemed to be a corner lot. The setbacks met the requirements, and there was a lot line adjustment that was an administrative process to validate that. There was no requirement for a variance for that property. COMMISSIONER HENNING: There's no requirements today for a variance on that property? MR. SCHMITT: Other than the setback requirement for the preserves. COMMISSIONER HENNING: So there is a variance problem with this lot? MR. SCHMITT: Yes, that lot -- COMMISSIONER HENNING: Who is this person that is October 23-24, 2007 getting this special consideration that didn't come to the Board of County Commissioners to ask for -- to proceed at risk? MR. SCHMITT: All I know is the property owner is Mr. Greider, a Craig Greider. COMMISSIONER HENNING: Is there other cases that you have not brought issues like this to the Board of County Commissioners? MR. SCHMITT: Not that I'm aware of. COMMISSIONER HENNING: Okay. MR. SCHMITT: The situation you talked about that was brought to your attention in Golden Gate Estates was an issue of a variance, required variance, to either issue a stop work order or allow the builder to -- COMMISSIONER HENNING: Because of a setback issue? MR. SCHMITT: That's correct -- to proceed at his own risk. There was no setback issue, at least from a staff perspective. And reviewing the situation for lot 28, there was no setback requirement. There's two side yards and two front yards. And, again, we're dealing with an issue that's going to be appealed before this board that's coming to you under a separate appeal. That was an administrative -- it was a -- reviewed, deemed to be -- meet the required setbacks. The only requirement or the only setback problem was dealing with the 25- foot setback with the preserves. And once we discovered that was a problem, I directed my staff to go back and tell me how many other homes in that development did not meet the 25-foot setback, and that's why we're here today. We're here today to bring-- COMMISSIONER HENNING: Don't you think after looking at all this, this should have came to the Board of County Commissioners? This single lot should have came to the Board of County Commissioners so that we're aware of the problem? You gave him a temporary CO, right? Page 72 October 23-24, 2007 MR. SCHMITT: That's correct. COMMISSIONER HENNING: What's the conditions on their temporary CO? MR. SCHMITT: Six months temporary CO. COMMISSIONER HENNING: For what? Why? MR. SCHMITT: Because of the appeal that was filed against that home. There's two appeals that were filed -- COMMISSIONER HENNING: So it's only -- you gave him a temporary CO because there's an appeal? MR. SCHMITT: That's correct. COMMISSIONER HENNING: Not because there's a setback issue? MR. SCHMITT: Nobody has been cited in this community yet for any violation of a setback. COMMISSIONER HENNING: I'm sorry to steal the floor. CHAIRMAN COLETTA: No. You're dealing with this fine. You know, what we may want to do in a moment though is -- you've got more questions, I'm sure, and as we go through the deliberations you're going to have even more. Let's go on to Commissioner Halas and Commissioner Coyle, then we'll come back to you, Commissioner Henning. COMMISSIONER HALAS: Can staff tell me if this development has been turned over to the homeowners association? MR. SCHMITT: This development has not been turned over. I believe it's at least been identified and beginning the process for turnover from the developer to the homeowners association. COMMISSIONER HALAS: Okay. So ifthere's any cost to be incurred in regards to setting -- to change the PUD to go back for an amendment or anything of this nature, then there is the possibility that this would be shouldered by the developer; is that correct? MR. SCHMITT: That's at your direction. If you want to direct it to the developer or you believe that staff should carry the burden on Page 73 October 23-24, 2007 this. COMMISSIONER HALAS: Well, I think the developer-- obviously we've got some problems because it wasn't defined as we went through the process here. There wasn't anything defined that said that it was a preserve. The first one said it was a preserve, but then later on it was dropped from the evidence that you brought forth, and it seems to me that -- I think that the developer's got an obligation here. But I'll wait and listen to the whole situation. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, let's -- excuse me. Let's deal with this -- the document that's before us right now where it specifies there's a 10- foot golf course easement here. That in fact, is untrue, isn't it? There is no 10- foot golf course easement here? MR. SCHMITT: There is on every property except that one listed shown there on 28, but that dashed line along the whole plat is -- that golf course easement still exists. Lot 28, the applicant -- or the builder asked to have that removed, and it was administratively removed from that -- from that lot. COMMISSIONER COYLE: Who is responsible for presenting accurate documents to the staff for consideration and approval? MR. SCHMITT: I hear your question, but I mean, that's up to the applicant. The design professional is responsible for submitting accurate information to the staff for the staff to review. COMMISSIONER COYLE: And is it customary for the staff to verify what these easements or setbacks are? Wouldn't it be an appropriate thing for the staff to look at what is adjoining this property in order to determine what the setback requirements should be? MR. SCHMITT: Yes. Every one of these go through -- goes through extensive review through the departments, signed off by the county attorney, and then approved by the board. COMMISSIONER COYLE: And apparently no one really looked at these adjoining properties because, as you earlier stated, that Page 74 . October 23-24, 2007 if anyone would have looked at the aerial photo, you would see that it was some kind of preserve, right? MR. SCHMITT: Yes, sir, but I can't answer in regards to what happened in '98 or '99 when this came in for review. COMMISSIONER COYLE: Okay. Is it now our common practice to take a look at these things so that we understand what is adjacent to the property we're reviewing? Are we doing that now? MR. SCHMITT: Commissioner, yes. Every home that comes in now, ifthere's a note like this, we go back to the original plat to ensure. I mean, it is -- we placed this in practice when we first learned about this, and now we go through -- like I said -- when an individual home permit comes in, we go back. If we don't understand what the note says on the plat book and page number, we'll go back to that plat book and page number and verify what that is, the adjacent property is designated as. COMMISSIONER COYLE: Okay. When was the Temporary Certificate of Occupancy issued? MR. SCHMITT: Commissioner, I don't have that information with me on that specific property. COMMISSIONER COYLE: Could we get that information? MR. SCHMITT: Maybe Bob. Bob, you -- MR. DUNN: I don't have it with me. MR. SCHMITT: It was sometime in August, and I just -- I don't have the specific date on that. COMMISSIONER COYLE: Sometime in August? MR. SCHMITT: Yes, sir. I'll look that up. And again, that was an issue dealing with the Greider residence and not with this issue. COMMISSIONER COYLE: Is there a staff member who was involved in this approval that is related to an officer of Stock Development Corporation, the developer? MR. SCHMITT: I have that staff member John Houldsworth whose spouse works for Stock Development, yes. Page 75 October 23-24, 2007 COMMISSIONER COYLE: And was that staff member involved in the review and approval process of this development? MR. SCHMITT: It's one of the members in the engineering department, yes, and signed off by the engineering director. COMMISSIONER COYLE: Now, you've listed the setback encroachments for the properties but you've considered principal structures only. How about accessory structures? What would that list look like if we included accessories violations? MR. SCHMITT: Commissioner, we have not done an analysis on the accessory structures. I doubt it would add many more. It-- maybe add one or two more, but we're still within the analysis to do the accessory structures. COMMISSIONER COYLE: Okay. Thank you very much. CHAIRMAN COLETTA: Let's -- we'll go to Commissioner Fiala, then back to Commissioner Henning. COMMISSIONER FIALA: Okay. I think Commissioner Henning was first though. CHAIRMAN COLETTA: He is, but I wanted to give you an opportunity, because we're going to give Commissioner Henning quite a bit of time -- COMMISSIONER HENNING: Ladies are always first. CHAIRMAN COLETTA: -- to probably wrap this up. COMMISSIONER FIALA: Regarding the golf course easement. MR. SCHMITT: Yes, ma'am. COMMISSIONER FIALA: Are they issued for golf course? MR. SCHMITT: No. Ma'am, that's just a designation on the subdivision plat for a golf course easement. I believe at one time this may have been considered to be a portion of the golf, but when they got their district permit, they were told they could not go into that portion of the preserve. But I don't know. We've not done that kind of an investigation. I have no idea, but that seems to be pretty standard, and every Page 76 October 23-24, 2007 subdivision plat that you have in your book shows a golf course easement as part of the plat. COMMISSIONER FIALA: Did they ever apply for a golf course easement? MR. SCHMITT: No, ma'am. No, that's just part of the design. They note it, and it's recorded as an easement in the final plat of process. And it's -- on the cover sheet ofthe submittal that's signed off, it's noted as a dedicated easement. COMMISSIONER FIALA: So when you look at a plan and it says golf course easement, is it supposed to show an SDP with a golf course in it? MR. SCHMITT: No, ma'am. It just -- not necessarily. It's just something they would put on there to indicate possibly they would -- that this may be a platted -- join-in golf course easement, or golf course. COMMISSIONER FIALA: Thanks. CHAIRMAN COLETTA: Okay. Commissioner Henning? And also, too, we do have several speakers -- COMMISSIONER HENNING: I'll keep it short. CHAIRMAN COLETTA: -- to give us guidance also. But go ahead, Commissioner Henning. COMMISSIONER HENNING: The owner is to sign a -- owner or builder is to sign a disclosure statement that the construction will comply with laws and ordinances? MR. SCHMITT: That's correct. That's part of the permit process. I can -- my building director's here if you want any specifics on the building process. Bob? COMMISSIONER HENNING: Mr. Lorenz needs to answer my question, too. We'll take a coin and flip it. MR. LORENZ: For the record, Bill Lorenz, Engineering Environmental Services Director. Commissioner, I believe your question was, what Growth Management Plan requirements could Page 77 October 23-24, 2007 potentially impact the PUD amendment with regard to the setback? The setback to preserves is a Land Development Code requirement. There's no Growth Management Plan -- COMMISSIONER HENNING: What about -- MR. LORENZ: -- requirements for the setback. COMMISSIONER HENNING: -- amending PUDs? MR. LORENZ: That would -- that would -- from a standpoint of amending the PUD to give a deviation to the setback would not be a Growth Management Plan issue. COMMISSIONER HENNING: Well, when you amend a PUD -- and I know that you deal with environmental issues and not -- you don't know the future land use, but I'm sure you know the conservation element of the Growth Management Plan. I'm concerned that we're being asked to do something that hasn't been investigated properly. MR. LORENZ: If the amendment is solely to give a deviation to the 25- foot setback, that would simply be a deviation of the Land Development Code. The Growth -- that would not be any change or violation of the Growth Management Plan. COMMISSIONER HENNING: Just the LDC ordinance violation. MR. LORENZ: A deviation, which a PUD could allow for a deviation to the Land Development Code requirements, yes. COMMISSIONER HENNING: Are we being asked, Mr. Schmitt, to -- just for these noncompliant lots for the PUD amendment? MR. SCHMITT: I would say no. It would be an amendment for the entire PUD. And I need to correct the record also because when you mentioned the DR!, the only way that the region -- RPC would be involved in this, or the district, if it required a reduction in the preserves. The setback change, as Bill just pointed out, is an administrative process. It does not impact the district permit nor the Page 78 .---- '""- October 23-24, 2007 preserve calculations. COMMISSIONER HENNING: Maybe it was director of the Regional Planning Council's mistake that he mentioned that to me then. MR. SCHMITT: We'll confirm that. I don't see any reason why the DR -- why this would be involved in the RPC, but we can confirm that. COMMISSIONER HENNING: So what would you do to amend the PUD? These would become in compliance, but what would -- how would that impact the other residents? MR. SCHMITT: Everybody then would be eligible to go to the reduced setback. And my recommendation would be -- and it's listed in your packet, the development standards, and that's on your page 10 of 29. The rear yard setbacks and side yard setbacks is listed for the setbacks, not for the preserves, that the amendment would basically match, the preserve setback, so everybody would be -- have the option then to -- if they wanted to go further into their back yard, they would have the option to do so. COMMISSIONER HENNING: But here's the thing. Have you drove in that community? MR. SCHMITT: Yes. COMMISSIONER HENNING: Played golf in there? MR. SCHMITT: I've been in that community, yes. COMMISSIONER HENNING: How many single lots are left in there? MR. SCHMITT: Commissioner, that I do not know. COMMISSIONER HENNING: Yeah. I mean, I didn't view very many of them, so you've got -- from what I understand, there's 400 -- over 400 homes built in there, so people -- the majority, the supermajority, or 80 percent -- no, I'm sorry -- 95 percent complied to the setbacks, but yet you're only saying that 18 hasn't so far. MR. SCHMITT: Right. Page 79 October 23-24, 2007 COMMISSIONER HENNING: So you want to do a PUD amendment for a chosen group when the others complied with the ordinance? Wouldn't it be better to do a variance? MR. SCHMITT: Each individual come in for a variance? We could do that. That was an option. COMMISSIONER HENNING: Well, what I heard you say is that you playa part in this, correct? MR. SCHMITT: I feel some responsibility. My -- the staff review process, I believe there's responsibility from the staff in not catching this, whether it's -- there's a legal aspect of that. From a standpoint of saying the staff is responsible, we've not explored that with the county attorney. COMMISSIONER HENNING: Well, being that everybody signs an agreement that it would fall in the ordinance, this is a financial burden on my residents that was caught on a house that was being constructed. You have the ability to do a -- administrative variances for a set amount, correct? MR. SCHMITT: Correct, all but probably two properties listed we could do an administrative variance, and those are the two properties -- COMMISSIONER HENNING: Well, I'm not sure if your recommendations are well thought out. I'm concerned that this is going to cost a lot more money than what you're anticipating because there are other agencies. And would your recommendation -- is to the majority of them that, within your means, is do a mass variance for those that are in your means (sic)? MR. SCHMITT: We would have to deal with each property individually, but we could combine the entire request. And the reason we came to you -- because, again, there's some perceptions that what we did for the property that we discussed on Loan Pine administratively, that it -- folks believe that we went beyond our authority, and I told my staff we're not doing anything till we bring Page 80 October 23-24, 2007 this to the board. And that's why we're here today, because I was not going to exercise something administratively that folks would perceive was not fair for the residents or that it may have been deemed to be trying to get around the situation. But, Commissioner, I agree with your statement. I think if you all approve the administrative process, is the easiest process. It will leave out two properties, but then they can deal with it separately through a request for a variance. COMMISSIONER HENNING: What's the saying, that 90 percent -- if it's -- if it's a perception, 90 percent of it's true? MR. SCHMITT: Yes. COMMISSIONER HENNING: Is that right? MR. SCHMITT: Perception -- people -- perception is reality. COMMISSIONER HENNING: Perception is reality, okay. MR. SCHMITT: Yeah. COMMISSIONER HENNING: I mean, I just have a real concern at how this came about. There are -- I'm sure there's some residents here that their property address is on -- up here. I don't know -- I think, you know, mistakes were made. You got the residents signing a document saying that they're responsible for it, but yet here we are discussing a lot of people's property that, you know, maybe be in the news. I'm not sure this is the proper way to handle this. I would hope that you would have went to the residents first and explained the situation. MR. SCHMITT: I met with Ms. Ebert. We discussed the situation. COMMISSIONER HENNING: How many homes does Ms. Ebert own up there? MR. SCHMITT: I met with the homeowners association president, discussed it with her, said I wanted to set up a meeting with Page 81 October 23-24, 2007 the residents to discuss this issue before we brought it to the board. But I'm bringing it to the board based on the manager's direction. We have this on the agenda. I do need to correct the record though because I made a statement. Commissioner Coyle, I looked at the date and these plattings were done when this property was under the Hardy development. It was -- Stock Development purchased the property. It was already platted and subdivided. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Let's call the speakers at this point in time. MS. FILSON: Okay. Mr. Chairman, we have seven speakers. Chuck Slaght. CHAIRMAN COLETTA: When you come forward, I'll ask you MS. FILSON: He'll be followed by Diane Ebert. CHAIRMAN COLETTA: -- to state your name for the record, please. MR. SLAGHT: Yes. Charles C. Slaght, 2918 Lone Pine Lane. When we came to Collier County, we looked at a number of properties. This was one, specifically lot 28 because it was on the end of a cul-de-sac, so I was very interested in that, and we were told that you couldn't provide the square footage of house that we needed at that time. I'm on 2918, and I'm one feet, four inches on encroachment. Just for your information, we were placed on that lot three different times and they could never get it right, so obviously they did not get it right. And that's pretty much all I wanted to say other than, the architectural concept that we have in our community is also violated, which I really have a hard time with, and I thank you for your time. CHAIRMAN COLETTA: No. Thank you for being here today. MS. FILSON: The next speaker is Diane Ebert. She'll be Page 82 October 23-24, 2007 followed by Tor Kolflat. MS. EBERT: Tor is giving me his time. CHAIRMAN COLETTA: I may -- MS. EBERT: If! need to, I'll make it as short as possible, because I want to get this over with, too. CHAIRMAN COLETTA: Okay. I'll tell you what, as long as no commissioners object, you go ahead with your presentation. MS. EBERT: Thank you kindly. For the record, my name is Diane Ebert, and I am here as a very proud resident ofOlde Cypress, and probably one of its best promoters. I have also had the opportunity to meet and work with a lot of wonderful employees of Collier County, from PUD monitoring to the transportation department. Unfortunately, there are a few rotten eggs in your mix. That being said, Commissioners, I am here today to make some strong statements for the betterment of Olde Cypress community and Collier County . We are here truthfully because Joe Schmitt and some of his staff are trying to protect Craig Greider, who is a real estate attorney for Goodlette, Coleman, & Johnson, who are also land use attorneys for Stock Development. A few residents went to the county in June to discuss the setback and encroachment issues at the property in question, of which there are many. We asked that they put a stop to the construction of this house, red tag it, until the problems could be resolved. The front door was not even on yet, and Joe Schmitt and his staff put us off for a month before they met with us July 17th. At that meeting staff said they would red tag the house, and they did so for two days. But you can ask any builder and he'll tell you that the last two to two-and-a-halfmonths is when 40 to 50 percent of the value is put into a home. Some of the first words out ofMr. Schmitt's mouth were that the Page 83 October 23-24, 2007 county made a terrible mistake. We don't make many, he said, but this is a big one. When asked how the county could have approved the plans, Joe and his staff informed us that at the time they were not even aware that the property adjoined a South Florida Water Management wetlands preserve area. He went on to say Mr. Greider's home isn't the only one to encroach on the preserve. There were eight or nine other ones, and the county was researching the rest of the properties on the preserve to see how many more encroachments they might find. Joe suggested at the time a mass variance would need to be done to correct the issue. He also said that Greider could do an administrative lot line adjustment so as to avoid the need to go in front of the county commissioners. Considering the other encroachments they found were only four inches to five feet, these homes were completed with COs for over two years. We couldn't help but wonder who this special person is, they were trying to protect him, for a 14 -- 14-and-a-half-foot encroachment. At this point the staff listened to the injured parties' facts and information and he stated that it sounded like a dope deal to him. He said he would get back with us. As we were leaving the meeting he stated that he was going to call Stock Development and Rich, a lawyer in Mr. Greider's firm, to discuss the ideas, and he was going to try and visit the property to see it for himself. He did visit the property and was heard on several occasions saying, this is 10 pounds in a five-pound bag. Commissioners, we wouldn't have to be in front of you today if the developer would have followed his own conservation easement which he created. The guidelines for this community of executive homes consisting of villas from 2,200 to 3,000 square feet should have been followed, and he should not have allowed a megahouse of 5,500 Page 84 October 23-24, 2007 square feet plus to be put on this postage stamp developer control lot, which many of us were told was virtually unbuildable. In order to get this megahouse on the lot, the developer gave away a 10-foot conservation easement behind the house. In addition, the county gave up 110 feet of sidewalk in the front of the house, which they have since revoked, and that also belongs to the homeowners association. County staff has spent four months spending hundreds of thousands of dollars of taxpayers' money in staff salary and over 1,100 emails on this property trying to cover it up for the person, and we have spent four months trying to figure out why. Tell me, Commissioners, have you ever heard of the county staff spending this kind of time and money helping a John Doe citizen who is not connected in the development business? How dare you, Joe Schmitt, bring this before the county commissioners and let the county do his work for him. You do not care about the other residents ofOlde Cypress and their small encroaches -- encroachments of four inches to five feet. In closing, Commissioners, I would love to see an administrative variance for the innocent people to be granted, especially considering they have not even been notified by the county that they are encroaching into the major encroachments; that the Greider property of 14-and-a-halffeet needs to be heard in detail since they are so severe in nature and affecting one of my fellow neighbors. Commissioners, please take back this county for the sake of your constituents. Thank you. MS. FILSON: The next speaker is Carol Kolflat. MS. EBERT: She gave her time to me. MS. FILSON: Oh, she did too, okay. Rich Y ovanovich. He'll be followed by Clay Brooker. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of Stock Development, not Mr. Greider. Page 85 October 23-24, 2007 There were some statements made by the previous speaker that I will not address publicly, but I will talk to her privately. First of all, I want you to know that I didn't know anything about this house until the mess occurred and Craig came to me and said, what do I do? And I said, you've got to work it out with staff. I have played very little and have had no role in how we got here today. Stock Development is the successor developer to Olde Cypress. They did not do the original PUD; they did not do any of the original platting. All of this was done when Paul Hardy was the developer. So I don't want anybody to say it was Stock Development who created this mess. This all was created before Stock took over the development. Stock developer also didn't build any of the homes in this subdivision. They were all built by individual builders. So Stock Development didn't come in, didn't ask for any variances, didn't come in with the wrong plans. This was all individual builder issues, not Stock Development's issues, and the record needs to be very clear on that. The developer would like to do whatever it takes to keep all 18 people happy and satisfied. The developer didn't playa role in this, but they're willing -- if the PUD needs to be amended because that's the best fix, the developer will cooperate in having the PUD amended. If there's another fix that the Board of County Commissioners thinks is in the best interests of the people ofOlde Cypress, the developer will support that. I will -- I will tell you that one of the issues you have is, this is a PUD that was adopted in the late 1990's, and there's a PUD provision that clearly states -- under the environmental stipulations, it says, buffer zones adjacent to the preserve areas shall be pursuant to the South Florida Water Management District permit number 11-01232S. So it says whatever the building -- whatever the Water Management District permit says regarding buffers between the preserve and the structures on the lot adjacent to it will be addressed Page 86 October 23-24, 2007 by that district permit, and every one of these homes, all 18 of them, comply with the district permit. So maybe you don't have to do anything to fix this. Maybe they are all consistent. I'm not saying I'm right. I'm not saying I'm wrong, but I'm saying that that needs to be analyzed and discussed, because as you all know, the district, when it permits a project, is concerned about wetlands, and it preserves the wetlands, and there's an upland buffer between the wetlands and any developable lot. So as far as the district's concerned, they're protecting the wetlands -- and I just need a minute or so, if that's okay. It's already addressed. Weare not asking -- Commissioner Henning, we're not asking for any changes to the preserve requirements under the Land Development Code or the Comprehensive Plan. We exceed -- if you read the PUD, we exceed the 25 percent native vegetation requirement. We also meet the district's requirements as far as distances between the preserve that the district put in place and the structures that are on the lot. The district does look at what's going to be on that lot, and they knew they were going to be platted lots. So as far as the district's concerned, that buffer, that preserve is adequately protected. So if you do grant the deviation -- and I don't know what process you're going to put the 18 homeowners through -- including Mr. Greider, who is in my firm and never discussed this with me -- if they've got to go through this process of getting a variance, be assured that the preserve is protected as far as the Water Management District is concerned. The county has an additional requirement because I guess they don't feel the district's doing a good enough job of protecting the district preserves. That's the deviation there will be a request from. And if that creates a hardship for any of these property owners in maintaining their home, they're going to have to suffer through that Page 87 October 23-24, 2007 hardship because they're not going to be allowed to go in and disturb the preserves. So if they've got to maintain their home and they've only got five feet to do it and it costs them a lot more money to do it because they don't have the 25 feet, that's on the property owner. They're going to have to deal with that. And with that, again, I wanted to clarify the record as far as what Stock Development did or did not do. They were not the developer when all this started. They will cooperate if there needs to be a PUD amendment to resolve this. If you want to make everybody go through an individual variance, you know, that's their -- that's fine, but -- and with that, I'll be able to answer any questions you may have. CHAIRMAN COLETTA: Don't go away just yet. Commissioner Henning, did you have something? COMMISSIONER HENNING: Yes, I do. Thank you. CHAIRMAN COLETTA: Then we'll go to Commissioner Halas. COMMISSIONER HENNING: Mr. Y ovanovich, you feel that the setbacks from the preserves are addressed in the PUD now. With the language, the buffers of the setbacks will be addressed in the South Florida Water Management. MR. YOV ANOVICH: That's verbatim from the PUD document. That's different than most of the ones you see go through here, because most of the ones you'll see an additional requirement, and it says clearly in the PUD document that there will be a 25- foot setback for principal structures and 10 feet for accessory structures from a preserve. That's not in this PUD document. That's different. COMMISSIONER HENNING: Right. But what does -- what does it say in the district's agreement with Olde Cypress DR! as far as the buffering? MR. YOV ANOVICH: The Water Management District permit has a line, okay, that says, this is our preserve. This way of the line is Page 88 October 23-24, 2007 an upland area, and then you get to the wetlands that are being preserved. COMMISSIONER HENNING: So as far as you're concerned, you could build right up to that line? MR. YOV ANOVICH: Absolutely. There's no prohibition in the Water Management District permit from building up to the preserve boundary that I'm aware of. COMMISSIONER HENNING: Okay. Well, I think we need to get some clarification. Maybe this is premature. But you still have setbacks that you need to comply to in the PUD. MR. YOV ANOVICH: Absolutely, and -- COMMISSIONER HENNING: And it's 20-foot principal, correct? MR. YOV ANOVICH: No. No, no. What I'm saying is, if I'm correct -- and I'm not saying I am. I think we need to sit down and analyze what happened when this thing got adopted in 1999 and to understand what the provision in the PUD means. COMMISSIONER HENNING: But it was amended. MR. YOV ANOVICH: Well, that hasn't changed. That condition is still in the PUD. COMMISSIONER HENNING: Okay. MR. YOV ANOVICH: It's still in the current PUD. But let's just say I'm right, that all you'd look at is the Water Management District Permit conditions as far as what's the appropriate buffer between an accessory or principal use and the district's preserve. And let's just say -- and we meet that. Now you go to the development standards table within the PUD document. And the development standards table says, for a comer lot you have two sides and you have two fronts. The side is a five-foot setback, so you'd have to still meet that five-foot setback for the principal structure, in which this home does, and I believe all the other homes within there meet all of the PUD setbacks. They don't meet the Page 89 October 23-24, 2007 LDC setback of 25 feet for principal structures or -- and maybe some of them don't meet the lO-foot for accessory. I don't know, but I believe all 18 of these -- they don't run afoul of the development standards table in the PUD. They run afoul of something that's not referred to in the PUD but you find in the LDC, the Land Development Code. That's my understanding of the facts as is being presented. And, again, you know, Stock Development just wants to make it clear that they're here to help do whatever you say is the right way to handle this, but also keep in mind the context of when all this happened, and it wasn't when they owned the development. COMMISSIONER HENNING: Thank you. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Halas? COMMISSIONER HALAS: I understand where you're coming from -- Rich, excuse me. You said this was under the jurisdiction of Hardy when he bought this property and put together this DR!, this development. Mr. Stock decided to buy into this, right? He now buys this development. He owns this development. MR. YOV ANOVICH: He's the successor developer, yes. COMMISSIONER HALAS: Right. And my understanding, he still has not -- he hasn't turned this over to the homeowners association. MR. YOV ANOVICH: I believe you're correct. COMMISSIONER HALAS: Okay. You know, I had a bad experience once in my life when I went out and bought a used car and found out that, when I bought it, that there was a lot more problems with it, and a lot of times I had to step up to the plate and fix problems, and I think that's what we've got here. I think Mr. Stock has got an obligation here, and I think Mr. Stock maybe needs to go before the Planning Commission and have an amendment to this PUD. I feel there's an obligation there. Page 90 October 23-24, 2007 MR. YOV ANOVICH: And I think Mr. Stock agreed that if the process is to amend the PUD, that he'll cooperate in the amendment process. He's saying if you want to go with staffs recommendation, he's not going to get in the way. COMMISSIONER HALAS: And I think there's -- there's an area also that responsibly two properties need to take it on their own to get the variances on this particular item also, so -- MR. YOV ANOVICH: Again, whatever the commission thinks is the appropriate fix, Stock Development will cooperate in addressing. COMMISSIONER HALAS: He may have to go to South Florida Water Management to get some things rectified also if it doesn't meet the criteria of what our -- MR. YOV ANOVICH: I think we're comfortable that we meet the South Florida Water management District permit requirements for the -- COMMISSIONER HALAS: Or the criteria of our LDC. MR. YOV ANOVICH: Those are going to be -- individual lot owners are going to have to address that issue. It's not going to be a water -- I'm not -- there's going to be -- it needs to be addressed, but not in front of Water. COMMISSIONER HALAS: Well, that's where I'm saying that Stock Development needs to playa role in this thing. He inherited this. MR. YOV ANOVICH: Correct. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Thank you. MR. YOV ANOVICH: Anything else? CHAIRMAN COLETTA: And that's it. MS. FILSON: The next speaker is Clay Brooker. He'll be followed by Melissa Showalter. MR. BROOKER: Good morning, Commissioners. My name is Page 91 October 23-24, 2007 Clay Brooker with the law firm ofCheffy, Passidomo, Wilson, & Johnson. I'm here on behalf of the owners of the lot next to the Greider home that's been mentioned many times here already. Those owners are Carol Kolflat and Melissa Showalter. I believe Melissa will be having a few comments to say right when I'm finished. Her lot is in Ibis Landing on Lone Pine Lane. It's one of the neighborhoods being discussed today. Melissa's home fully complies with the preserve setback requirement. I'd like to show you an illustration of the different encroachments. Those are the homes that are at issue, and I believe you should notice right away of the spike. The vast majority of these encroachments less than or equal to five feet into the preserve setback. All of those homes, again, those that are less than five feet, have final COs and have been lived in for two, three, four, or five years. The spike one in the middle is Melissa's neighbor, the Greider home. This lot is obviously different. Not only is at this time most egregious of all encroachments being discussed here today, it also does not have a final Certificate of Occupancy. The home was essentially a shell when the owners knew of the preserve setback encroachment yet they continued to build and try to get in the house just as fast as they could. This is Melissa's neighbor, again, that I'm speaking about and why we are here today. With regard to the process by which all of this should be cured or dealt with, we suggest that you require a variance for each of the lots. While this may seem expensive and burdensome, please remember that your code allows staff to grant, administratively, minor after-the-fact encroachments, and in that regard, minor means anything up to 25 percent of the setback or, in this case, 25 percent of a 25-foot setback is six-and-a-quarter feet. So anything less than six-and-a-quarter feet can be just administratively handled. The vast majority, as you see on the visualizer, of the homes just go away. Page 92 October 23-24, 2007 This method, of course, leaves the two most egregious encroachments to file an after-the-fact public hearing as opposed to administrative variance. We believe this is appropriate to allow these two owners the public opportunity to explain their circumstances. We favor this approach because it will also allow Melissa, my client, the opportunity to layout all the advantages and beneficial staff decisions her neighbor received resulting in construction of a home nearly twice the size of the average home in the neighborhood. A PUD amendment that's been discussed will not work. My client objects to this approach because it simply whitewashes the entire issue with no meaningful review of the impacts on her home. Technically, also, I believe when you start changing the development regulations for individual homes in a PUD, you'd have to have each of those owners of those lots their consent. We don't consent. A final word about this talk about the upland buffer zones. It's not true that the upland buffers exist all the way around this neighborhood. There's some portions of it where the wetlands come right up to the edge of the preserve. So the whole premise that this preserve is already protected by an existing buffer zone is factually untrue. Moreover, the upland portion of the preserve is just that, it's preserve. This land was included, and the requirement was that the developer preserve a certain amount of the native vegetation and create a preserve. Finally, with regard to that -- this issue, I would think the South Florida Water Management District would have a problem with a, what I would consider, kind of a double dipping. Well, the upland buffer's already there, so you don't need the typical setback. And before going that route, I suggest that you hear from the South Florida Water Management District first. Bottom line, variance approach can make most of this go away Page 93 October 23-24, 2007 and have a minor impact on, as a whole, when looked at the confusing mess that's been created. Thank you. MS. FILSON: Next speaker is Melissa Showalter. MS. SHOWALTER: My name is Melissa Showalter, and I am the girl next door. My home is right next to the property that really brings us here today, and I'm the one who is impacted the most by this megahouse that was allowed to be built in a community of small executive villa homes. I purchased my home for several reasons, but one of the main reasons was that I fell in love with the beautiful preserve that my home backs up to. You see, I am a native Floridian who is truly a swamp rat at heart, and I enjoy nothing more than the peace, beauty and serenity of all that the preserve offers. When I was writing the contract to build my home, I specifically asked about the lot next door. I was told that it was virtually unbuildable. I asked if my contract could be amended to state that if anything ever was built, it was -- it would conform. I was told there was no need to worry about this. I had also asked if it would be possible to extend my own lanai out a few feet closer to the preserve. My builder informed me very firmly that this was impossible due to the fact that the setbacks required -- it disallowed it due to the preserve lot. I immediately dropped the subject in respect for the rules and regulations. I'm a bit of a backwards person in that I mainly reside in Florida during the summer months, and I have to tell you, this past summer was one of the worst of my life. When I got here in June, the house next door was under roof. I was shocked to see that I had a two-story cement wall looming over my entire lanai. I felt as if I was on the wrong side of a prison. All my sunlight and air were missing, not to mention the view of the preserve I had enjoyed from my lounge chair. I also realized that I could no longer open the blinds in my Page 94 October 23-24, 2007 bedroom. You see, rather than enjoying the sunrise over the preserve from my bed as I had done before, I now have a two-story balcony looming at me, as well as a first floor of pure cement wall. The sunlight that I previously enjoyed is gone. It cannot shine through cement. All of my privacy has been stolen from me due to the northwest wing of this house. This loss of privacy really hit me when I was trying to enjoy a day at my pool. I had an odd sense of being watched. I opened my eyes to see a group of workers on the balcony peering down waving at me. I was absolutely devastated. I also started to realize that even if I wanted to sell my home and move somewhere else in the community, I could not do so, because even in the best real estate market, who wants to buy a house with the main living area stifling with lack of air, no light, and absolutely zero privacy? With the help of my parents, I was able to meet with Joe Schmitt and his staff to discuss the impact this home is having on the enjoyment, value, and livability of my home. I just have a minute, a few more things, if that's all right. They are now asking you today to advise them on how to deal with the setback issues in my community. Please understand that the vast majority of the homes before you have existed for years and have relatively small encroachments. My neighbor, on the other hand, knew of his encroachment before the house was finished and was allowed to just keep building. His house has, by far, the largest encroachment into the preserve setback in all of Olde Cypress. I am, therefore, asking, that you ensure my neighbor go through the variance process so all the circumstances around this house can be aired in a public hearing. In closing, I feel the need to point out, this matter has resulted in more than 1,100 emails amongst county staff in the past few months Page 95 October 23-24, 2007 alone, yet not one mentions my property and the unfair situation I have been placed in. Remember, I respected the rules. Why should I be punished because someone else hasn't? Thank you for listening. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Ms. Showalter, don't go away. Can I ask a question? CHAIRMAN COLETTA: Yes, of course you can. Please proceed. COMMISSIONER COYLE: I want to make sure I clearly understand this. MS. SHOWALTER: Okay. COMMISSIONER COYLE: You're not a developer, are you? MS. SHOW ALTER: No, sir, I'm not. COMMISSIONER COYLE: But you were fortunate enough to find a builder who knew what the setbacks were; is that correct? MS. SHOW ALTER: Yes. He absolutely made it clear to me. COMMISSIONER COYLE: And there was no question about what the setbacks were? MS. SHOW ALTER: No. I was told very firmly that I could not extend any more -- my lanai any more than 10 feet because I was on a preserve. COMMISSIONER COYLE: But an attorney who represents a development company apparently couldn't find a developer who understood what the setbacks were; is that -- does that make sense to you? MS. SHOWALTER: I can't say except that's my understanding. COMMISSIONER COYLE: Okay, thank you very much. MS. SHOWALTER: Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. Commissioner Henning, go Page 96 October 23-24, 2007 back to you. COMMISSIONER HENNING: The word buffer, I'm not sure if it means setback. I'm not convinced that that's covered under the existing PUD. And from what I understand from the agencies, what we're being asked can be extensive and expensive for the minority of the properties that are in violation. I just need to know, is -- what is your ability to do a -- mass variances for the properties defined within a setback, administrative setback, and that's 25 percent of the total setback? Do we have the ability to lower fees or create one mass variance under one administrative petition? MR. SCHMITT: I would answer that, Commissioner, by, if you so direct, absolutely. I'm going to turn to the county attorney from the standpoint of the legal, but if you -- COMMISSIONER HENNING: I always like to be legal. MR. SCHMITT: Yes, but -- COMMISSIONER HENNING: Whether it's a PUD, whether it's a setback, whether it's general law -- MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: -- I always want the guidance of our county attorney. MR. WEIGEL: Thank you. The cost for a variance petition is a component of your fee policy; and that's a policy, not an ordinance. So I believe that the board, in fact, can deviate from policy if it wishes to do so, and obviously what you're talking about would be to provide specific guidelines or limitations or identifications of property to be handled such. One thing I would mention in regard to this term mass variance, and that is, we -- you might be talking about -- correct me, please, any sector, if I'm wrong -- but you may be talking about handling the variance to the individual parcels that are affected in a cumulative or in an organized way. Page 97 October 23-24, 2007 Remember that a variance attaches to an individual property. It affects a specific property and not others. And we also know here from the facts discussed just this morning that the variance needs of one property may be different than the variance needs of another because the encroachments differ to some degree. Part of the discussion had to do with the potential authorization from the board for the staff to do what it already is authorized to do but has come to the board for further advice, and that is to administer the administrative variance for those parcels where the encroachment is up to or less than 25 percent of the setback, which I believe is a 25-foot criterion. So it could be that part of your direction or at least the initiation of your direction from the board today would be for the staff to go forward with the administrative variances for those parcels. That does not take into effect, however, the application fee, which was the initial part of your question for me. And I do believe, as Joe had indicated as well, that that is policy, and you can deviate from general policy with the specific guidelines and authorization that you may wish to do. COMMISSIONER HENNING: Right. And I was talking about the administrative variance, that the administer -- administrator of community development may grant without coming to the Board of County Commissioners. And I really think this issue is going to be massive, not just within this community. So we do have the ability to deviate from the fee policy and direct the county manager to do a mass variance under the guidance of the Land Development Code as one petition, but several properties? MR. WEIGEL: Well, I didn't go that far to say one petition for several properties. What I did indicate was that you can reduce the fee for any variance application and defining which properties this deviation from fee policy would apply. COMMISSIONER HENNING: Well, see, we don't know yet. The staff is still looking at -- to see if there's any accessory Page 98 October 23-24, 2007 encroachments within this community that would need some type of a vanance. MR. WEIGEL: Oh, I see. Well, I would tend to advise you and recommend that if you're too general and say a mass variance for, perhaps, at this point, some unidentified parcels, that that is not -- it's not the advice I'd like to give you and not the course I'd recommend that you follow. It did appear to me though, that of the 17 adjacent parcels -- parcels located within Olde Cypress other than the Greider property, as it's been identified, that most, perhaps all but two of those, may lend themselves to the administrative variance process and that you could certainly refer to those to be handled in a cumulative way, but the variance would apply to each parcel, because I think that the standard of variance, the number, the footage figure, will vary from parcel to parcel. COMMISSIONER HENNING: Can we -- under section 9 of the Land Development Code, it gives the ability of the administrator to do variances. Now those individuals, can we just apply one fee for all those properties? MR. WEIGEL: You have that authority, yes. COMMISSIONER HENNING: Okay. Well, that-- MR. SCHMITT: Can I make a recommendation? CHAIRMAN COLETTA: Yes. Mr. Schmitt, go ahead. MR. SCHMITT: Waive the fee, direct us to deal with these administratively, we'll combine them all, the ones -- it will be a combined application. Those we can deal with administratively, we'll deal with administratively. Those that we can't, we issue a Notice of Violation. COMMISSIONER HENNING: Well, in the past you've said, you know, Commissioner -- Commissioners, if we don't -- somebody has to pay the fee. MR. SCHMITT: Understand. Page 99 October 23-24, 2007 COMMISSIONER HENNING: It has to either come out of the general fund or the owner has to pay. MR. SCHMITT: Or I absorb it as a cost of doing business. I choose not to do that, but in this case, it seems to be -- it's an administrative process. I just need the homeowners to individually apply. I gather all the information. To me that's the best approach. If that's what the neighbors want and that's what the community wants, I think it's the best approach. I was just concerned about the administrative process, but we can deal with that. The zoning director will take the applications. We'll process them individually in a combined application. I'll work with Ms. Ebert and the homeowners and work with them in gathering the information, and we'll deal with the ones we can deal with administratively. We'll provide the board a report back on those we dealt with administratively. On those that we could not deal with administratively, they'll have to come in for an individual application for a variance. COMMISSIONER HENNING: I'm ready to make a motion, but I still think that we're not dealing with this. And we need to -- after we exalt this motion, is have a little bit further discussion and guidance. CHAIRMAN COLETTA: Go ahead with your motion. COMMISSIONER HENNING: I'm going to make a motion that we direct staff to diplomatically contact the owners of the -- for the setbacks of 6.25 or less, explain the problem, and then my motion is, that those properties in Olde Cypress will have one fee that's covered in our fee resolution, which I believe it's a thousand dollars. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: I don't believe -- and this is not part of my motion. I don't believe that it should be scot-free. There is going to be some sort of staff time on this. I think a lot of the staff time has already completed it. That's my motion. Page 100 October 23-24, 2007 COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Fiala. And we're going to Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: Coyle was -- Commissioner Coyle was first. CHAIRMAN COLETTA: Okay. Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Okay. I -- it is a little confusing. I think I know what you intend to do. You're not dealing with large encroachments at 2968 and 2949 Lone Pine Lane because they can't be approved administratively anyway. But for the others, we're really talking about encroachments of five feet or less, not six something. COMMISSIONER HENNING: Well, if the setback is 25 feet-- MR. SCHMITT: Right. COMMISSIONER HENNING: -- and 25 percent of that, it's more than five feet. COMMISSIONER COYLE: Yes, I understand. But none of these exceed five feet. Are you including others that, perhaps, we haven't found yet; is that -- is that what we're talking about? MR. SCHMITT: The code allows for 25 percent administrative variance, so it's 25 percent of the 25- foot setback -- COMMISSIONER COYLE: Okay. MR. SCHMITT: -- which is six-and-a-quarter. COMMISSIONER COYLE: So you want to extend it beyond just these that have been identified in the event there are some that go over five feet? MR. SCHMITT: That's correct, Commissioner. It allows us-- COMMISSIONER COYLE: I understand. MR. SCHMITT: It allows us to apply to code as written. COMMISSIONER COYLE: Okay. I understand what you want to do then. Page 10 1 October 23-24, 2007 But let's step back a minute and make sure that we appreciate the fact that somebody has to be responsible for this, and it is ultimately the homeowner who is responsible for an encroachment. They hired the developer. You just heard one homeowner say that they hired a builder and the builder told her that she couldn't exceed that setback. Why should other people who fail to abide by setbacks be given a variance free of charge? They shouldn't. I do not think that the cost associated with getting a variance approved administratively is prohibitive for the people who own these homes. If we do this, what we're essentially saying to people is, just bring in all your violations, we don't really care. As long as they're within 25 percent, you get them done free of charge and you don't have to assume any responsibility. That's a terrible message to send if what we're interested in doing is making sure people start paying attention to the Land Development Code, and I hope that's what we're trying to do in making these decisions here. So I would not support the motion if it is going to give these violations to people at some reduced rate -- or give these variances to people at some reduced rate or free and -- but I would support it if we would say that the homeowners are responsible. If they want to pursue the builders, that's exactly what they should do. We have to get people accustomed to paying attention to our Land Development Code, and the only way we do that is to make them pay for it. COMMISSIONER HENNING: Next? CHAIRMAN COLETTA: Commissioner Henning, do you want to respond? COMMISSIONER HENNING: Commissioner Halas. Yeah, I do want to respond to that, if you don't mind. The-- CHAIRMAN COLETTA: Go ahead. COMMISSIONER HALAS: Oh, wait. I'm first. Page 102 October 23-24, 2007 CHAIRMAN COLETTA: We'll get -- I know, but it's Commissioner Henning's district, he's been working with this for a long time. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: We'll come right back to you, but I want him -- he wants to respond to Commissioner Coyle, and I think he has a right to. COMMISSIONER HENNING: Here's the -- here's the problem with that, is this was all brought up because the residents went to the government and said, hey, you have a problem here, and government said, hey, a lot of your neighbors have problems. I mean, this issue wouldn't have come up if it wasn't for one house, and I'm sure we're going to hear that later on. I'm not trying to pick on anybody, but it's an issue of one house. So government is creating this problem because of one house, and that's why I feel it should be a reduced rate. And mind you, we're going to have, in my opinion, several other communities. I mean, I know of one right now that I question whether the proper information was submitted for individual building lots. But anyways, that's my opinion. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas. COMMISSIONER HALAS: Thank you very much, Chairman. I believe that there's a responsibility by the developer that took on this -- this deal, and I also believe that the citizens shouldn't be held totally accountable. And as Commissioner Coyle said, maybe it's time for the citizens to go back to their builder. Probably in this particular community -- I don't know this for a fact -- but there could have been a builder that came in there and bought a number of lots and built the homes and decided that he was going to either build a home that was larger than needed to be put on this property -- and, therefore, now we've put the responsibility onto Page 103 October 23-24, 2007 the homeowner to take care of this. I believe that since the developer owns this property, he needs to find out who the builders are and the builders need to step up and take care of this issue instead of putting this on the responsibility of the homeowners who obviously don't have the time to research Land Development Codes and so on. So I feel that there's responsibility, and I don't feel that we need to address this whereby we give something free. I believe there's other people that are involved. CHAIRMAN COLETTA: Speaking of the motion at hand, you're saying that you don't support the motion? COMMISSIONER HALAS: Nope. CHAIRMAN COLETTA: Okay, fine. I just wanted to sum it up. Myself, I'll tell you, I -- there was -- there's concerns. I'm a little bit concerned about the strength of the questions that were directed to staff. I don't think that we have staff that's been -- what do you want to call it -- in the pockets of the developers, as some people may have tried to draw some parallels with during the discussions. I do think that there is concerns over how everything comes together. I did suggest at the beginning of this particular item that we might want to consider having this item go to a special separate entity out there, be it the one that the county attorney's putting together through a private firm, to review issues on Pebblebrooke. We may want to lump into that, but I heard nothing that __ nothing in that particular direction during our discussions, so I can only assume that we have a comfort level with what took place as far as staffs involvement that it's not necessary to do that. That's the only assumption I can make, and I kind of thought I would draw a response out of someone, and I did. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I strongly disagree. I think Page 104 October 23-24, 2007 there's a lot of troubling things that I've heard about this process that warrants a further investigation. I am concerned about the fact that Mr. Schmitt says that the reason that he's bringing this to our attention now is the perception that staff exceeded their authority in permitting at 2949 Lone Pine Lane. If that's the case, why didn't we have it brought to our attention back before the temporary CO was issued? There's -- there's more here than meets the eye. Whether it is efficiency or something else still needs to be determined. But I think any county member who has a relative working for the petitioner should have been excluded from the review of this process and from the involvement in approvals. I think that would just be a common sense kind of thing. I'm not saying that anything wrong was done. I'm merely saying that if we're concerned about perceptions, then we don't have people involved in the approval process whose family members are somehow involved with the petition itself. So, you know, there are things that need to be looked into here and resolved. And it doesn't have to be part of this particular motion, but I would make a motion that we do extend the investigation into the process. CHAIRMAN COLETTA: Let's handle the motion at hand, then we'll come back to you right after that. COMMISSIONER COYLE: Okay, okay. CHAIRMAN COLETTA: I was waiting to see what the interest was. Okay. We have a motion by Commissioner Henning, second by Commissioner Fiala. Just for the sake of everyone here, could we have the motion restated? COMMISSIONER HENNING: Direct staff to contact the people that fit the criteria of 25 percent or under that have violated the setbacks for a one -- one fee of a thousand dollars. Page 105 October 23-24, 2007 CHAIRMAN COLETTA: Okay. And that agrees with your second, Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor of the motion, indicate by saying aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. The motion passed, 3-2. COMMISSIONER HENNING: I'll support Commissioner Coyle's motion. CHAIRMAN COLETTA: Wait. Let me finish what I had to say. The motion was successfully passed 3-2 with Commissioner Halas, Commissioner Coyle, being in opposition. Okay. Now, Commissioner Coyle, you wanted to make that into a motion as far as direction? COMMISSIONER COYLE: I don't know whether it has to be a motion or just guidance to staff or the county manager, but I would like to see our review and/or investigation into the practices into community development services to include this approval process. CHAIRMAN COLETTA: And I think that should be a motion, if you don't mind, sir. COMMISSIONER COYLE: Okay. That's a motion. CHAIRMAN COLETTA: And I got a second from Commissioner Henning; that's correct, sir? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Any other discussion on that? Page 106 October 23-24, 2007 And I just want to comment. I think that's the best way to go. I think it's going to -- we're going to find that we don't have anyone on the staff end that has violated any laws, but how are we ever going to know if we don't go through the process. COMMISSIONER COYLE: That's right, that's right. CHAIRMAN COLETTA: And with that, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMANCOLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. We're going to break. COMMISSIONER HENNING: Nope, we've got one more issue on this one. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: And I agree with your statement, if there's questions out there about any violation oflaw, I think -- I think we need to clear it up. But anyways, we have two other homes out there that we haven't dealt with and how are we going to deal with them? MR. SCHMITT: Commissioner, my only option, identify -- or notify those homeowners that they're in violation and issue a Notice of Violation to both homeowners. That was one of the reasons for coming today. And I will do that. That one home has been identified as a TCO, Temporary Certificate of Occupancy, and we will notify the homeowner that this is now a violation of that certificate as well. They'll have to come through a private petition process to clarify those. Page 107 October 23-24, 2007 Now, there's also -- Mr. Brooker has two appeals pending for private -- or for staff decisions based on this property as well, and I think one will probably conflict with the other, or it should all come together under one public hearing because there's a -- it has to deal with whether that was a comer lot or a -- should have been -- should not have been a comer lot, and that may be tied up as part of this whole variance process. And I don't know if you want to hear that situation separate from the variance process. COMMISSIONER HENNING: I think it should stand on its own. You have somebody that is contesting -- MR. SCHMITT: Yes. COMMISSIONER HENNING: -- what you have done. MR. SCHMITT: Yes. COMMISSIONER HENNING: Has the -- has the owner of that home applied for a variance? MR. SCHMITT: No, sir. COMMISSIONER HENNING: So that wasn't a part of the TCO, right? MR. SCHMITT: No, sir. There's been no Notice of Violation issued. The home was identified as a potential violation. There's been no Notice of Violation issued regarding the setback issue. The TCO was issued because the administrative process allows basically to cure that problem through the administrative process, so the TCO was issued. COMMISSIONER HENNING: Okay. Doesn't the Florida Building Code state that no building or structure can be occupied if it violates this code or local ordinance? MR. SCHMITT: It's the paragraph there for the Temporary Certificate of Occupancy. Basically the TCO was issued based on the fact that there's no health, safety, welfare issue, that the violation could be cured through the administrative petition process through the local government. As a result, there was no justification to withhold Page 108 October 23-24, 2007 the CO on this home. We've done this before. It's fairly common practice. We issue a TCO. If you remember, we had an issue up in District 2 where a homeowner had the TCO for almost two years going through a setback process with a pool cage. COMMISSIONER HENNING: Can you -- can you slide that so we can see what should be one -- there you go. The use of occupancy, no building or structure shall be used or occupied and no change to existing occupation (sic). The petitioner shall be -- until the building official has issued a Certificate of Occupancy, and issuance (sic) of occupancy shall be constructed in violation of -- hum. Shall not be construed -- COMMISSIONER COYLE: Commissioner Henning, if I could help. COMMISSIONER HENNING: It's right there. COMMISSIONER COYLE: Take a look at paragraph 110.4, revocation, in the upper right-hand portion of that. It says, it can be revoked when it is determined that the building or structure or portion thereof is in violation of any ordinance or any regulation or any of the provisions of this code. MR. SCHMITT: And that code -- that comes from, Commissioners, the Florida Building Code. If the board wishes to direct us, we'll issue -- we'll revoke the TCO. COMMISSIONER HENNING: No. I want you to clarify the TCO. You know there's a violation. MR. SCHMITT: Yes. COMMISSIONER HENNING: And I'm reading it as other ordinance or -- I think that word is cut off. COMMISSIONER COYLE: Or regulation. COMMISSIONER HENNING: But it needs to be clarified. We need to resolve these issues. Page 109 October 23-24, 2007 MR. SCHMITT: Yes. COMMISSIONER HENNING: And I think issuing a TCO under whatever you did, is not resolving anything. There's -- I think you need to further clarify, the temporary CO is, all issues need to be addressed. MR. SCHMITT: Yes, sir. This will be part of it now, since the board ruled that the -- as far as the setback, and we will reissue the TCO. I'll provide the board a copy. CHAIRMAN COLETTA: Well, wait. You haven't gotten direction from the commission yet. COMMISSIONER HENNING: Well, see, you know, I don't know if we have the ability to do that. We're not the building official, and we were told at one time that we cannot interfere with the building official. But I just think that they did not issue it under the right citation. Hi. MR. DUNN: Hi. I'm Bob Dunn. I'm the interim building director. Unfortunately I wasn't the guy that signed the TCO, but Mr. Halt (phonetic) was here then. And basically when you look at the Florida Building Code, the TCO is temporary, you know. It deals with -- the house doesn't have any violations like safety or welfare. The next step is the CO. Now, the CO is the -- is the area that really locks in that every ordinance has to be enforced, not only the Florida Building Code, but all the codes and ordinances of Collier County. So a CO won't be issued until the variances are issued. COMMISSIONER HENNING: But they could live in this place forever? MR. DUNN: We issue one-- COMMISSIONER HENNING: Maybe get a code enforcement fine or violation. MR. DUNN: Well, we have a limit on it for six months. I mean, Page 110 October 23-24, 2007 that's based on Mr. Schmitt advising that, you know, a TCO was issued for six months pending the outcome of meeting, and now they're going to have to go forth and request a variance. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: You just said before that somebody's been living with a TCO for two years; didn't I just hear that? MR. SCHMITT: That's correct. We had a situation -- what was the gentleman's name? MR. MUDD: Dowdy. MR. SCHMITT: Mr. Dowdy, the Dowdy variance. We had a-- he was in the house for almost two years and went through the vanance process. COMMISSIONER FIALA: So actually it isn't only six months; it can be extended? MR. SCHMITT: Once they apply -- they have to apply. That begins the process. Then it's -- it's staff doing the review and getting it before you, and we'll expedite that and get that forward to you. Now it's going to -- the burden's on the homeowner to submit -- submit for the proper variances. CHAIRMAN COLETTA: Okay. Commissioner, oh, Coyle. No, that's from before. Okay. So-- COMMISSIONER HENNING: We're done. CHAIRMAN COLETTA: We're done, no other direction; is that correct? Okay. Mr. Weigel, you're looking very perplexed. MR. WEIGEL: I do that a lot lately. Just to make sure, my understanding is that the board's motion and approval for an investigation was for county staff and/or the county manager to do that investigation. Mr. Coyle, I think, made the motion. COMMISSIONER HENNING: Y eah. You can't do the checks and balances if -- you can't have the fox watching the hen hound (sic). Page 111 October 23-24, 2007 It needs to be independent, and that's what the motion was. Motion maker is shaking his head. CHAIRMAN COLETTA: Any other questions? MR. WEIGEL: Well, shaking his head yes that-- COMMISSIONER COYLE: Yes. MR. WEIGEL: So that who is supposed to do the investigation? COMMISSIONER HENNING: You. MR. WEIGEL: Okay. All right. And to correct a prior statement, outside counsel is not doing the investigation on the Pebblebrooke matter. The county attorney was directed to do that investigation, and we're working on it. We look to bring a report back to the board prior to and ready for November 13th board meeting. CHAIRMAN COLETTA: Mr. Weigel, I thought the board instructed you to hire private counsel, didn't they? I mean, help me with this. MR. WEIGEL: I don't believe so. I explained -- I explained the uncomfort -- being uncomfortable in doing such an investigation, but I didn't hear or note any authorization to have outside counsel do that, so we're proceeding internally. COMMISSIONER HENNING: Mr. Chairman, I believe it was the assumption of the board, understanding, that it was going to be a law firm hired under the purview of the county attorney to do it. That was -- that was my understanding also. CHAIRMAN COLETTA: Yes. You were leading the particular direction, and I remember that being the direction that we gave. Now, maybe we didn't explicitly explain it, but I think we all understood it. MR. WEIGEL: Well, I apologize then. COMMISSIONER COYLE: Mr. Chairman, if! could, I wasn't here at that point in time. CHAIRMAN COLETTA: We know. COMMISSIONER COYLE: But I understand Mr. Weigel's reluctance to do that, that is to do it himself, and I agree with you, I Page 112 October 23-24, 2007 think it should be an impartial or independent review or investigation. So that probably would give Mr. Weigel some additional comfort in doing this, and it appears to coincide with the board's original intent anyway. So would you like to revise that guidance or make it clear that we would like to have an independent review? CHAIRMAN COLETTA: Commissioner Henning, you're the one that got the ball rolling on this before, so you want to restate it in as clear as possible a way you can? COMMISSIONER HENNING: Well, thank you. It was the understanding from the Board of County Commissioners that the county attorney use his outside counsel that has the ability to do this. Since it's the understanding of the board, the board gave direction through a motion to do so. So whatever work that you've done so far with Pebblebrooke, I wish you would confirm that with the outside counsel and also have the outside counsel take a look at this issue within Olde Cypress and that approval process. MR. WEIGEL: I will be happy to do that. We mayor may not be able to have the report on Pebblebrooke for the 13th, but we may have at least a partial report to you or the individual commissioners prior to the 13th in that regard. CHAIRMAN COLETTA: If I may, Mr. Weigel, I'm concerned about the report coming from your office. We were looking for somebody that has hands off. Now you represent, through your office, many of our own staff members. MR. WEIGEL: The staff and the board, that's correct. CHAIRMAN COLETTA: So how can we take that up and hold it up to public scrutiny saying we're also doing an investigation through the County Attorney's Office, but by the way, he's also representing other people within those departments. We need to keep this completely separate. I really don't want to hear it come from the Page 113 October 23-24,2007 County Attorney's Office. My own personal opinion. MR. WEIGEL: That's fine, of course. CHAIRMAN COLETTA: That's no -- meant negative or derogatory against you or your staff. MR. WEIGEL: Well, I'm -- quite frankly, I'm not concerned about internal ability to do it. The uncomfortable aspect is the fact that we work with these people and we work in positions of trust, you know, on a day-to-day basis for projects and everything else that works for the -- ultimately under the direction of the board. So it makes a difficult triangle there. But I appreciate the clarification today that's come out of this one, and we can provide what you're looking for, and we'll do it in as short order as we can, I can assure you that of. CHAIRMAN COLETTA: Okay. Any other instructions, questions regarding this? COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Okay. I think at this point we're adjourned. Let's make it back here at -- let's see. 12:30, 1 :30, a quarter to. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Quarter to two. COMMISSIONER COYLE: To one or two? CHAIRMAN COLETTA: Ifwe do it quarter of one, we've got about seven minutes. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Welcome back. Mr. Mudd, I believe our next item is our time certain for one o'clock. Item #8A Page 114 October 23-24, 2007 RESOLUTION OF DENIAL 2007-298 FOR PETITION CU-2005- AR-8748, ASHRAF FAWZY, REPRESENTED BY WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., REQUESTING A CONDITIONAL USE IN THE RURAL AGRICUL TURAL (A) ZONING DISTRICT TO EXCA V A TE IN EXCESS OF 4,000 CUBIC YARDS OF EARTH FOR AN AQUACUL TURE FACILITY IN THE AGRICULTURAL (A) ZONING DISTRICT, PER SECTION 2.04.03 TABLE 2 OF THE LAND DEVELOPMENT CODE (LDC). THE SUBJECT PROPERTY, CONSISTING OF APPROXIMATELY 15.08 ACRES, IS LOCATED AT 2060 TOBIAS STREET, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA - MOTION TO DENY - ADOPTED MR. MUDD: Yes, sir. This is 8A. This item -- this item is continued from the October 9,2007, meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition CU-2005-AR-8748, Ashraf Fawzy represented by Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., requesting approval of a conditional use in the rural agricultural A zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in the agricultural A zoning district per section 2.04.03, table 2, of the Land Development Code. The subject property, consisting of approximately 15.08 acres, is located at 2060 Tobias Street in Section 22, Township 49 south, Range 27 east, Collier County, Florida. And for clarification -- as was stated by Commissioner Coyle this morning, for clarification, yes, the excavation is in excess of 4,000 cubic yards, and I believe their total estimated amount is 300,000. CHAIRMAN COLETTA: Okay. Thank you, Mr. Mudd. Page 115 October 23-24, 2007 Would all those wishing to participate on this item, please stand at this time to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. And now for ex parte disclosures from our fellow commissioners, starting with Commissioner Henning. COMMISSIONER HENNING: I received an email from Lisa Resnick, a phone call from Steve Hackney, and that's it. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I met with the petitioner and his representatives, and I received an email from Silvia Difalco and from -- looks like Sharon Bumpinaur. And as I said, I met with the petitioner and his representatives. CHAIRMAN COLETTA: Thank you, Commissioner Fiala. I, myself, have received numerous emails, have had meetings and phone calls, and way too many to be able to read off to you here. And with that, we'll go to Commissioner Halas. COMMISSIONER FIALA: I had one more. I'm so sorry. CHAIRMAN COLETTA: I'm sorry. Go ahead. COMMISSIONER FIALA: And I spoke privately to staff a little bit and also to a couple people in the environmental community. Thank you. CHAIRMAN COLETTA: And I also spoke to staff, and my file's up here for anyone that wishes to see it. Commissioner Halas? COMMISSIONER HALAS: Thank you very much, Chairman. I met with the petitioner and also with the person that owns this piece of property. I've also talked with staff and I've talked with legal counsel in regards to this issue. It says I had received some emails, but I didn't see those emails, so obviously I'll say that there was emails that were also incorporated in this particular hearing. Thank you. CHAIRMAN COLETTA: Thank you, sir. Page 116 October 23-24,2007 Commissioner Coyle? COMMISSIONER COYLE: I feel left out. Nobody's talked with me, and I don't have any record of any emails.Idid talk with staff about the issue. But other than that, that's the extent of my discussion. CHAIRMAN COLETTA: Okay. Thank you. Mr. Mudd? MR. MUDD: Mr. Yovanovich, are you representing the petitioner? MR. YOV ANOVICH: Yes, sir. Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner. With me today is the petitioner, Ashraf Fawzy; Wayne Arnold, of Grady Minor & Associates; Mike Delate from Grady Minor & Associates; and Jeremy Sterk from Davidson Engineering, right? Before you today is a request to remove dirt from a piece of property. Mr. Fawzy owns a 15-acre parcel out in the North Belle Meade overlay area and is planning on building a fish farm, and aquaculture is a permitted using on the property today. And there's -- I think there's been some confusion about whether or not we're asking for the ability to do the fish farm today, which we're not because it's already a permitted use. We can dig the hole. What we can't do is we cannot remove the dirt -- because it's greater than 4,000 cubic yards per parcel-- without going through the conditional use process. And so we're here before you for a conditional use to remove dirt from the ground to implement the fish farm. The property, as I said, is in the North Belle Meade overlay. Mr. Fawzy already has the required license he needs to construct and operate the fish farm. We have gone to the Environmental Advisory Council, and they have recommended approval of the conditional use. We have met with the Frangipani Association, which is the neighborhood that we will be impacting while we remove the dirt from the land, and we Page 117 October 23-24, 2007 have entered into an agreement -- and it's dated November 1, 2006 -- for the use of their private roads because where this property is located, it's not on public roads. And I'll take you through briefly where it is, but -- and I spoke to Mr. Greg Bower yesterday, who was the person who signed this document on behalf of the association. He says the association still supports this. And what I told him, to give the association additional comfort, I would recommend that we attach this agreement to the conditional use so not only do they as an association have the ability to enforce the agreement, but the county would also have the ability to enforce the agreement as well because it would become a condition of the conditional use. The request is to remove 300,000 cubic yards of dirt from this property. And the way you get to the property -- do we have an exhibit that shows the -- all right, here we go. You would go down Golden Gate Boulevard to 10th Street Southwest, and then you would head south on 10th Street. And for a very brief period, you would get on Frangipani, and then you would take Dove Street to what has been called Fawzy, but I guess Bautista (phonetic) Agricultural Avenue, to another unnamed road that would take you directly to the property. Originally we had talked about using Tobias, which is -- it's a private road, but it's much -- it's been improved by your county staff to access utility well sites. But the neighbors didn't like the idea of us using Tobias because there were more residences on Tobias, more children on Tobias. So we worked out more access through the Frangipani Association, and they are -- again, we entered into an agreement with them for access. We have not heard any objections from our neighbors. There was -- recently Mr. Fawzy was out on site. The site is already cleared. The 15 acres was cleared pursuant to an ago clearing permit. Page 118 October 23-24, 2007 He was out there -- since he's allowed to remove 4,000 cubic yards from the three individual parcels, he was in the process of trying to get started. He -- because 4,000 cubic yards isn't very deep, he never did actually hit any rocks to stabilize the roads. So he tried to stabilize the roads through another means. That didn't work. Some of the neighbors became upset by that. He has gone out there and he has rectified that situation. He has stabilized the roads. I think we've addressed the neighbors' concerns, and that's why I spoke to Mr. Bower because he says we have an agreement. I said, Mr. Bower, I want to make sure that that agreement is part of the conditions so you'd never have to worry about having to enforce it yourself. You'll have -- you'll have the county behind you to enforce that agreement. So I think we have rectified that -- that situation. I'm not aware of any objections, other than one of the environmental representatives, Nancy Payton, attended the Planning Commission and objected. I don't think she's objecting to the aquaculture itself. I know Nancy can speak for herself, but it's the removal of the fill. I think she'd like to have the fill stay there in case the aquiculture operation ever ceases. There was some discussion about, were we going to be improving the roads beyond what's already there. We're not improving the roads beyond what's already there. We will stabilize them for the people who are living on those roads anyway. So the only objections I've heard really are, is the concern that we were somehow going to expand the roads that are already out there beyond what they currently are, and the removal of the dirt. We have met all of the conditions of the conditional use application. Your staff is recommending approval of the conditional use. We deadlocked at the Planning Commission. We spent a lot of time at the Planning Commission discussing the actual fish operations, the digging of the lake. We spent very little time on the actual removal Page 119 October 23-24, 2007 of the dirt. I think we persuaded the Planning Commission that Mr. Fawzy knows what he's doing. He does intend to operate this as a fish farm. We have offered -- and I see it as one of your staff conditions -- that Mr. Fawzy not be allowed to withdraw any of the revenue from the removal of the fill other than to reimburse himself for expenses incurred in constructing the fish farm to show you all in good faith that he really does want to be a fish farm. I think there were some people on the Planning Commission and there's some people in the general public that think this is a ruse. I've heard people say to me, this is nothing but another Jesse Hardy situation. This is nothing -- this isn't anything further from a Jesse Hardy situation. And when Wayne and I got involved in this, I said to Mr. Fawzy -- because that was fresh in my mind -- how do I prove to the commission that this is not just a fill pit? And we came to the thought that if we put all the money in escrow, we reimburse him for expenses, we get up and running, and then ifthere's any money left over at the end of the day, he can have the money. Ifthere's not any money left over at the day (sic), then he's covered his expenses to build the fish farm, which is originally what he intended to do anyway. So I think we were able to persuade the Planning Commission that this is really a fish farm and not a fill operation. Our neighbors are not objecting to this. Fish farming is a use on the property. We believe we've met all the criteria to be granted the conditional use, and we're requesting that you follow your EAC's recommendation, which was to recommend approval of the fish -- of the conditional use. And with that, I'll end my presentation. We're available to answer any questions you may have regarding the operations of the removal of the dirt for the fish farm, if the commission feels like we need to get Page 120 October 23-24, 2007 into those discussion. CHAIRMAN COLETTA: Okay. Before we go to the commissioners, I just want to remind anyone that hasn't been through this process before with us, if you wish to speak on the subject, there's speaker slips out in the hallway. Normally we require you to have them filled out to turn in before the subject is brought up, but I'll allow you, if you still want to talk about the subject before the commission, you have three minutes to do so. If you go out and fill out one of those slips there and turn it in to Sue Filson over here at the desk -- Sue, please raise your hand way up so they can see you -- we'll be more than happy to put you on the speaking agenda. COMMISSIONER HALAS: Chairman, you also have to have them sworn in, too. CHAIRMAN COLETTA: That's correct, if you haven't been sworn in yet and you want to speak, just before that time that we call up the speakers, we'll give you an opportunity to stand at that time and be sworn in. Thank you very much, Commissioner Halas. And with that, we're going to go to Commissioner Henning, then Commissioner Coyle for questions ofMr. Yovanovich. COMMISSIONER HENNING: Mr. Y ovanovich, what has taken place on the property now? I'm unclear. MR. YOV ANOVICH: That's closer in view. This is not -- this is January '07. Since January of'07, we've gotten the ago clearing permit for the property, so the 15 acres has, in fact, been cleared pursuant to the ago clearing permit. COMMISSIONER HENNING: Was those -- that was vegetation hauled off site? MR. YOV ANOVICH: No, it was left on site, and it will be burned. COMMISSIONER HENNING: Okay. You know, I'm confused. Page 121 October 23-24, 2007 Some of the residents down there seen a lot of extensive truck traffic going in and out of the property. Is it going to this site for activities? MR. YOV ANOVICH: I don't know what you're referring to as far as extensive. We have had trucks going to the site to do the clearing. We have also had the -- an excavator come out to the site and remove a little bit of fill but also do some digging on site but not removing beyond the legal limit of the 4,000 cubic yards. There's three parcels, and we actually haven't removed all of what we could because we realized we were having problems stabilizing the road. So we stopped, we have since stabilized the road, and will not remove anything further until we get through this process. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Mr. Y ovanovich, you said something about taking all the revenues and escrowing them. MR. YOV ANOVICH: Yes, sir. COMMISSIONER COYLE: The staff has mentioned the profits from the excavation would be escrowed. Are we talking about revenues or are we talking about profits? MR. YOV ANOVICH: We were going to put all of it, every dime we received, all the revenue, in an escrow account; whoever the escrow agent would be would then pay the bills. COMMISSIONER COYLE: I'll volunteer. MR. YOV ANOVICH: I was hoping you would because I didn't want it. But they would then pay the costs for permitting to date from those revenues and the costs to excavate the ponds to buy the cages needed for the operation, and all the other operations out of that, we would get up and running, and if there was any money left at the end of the day, then that money could be released to Mr. Fawzy. We didn't want people to think that he was just going to go ahead and, you know, dig a hole and run away with the money and never build the fish farm. Page 122 October 23-24, 2007 COMMISSIONER COYLE: What happens if we get to that point and all of the rock, or the excavation material, has been removed from this site -- MR. YOV ANOVICH: Yes, sir. COMMISSIONER COYLE: -- and the escrow agent is holding all of the money associated with that and then something happens beyond Mr. Fawzy's control that says, you know, you can't do this, or you can't make a go of it, it's a failure, or there's no market or something of that nature; what happens under those circumstances? We've got a big hole in the ground, and we've got an escrow agent holding Mr. Fawzy's money. How do you solve problems like that? MR. YOV ANOVICH: Well, presumably, ifhe's up and running, he's got a business plan that shows he's going to make money. You're right, it may happen that for whatever reason he doesn't make money, but that's the same situation whether he removes the fill or not. You're still going to have the hole in the ground. It makes no sense to then pay someone else to come onto the dirt and fill that hole in. That's just another expense that you would have to pay to fill in the hole. Why would Mr. Fawzy then spend the money to fill in the hole? And in fact, the hole serves a purpose. It actually will help from -- with water management out in the area because it will be another place to hold water that you're having flooding issues out in that area anyway. So that hole will actually serve a water management purpose even if the fill is removed. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I have the same concerns as Commissioner Coyle does if somebody's holding the proceeds for the selling of this dirt and that's what's going to take place here, and the fish farm fails, then are we going to take those proceeds and fill the Page 123 October 23-24, 2007 hole back up? Because this is sending lands, is what we have here. MR. YOV ANOVICH: Right. You see -- and we keep -- we're getting back into the issue of, is the fish farm an allowed use under the Comprehensive Plan and the Land Development Code, and the answer's yes, okay. So the digging of the hole can occur. We don't have enough area to store the fill on site to make this a profitable venture. He's going to have -- he needs enough lake area to have enough fish to make it work, so he's got to remove the fill. If he could store the fill on site, he could still dig the hole, so you're still going to have the fish farm there regardless. And whether it fails or not, there's no guarantees that any body's going to come along and just push that dirt back into the hole. COMMISSIONER HALAS: How many fish farms do we have like this in South Florida that are out in the middle of nowhere and somebody has an aquaculture where it's a gravel pit? MR. YOV ANOVICH: I have no idea. COMMISSIONER HALAS: No? Okay. MR. YOV ANOVICH: I have no idea. And what I'm trying to do and what Mr. Fawzy's trying to do is provide assurance that you're not getting a gravel pit. You're getting a fish farm, and that's why he's willing to put all the money in an escrow account. COMMISSIONER HALAS: It's interesting. I did some research over the weekend, and it's kind of unusual that I do any research over the weekend. But basically this is from the Southern Regional Aquicultural Center, and they're basically saying that because of the small size of five to 20 acres, many catfish farms, these businesses have high production costs compared to the more efficient farms of 50 acres or greater located in leading catfish producing states. The large efficient farms are in Mississippi, Alabama, Arkansas, and Louisiana. It doesn't say anything about being in Florida. And yet they're saying that anything under 20 acres is basically an area Page 124 October 23-24, 2007 where there's high production costs, and I don't think he's got a market that he can sell these to immediately, a clearinghouse or a fishing place to sell his product. The other thing that I'm concerned about is, this parcel is basically located in a water area. It's a W3 groundwater protection zone. And I think under policy 3.1.1.3, Conservation/Coastal Management Element, states that such zones conditional uses shall be granted only in extraordinary circumstances and where impacts of the development will be isolated from the aquifers. I can't find where this is an extraordinary circumstance here. MR. ARNOLD: Hi. I'm Wayne Arnold. I'll try to take a shot at answering that. That was brought up at the Planning Commission hearing, and I think your executive summary mentions that as well in the findings, and your staff concluded that, one, that the extraordinary circumstances are for those uses that require conditional use under your well field protection zone standards in the LDC, not general conditional uses in the agricultural zoning district. The other thing I would offer to that is that the other earth mines that you have authorized in this area are within the same wellfield protection zone, and those are much, much deeper and much larger operations than we're proposing. COMMISSIONER HALAS: But my concern is, the -- as you raise fish in here, the effluent effect of what the fish leave behind may have effect with our water -- with the groundwater table in this area, and I have some real concerns about that, plus this is basically being located in a NRP A area. And why do we want to dig another hole, and if something fails, then all we have is a big open hole in a NRP A area? MR. ARNOLD: Well, I guess the short answer to that is, your Comprehensive Plan allows the farming operation to be there, and you don't regulate -- if this were a cattle pond or some sort, you wouldn't be regulating that. Page 125 October 23-24, 2007 The real issue -- and this is something we've struggled with from day one. The real issue is hauling more than 4,000 cubic yards of dirt off of the property. It's a very unique conditional use that you have in your code because you're allowed by right to take, in this case, 12,000 cubic yards off of the entire site. To do more than that, we need to ask your permission to do that, and look at the impacts of the dirt removal related to the criteria for conditional uses. And we believe we've satisfied those. I think the EAC had a very healthy and lengthy debate about the same issues of water quality, et cetera, and they found there to be no concerns due to the operational characteristics of the facility. And I think, as Rich pointed out, we got into a lot of operational discussions that really aren't germane to the conditional use request. I understand they're obviously related, but the real request is the removal of more than 4,000 cubic yards of dirt off the site. MR. YOV ANOVICH: And to get to water quality issues, there are best management practices that we must follow that have been adopted by the state that address every one of those concerns. There's a limitation on the amount of fish we can have in the lake to make sure that the quality is appropriate, it doesn't hurt the groundwater. So all of that is regulated by the state through best management practices, and we'll have to meet all of those, and we spent a lot of time with the EAC addressing that, and they were all comfortable we didn't pose any threat to the groundwater or anybody else. CHAIRMAN COLETTA: Let's go to Commissioner Fiala, then we'll come back to you, sir, if you should have more. COMMISSIONER HALAS: All done. COMMISSIONER FIALA: Well, I had a number of questions, one of them was in direct relationship to Commissioner Halas's. I wanted to know how this would affect the wells in the area being that everybody's on a well. MR. YOV ANOVICH: Well, we don't -- the closest residence to Page 126 October 23-24, 2007 us is 3,000 feet, so -- COMMISSIONER FIALA: Yeah, I know that. MR. YOV ANOVICH: -- we're not going to have any impact on their wells and we're not going to have any issues. COMMISSIONER FIALA: No impact on the aquifer, you're saying? MR. YOV ANOVICH: No, nope. COMMISSIONER FIALA: It said in here that we were supposed to get a report about the Big Cypress fox squirrel, and we never saw a report, but now they've already cleared the land without a report even coming here to us. Where is that report? MR. YOV ANOVICH: We cleared pursuant to the ago clearing permit that was issued by your staff, so we got -- COMMISSIONER FIALA: Where is the report? MR. YOV ANOVICH: It was given to staff. Jeremy prepared it, and he can tell you. He can address that. MR. STERK: Jeremy Sterk, Davidson Engineering. Yes, a preconstruction or pre-clearing fox squirrel survey was done, and the results of that were given to the staff. COMMISSIONER FIALA: What were the results? MR. STERK: None were found. COMMISSIONER FIALA: Okay. There were -- it also mentioned panthers and listed species, and we'll get into that later on, I'm sure. But how deep are you digging? MR. YOV ANOVICH: Twenty feet. COMMISSIONER FIALA: Twenty feet. How deep does the lake need to be to grow native fish? MR. YOV ANOVICH: Well, we're doing it in cages, and we're-- COMMISSIONER FIALA: Yes, I know, and a thousand fish per cage, right? MR. YOV ANOVICH: Yeah, the cage is 10 feet, okay. So with the fluxation of the water during the dry season and the wet season, Page 127 October 23-24, 2007 during the dry season we'd have about 12 feet of water in that 20-foot lake. So we need -- that's why we need to go 20 feet because of the lO-foot cage, to have adequate water within the -- within the cages for the fish to grow and flourish. COMMISSIONER FIALA: Now, all of the stipulations that I find in here, including the roads and no dust on them, et cetera, et cetera, say, for instance, Mr. Fawzy decides he wants to sell the property, whether it be halfway through or tomorrow, I would like to state on the record that all of these stipulations must follow with the land. MR. YOV ANOVICH: And that's why I suggested adding those stipulations to the conditional use so there could be no questions that someone says, well, that was Mr. Fawzy's agreement. I bought the land and I don't have to live up to that. It's going to be part of the conditional use so that nobody -- no successor can hide from those obligations. CHAIRMAN COLETTA: Okay. And now -- thank you. I do have some questions myself. We've heard numerous discussions -- and I know the Planning Commission, especially Mark Strain, was very, very concerned about the possibility of fish feces -- I said that right -- contaminating -- COMMISSIONER HENNING: It's fish poo. CHAIRMAN COLETTA: Okay. I'll use the -- Commissioner Henning's description. COMMISSIONER FIALA: No, no, no. CHAIRMAN COLETTA: No, fish feces. Okay, Commissioner Fiala overruled him, which is good. Going back to that, I know this has been really a bone of contention, and I know that at some point in time in the past we talked about a related subject, human waste and how it's handled and what the impact was to the canals and also eventually Naples Bay. I remember the discussions many times, and at that point in time Page 128 October 23-24, 2007 I remember we called on Dr. Colfer to be able to offer some opinions on this. And I know you've already got a finding from water management, but I was wondering -- I don't know if you were here for this reason or not, Dr. Colfer. DR. COLFER: No, but I'm happy to help you if! can. CHAIRMAN COLETTA: Would you mind talking about this or testifying on this. COMMISSIONER FIALA: She's not sworn in. CHAIRMAN COLETTA: Yes. You heard the discussion. There's considerable concern over this farming operation -- and we'll have to swear you in if you haven't been at this time. I don't think you have been. But before you do, is there anybody else in the audience that's come in since we started that wants to participate in this by giving public testimony, I'll need you to also stand. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay, thank you. MS. FILSON: That gentleman's not registered to speak, so he may want to register. CHAIRMAN COLETTA: That's okay. It was good practice. Dr. Colfer, what is your particular spin on this? In other words, you're going to have a lake that's 20 feet deep, the confining layer is probably another, what, 20 feet down below that. You're going to have a commercial operation that's going to probably generate a sufficient amount of fish feces. COMMISSIONER HENNING: Poo. CHAIRMAN COLETTA: Is there any -- is there a possibility that this could be detrimental to the aquifer? DR. COLFER: Well, we'd have to know which aquifer he's-- you know, would be -- where the confining layer was and which aquifer he was going into. So you're concerned about the fish feces, not any human feces associated with the project -- Page 129 October 23-24, 2007 CHAIRMAN COLETTA: That's correct. DR. COLFER: -- is that correct? We don't build septic systems for fish feces. So I mean, it would go where it was going to go, which is, you know, seep into the land. You know, now usually there's some filtration that goes on when it does that. But we haven't had a chance to really look at this. I'd have to take it back to staff. Can't help you today. CHAIRMAN COLETTA: I just thought I'd ask because I always consider you the expert on all these things. Meanwhile, going back to Mr. Y ovanovich. Who was it that made a determination on this? What agency ruled on this already on this particular issue? Because this is a big issue for the people that live out there, and also the people inland, too, that depend on this for their water source. MR. YOV ANOVICH: We go to the Florida Department of agriculture, and they are the ones who issue the license, and they also are the ones who issue this nice thick document entitled "Aquaculture, Best Management Practices and Rules." So they have adopted very specific guidelines as to how you dig the lake, how many fish can be in the lake, to make sure that there is not overabundance of feces or poop. COMMISSIONER HENNING: Poo. MR. YOV ANOVICH: Poo? COMMISSIONER HENNING: Poo. MR. YOV ANOVICH: Poo -- in the water to find its way into the groundwater. So there are very specific regulations. And we spoke about that in great detail at both the Planning Commission and the EAC, and I don't think any of them at the end of the day -- well, the EAC certainly wouldn't have recommended approval if they had concerns about that. CHAIRMAN COLETTA: Well, in getting right down to it, the thing you're before us for today is not to dig the ponds and not the Page 130 October 23-24, 2007 clearing of the land and not the ability to be able to do what the law allows you to do, which is guaranteed to you under the Right to Farm Act. You're here today to get a permit to be able to transport the fill off site. MR. YOV ANOVICH: Correct. CHAIRMAN COLETTA: And you met with, I hope, all the local people that were there. You've seeked out the advice and reached an agreement with the Frangipani Property Owners Association, and that's all good -- all well and good, but there's some things that still concern me. When you're going to transport the fill off site, you're going to be affecting people as far as the wear and tear on the roads. Now, I know you pay a gas tax and all that type of stuff, and I know we're kind of limited what we can do as far as fees and all that, but there's a couple of things. One, the fill you're going to take off the road -- now, you say stabilize the road. Now, you know, you say not improve it, stabilize it. Now I'm really confused because I thought the people out there that were going to own property along these roads were going to get a direct benefit from your operation with a better road than they started off with. MR. YOV ANOVICH: And they are. If you've driven out there -- and I don't know if you have. I've only been out there once, and it's very sandy. The rains come, those roads wash out. What we'll be doing is putting a -- basically putting the limerock base out there so that there won't be wash-outs. CHAIRMAN COLETTA: Okay. So you are improving the roads? MR. YOV ANOVICH: Yes. We are not widening the road. We are improving the quality of the road as it currently exists in its configuration. CHAIRMAN COLETTA: Now, let's go back to the width of the road. Generally these roads that go through the properties out there __ Page 131 October 23-24, 2007 and they just go through the sand -- and they're various widths. I mean, I've seen before they tried to avoid a pothole in the road and they'll -- suddenly the road will grow on the right or the left to a tremendous width. Now, when you get all done, is the road you're going to build going to be of sufficient size to be able to accommodate these trucks going one direction and private vehicles or trucks going in the other direction? MR. YOV ANOVICH: We will have to coordinate our own trucks to make sure there -- it will be -- the answer to your question is, we're going to have to coordinate those efforts, and we've worked with the neighbors on that. It's not going to be two-lanes width -- in width to allow trucks to go by. We're going to have to -- one truck's going to have to stop, wait for another truck to pass by, and then come forward. CHAIRMAN COLETTA: Is there sufficient space there to put in two lanes? Are you kind -- are you prohibited by some law? MR. YOV ANOVICH: One of the objections we've heard loud and clear from the environmental groups is, we don't want you to make this wider. Is there space to make it wider? Yes. But in deference to their concerns, we have agreed to leave it -_ CHAIRMAN COLETTA: So what we're going to have is a situation that will hold one truck at a time with some pull-offs along the way for trucks coming in, going out -- MR. YOV ANOVICH: Right. CHAIRMAN COLETTA: -- to be able to move to one side or the other. How is this situation compared to what already exists? MR. YOV ANOVICH: They probably deal with that now, you know, with what's out there. They're not very wide roads. CHAIRMAN COLETTA: I'm just trying to see what the benefit is, and I'm having -- I'm sorry. COMMISSIONER FIALA: Nick Casalanguida might have something to add. Page 132 October 23-24, 2007 CHAIRMAN COLETTA: Yes, Nick. I'm sorry I wasn't -- I wish I noticed you back there. MR. YOV ANOVICH: We're talking about the private roads now, correct, Commissioner? CHAIRMAN COLETTA: I'm talking about private roads. MR. YOV ANOVICH: Okay. MR. CASALANGUIDA: How you are? For the record, Nick Casalanguida, Transportation. On the monitor you can see that down to the site there isn't any homes for a certain amount. A recommendation might be where the first residential house is, out to the private roads, that they maintain it approximately 20 feet wide with about six inches of limerock base rock, and that way there is sufficient width for people who live in that area to benefit from that road, but you wouldn't be expanding the road farther south to the project. CHAIRMAN COLETTA: I hear what you're saying, but I also hear the underlying current here that we're not going to do anything to encourage anyone else to be able to build in that area whether they have property or not. And this has been an attitude that I've never agreed with the conservation movement. They've basically bankrupt a lot of people and drove them out of the southern Estates with the particular attitude of steath (sic) of land. Through denial of the services, the property went down to nothing in value, and people were able to pick it up on the tax sale, and I'll never be a part of that. I never was and I never will be again. So if we're going to do anything to benefit these people, I don't care what the conservationists say in this particular thing. I'm here for the dam people that live out there and own the land. I want to see some sort of benefit that's going to benefit these people. You can play footsies with them all day long, but you still have to deal with me. I'm sorry. Did I get a little rambunctious there? MR. YOV ANOVICH: No, no, and we certainly __ Page 133 October 23-24, 2007 COMMISSIONER FIALA: Yes. MR. YOV ANOVICH: We don't have any objections to what you're saying. What we are trying to do is balance the concerns we were hearing from the environmental groups. We don't have an objection to doing exactly what Nick said, 20 feet in width, making sure the roads are stabilized, and if that -- if that's what it takes to benefit the property owners -- because remember, this is a temporary use. CHAIRMAN COLETTA: Right. MR. YOV ANOVICH: In 18 months we're done. I mean, we're in and out and you'll have a fish farm, you know. And that's -- and there'll be no -- virtually no traffic related to the fish farm, a car or two a day. So we don't have any objections to doing what you're requesting, but I'm having a little trouble balancing, you know, what others are saying or are reasons for you to tell us no. CHAIRMAN COLETTA: I understand, Mr. Yovanovich. Now, there's another question, too. I realize this is a limited operation and I realize also the intent is just to be able to move the dirt off the property, that it is going to generate a profit, which is fine. I mean, that's the American way, you know; you benefit from the use of your land in some way. However, with that said, we've had a couple of instances now where we've had actual pits go into place, and in order to compensate the county for the county roads that they're on, there was a certain fee that the developer agreed to pay per load. I'm not too sure what it was. Four dollars? MS. ZONE: One. CHAIRMAN COLETTA: Well, I thought I'd give it a try. Okay. You already know the answer. MR. YOV ANOVICH: I don't know the exact answer. I know it's not that. Page 134 October 23-24, 2007 CHAIRMAN COLETTA: You gave some thought to this, you know, that you are going to -- you are going to take and you're going to impact some of those rural roads that are in pretty dismal condition the way it is. What can we do to be able to come up with something that would help to compensate us? We're going through a very tough time budget-wise trying to cover our backside on these roads. MR. YOV ANOVICH: Didn't Florida Rock give like 50 cents a truck or something? CHAIRMAN COLETTA: That was the old dollar, the old money. Now inflation's taken place since -- MR. YOV ANOVICH: So you already knew the answer to the question. CHAIRMAN COLETTA: I don't know. Mr. -- Nick, you got a MR. YOV ANOVICH: Is it a dollar a truck, Nick? MR. CASALANGUIDA: It was a dollar a truck. COMMISSIONER FIALA: It was a buck a truck. MR. YOV ANOVICH: A dollar a truck? CHAIRMAN COLETTA: A dollar a truck? COMMISSIONER FIALA: Buck a truck. MR. YOV ANOVICH: I actually wasn't prepared for that question, but I was just told a dollar a truck. If that's what Florida Rock did -- MR. CASALANGUIDA: Ten dollars a truck. MR. YOV ANOVICH: No. COMMISSIONER FIALA: The theme is a buck a truck. MR. YOV ANOVICH: Buck a truck. MR. CASALANGUIDA: And we've spoken to Tindale Oliver, our impact fee consultant. He said there is justification of that because they don't pay impact fees, and we'll be bringing that to the board in the next six months, so we'll have an actual impact fee ordinance that applies to that heavy vehicle surcharge that comes forward. Page 135 October 23-24, 2007 CHAIRMAN COLETTA: Yeah. But in lieu of the fact that we haven't approved of that yet, can we have something that would be able to weigh in if we don't approve it? MR. YOV ANOVICH: Yeah. And if you come up with another fee, can I have a credit for the dollar a truck that I'm paying? CHAIRMAN COLETTA: Sure, I don't have a problem. Of course it's got to be a decision made by more than one commissioner, but at least we got the subject -- we broached the subject and we can go forward from there. So, you know, I'm going to have to listen to everybody's testimony out there, the people that own land, the people that already have residence out there. I'm going to be listening very carefully to what they have to say. I've got a feeling that if this is done right, there's going to be a net benefit with the fact that this only is going to go for how many months again? COMMISSIONER FIALA: Eighteen. CHAIRMAN COLETTA: Eighteen months? MR. YOV ANOVICH: You've capped us at 18 months. CHAIRMAN COLETTA: Yeah. So I mean the --if they can get a benefit in relation to the amount of time they have to endure what's going to take place, there may be something here that can be offered. I've taken enough time. I'm going to go to Commissioner __ who's next? You've been watching, haven't you? Commissioner Fiala, then Commissioner-- COMMISSIONER FIALA: No, I went before. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah, just to cut to the chase here. I have some real concerns where this mine is -- where you want to put this fish farm. And I think it's located in the wrong area. It's in a sending area. It's in a NRP A sending area. And I have some concerns about our groundwater in regards to contamination offish feces, okay, if this thing continues on, and I feel that water is a very precious Page 136 October 23-24, 2007 resource for this county. So and -- that's under policy 3.1.1.3 Conservation/Coastal Management Element. And I don't believe, as I said earlier, that this is an extraordinary circumstance whereby this needs to go any further as far as a conditional use, so that's where I stand on this. CHAIRMAN COLETTA: And since I don't have another light on, I'm going to take it next. Mr. Weigel? MR. WEIGEL: No, I'm just looking your way. CHAIRMAN COLETTA: No, I know you are, sir, but I'm looking at you. MR. WEIGEL: Okay. CHAIRMAN COLETTA: You just heard Commissioner Halas and his concern and his reason why, for rejection. Being that we have no authority over farming, would that be -- have legal justifications? Are we leaving ourselves open for some legal action afterwards, if we refused it based upon an element that was not up for consideration today? MR. KLATZKOW: There's a distinction to be made between the farming and the excavation. I think they're two separate things. The petitioner keeps saying that what we're doing here is farming and we need the excavation to get there, but you can look at it as, no, what you're doing is you're asking us -- you need to excavate first, and then when you're done with the excavation, you can farm. And if this area is such that it's located in a place that you cannot excavate, all right, then you cannot get the fish farm. Do you follow me? CHAIRMAN COLETTA: No. MR. KLATZKOW: Okay. He's allowed to do agriculture. He can put up row crops if he wants, he can put up -- CHAIRMAN COLETTA: Right. MR. KLATZKOW: -- whatever he wants here. Page 137 October 23-24, 2007 CHAIRMAN COLETTA: Right. MR. KLATZKOW: What he's saying though, what I want to do is I want to dig a hole and put fish in there. CHAIRMAN COLETTA: Yep. MR. KLATZKOW: Okay. But there's an argument to be made that under the Comprehensive Plan, you cannot put -- you cannot excavate in this area, so he can't get to his fish farm because he can't excavate. CHAIRMAN COLETTA: But is that what we have for consideration today, the excavation or the -- MR. KLATZKOW: That's part of it, yes. CHAIRMAN COLETTA: Okay, fine. That was my misunderstanding. I thought the only thing we were able to consider was the transporting of fill off site. MR. KLATZKOW: No. I think -- I think you need to look at the whole thing. CHAIRMAN COLETTA: Okay, thank you. That's what I needed. Okay. Okay. We-- MR. YOV ANOVICH: Well, if! may. I find it -- it's interesting. Sorry, I got distracted. What I find interesting is the county attorney is saying that I need to move the dirt to get my excavation. Well, I need to move the trees as well, and there's no regulation at all in the county. If! wanted to -- if! wanted to remove the trees off site and take them somewhere else, I don't need any approval from the county to prep the land for the fish farm. So if I want to remove the trees, I dig the hole and I stockpile all the fill. I can dig the hole, stockpile the fill, and I'm not regulated by the county. It's only because the county won't let me -- they'll let me remove trees by truck, but they won't let me remove the dirt by truck that now I am stuck in this situation. And it's not a Compo Plan issue; it's a Page 138 October 23-24, 2007 Land Development Code. Because the Compo Plan doesn't -- isn't sending me here. It's the Land Development Code that's sending me here. So under the Compo Plan, we have every right to dig the fish pond. It's the removal of the fill and it's the county's regulation on the removal of the fill that's prohibiting the farming operation, because he cannot dig the aquiculturallake without the county's blessing, and quite honestly, I'm not even sure the county can do that under the Right to Farm Act. But we're so far along in the process that we may as well take it to the end to see if the county will address that situation and grant him the right to remove the fill. So I think the issue today is, it's not whether we can dig the hole. We clearly can do that. County can't stop us from digging the hole. It's, can we remove the dirt? And we've met the criteria for the removal of the dirt. And I think we should focus on that because there's no testimony to the contrary about the removal of the dirt, and we seem to be getting into the operations of the hole, because we can dig the -- we can dig the lake. CHAIRMAN COLETTA: Okay. Thank you. I don't see any other lights, so why don't we do this, we'll have staff make their presentation and then go to the speakers. And we'll probably call you back later, Mr. Y ovanovich. MR. MOSS: Good afternoon, Commissioners. John David Moss, Department of Zoning and Land Development Review. The proposed excavation as conditioned is consistent with the GMP and the LDC. The NRP A overlay area does permit excavation as an accessory use if it's a conditional use. They're also allowed to remove 4,000 cubic yards of fill from the site. It's going over that threshold that is requiring them to get this conditional use. So if they wanted to stockpile it on the site, they wouldn't need this CU to do that. Page 139 October 23-24, 2007 I would also like to mention that the Environmental Advisory Council heard this petition on June 6, 2007, and unanimously recommended approval subject to the conditions which have been incorporated into the conditions of approval attached to your resolution in the executive summary. The CCPC heard this petition on August 7th -- excuse me -- August 2, 2007, and voted 4-4 to forward the petition without any recommendation of approval, and the commission members who were opposed to the application denied it for six reasons. First they asserted that the sending lands do not permit excavation; however, it's staffs opinion that the sending lands do permit aquaculture and the excavation is necessary for the creation of the proposed aquaculture facility. Number two, that it was inconsistent with policy 3.1.1.3 of the Conservation and Coastal Management Element of the GMP, which states that continual uses should only be granted in extraordinary circumstances. The CCP (sic) felt that this was not an extraordinary circumstance; however, it's staffs position that this provision was inaccurately applied since the policy does not concern all conditional uses, only these conditional uses that are referred to in policy 3.1.1 G and H, of which excavation is not mentioned. Number three, inconsistency with policies 1.2 and 2.3 of the natural groundwater aquifer recharge subelement -- of the public facilities element which require the protection of recharge areas from activities that could degrade the quality of groundwater as provided in policy 3.1.1. Again, the proposed conditional uses for an excavation which, as mentioned, was not a use cited in policy 3.1.1. Furthermore, the excavation is necessary to enable the permitted aquicultural use. The fourth reason was its inconsistency with the North Belle Meade overlay requirements of the future land use element, which require that any new roads within the sending lands be designated -- or excuse me -- be designed with aquatic species crossings, small Page 140 October 23-24, 2007 terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. And staff has addressed that issue by including a development condition in the development condition attachment to the resolution requiring that they provide the requisite wildlife crossings. The fifth one was the location of the project within the panther primary merit zone, and the Florida Fish and Wildlife Conservation Commission has stated that the project is not likely to affect the Florida panther; nevertheless, staff has included the condition that the applicant be required to seek consultation for mitigation from wildlife agencies before the first development order. And finally, there was uncertainty about the applicant's degree of commitment to actually construct an aquaculture facility, and as previously mentioned, the applicant at the Planning Commission hearing offered to escrow the funds generated from the excavation into an escrow account. They didn't specify who would be the holder of the funds and, of course, because the details haven't been worked out, this hasn't been incorporated into the development conditions before you. It's -- at this point it's still just an idea. And that's all I have. Thank you. CHAIRMAN COLETTA: Thank you. Stand by for questions in the near future. At this point in time we're going to go to the speakers. How many do we have, Ms. Filson? MS. FILSON: I have three speakers, sir. First is Nancy Payton. She'll be followed by Brad Cornell. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation. We're opposed to the conditional use permit that's under discussion today. There are only two aquaculture operations that I've been able to determine have been proposed in Collier County. One was Jesse Hardy's, that was in sending land; and now the petition that you have Page 141 October 23-24, 2007 before you today that is sending land, which I find a coincidence that these aquaculture operations only seem to be able to make a go of it in sending lands. I say once a philosopher, twice a fool. I agreed to allow Jesse Hardy to go forward under certain circumstance. He didn't honor them. I'm not going to do that again today. Mr. Fawzy bought this property in 2005 after the rural fringe overlay was adopted. He knew what was allowed or should not be allowed in that area. Yes, aquaculture is allowed, but you don't have to be an enabler. You don't have to approve the mining operation that's going to take place for 18 months. And he can store -- he can dig a pit and store on site or remove 4,000 cubic yards, I guess it is, and he can operate his operation in that manner. He doesn't have to have a lake that's almost nine acres. That's the issue here is the size of the lake, because he needs to haul it off site to get the size lake that he wants or the fill that he wants. Today is about a conditional use to haul up to 20,000 truckloads offill through Northern Golden Gate Estates, or that's 40,000 trips through sending land, NRP A land, designated for panther and other listed species habitat protection. That was a result of a challenge to your Comprehensive Plan that said, Collier County, you are not doing enough to protect the Florida panther and other wildlife habitat. I urge you to deny the conditional use on compatibility issues. This is sending land, NRP A land. Building a new road to accommodate 40,000 trucks is not compatible, and we worry about the cumulative and secondary impacts of building that road and what it should bring. And I think you do have to take that into consideration in a compatibility issue. If denied, Mr. Fawzy can still dig his pond, but he will just have to store on site, and that's the way it is. And it's sending land. It should be protected, and I think you have to be strong about sending the message that NRP A and sending land, they're not ways to Page 142 October 23-24, 2007 circumvented those protections. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Brad Cornell. He'll be followed by Greg Bower. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society. I want to raise the issue that the county has a strong obligation to protect listed species under the Federal Endangered Species Act. It's an obligation that we also share with the state rules of protecting listed speCIes. Weare concerned about impacts to Red-cockaded woodpeckers, Big Cypress fox squirrel, wood storks, and panthers and gopher tortoises. I know the site has now been cleared, and I think that's unfortunate. It was predominantly slash pine, flat woods, and certainly was feasible to restore to usage by many of these species. I'm also concerned -- Collier County Audubon Society is concerned that this is mining masquerading as agriculture. It just doesn't make sense, and I agree with Ms. Payton's comments regarding that. I also do believe that this undoes the purposes of the North Belle Meade overlay and the sending category that it's in. It just doesn't make sense to be digging holes in natural resource protection areas and sending lands. And I want to point out something about groundwaters. When you dig a hole in the ground, you expose the groundwater. That increases your evaporation rate. I think it makes logical sense, and there's actually a St. Johns River Water Management District document that points out that there is a 10 -- at least in that water management district, there's a lO-inch loss of recharge when you expose groundwater to air because of evaporation. It's hot, it's sunny, Page 143 October 23-24, 2007 there aren't any -- obviously any more trees on this lot, and that's going to be a big impact to groundwater levels. They're going to be lowered correspondingly. I believe that actually the impact's greater here in South Florida than it is in St. Johns River Water Management District, but I don't know what those figures are. Also, I want to point out the 20-foot deep lakes pose the risk of off-site wetland impact due to buried shell beds. This is a feature of our former being under the sea. There are shell beds throughout the landscape buried, and no one knows where they are until you dig through them, and that -- if they're connected to wetlands, which typically they are, you can drain a wetland because you're lowing groundwater levels in the hole that you're digging, and that would impact wetland dependent species like wood storks, which are in the area. Collier County Audubon Society recommends denial of this conditional use permit. We certainly agree -- if you are going to consider approval, we certainly agree with the condition that you require consultation with the Florida Fish and Wildlife Conservation Commission and the Fish and Wildlife Service, the Federal Fish and Wildlife Service, before any approvals for digging go forward. Thank you. CHAIRMAN COLETTA: Mr. Cornell? MR. CORNELL: Yeah. CHAIRMAN COLETTA: Forgive me. Something new that I never heard before was about the shell beds. MR. CORNELL: Yeah. CHAIRMAN COLETTA: Is there examples around here where people have made excavation pits and drained the wetlands? I mean, is it something that's common to this area or is it just one of those things throughout Florida and -- MR. CORNELL: I'm basing my comment on some studies that Page 144 October 23-24, 2007 were done around Corkscrew Swamp Sanctuary that actually discovered shell beds when they were digging draining ditches for agricultural uses in that area, Southeast Lee County, Northern Collier County. And it's a -- it's kind of like a porosity issue that the ground is connected to these wetlands off site. And you can also see it when you dig a ditch, like the Southern Golden Gate Estates has the six-foot ditches. The effects can be felt as far as two miles away, and that's one way that those effects are transmitted is through these shell beds, but also just through the porosity of the soil itself. But, yes, those are a feature. I don't know where they are specifically; I don't think anybody does. But when you dig, you can find them. And if you hit them, that connects to -- often connects to wetlands, and -- CHAIRMAN COLETTA: Interesting fact. I appreciate you sharing it with us. MR. CORNELL: Sure, sure. MR. YOV ANOVICH: Can I ask Mr. Cornell a question? Just one question? CHAIRMAN COLETTA: One question. MR. YOV ANOVICH: Because you're the second public speaker to say this is an earth mine masking as a fish farm. MR. CORNELL: Yes. MR. YOV ANOVICH: What will it take for us to prove to you that this is not an earth mine? MR. CORNELL: Dig it in the receiving area. MR. YOV ANOVICH: Well, that's not -- that's not -- tell me what it will take to prove to you that this is not an earth mine? Because a fish farm is an allowed use in sending. MR. CORNELL: Leave all the fill on the site. CHAIRMAN COLETTA: Okay. I think we got enough here now, okay. Very interesting conversation. Page 145 October 23-24, 2007 MS. FILSON: The next speaker is Greg Bower. MR. BOWER: Good afternoon, Commissioners. My name is Greg Bower. I'm the one that signed the letter that I think is part of the application you have from the Frangipani Ag. Association. I've talked with the applicant on many occasions. I live on the comer of Dove Tree -- and I'm not sure what that road is called at this point in time, the dirt road. But I have 1,320 feet that borders where this truck -- these trucks will be passing. They have to stop right at the comer of my property in order to head up Dove Tree and Fawshady (phonetic) Agricultural Avenue, and I'm right there in the comer of Dove Tree on the left side -- on the west side, southwest comer. I personally don't have a problem if the agreement that we reached with the applicant is adhered to and is part of the application that you have as far as fixing the roads. There's many places where two cars pass very easily. There was a home built across from me where we had a major problem with trucking going up and down, 60 loads, shut the road down completely. And the guy building the house had to spend $5,000 to fill the holes in. So we have a concern about that, and we thought we met that very well in the letter that I signed. Most of the people that I spoke with on Dove Tree are in agreement that if that is adhered to and there is someone on a daily basis that can be contacted should there be a problem with the road itself, then we would not have a problem with having the truck traffic go up and down there. Our interest is probably a little bit more selfish in the fact that we would like an improved road there. I don't know about Mr. Fawzy's fish farm or anything else other than that, other than the document that I signed and that you all have in front of you. CHAIRMAN COLETTA: We thank you for being here today. MR. BOWER: Thank you. CHAIRMAN COLETTA: Okay, Commissioners? Close the Page 146 October 23-24, 2007 public portion of the meeting. I don't see any lights going off. I guess there's got to be some items for discussion here. Commissioner Henning? COMMISSIONER HENNING: I have to get this clear. We've got two different opinions about whether somebody that wants to do fish farming can dig a hole in the ground or not without getting a conditional use, and that needs to be straightened out. MR. YOV ANOVICH: In my -- again, my humble opinion -- COMMISSIONER HENNING: I heard it. MR. YOV ANOVICH: -- is we don't need any approval to dig the hole. It's to remove the dirt. COMMISSIONER FIALA: Here comes Susan. MR. KLATZKOW: To answer your question, the Planning Commission did go 4-4 on this, so that there was a disagreement of opinion on this issue. That are in a wellfield area. It's a special overlay. And under the Growth Management Plan, you have to have extraordinary circumstances before you can excavate there. That's the issue, not that you need the conditional use to excavate, but the issue is whether or not you can even do that -- whether or not you can dig there even to begin with. And the Planning Commission was 4-4 on that issue. Staff -- staff believes that you can do that, and I respect staffs opinion on this. They're professionals in this area, but there is a difference of opinion. COMMISSIONER HENNING: Did anybody swear in here? MS. ISTENES: I swore. COMMISSIONER FIALA: No, not swear at her. Have her sworn Ill, you mean. MS. ISTENES: I mean I was sworn in. Susan Istenes. I just want to answer your question real quickly. The conditional use is required to haul the excess material in excess of 4,000 cubic yards off the site. That's the only reason it's needed. I Page 147 October 23-24, 2007 hope that answers it. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: I'm sorry. I didn't know if you were through or not. COMMISSIONER HENNING: Yeah, no. We got that straightened out. I mean, I just would have a problem for a bona fide farming operation to have to get government permission under this application. So that cleared it up for me. CHAIRMAN COLETTA: Well, that's also the fly in the whole ointment. You know, we have -- there's a Catch 22 -- 21, excuse me-- to the rural lands management areas when it comes down to it. You know, you can say, no, we want your land to stay pristine. They come back, they get a permit from the county for clearing and they clear the whole thing for agriculture, and if we don't give them what they want, they clear it for grazing. So we're kind of at one of these issues where -- what (sic) are you supposed to go from here? COMMISSIONER HENNING: Well, you have a hire law that says you're allowed to farm your property. CHAIRMAN COLETTA: That's correct. COMMISSIONER HENNING: And it shouldn't be an inordinate burden upon any government to stop you in that process. I mean, that's an inherent right on everybody's property. I mean, I could do that on my property. CHAIRMAN COLETTA: The whole catch though, Commissioner Henning, is that that right is misused on a continuous basis. We see people avoid paying taxes by rent-a-cows, putting cows on their property for no other reason than to be able to say, yes, it's an agricultural use and avoid paying what the actual appraised value is for the land. We have all sorts of issues like that. I mean, that's just the way the system is. It's less than perfect, and people are always going to take advantage of whatever little element they can. Page 148 October 23-24, 2007 So we're down to push or shove on this. In other words, the land's already been cleared. It would have been cleared anyways, even if we could have interceded ahead of time. I know I've been told before that it's being cleared illegally, but everything I'm hearing, they can do it. Where do we go from here? Do we tell them they can't excavate the dirt off the property? We have the attorney come up and say that we can say you can't excavate. We have staff come back and so, no, that's not a thing for -- a decision to be made by this commission. So I guess it's within our own conscience. COMMISSIONER HENNING: Okay. What I heard Mr. Klatzkow say is, we depend upon the expert, being the zoning director, to give us the skinny on that. So, I mean, in my opinion I'd have to approve the conditional use in order to allow him to do his fish farm, but if that's not the case, you already have that right. The right, as what Susan Istenes says, the conditional use, or what's on our agenda, is to take the dirt and move it off site. So the question is, why can't you do the fish operation by berming it and creating the depth that you need? MR. YOV ANOVICH: Okay. A couple of -- if we were to dig the depth we need to have this be freshwater, because what we don't want to do is to have a lined lake where we have to continually pump the water -- you push freshwater in, it becomes dirty because it's -- you know, it's lined, over time, then we have to dump that water, refill it with freshwater. This will be a naturally occurring process where we have the right amount of fish in there so the water is always clean so we won't be wasting water. For us to dig deep enough, Commissioner, for us to have freshwater, we're probably talking well over 40-foot berms around this piece of property, if we can even get there. That, I don't think, is in the best interest of the public to have -- am I right, Mike, at Page 149 October 23-24, 2007 least -- about 40- foot berms to get the proper depth for a freshwater lake? We don't think that makes any sense to try to do that to have a viable fish farm. You know, people are saying, well, just dig a two-acre lake. Well, you can't make any money on the two-acre lake. You have to have a big enough lake to generate enough fish for this to be profit oriented. I keep coming back -- and I wasn't trying to put Brad in a hard place, but I was, because I want to know, what will it take to prove that we're going to be a fish farm? And fish farms are allowed in sending lands. I mean, the Comprehensive Plan clearly says that, and he just doesn't want it there. He doesn't want a fish farm there even thought we have the right to do it. So he wants to stop us by not letting us take the fill off. He just doesn't want the fish farm there. So, you know, if there's another mechanism -- we offered up the escrow to show you that we're really going to be a fish farm -- and that's why I asked the question. Is there something else you all could think about that will show you that we really are going to be a fish farm operation? We're willing to a pay a dollar a truck, you know, for the overall public road impacts. We're going to fix the private roads for Mr. Bower and his neighbors. I mean, we think that we're giving back in return for the ability to go ahead and try to be a fish farm and, you know, make a profit doing that. I mean, I don't think he should have to apologize to do what he's trained to do. COMMISSIONER HENNING: Can I follow up, please? CHAIRMAN COLETTA: Of course, go ahead. COMMISSIONER HENNING: The -- so if you haul off site without berming, as I asked, you said there would be a normal filling of the hole? MR. YOV ANOVICH: You mean the water? Page 150 October 23-24, 2007 COMMISSIONER HENNING: Yes. MR. YOV ANOVICH: The water will be a natural filling. It will flow with the high -- you know, the groundwater. COMMISSIONER HENNING: The aquifer? The groundwater MR. YOV ANOVICH: Right. During dry season, the water will go down, that's why we need to be 20 feet, and during the wet season, the water will come up. So it will be natural, the amount of fish to where it continually flushes and is always fresh, so we won't be wasting water. You know, we could -- another alternative, which I think is environmentally the wrong alternative, is to line the lake, dig down to a certain depth, line the lake, and then keep wasting water. We can waste that -- we can waste that resource. Still got a hole. COMMISSIONER HENNING: Okay. I understand. Thank you. CHAIRMAN COLETTA: Commissioner Coyle, then Commissioner Fiala? COMMISSIONER COYLE: Here is, I think, the problem. You can't view any elements of this proposal independently because a decision that's made to excavate and haul off the fill is a decision that cannot be corrected if something doesn't work right, particularly if you're doing it in a sending area where we are obligated to protect the environmentally sensitive lands. Yes, you can farm in the sending area, but I don't believe you have the right to dig in the sending area unless there is a very strong justification for doing so. You're asking us to approve a petition that includes in it an as yet unspecified escrow arrangement. You're offering that as proof that you really intend to do the fish farming operation yet the elements of that escrow agreement are not present. There's been no agreement on what that element is. There are very, very many accounting procedures which can be Page 151 October 23-24, 2007 utilized for the purpose of reimbursing expenses. Is somebody going to be drawing a salary as a result of this operation? I don't know. That hasn't been specified. It certainly can't be based upon profit because there's no way we can control the profit calculations of this venture. So there are too many unanswered questions. I'll tell you what would make me feel more comfortable is a business plan which specifies the types of fish that are being raised, how many are going to be placed there, what the source of sale is likely to be, what is the anticipated revenue, what is the costs associated with this, how many fish must be sold in order to break even and make a profit, and also, any evidence that the people who are operating this fish farm have ever done fish farming before and, if so, where and to what level of effectiveness. Because once the hole is dug and the material is gone, what we now have in a NRP A area is a hole in the ground, and because we have exposed the groundwater to evaporation, we have done permanent harm to the process of recharging our aquifers. So you can't just take this one step at a time and say, yeah, somebody has the right to dig a hole. It's what happens later that is my concern, and I think we have an obligation to evaluate the consequences of our decisions. So based upon what I have heard, I don't think I would support this proposal. MR. YOV ANOVICH: And, Commissioner Coyle, thank you for expressing what your concerns are. What I would like to do, now that I've heard your concerns, is provide you with all of that information. I can't do it today. I don't think it would be fair to put Mr. Fawzy up here to -- if I could prepare for you a business report that we will submit to all of you to show you we have a business plan, how it will work, how it will function, we'll provide that to you for your review. And, again, if you -- I welcome your input on the escrow. I don't want to hold the money. We never intended that it would pay a salary. It would be -- it would have to be actual invoices for the permitting Page 152 October 23-24, 2007 process as well as the construction, and that's what would be reimbursed from the escrow account. After that, you know, the business plan would then kick in for the ongoing time to assure you it's generating enough revenue to cover the costs of operation and the continued viability of the business. We can bring all of that to you probably -- give us, you know, a month, because I don't think we can get it to you in time for the next meeting, and if it needs to be a little bit longer, well -- we'd like to have the opportunity to present that information to you and hopefully persuade you that this is not, as it's being portrayed, a fly-by-night mining operations. COMMISSIONER COYLE: Well, you know, I don't want to leave that impression. I don't want to make it sound like we have -- we're dealing with unscrupulous people because I don't think we are, okay, but I -- I think that we have an obligation to make sure that the person with the purest of intentions will succeed in this situation rather than fail because it serves no one's interest to have the natural resource protection area damaged permanently to let someone try their hand at something that is -- that might fail. We don't want it to fail. If we're going to go that -- take that step, we want to make sure that it is very, very successful, and we have been presented no evidence to suggest that there is the possibility that it will be successful. MR. YOV ANOVICH: And what I'm requesting is an opportunity to get you that information. It's not something that's been requested of staff. It's not the normal process for the conditional use. We can get that information to you and your colleagues to hopefully address your concerns. I can -- I agree with your concerns. We need to. Show you that there's a backup -- that this is, one, going to be a success so you don't have the issues you're worried about, and that perhaps we can have a backup plan if -- what happens if it's unsuccessful. Page 153 October 23-24, 2007 COMMISSIONER COYLE: I have no concern about continuing it if the other commissioners wish to do so, but that's not my call. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. It all boils down to, these are NRP A lands. These are -- this is a sending area. There is a panther corridor, and there are no extraordinary circumstances involved. We vote this in and we're going to prompt everyone who wants to ever dig a big hole in the sending lands or in the NRP A area to go ahead and do that, and I don't believe we should do this. So I make a motion to deny. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. We have a motion to deny by Commissioner Fiala, a second by Commissioner Halas. I'd like to ask the county attorney that -- should we state the reasons for denial that might have legal sufficiency? I'm looking to what may happen down the road if we end this by trying to bring reasons into it that don't quite fit the mold of what it's supposed to be, what the item is before us. Your advice would be most appreciated. MR. KLATZKOW: Well, my advice is always to state your reasons for the record why you're voting to disapprove, all your reasons. COMMISSIONER FIALA: I just did. CHAIRMAN COLETTA: Fine, we just did, okay, fine. COMMISSIONER HENNING: Well, she's saying that, number one, it is inconsistent with the sending land designation of the Future Land Use Element. COMMISSIONER FIALA: Thank you. Yes, I am. COMMISSIONER HENNING: I don't agree with it, but -- COMMISSIONER FIALA: But that's what I'm saying, it is. COMMISSIONER HALAS: Also policy 3.1.1.3 in regards to conservation coastal management element in regard -- COMMISSIONER FIALA: Also extraordinary circumstances. Page 154 October 23-24, 2007 It isn't an extraordinary circumstance. COMMISSIONER HALAS: And I believe this wellhead is -- it's a protection -- it's a wellhead that needs to be protected for -- and I believe that's also identified in our Future Land Use Element. CHAIRMAN COLETTA: Okay. Think that covers it? MR. KLATZKOW: I'm comfortable. CHAIRMAN COLETTA: Okay. That's all that counts. That's why we got you sitting there. Okay. With that, any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor in the motion -- favor of the motion to deny, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye. Let the record show that the motion for denial passed 3-2 with Commissioner Henning and Commissioner Coletta -- MR. YOV ANOVICH: Takes four votes, I believe. CHAIRMAN COLETTA: To approve? MR. YOV ANOVICH: To take any action on a conditional use; isn't that correct? CHAIRMAN COLETTA: No. COMMISSIONER COYLE: Four votes for approval, I think. MR. KLA TZKOW: Need four to approve. MR. WEIGEL: That's correct. It takes four votes to approve. For example, if you have a 2-2 vote to approve, it would not be -- it would not be approved either, and it would go into limbo or failure. So three votes to deny will pass. CHAIRMAN COLETTA: Okay. Thank you. Page 155 October 23-24, 2007 Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, I think that something else we ought to do is take some action on maybe proposing something to go into the Land Development Code that specifically addresses our sending lands and NRP A areas about fish farming in general and mining in general in these very sensitive areas. And I think that is -- I'm sure that's for a future discussion, but I think we ought to address that quickly. Thank you. COMMISSIONER HALAS: I agree with you, Commissioner. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Okay. Let's move on to the next item, Mr. Mudd. Item #8B PETITION HD-2007-AR-11828, THE COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD, REQUESTS A HISTORICAL DESIGNATION FOR THE DR. NEHRLING TROPICAL GARDEN LOCATED ON COLLIER COUNTY PROPERTY AND LEASED BY THE NAPLES ZOO. THE SUBJECT PROPERTY CURRENT ZONING OF THE PARCEL IS C-3 AND "A" RURAL AGRICULTURAL, CONSIST OF 13.35 ACRE AND IS LOCATED AT 1590 GOODLETTE ROAD NORTH, SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - MOTION TO RETURN TO THE BOARD AT A FUTURE MEETING W IRECOMMENDA TIONS WITH A REVISED RESOLUTION - APPROVED MR. MUDD: Commissioner, the next item is 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Page 156 October 23-24, 2007 It's HD-2007-AR-11828, the Collier County Historical and Archaeologic Preservation Board requests a historical designation for the Dr. Nehrling tropical garden located on Collier County property and leased by the Naples Zoo. The subject property current zoning of the parcel is C-3 and A rural agricultural consisting of 13.35 acres and is located at 1590 Goodlette Road North, Section 27, Township 49 south, Range 25 east, Collier County, Florida. CHAIRMAN COLETTA: Okay. All people that would wish to participate in this particular agenda item, please stand at this time and be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. Now for ex parte disclosure by the part of the commissioners; we'll start with you, Commissioner Coyle. COMMISSIONER COYLE: I have received several pieces of correspondence supporting this proposal and discussing the issue. I have also been down to the Naples Zoo to take a tour of the area, and I have had the limits of the Nehrling tropical garden identified, and I have been shown the improvements and expansion that is taking place at the zoo. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Thank you. I have received email on this from David Tetzlaff of the zoo, and I've also received correspondence with the County Attorney Jeff Klatzkow, and I believe I've had some other email in regards to support of this, and I've talked with staff. Thank you. CHAIRMAN COLETTA: And I've had a couple of meetings with David Tetzlaff and also had the opportunity to tour the grounds, and I've talked to staff about it. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've received many emails. Page 157 October 23-24, 2007 I've called David on the telephone and I've spoken with staff, actually a few different members of staff, about this. I think that's -- or do you want me to name staff members? Staff; staff is staff, right? CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Spoke to Mr. Tetzlaff and received an email from him and also received an email from the County Attorney's Office. CHAIRMAN COLETTA: Thank you. Mr. Mudd? MS. ZONE: Good afternoon, Commissioners. Melissa Zone, Principal Planner with the Department of Zoning and Land Development. The petition here today in front of you is brought to you by the Collier County Historical and Archaeologic Preservation Board, and they request that -- the Board of County Commissioners to officially designate a 13.35-acre parcel that was developed as a tropical garden by Dr. Henry Nehrling, who is a noted scientist and who contributed to the protection of tropical plants in Florida. The Historical and Archaeological Preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeologic resources in Collier County as set forth in the LDC under the direct jurisdiction of the Board of County Commissioners. The Historical and Archaeological Preservation Board serves as an advisory board to you. The intent of the historic board is to increase public awareness of the importance and significance of Collier County's historical and archaeological sites. The historic board has been reviewing this site that is part of the Naples Zoo for several years, but at the time when they started to review it, it was under private ownership. In 2004 there was -- Collier County had a referendum on the ballot which was approved by the citizens of Collier County for not Page 158 October 23-24, 2007 just this property, but also there was roughly around 130 acres, to preserve that site, and it was passed that the citizens agreed to tax themselves to preserve this area. There are some issues here with -- and they're not really issues, but that -- the benefits of the historic preservation of Dr. Nehrlings' site, there are -- that are beneficial to Collier County, who is the owner of this site, and that would be, they get not only recognition of significance, but you also have the ability to register with the state as well as the national historic sites as a historic designation which, in turn, there are tax benefits. Though they are a nonprofit, they are eligible for grant money, which contributes to the enhancement of the zoo. There's qualifications of financial assistance at the federal and state level as well for -- if this does get designated as a historic site. In your packet, on page 4 of the packet, the Historical and Archaeologic Preservation Board recommended six recommendations for you to consider. Staff reviewed all of the considerations but felt that under number 6 where transportation services division had requested that they not be part of the review process for a Certificate of Appropriateness, and staff believes that they are eligible to have this waiver because there was a cultural assessment done last year and found there was nothing of significance in the area of a service road that would be parallel to Goodlette-Frank. And for that assessment, which is part of your packet, there was nothing in that area for -- transportation would not be impeding or putting any impacts to that area, so staff feels that all of the recommendations by the Historical and Archaeological Board are warranted except for number 6, which is, we recommended to -- that transportation services division be granted an unconditional exemption from having to obtain a Certificate of Appropriateness. Ifthere's any questions regarding the petition, I'd like to be able to answer them now. Page 159 October 23-24, 2007 CHAIRMAN COLETTA: No questions at this time. MS. ZONE: Great, okay. CHAIRMAN COLETTA: Okay. Speakers? MS. FILSON: Mr. Chairman, I have six speakers. CHAIRMAN COLETTA: Okay. Go ahead and call them up. Each speaker has three minutes. Please state your name for the record before you begin. MS. FILSON: David Driapsa. He'll be followed by Patricia Huff. MR. DRIAPSA: For the record, David Driapsa. Please excuse my voice. I have a speech impediment. In 1915 Ed Crayton, president of the Naples Improvement Company, wrote to Bruce Haldeman saying, it seems to me that if you can get this gentlemen Nehrling to come to Naples, it might be quite an acquisition. The AHC archaeologic survey of the site relied heavily on my original research about a decade ago. That survey strongly recommended historic designation on its own merits. Since my original research, I've continued exploring this property and found many significant historical sites that are not listed on the survey. Among them are the drainage canal dug by the -- along the southern boundary of the garden by the Naples Improvement Company and along Palm Avenue planted by Dr. Nehrling through the garden west to east. I urge you to allow historic designation of the Nehrling garden, as it has great historical significance and that Collier County has a historical preservation ordinance and it is obligated to protect historic sites. One would have hoped particularly a site owned by the county. It is also my recommendation and hope that a rigorous and complete cultural landscape report be conducted preceding any redevelopment of the site and that it becomes a guide for redevelopment of the Naples Zoo. It should also be hoped that this Page 160 October 23-24, 2007 property will be listed on state and national historic registries. Thank you for the opportunity to speak. MS. FILSON: Next speaker is Patricia Huff. She'll be followed by Betsy Perdichizzi. MS. HUFF: Good afternoon. My name is Patricia Huff. I'm a resident of Collier County, and I am a member of the Board of the Archaeological and Historical Preservation. Our board is recommending that Dr. Nehrling's tropical gardens be listed -- given the historical designation. Over the past two years, we have carefully considered all of the facts involving the historic designation. We have toured the zoo. We support the zoo in all of its efforts to improve the facilities and to grow and to expand, but we also feel like it's very important to have a historic designation for this 13.3 acres. So I just want to let you know that we've carefully considered this over -- since 2005 at 16 different monthly meetings. If you have any questions, let me know. Thank you. MS. FILSON: Next speaker is Betsy Perdichizzi. She'll be followed by Ray Carroll. Sorry if I mispronounced your name. MS. PERDICHIZZI: Perdichizzi, Betsy Perdichizzi, chairman of the Historical! Archaeologic Preservation Board, and I want to thank you for reappointing me for another term. I consider it a privilege and an honor to serve on the board and to serve as chair. I do want to say that we have met about the Nehrling garden so many times since 19 -- I mean since 2005, and we are very proud of the Collier County citizens for voting to tax themselves to preserve this area. And I think it's only beneficial that it's -- it retain its historical designation for the reasons that Melissa Zone pointed out, in the future getting points for state grants and funding for that. My family has enjoyed going to the zoo. We're certainly in favor of having a viable -- I know the -- as the zoo, people -- viable operation to continue renting the space and providing the citizens of Page 161 October 23-24, 2007 the county with the zoo, but we'd also like to see Dr. Henry Nehrling's legacy preserved. Thank you. MS. FILSON: Next speaker is Ray Carroll. He'll be followed by Richard Nehrling. MR. CARROLL: Good afternoon. I'm Ray Carroll. I'm a member of the zoo board. Thank you for your time. The striking characteristic of this issue is how much agreement there is. There's a long history and we have a PowerPoint to show you that I'm not going to run right now, but it demonstrates, among other things, years and years of history of telling about Mr. Nehrling and the gardens. The fact that the specimen trees exist and the old buildings exist is largely due to what's already happened at Caribbean Gardens, Jungle Larry's African Safari and the Zoo at Naples. We've been preserving the history and we will continue to do so. The only problem I think we have with this is it's scary because here's another layer of bureaucracy that looks like it might want to get in the way of what we're trying to do thinking we were doing the public's will in moving forward with the zoo. There's some disagreement on our board about how strong a stance we should take or I should tell you that we're taking today, and the zoo board's official position is that we don't want to be designated historic. The fact is, we've already done what was necessary for this item to come before you today because we've preserved it up to this point. If it were up to Ray Carroll alone, I would urge you to apply historical designation to the specimen, the sites that the survey identified as being very important, and the two old buildings that we're still using. The problem we see is that if you put this blanket over 13 acres, about one-third of the area that we're working in, over and over and over it's going to come up for review, there'll be another layer of Page 162 October 23-24, 2007 delay, there'll be more and more concerned, and what we are about is improving the zoo, and in the meantime, preserving the legacy, because we've been doing that. I appreciate the struggle that it represents. I think sometimes zoo people look this way and historic people look this way and they agree not to look at the same thing. But there's an awful lot of agreement here. All the zoo is really requesting is some reasonableness in a smaller application of the historic designation or, perhaps, trusting us to go forward doing what we've been doing all along. Thank you. MS. FILSON: The next speaker is Richard Nehrling. He'll be followed by Sharon Kenny. CHAIRMAN COLETTA: Oh, I'm sorry. Commissioner Halas had a question for Pat (sic) Carroll? COMMISSIONER FIALA: Ray Carroll, sir. CHAIRMAN COLETTA: Ray Carroll, excuse me. COMMISSIONER HALAS: My question, sir, is, if you could respond to this. CHAIRMAN COLETTA: I need you to come back up to the microphone, please. COMMISSIONER HALAS: There was, I believe, a number of meetings that took place. Were you part of the stakeholders in regard to those meetings? MR. CARROLL: I'm not understanding what you're asking me. COMMISSIONER HALAS: There was a number of meetings, I believe, that took place with the historical society, and I was hoping that they included you in those meetings. Did they or did they not? MR. CARROLL: I did attend one of their meetings recently, yes. COMMISSIONER HALAS: Okay. But were you involved in any -- of all the number of meetings that might have been called? I think this has been going over a process of a couple of years. MR. CARROLL: I was not. Page 163 October 23-24, 2007 COMMISSIONER HALAS: Okay. Thank you. MR. NEHRLING: Good afternoon, Chairman and Commissioners. Richard Nehrling from Ponte Vedra Beach, Florida. Thank you for allowing me to be here today, and more importantly, thank you for even having this on your agenda today. I just heard this gentleman speak, and obviously I'm in full support of this designation and just appreciate the Collier County historical board for even having this on your agenda today. When I came here for the first time 12 years ago, to be quite honest, there was very little there that mentioned my great-grandfather. I found like a two-blurb sentence in their brochure that mentioned his name. And the botanist at the time really couldn't tell me which trees were my great-grandfather's or which area. I mean, he had a general idea, but he really just said, I'm not sure if these were your great-grandfather's plantings or Mr. Fleischmann's. But in any case, I just want to let you know how much I appreciate the opportunity for this historical designation. I think it's very important. I think it's long overdue, that he was an early part of your community that you probably know very little about because he wasn't somebody that brought a lot of attention to himself. And to be quite honest, I said I visited here the first time 12 years ago. It was just shortly before that that I actually even found out who he was and what he was all about, and this was through a cousin that I met in Savannah on a business trip. And my cousin sat me down and said, what do you know about your great-grandfather? And I said, oh, I heard he was some kind of plant guy, and he got a chuckle out of this. And he said, well, there's a little bit more to the story that you should know about. And he told me about his Goth" (sic) garden, and I'd heard of that. I'd actually been there when I was young child. And he said, what about the Naples garden? And I go, what are you talking about? And he said, well, there's another garden he Page 164 October 23-24, 2007 planted in South Florida in Naples. And he said, and you live in -- I was in Jacksonville at the time. And he said, you live in Florida. Maybe you should go down there and visit it. Well, it was just shortly after that that my wife and I made our first trip to Naples and visited this property, and I was just amazed. I mean, I was amazed that I was walking on land and seeing, you know, wonderful trees and things that my great-grandfather may have planted. Again, there really wasn't a lot of -- lot of information there pertaining to that, but obviously I knew that he was at this location. Well, since that time, I've worked, myself and citizens across Florida, to preserve his other garden near Orlando. It's about 10 miles west of downtown Orlando. And we have been working steadily on that for over a decade. And unfortunately that garden is privately owned, and the current owner has it up for sale, and we're doing everything we can, including just recently applying for a state grant, to get this garden off the market. But anyway, a lot of people really, up till recently, knew very little about Henry Nehrling. He did something very special. And Mr. Driapsa over here has spent over a decade researching this person and his life and his story here, not only in Naples, but in Orlando, and-- oop, time up? CHAIRMAN COLETTA: Yes. Go ahead and wind it up. MR. NEHRLING: Okay, I'll wind it up. As far as the zoo board is concerned and the Tetzlaff family, I would -- if you would allow me, I'd like to submit a document to you, and that's a letter that I got from Tim Tetzlaff concerning the preservation of his other garden, and this was before we went before the County Board of Commissioners in Orange County. And if you'll allow me, I'd just like to submit a copy of this to each of you so you could see his words and how we felt about how important it was that this other garden be preserved, and I would hope Page 165 October 23-24, 2007 his words would apply for this garden here today. CHAIRMAN COLETTA: We thank you, sir. MR. NEHRLING: Thank you so much. CHAIRMAN COLETTA: You may submit it, but I have to warn you that I doubt the commissioners will seriously have time to read it before they have to reach a decision. MR. NEHRLING: Okay. CHAIRMAN COLETTA: It's always best to submit documents like this prior to the meeting -- MR. NEHRLING: I'm sure, yes. CHAIRMAN COLETTA: -- three days ahead of time. MR. NEHRLING: I understand. Well, I mean, if you could look it over while you're making your decision, there's a couple wonderful quotes in here from him. CHAIRMAN COLETTA: Well, thank you, sir. We appreciate it. MR. NEHRLING: Thank you very much. Thank you for your time. MS. FILSON: Your final speaker is Sharon Kenny. MS. KENNY: Good afternoon. My name is Sharon Kenny. I'm a resident of Collier County and I am a member of the Archaeological and Historical Preservation Board for the past year. Thank you very much. I've been very proud to serve on that board as your representative. I also was appointed to the zoo board just recently within the last few months to try to see that we could come to more of an agreement over this -- over this document. And I just want to -- for Mr. Halas's benefit, just a correction, your question to Mr. Mr. Carroll. There are -- were over the last two years many, many zoo board members as well as Mr. Tetzlaff that attended the Archaeologic and Historical Preservation Board meetings whenever this item was on the agenda. Over the last two years, there were extensive times when they got Page 166 October 23-24, 2007 together. I have just a couple notes. I'm a citizen of this county. I should also mention that I'm representing myself at this -- at this time. I am a citizen of this county who has seen too much development and too much lost over the years. I voted three years ago to tax myself to stop this land from being tom up for condos. I believe if this land and this garden is important, then we should protect it properly, as best we can, and that's with the historical designation. I hope that the zoo is never sold, but it could be sold, and the new owner or an incoming county commission, for that matter, could be concerned -- could not be concerned about preserving his garden at all. Unfortunately, we all have first-hand experience with that. Just two years ago the Haldeman house, the oldest house in Naples -- which was built in 1886 at the foot of the Naples Pier, it had been built and in the same family for more than a 100 years -- it was sold. A group of Collier County citizens, of which I was a member, lobbied Naples City Council to save the Haldeman house, and the council wanted to save it, but they said their hands were tied. They couldn't because it had never been historically designated. The house was tom down and there's one megahouse and a lot of empty space that's trying to be sold for other houses on that site right now. I think it's important for the commission to vote for historical designation because if this land, if this Nehrling garden site is not historically significant enough and if as owners of the land ourselves, if we don't believe in designating our own land, then -- because our own rules are too restrictive and there would be too many meetings involved, then I don't see why we have a historic designation process at all. Historic designation is something the Collier County government encourages for both private and public property owners of historically significant lands and buildings in Collier County. I certainly hope that Page 167 October 23-24,2007 as officials elected to protect this county for its citizens, that you will vote to protect your own historically significant land for our children and grandchildren so they can all enjoy Dr. Nehrling's legacy. Thank you. CHAIRMAN COLETTA: Thank you. That's it, correct? MS. FILSON: Yes, that's your final speaker, sir. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Commissioners, I am troubled about this because there doesn't appear to be agreement. I'm troubled that there might be some concern on the part of the zoo that unnecessary restrictions are going to be applied to the improvements that are taking place in the zoo. I would have hoped that these issues would have been worked out before they came to us. Now we're going to have to conjure up somehow all of the ways that historical designation might in some way affect the zoo negatively in the future. I think Mr. Nehrling's contributions are significant and have to be recognized and have to be preserved, but I would like to find a way to do that at the same time that we are assuring or contributing to the success of the Naples Zoo. I can tell you that the majority of the people -- and I want to be very careful about this because I don't want to minimize the significance of the garden that Mr. -- Dr. Nehrling created, but I -- I can tell you that when the issue came up to preserve this, save the zoo was a rallying cry of all of the people who voted in support of this, save the zoo. And I have personally seen where the zoo has made sure that the plant specimens that Dr. Nehrling certainly should be credited for have been identified there and more work can be done to do that more specifically, and I feel certain that the zoo would do that. But I am troubled that we're being asked to make a decision right now when we have no way of defining any adverse impact on the zoo. Page 168 October 23-24, 2007 That's what I'm missing. And Mr. Carroll, you've covered the issues fairly generally, but if the zoo has any specific concerns and if you would like to see some changes to the historic designation that would protect your interests, I would be very interested in hearing about it, and I think we need to hear about it before we make a decision. So I don't know how you feel, if you want us to make a decision on the basis of what is before us right now or whether you would like to have some additional time to evaluate the implications of this proposal, and suggest some changes. MR. CARROLL: Thanks for your comments. As a real estate appraiser, I suppose it's my business to predict the future and I have to tell you that within my professional practice, I'm not very good at that. I certainly am not very good at predicting what will happen going forward in the zoo in this matter. And I want to be very careful, having come from a family that's been here a long, long time, not to do anything to undermine historic preservation that's reasonable and just. The passion you've seen expressed today is part of what's frightening to a zoo person because not all of it is based on correct history or facts. And we on the zoo board feel that we own a certain riotous credit for what is already there and what we intend to preserve. We feel the burden very heavily of the public's mandate, if that's what it was, to keep and improve the zoo. Furthermore, we're under a legal obligation to Collier County by virtue of the lease to do that very thing, and the lease mentions specifically preservation and protection of the Nehrling legacy remnant. The archaeologic and historical survey that's been alluded to here is, I think, part of your package. You've had a chance to look at it. You'll see that the conclusion of that survey was that there was no garden anymore. But there are specimen trees and there are specific locations that Page 169 October 23-24, 2007 deserve special consideration, and there are a couple of old buildings still existing that have been and need to be preserved. There is no disagreement on those points, none. In fact, the reason much of that is still here can probably be credited to things that have been done at the zoo to see to it. I expressed to you that the zoo board's officials position's that we would not have to have a blanket laid over us. I can say at the same time that as an individual who's lived here a long, long time, I have sympathy with the efforts of the historical preservation board. I think mostly though, it is the Zoo at Naples which encompasses some of what was once Mr. Nehrling's garden, and we've identified that and will continue to do so. All of us on the zoo board are responsible public individuals. Will that always be the case? I don't know. All of the people that I know on the historical preservation board are, likewise, responsible public individuals. Will that continue into the future? I do not know. The county commission will always be a responsible public body, I'm certain of that. COMMISSIONER COYLE: I wish I were. MR. CARROLL: One has to have faith. The fact is that if you ask me, what does the zoo board want, we do not want to be designated historical. If there is common ground to be found in between, it probably won't satisfy everybody but it may be the best you can do. And my personal opinion, subject to criticism later, is that there are clearly specimen trees. The survey that was done specified certain defined areas -- all of these can be identified on the ground -- and there are a couple of old buildings. Everybody agrees those are very important. It makes sense to me that the historic designation be applied to those things, that they be specifically identified so there can be no mistake about it, and we go forward as we have been going forward to Page 170 October 23-24, 2007 preserve that legacy. Did that even get close to answering your question? COMMISSIONER COYLE: It gets a lot closer for me, and I think that that -- that, perhaps, is the crux of the problem. You've used the terms like blanket and specific designation. I can understand how a specific designation can be much more effective because you can clearly identify those elements that are essential for historic preservation, whereas, a blanket categorization for historical and archaeologic purposes can be subject to great interpretation that is, perhaps, not in the best interests of everyone. So I guess my feeling is, what I would like to see, is every -- maybe we can make this assumption, maybe we can't. But Dr. Nehrling certainly was the person who provided the initial impetus to creating that garden and gathering all those specimen plants and trees. I'd like to see his name on every plaque that identifies those. I also believe that the Fleischmanns and the Tetzlaffs have done a lot in that respect also. And to the extent that that can be identified, I wouldn't-- I'd be happy to see them get some credit for what they've done. And I am very reluctant just to -- just to wave a magic wand over an area and say, let's create a historical designation for this area without understanding the implications of it. But I will have absolutely no reluctance whatsoever to have Dr. Nehrling's buildings, those that have been specifically identified, and all of his specimen plants designated with his name. That would delight me to do that. And if we can reach some conclusion that accomplishes that, I would strongly support it. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was just going to say something similar. If we just had a blanket historical preservation ruling, then that would be one context, but that really couldn't go through if the zoo objected to it because they can't have that, so the ground in the middle is exactly what you proposed; take the important Page 171 October 23-24, 2007 things -- I think the zoo's already tried to identify these things and put the names on them properly now and give credit where credit is due. Certainly they could add some more. I don't think they've given themselves credit, for the Tetzlaffs, I mean. And I think that with those things identified and put in preservation, then both have accomplished something without being at the end of the scope, so I totally agree. COMMISSIONER COYLE: Then I would like to make a motion that we ask the representatives of the zoo and the Historical! Archaeologic Preservation Board to come back to us with specific identifications of those areas that should be designated with historical significance and then let us -- let us approve that. It would be a lot easier for me to -- MR. CARROLL: I wonder if you ought to hear from the historical board president. COMMISSIONER COYLE: That would be fine, yeah, that would be -- that's the chairman's call, but -- CHAIRMAN COLETTA: Okay. Yeah. I would be more than happy to accommodate. You know, I tell you what. We're past the point of a break right now. Why don't we take a break while they're having a conference, and then we'll come back in 10 minutes. That work for you? (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Okay. If! remember correctly when we broke off, Commissioner Coyle was persuading the participants to broker a deal during the break. Commissioner Coyle, back to you. COMMISSIONER COYLE: Okay. Who brokered the deal? MS. ZONE: I did. Page 172 October 23-24, 2007 CHAIRMAN COLETTA: All right. MS. ZONE: I'm Melissa Zone, Principal Planner with the Department of Zoning and Land Development. I would like to bring up the chair people of the zoo board as well as the Historical and Archaeologic Preservation Board, if they could. COMMISSIONER COYLE: You only have three minutes each. MS. ZONE: I know, but I want you to know -- COMMISSIONER FIALA: Twenty people. MS. ZONE: Just three of us. And in case there were questions, I'd like Larry to be sworn in just for the record. (The speaker was duly sworn.) MS. ZONE: Thank you for letting us come back. I think this is a solution that hopefully will please everyone. On -- in your packet, page 95 of 107, that shows an aerial of the Naples Zoo which shows historic specimen trees, and what we're in agreement with is those trees that have been pointed out would stay. If by chance of a natural event or the tree dying, we understand if they don't -- if they want to replant them, great, if not, that's the zoo's decision, but those trees will not be removed. If you look towards -- closer to where the number 48 is, you have the Caribbean Gardens Gatehouse and Gift Shop. We'd like to have those structures maintained. If they cannot be maintained at that specific site because of the master plan, then at least to be relocated within that vicinity and preserved. There are two other locations that are dotted lines. One is the vicinity of the Nehrling house site as well as a slat house, and they are in agreement that if there's development that's going to be there, that a, one-time, we would have an archaeologist there on site when they come to develop that area to -- for whatever's part of their master plan. The archaeologist is there, observes. If they find anything, what they find can either go to the Collier museum or if one of these gatehouses are used as a museum on site, Page 173 October 23-24, 2007 then it could be preserved there. And if nothing is found there, then at that point there is no more need to have an archaeologist every time they come and develop in that area. As well as staffs still asking for the transportation service division to be exempt, because that road, during the survey was found, there was nothing there. So if the board is agreeable to these, we will, with the county attorney -- work with the county attorney, change the resolution, make it very specific what these recommendations are, approval by both members of the boards, and bring it forward for signature. COMMISSIONER COYLE: Sounds great to me. COMMISSIONER FIALA: Couldn't ask for everything more. COMMISSIONER COYLE: Yeah. Thank you very much. MS. ZONE: Thank you. COMMISSIONER COYLE: Good job. CHAIRMAN COLETTA: Okay. Make it in the form ofa motion. COMMISSIONER COYLE: Well, no. We're going to make a motion -- MS. ZONE: Right. COMMISSIONER COYLE: -- that you take these recommendations, this agreement between both parties -- MS. ZONE: Correct. COMMISSIONER COYLE: -- back to the county attorney-- MS. ZONE: Correct. COMMISSIONER COYLE: -- draft a revised resolution and bring it back for our approval. MS. ZONE: Correct. If you would like-- COMMISSIONER COYLE: That's-- CHAIRMAN COLETTA: That's your motion? COMMISSIONER COYLE: That's my motion. CHAIRMAN COLETTA: And that's your second? Page 174 October 23-24, 2007 COMMISSIONER FIALA: Second. MR. MUDD: I'll get it on the summary. CHAIRMAN COLETTA: We've got a motion by Commissioner Coyle, second by Commissioner Fiala. Discussion? Commissioner Henning? COMMISSIONER HENNING: I need to know -- I mean, I don't feel comfortable what we're doing. Page 69 of 107, I have issues with that insignia there, and are we really doing the right thing or are we going to upset other people because of this? COMMISSIONER COYLE: That's interesting. I hadn't even noticed that. COMMISSIONER FIALA: I never saw that before. MS. ZONE: That was -- if you would like to preserve this sketch, is that it, Commissioner? COMMISSIONER HENNING: Oh, I'd love to. Let's frame it. MS. ZONE: We could put it to the county zoo. But I'm asking -- this was something that was a proposed addition to that slat house. COMMISSIONER HENNING: By who? MS. ZONE: By Nehrling. COMMISSIONER HENNING: Well then, I can't support the motion. COMMISSIONER FIALA: Because of the cross T. COMMISSIONER COYLE: Yeah. MS. ZONE: I'm sorry? MR. MUDD: Swastika. COMMISSIONER FIALA: Swastika. MS. ZONE: Oh. COMMISSIONER COYLE: Yeah. MS. ZONE: Well, we don't have to preserve that. I didn't catch that. I'm very -- MR. TETZLAFF: We'll cut that out. MS. ZONE: That certainly -- but that is not the recommendation Page 175 October 23-24, 2007 of the map and that does not have to be part of -- in fact, you can make sure that that does not become part of the museum or the county. COMMISSIONER HENNING: You're just missing my whole point. MS. ZONE: I'm sorry. COMMISSIONER HENNING: If that is the feelings of Dr. Nehrling, by doing what we're doing is going to upset a different part of the community. MS. ZONE: Right. COMMISSIONER COYLE: I think, if you don't mind, we have to raise the question. That particular symbol means different things to different people. MS. ZONE: Correct. MR. TETZLAFF: This was done back in the '20s. COMMISSIONER COYLE: Yes, that's the point. It was done before the Nazi party in Germany came to prominence and adopted that symbol. It does have other meanings to other people, and I'm not sure that we should -- we should imply that Dr. Nehrling had Nazi leanings because the party didn't exist at that point in time. COMMISSIONER HENNING: Okay. Well, maybe somebody could just educate me. COMMISSIONER COYLE: Well, I think -- I think if you're going to preserve this particular document, there should be an explanatory note concerning that, and that's the only way it should be preserved. MS. ZONE: This-- COMMISSIONER COYLE: And I think maybe somebody has an explanatory note to make to that. CHAIRMAN COLETTA: That particular symbol goes all the back -- COMMISSIONER COYLE: Yes, it does. CHAIRMAN COLETTA: -- to Egypt. Page 176 October 23-24, 2007 COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: I'm not old enough to -- COMMISSIONER COYLE: I'm not either. CHAIRMAN COLETTA: I remember though. MS. ZONE: Certainly would not use this as one of our exhibits nor prouder moments of Collier County or any of the citizens. COMMISSIONER HENNING: It needs to be -- it needs to be explained. COMMISSIONER COYLE: Yeah. MS. ZONE: Certainly, and we could come up with something. I would be happy to work with our county attorney to make that very clear, that this isn't something that the county supports nor do they recognize this as something -- COMMISSIONER HENNING: I think other people have the idea that's going to explain it to me. MS. ZONE: Okay. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: So we now have a motion on the floor and we have a second. Motion by Commissioner Coyle, second by Commissioner Fiala. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you. Page 1 77 October 23-24, 2007 Item #14A CRA TO EXECUTE THE IMMOKALEE REDEVELOPMENT AREA EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND PENNY PHILLIPPI - MOTION FOR COMMISSIONER COLETTA TO SHARE HIS OFFICE SPACE IN IMMOKALEE WITH THE NEW CRA DIRECTOR - APPROVED; MOTION TO ALLOW THE BUDGET OF $12,000 FOR THE OFFICE IN IMMOKALEE TO BE OUTFITTED - APPROVED; MOTION TO APPROVE EMPLOYMENT OF PENNY PHILLIPI AS THE IMMOKALEE CRA DIRECTOR - APPROVED MR. MUDD: Commissioner, that brings us -- or gets us to around a three o'clock time certain. And you have a new director that came into town, your CRA director came into town for this specific item, and we'll probably have to go back and start packing. But this is 14A, and it's basically to be heard on or after three p.m., and she was quite punctual as far as her arrival is concerned. It's a recommendation that the Community Redevelopment Agency approve and execute the Immokalee Redevelopment Area Executive Director Employment Agreement between the Community Redevelopment Agency, CRA, and Penny Phillippi. And Mr. Fred Thomas -- CHAIRMAN COLETTA: Motion to approve. COMMISSIONER COYLE: Second. MR. MUDD: I think you've got to switch hats. I think this is -- CHAIRMAN COLETTA: Oh, forgive me. Here you go, Commissioner Fiala. MR. MUDD: So you have to adjourn one meeting, or -- CHAIRMAN COLETTA: I hereby adjourn this meeting. Page 178 October 23-24,2007 COMMISSIONER FIALA: No, not -- MR. MUDD: Not adjourn, but recess. MR. WEIGEL: Recess. CHAIRMAN COLETTA: Recess this commission meeting, and Commissioner Fiala. CHAIRMAN FIALA: Thank you. And the CRA meeting is open. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER COYLE: Second. MR. THOMAS: Before you approve it -- before you approve that, you've got to do some other things, housekeeping things, so we can approve it, okay, sir. My name is Fred Thomas. I'm the Chairman of your C -- the Citizens Advisory Group for your CRA. I want to first thank Commissioner Coletta for offering to let her share his office space until we can get a permanent location for her, so I need a motion that allows us to move into Commissioner Coletta's office space with her and an administrative assistant. COMMISSIONER HALAS: Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER COYLE: Yeah, I'll support it as long as it's permanent. CHAIRMAN FIALA: Well-- MR. THOMAS~ What he's referring to is the fact that once I get her trained, you all won't have to see me anymore. COMMISSIONER COYLE: I'll support that, yeah, I'll support that. CHAIRMAN FIALA: We've got two motions on the floor here. I think we ought to first get her into office before we give her -- I mean, first get her -- MR. THOMAS: I want to give her an office. CHAIRMAN FIALA: -- a designation before we give her an Page 179 October 23-24, 2007 office. COMMISSIONER COLETTA: She could work out of her car if it doesn't go out. CHAIRMAN FIALA: Don't you think that would work? MR. THOMAS: I want to make sure she knows she has an office before she signs the agreement. CHAIRMAN FIALA: Okay. Then we'll skip the first -- COMMISSIONER COLETTA: I withdraw my motion, fine. CHAIRMAN FIALA: And I'll with -- COMMISSIONER COYLE: And I'll withdraw my second. COMMISSIONER HALAS: And I made the motion to approve that this young lady gets to use Commissioner Coletta's work space. MR. THOMAS: For her and her administrative assistant. COMMISSIONER COLETTA: No, no. Office. MR. THOMAS: Office space. COMMISSIONER COYLE: And his truck. COMMISSIONER COLETTA: That's more than fair. MR. THOMAS: Thank you very much, sir. CHAIRMAN FIALA: Okay. Now, I have a motion on the floor by Commissioner Halas and a second by Commissioner Coyle to allow the CRA director, whomever that person may be, to use Commissioner Coletta's office when they're working in Immokalee; is that correct? COMMISSIONER COLETTA: Yes. CHAIRMAN FIALA: Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. Page 180 October 23-24, 2007 CHAIRMAN FIALA: Motion -- anyone opposed? (No response.) CHAIRMAN FIALA: Motion approved. MR. THOMAS: Second thing we need to do, up to about $12,000 in expenditures are already budgeted for that office, that temporary space, until we can find our permanent location. We need a motion to approve the expenditures for up to 12,000 to house the -- to furnish the office. COMMISSIONER HALAS: Isn't his office already furnished? MR. THOMAS: No. We have to have special things like typewriters and computers. COMMISSIONER COLETTA: Desk and chairs. MR. THOMAS: You know, the kind of things that let her do the job that she has to do out in Immokalee. COMMISSIONER COYLE: That includes taking out the cot. MR. THOMAS: Yes, sir. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Okay. I have a motion on the floor and a second to outfit the office with $12,000 worth of furnishings or however -- MR. THOMAS: Up to, up to. CHAIRMAN FIALA: Up to. And where's the -- MR. THOMAS: Not to include. CHAIRMAN FIALA: -- money coming from? MR. THOMAS: Out of our CRA budget for it, ma'am. MR. MUDD: CRA. CHAIRMAN FIALA: It's already budgeted, okay. MR. THOMAS: Yes, ma'am. CHAIRMAN FIALA: Okay. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. Page 181 October 23-24, 2007 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. Motion carried. MR. THOMAS: Now I would like to introduce you to Penny Phillippi who comes to us from Highlands County. Penny? MS. PHILLIPPI: Good afternoon, Commissioners. I just want to step up here and say thank you for this opportunity and I'm looking forward to a productive tenure as executive director of the CRA, and we're looking forward to implementing your master plan for that area. CHAIRMAN FIALA: Any questions? I have a question, in may. MR. THOMAS: Yes, ma'am. CHAIRMAN FIALA: Yes. Could you tell me what experience you'd had in the field of CRAs? I notice you have wonderful experience in housing and housing development and a lot of the HOME and SHIP funds and so forth, but I -- when I read through your resume, I saw nothing about CRAs. MS. PHILLIPPI: Well, that's because I have no CRA experience. What I have is a wealth of experience in the redevelopment and revitalization of communities. We've done two massive empowerment zones, one for the City of Knoxville and one for the City of Portsmouth and Norfolk, Virginia, which involved a huge revitalization process and certain census tracts. And in local government, we've done many of these smaller revitalizations in areas where we deal with persons who are extremely low income, empower them, bring in employment, bring in housing, Page 182 October 23-24, 2007 bring in job training, and it's a whole process of getting people up and on their feet again. So my experience is very diverse, and I should have probably been in a CRA a long time ago. CHAIRMAN FIALA: Well, would you be willing to go to some of the CRA conferences? I know our people just went recently from the Bayshore Gateway Triangle CRA, and they say that they pick up a wealth of information, new ideas, and new and fresh ideas are so important to any area that's trying to recover. MS. PHILLIPPI: Oh, absolutely, absolutely, and especially in have Chairman Coletta's truck, that would be great. COMMISSIONER COYLE: Well, you've got it now. COMMISSIONER HALAS: Got a rifle rack in it too. MR. THOMAS: She mentioned very casually what she did in Portsmouth. You know I have history in Norfolk/Portsmouth to come in this direction, and she brought together a community in Portsmouth and the community in Norfolk, across a major waterway, two different sets of elected officials to come together and development a community in a very positive, connected kind of way. So I think she's going to be the kind of person that allows me to go into the woods and relax. COMMISSIONER COLETTA: Wow. MR. THOMAS: So please approve her employment contract. Thank you. COMMISSIONER COLETTA: If that's the case, I'll vote for a raise right now. No. CHAIRMAN FIALA: Okay. I just wanted to get all of that -- being the CRA chairman, I just wanted to make sure all of that stuff was on the record. MS. PHILLIPPI: Thank you. Thank you very much. CHAIRMAN FIALA: Okay. CHAIRMAN COLETTA: Now we're going to approve her Page 183 October 23-24, 2007 employment contract now, right? MR. MUDD: I believe that's your next item, sir. COMMISSIONER COYLE: I think Commissioner Coletta is going to make a motion to approve. COMMISSIONER COLETTA: I'm going to make a motion to approve. COMMISSIONER COYLE: And I'm going to second. COMMISSIONER COLETTA: And Commissioner Coyle's second. CHAIRMAN FIALA: Thank you. Thank you very much. In case I didn't hear that, I'm glad that you let me know what was being said. We playa lot, excuse me. COMMISSIONER COLETT A: We have to. CHAIRMAN FIALA: We need to do that. Any other comments or concerns or questions? (No response.) CHAIRMAN FIALA: Okay. All those in favor, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. MR. THOMAS: Ma'am, the key to the office. COMMISSIONER HALAS: Congratulations. CHAIRMAN FIALA: The CRA board meeting is now adjourned. CHAIRMAN COLETTA: Wonderful. Page 184 October 23-24, 2007 Item #10B DISCUSSION FOR THE UPCOMING JOINT BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY LEGISLATIVE DELEGATION PRE 2008 LEGISLATIVE SESSION WORKSHOP'S PROPOSED ISSUES - APPROVED W/CHANGES CHAIRMAN COLETTA: Mr. Mudd, next item I'd like to go to is lOB. We have a number of people here to speak to us about our -- not a number. We have a couple of people here that'd like to speak to us about our legislative initiatives coming up, what they're going to be. So if we could go to that, I would appreciate it very much. MR. MUDD: Commissioner, next item is lOB. It's a recommendation to approve for discussion at the upcoming joint Board of Collier County and Collier County legislative delegation pre-2008 legislative session workshop, the attached list of proposed Issues. And Ms. Debbie Wight, Assistant to the County Manager, will present. MS. WIGHT: Good afternoon, Commissioners. You have before you the list of proposed priorities. They do include the 2007 list minus those that were the ATV issue, obviously. We also have additions, those that Commissioner Henning proposed as well as those that Commissioner Halas and Commissioner Coyle -- and I am prepared to give you an update on each issue, or if you have questions, whatever is your pleasure at this point. CHAIRMAN COLETTA: Well-- MS. WIGHT: Or if you want to discuss them. CHAIRMAN COLETTA: Well, may I suggest that we do several things here, is that we've got speakers here. We could take the speakers up front so that we can get right on to discussion, then go Page 185 October 23-24, 2007 down them in order and address each item to see if there's support of three commissioners or not. So if there's a problem with that, why don't we go directly -- I believe you're one of the speakers? No, you're here to answer questions, correct? MR. ARNOLD: (Nods head.) MS. WIGHT: In may, also the CCNA issue, Steve Carnell is here, and he has some updated information for you as well. He did attend the recent Florida Association of Counties conference and did have a good positive reception there and has been asked to attend the upcoming one in November in St. Johns County. So I'd like ifhe could have a chance to speak to you on that. CHAIRMAN COLETTA: Of course he can, but let's first take the speakers -- MS. WIGHT: Sure. CHAIRMAN COLETTA: -- and then we'll go on with the rest of it. MS. FILSON: Mr. Chairman, I have three speakers. Ken Thompson. MS. SERRATA: He had to leave. MS. FILSON: Essie Serrata. She'll be followed by Marcia (sic) Adame. MS. SERRATA: Good afternoon. My name is Essie Serrata. I'm the Executive Director of the Collier County Housing Authority. And we're on there again for, I guess, per Commissioner Henning, to take over -- for you guys to discuss taking over the Housing Authority and taking it to the legislators. So at this point I guess I would love to hear the discussion and maybe comment at a later time. CHAIRMAN COLETTA: Why don't you make yourself available. If we have some questions, we'll call on you. MS. SERRA T A: I will. I'll be here. Page 186 October 23-24, 2007 CHAIRMAN COLETTA: Okay. MS. FILSON: Your final speaker is Marcia, Marcie Adame. (No response.) CHAIRMAN COLETTA: Well, that was easy. I think that's it for the speakers. Why don't we go ahead with the presentation. MS. WIGHT: Commissioners, would you like an update? Do you want to go down each item? Okay. CHAIRMAN COLETTA: Well, if you think the -- did you want to bring the update in on certain items, or how best do you think we should handle this? MS. WIGHT: It's -- it depends on how much information you would like. When I gave you the list and asked for your input, I gave you the summary -- CHAIRMAN COLETTA: Right. MS. WIGHT: -- from the 2007 legislative session, but I have an update since then going into the 2008 session. CHAIRMAN COLETTA: Why don't we do it this way. I mean, we're all fairly familiar with the majority of items on here. MS. WIGHT: Okay. CHAIRMAN COLETTA: Why don't we go to each item down, see ifthere's support to keep that item going forward, and if questions or discussion takes place, we'll be able to take direction from that. MS. WIGHT: Okay. CHAIRMAN COLETTA: Okay. I'll have you read it off, starting with decrease insurance costs. MS. WIGHT: Decrease insurance costs. Okay. I can tell you as far as that, in early 2007 the legislature did hold a special session to address the property insurance crisis in the State of Florida, which you all are aware of. The legislature ultimately passed the legislation which allows citizens that are state insured to expand insurance products, temporarily freeze rates and cancellations and to subsidize the Page 187 October 23-24, 2007 reinsurance market, theoretically providing for lower insurance premIUms. Unfortunately, this has not happened, as many companies have filed for rate increases. Just recently, the attorney general issued subpoenas to insurance companies to justify recent rate requests, so that's the -- CHAIRMAN COLETTA: Okay. How do you feel, fellow commissioners? COMMISSIONER COYLE: Certainly it's a desirable goal, in my opinion. But the key is not to do what the insurance -- or the legislature has done, which is to put all the risk onto Florida taxpayers. I'd like to convince them to take a close look at what they've done and see if they can't do a better job with it. I don't know how you convince them to do anything though. We haven't had a lot of success in the past. MS. WIGHT: We'd like to keep it on the list as priority? COMMISSIONER COYLE: I'd like to keep it on the list, yeah. You might want to say, continue efforts to decrease insurance costs because they clearly are working on it. It's just that the solutions they've come up with are not very effective. CHAIRMAN COLETTA: Okay. How do you feel, Commissioner Halas? COMMISSIONER HALAS: I think it's an important issue, and as Commissioner Coyle said, I don't think that we should continue to put the burden on the citizens here in the State of Florida. CHAIRMAN COLETTA: Okay. And I feel likewise. How about you, Commissioner Fiala? COMMISSIONER FIALA: Absolutely. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: And just make a quick statement Page 188 October 23-24, 2007 about that. One of the things they've done is to decrease the ability of property owners to get insurance under the Citizens Insurance program because unless you've got shutters on your windows, you're not even eligible. And if your home cost more than X amount, as is likely to do in Collier County, you're not eligible to participate. So they have eliminated a large number of people from being able to get insurance at all under this state program, and they've made it more costly for the people who can qualify for it. But those are things that we need to work out with the legislators somehow. CHAIRMAN COLETTA: Keep moving forward here. COMMISSIONER COYLE: Yeah. MS. WIGHT: Okay. CHAIRMAN COLETTA: Affordable housing? MS. WIGHT: Affordable housing. COMMISSIONER HALAS: Affordable housing, I believe that that's an issue that the state needs to take up in regards to releasing more Sadowski funds. CHAIRMAN COLETTA: Do you want to elaborate that (sic)? I think we all agree, include that in there. MS. WIGHT: Okay. CHAIRMAN COLETTA: And that's always been the stance of the Florida Association of Counties. COMMISSIONER HENNING: Keep the Sadowski fund or the housing trust fund whole. COMMISSIONER COYLE: Could we put that specific statement in here? Rather than just say affordable housing, you know, a specific statement of releasing more funds -- COMMISSIONER HALAS: From the Sadowski. COMMISSIONER COYLE: Yeah, okay. MR. MUDD: Or you want to say remove the cap on the Sadowski? MS. WIGHT: Which they didn't do last session. Page 189 October 23-24, 2007 COMMISSIONER HALAS: Remove the cap on the Sadowski fund. MR. MUDD: Cap is what's causing you-- COMMISSIONER HALAS: Is what's causing the problem, the cap. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Okay. I think we got agreement on that. MS. WIGHT: Okay. Reduce attorney court fees. As you recall last session, we did have legislative language go forth, but it didn't -- it didn't make it. MR. MUDD: Get out of committee. MS. WIGHT: Didn't get out of committee. MR. MUDD: And the issue here was, you have a six-month hiatus between the time when you start doing eminent domain actions before -- and during the height of madness in Collier County, the escalation of property appraisals caused attorney fees to escalate when the attorneys really hadn't done anything as far as the eminent domain action was concerned when it was coming down to come to some agreement. And the issue was to try to find a rational part that says, all right, you leave the law as is where you get 33 percent up to $250,000, and then it's 10 percent thereafter as far as the cut, and that was the language that you approved last year and it went forward, and we just want to know if the board still supports that to keep moving. COMMISSIONER COYLE: Could I make a comment? CHAIRMAN COLETTA: Please do. COMMISSIONER COYLE: Just a comment about that very briefly. It was a serious problem, it is a serious problem, anytime when we are in a rising market where the real estate values are rising rapidly. It is not so much of a problem now. They are falling, so it will actually work to our advantage if it Page 190 October 23-24, 2007 continues to fall, but I don't know how long that will take. But the point is, we've got a lot of things on the list. Is this one we want to pull out and put back in at a point in time when it's more advantageous to do it, or do we want to keep banging on this one and people are going to say, well, it couldn't possibly be causing you any problem in a down market so why should we pay any attention to it? COMMISSIONER HENNING: That's a good point. CHAIRMAN COLETTA: I agree with you. COMMISSIONER HENNING: Yeah, let's pull it. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: We get too many items in here, it looks like a Chinese menu. We're going to overwhelm anyone. COMMISSIONER COYLE: Yep. CHAIRMAN COLETTA: So we're going to remove that one? COMMISSIONER COYLE: Temporarily. MS. WIGHT: Direction of the board, temporarily remove. COMMISSIONER HALAS: Yep, for this year. MS. WIGHT: Okay. Last year we had oppose portability of homestead property assessments, and this year Commissioner Henning asked me to put that he supports this. COMMISSIONER FIALA: So do I, by the way. CHAIRMAN COLETTA: I do, too. COMMISSIONER COYLE: Supports the portability or supports opposing the portability? COMMISSIONER FIALA: Support the portability. COMMISSIONER COYLE: Okay. MS. WIGHT: Support, right. COMMISSIONER FIALA: I support the -- COMMISSIONER COYLE: Why don't we remove the word oppose or -- I'll let Commissioner Henning speak for himself. MS. WIGHT: Well, if the rest of you agreed with the supporting portability, that's the way to do it, remove the portability, the word Page 191 October 23-24, 2007 opposed. CHAIRMAN COLETTA: We're talking way out of order here. Let's go to Commissioner Henning since it was his suggestion, then come back to Commissioner Halas, then we'll go back to Commissioner Coyle. COMMISSIONER HENNING: Well, you must have told them how I felt because that's how they're addressing it now is -- MS. WIGHT: No, absolutely not, Commissioner. COMMISSIONER HENNING: I'm just kidding you; I'mjust kidding you. MS. WIGHT: Okay. COMMISSIONER HENNING: Okay. That's what they're addressing today at the legislature or the special session. There's no need to have this on our priority list because it's going to be addressed in the special election. So I would recommend just removing that. CHAIRMAN COLETTA: In may, I don't agree. I'll tell you why, it would be great to have something that's happening up there that we're in agreement with. CHAIRMAN COLETTA: Well, you know-- COMMISSIONER COYLE: It will change before you get to the CHAIRMAN COLETTA: Yeah, that might be the poison pill. Go ahead, Commissioner. COMMISSIONER HENNING: Well, we don't know exactly how it's going to be worded or anything like that. Why don't we wait on that and voice our concerns or support to the legislation delegation at an upcoming meeting. And by the way, we'll have another meeting coming up, and we'll know what that issue is and we can talk to them and tell them how it affects and how it doesn't, or we like it, we don't like it, whatever. CHAIRMAN COLETTA: Well, we should keep it on until that point in time, and then take it off. Page 192 October 23-24, 2007 MR. MUDD: Or you can put it -- something on there that says, if it's on the special election ballot, then drop it from our list because it's going to get voted on by the taxpayers of the State of Florida. And if it's not on the list, you come back and you say you support it, and then they can take it up at some kind oflegislation or an election in 2008. MS. WIGHT: And in may, the latest to come out of the Senate was full portability up to $1 million, and the House was the same, but that may change. COMMISSIONER HENNING: That may change. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: The only way that I would support portability of homestead is that it would have to remain in the home county. I believe that it would be a real detriment to other counties, such as rural counties that have a -- really have a low tax base, and I've got a problem with that whereby somebody could sell their home in Collier County and then go to one of those rural counties, and I think it would mess things up. So I would only just go along with portability in the home county that it originated in. CHAIRMAN COLETTA: Well, let's try to firm our direction up. Are we going to bring this up or we going to wait to see what direction that it takes in the next couple of weeks, if it's going to go on the ballot or not? COMMISSIONER HALAS: Yeah. I just wanted to chime in and give my two cents' worth, so -- CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: -- whatever the rest of the commission would like to do, I'll go along, but I just want to put that on the record. CHAIRMAN COLETTA: Well, your two cents is appreciated, and we'll give you some change back in a little while. COMMISSIONER HALAS: Good. CHAIRMAN COLETTA: Commissioner Coyle? Page 193 October 23-24, 2007 COMMISSIONER COYLE: Why don't we do this? We'll know -- by the time we have our legislative workshop, we'll know what they have done in the special session. If they have done nothing with respect to portability, then we can make our preferences known at that time. And I also personally support Commissioner Halas's position that it should be within the county rather than between counties. But we can always bring it back up at -- the week we have -- after the special session. Can we agree on that? CHAIRMAN COLETTA: Yeah, I think we can. MS. WIGHT: It's November 2nd. CHAIRMAN COLETTA: Let's move on to the next item. MS. WIGHT: Okay. Partial year assessments. COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Yes. Do I hear no? COMMISSIONER HENNING: No. CHAIRMAN COLETTA: Okay. Any other nos? (No response.) CHAIRMAN COLETTA: So we've got four yeses or just silence. Come on, some direction. A little more enthusiasm. Yes or no, Donna? COMMISSIONER COYLE: I think you've got enough to do that one. That's-- MS. WIGHT: Yes. COMMISSIONER COYLE: You're going to have to start thinking of something to fill the voids in property taxes if the legislature continues its current pace. COMMISSIONER HALAS: Direction. MS. WIGHT: Move on to real estate transfer fee. COMMISSIONER HALAS: Yes. MS. WIGHT: Okay. MR. MUDD: Commissioner, the reason that's here -- and just so you know -- this provision was included in a general bill offered Page 194 October 23-24, 2007 during the 2007 session. Unfortunately the provision was tied to the capping of impact fees in the same bill. It was Senate Bill 532 which contained the real estate transfer fee tied to the cap on impact fees. It died in committee last regular session. The provision was not filed as a bill for 2008 as of this time, and Senator Bennett was the champion of that particular issue last seSSIOn. COMMISSIONER COYLE: He was the champion of capping the impact fees. MS. WIGHT: Right. COMMISSIONER COYLE: The real estate transfer fee was actually a poison pill, okay, and that's why it wasn't -- and you can correct me -- and that's why it didn't get out of committee. Okay. I'm sorry. Go ahead. COMMISSIONER FIALA: Could -- I want to hear that explained, could we? CHAIRMAN COLETTA: Sure. Keith, did you want to brief us on this, and introduce yourself to everyone. MR. ARNOLD: Sure. For the record, Keith Arnold, and I represent your interests in Tallahassee as your government affairs liaison. Commissioner Coyle's correct that Senator Bennett really, his principal mode or his principal objective was to do away with and reduce impact fees. He's made, certainly, no bones about that. He's been very, very clear in his political objective, along with the Florida homebuilders and others, have wanted to reduce impact fees. And, of course, often we were the subject of his criticism and we were the poster child in many respects for that effort. As a -- sort of an overture toward us he, in this bill, suggested that if we did, in fact, reduce or cap impact fees, that we could have a real estate transfer fee. Well, of course, the opposing organizations to -- generally to the real estate transfer fee are the Florida Board of Page 195 October 23-24, 2007 Realtors, and so it sort of pitted the realtors against the homebuilders and developers and, of course, when you have that sort of dynamics in Tallahassee, things tend not to go anywhere. And so I don't know -- I mean, again, you see that this has not been filed for the regular session in 2008. I think it is clear that Senator Bennett would like to reduce and have local governments rely on less impact fees for the local government financing. Something is likely to emerge from the legislature on impact fees this year, as it has for the last several years. We've been able to beat back all of those efforts, but I think if -- clearly your direction to me over the years has been to protect impact fees. I don't see this bill coming out in this forum this year, but I think you do need to have a discussion on the direction. I presume that you will give me the same direction as you have historically on impact fees, which is the preservation of your local control over impact fees and your local economy. CHAIRMAN COLETTA: Commissioner Henning, Commissioner Halas, then Commissioner Fiala. COMMISSIONER HENNING: Well, nobody has ever answered the question for me, and I'll give you an example. Steve Carnell's oldest child buys a lot in Golden Gate Estates and continues the tradition of the Carnell family, and he builds -- or he or she builds a house. There are no impact fees. There is no transfer of property when they build a house but yet they will fill that house, keeping up with the tradition. And that is the true impact of the need of government. You know, there is -- the only transfer you have is on the lot, but the real impact of government is when they build a house and fill it up with a bunch of kids. So nobody's even been able to explain who's going to cover that burden. I mean, a tax or a fee is really a tax, and it should be -- it should have some kind of a nexus to it, or my house has paid an Page 196 October 23-24, 2007 impact fee but yet when I sell it, it will pay another fee or a tax of the same thing. COMMISSIONER COYLE: If you have a transfer fee, if you have a real estate transfer. COMMISSIONER HENNING: If you have a real estate transfer. So I mean, where's the fairness of that? CHAIRMAN COLETTA: So you're saying you think the transfer tax is a better idea than -- COMMISSIONER HENNING: No, just the opposite. Unless somebody explains how you cover those issues, then I don't see where it's a fair tax. COMMISSIONER COYLE: Well, there's no way to escape the fact that it's an additional tax. There's no question about that. It is an additional tax. It's just that it is a substitute for charging people who are still living in their homes a higher property tax. So if you're going to reduce property taxes and you need to fill up a gap, you can't -- you don't want to -- you can't assess higher property taxes because of legislative restrictions, and you look for an additional source of revenue. Then you go to the real estate transfer fee and take it out of the proceeds of the real estate sale. So it is not a tax that is -- that is taxed all year long like property taxes are. It's only on an occurrence of a single event, and it's probably -- well, the only way you can characterize it is it's a gap filler. If you can't get the money from increased property taxes, that's another source of revenue. COMMISSIONER HENNING: I'm sorry. I thought it was to augment or replace impact fees. My apologies. CHAIRMAN COLETTA: Well, it could be both or either, it doesn't matter. COMMISSIONER COYLE: Yeah, that's right, both or either. CHAIRMAN COLETTA: I'm sorry. Keith, you want to add some points to this, and then I'm going -- sorry to make you wait. Page 197 October 23-24, 2007 MR. ARNOLD: Just one clarification. Staff and I met on this about a month, month and a half ago. And I think Commissioner Henning's characterization of this is exactly the proposal that we had contemplated presenting to you, and that is, is that if they do try to erode your ability to impose impact fees, that there would, in fact, as Commissioner Henning has suggested, be an offset for the loss of those revenues with the real estate transfer. So maybe a way for you to wrestle with this issue is to say that if there is no legislation which, indeed, erodes your local home rule authority on impact fees, then you're not out there proposing a real estate transfer tax. But if the legislature decides to do something in the area of impact fees, then you need to have the ability to offset without a real estate transfer fee. And then the final thing I would say, which again, staff brought to my attention, which I think is an important long-term discussion for you and for other policymakers is, as Florida builds out, impact fees are no longer going to be around unless Florida builds up. And so at some point there will, indeed, need to be other sources of revenue for infrastructure. And clearly, all counties right now are going to experience less revenue for impact fees because of the slowdown in the economy than they've had in the past, and that's a separate equation for you to, from a pubic policy perspective, to wrestle with. But I think at least -- and I want to make sure I characterize this correctly, Mr. Mudd, but I believe the discussion has been that we -- our position has been that if, indeed, the legislature tries to take away from your ability to impose impact fees, that there be a one-per-one offset with the real estate transfer fee. MR. MUDD: Yeah, you haven't misspoken. COMMISSIONER COYLE: If I could, Mr. Chairman? CHAIRMAN COLETTA: Yes, let's see. No, I'm sorry. I really do have to go in order. Page 198 October 23-24, 2007 COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Commissioner Halas, Commissioner Fiala, then Commissioner Coyle. COMMISSIONER HALAS: Keith, do you -- do you feel that the air up in Tallahassee's still prevalent in regards to eliminating home rule and also creating a problem with putting a cap on impact fees along with restricting ad valorem taxes? MR. ARNOLD: Absolutely. I mean, the House met yesterday, the House of Representatives, and they're contemplating some constitutional changes which, indeed, would take away from your ability to autonomously deal with property taxes, ad valorem taxes. It would impose restrictions on you. There are many proposals that are surfacing in Tallahassee, and they may, in fact, be done this week. Their goal is to be done a week from -- or excuse me -- by next Monday so that there will, indeed, be a constitutional amendment on the ballot on January the 29th, which would further take away your ability to impose ad valorem taxes. So the air is filled with those who would diminish local government's autonomy and take away from your ability to wrestle with these issues, so I see a further erosion of that power in the next week. COMMISSIONER HALAS: Okay. Since you've had experiences up there as being a state rep, do you believe that these people up there understand the impact that they're imposing on the 26 counties; if you restrict ad valorem taxes, if you restrict impact fees, doesn't that really put us in a possibility of a statewide moratorium because we can't make our -- meet our CIE? And a lot of counties at this point can't have -- can't meet their capital improvements element. MR. ARNOLD: I think the special session in May -- or June, excuse me -- on property taxes and constitutional amendments dealing with the property tax issue and the special session that is going on concurrent with this discussion proved to me that many of them, in Page 199 October 23-24, 2007 fact, do not know the full implications of what their initiatives and decision -- and decisions imply on local government. The reality is, is that local infrastructure needs will not go away just because you devise a constitutional amendment to put before the people of this state. It's going to put pressure on your other sources of revenue. But right now, as it sits right now, there are four or five major proposals in Tallahassee, one which would give a property tax relief to low-income seniors who, in this county, would pay zero property taxes, zero, however you define a low-income senior, up to the median prices of houses in Collier County. The median price of a home in Collier County is roughly 450,000, I believe, right now. And so low-income seniors could have a home valued at 450,000 and pay no property taxes in this community. There's another proposal which was passed last night by the House which would give a similar -- not as -- not quite as aggressive of a property tax relief -- to those who are first-time homebuyers. It would give 25 percent of that median for first-time homebuyers. Portability is in both the House and the Senate bill. It would allow full portability up to a million dollars to transfer anywhere in the State of Florida and also contained, particularly in the House bill, is a Save our Homes type proposal which would cap all increases in ad valorem revenues on all property to 5 percent, on all property, and that's in the House proposal that was passed last night. That's not in the Senate proposal. So it's a very fluid process right now, but within the next week, I would -- I would suspect that the legislature does conclude with this discussion, and at the end of the day, there will be a greater erosion of local home rule autonomy. CHAIRMAN COLETTA: That's the good news. What's the bad news? Just kidding. Page 200 October 23-24, 2007 COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Commissioner Fiala, then Commissioner Coyle. COMMISSIONER FIALA: So it's interesting, as they take more and more of our operating money away from us, take more and more and more of our home rule from us, they also pour more and more of the financial responsibilities upon us. Isn't that a cute picture, huh? Well, I hope everybody hears that. MR. ARNOLD: With fewer mechanisms to pay for that additional responsibility. COMMISSIONER FIALA: Absolutely, right. They've just taken them away from us, haven't they? My question is really going way back to what we were originally talking about, and that was -- and that was real estate transfer fees versus -- and we spoke of the impact fees. And I was wondering, if we were in favor of real estate transfer fees and if, indeed, that was something that passed, then that would certainly put in place the reduction or capping of our impact fees; isn't that correct? MR. MUDD: Only -- only if they decide -- you can decide to do that locally at your option right now, and if Tallahassee decides to do that, they could do it. So there's two ways that they could -- they could lower it. COMMISSIONER FIALA: But if we had one in place here, a real estate transfer fee in place here, then they would figure we wouldn't need the impact fees. I mean, stands to reason that's what they'd think. Well, now they've got that money coming in, they've decided to do this; now they don't need the impact fees. That's the way I interpreted it. I could be dead wrong, but it sure makes a lot of sense to me. CHAIRMAN COLETTA: Yeah. MR. ARNOLD: In may, Mr. Chairman, I think that's the correct interpretation. I think that's what Commissioner Henning was Page 201 October 23-24,2007 alluding to earlier, and I think that that is -- that, of course, was the design of this bill by Senator Bennett, and I think ultimately, at some point in most communities, impact fees will cease to be a reliable source of revenue because the counties are built out and real estate transfer fees become a more viable option for the long-term future of local communities. Is that today? Probably not. But is it a discussion that you need to be dealing with long-term? Probably so. But I think the issue before you -- well, first of all, you can form this issue any way you want to. Our recommendation, from a staff perspective, is that this county's position be that if the legislature decides to erode your ability to impose impact fees, that there is a one-per-one offset in your ability to impose real estate transfer taxes. COMMISSIONER FIALA: Okay. Now, the last thing is, with the real estate market as it is today and probably will be for at least another year, I feel that by imposing a real estate transfer tax, we probably won't get rid of the glut of homes that we have sitting on the market now because we're going to be charging them more. Maybe it would be more attractive to buy one of these thousands of homes sitting on the market right now that don't have any type of an impact fee being imposed on it because it's already been paid previously, and no transfer tax as well. And I'm hoping that that will work in favor of filling some of these empty places while some of the homebuilders are sitting back anyway not wanting to build any more because right now their investments haven't gone anyplace. Seems to make sense anyway. MR. MUDD: What we're basically saying to you is, if you get capped on your impact fees or they take them away in Tallahassee and you have a hundred-million-dollar void, you still -- you still have got concurrency rules that are very stringent that you'll have to meet, and if you're not getting ad valorem dollars because they're also capping those, the county's in a heck of a fix. And we're just basically talking Page 202 October 23-24, 2007 about a staff recommendation that says, if that happens to you, you need to have another -- COMMISSIONER FIALA: We need a fallback. MR. MUDD: -- you need to have something else in your toolbox in order to help you get out of that hole -- COMMISSIONER FIALA: Right. MR. MUDD: -- because right now you've got nothing to get out of it. COMMISSIONER FIALA: I agree, I agree, but I don't think we ought to be putting that plate on the table right now because I don't want to, in any way, entice them to say, well, they've already imposed a real estate im -- a real estate transfer tax, so we don't need any more impact fees. I feel that that's something we should keep in our quiver but not haul out at the present time. CHAIRMAN COLETTA: So what you're saying is you agree with the statement that was made earlier -- COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: -- not to erode the -- our ability to collect impact fees? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. Commissioner Coyle, we're going to go to you next, but before we do, you had an excellent article in the East Naples Civic Association Newsletter, and I think it addressed many of the issues that we're talking about here now. Possibly you could take just a few minutes to enlighten the audience. COMMISSIONER COYLE: Wow, gosh, I -- COMMISSIONER HENNING: Just email it to him. COMMISSIONER COYLE: Yeah. Maybe I could email it to him. Well, very briefly, but let me first address this issue of the transfer tax and the impact fees. There's a strategic point that has to be made here. The reason the legislation for the capping of impact fees Page 203 October 23-24, 2007 failed is because it contained a real estate transfer tax proposal. That's why I referred to it as a poison pill. It poisoned the legislation for passage because many in the real estate industry don't want to see it, so they lined up against it, against the bill. It is critically important that we continue to pursue the real estate transfer fee whenever there is a threat to the impact fee. You've got to have those together because it stops those who want to cap our impact fees by enlisting the support of people who don't like real estate transfer fees. It's not so much that we're looking for more money. We're trying to protect the interests of the taxpayers. So I think it's critically important that we give guidance that says, anytime anybody wants to increase or cap or decrease impact fees, we want real estate transfer fees as a replacement revenue for that. That's the strategy that we have to play out here, okay. And so that's why it's important to do that. Now, with respect to Commissioner Coletta's issue, I -- I did write the article. It talked about the budget problems at the state and the fact that we're the ones that, as the taxpayers of Collier County, are going to have to make up for the difference. You know, the state legislature spent most of their session this past year trying to tell us how we need to run the counties and forgot about their own budget, and then found out after their session ended that they had severe budget problems, so now they had to call a special session, and they're going to solve their budget problems by cutting our revenues and decreasing your quality of life. So what's happened is that their budget problems have become our budget problems, and that was the thrust of the article, and there were some other details there. But the point is that this is going to be a very, very difficult time. We're going to get hit really hard. You're going to see quality of life declining in Collier County. You're going to see less money doing things people want us to do because we're going to have to use the Page 204 October 23-24, 2007 money on things that have to be done. And we're not playing games with this. We're trying to do the best we can. But I'll tell you the honest truth, and I've said this before, I've lived in 11 states and 22 cities in my lifetime, and I have never seen a more efficient, more responsive government than we have here in Collier County or a more beautiful place to live, and our legislators do not care about that. They are motivated by one thing, and that is getting elected to their next position. And as long as they can tout the fact that they have given us the biggest income (sic) tax reduction in history, they're going to take that on their next campaign trail so that they can look good to the voters. That's what this is all about. They do not care about your quality of life. They do not care about how we spend money. It is only for their own personal benefit. So that's the end of my story. CHAIRMAN COLETTA: Okay. Now Commissioner Halas, we're going to go to you, and then we really have to get back to moving through this agenda or we're going to be dealing with this tomorrow. Commissioner Halas? COMMISSIONER HALAS: We're going to be dealing with this for a long, long time, but just let me make it very -- perfectly clear here, that the legislators up in Tallahassee have this idea that one size fits all, and every county in this state, 67 of us, have a different look and a different way that we want to be governed, and this is being taken away. It's being centralized up in Tallahassee. It's time that people understand what is taking place. Everyone likes tax cuts, but it comes to a point in time where the majority of these tax cuts are coming on the shoulders of us. And oh, by the way, there's one other thing. When they want to balance the budget and they can't do it, those are unfunded mandates that are sent down to us that takes -- absorbs more ad valorem taxes so that we can Page 205 October 23-24, 2007 make things right for the state. I think it's time that the people here understand what's really taking place here in all of this whole State of Florida. CHAIRMAN COLETTA: Very good. Okay. Let's go right to Commissioner Henning. COMMISSIONER HENNING: Yeah. I don't support this item. I think this ought to be removed. But let me just say, before it was fashionable to cut property taxes, I was saying that long ago. CHAIRMAN COLETTA: And someday we'll put it on your tombstone. Okay. Let's move-- COMMISSIONER COYLE: He's wishing that was pretty soon, I think. CHAIRMAN COLETTA: Let's get right down to this. We're going to have to move through it. Real estate transfer fees, yes, no. COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: No. COMMISSIONER FIALA: No, not now. CHAIRMAN COLETTA: Where were you? Commissioner -- COMMISSIONER COYLE: I'm for you -- I'm yes, it's an important issue. CHAIRMAN COLETTA: Okay. We've got three yeses to keep it on. Transportation funding tied to seat belt use. Yes or no? COMMISSIONER HENNING: Yes. COMMISSIONER HALAS: No. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Yes. Okay. Keep it on. 311 funding. Do you know what 311 funding is? Go ahead. MS. WIGHT: Okay. Commissioners, this bill was filed last session and defined the term, coordinated 311 non-emergency and other governmental services telephone system. To make it short, it's a Page 206 October 23-24, 2007 bill that there just wasn't enough funding for, and I'm not sure if you want to leave this on your priority list, but they died in the respective committees. COMMISSIONER COYLE: Who's going to pay for it? MS. WIGHT: This would be -- the governor said that there wasn't enough funding for it, so -- COMMISSIONER COYLE: Then let's not get it imposed on us. CHAIRMAN COLETTA: Let's not beat the dead horse. Okay. The answer's no. We've got three nos, four nos. Cameras at intersections to cut red-light runners. COMMISSIONER HALAS: Yes. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Two yeses. COMMISSIONER COYLE: I'm for it. CHAIRMAN COLETTA: Okay. Three yes, four yeses, okay. You got enough to make -- keep it on. Protect impact fees. Commissioner Coyle, Commissioner Halas. I think it's yes right across the board, isn't it, yes? COMMISSIONER COYLE: Yes. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: How about you, Commissioner Henning? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Unanimous, okay, great. Request changes in Florida Statutes to elect rather than appoint South Florida Water Management District governing board members. Now, this was something that I'd like to put in suspended animation for a while, and I'll tell you why. We got what we needed. Rather than saying, we're not going to do it anymore, it's still out there for somebody to resurrect some future day, so I'd like it removed in have my own personal choice, to be considered at some future date. COMMISSIONER HALAS: I'd like it kept on. Page 207 October 23-24, 2007 CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Well, I need to understand why you want it removed. I mean, what has happened? CHAIRMAN COLETTA: Well, it's because the objectives that I was aiming for, the ATV use, the issues of compensation for Collier County, it was a numerous number of ones that they came forward, they met with us, they worked out the issues, and it was -- this is the reason that brought them to the table. Now, I -- and I'll be honest with you. We -- Florida Association of Counties, even though individually when we brought it up everybody endorsed it, nobody took it to the next step to really push it forward. Now, it's something we could do, but if we're going to do anything, I would say, give it a year's rest and bring it back. That would be my own personal choice. COMMISSIONER COYLE: Well, I guess I look at it a different way. These people manage hundreds of millions of dollars of taxpayer money. I think they should be accountable to taxpayers. CHAIRMAN COLETTA: Yeah, I agree. COMMISSIONER COYLE: And if they're accountable to taxpayers, I think taxpayers can get them to be more careful about how they spend money and maybe even reduce their property taxes. CHAIRMAN COLETTA: Your argument is beautiful. There's just one flaw to it. It's not going to change, and these -- these are people that are going to base their decisions on what they do with Collier County upon how we go back to them. In other words, we're telling them, the board members that are going to be doing the appropriations for Collier County, that we want them out and we still want them to give us the cookie. And that's my only reason. If we're going to do it, we have to do it as a collaborative effort with the Florida Association of Counties. There has to be more support than just the support of this board. I don't want to be the red-headed stepchild on this one. Page 208 October 23-24, 2007 COMMISSIONER COYLE: I agree with that. COMMISSIONER HENNING: What color is his hair? COMMISSIONER FIALA: Red hair. CHAIRMAN COLETTA: I am red-headed, by the way, but I -- never mind. We won't go into that. COMMISSIONER COYLE: Well, can we say, let's push it through F AC? CHAIRMAN COLETTA: Yeah. I got no problem with that. We can at least inquire at F AC if there's interest to carry it forward. COMMISSIONER COYLE: Why don't we do that? CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: All right. COMMISSIONER HALAS: Tried to get it through last year, but it died. CHAIRMAN COLETTA: Well, there was a lot of interest, but we were supposed to bring it back this year to put it on, but we -- whatever. Address issues -- MS. WIGHT: If I may -- the consultants competitive negotiation act. And in may, this is the one that I was going to ask if you could have, ask if you could have Steve Carnell address. And the benefit, if I may, is to give local governments the ability to consider price when they choose to select architectural or engineering firms, whereas, now it's strictly based on qualifications. And if you could let Steve Carnell at least bring you up to date for a few minutes. If you remember last year, this was on your priorities list, and we said that this year we would go at it strongly. And he's worked hard over the last year networking with his peers and other professional groups and counties. MR. CARNELL: Yeah. Where we are, Mr. Chairman, members of the board, is we've gotten the endorsement of the Florida Association of Public Purchasing Officers, and we've also gotten Page 209 October 23-24, 2007 endorsements of the policy committees for the -- for F AC, Florida Association of Counties, and the Florida Governmental Financial Officers Association, the FGFOA, and we thank Crystal for her help in getting that orchestrated. And both -- in both of those situations we're going to their executive boards in November when they set their agendas for Tallahassee, and I think we're going to have support from the policy committees at large. We've also spoken to FAC's legislative director, and I had an opportunity to talk to him about how the process works, and I have a little better handle myself. We've also gotten the endorsement of the St. Lucy County Board of County Commissioners for this initiative, and that's where we stand at the present time with it. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I hope you didn't take offense to my humor, but I do wish your wife as many grandchildren as she wants. MR. CARNELL: She'll appreciate that. CHAIRMAN COLETTA: Lovely. Okay. Comments? COMMISSIONER HENNING: Sounds good. CHAIRMAN COLETTA: Yes. COMMISSIONER COYLE: Is it time for a break, yes? CHAIRMAN COLETTA: Yes, it is time for a break, but let's see if we can get through a couple more of these at least. Actually it's five o'clock, we've got another nine minutes. MS. WIGHT: Okay. Protect home rule? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: Yes. COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: Yes. MS. WIGHT: Okay. This was support any attempt for federal government to enforce immigration laws, Commissioners Coyle and Page 210 October 23-24, 2007 Henning. COMMISSIONER FIALA: And Fiala. CHAIRMAN COLETTA: Including state government? COMMISSIONER COYLE: That's exactly the point, yeah. Who was first? You were? Go ahead. COMMISSIONER HENNING: You sure? COMMISSIONER COYLE: Go ahead. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Go ahead. COMMISSIONER HENNING: Here's -- you know, this is a law that the federal government is in charged (sic) of enforcing and they have failed. I think -- and this is really a bold statement -- that the legislators or the State of Florida should sue the federal government for the loss of billions of dollars to the residents and taxpayers of the State of Florida for housing illegal immigrants in our jails, providing housing, providing medical care, the schooling. I mean, it just goes on and on and on. And I know that's a bold statement, but I think that somebody ought to step up and tell the federal government to enforce their laws. COMMISSIONER COYLE: My turn. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: I couldn't agree more. CHAIRMAN COLETTA: Yes. I was waiting to see -- COMMISSIONER COYLE: I don't think it's a bold statement at all. I think it's a responsible statement. And that's what I was -- but I was going to go in a slightly different direction, but I like that idea, too. I don't think we should phrase this as supporting any attempt for federal government to enforce immigration laws. I think we should leave out any attempt, or leave out for federal government. I would prefer to say support any attempt to enforce immigration laws because I think the state can do a lot with respect to this. Page 211 October 23-24, 2007 To give you an example, Guy Carlton, the tax collector, is doing a wonderful job with the driver's license screening and issuing process. He is detecting a lot of people with forged or incorrect documentation. They are identifying a number of illegal aliens as a result of that process. And the sheriff, in his joint task force efforts, has been doing a really good job of the same thing. So those are some examples of things we can do, that is a state can do, internally with or without the federal government's okay. And although I believe -- I would support strongly Commissioner Henning's position on suing the federal government, my feeling is that they're never going to do anything for a whole host of reasons. They're not going to do anything. And the more pressure we can bring on them on local and state government levels to demonstrate that we are doing something and we are, in fact, reducing the cost to our taxpayers will do a lot to get this changed, because the more success stories we have of that type nationally, the better off we'll be. So if I -- I would -- I would maybe make this -- turn this into two parts. Number one, encourage the State of Florida to file suit against federal government for revenues lost as a result of the government's failure to enforce immigration laws, and, number two, that the state legislature and the governor should mandate for every county in Florida the same controls that are being applied by Guy Carlton in Collier County and the same joint task forces that exist for Southwest Florida between the sheriff and the state and ICE. So if that would be acceptable to everybody, I'd like to see us do both of those things. COMMISSIONER FIALA: Absolutely, absolutely. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Okay. Any other comments on that? COMMISSIONER FIALA: I just want to commend Commissioner Henning for coming up with that. I think that is bold and it's unique, and it takes a lot of courage to come forward with that, Page 212 October 23-24, 2007 and I salute you for that. COMMISSIONER HENNING: Well, I think the community, or the residents in our nation, are very upset over this issue, and a lot of communities have attempted to take a stand. The liberal courts have thrown most of those out, and I think it's just time to make our legislature, or Washington D.C. take notice. COMMISSIONER COYLE: Yep. COMMISSIONER FIALA: I do, too. CHAIRMAN COLETTA: You might even want to carry this effort forward to the Florida Association of Counties, see if we can get their support, have that made as an issue for them to carry forward. They've got resources beyond what we have. COMMISSIONER COYLE: Well, you're talking about tough budget years, and we've already calculated costs in excess of $70 million a year in Collier County alone. So if we can -- if we can cut into that $70 million in a meaningful way, then we can save the people in Collier County a lot of money, more money than they're being saved through these phony tax schemes that are coming out of Tallahassee. CHAIRMAN COLETTA: Okay. Next item, before we go to it, we're going to take a break. We promised the court reporter every hour and a half we would do such, and then we'll be right back, and we'll get through this before the end of the day. Okay. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Commissioners, we're still on lOB. The next item is support county takeover from the state of the Collier County Housing Authority. MS. WIGHT: And that was Commissioner Henning's suggestion as one of the state legislative priorities, so I'd defer to Commissioner Henning to speak on that. Page 213 October 23-24, 2007 CHAIRMAN COLETTA: Sure. Commissioner Henning? COMMISSIONER HENNING: Yeah. I have a gentleman that has 60 units that he would like to convert into affordable housing for Section 8 people, and it's a -- it is allowable ownership; not rental, ownership. And he has tried to get the Authority together. They have failed to meet with this gentleman. For the last seven months he's been trying to do this. And I understand the Section 8, what they have. I think it's 400 and some Section 8 rentals, that they would lose income from those 60 -- if those 60 units were converted. And since then, he has contacted Fort Myers, and they're willing to administrate it to take off the administrative abilities. And it's my understanding that the Housing Authority would still receive monies and don't have to do anything and yet, they have failed to meet with this gentleman. Now, I understand that they're going to meet with him something like November 27th, but this issue with Fort Myers administrating it, the administrator of Collier County Housing Authority just needs to sign the agreement. And also my understanding the chairman could sign this agreement for Fort Myers to administrate it. And, you know, I think giving hands up through home ownership is a better thing than giving a hands out for subsidy of Section 8. And you know, the emphasis -- and it was said by a pillar in the Immokalee community that the Collier County Housing Authority was based upon housing for farm workers. Well, we have a need here in all of Collier County, not just parts of this section of Collier County for housing. And I would like to see Collier County take over the Housing Authority, ask the governor and the legislators to bring in the Housing Authority so we can have a cohesive housing program for all of the residents of Collier County. And that's why I'm asking. CHAIRMAN COLETTA: Okay. And I hear you, and I can tell Page 214 October 23-24, 2007 you that a meeting did take place over a month ago. I was there, John Norman's office, when I met with Armando -- what's his last name? COMMISSIONER HENNING: Bucello (phonetic)? CHAIRMAN COLETTA: I believe that's what it is, sir. And we had a discussion going, and he brought up some of the same issues you did. And at that point in time, I was fortunate enough to be able to get ahold of Estie (sic) from the Housing Authority and got her on the phone, and we went back and forth with a whole bunch of questions. And I thought it was a very good meeting. At least I had a better feeling of what was happening. I appreciate it. And you brought up some very interesting points; however, that's one side of the coin. The other side of the coin, I'd like to call up Estie at this time and have her give us a little overview of how this is working at this point in time, and then decisions can be made. MS. SERRA T A: Right, thank you. Just for the record again, my name is Essie Serrata, the Executive Director for Collier County Housing Authority. It hasn't been seven months, first of all. I think we got contacted by Mr. Bucello's representative who works for the Naples Resource Group sometime in -- was it late August -- late August. And I think the misunderstanding, they kept calling the Housing and Human Services Office and were getting misinformed of where to actually go. So they finally touched base with us in August. And just to kind of give you a little overview of what the Housing Authority has, definitely the Housing Authority was created back in 1966 by local farmers who wanted housing for farm workers, and that's how the Housing Authority was created. We are a countywide Housing Authority. We have two offices; one in Naples and one in Immokalee where we have a Section 8 housing choice voucher program. It's not rental housing. It's vouchers. It's basically a voucher that provides rental assistance to Page 215 October 23-24, 2007 low-income families in the county. And we administer the program for basically -- for HUD, which is Housing and Urban Development. Housing and Urban -- HUD has a -- basically they have a program which is called the home ownership program that they make available, and every county has -- every Housing Authority has -- basically it's their option if they want to administer a home ownership program. And how that works is basically you set aside a number of vouchers that you're willing to provide for home ownership. And the way the program works is, if that voucher participant is interested and they want to buy a home and we -- they meet the criteria, basically we provide their assistance towards their mortgage for 10 years. That's all the assistance is for, 10 years. They're responsible for the rest of the mortgage. Mr. Henning mentioned about us losing that voucher. Absolutely we would lose that voucher, basically taking it off the street to provide rental assistance to someone else on our waiting list. We have over 500 people on our waiting list. Every time that we open the waiting list for rental assistance program, we get over 500 applicants during the 30 days that we're open for rental assistance. So where we are now, we did try to attempt several times to meet with Mr. Bucello. He missed one of the meetings. I know that John Norman's office has tried to set up meetings with some of my commissioners. That has taken place. He put in a formal request to come to our -- for one of our board meetings. Well, we only meet four times a year. Our next meeting is in November. We've placed him on the agenda, and that's pretty much where we're at right now with Mr. Bucello. CHAIRMAN COLETTA: Is this money that -- or is this funds that you distribute, to both Immokalee and Naples? MS. SERRA T A: Countywide. CHAIRMAN COLETTA: And who does it go to; what's the Page 216 October 23-24, 2007 restrictions? MS. SERRATA: The restrictions is for low-income families that -- if they're rent overburdened, they never pay more than 30 percent. So it's 30 percent of the median income. CHAIRMAN COLETTA: Okay. Do they have to be -- do they have to be in this country legally? Do they have to be a citizen? MS. SERRATA: They have to be a citizen or permanent resident. CHAIRMAN COLETTA: Are they all farm workers? MS. SERRATA: No. Low-income families. CHAIRMAN COLETTA: Low-income families. MS. SERRATA: The majority of our participants in the Section 8 program live in Naples/Golden Gate, East Naples/Golden Gate, and North Naples. We've got about -- less than 40 families that are in Immokalee on this program. CHAIRMAN COLETTA: Now, the gentleman that's looking for assistance in your organization, you don't even know if you can provide it yet till you meet with him, but is it something that would fit in with your criteria? MS. SERRATA: We looked it up at this home ownership program about three years ago. We went actually up to the Miami office, which is the field office for us, to discuss the home ownership program. At that time because housing was extremely costly, the burden -- there was no money for administration costs. We decided that it was not feasible for us administer a home ownership program at that time. We have not looked at it since. Now, I know Fort Myers Housing Authority is looking at it now. They're having a workshop that's providing -- HUD's coming down to provide technical assistance, which we've been invited to and we've already RSVP'd to attend, to learn more ifthere's been any changes since we looked at it about three years ago. They're doing it because they have this Hope 6, which is -- they Page 21 7 .---... --'-'"" October 23-24, 2007 tore down some of their public housing, and they have all this funding that they're going to provide, which is a mixed community, and that's the reason they're looking at their home ownership program. CHAIRMAN COLETTA: Now, what they're looking to do to come into Collier County, would that impair your funding? MS. SERRATA: Well, each housing authority, their -- they have a jurisdiction. We have -- our jurisdiction is Collier County only. Lee County has their jurisdiction only in Lee County. CHAIRMAN COLETTA: I'm kind of confused. Well, why would it be suggested that they come to Collier County? MS. SERRATA: I don't know. COMMISSIONER HENNING: Because -- because the Collier County Housing Authority has failed to take action, and the lady that works for Mr. Patrillo used to work for HUD, and they got the information -- actually I got information from Congressman Mack's office that somebody -- some other housing authority can administrate this, but it still needs the signature of Collier County Housing Authority. I mean, we've had several elected officials throughout the State of Florida on this one issue, and you have the ability to have a special meeting, correct? MS. SERRATA: Absolutely. COMMISSIONER HENNING: Okay. MS. SERRATA: And we looked at doing that, but we actually-- we have five commissioners. One commissioner is actually out for the whole month of October in Utah, and we had one commissioner who's in the hospital, and then we recently had two commissioners that were just recently appointed. They have not been orientated at all. They were appointed just about four weeks ago. CHAIRMAN COLETTA: So you say this issue hasn't come up to you until August? MS. SERRA T A: This issue came to us at the end of August after Page 218 October 23-24, 2007 our board meeting in August. CHAIRMAN COLETTA: So there is interest to be able to communicate. We did have that meeting. I remember we had a nice meeting when we went back and forth over all the issues. And a little surprised, too, it was suggested that they -- that they were going to hold a special meeting on their own with the Housing Authority Board, wasn't even going to be sanctioned by you. I know at that point in time you were very fortunate, only one of your members showed up at that meeting. MS. SERRATA: Correct. CHAIRMAN COLETTA: So it provided -- it prevented any kind of problems with sunshine. There's a lot more here than meets the eye. I don't think this is an issue that I, for one, want to pursue at this time. I don't mind discussing it. I don't mind people from Fort Myers coming here and providing more affordable housing. I'll take anything I can get, and I don't care who the provider is; however, I don't know what we're supposed to do with this, and I think it's absolutely absurd to ever say that we should abolish this Authority, take it under the county. We can't handle what we've got now. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: I'll be glad to remove my objections if they deal with this issue. But from my understanding, they have failed. But, you know, we're not meeting the legislation __ we're not meeting with the legislation delegation until when? MS. WIGHT: November 2nd, one to four. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I agree, by the way, that home ownership usually brings in people who want to stay here permanently and usually take care of their property a little bit more. Page 219 October 23-24, 2007 A question was asked of you, are these legal -- legal residents, and you said they are -- they're citizens or permanent residents. MS. SERRATA: That's correct. COMMISSIONER FIALA: You didn't -- yes, but you didn't say if they're legal or not. MS. SERRA T A: Yeah. COMMISSIONER FIALA: You can be a permanent resident. That doesn't mean -- that doesn't mean you're here legally just because you're here permanently. MS. SERRA T A: That's considered a legal status, permanent residency. COMMISSIONER FIALA: Okay. Because we've seen people here 12 years who have lived here all those 12 years illegally. So is there something that qualifies these people for legal status? MS. SERRATA: I don't know in terms of -- they have a certain card that basically, on our requirements, that HUD -- they're requirements. And if they meet those qualifications based on the resident alien card that they have as permanent residency, yes, they do qualify. It's considered a legal status under HUD regulations. COMMISSIONER FIALA: And they have to present that residency card? MS. SERRATA: Yes. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Any other questions? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Would --let's assume that all the facts with respect to this gentleman who wants to provide the affordable housing, all the facts are true, all the things that have been said are true. Would you object to having the Fort Myers office administer that program? MS. SERRATA: We don't know if it's allowable. Would we Page 220 October 23-24, 2007 object? If it's something that we cannot do, then, absolutely, we would support Fort Myers Housing Authority. COMMISSIONER COYLE: Okay. MS. SERRA T A: To come back to your question, Commissioner Fiala, I just asked my staff person, who's the director of housing, we actually, under our Section 8 program, we're required to do immigration checks, verifications on-line, so we do -- check their permanent residency. COMMISSIONER FIALA: The legality? MS. SERRATA: Yes. COMMISSIONER FIALA: Right. Okay. That they're here legally? MS. SERRATA: Yes. COMMISSIONER FIALA: Okay, okay. That's very good. And you just answered Commissioner Coyle. Now let me see. MS. SERRATA: So this item's on our November board agenda. COMMISSIONER FIALA: Now you said that -- when he asked about this, if we don't have a program that assists people to purchase a home, if we only have a rental program in place in Collier County, can then Lee County step over the line and fill the gap that we are not filling ourselves? MS. SERRATA: Those would be details I'd have to find out. I'm not sure that that's allowable to really answer the question. We would definitely support Fort Myers Housing Authority if they wanted to do the home ownership component and allow families to be able to do that. COMMISSIONER FIALA: Yeah. Because right now families that would want to live in a permanent residence and that are here permanently cannot do that and own a residence through your program, nowhere. MS. SERRATA: No. We don't have any permanent units. We have our farm labor housing program, which are rental units that are Page 221 October 23-24, 2007 located in Immokalee, but in Naples or Golden Gate, we don't have any housing that the Housing Authority owns. Of course, they can always, you know, buy a unit, and we always -- I mean, we lead them towards home ownership, you know, through the SHIP program, down payment assistance, other programs that the county offers. CHAIRMAN COLETTA: Estie, I think we're losing some points here. MS. SERRATA: Okay. CHAIRMAN COLETTA: What the discussion is also -- I mean, there's many different facets to this, but one part of the discussion is, home ownership versus rental. That's one of the biggest subjects that keeps coming up. Now, no one doubts that home ownership is a truly essential part of the American way of life; however, how many things are there to be able to help people that are -- need rental assistance? We have a tremendous amount of population that will never be in homes. MS. SERRATA: Absolutely. CHAIRMAN COLETTA: And some day they might reach that point, but they're going to have to first be able to rent, they're going to first be able to take the availability of these federal dollars. Is there any program that if we took all your money and put it into just home ownership, is there any program out there that could fill the gap of what you're doing? MS. SERRATA: No. CHAIRMAN COLETTA: So in other words -- MS. SERRA T A: This is the only program that provides rental assistance for low-income families. CHAIRMAN COLETTA: Okay. Who provides low-income housing right now? I'm sorry. MS. SERRATA: For rental? CHAIRMAN COLETTA: No, no, just provides for home ownership? Page 222 October 23-24, 2007 MS. SERRATA: Some of the nonprofits, like the Empowerment Alliance. Of course, you know, the newly created HDC for Collier County, that's one of their goals to provide some -- CHAIRMAN COLETTA: Habitat for Humanity? MS. SERRATA: Habitat for Humanity. CHAIRMAN COLETTA: And so there is a mechanism out there, even though none of these measures are sufficient? There is a need that far surpasses the resources that are out there. MS. SERRATA: Yes. CHAIRMAN COLETTA: The resource that you're using, ifit suddenly was flipped over to just home ownership, these people would be at a total loss and they couldn't -- they wouldn't be able to find -- MS. SERRATA: That's correct, sir. We only have 440 vouchers for our total-- whole county, and to reserve -- set aside 10 vouchers or whatever that number the board agreed to for home ownership, I mean, they would be lost to Collier County and there would be no other entity or program available to assist them with rental assistance. CHAIRMAN COLETTA: Now, is the entity we're talking about now interested in what you might be able to do to provide home ownership? Is this a nonprofit or is this a private concern? MS. SERRA T A: This is a private developer. CHAIRMAN COLETTA: And what happened? This private developer obviously went in for a different direction and something went wrong with the direction. Do you know what might have -- what happened to get to this point that he's asking for assistance? MS. SERRA T A: I can only assume that he has a property that, my understanding, he turned condo conversion back in 2005, and he's unable to sell his units. CHAIRMAN COLETTA: Okay. So we got some very interesting situations here of a public entity out there, board profit organizations that finds themselves in a desperate situation and wants to tap into the public dole to try to better themselves. I rest my case. Page 223 October 23-24, 2007 MS. SERRATA: Absolutely. And I mean, if we were -- if the community was pushing us to -- COMMISSIONER HENNING: It's a board of five. MS. SERRATA: -- have a home-- COMMISSIONER HENNING: Board of five. MS. SERRATA: -- ownership program, then, you know, it would be something that we would look at further. But to have a developer try to force our hands to develop a home ownership program that he would benefit for (sic) us, I just -- right now, I'm not going to -- CHAIRMAN COLETTA: And I tell you for a fact, I sat in on the meetings, I've dealt with this gentleman. He is a very driven person. He borders on arrogant, and I said that to him when I left the last meeting, the way he was acting in front of -- on the phone with you, the way he was demanding, the way he was dropping names; Charlie Crist, he knows. He knows the head of the -- head of the HUD authority in Washington, D.C. This is a very driven person, a very big person in the political world. He has tremendous amount of influence and he's trying to wheel this influence for his own best use. And I'm sorry I had to lay that out the way I did, but sometimes it's absolutely necessary. Commissioner Henning next. COMMISSIONER HENNING: Thank you. It is a board of five. I'm not going to defame somebody's character or participate on a feeling. We're here to make good judgments for all the residents. Essie, if you have 440 units, and say you converted 10 of those into home ownership, you would lose 10 rental vouchers, correct? MS. SERRATA: That would be correct. COMMISSIONER HENNING: Right. And that's my point is, I'd rather give them the American dream by hands up. And if you can take 10, or 60, of those 440 in home ownership, you've just taken -- given somebody something that everybody is searching for. Page 224 October 23-24, 2007 I'm sure you own your own home also. And it's not my philosophy, my party's philosophy, and if somebody, a businessman, finds an opportunity which Collier County doesn't know about, so what? Is he going to make some money on this? Maybe. Maybe that is the American entrepreneurship in the United States. And, boy, I hate to slam somebody just because he was a businessperson. I won't participate in it, and I think that we should take it over. It is a Collier County Housing Authority. CHAIRMAN COLETTA: Commissioner Halas, and I think that Keith has something he wants to offer us. But you want to go first, sir? COMMISSIONER HALAS: Yeah. I'm just wondering if this had something to do with this Memorandum of Understanding that I believe a commissioner directed the housing person to address on this. COMMISSIONER HENNING: Well, Commissioner, I had a misunderstanding, or we had a misunderstanding. Now you have a memo from me correcting that. COMMISSIONER HALAS: But I believe the stuff needs to be directed through the county manager and not directly through somebody else. COMMISSIONER HENNING: I gave it to somebody -- what's my letter say? COMMISSIONER HALAS: Well, your letter says -- I'm just saying what's there in regards to -- COMMISSIONER HENNING: What's my -- why don't you read -- COMMISSIONER HALAS: I, at no time, directed you to do anything or take any action. CHAIRMAN COLETTA: Does that have something to do with what we're doing now? COMMISSIONER HALAS: Well, I was wondering ifit does. It sounds to me like it does. CHAIRMAN COLETTA: I don't want to get too far afield on it. Page 225 October 23-24, 2007 It might be an item we might want to handle under communications. If it directly has bearing upon this, then go ahead and offer it up. If it doesn't, let's let that lie at this time. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. Mr. Arnold? MR. ARNOLD: Thank you, Mr. Chairman, members of the board. I think it might be helpful to crystallize this issue before you. I am personally not familiar with the local dynamics of the issue you're debating right now regarding the local developer who would like to convert these units, but the legislative issue that's before you is whether or not this board wants to change the method of appointments to local housing. And right now, city housing authorities are appointed by the Marrin (sic) City Council. County housing authorities are presently the -- the board members are presently appointed by the governor. Irrespective of what action you take today and direct me to support in Tallahassee, I'm not sure it even remotely gets at the heart of the issue you're discussing, which is federal Section 8 housing, which is governed by federal statutes irrespective of who the board members are. And I don't pretend to understand all the dynamics of Section 8 housing, but I think the issue, as Commissioner Henning has brought before you, is one of governance. Do you support changing the law to allow a different methodology of appointment, which would take a general change in law and/or special act of the legislature, which, you know, obviously we haven't remotely even floated this by the local delegation at this point. But, Commissioner Henning, did I frame that correctly? COMMISSIONER HENNING: That's correct. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I think if we're going to be consistent here, we would almost have to ask that any appointments to Page 226 October 23-24, 2007 local boards and organizations be done by elected officials in Collier County rather than by someone in Tallahassee. I, quite frankly, am tired of people in Tallahassee telling us how to do things in Collier County, determining who sits on our boards, who spends our ad valorem property taxes. And I understand these funds are largely coming from federal government so -- but the point is, who has a better feel for what the people of Collier County need or want and who should the members of a board such as this be responsible to? They should be responsible to the people of Collier County, not to somebody in Tallahassee. Now, if Tallahassee -- if our elected representatives in Tallahassee acted in a more responsible manner with respect to the needs of counties, I would not feel that way. But if we're going to agitate for members of the South Florida Water Management District to be elected here, then we should be looking to get all of the boards appointed and/or elected by the people in Collier County, and that's the way I feel about it. And I understand this other thing has clouded this issue a bit, but if we're going to be consistent -- CHAIRMAN COLETTA: May I offer you, sir, that that's not a bad idea. I have no problems with that. Abolishing the Authority is one thing and finding out who is going to be appointed to govern it, that's a whole different issue. MS. SERRATA: Commissioner Coletta, can I respond just to that? When there's a position available on our board, you know, it's posted, I guess, on the governor's website and applicants from Collier County -- because they must be a resident of Collier County to be -- and a registered voter to serve on the Housing Authority Board. They put in an application. When the governor reviews them, I know that they go through the local party delegation to receive recommendation from the local people to -- whether they -- the governor appoints -- makes that recommendation for appointment, and that's the process as I know it. Page 227 October 23-24, 2007 CHAIRMAN COLETTA: Possibly if we can't get them to change it that the commission could appoint the people, we could at least have the governor ask for our input on it. That might be another way. MS. SERRATA: That's correct, sir. CHAIRMAN COLETTA: Judging by how well we're doing in Tallahassee at this point in time, that might be something that would be more approachable than asking for that control totally. COMMISSIONER COYLE: Well, I wouldn't -- I don't feel comfortable about the recommendations made by the Florida -- by the local delegation. Our legislators work in Tallahassee. I know where they come from, and they don't -- they are not all necessarily elected by the people of Collier County. They might have a portion of their district in Collier County, but they're doing bus -- the people who are appointed are doing business entirely within Collier County, and I think they should be responsible to the people of Collier County. I think the commissioners should be able to appoint them, and I do not believe it should be left up to a -- a legislative delegation from Tallahassee to make these recommendations, because I don't trust them, make the proper selection for them. CHAIRMAN COLETTA: Where we going with this? COMMISSIONER COYLE: Well, I'm just saying, look, if there are three votes to put this on the agenda that says to our legislators, we want to have the right to appoint the boards of anybody who's spending money in Collier County or providing services to our residents, end of story. CHAIRMAN COLETTA: Okay. I can support that. COMMISSIONER HENNING: Instead of the governor? COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: How about you? Anyone else? COMMISSIONER HENNING: Sure. Page 228 October 23-24, 2007 COMMISSIONER FIALA: (Nods head.) CHAIRMAN COLETTA: Okay. Estie, you've been most helpful. MS. SERRA T A: Thank you. CHAIRMAN COLETTA: Thank you very much for being here today. You got that? I think that we -- let's see. What else do we have left? We have one left. MR. MUDD: Yeah, we got four. MS. WIGHT: Okay. The last one is monitor growth management developments. I can tell you that two shells bills have been filed by Senator Garcia related to growth management for 2008. It is expected that legislation will be offered by the Department of Community Affairs to further address growth management issues, transportation backlog, concurrency issues, impact fees, local compo plan exemptions will all be issues likely to come forward this session. The secretary of DCA, Tom Pelham, has indicated the department will introduce a significant growth management proposal this session. And we did hear that, Commissioner Halas and I, at the Florida Association of Counties conference. There was quite a deal of conversation about that. So if you have any questions. COMMISSIONER FIALA: I do. CHAIRMAN COLETTA: Yes, I'm sorry. Go ahead, Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: Yes, I certainly do, and that is in regards to concurrency. I think we have a good concurrency plan in place, and I think it's a good guide as we move forward with our development. It's a smart growth way of addressing growth. And I don't want to see it lost. Right now we have to have infrastructure in place before we allow people to take occupancy, and I don't want to lose that. Page 229 October 23-24, 2007 MS. WIGHT: Okay. So you are saying yes, is that a vote to continue to monitor? COMMISSIONER FIALA: Absolutely, yes. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes? That was from before. CHAIRMAN COLETTA: Okay. Yes, that's fine. Did we exhaust the issue? MS. WIGHT: Five yeses? COMMISSIONER COYLE: I'm exhausted. CHAIRMAN COLETTA: Okay. Why don't we put it in the form of a motion that we adopt the changes that we made in the legislative agenda, and second it, and then we'll take a vote and we'll be all set. There won't be any doubts what we did. Commissioner, I seen you just bow your head up and down, Commissioner Coyle just made the motion. Commissioner Fiala nodded her head; she seconded it. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Thank you very much. MS. WIGHT: Thank you very much. Item #lOP Page 230 October 23-24, 2007 THE FY 08 CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1.481,000 - APPROVED CHAIRMAN COLETTA: Mr. Mudd, I really do want to make sure that I don't have to bring Dr. Colfer back here tomorrow. Let's go to lOF. I think it will take about five minutes. lOP, excuse me, lOP. Got to do it with the glasses on, Jim. MR. MUDD: Hang on. I'm just looking. 10, papa, I'll get it. We're at lOP. It's a recommendation to approve the FY-'08 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of$1,481,000. Mrs. Joan Colfer, your Director of the Collier County Health Department, will present. DR. COLFER: Yes, you already -- you already really approved this in your budget workshops. COMMISSIONER COYLE: Yes, that's right. DR. COLFER: Back in September. COMMISSIONER COYLE: And I was just going to give you an endorsement. You are one of the most responsible people we've got to work with on the budget. You do a wonderful job. I'm perfectly happy to move for approval. COMMISSIONER HALAS: Second. COMMISSIONER COYLE: And thank you very much for the fine job you and your office do. DR. COLFER: Thank you very much. MR. MUDD: So just so that the audience outside knows, our county piece is $1,481,000. And basically Joan brings in 10 times that amount of money in order to leverage for the budget of our health department, and that's basically what this pie chart says. You're the Page 23 1 October 23-24, 2007 best deal in Collier County. CHAIRMAN COLETTA: You are a very capable administrator. COMMISSIONER COYLE: Yeah. If you could just build roads now, it would be a lot better. CHAIRMAN COLETTA: Norm, we're putting her in charge of your department. MR. MUDD: Did we take a vote on that? DR. COLFER: Thank you very much. COMMISSIONER HENNING: What about the setbacks of the roads? COMMISSIONER COYLE: Yeah, that's right. CHAIRMAN COLETTA: Okay. With that we have a motion, we have a second. 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 unanimously. Okay. Let's keep going a little bit. Where are we going now, Mr. Mudd? What do we have out there that we don't want to come back tomorrow? Who do we have? Item #8D ORDINANCE 2007-66: AN ORDINANCE AMENDING THE Page 232 October 23-24, 2007 PROVISIONS OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 98, PARKS AND RECREATION, ALSO KNOWN AS ORDINANCE NO. 76-48, AS AMENDED, PERTAINING TO PARK USE; PROVIDING FOR ADDITIONAL DEFINITIONS IN ARTICLE III, SECTION 98-57; AND ADDING AN EXCEPTION TO SECTION 98-58, PROHIBITED ACTS - ADOPTED MR. MUDD: Let's do 8D and finish up your public hearings, okay, because it's advertised. COMMISSIONER HALAS: 8D? MR. MUDD: 8D. You haven't done 8D. CHAIRMANCOLETTA: 8B? MR. MUDD: 8D, delta. COMMISSIONER HALAS: Dog. CHAIRMAN COLETTA: 8D. MR. MUDD: That is to approve an ordinance amending the provisions of the Collier County Code of Laws and Ordinances, Chapter 98, parks and recreation, also known as ordinance number 76-48, as amended, pertaining to park use; providing for an additional definition in article 3, section 98-57; and adding an exception to section 98-58, prohibited acts. Fiscal impact none. This is a companion item to ION, and in this particular case, this ordinance specifically addresses alcohol use at Clam Pass. COMMISSIONER HENNING: Motion to deny. CHAIRMAN COLETTA: We have a motion to deny by Commissioner Henning. Is there a second? COMMISSIONER COYLE: Yeah, I'll second it. MS. FILSON: I have two speakers, sir. CHAIRMAN COLETTA: Okay. And we have a second by Commissioner Coyle. Okay. Let's go to the speakers. MS. FILSON: Doug Finlay. He'll be followed by Hunter Page 233 October 23-24, 2007 Hansen. MR. FINLAY: Yes. Doug Finlay, I'm a resident of Collier County. I've been involved in the issue of the Clam Pass concession contract for actually several years having spoken to this board at one time actually a couple years ago, the park and recreation board, and to staff, including Murdo Smith, and more recently, Barry Williams. First, I'm actually neutral on the issue of alcohol, so you're not going to get any real opinion from me on that issue. And second, despite what you may have read in this morning's paper, I am not opposed to the 12 percent of gross sales, should the commission go forward with the alcohol sales. My concerns have always been associated -- and this is in relation to the concession contract -- pricing and associated water sport rental rates at Clam Pass Park for Collier County residents. And I make that distinction between Collier County and resort guests. Historically pricing at Clam Pass Park on these issues has been geared towards affluent, four-star resort guests. This contract does address my concern with the -- by including in the contract kayak and canoe discounts for Collier County residents. Prior to this board reconvening after lunch, Barry Williams introduced me to Mr. Hansen, who you'll be hearing shortly, who is the manager of the Naples Grande Resort, and he and I had actually a productive conversation on the area of my concerns. And it was actually such a productive conversation that I can basically cross off the rest of what I was going to talk to you about. So I think all of the other issues that I have in relation to the contract which have to do with menu pricing and discounts for median income Collier County residents, that we want to make sure can enjoy the park, I think those concerns are going to be taken care of, so I basically have crossed off the rest of my speech, so thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Commissioners, I actually have four speakers, Page 234 October 23-24, 2007 because two registered under 8D and two under ION, and they're companion items. CHAIRMAN COLETTA: Okay. Please call them now. MS. FILSON: The next one I have is Hunter Hansen. He'll be followed by Brett Cohan. MR. HANSEN: Thank you very much. Good afternoon, Mr. Chairman, Commissioners, and Mr. Mudd. I'm Hunter Hansen, the Managing Director of the Naples Grande Resort. I'm here just to talk about if this moved forward, I want you to -- everyone to know that -- the seriousness we take to serving alcohol responsibly. We as a hotel require all of our servers to go through a certified class that is conducted from an outside vendor, not ourselves. We conduct those once a month; 275 of our associates have gone through this class. It is a three-hour session that talks about how to serve alcohol responsibly and what all the implications of that are, how to look for IDs, how to deal with people that may be approaching their limit, and the seriousness and responsibility of serving alcohol responsibly. We have a list -- I have a list of all the associates that have attended those classes. We treat it extremely seriously to our current resort now, which we would do if we were allowed to serve alcohol on the beach concession. Secondly, I think it's important as a corporate citizen to keep that beach clean. I would adopt that beach as companies do Adopt A Highway. We would adopt that beach to keep it clean, to keep it litter free and clean of any debris, and I want everyone to know that. So I would like to just go on record that, as a business person, serving alcohol responsibly is a key concern to me as a leader, and keeping that beach meticulously clean, we would adopt, own it, and take that responsibility. So thank you very much. I'll be happy to address any questions you may have. Page 235 October 23-24, 2007 CHAIRMAN COLETTA: There may be some questions shortly, sir, so don't go too far. MS. FILSON: Brett Cohan. CHAIRMAN COLETTA: Oh, yeah, I'm sorry, Commissioner Fiala. I didn't see your light on. COMMISSIONER FIALA: Just one. CHAIRMAN COLETTA: Yes, please. COMMISSIONER FIALA: Yes. Do you have insurance covering any activities on the beach that are generated by your hotel as well as if you sell -- if you sell alcohol to anybody who steps up, do you have insurance to cover all of that? MR. HANSEN: The agreement, Commissioner, does have extensive insurance language that was reviewed by both the county attorneys and our own attorneys, so yes, I believe Mr. Williams can address that, because his attorneys have reviewed that language. But the agreement does cover that language, yes, ma'am. COMMISSIONER FIALA: Okay. And you also have spoken together about making sure that everybody is of age. I know I talked with you on the phone about this -- but everybody is of age, and everybody is -- you know, they haven't had too much and, you know MR. HANSEN: Yes, ma'am. That's the certified course that we require all of our servers to attend, and we don't conduct this course. We conduct it through an outside vendor, and we require all of our employees that serve alcoholic beverages currently in the resort, but futuristically, if this were the case on the beach, you have to attend this class. It's a three-hour class and it's from A to Z on how to serve it, how to look for IDs, how to look for false IDs, how to, you know, identify blood alcohol content and things like that, yes. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Okay. MS. FILSON: The next speaker is Brent Cohan. Page 236 October 23-24, 2007 (No response.) CHAIRMAN COLETTA: Robert Leher? (No response.) MS. FILSON: That's it. CHAIRMAN COLETTA: Thank you. Okay. From staffs perspective, do you see this as a positive, negative, or a neutral? MR. WILLIAMS: Commissioner, for the record, Barry Williams, Parks and Recreation Director. From what we've heard and understood, you know, the ability to do this in public, ability to enjoy a cocktail at this particular location, there are very few opportunities for the public to do that. We think that Naples Grande is certainly a responsible entity. We are impressed by the fact that they have extensive training for their staff to identify people that may over consume, so we see it a benefit to the public. There are very few opportunities now for the public to enjoy the sunset with a glass of wine, is an example that I hear, so -- CHAIRMAN COLETTA: And I have no problem with that. My question would be, suppose this became a negative or a liability or it was perceived to be a bad thing because of some negative actions that take place? How long does our contract run and how could it be voided if we do run into something that raises serious problems? MR. WILLIAMS: Before I answer that, I just want to point out the item before you initially is the change in ordinance that would allow you to approve ION. So the contract, the agreement, 30 days written notice is my understanding of the lease agreement to get out of this arrangement if it did not meet the county's needs. CHAIRMAN COLETTA: Does the county attorney agree with that, that if we were not happy, that we'd be able to end this agreement within 30 days? MR. ZACHARY: Good evening. This is Robert Zachary with the County Attorney's Office. That's written into the agreement that Page 237 October 23-24, 2007 for cause we can terminate the lease. CHAIRMAN COLETTA: What determines cause? MR. ZACHARY: Give me a moment. CHAIRMAN COLETTA: Sure. MR. ZACHARY: Ifwe want to get back to that when we go over the lease at ION? CHAIRMAN COLETTA: Well, I've got a feeling we won't go much farther if we can't get these questions up front now. I mean, I don't know why we'd want to change the ordinance. MR. WILLIAMS: Mr. Chairman, in may read from the default and termination article. It states, if either party fails to comply with any of the material terms, conditions thereof, and such noncompliance not cured within 30 days after written notice is given, the non-offending party may terminate this agreement. Should the county, under the terms of this agreement, be entitled to declare lessee in default and terminate the agreement, then the county will revoke the privilege. So basically what it says -- and Robert, you can help me with that -- it's article 41, it's a 30-day. CHAIRMAN COLETTA: Well, let me give you a quick example. Suppose all of a sudden that one or more underage drinkers was arrested -- or they arrested people there for serving people underage. Would that be reason to be able to end the contract? Would that be considered cause? MR. ZACHARY: That would constitute reasonable cause to end the contract. CHAIRMAN COLETTA: Okay. How about loud and disorderly conduct? MR. ZACHARY: That's not allowed -- that's not allowed at all under this lease agreement. CHAIRMAN COLETTA: I know that, but I'm just making sure because, I mean, the worst thing we could ever do is put something in Page 238 October 23-24, 2007 place, then once it's in place, it can never be revoked, and that I don't want to see happen. MR. ZACHARY: The way this is written, we have that right if they're a disruption, if there's a material breach of the lease, then we could terminate this lease. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas. COMMISSIONER HALAS: Yes. The other concern I have is that I believe the Naples Grande would have 26 events. And could you explain what those events would be made up of, please? And the time frame that these events would take place. MR. HANSEN: Yes, sir. Hunter Hansen again. Yes, Commissioner. Part and parcel of the agreement was to allow the Naples Grande Resort to hold no more than 26 private events per year on a specified designated location which is north of the walkway of the current beach right now. Those would be for the private functions that the resort would cater an event to, be it a group or meeting that's holding a convention or meeting at the resort that would like to have a cocktail reception at sundown. COMMISSIONER HALAS: And what time would the time frame be? MR. HANSEN: Well, typically a group like that would like to see the sunset, so it would be -- they would start the function maybe a half an hour before sunset, or an hour before sunset, and watch the sunset. When the sunset goes down, really the party's over. Everybody really wants to go back home. COMMISSIONER HALAS: Okay. Would this entail loud raucous music? MR. HANSEN: No, Commissioner. Part of the agreement, it's clearly stated that there is no amplified music. I don't have the exact language -- COMMISSIONER HALAS: Okay. Page 239 October 23-24, 2007 MR. HANSEN: -- off the top of my head, but it's clearly stated that it was not disruptive to the noise ordinances -- MR. WILLIAMS: No steel -- MR. HANSEN: -- of the county. MR. WILLIAMS: No steel drums, no amplified music is the reference, actually. COMMISSIONER HALAS: Good. MR. HANSEN: We worked very closely with Barry Williams and Marla to work through the language. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Commissioner Henning, then Commissioner Coyle. COMMISSIONER HENNING: Mr. Williams, how many people do you know that have to have a glass of wine to enjoy the sunset? MR. WILLIAMS: Do I know personally? I know one. COMMISSIONER HENNING: Okay. So we're making this change for one person out of 325 -- CHAIRMAN COLETTA: No, count me in. Count me in. COMMISSIONER HENNING: Okay. Then you got two of them. How about if Joe six-pack from Golden Gate wants to bring his six-pack to Clam Pass. Is that -- is that allowed? MR. WILLIAMS: No. COMMISSIONER HENNING: No? COMMISSIONER HALAS: Joe six-pack can buy a drink there. COMMISSIONER HENNING: But Joe six-pack can't go to 7-Eleven and bring his own six-pack? COMMISSIONER COYLE: No. He goes to Naples Pier. COMMISSIONER HENNING: He can do that at Naples Pier? Without getting arrested? MR. WEIGEL: No. COMMISSIONER HENNING: No. Would you -- wouldn't you Page 240 October 23-24, 2007 say that this agreement is a substantial change because we're talking about different fees? Is there a reason why this didn't go out to competitive bid? MR. WILLIAMS: Well, I don't know that I can answer that question. I think what Naples Grande -- and we've enjoyed a long relationship with -- before Naples Grande, the Registry Hotel, and many of the improvements around Clam Pass have been a private/public partnership with that particular hotel. So it's -- they're a natural partner, given the fact of their location of the beach or in that particular location, so -- COMMISSIONER HENNING: So Naples Grande will most likely have this contract forever then? MR. WILLIAMS: Well, the terms of this agreement, I believe, is for -- COMMISSIONER COYLE: Ten years. MR. WILLIAMS: -- 10 years with the opportunity for additional five-year increments up to 20. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Does this agreement permit alcohol to be taken onto the beach? MR. WILLIAMS: Not -- only in the sense of the special events, the 26 special events that are defined. What Naples Grande would like to do is go 1,000 feet north. They will have special events -- and perhaps Mr. Hansen could better define what those special events might be, but that would be the only instance, those private party events of that nature. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: In may. I don't want to leave anybody with the mis -- the perception that alcohol is never allowed on county facilities. There are times when certain festivals take place or whatever; they do have beer sales. And also, I don't know, but I Page 241 October 23-24, 2007 believe, too, if they have private weddings or something they can -- MR. WILLIAMS: Golden Gate Community Center is the example that I would use. And the current county ordinance does allow the community center for certain events to have alcohol at that location. CHAIRMAN COLETTA: And has this been an issue for a number of years now when they do serve alcohol at those locations? I'm just -- and I know that's a terrible comparison between the two probably, but I have to make some. MR. WILLIAMS: Commissioner, I'm not aware of any instance related to that at that particular facility -- CHAIRMAN COLETTA: Okay. MR. WILLIAMS: -- due to alcohol. CHAIRMAN COLETTA: Okay. The special events, in may, also I sit as the chair of the TDC, and of course, one of the things we're always trying to do is to make sure that we have -- and I know this is going to give Commissioner Coyle heartburn -- sufficient amount of tourists to keep the local economy going, you know. And these special events that you're going to offer, would that be an enhancement to be able to make sure that we have a sufficient number to be able to maintain our economy in a way that's meaningful? MR. HANSEN: Well, currently, Mr. Chairman, we run the little trams from the parking lot to the beach, and our tram drivers keep a record. And we ask the passengers, are you a county resident or a guest of the resort. And on general, on average, we run about 60 percent, 60, six zero, percent of the passengers are from the public, and 40 percent from the resort. So it's not quite half, but 60/40. So that 40 percent comes from the resort. That's -- so the private events, if you will, are coming -- will be coming from that 40 percent basis point value. So that is -- it is an important feature for the resort, to be honest with you, to have a private event at the beach for our group or meeting Page 242 October 23-24, 2007 customers. We're currently at a competitive disadvantage to our neighbors up the street. So we're losing business because we cannot serve a glass of wine at a cocktail reception at sunset for IBM when they hold their meeting at the resort. They'll take their business and go elsewhere. CHAIRMAN COLETTA: And if Commissioner Halas and I showed up, you'd let us have a glass of wine and watch-- MR. HANSEN: With my compliments, Commissioner. CHAIRMAN COLETTA: No, we can't accept gifts. MR. HANSEN: But in could also say that I think -- and I've got a very good relationship with Barry, and -- of the parks, and with staff recommending this and with us proving to you that we're going to serve alcohol very responsibly and keep the beach very clean, I think this is a win-win for both sides, so -- CHAIRMAN COLETTA: Okay. Let's go back to Commissioner Henning. COMMISSIONER HENNING: Well, just to clarify. Your comparable, Joe six-pack can bring a six-pack for that special event or wedding. If somebody's holding a -- he's talking about the other facility. That is a part of that. So there's no -- unless there's a special event where the Kiwanis is having a beer fest -- if it's a wedding or some other event, Joe six-pack could bring it. CHAIRMAN COLETTA: I wish you wouldn't Joe six-pack. I mean, that was a -- one of the reasons I went after the City of Naples for, and we have a lot of people out in my particular area that drink other than beer from a six-pack. Some of them drink it from a bottle and use glasses. COMMISSIONER HENNING: Yeah, well, you know, I don't see that as a negative connotation. I think it's just the average Joe. CHAIRMAN COLETTA: But would the average Joe be able to come to your establishment and buy a beer? MR. HANSEN: Absolutely, that's part of the agreement is the Page 243 October 23-24, 2007 average Joe can come to the deck -- COMMISSIONER HENNING: You're -- that's not my point, and I think you realize my point, is, we're giving one person the ability to sell beer or wine or whatever on the beach whose hotel is not on the beach, but anybody -- any resident can't bring their own drink. I could bring water or sandwiches or stuff like that. Anyways, I'm not going to argue the point. CHAIRMAN COLETTA: No, and that's a good point that you make, Commissioner Henning, but then again, too, you can't -- Joe six-pack or whoever, can't take their bottle of wine or their beer just anyplace in the county and sit out on the curb and drink it. About the only place you can do it, in private residence, and that's about it. I mean, they're very strict about alcohol and where it's consumed. COMMISSIONER HENNING: Or Stevie Tomato's. CHAIRMAN COLETTA: I mean, it's just the way it is, or potatoes or whatever. In any case, here we are. We've got a motion for denial and we've got a second for denial. Let's go ahead and move this thing forward one way or the other. All those if favor of the motion for denial, indicate by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Okay. Do I hear a new motion? Motion failed. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COLETTA: Second? COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. We have a motion for Page 244 October 23-24, 2007 approval by Commissioner Fiala, second from Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. Let the record show that the vote was 4-1 with Commissioner Henning in opposition. Mr. Mudd, one more? MR. MUDD: We have a companion item to this one -- CHAIRMAN COLETTA: Okay. MR. MUDD: -- and it's ION, and that has to do with the lease, okay, this lease term. You just approved -- CHAIRMAN COLETTA: As quick as you can, because I do want to squeeze one more item into this - Item #lON RESOLUTION 2007-299: A LEASE AGREEMENT WITH LEHILL PARTNERS LLC (D/B/A NAPLES GRANDE) TO PROVIDE FOOD, BEVERAGE, BEACH EQUIPMENT RENTALS, AND WATER RECREATIONAL RENTALS AT CLAM PASS BEACH PARK AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - ADOPTED MR. MUDD: This is a recommendation to approve a lease agreement with Lee Hill Partners, LLC, d/b/a Naples Grande, to Page 245 October 23-24, 2007 provide food/beverage, beach equipment rentals, and water recreational rentals at Clam Pass Beach Park and approve all necessary budget amendments. It's a companion item to 8D. And Mr. Barry Williams will present. MR. WILLIAMS: Commissioners, again, for the record, Barry Williams, Parks and Recreation Director. The item before you is the lease agreement that would allow for the alcohol sales itself. The prior item that you just approved, 8D, was the ordinance change that would allow you now to enter into this lease agreement. COMMISSIONER FIALA: Motion to approve. CHAIRMAN COLETTA: Second. And I read the lease agreement and I thought it was complete. Motion by Commissioner Fiala for approval, second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And let the record show the vote was 4-1, Commissioner Henning in the opposition. Don't go. One real quick. Do 1 OQ. MR. ZACHARY: Mr. Chairman. CHAIRMAN COLETTA: Yes. MR. ZACHARY: This is Robert Zachary, again, for the County Attorney's Office. The way I wrote the amendment, the board needs Page 246 October 23-24, 2007 to do a resolution to approve the alcohol sales. So if we can reserve a resolution number, then I can bring that back for the chairman's signature. CHAIRMAN COLETTA: Resolution number? MR. WEIGEL: Yeah, what that is, Commissioner, is the resolution, consistent with the ordinance amendment that you've adopted, will direct and approve Marla to -- or the director, to provide the approval for the alcohol sales at Clam Pass Park only. CHAIRMAN COLETTA: Put the wording together so if A commissioner wants to make that motion, he knows what to say. MR. WEIGEL: Okay. The motion would be to the effect that the board approve resolution consistent with the ordinance of 8D and ION -- COMMISSIONER HALAS: lON. MR. WEIGEL: -- to provide for the director to allow for sale of alcohol with the -- at Clam Pass Park. COMMISSIONER HALAS: Motion to approve as stated by the county manager -- or county attorney. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Halas to approve and 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. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Let the record show the vote was 4-1 Page 247 October 23-24, 2007 with Commissioner Henning being the opposition. Item #10L RESOLUTION 2007-300: A RESOLUTION SUPERSEDING RESOLUTION 2003-195 AND ESTABLISHING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' PURCHASING POLICY FOR THE ACQUISITION OF LANDS BY THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - ADOPTED One real quick one, Mr. Mudd, and we're going to go through it lickety-split, lOQ, so we can get the people from Collier -- Conservation Collier so they don't have to come back tomorrow. COMMISSIONER FIALA: That's 10L. MS. FILSON: I don't have any speakers on lOQ. CHAIRMAN COLETTA: Oh, 10L, forgive me. COMMISSIONER FIALA: 10L. MS. FILSON: I don't have speakers on 10L. I have speakers on lOC, 10M and 11. CHAIRMAN COLETTA: Okay. I'm looking for the Conservation Collier one. Which one is it? COMMISSIONER FIALA: There she is, 10L. CHAIRMAN COLETTA: Which -- 10L, okay. Once again, got MR. MUDD: lOL, it's a resolution superseding resolution 2003-195 and establishing the Collier County Board of County Commissioners purchasing policy for the acquisition of lands by the Conservation Collier Land Acquisition Program. Ms. Alex Sulecki, your Senior Environmental Specialist, will present. MS. SULECKI: Good evening, Commissioners. For the record, Page 248 October 23-24, 2007 Alex Sulecki, Coordinator of Conservation Collier. What is your pleasure; would you like me to go through the executive -- COMMISSIONER FIALA: No, motion to approve. MS. SULECKI: Can I answer questions? CHAIRMAN COLETTA: We have a motion to approve by Commissioner Fiala. And a second by? (No response.) CHAIRMAN COLETTA: I think it's probably a little bit premature. I think we'll probably have to have -- COMMISSIONER HALAS: Okay. I'll second it. CHAIRMAN COLETTA: Oh. We have a second by Commissioner Halas. COMMISSIONER HALAS: I thought it was seconded by -- CHAIRMAN COLETTA: Okay. And with that, any questions on this? Did you have something you'd like to read into the record? Commissioner Henning, go ahead. COMMISSIONER HENNING: So this is a -- this is a new resolution, so we don't have the strikethroughs of the previous resolution? MS. SULECKI: No. It's the strikethroughs and additions verSIOn. COMMISSIONER HENNING: I don't see the -- I don't see the addition or the strikethroughs. Am I missing something? Do you see something? COMMISSIONER FIALA: No, I didn't either. MS. SULECKI: I have it in my copy, so I'm not sure what happened. COMMISSIONER HENNING: Okay. Well, I just don't know what's happening. MS. SULECKI: Well, I'd be happy to go through the changes. CHAIRMAN COLETTA: How many are there? Pretty Page 249 October 23-24, 2007 extensive? MS. SULECKI: No, not really. There's really two substantive changes, and then the rest are just insub -- nonsubstantive. COMMISSIONER HENNING: I'd like to know all the changes. CHAIRMAN COLETTA: Yes, please do. MS. SULECKI: Okay. Well, the first one is the change to section 2, and this basically incorporates some direction that was given to us in Conservation Collier regarding acquisition ofTDRs, and it outlines the direction that was provided by the board for those properties, for purchasing those properties, and says that in transfer of development rights, for properties within a rural fringe mixed-use district, sending lands property owners must do one of the following prior to the appraisal process: They need to either separate all four of the TDR credits resulting in a conveyance of the property to Conservation Collier or separate the first two credits and discount the resulting property value by the cost agreed upon by Collier County property owners to remove all prohibited exotic plants as identified in the Collier County Land Development Code, section 3.05.08. And then once all TDC credits are extinguished, the real estate services staff will proceed with ordering appraisals based on the extinguishing of those TDR credits. And I would just note here that this change goes through a portion of what the policy would be prior to doing an appraisal. The Conservation Collier Committee has made some recommendations which will be coming to you in November on the whole issue of conveyances and what we would do, but it's -- this is just one small section of it. The second substantive change is to add a section that deals with an unanticipated situation. Should -- and this is in section two four, and it adds a whole -- it adds four. It says that should the offer not be accepted by the owner within the 30-day acceptance period -- oh, Page 250 October 23-24, 2007 excuse me. That's one of the nonsubstantive changes, just giving us a time frame for the acceptance of the offer of 30 days, which we did not have before. Okay. And it also adds in that if the offer is not accepted by the owner, the county's offer for the property, and then the owner contacts the county before six months has elapsed from the expiration of the offer offering to sell the same property again, the same offer can be made upon certification of the existing appraisal by the county's real estate appraiser. So if it's under six months, appraisal's still good, he'll look at it and say, yes, this is still a good price, and we can go ahead with that. If more than six months have elapsed, this adds a policy that a new appraisal shall be ordered, but the owner needs to pay for that prior to the appraisal, and this was to avoid the operation where folks would come in and, perhaps, appraisal shop in different kinds of markets for properties. And we actually do have that situation coming up; not the appraisal shopping, but the situation where an owner has come back. And so this policy would help us to work with that situation. The other changes are basically nonsubstantive. They've tried to more align this with the county's purchase policy and further elaborate on, like in the very end, what -- the costs that the sellers are responsible for and the county is responsible for. CHAIRMAN COLETTA: Okay. Any questions? Commissioner Henning? COMMISSIONER HENNING: Yes. Shouldn't we include the RLSA in section 2A? MS. SULECKI: Well, right now we're dealing with another property in the RLSA, and what I'm discovering is that there may be some differences in the TDR policy and how it's considered and the RLSA policies. So I'm not sure that that would -- they would fit. COMMISSIONER HENNING: Well, when Mr. -- when you Page 251 October 23-24, 2007 came to us about your targeted areas, one was in that area, and Mr. Lorenz told the board that we'll make sure that it doesn't have any TDRs on the property before we go to acquisition. MS. SULECKI: For TDRs, yes. COMMISSIONER HENNING: Remember that? MS. SULECKI: But the stewardship credit program-- COMMISSIONER HENNING: Credits. MS. SULECKI: -- is a little bit different. COMMISSIONER HENNING: I -- well, no. He was talking about -- MS. SULECKI: The stewardship credits? COMMISSIONER HENNING: -- stewardship areas. I could find you the minutes, if you'd like. MS. SULECKI: Well, if you prefer, we could go away and come back with a policy that incorporates both of those. But each property will come to you for approval and -- the properties seem to have a lot of different circumstances involved with them, so you still have the final point of approval of that property given the circumstances. The TDR is a little more straightforward and straight cut than the recall lands stewardship portion, so that's why -- I guess we haven't -- we haven't really addressed it, because we know that you can make your consideration at the very end given all the relevant facts for property. COMMISSIONER HENNING: Well, this will give you guidance? This gives you guidance in order to bring -- MS. SULECKI: We have your guidance. We understand the direction. COMMISSIONER HENNING: Well, why are we passing this resolution then? MS. SULECKI: This helps us with the TDRs, the issues of the TDRs and several other issues in addition to the -- coming back for owners who have denied -- or not accepted our offer. Page 252 October 23-24, 2007 COMMISSIONER HENNING: Well, I would like to -- I mean, if it's going to be in conservation anyways, wherever the property is, if there's opportunities to sever any development rights, they ought to be done, and it's a better value for the program. MS. SULECKI: That might be the case, and then again it might be that property is in a very strategic location and you might want to make a decision about that based on knowing everything about the property. So I think if it's your desire as a board for us to have a firm policy for that, we can certainly do that. You still have control. And because all the circumstances are different, we've done it this way. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yep. You said you were going to be coming back in November with a few other things, a few other policy suggestions. Maybe you could include something like this and you could put some wording in, that ifthere's specific reason, you know, with the RLSA anyway, that we needed to adjust something or another, you might be able to work that in, but then that could satisfy Commissioner Henning's concern over that particular issue. MS. SULECKI: Well, the resolution we're bringing to you has to do with conveyances, and it goes a little beyond what's in here and talks about long-term management and how we're going to handle evaluating that kind of need. But we -- and that particular resolution is coming to you because we have some conveyances on tap. So I'm not sure if we'd have time in that resolution to change it, but we can certainly look at that and bring you something if that's your wish. (Commissioner Coyle left the hearing room.) COMMISSIONER HENNING: Yeah. Why don't you bring it back? But I also think it's important that maybe the three of us ought to talk to Bill Lorenz and when he was in charge or -- I shouldn't say -- you're always in charge Alex, but he was the oversight of you. I Page 253 October 23-24, 2007 mean, he was your direct boss. MS. SULECKI: I'm actually not in charge even now. COMMISSIONER HENNING: You're always in charge. Yeah, I'd like to bring it back to include that, and then maybe the three of us could sit down and -- so we all have an understanding. MS. SULECKI: Okay. We can do that. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. If we bring this back, will that in any way jeopardize what you're working on right now? MS. SULECKI: It will make a difference in how we view a particular property that is coming back to the commission, the committee, for evaluation of whether to reappraise it or not and how to handle those costs. So if no particular resolution is made or direction given from you here today, what will happen at that point is likely that the Collier County Conservation Land Acquisition Advisory Committee will make a presentation of what to do. And if it's under the threshold of the purchase policy regulations, they would make that decision. Here you would be making the decision; so they would make that decision. CHAIRMAN COLETTA: Is it possible that if we approve this today, that you might be able to bring it back with the additional parts later? In other words, be -- MS. SULECKI: Yes. CHAIRMAN COLETTA: -- able to give -- there's enough direction here, I think, that's based upon good practice, management practices; however, Commissioner Henning's brought up some very good points as far as the TDR and severing of them and the whole business to bring down the cost. That's -- rather than hold this whole thing up, would we be able to bring that back or -- would we be that much longer before we have to wait if we approve this today and then waited to bring it back? What's going to be -- MS. SULECKI: We can bring it back. We can bring one back. Page 254 October 23-24, 2007 And, in fact, we do have a property in our cycle that incorporates all these rural lands, stewardship credits issues. So yes, we can bring that back, that portion of it. CHAIRMAN COLETTA: That would be a separate issue from this right now? MS. SULECKI: It would. CHAIRMAN COLETTA: Okay. So right now we do have a motion for approval and we've got a second. And with that, is there any other discussion? Commissioner Henning? COMMISSIONER HENNING: I just think we can straighten it out and bring it back at the next meeting, but I'm not going to fight the Issue. CHAIRMAN COLETTA: Okay. With that, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. And with that, we will continue this meeting tomorrow -- or no, tomorrow at one o'clock, right, Mr. Mudd? MR. MUDD: Yes, sir, because you have Land Development Code at nine o'clock, and that's been publicly advertised. CHAIRMAN COLETTA: Right. MR. MUDD: So one o'clock this meeting continues in the afternoon, and your calendars have been cleared for at least two hours. CHAIRMAN COLETTA: And my apologies to those members of the staff that couldn't have their item heard today. COMMISSIONER FIALA: I'll be gone. COMMISSIONER HENNING: That's all right. I'll handle it for Page 255 October 23-24, 2007 you. COMMISSIONER FIALA: Okay. Thanks. COMMISSIONER HENNING: I have a question. Do we have a new LDC book that we're supposed to be dealing -- that we're supposed to have? MR. MUDD: No. I believe this is your second reading. COMMISSIONER HENNING: Okay. It's a third meeting of the second reading? MR. MUDD: Sir, you had the first two, and I think you went through, all the way through, and this is the second -- this is the second reading of the Land Development Code on that -- this is the second reading. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Thank you. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:18 p.m. and continued to 1:00 p.m. on October 24,2007. Page 256 October 23-24, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 23-24,2007 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 1 :00 p.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Frank Halas Fred W. Coyle Donna Fiala (via speakerphone) ALSO PRESENT: Jim Mudd, County Manager JeffKlatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 257 October 23-24, 2007 MR. MUDD: Ladies and gentlemen, please take your seats. CHAIRMAN COLETTA: Ladies and gentlemen, welcome back to the continuation of the October 23,2007, Board of Collier County Commissioners' meeting, and I believe, Mr. Mudd, we're going right to 9A. Item #9 A AWARDING CONTRACT 07 -4170 FOR COUNTY ATTORNEY RECRUITMENT SERVICES TO WATERS CONSULTING GROUP, INC. FOR $28,000 - APPROVED MR. MUDD: 9A, recommendation to award a contract, 07-4170, for county attorney recruitment services to water -- Waters Consulting, Inc., for $28,000. CHAIRMAN COLETTA: Okay. And is there anyone from staff or County Attorney's Office that's going to make a recommendation or MS. FILSON: I think Steve Carnell's here, if you have any questions. COMMISSIONER HALAS: Motion for approval. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: Yeah, second. CHAIRMAN COLETTA: Motion for approval by Commissioner Halas, a second by Commissioner Henning. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none -- is there any speakers on this? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. All those in favor, indicate by saymg aye. Page 258 October 23-24, 2007 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, Commissioner Fiala had to leave. MR. MUDD: 7B. COMMISSIONER COLETTA: I'm sorry. Next one, if you wouldn't mind, sir, we're going to hold that till -- MS. FILSON: Oh, there she is. CHAIRMAN COLETTA: Wait. Commissioner Fiala, are you here? MR. MUDD: Commissioner Fiala, can you hear us? CHAIRMAN COLETTA: Hello, Commissioner Fiala? (No response.) CHAIRMAN COLETTA: And Commissioner Fiala asked if we could put that off just a little bit so she could be here with us by phone, and at that time we have to also agree to allow it to take place, and we'll do it. In fact, why don't we get that out of way right now. Do I hear a motion to allow for -- recognizing unusual circumstances for Commissioner Fiala to attend the remainder of this meeting by phone? COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: I have a motion for approval, and I -- the smiling man over here, Commissioner Coyle, is making a second. And with that, any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. Page 259 October 23-24, 2007 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 4-0. And hopefully Commissioner Fiala will join us shortly. But she asked if we could hold that item off for just a little while until she's here because she wants to weigh in on it. I'd like to respect that wish. Item #9C RESOLUTION 2007-301: APPOINTING LT. GEORGE WELCH TO THE COLLIER COUNTY CITIZENS CORPS - ADOPTED MR. MUDD: Brings us to our next item, which is 9C, appointment of a member to the Collier County Citizens Corps. COMMISSIONER HALAS: Motion to approve Lieutenant George We1ch. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Halas and a second by Commissioner Coyle 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: (Absent.) COMMISSIONER HENNING: Aye. Page 260 October 23-24, 2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Item #9D RESOLUTION 2007-302: APPOINTING CHRISTINE JONES AND RE-APPOINTING KENNETH KELLY TO THE AFFORDABLE HOUSING COMMISSION - ADOPTED MR. MUDD: Next item is 9D, appointment ofa member to the Affordable Housing Commission. MS. FILSON: Commissioners, on this executive summary, I have the objective is to appoint one member; however, there's two vacancies, and they wanted to use the same applicants, and they gave me a recommendation for the second applicant, but I couldn't get it on the agenda before it went to the press. So do you want me to bring that back on a future meeting or would you like to consider that appointment today? CHAIRMAN COLETTA: I have no problem considering it today. How about the rest of you; how do you feel? Go ahead and just give it to us. MS. FILSON: Okay. The other one is Christine Jones. They would like to have Christine Jones appointed and Kenneth Kelly reappointed. COMMISSIONER COYLE: Motion to -- has the motion already been started on this one? COMMISSIONER HALAS: Nope. You're starting it. COMMISSIONER COYLE: Motion to approve the recommendations of the committee, Christine Jones and Kenneth Kelly. COMMISSIONER HALAS: Second. Page 261 October 23-24, 2007 CHAIRMAN COLETTA: Have a motion by Commissioner Coyle to approve the committee's recommendation, second by Commissioner Halas. Commissioner Henning, did you have a -- okay. MS. FILSON: And I'm also advertising for this committee for another resignation, so -- CHAIRMAN COLETTA: Okay. MS. FILSON: Thank you. CHAIRMAN COLETTA: Got a little bit of a turnover, huh? MS. FILSON: Yes. CHAIRMAN COLETTA: There is no speakers on this item? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. Any other comments, questions? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) . COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Item #9E RESOLUTION 2007-303: RE-APPOINTING NANCY L. LASCHEID AND APPOINTING VICTORIA DINARDO TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL - ADOPTED Page 262 October 23-24, 2007 MR. MUDD: Next item is 9E, appointment of members to the Emergency Medical Services Advisory Council. MS. FILSON: And Commissioners, on this one, this is for one reappointment and one new appointment. And for Nancy Lascheid, I have her on the executive summary as her term expiring on August 31, 2009. That should be 2010. COMMISSIONER COYLE: Motion to approve the recommendations of the committee, Nancy Lascheid and Victoria DiNardo. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion for approval by Commissioner Coyle and a second by Commissioner Halas. Any discussions? (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: (Absent.) COMMISSIONER HENNING: Aye. (No response.) CHAIRMAN COLETTA: Opposed? And the ayes have it, 4-0. And I assume that if we do have any speakers on any of this, you'll be kind enough to interpret me. MS. FILSON: Yes, sir. There are no speakers on item 9 at all. CHAIRMAN COLETTA: Okay. Item #9F RESOLUTION 2007-304: RE-APPOINTING ELIZABETH M. PERDICHIZZI TO THE HISTORICAL! ARCHAEOLOGICAL Page 263 October 23-24, 2007 PRESERVATION BOARD - ADOPTED MR. MUDD: Next item is 9F, appointment of a member to the Historical Archaeologic Preservation Board. COMMISSIONER COYLE: Motion to accept the committee recommendation, the appointment of Elizabeth Perdichizzi. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle, a second by Commissioner Henning to accept the committee's recommendation. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Item #10A THE COLLIER COUNTY WATER-SEWER DISTRICTS IRRIGATION QUALITY (IQ) WATER POLICY AND ON THE BASIS OF THAT POLICY AUTHORIZING STAFF TO DEVELOP AN IQ WATER MASTER PLAN AND PERFORM AN IQ WATER RATE STUDY - APPROVED MR. MUDD: Commissioner, that brings us to lOA, and it's a Page 264 October 23-24, 2007 recommendation to approve and adopt the Collier County Water/Sewer District's irrigation quality IQ water policy and, on the basis of that policy, to authorize staff to develop an IQ water master plan and perform an IQ water rate study. Ms. Beth Johanson -- yeah, Johanson -- Johnssen, your wastewater irrigation quality manager, will present. MS. JOHNSSEN: Good afternoon, Commissioners. My name is Beth Johnssen, Irrigation Quality Water Manager. As Mr. Mudd indicated, today we're asking the commission to approve and adopt the Collier County Water/Sewer District's aeration quality water policy, and on the basis of that policy, to authorize staff to develop an IQ water master plan and perform an IQ water rate study. Would you like me to go ahead with the presentation or do you have any questions? COMMISSIONER HENNING: Just one question. CHAIRMAN COLETTA: Yes. Go ahead, Commissioner Henning. COMMISSIONER HENNING: The policy that you're going to adopt, is it going -- is the charges for -- the irrigation water is going to be after the retention ponds of the -- for the sewer water, you know, the -- you don't call them retention ponds. You call them -- MS. JOHNSSEN: Storage ponds. COMMISSIONER HENNING: Storage ponds. Is that policy that you're going to set? MS. JOHNSSEN: The master plan will determine the rates that will be applicable. Depending on the customer classification, the charge mayor may -- may come before storage or may come after, depending on the type of service we're providing to that customer. COMMISSIONER HENNING: Oh, that's interesting. Well, give me an example of what you would charge before and after. MS. JOHNSSEN: Our bulk storage customers, the ones that we Page 265 October 23-24, 2007 provide a lump sum of water to, are charged 31 cents per thousand gallons. Customers that may receive what we call pressurized and distributed water is -- the charge is 78 cents per thousand gallons. And the difference comes that -- in the fact that we may store it for them and then send it to them pressurized and distributed. COMMISSIONER HENNING: Okay, thanks. Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, seconded by Commissioner Coyle. Any discussion? (N 0 response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you very much. MS. JOHNSSEN: Thank you. Item #10C A REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING A POSSIBLE CHANGE IN THE COUNTY'S ORDINANCE TO REFLECT AN AMENDMENT TO FLORIDA STATUTES REGARDING THE USE OF ALL TERRAIN VEHICLES (ATVS) ON CERTAIN UNPAVED ROADS IN THE Page 266 October 23-24, 2007 COUNTY - BRING FORWARD AS A FUTURE AGENDA ITEM ON A FUTURE BOARD MEETING WITH RECOMMENDATIONS - APPROVED MR. MUDD: Commissioner, the next item is 10C. It's a report to the Board of County Commissioners concerning a possible change to the county's ordinance to reflect an amendment to Florida Statutes regarding the use of all-terrain vehicles, A TV s, on certain unpaved roads in the county. Mr. Bob Tipton, your Traffic Operations Manager, will present. MR. TIPTON: Good morning, Commissioners. For the record, Bob Tipton, Director of Traffic Operations. The original A TV statute passed in 2006 required that the county allow A TV s on all roads or prohibit them on all roads, creating an all-or-nothing situation. Collier County passed a resolution in 2006 to prohibit A TV use on county roads. In 2007 the statute was amended to address the all-or-nothing. The amended statute allows the county to designate specific unpaved roadways for A TV use without requiring countywide use. Given the change in the statute, the board tasked the transportation division to identify any unpaved roadways that might be appropriate for A TV use. The criteria used by staff was that the roadway not have residences and that they be at least a half mile long to allow room for both riding and for parking the vehicles that are used to tow the A TV s to the site. It should be noted that our review was performed based only on traffic issues. A search was made of the road maintenance department's database of limestone roads to find those without residences on them. The search identified 34 locations, of which only three were a half mile or more long in length. Page 267 October 23-24, 2007 One of these is 36th Avenue Southeast near the old Ford Motor test track off of DeSoto. 34th Avenue and 38th Avenue on each side of the segment do have residences on them. The other two road sections identified were 41st Street and 43rd -- 41 st Avenue and 43rd Avenue Northwest, just west of Wilson Boulevard, just north of Twin Eagles. All three of these locations are lined with vacant residential lots so we have to presume that houses could be built anytime on these roadways. An area further from the populated portion of the county is Wagon Wheel Road maintained by Collier County. There is a section running five miles between Birdon Road and Turner River Road in the Big Cypress National Preserve. The adjoining land is federal property, and the roadway is open to general traffic within the preserve. We also looked at locations that are not county maintained. A well-known roadway is Jane Scenic Drive, approximately 10 miles long, located within the Fakahatchee Strand State Preserve. It is apparently no longer maintained by anyone. I drove it. An obvious area with many unpaved roads without residences, of course, is the former south blocks area of Golden Gate Estates. This area was formerly maintained by the county but is now a part of the Picayune State Forest. Destined to eventual flooding, roads in most parts of the forest are currently still in fair condition. This area was formerly utilized by many A TV riders, but they are no longer allowed in the forest. Forest rules prohibit any off-road vehicles but allow motor vehicles on named and numbered roads. Our study results show that Collier County is filling in. There are very few unpaved public roads with no residences, and most of those are on state and federal lands. The trouble with utilizing state or federal land, that we would presumably need permission from the operating agency in order to install the warning signs on their land. Such warning signs are required by the statutes to mark areas where Page 268 October 23-24, 2007 A TV s are allowed. Staff recommendation is to maintain the prohibition of A TV s on county roadways with residences or the possibility of residences in order to avoid traffic conflicts; however, if the board wishes to modify the existing ordinance in any way, we stand ready to assist by advertising the required public hearing, and then in posting the requisite warning signs. CHAIRMAN COLETTA: Thank you. I think that was a very good presentation. And you outlined some of the problems that we're going to incur, and I also assume that it's going to require some more maintenance to the roads that are used for this purpose; however, this is something that's been very, very important to the Collier County Commission. Mike Davis worked with us directly last year, and it was one of our legislative objectives, which we asked them to modify this to provide to amend it in a way that would allow us to pick and choose what roads in the county would be able to work, and I think you've done a great job of selecting those roads. Now, the question is, is as far as the ones that are in the Estates, which are very limited amounts of them, when one of them -- which ones of them would be able to gain enough public acceptance to be able to go forward with, and what kind of rules can we apply that when a house is built on one of those particular roads, that that particular segment is removed from inventory at a reasonable time. So it's far from a perfect picture that this -- that we're painting here. But when you have nothing, anything we can offer would be an amenity that would be greatly appreciated to that large amount of people that still would like to be able to enjoy ATVs in a limited fashion. With that, let's go to Commissioner Halas, then Commissioner Coyle after that. COMMISSIONER HALAS: Bob, I have a couple of questions. Page 269 October 23-24, 2007 Some of these roads that you pointed out belong not only to the county, but I believe they belong to another form of government. My concern is, how are we going to monitor the deterioration of these roads, that -- if we decide to go in this manner? MR. TIPTON: We probably wouldn't other than by visitation, but seeing as how we don't even maintain those roads, we really wouldn't be able to go in and do maintenance on them. COMMISSIONER HALAS: Okay. Question I have then is, what's the width of these roads, 60 feet? MR. TIPTON: The roadway -- the actual roads, most of them were from 20 to 30 feet wide. COMMISSIONER HALAS: Okay. The right-of-way. MR. TIPTON: The roadway is, at the most, 60 foot. COMMISSIONER HALAS: Okay. How are we going to -- has there been any thought in regards to how we're going to protect property owners that are on each side of these -- this right-of-way so that people don't use the ATVs to use their property to turn around in? MR. TIPTON: Not in our review. We were looking strictly at traffic issues. The main thing that we were concerned about were traffic conflicts between -- in the areas that had residences where people would be backing out of driveways and kids on bicycles and that type of thing. COMMISSIONER HALAS: Okay. I guess what I'm concerned about is, some of these roads are just a straight shot, then they end. MR. TIPTON: Yes, sir. COMMISSIONER HALAS: So then, of course, at the end -- MR. TIPTON: Turn around. COMMISSIONER HALAS: -- people have got to turn around. Now, whether they're going to stay within the confines of that 60-foot right-of-way or are they going to intrude on other people's property, there's no way we can control that, right? MR. TIPTON: No, sir, not that I know of. Page 270 October 23-24, 2007 COMMISSIONER HALAS: Thank you for your time. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I'll wait until after the speaker. CHAIRMAN COLETTA: Okay. Would you please call the speaker. MS. FILSON: I'm not sure ifhe's here. He was signed up yesterday. Rick Varela. CHAIRMAN COLETTA: I don't-- COMMISSIONER HALAS: He sent out an email saying he wasn't going to be here. That's the gentleman that was sitting there with the laptop all day yesterday. CHAIRMAN COLETTA: Yeah, Commissioner Coyle? COMMISSIONER COYLE: Yeah. I believe that when you open up a road for A TV use, you also open up all the private property adjacent to that road for ATV use. Not many people I know just like to run up and down a road. They like to get out and ride around. (Commissioner Fiala is appearing by speakerphone.) COMMISSIONER COYLE: And so it appears to me that we are going to have a substantial liability, not only from private property owners whose property will be utilized by A TV s, but also since we're not maintaining these roads, if there is an accident because -- that can be blamed on the fact that roads are not properly maintained, it seems to me that we might have some liability here. That's a legal question that our attorney has to answer, but I am very apprehensive about doing that. I think just opening up a straight road for people to ride A TV s is not going to be appealing to them, first of all. It doesn't solve the problem, but it does provides them access with a lot of other people -- to a lot of other people's property, and I think that's unfair. CHAIRMAN COLETTA: Okay. I appreciate that. Now, why don't we ask the county attorney to comment on that. MR. KLATZKOW: Not to be facetious, because that's really not Page 271 October 23-24, 2007 the intent. CHAIRMAN COLETTA: I'm sorry, before you -- Commissioner Fiala, are you with us? COMMISSIONER FIALA: Yes, I am. CHAIRMAN COLETTA: Okay. Could I get you to put your mute button on until you're ready to speak? We're getting some background noise. COMMISSIONER FIALA: Surely, hold on. I will do that. CHAIRMAN COLETTA: Don't hang up. Just your mute button. COMMISSIONER FIALA: Where is my mute button? COMMISSIONER COYLE: It's the one that says off. CHAIRMAN COLETTA: No, no, it doesn't. Don't listen to Commissioner Coyle. We'll never get through this meeting. COMMISSIONER FIALA: I don't know where the mute button is. Here, I'll hold my hand over it, okay? CHAIRMAN COLETTA: That's fine. It's not that irritating. We're glad that you're with us in any case. I'm sorry, would you please go ahead, Jeff. MR. KLATZKOW: Well, I guess to be succinct, yes, you will be opening up the county to at least claims by people injured from ATV use or private property owners whose property has been injured by ATV use. That's what we have anytime we offer any service though, we open ourselves up to liability. I mean, when you provide EMS, you're opening yourselves up to liability if it doesn't get there quick enough or it gets into an accident. So when you provide a service, you open yourselves up to liability. CHAIRMAN COLETTA: And that goes true even for regular four-wheel vehicles that drive on our roads, ifthere's a crack in the pavement. MR. KLATZKOW: That's true. Page 272 October 23-24, 2007 CHAIRMAN COLETTA: Or the sidewalk has a break in it. There's a certain amount of liability that goes with everything. The thing is, is that I want to remind everybody, we've been through a very traumatic thing with this issue for a number of years now. I want to bring back to you what we went through with the south block and when we turned over roads over to the state and they removed that use in that particular area, and there were many promises made that they were going to provide it and nothing came of it. We've had people fill this room numerous times looking for that service. Water Management lagged behind for a long time on providing their promises as far as providing a park for us. Still, to this day we don't have that park. This is what, three, four years, five years since the whole thing started? We have a certain segment of our population that we have recognized in the past that have a recreational pursuit that is just as valid as playing golf or soccer or whatever. The problem being is, is that we have given every avenue of support to get to the point we're at today. Originally we supported the bill. We got them to carry it as one of our legislative initiatives. The bill came back. It was too inclusive. We brought our legislation delegation back. We went over everything with them from A to Z, got them to amend the bill. It's one of the last things Mike Davis did for us, he amended the bill as per our directions so that we'd be able to pick and choose where we could put this limited amenity. The whole question is, is can we provide this amenity in a way that will not only enhance a certain segment of the population, but will not deter from the enjoyment and peaceful quiet of the residents close to it. Let's go to Commissioner Halas, then we'll go to Commissioner Fiala, even though she hasn't indicated she wanted to speak. COMMISSIONER FIALA: Well, thank you. Page 273 October 23-24, 2007 CHAIRMAN COLETTA: We'll go to Commissioner Fiala first. COMMISSIONER FIALA: Pardon me? CHAIRMAN COLETTA: Yes, go ahead, Commissioner Fiala. COMMISSIONER FIALA: Okay. I'll tell you, I think it's a wonderful idea. I think that they've waited a long time. I don't care where they're going to be, whether they're in Bad Luck Prairie or whatever. Somehow we could always be sued for whatever, and we never have been, by the way. And so I think that it's a -- I think it's a wonderful idea to see these roads, especially one, what is it, 28 miles long and no residence all along that way. I don't think they would be any detriment to those road systems at all. CHAIRMAN COLETTA: Well, let's do this, Commissioner Fiala. Since you brought up the subject like that, we have some recommendations from staff for several segments to bring back for consideration at another meeting in the near future where we can involve landowners and residents and everybody and his brother to make sure that this is doable. Would you like to make the motion at this time? COMMISSIONER FIALA: Yes. I'd like to make a motion that the three staff recommendations be acted upon. CHAIRMAN COLETTA: Well, now staff recommendations actually were not to allow it period, but they did offer -- COMMISSIONER FIALA: No, no. MR. TIPTON: Yeah, I should make it clear that -- COMMISSIONER FIALA: I'm sorry. MR. TIPTON: -- we're not recommending-- COMMISSIONER FIALA: They identified three areas; did they not? CHAIRMAN COLETTA: Yes, they did. Bob Tipton, would you elaborate on that? MR. TIPTON: Yes. We were just asked to identify areas. We're Page 274 October 23-24, 2007 not making any recommendations. The areas that we found most suitable for this purpose are not on county-maintained roadways, and that would take dealing with other agencies in order to make that happen. CHAIRMAN COLETTA: And that's an issue that we bring back and discuss. MR. TIPTON: And we certainly didn't presume to go to these agencies and even talk to them or anything, so -- CHAIRMAN COLETTA: And I assume if we brought it back at that point in time that we'd have the different agencies here that could interact with us to find out how we can present this in a meaningful way and still protect the resources. MR. TIPTON: I'm sure they would be interested in meeting with us. CHAIRMAN COLETTA: But I mean, that -- can't do that here. MR. TIPTON: No. CHAIRMAN COLETTA: We don't have anyone present ready to support or defend or to ask us to reconsider. But anyways -- COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: -- Commissioner Fiala, I hear your motion, and I'd like to second it. COMMISSIONER FIALA: Okay, fine. CHAIRMAN COLETTA: I just want to move this thing a long. COMMISSIONER FIALA: And my motion is to have Bob Tipton investigate with these people and move this issue -- move this project further forward so that we have a place identified that people can use, and it's approved by all the agencies, and bring it then back to us for our final approval. CHAIRMAN COLETTA: Well, yeah, bring it back here. I wouldn't put down approval of the agencies, because that could take years before that happens. COMMISSIONER FIALA: Oh, okay. Page 275 October 23-24, 2007 CHAIRMAN COLETTA: See, we already have jurisdiction to do this by the state, but we don't have the agencies here to be able to be -- to be able to deal with them in a -- when they show up at that meeting to be able to talk about how this would all come together. COMMISSIONER FIALA: Well, maybe you could better state the motion, Commissioner, and I'll second it. CHAIRMAN COLETTA: Okay. Then you withdraw your motion and I'll restate a motion. COMMISSIONER FIALA: Very good. Thank you so much. CHAIRMAN COLETTA: Yes. My motion is, is that we bring it forward in a future agenda to discuss the possibilities that staff outlined of all the roads that staff had as examples, and I can't remember how many segments there were. There was a couple in the far Estates. There was -- MR. TIPTON: Picayune State Forest. CHAIRMAN COLETTA: Jane Scenic Drive. MR. TIPTON: Fakahatchee and the federal preserve. On the federal preserve, we'll have to get with legal -- well, that's a county road, so -- CHAIRMAN COLETTA: Yeah, and we can -- but you know, whatever the jurisdiction the state gave us on this, we can use it, I assume. But just to be able to move it to the next step forward, and that's my motion. Do you second it, Commissioner Fiala? COMMISSIONER FIALA: Yes, I do. CHAIRMAN COLETTA: Okay. And forgive me in seem to be moving this along, but -- and then we can get into discussion now. Go back to Commissioner Halas. COMMISSIONER HALAS: County Attorney, in regards to properties that butt up against the right-of-way, if someone goes on somebody else's property and has an accident, who's liable, the county or the property owner that owns that, even though it's trespassing? MR. KLA TZKOW: I don't really think the county's liable. I Page 276 October 23-24, 2007 mean, when people get taxes (sic), they tend to sue everyone. But I don't really think the county's liable, but -- COMMISSIONER HALAS: Can they sue the property owner even if they trespassed on it? MR. KLATZKOW: Can they sue? Yes, they can sue. Will they be successful? COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Okay. Any other discussion on this particular matter? Is there anything we missed here staff would like to comment on? MR. TIPTON: I don't think so. CHAIRMAN COLETTA: Commissioner Henning, any comments? COMMISSIONER HENNING: Sounds good to me. CHAIRMAN COLETTA: Okay. There's no more comments, we've taken care of the public speakers. With that I'm going to call the question, all those in favor, indicate by saying aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Okay. Let the record show the vote was 3-2 with Commissioner Halas and Commissioner Coyle being in the opposition to it. Okay. Thank you very much. Thank you, Commissioner Fiala. COMMISSIONER FIALA: You are so welcome. Item #9B Page 277 October 23-24, 2007 RESOLUTION 2007-305: APPOINTING THE FOLLOWING TO THE COMMITTEE: BRADLEY CORNELL; ZACH FLOYD CREWS (W/WAIVER OF TERM LIMIT); GARY EIDSON; DAVID FARMER; RON HAMEL; JIM HOWARD; THOMAS JONES; WILLIAM MCDANIEL JR.; TIMOTHY NANCE; TAMMIE NEMECEK; NENO SPAGNA; FRED N. THOMAS JR. (W/W AIVER OF TERM LIMIT); AND DAVE WOLFLEY; RESOLUTION 2007-305A: COUNTY ATTORNEY OFFICE TO PREPARE REVISED RESOLUTION TO THE ORIGINATING RESOLUTION TO ALLOW FOR A REGIONAL MEMBER TO THE RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE - ADOPTED MR. MUDD: Commissioner, you said you were going to wait for Commissioner Fiala to come back on and go to 9B. So I suggest while we still have her on the phone -- 9B is appointment of members to the Rural Land Stewardship Area Review Committee. CHAIRMAN COLETTA: Yeah, and I appreciate that. And everybody's got the list in front of them, and I'm sure that there are many people on here that we're all going to agree to right at -- COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Motion to approve what, Commissioner Henning? COMMISSIONER FIALA: We need 13 of28, right? CHAIRMAN COLETTA: Right, right. And if I may make a couple suggestions here. And I don't want to try to make it look like I'm picking just people from -- that live in that particular district, but one of the prime considerations I'd like to be able to bring up is, there's four people on here that served on the original Rural Land Assessment Area Oversight Committee. Those people are extremely knowledgeable, these four to come back and actually want to do it again. They bring that institutional knowledge back with them that October 23-24, 2007 would be of tremendous help. And if! may share their names with you. It would be Floyd Crews, Ron Hamel, Neno Spagna, and Fred Thomas. The rest of the 15 members didn't reapply. That, I would think, would be the bases of the committee. They'll walk in the door, they already got an understanding what's there, and they can help to help staff and the rest of the committee carry it to the next level. I have a couple others I'm going to recommend, then I'm going to turn it over to you for your consideration, and that would be Tom Jones, who represents a number of the landowners out there. They haven't all submitted, just Tom Jones mainly; Bill McDaniels (sic), Jr., who is -- also heads up the 951 committee. Very, very familiar with issues; and, of course, probably a favorite for everybody would be Tammie Nemecek. Then in your district there's a person that's been very active, Commissioner, is David Wolfey, but I'll leave that for you to decide. And that's the ones I would like to see, if -- you know, move forward, and that gives a total of one, two, three, four, five, six, seven people of the 13. If there's any objections to any of those people or -- probably the best way to handle it maybe be if we each submitted recommendations and then had the county manager tally it up, or if you have certain people. Your suggestions, Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think -- I think what you've done is good. This is an appointment for one year. These people have to hit the ground running, and if they don't have a background in this rural land stewardship area or if they don't have an understanding of its purposes and what has been done out there, then they're not going to be very productive. And I would just like to expand upon your concept, not only would I like to see us nominate for membership those people who Page 279 October 23-24, 2007 were prior members of the Rural Land Stewardship Area Committee, but also include all of the people who are currently on the East of 951 Committee because they are at least familiar with the issues in the area, and that would add Dave Farmer to the list that you have selected, and Timothy Nance, and I believe that gives us about nine of the 13 people. So if that is an acceptable strategy for the other commissioners, then we could -- we could just concentrate on the remaining four or five people. COMMISSIONER FIALA: Well-- COMMISSIONER COYLE: IfI've made my counts right. COMMISSIONER FIALA: I -- could I weigh in? CHAIRMAN COLETTA: Of course, we're waiting for you to speak. COMMISSIONER FIALA: Oh, okay. I would think it's also a good idea, instead of having all people that have served on that, I always believe we need some fresh eyes and fresh new ideas. And I had a few people there, one of them was Tom Taylor. I thought he would be excellent for that, another one was Brad Cornell. We don't have any environmental people on there, and we sure don't want to be tangling with environmental when this is all done. It would be a good idea to get their input. There was a gentleman on there, and I think his name was either Peter or Paul Gadly or something like that, or Gladly, and I read his -- COMMISSIONER COYLE: Gladdys. COMMISSIONER FIALA: -- resume, and I was so impressed. And I thought, he would probably be able to add a real good dimension to the committee rather than having always the same old people on these things. It doesn't allow us to expand our horizons any. So I would throw in a couple of those names. CHAIRMAN COLETTA: Okay. I'm sorry. One more time here. You're saying that you're recommending Thomas Taylor? Page 280 October 23-24, 2007 COMMISSIONER FIALA: Yes. MR. MUDD: Tom Taylor, Brad -- COMMISSIONER HENNING: Brad Cornell. MR. MUDD: Brad Cornell and a Paul A. Gladly (sic). COMMISSIONER FIALA: That's it, okay. There were a number more, but I would at least like to throw those names in. MS. FILSON: So that's 12. CHAIRMAN COLETTA: One of the things that would really help, when you've got these long lists, if we could get everybody -- well, I guess we do. Never mind. MS. FILSON: In alphabetical order, they are. CHAIRMAN COLETTA: They are. COMMISSIONER COYLE: Well, there's -- well, that was my intent is we appoint the people who we know have a background, and that leaves us about four or five people that we each can nominate someone for, and those would be -- as a matter of fact, I agree with Commissioner Fiala's recommendation of Brad Cornell, but I also think that there are people in Commissioner Halas's district who could contribute and Gary Eidson is one of those. COMMISSIONER FIALA: Oh, yes. I would have mentioned him also, thank you. COMMISSIONER COYLE: So I think if -- and Commissioner -- we need to hear from Commissioner Henning and, of course, Commissioner Halas can speak for himself, but I do think one of the members -- one of the people in his district would serve very well there. So I think that if we follow this strategy that we've laid out, we will get a good cross-section of applicants on this committee. CHAIRMAN COLETTA: One of the things I did notice, it's a minor issue, but it could be important. The commission districts aren't listed correctly on some of these people. Fred Thomas is in District 5, not 2. It's a minor point, but you know, somebody -- David Wolfey, I Page 281 October 23-24, 2007 believe, is in 3, isn't he? COMMISSIONER HENNING: (Nods head.) CHAIRMAN COLETTA: Not 2, and I don't know about the other ones. Okay. Let's just see. Commissioner Coyle, we're done with you. Commissioner Halas, then Commissioner Henning. COMMISSIONER HALAS: Okay. I'd like to appoint from my district, as a layperson, Gary Eidson. I won't be greedy. I'll just get one person on there, and I'm in agreement with Brad Cornell. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I cannot accept the recommendations to have Tim Taylor on the committee because of his position, what he told me personally about his land and what he's going to do with it and now what he is attempting to do, and it has to do with the rural district. I can't support that. COMMISSIONER COYLE: Who? COMMISSIONER HENNING: Tom Taylor. I can't support that recommendation. COMMISSIONER HENNING: Dave Wolfey is a former member of the Planning Commission. He'd be an excellent choice. MS. FILSON: That would be 13 unless you take someone off. CHAIRMAN COLETTA: Well, I'm not too sure that we have a count. Obviously-- COMMISSIONER COYLE: I've got a count. MR. MUDD: Did I hear that David W olfey -- Commissioner Henning, you'd like him on? Okay. If you decide to take Tom Taylor off because that's a conflict of interest on land that he owns, then you're at 13. CHAIRMAN COLETTA: Yeah. Well, since you're only making one choice, Commissioner Fiala made several. I'm not going to try to make a judgment on how he fits into it. I can agree to remove him along with Commissioner Henning. Page 282 October 23-24, 2007 COMMISSIONER COYLE: I tell you, you've got -- as county manager says, you've got 13 right now. And if! could read them off to you, and you could see if you like them. CHAIRMAN COLETTA: Okay. Start-- COMMISSIONER COYLE: Let's go with Brad Cornell; Floyd Crews; Gary Eidson; David Farmer, because he was on the East of 951 Committee or is; Ron Hamel, who was on the rural land stewardship area; Jim Howard, who also was on the original stewardship committee; Tom Jones; Bill McDaniel; Timothy Nance; Tammie Nemecek; Neno Spagna; Fred Thomas; and David Wolfey. CHAIRMAN COLETTA: I'm sorry. You were just a little too fast. Did you say Tammie Nemecek? COMMISSIONER COYLE: Yes, I did. MS. FILSON: Take Paul off? COMMISSIONER COYLE: I didn't put Paul Gladdys on there, but he's certainly well qualified, but -- CHAIRMAN COLETTA: I don't have Jim Howard on the original committee, to be honest with you. COMMISSIONER HALAS: County Manager, what have you got for a count; could you tell us what you've got? MR. MUDD: Jim Howard, according to page 4 of71, backup document, former member of the Rural Lands Area Assessment Oversight Committee. Jim Howard has got a yes against his name. CHAIRMAN COLETTA: Got a yes. COMMISSIONER COYLE: Yep. CHAIRMAN COLETTA: Oh -- okay. MR. MUDD: So based on what Commissioner -- based on what Commissioner Coyle just read off, I have 13. The only question -- the only question that's up there is Paul Gladdys, who is a Commissioner Fiala recommendation, isn't part of that 13. COMMISSIONER COYLE: But her recommendation of Bradley Cornell is. Page 283 October 23-24, 2007 MR. MUDD: Bradley Cornell is, and so is -- she mentioned Tom Taylor, but Tom Taylor's off. CHAIRMAN COLETTA: David Farmer too, I believe. No, that was Halas. David Farmer, I don't know who recommended that. COMMISSIONER COYLE: Well, he -- MR. MUDD: David Farmer was on -- COMMISSIONER HALAS: The 951 committee. CHAIRMAN COLETTA: Okay. He's on the 951. MS. FILSON: Okay. Then can I make a comment? CHAIRMAN COLETTA: I'm sorry? MS. FILSON: May I make a comment, please? CHAIRMAN COLETTA: You may. MS. FILSON: If you appoint Floyd Crews and Fred Thomas, you'll have to waive section 5D of2001-55 because they currently serve on two or more committees, and also the person from Fort Myers you just have to -- MR. KLATZKOW: If you could make in your motion that you would like the county attorney to, at the same time, amend the resolution that created this board to include non-county members, that would take care of that. COMMISSIONER COYLE: Well, he was on the prior committee. MR. KLATZKOW: Yes, but the resolution that created this omitted that as an oversight. COMMISSIONER COYLE: Oh. Yeah, I also noticed that, but I looked at enabling legislation. Enabling legislation says that regional representatives are encouraged. MR. KLA TZKOW: I agree. COMMISSIONER COYLE: And so it was a proper thing to do, that is -- MR. KLA TZKOW: It is the proper thing to do, but just for suspended -- Page 284 October 23-24, 2007 CHAIRMAN COLETTA: Since you got everybody's attention, you want to put it in a motion? COMMISSIONER COYLE: Yeah. I'll make a motion that we nominate the following people, or appoint the following people to the Rural Land Stewardship Area Committee for the assessment, and those people would be Bradley Cornell, Floyd Crews, Gary Eidson, David Farmer, Ron Hamel, Jim Howard, Thomas Jones, William McDaniel, Timothy Nance, Tammie Nemecek, Neno Spagna, Fred Thomas, and David Wolfey, and that we also need to waive the provisions to permit Floyd Crews and Fred Thomas to serve on the committee and we also will be giving guidance to the county attorney to revise the resolution or ordinance to permit the appointment of Ron Hamel as a regional member. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Coyle, and a second by Commissioner Halas. Any -- I'm sorry, Commissioner Henning, do you still have some discussion on this? COMMISSIONER HENNING: (Shakes head.) CHAIRMAN COLETTA: Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you. Page 285 October 23-24, 2007 Item #lOD RESOLUTION 2007-306: A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT -OF -WAY AND RELATED EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GA TE BOULEVARD FROM WEST OF WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD (PHASE ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMW A TER RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO (FROM WEST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.) PROJECT NO. 60040. ESTIMATED FISCAL IMPACT: $18,411,297.00 - FIRST MOTION TO REPEAL RESOLUTION 2007-292 - APPROVED; THEN MOTION TO APPROVE RESOLUTION 2007-306: ADOPTED MR. MUDD: Commissioner, that brings us to our next item on the agenda, which is lOD. It's a recommendation to adopt resolution authorizing acquisition by gift or purchase of right-of-way and related easements necessary for the construction of roadway, drainage, and utility improvements required for the expansion of Golden Gate Boulevard, west of Wilson Boulevard to east of Everglades Boulevard, phase one project limits, and authorizing the acquisition of lands necessary for the construction of stormwater retention and treatment ponds for both phases one and two, from west of Wilson Boulevard to east of DeSoto Boulevard. Project number 60040. Estimated fiscal impact, $18,441,297. Mr. Norman Feder, your Transportation Services Administrator, will present. Page 286 October 23-24, 2007 MR. FEDER: Thank you. Commissioners, you approved this item at your last board meeting. There was some question raised on one provision, that provision being paragraph 5 of the resolution that allowed us to offer under an administrative settlement up to 50,000 over the property valuation for the property of the land to be taken. The question that was raised at that time was did that apply, whether it was a value of 1,000 versus 100,000, if! remember correctly, and the answer was yes, and that is the case the way it was written previously. We noted that the 50,000 was based on purchasing authority, and anything above that requires us to come to the board. We also noted that an administrative settlement was an effort to try and reduce the cost of condemnation and is why we came to you in that attempt. We also noted that, in fact, obviously, we wouldn't be looking to offer 51,000 if the property was valued at 1,000. But to make sure that that issue is clear, we're asking that you, in fact, repeal resolution 2007-292 that you passed last board meeting, and to pass the resolution before you today that is basically one and the same. It is a gift and purchase resolution for rights-of-way for Golden Gate Boulevard from Wilson on out to Everglades, and then for retention from Everglades to DeSoto on Golden Gate Boulevard, but it has the modifications in paragraph 5 that provide that we offer not more than 125 percent of the value established by appraisal, up to and not to exceed $50,000, and what that means, if it's a $1,000 value by the appraisal, we can offer no more the 1,250 without coming to the board. The breaking point obviously is at 200,000. Anything below 200,000, we would offer no more than 125 percent of value to get an administrative settlement, which would be just under 50,000, if you will. At 200,000,50,000 can be offered. Anything above 200,000, no more than 50,000 could be offered to effectuate an administrative settlement. Page 287 October 23-24, 2007 So we wanted to bring that back to clarify. We never intended to offer 50,000 on a 1,000. And to be honest with you, we wanted this clarification so the public does not perceive that we have that flexibility to go 50,000 even on a $1,000 value. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: I'm going to make a motion to repeal resolution 2007-292, and the reason I want to do that, I think we need to get that off the table before we start discussing the other resolution. CHAIRMAN COLETTA: Can we do that without advertising? MR. KLATZKOW: Yes. CHAIRMAN COLETTA: Okay, great. I'll second that. We have a motion from Commissioner Henning to repeal the previous resolution, and a second by myself, Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, with Commissioner Fiala out of service at the moment. Okay. Commissioner Henning? COMMISSIONER HENNING: Okay. I just have a question on the new resolution. What determined a 25 percent over the appraised value, estimated appraised value? MR. FEDER: That is basically the provisions that had been used Page 288 October 23-24, 2007 some years back in administrative settlements, and so we applied that same basic valuation. Again, what you're trying to do is to come to an administrative settlement. If you have a property under 200,000, if you end up going to condemnation, your costs are typically, in any condemnation suit, somewhere in that 50,000, I had noted at the previous meeting. So you're trying to take small areas where we're getting either a right of entry, which is land value, or a corner clip or issues of the sort and make sure that can work with an administrative settlement. There needs to be some flexibility. Obviously this $250,000 per 1,000 valuation is not a lot, but at the same time, it's some inducement to try and get it closed if we cannot do it at the straight 1,000, which would be our effort. COMMISSIONER HENNING: Well, being that it's a buyer's market, wouldn't it be more prudent to, let's say, do a 5 percent over appraised value? MR. FEDER: Again, Commissioner, this is going to stay in effect in market changes over time. What I will tell you is, again, this is a process for an administrative settlement. We will do whatever this board directs, obviously, but at the same time, there is purchasing capability right now up to 50,000 without coming to the board. What we were trying to recognize is, there's no way we're going to offer 50,000 on 1,000 value, and we don't want the public believing we even have that option, even though technically we don't have to come to the board up to 50,000. So we feel the 25 percent, given that we're talking values under 200,000 -- because once you're at 200,000, 125 percent is 50,000. Anything over that would be constrained by 50,000, would be an appropriate figure. CHAIRMAN COLETTA: Okay. Any other question? COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Coyle, Commissioner Coyle? COMMISSIONER COYLE: Yeah. Why is this particular Page 289 October 23-24, 2007 resolution appropriate only for the purchase of right-of-way or land easements for the Golden Gate Boulevard expansion and not available for any other takings of land? MR. FEDER: Commissioner, I think you'll see it in all of our resolutions in the future, this provision of 125 or 50- when we ask for gift and purchase. COMMISSIONER COYLE: Is it true of the Livingston Road-- or the Vanderbilt Road extension? MR. FEDER: Vanderbilt Beach Road extension, we're doing whole takes, and every one of those have come to the board. Unfortunately, your 50,000 hasn't been able to allow us to make an administrative settlement, as you're well aware. Again, on this any taking where we are unable to negotiate within 125 percent or 50,000 has to be brought to the board for action and determination by the board. COMMISSIONER COYLE: It just seems to me that we have to be careful about -- about not being fair in all of our takings -- MR. FEDER: Correct. COMMISSIONER COYLE: -- and not provide people in one area financial advantages that people in another area do not enjoy. MR. FEDER: And we are seeking definitely to do exactly that. And I think we're very consistent on that and we'll be addressing like, on this issue where you have an existing corridor and you'll be taking portions of that and hopefully no whole takes, we'll be addressing that on the Vanderbilt Beach corridor as we go into -- once we finish design -- the partial take, what you've been seeing recently with the whole take properties. COMMISSIONER COYLE: Now, your justification for doing this is that you believe that although you'll be providing a premium for the purchase of the property, you will being avoiding the costs oflegal expenses if it goes to court. MR. FEDER: Attorneys fees, other issues, condemnation costs, Page 290 October 23-24, 2007 yes. COMMISSIONER COYLE: And I think you're absolutely right. It's just that people need to understand we're not just throwing away $50,000. We're actually avoiding substantial expenses that occur when these things go to court, and the state law requires us to pay lawyers what we think is an exorbitant fee under those circumstances. MR. FEDER: You're very correct, Commissioner. COMMISSIONER COYLE: But what I don't understand is why we don't just have a resolution that addresses all of the acquisitions or takings of property rather than doing it on a project-by-project basis. MR. FEDER: Because with each project, we come to you and define the project before we go into acquisition, and each step, we come in first and request for gift and purchase, authorizing us at that time, so you know where we are in the project, where we've gone, where we're going to start the right-of-way acquisition. Then we come back later for a resolution for condemnation if we're -- for whatever parcels we have not been able to acquire by negotiation, or by purchase by negotiation. And so that is the process we have followed throughout. MR. AHMAD: Commissioner, for the record my name is Jay Ahmad. We -- in the gift and purchase resolution, we identify the cost for a specific project as well, so that's why we do it project by project. In this case it's 18 million plus for the cost of that project. If all of the parcels to be acquired through -- COMMISSIONER COYLE: Then could I ask the motion maker to consider providing that guidance as part of the motion for approval, that we approve it for this particular project, that we expect the same kinds -- the same financial terms to be available to anyone for any project? COMMISSIONER HENNING: Yeah. I'll put that in a motion as long as you'll second it. COMMISSIONER COYLE: I will, yep. Page 291 October 23-24, 2007 CHAIRMAN COLETTA: Okay. And you have included that in your motion. We have a motion, we have a second. And any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And I believe, Commissioner Fiala, are you there now? Almost there. 4--- COMMISSIONER FIALA: Yes, I'm here. CHAIRMAN COLETTA: Okay. Can we count you on the affirmative for that particular -- COMMISSIONER FIALA: Yes, you may. CHAIRMAN COLETTA: Okay. The motion passed by 5-0. COMMISSIONER FIALA: Sorry it takes a little while. I have to put mute and unmute. I found it. CHAIRMAN COLETTA: Great. It's working wonderful. Thank you. COMMISSIONER FIALA: Great, thank you. Item #10E RESOLUTION 2007-307: CONTRACT AMENDMENT NO. 7, EXHIBIT E, FOR A GUARANTEED MAXIMUM PRICE (GMP) OF $7,012,302 UNDER CONTRACT NO. 04-3576, CONSTRUCTION MANAGER AT RISK SERVICES FOR THE COURTHOUSE ANNEX AND PARKING GARAGE, WITH Page 292 October 23-24, 2007 KRAFT CONSTRUCTION COMPANY, INC. FOR THE INTERIOR FINISHING (BUILD-OUT) OF THE COURTHOUSE ANNEX, FLOORS 4 THROUGH 7, PROJECT NUMBER 52533 - ADOPTED MR. MUDD: Commissioner, that brings us to WE. It's a recommendation to approve a contract amendment, number 7, Exhibit E, for a guaranteed maximum price, GMP, of$7,012,302 under contract number 04-3576, and construction manager at risk services for the courthouse service and parking garage with Kraft Construction Company, Inc., for the interior finishing buildout for the courthouse annex, floors four through seven. Project 52533. And Mr. Hank Jones, your senior project manager for the project, will present. CHAIRMAN COLETTA: Before you begin, sir, Commissioner Henning, did you want to address a question now? COMMISSIONER HENNING: Yeah. I don't have a problem amending the contract, but there's one thing that we need to get clear, and that's the purchases of goods to where we get the sales tax back. And if the contractor buys below what's anticipated, is that going to be a return of funds back to the board? Like say he buys -- let's say he buys 10 tables for $200 but he budgeted 250 per table. Is that $50 going to come back to us now? MR. JONES: I believe the way that works is whatever the item in his original bid was for the number of tables and the quoted amount for those tables is what the change order, the deductive change order is issued for. At that point we cut the purchase order for that -- to that vendor for that quantity of goods and services at that price. COMMISSIONER HENNING: At what price? MR. JONES: At the price quoted in the GMP. COMMISSIONER HENNING: Okay. But that isn't the way the contract was laid out, and that's my point. So are we changing the contract to reflect if the -- if there's a savings within the contract, are Page 293 October 23-24, 2007 we -- that's not coming back to the board then, right? MR. JONES: I believe the discussion, was it last -- the previous meeting. MR. MUDD: Yep, last one. MR. JONES: The discussion in that case was evolving quantity changes. In your case, your example, 10 tables, if in the course of the direct purchase execution there was only a requirement for eight tables for some reason, then, as I understand it, it was decided that that money for the extra two tables would come back to the county, would not revert to the contractor. COMMISSIONER HENNING: Cables? MR. JONES: Tables in that case. Two tables worth 10-table purchase order. COMMISSIONER HENNING: Correct, okay. Crystal, can you help me out on this? There was a letter of change that struck out the language of returning those monies to the Board of County Commissioners. MS. KINZEL: Yes, Commissioners. I think that was on your change order report in the last agenda item. That was specific though to the prior amendments to the contract, I think. COMMISSIONER HENNING: Right. MS. KINZEL: I'm not sure what the provision is in this amendment. I haven't looked at that particular clause, but I think that -- agree with you that should be defined so that we know what we're to pay. In the past issue it was, if the quantity was reduced, the original agreement with Kraft gave the money to the county. There were letters changing other stipulations for portions of these amendments to this that then gave the money back to Kraft. So since this is standing alone, seemingly, as an amendment, I'm not sure what this includes as far as that difference. MR. JONES: I believe that that -- since this has -- I don't -- I Page 294 October 23-24, 2007 believe Steve is not here to speak to that, but I believe that we would __ since this amendment has not yet been signed, that we could take the board's direction to make it specific to this amendment. COMMISSIONER HENNING: Yeah. And I would like whatever we can give back to the taxpayers that we ought to get. If there is a savings on a purchase, it should be the taxpayers'. MR. JONES: Agree. COMMISSIONER HENNING: If there is a difference in the quantity, it should be the taxpayers'. MR. JONES: Ifthere's a difference in the quantity. COMMISSIONER HENNING: And I'll make a motion to approve with those clarifications. MR. JONES: That'd be fine. CHAIRMAN COLETTA: Okay. Now, I'm sorry. The motion is to follow the recommendations with the clarifications that you mentioned? COMMISSIONER HENNING: Motion to approve this item with the two clarifications that I just made. CHAIRMAN COLETTA: And would you restate the clarifications? COMMISSIONER HENNING: The clarifications is, ifthere is a change in quantity, those savings shall come back to the board. MS. PRICE: Can we discuss this and bring Steve Carnell here? MR. MUDD: Let's -- let me --let Commissioner --let Commissioner Henning finish his statement please. Thank you. COMMISSIONER HENNING: We've got an extra seat here, if anybody wants to join us. The second one is, if there is a savings within purchase items, that will come back to the board. That's a part of my motion. MR. MUDD: Commissioner, that goes against guaranteed maximum price. And if you want to have that, then ifthere's any overage in the cost of the items, then the contractor gets that, too, anda Page 295 October 23-24, 2007 gets a change order for change of condition. Now you've set the guaranteed maximum price so that it's fine because if it comes under what the bid price is, you get it. But if it goes over the bid price, as it stands right now, the contractor eats it. And so, if you're going to play that way -- now, ifthere's change in quantity, Commissioner Henning's dead on as far as the contract is concerned. We should get that money back on change of contract because there's a unit cost per item that's bid on. And ifhe only needs eight and he's bid for 10, then we should get those two units back with that cost. That's not -- that's not a problem. That's in the contract, that's there. It gets to the point where, ifhe gets the product that's under his bid, then the county would get the money back, as Commissioner Henning was asking for in this motion; but the other part of this is, if it costs more than what he bid, right now he eats that, and where's the fairness in that? He bid on a guaranteed maximum price to the contract, he assumes all risk in that contract, and you're not supposed to assume any. So that's the way the contract mechanism is set up. And so that's all I'll tell you. I mean, if you're going to get one, then you've got to give him the benefit of saying, okay, if it's over and I underestimated my bid, then I need to be able to come back and get those dollars back from the county. CHAIRMAN COLETTA: Commissioner-- COMMISSIONER HENNING: Where's that written about the guaranteed maximum price bid? Where is it written what you just stated? MR. MUDD: We just went through this last meeting on an item that was very similar on the guaranteed maximum price. That's why you bid on a guaranteed maximum price, that's why you do it, because you reduce the risk, and you don't have any. COMMISSIONER HENNING: Guaranteed maximum price? MR. MUDD: Yes, sir. Page 296 October 23-24, 2007 COMMISSIONER HENNING: That means it could go down? MR. MUDD: No. You're bidding that project for guaranteed maximum price. He's telling you, the price of that contract isn't going to come in higher on that bid. And he assumes the risk -- if the economy goes in a bad direction for him, he eats all of those things in that particular project. COMMISSIONER HENNING: Then it's my opinion that we shouldn't do any of these guaranteed maximum bids anymore because you just don't get any competition -- MR. MUDD: No. COMMISSIONER HENNING: -- m It. You do a -- what you're doing is RFQ or RFP, then you go into negotiations with the -- Kraft in this case -- and there is no competition in that. MR. MUDD: No. Kraft basically takes bids in every sub element of that particular contract and brings those forward and takes the lowest bid on each one as he brings them forward, and that's where you negotiate the maximum price on the particular contract with those subbids and those subcontractors. So you -- they don't basically come in with a price to start with. It's negotiated based on the proposals that that main contractor receives from the subcontractors. Hank, I don't believe I missed a thing. MR. JONES: You got it right on. But let me even add a little bit further. For example, the original courthouse GMP for 36-odd million had a number of subcontractors that were awarded that portion. When we went out to get a new GMP to finish the fourth through seventh floor, Kraft readvertised for subcontractors and obtained multiple bids for those portions of the work and, in fact, in all but the case of two trades, the new subcontractors covered under this particular GMP are different from the ones that were originally bid the first part of the annex, which was quite surprising, but that reflects the downturn in the market, I believe, the more intense competition Page 297 October 23-24, 2007 among the outfitting -- what I call outfitting -- trades in the building group. So, in fact, only, I think, the plumbing contractor and the fire sprinkler contractor, which is codified to be the same contractor for the entire building, are the same in this secondary GMP. So they did get all new low bids for the subcontracts. And further, I might add, in terms of the deductive change orders, recognizing the discussions that went on two weeks ago, I agree that the money comes back to the county. And in fact, most cases when there is a lesser quantity, as you were referring to earlier, in that case, we've been executing change orders to the original deductive change order that decrease the quantity to guarantee that it comes back to the county . One interesting note there is though, when we do that, the 5 percent stays in our pocket somehow one way or the other, which doesn't seem quite right, but we're figuring a way to make sure that that's done correctly. COMMISSIONER HENNING: Just one question. Crystal, the letter of change took out the -- those -- and it's been a while since I seen it -- those -- and if it's your understanding, ifhe buys it for a lesser amount, those monies were supposed to come back to us, correct? MS. KINZEL: I believe what we talked about two weeks ago, the original agreement that Kraft signed agreed to give that money back to the county. There were some change order letters that were administratively executed that changed that clause and gave that money back to Kraft. Those administratively issued change order letters then did come back to the board at the last agenda to ratify or certify, but that's what raised the question of, the original contract with Kraft said that money __ those dollars came back to the county. It was amended then to say the money went back. Page 298 October 23-24, 2007 So I think any contract is only held as good as the agreement that you have with the vendor and the contractor. And the issue that was raised by those changes giving the money back to the vendor was that Kraft originally signed the contract that said the money came back to the board. And so for -- that change needed to be a Board of County Commissioners decision as to giving that money back to them or not, and that's my understanding and that's the conversations that we had had with the contracting group on the change to that -- there were, I believe, three letters to Kraft and one to Wright Construction, if my memory's coming back, and all four of those letters changed that provision from the original agreement. COMMISSIONER HENNING: So we'll go back to my original question on this contract. Does it have that language in it with this amendment or is it a part of -- MR. JONES: This is an amendment, as I understand it -- and I think Steve is on his way to affirm it. But as I understand it, this is an amendment to the preexisting GMP contract with Kraft which did have, originally, the difference in deductive change orders coming back to the county. Now, what was passed at the last meeting -- here's Steve. COMMISSIONER HENNING: Let me just restate my question. MR. CARNELL: Sure. COMMISSIONER HENNING: With this amended contract, does it remove the language that the savings on goods, if there is a savings on goods, come back to the board, or does it stay with the contractor? MR. CARNELL: This contract was amended previously in the last discussion. And let's make sure we understand what we did because -- COMMISSIONER HENNING: We had a lot of discussion. I think everybody understands. MR. CARNELL: Yeah, let me just do it -- but I can give you a Page 299 October 23-24, 2007 very succinct answer because, Commissioner Henning, I think you're going to be satisfied that you're getting at least part of what you're after here. The -- as Mr. Mudd said to you earlier, what we -- what we did was correct an inconsistency in terms of how the pricing was being handled. The GMP is composed on pieces, all kinds of parts and pieces, if you will, in different pricing. Some of the pricing is unit priced, a lot of it is lump sum priced. And the issue is, when we back the purchases out of the contract, we issue the purchase orders directly to the vendor. That's how we get the tax savings legitimately under Florida law. And all we were trying to do was be equitable and fair and say, if you priced it as a lump sum price to get to -- from the beginning, then you -- essentially you get the full payment for those goods regardless of exactly how many you deliver because we're in a lump sum arrangement while you've borne the risk. You take the risk of assuming a set amount, whether you have to deliver more or less. Now, in the example you were asking about tables. Typically-- and I'm making a general statement here. Typically something like that, if we specked 10 tables and they delivered eight and we only need eight, we'll pay them for eight. Typically those are priced, unit priced. Where you have a lump sum price would be something like concrete, rebar, fluid materials where you're making an estimate as an engineer about how much needs to go in. And when you actually go out there and pour it, it's different because it's just -- that's just the way that works. It's never precise down to the last cubic yard in reality. So that's what, in a sense, we were saying, we'll pay lump sum, because that's how the contractor priced it, he bore that risk, so we'll be consistent with him even though we're pulling it out to get the sales tax savings. We're not pulling it out to try to turn it into a unit price agreement that's totally one sided in our favor. Page 300 October 23-24, 2007 So the master agreement was amended, so this issue's already been addressed at the larger contract level. COMMISSIONER HENNING: Okay. So the answer to my question is -- MR. CARNELL: The answer is, you'll get some of the savings you're looking for. COMMISSIONER HENNING: Well, yeah. MR. CARNELL: You will -- COMMISSIONER HENNING: That's how the contract -- it is now. So in my last contract -- and I'm ready to make a motion to approve -- now, when we -- we buy 10 yards of concrete and the contractor has a reduced price and there's a sales tax on that, do we get the sales tax back on the amount that was -- that was formulated, the 10 yards instead of the eight yards? MR. CARNELL: Yes. We get it -- he prices it to the amount we specify. COMMISSIONER HENNING: Okay. MR. CARNELL: And we get 6 percent off of that. COMMISSIONER HENNING: Okay. So I'll make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning for approval, second by Commissioner Halas. Now that's for the motion just as stated in the staff recommendation. COMMISSIONER HENNING: Because, yeah, we had to clarify of what the contract says. CHAIRMAN COLETTA: No, that's fine. Just wanted to make sure. COMMISSIONER HALAS: Very good. CHAIRMAN COLETTA: And Commissioner Coyle, right back to you. COMMISSIONER COYLE: Yeah, I have a question, a slightly Page 301 October 23-24, 2007 different issue. The Kraft Construction bids a guaranteed maximum price and, as you stated, they did this by collecting bids from subcontractors and they created a guaranteed maximum price, but then over time they might change subcontractors. They might get a subcontractor that provides the same services for less money than they had originally estimated. What happens under that circumstance? MR. CARNELL: Well, first off we have a provision, they need our prior approval to do that, and we don't encourage that, Commissioner, because we have an interest in a reputation as an owner to not -- not only with our general contractors, but with our subcontractors, to not allow what can be called or known as bid shopping, where the general names a sub and then later on goes and shakes them down, if you will, for money. And if you won't do it for this price, I'll get someone else to do it at this price. Now, first off, you don't have a lot of that happening in CM at Risk because the general, Kraft, is not competing for the job. He already has the job. So there's much less of an incentive for the general to do that in the first place. But the safeguard is that if the prime or the general, in this case really the construction manager, which is Kraft, ifhe wants to make a change, he needs to come to Mr. Jones and say, I need to change my plumbing subcontractor because of reasons A, B, and C, and provide justifications. Now, one of the things Mr. Jones is going to sniff for is, is this a pricing issue. And I would say in the vast majority of cases, we would turn them down if it's simply we're trying -- we're going with somebody else to save money. MR. JONES: Unless they offered us a change order credit. MR. CARNELL: I suppose we could. MR. JONES: Ifthere's a viable reason. MR. CARNELL: You could. You see what he's saying. If they're going to pass the savings on to us, okay, financially there's an Page 302 October 23-24, 2007 interest there, but even then we still have a reputation interest to consider. And so we would -- we'd have to think that through before we'd approve something like that, and if we did, it would come through as a change order reported in the system that the board would see each month, if we had a price change. COMMISSIONER COYLE: Okay. So bottom line is, they require our approval to change a subcontract, and if there is a price adjustment associated with that, if the change is justified, we get the benefit of that price adjustment. MR. CARNELL: That's correct. COMMISSIONER COYLE: Okay. That's all I wanted to nail down. CHAIRMAN COLETTA: Any other questions? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #10F RESOLUTION 2007-308: 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 Page 303 October 23-24, 2007 IMPROVEMENTS REQUIRED FOR THE EXTENSION OF SANTABARBARA BOULEVARD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD - ADOPTED MR. MUDD: Commissioner, the next item is 10F. It's a recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage, and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. Capital improvement element number 32, project number 60091. Estimated fiscal impact, $3,750,000. And Mr. Jay Ahmad, your Director of Transportation Engineering and Construction Management, will present. MR. AHMAD: Good afternoon, Commissioners. Jay Ahmad, for the record. We're here before you again asking for a superseding resolution for this project, Santa Barbara extension from Davis to Rattlesnake Hammock. There are minor errors that we found in the legal descriptions and the property maps, and we have corrected those, and our attorney says that we have to bring the whole resolution again before you for approval. In doing so, I'd like you to have considered that the previous resolution that was adopted by you on July 25,2007, that you have considered the community impacts, the alignment variations that we have considered in adopting this resolution, the costs, the environmental assessment of this project, and traffic safety, that all these issues were considered in your deliberation for approval of this item. CHAIRMAN COLETTA: Great, okay. Commissioner Halas? Page 304 October 23-24, 2007 COMMISSIONER HALAS: So has there been any increase in costs since this has been brought -- since we discussed this last? MR. AHMAD: The costs remain identical to what we have-- COMMISSIONER HALAS: Okay. So this is all -- all we're doing here is just taking care of the scrivener error. MR. AHMAD: Correct. COMMISSIONER HALAS: Motion for approval. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion for approval by Commissioner Halas, second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #10G FISCAL YEAR 2007 GRANT REPORT PROVIDING AN ANNUAL UPDATE OF GRANT ACTIVITY - TO ACCEPT REPORT - APPROVED MR. OCHS: Commissioner, the next item, item lOG, recommendation to accept fiscal year 2007 grant report providing an annual update of grant activity, and Marlene Ford, your Grants Page 305 October 23-24, 2007 Coordinator, will present. MS. FORD: Hi, good afternoon. Marlene Ford, for the record. The grants report provided to you demonstrates that Collier County has been very successful with grants in FY-'07. The success is due to a combined effort by all the departments of Collier County. As you see in the report in FY-'07, we were awarded over $56 million in grant funds, and matched that with another $88 million in other funding and in-kind services. I have since been notified since this report was prepared that we were awarded another $42,000 in funds and also have an additional 137,000 in matching funds. In addition, the sheriffs office also reported $10.7 million in grant funding for '07. So that's the report for '07. If you have any questions, I'll be happy to answer them. CHAIRMAN COLETTA: I want to extend my personal thanks, and I'm sure the thanks of my fellow commissioners. Fixty-six million dollars is absolutely remarkable. Thank you. MS. FORD: It's an undertaking from a great many people. COMMISSIONER HALAS: Motion for approval. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion for approval, and it was second by -- COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: This is not an action item. CHAIRMAN COLETTA: Be right to you, Commissioner. Motion for approval by Commissioner Halas, second by Commissioner Coyle. Commissioner Henning, I'm sorry. COMMISSIONER HENNING: This is not an action item. CHAIRMAN COLETTA: Well, we're accepting the report. That's what the motion was for, right? COMMISSIONER HALAS: Right, accept this report, definitely. Page 306 October 23-24, 2007 CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: CHAIRMAN COLETTA: The ayes have it, 5-0. Thanks again. MS. FORD: Great, thank you. CHAIRMAN COLETTA: We really do appreciate it. COMMISSIONER HALAS: Thank you very much for the hard work. Item #101 AWARDING CONTRACT 07-4183 - GATEWAY TRIANGLE STORMW A TER IMPROVEMENTS PROJECT PHASE 1 CONSTRUCTION TO D.N. HIGGINS, INC. IN THE AMOUNT OF $1.048,565.50 - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 101, and this is a recommendation to award contract 07-4183, Gateway Triangle stormwater improvements project, phase one construction, to D.N. Higgins, Inc., in the amount of$I,048,565.50, stormwater management department project 51803. And Mr. Jerry Kurtz, who's the Senior Project Manager for Stormwater, will present. Page 307 October 23-24, 2007 COMMISSIONER HENNING: Move to approve. CHAIRMAN COLETTA: Motion for approval by Commissioner Henning and a second by -- COMMISSIONER COYLE: Me. CHAIRMAN COLETTA: -- by Commissioner Coyle, me. And any discussion? Commissioner Fiala, anything you want to add? COMMISSIONER FIALA: No, I just am so glad that we're doing this. Thank you so much. CHAIRMAN COLETTA: Well, thank you. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #10M RESOLUTION 2007-309: AMENDING COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FEE SCHEDULE PERTAINING TO RENTAL REGISTRATION PENDING APPROVAL OF THE RENTAL REGISTRATION ORDINANCE - ADOPTED W /STIPULA TIONS MR. MUDD: Commissioner, our next item is number 10M. It's to amend the Collier County Community Development/Environmental Services fee schedule pertaining to rental registration pending approval of the rental registration ordinance, which we'll have at the Page 308 October 23-24, 2007 next meeting. Mr. Joseph Schmitt, your Administrator for Community Development's Environmental Services will present. CHAIRMAN COLETTA: Okay. And we do have a speaker on this item also. MR. MUDD: Or maybe he won't present. Between Jennifer and I, we can present this particular item. At the last board meeting the Board of County Commissioners asked us to come back as soon as we could to amend the fee schedule for late registration -- late registration fees for rental properties. In so doing, we found that we could get the resolution done, but we couldn't get the ordinance done in time for advertisement. So what you have before you today is the resolution to adjust the fee schedule for that particular item. And what the board told us to do the last time -- and I'm trying to get the item real quick -- was to gear it toward properties instead of units, as it was previously, and to adjust the late fee so it was capped so it would be no more than four times the resubmittal fee, which is the $20. We also had a discussion about the state requirements for professional businesses and their registration fees on these rental units, and we also put those requirements into this particular resolution. Now, the Department of Business and Professional Regulation, county attorney staff did some searching and had some conversations with their staff to make sure that they -- that we've got their exact requirements and what they asked of these rental properties -- I'm talking about apartment complexes and whatnot -- when they register with the state, and made sure that we -- we put those particular idiosyncrasies into this resolution. At one time we thought, during the discussion at the last meeting, that we would be able to get, let's say, a landlord that had four rental properties that were -- that were all over the county, and they would Page 309 October 23-24, 2007 be registered with the Department of Business and Professional Regulation, and that is not the case. And so after checking with their staff, it has to be collocated in a particular area, particular property, or folio number in order to have the registration with the DBPR. And so the late fee -- and the change to the resolution is on page 70f7. The initial registration fee would be $30 per property. The annual renewal fee would be $20 per property. And I'm on lA, B, and going down to 1 C. The annual late fee would be $10 per day for property up to a maximum of$80. The term property means a parcel with any number of rental units located thereupon. A rental unit -- and I'm on E. A rental unit is any dwelling that is not owner occupied but occupied by someone other than the owner for any portion of a calendar year. Go to 002, rental inspections. The inspection, $200 per unit is number A. B, reinspection is $50 per inspection per unit. And go to C, which is an ad -- which is 2C, a rental inspection shall not be required for rental units covered by the Florida Department of Business and Professional Regulation, DBPR license. A copy of the DBPR inspection report shall be provided with the initial rental registration and all subsequent rental renewal applications. And I believe that captured what the board had told us to do the best we could after we talked with the DBPR staff in order to get everything that you needed on this particular resolution. Do you have any questions? Jennifer and I will-- CHAIRMAN COLETTA: Yes. Let's start off with Commissioner Henning. COMMISSIONER HENNING: So basically we're going to do it by portfolio then? MR. MUDD: By property, yes, sir, folio number. COMMISSIONER HENNING: So rental inspections shall not be required by -- if they have a DBPR? Page 310 October 23-24, 2007 MR. MUDD: Yes, sir, because they -- based on -- based on what we were told and based on our conversations with their staff, if they are registered with the DBPR, the DBPR does inspections of those particular properties and has reports. COMMISSIONER HENNING: So anybody who has this license won't have to participate in the rental registration program? MR. MUDD: No, sir. They'll still -- they'll still renew and they'll still have a registration fee, but the inspection piece, they will not take part of. COMMISSIONER HENNING: So what do they get for their registration? What services will they get? MR. SCHMITT: For the record, Joe Schmitt, Administrator of Community Development/Environmental Services Division. All their registration does is notify the county that they're registered as a rental unit, and ifthere's any complaints by any residents about the quality or the habitability of the unit, we will then conduct the inspection. So it's an inspection more on -- a complaint-driven type of inspection rather than a periodic inspection, as we would perform on other properties. COMMISSIONER HENNING: But more importantly if -- let's say that they kick out a tenant and all the stuff goes to the street corner. You have an ability to contact that owner quickly as compared to -- MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: -- just moving out? MR. SCHMITT: Yes, sir. Of course, we would assume that these are managed -- these are professionally managed properties and that the management company would have a handle on that. But this would give us -- identify that the property is a rental and it gives us -- it still gives us the authority, if deemed appropriate under the housing standards ordinance, that if, in fact, the property needs to be inspected, we would still have the authority to do that, and that's the ordinance Page 311 October 23-24, 2007 2004-58. COMMISSIONER HENNING: Okay. Great. Any speakers? CHAIRMAN COLETTA: Yes. Please call the speakers. MS. FILSON: Mr. Chairman, I have one speaker, Lora Jones. CHAIRMAN COLETTA: We're a lot closer to that answer now, aren't we? MS. JONES: Yeah. For the record, my name's Lora Jones. I have -- I'm a landlord. I own a four-plex in Golden Gate City. I've been -- I've owned it since 1998. I have paid the rental registration starting -- it started out at $10, and now it's gone up to $80 for the building. I did fail to pay by June 30th, and I was handed on -- two weeks ago from Evelyn at the code enforcement, a bill for over a thousand dollars for being late. I do not think that's fair. I do think it's appropriate. There's no cap on it. I mean, when's the $10 a day going to stop? There was -- I received no late notice, no, you know, friendly reminder, did you forget, you know, because I would have definitely paid. I have been paying the last 10 years. I have owned up to 19 apartment buildings, but since I got divorced, we've had to sell. I would eventually like to buy more apartment buildings to rent, but if I keep getting this, I won't. I won't buy nothing else again. And on my letter that I did receive back in June, you know, to pay, it says here that the late fee is four times the amount of what the property is, so that's a lot more than what my -- or a lot less than what my bill is that they gave me. It's over a thousand -- I think it's $1,042, 1,060, for a $20 late fee because I forgot to pay. CHAIRMAN COLETTA: That's why we're moving towards that direction trying to correct this and the injustice that exists. I'm glad you're here today. There was a tremendous outpouring of grief when these things were going through, and we got to the point Page 312 October 23-24, 2007 now where, I guess you're -- is there anyone else in the audience from the industry? Yeah, good. So you're bearing witness. Obviously you're not terribly distressed with the direction we're trying to go at the moment, which is good. Mr. Schmitt, would you address what was just said just so -- in plain terms, to where we were, where we are, where we're going now, just -- MR. MUDD: Joe, let me-- MR. SCHMITT: Yeah, go ahead, Jim. MR. MUDD: Commissioner, I'd like to do that one because-- the last meeting we brought forward to the Board of County Commissioners a discovered inconsistency with the way your ordinance for late registration was being administered and what was on a piece of paper, okay, that you approved, and it gets at your point, ma'am. And the way the past regis -- the last resolution that was attached to the ordinance for late fees read, it basically -- it basically said, ma'am, that the late fee was $10 per day per unit, and so -- or really didn't mention unit, but you had to go to the ordinance. I understand what the letter said, and that's the inconsistency that staff had with what the board had passed. The staff did not have any authority whatsoever to cap that late fee at four times the renewal fee, which was $20 on a unit. And so we brought that to the board's attention. I have the state attorney investigating that particular issue to see if there were any things that were fraudulent, nefarious in the way that staff had acted with collecting these fees over the last couple of years. That's an active investigation. What we're trying to do today is get some clarification because there are some extraordinary circumstances, and you are one. I have another one that I can share with the board that has to do with 128 Page 313 October 23-24, 2007 rental units, and right now their late fees, according to the resolution and the ordinance as written previously, their late fee's up to $894,000, okay. So we will discuss all of those. But because we're under an active investigation, my recommendation to the board is, we collect what we're going to collect, and if the board determines they want us to go back and rectify those bills with the rental owners, the landlords, we will go so do that. But I would ask the board to let us finish the investigation and let the state attorney finish the investigation and this resolution that you have today go forward for this point on. And we have at least, from this point on -- and then we have to -- we'll have to rectify what happened in 2005,2006, and 2007 after we get the results of the state attorney's investigation. CHAIRMAN COLETTA: But meanwhile, the bill she's got, what should she do with it? MR. MUDD: She should pay it, sir. And I -- and based on the board's direction, okay, after we get the investigation back, we will-- we can go back and refund, if that's what the board's desire is on their previous regulation. And we will -- we will execute whatever you tell us to do, and we -- and staff will have a recommendation for you. CHAIRMAN COLETTA: The important thing is that there's progress being made. No, I know. There's injustices that happened in the past. This board is dealing with it one step at a time. If it was within our power, we'd just say, you know, heck with it all, you know, end it, but you have to go through the investigation, then we have to go back. I tell you what, I never agreed with the fees from day one. I still don't today. But I just wanted to give you an appraisal from the county manager so you had a better idea where you are. But keep bearing with us as we go through it, and we'll try to get this resolved, and hopefully I can -- we'll be all in agreement on Page 314 October 23-24, 2007 refund checks coming back your way. These funds are unjust when you're providing affordable housing. MS. JONES: Do we get interest on that? CHAIRMAN COLETTA: No, probably not. Probably not, but I mean, I would be more happy to get the check than to worry about interest. MS. JONES: Well, you know, I kind of consider this as like a business tax, you know, your occupational license except for kind of for a rental. And even, you know, those fees for being late is not that much. CHAIRMAN COLETTA: No, you're right. MS. JONES: You know, I mean, so I don't know why this can get so out of hand where you're liable to have people lose their properties for it. CHAIRMAN COLETTA: You got it. And that's why we're trying to address it. MS. JONES: And that's not right. MR. MUDD: Ma'am, if you are going to pay it, then do me a favor, when you write the check, in the notation, say, pay under protest. Okay. MS. JONES: Okay. CHAIRMAN COLETTA: Good advice. Commissioner Henning? COMMISSIONER HENNING: Well, you know, I don't like that direction, and really, I think it's up to the board's choice what we do, not the county manager. If I can make a suggestion under these from 2007, is charge the registration fee, put the rest of those in a hopper, and let us deal with that once the investigation is done and we get recommendations from the State's Attorney's Office. You know what I mean? And don't do anything with the late fees, and just put those in a hopper and let us deal we it, because we have to deal with the global issue, too, from Page 315 -,. '----' October 23-24, 2007 2005 all the way to 2007. Why would we -- it would create more paperwork trying to collect money and then, you know, reimburse it. You know what I mean? MR. MUDD: Yes, sir. I'm not arguing a point, but you could end up having to collect money after a registration that's already been made, and that also -- that also puts you in the other piece, too. Do whatever the board wants to do on this particular one. But I will tell you, there are late fees -- and I'm going to give you an example of that -- of that apartment complex that's a little bit -- is a little bit awry, but -- it's $855,000, I stand corrected. And I've taken the name off the apartment complex to protect the landlord. And if -- here's the total figure that's owed on the late fees, and the bottom registration renewal fee chart lays out what transpired, when due dates were on fees, how many days late the particular applicant was in 2005, how much the amount due and the amount was paid. They never paid on the late fees, so that late fee is pushing -- is pushing out to a particular piece. Then in 2006 they came in and registered, amount paid -- the amount paid on their particular properties. No late fee collected. Then you kind oflook at the 273, adds up to $449,00, and the 396 days being late adds up to 506-, so there you get up onto the 855,000 owed on the late fee, and that's a particular instance. But see, it wasn't just late in 2007, it was late in 2005. And if the board is saying to us at this juncture that they want us to just suspend collecting the late fee and only collect the application fee on the particular units, we can so do that and notate it. COMMISSIONER HENNING: Okay, great. That's my choice. CHAIRMAN COLETTA: Yeah. I'll second the motion. COMMISSIONER HENNING: And also in my motion is approve the amended resolution. CHAIRMAN COLETTA: Okay. And I agree with it. Commissioner Fiala, you want to weigh in? Page 316 October 23-24, 2007 COMMISSIONER FIALA: Yes. I just agree with whatever you've said. I mean what you've said, not whatever. CHAIRMAN COLETTA: I'm sorry. She said she agreed or disagreed? COMMISSIONER COYLE: Agreed. COMMISSIONER FIALA: I do agree. I do agree. CHAIRMAN COLETTA: Okay, great, thank you. And with that, any other discussion? And I've got two people. Yes, Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: It was stated -- this is for staff. It was stated that this person only got one correspondence stating how much this person owed and no other follow-up correspondence; is that true? MS. ARNOLD: For the record, Michelle Arnold, Code Enforcement Director. I don't know the specifics on this particular one, but we did send a renewal notice this year, and there was no delinquent notice sent. The way that we were attempting to address it is to create code cases for all those properties that failed to register timely. COMMISSIONER HALAS: Okay. So there was no other correspondence. Once you sent out the renewal notice, there was nothing else that staff did, say, a 30-day late notice saying, you're past due by 30 days? MS. ARNOLD: No. We've had reoccurring problems with the computer system that we have, and the only way that we were able to handle it is by creating code cases. COMMISSIONER HALAS: Okay. MS. ARNOLD: Yeah. This process is being -- it's in the process of being corrected with our new municipal or city view software program that we're going with. COMMISSIONER HALAS: Were you concerned that maybe we have something awry here? Page 317 October 23-24, 2007 MS. ARNOLD: Well, I'm concerned that we did not -- we weren't able to issue those notices, yes. COMMISSIONER HALAS: Yeah, because if somebody -- if something happened with the mail or if they misplaced it and then we didn't have a follow-up procedure -- MS. ARNOLD: Right. COMMISSIONER HALAS: -- other than a code case -- okay. MS. ARNOLD: That was some of the staff concerns, absolutely. COMMISSIONER HALAS: Okay. Thank you. County Attorney, with the motion that was made, where does that put us in the attachments that were made with the motion? MR. KLATZKOW: My understanding, the motion is that you're approving the resolution but you're asking the county manager to not collect any late fees at this point in time; just to hold off on it. MR. MUDD: That's right, but collect the registration fees. MR. KLATZKOW: Yes, the ongoing registration fees. COMMISSIONER HALAS: But we will continue to collect the registration fees at the new rate; is that -- MR. KLATZKOW: Yes, sir, by approving this resolution. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: And I'm sorry. Commissioner Coyle, and then I've got a comment. COMMISSIONER COYLE: Yeah, I just want clarification. I think I support the motion also. We're going to collect the registration fee at the levels which are specified in this new resolution? MR. MUDD: Starting today. COMMISSIONER COYLE: But wait a minute. How about for the people who have a problem right now? MR. MUDD: Okay. You told -- that resolution that you have that you put -- that was put in place in 200 -- in September of 2004 said, registration was done by unit, not by -- COMMISSIONER COYLE: Yeah, I understand that, I Page 318 October 23-24, 2007 understand that. MR. MUDD: -- not by property. COMMISSIONER COYLE: But we are determining by this registration, that that action was probably excessive and unreasonable. So we are saying that -- MR. MUDD: No, sir. You haven't said that, but-- COMMISSIONER COYLE: We haven't said that. MR. MUDD: What you're basically saying is, we have some issues previously, and it's been brought to the board's attention, and we have an invest -- an active investigation by the state attorney on those particular -- on that particular issue. And they're -- and we're providing information and they're collecting information. I have the records locked up. What we're basically saying to you is, we have a new resolution. You had speakers that came before this board last meeting that basically said that they believe that unit registration was too expensive and -- for the services that were being provided with that registration, they didn't believe that it was fair and equitable, and so the board directed us to come back with registration by property and a -- and a less -- COMMISSIONER COYLE: Onerous. MR. MUDD: -- onerous penalizing late fee that was capped. COMMISSIONER COYLE: Okay. But none of this is going to be retroactive. MR. MUDD: No, sir. The thing -- the only thing that's going to be retroactive, based on the guidance I just received, if the board so approved, is the fact that any late fees that are owed between 2005, 2006, 2007, would be put on hold until the state attorney's investigation is over, and then we bring this item back to talk about what you want us to do specifically to go retroactive, 2005, 2006, 2007. COMMISSIONER COYLE: Okay. All right. I got it. Page 319 October 23-24, 2007 CHAIRMAN COLETTA: Any other comments? COMMISSIONER FIALA: Commissioner Coletta? CHAIRMAN COLETTA: Yes, please. Go ahead. COMMISSIONER FIALA: Okay. I'm sorry if! interrupted anybody. I didn't mean to do that. Do we have a policy in place for what we are going to be doing about late fees for people who are continuously delinquent? CHAIRMAN COLETTA: Yes, we do. MR. MUDD: Moving forward, it's in there, and then we'll address that after the investigation. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COLETTA: Did you catch that, Commissioner Fiala? COMMISSIONER HENNING: She said yes. MR. MUDD: Yes, she did. She said thank you. CHAIRMAN COLETTA: Thank you. Any other comments? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you very much for being here. (Applause.) MR. MUDD: We're going to take a short break. Commissioner Fiala, you all right for a short break? COMMISSIONER FIALA: You betcha. Page 320 October 23-24, 2007 CHAIRMAN COLETTA: Okay. We'll see you in 10 minutes. COMMISSIONER FIALA: Okay. (A brief recess was had.) MR. MUDD: You have a hot mike, Commissioners. Item #10Q AUTHORIZING THE PREP ARA TION OF AN ORDINANCE AMENDING SECTION SIX OF ORDINANCE NO. 2004-62 BY PROVIDING FOR A TWO-YEAR EXTENSION OF THE TERM OF THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE FROM DECEMBER 31,2007 TO DECEMBER 31, 2009 - APPROVED; COMMITTEE DIRECTION GIVEN Commissioner, the next item on the agenda is 10Q. This is a recommendation that Collier County Board of County Commissioners authorize the preparation of an ordinance amending section 6 of ordinance number 2004-62 by providing for a two-year extension of the term of the Immokalee Master Plan and Visioning Committee for December 31, 2007 to December 31, 2009. Mr. Thomas Greenwood, Principal Planner with Comprehensive Planning, will present. MR. GREENWOOD: Tom Greenwood, for the record, Comprehensive Planning. This is an executive summary simply to get direction from the board whether or not you wish to extend for a two-year period the dissolution date of the Immokalee Master Plan and Visioning Committee. Right now, the way the ordinance is drafted and adopted, the committee would be dissolved at the end of this calendar year. As an update, the Immokalee Master Plan and Visioning Committee has gotten to the point where they've got a draft master plan for Immokalee. It's under review internally, and they have every Page 321 October 23-24, 2007 anticipation that it will be filed for a growth management plan amendment next year, and hopefully next year there will also be some action going toward doing some growth -- I should say some Land Development Code amendments as well. If you have any questions, I'll be happy to answer them. CHAIRMAN COLETTA: Just -- I know that there's been a tremendous amount of effort put into that plan. I don't think we ever had a master plan that has run so long or had so much detail going into it in the history of Collier County, at least not that I'm aware of. It's one of those things, they're aiming for something that's going to be stellar, and if you think it deserves the time that they're asking for, I make a motion for approval. COMMISSIONER HALAS: And I'll second that. CHAIRMAN COLETTA: Motion for approval by Commissioner Coletta and a second by Commissioner Halas. And Commissioner Henning? COMMISSIONER HENNING: How long have they been working on this? MR. GREENWOOD: I believe in earnest they really got busy in fall, right around Hurricane Wilma, fall of 2005. COMMISSIONER HENNING: Okay. They really got busy around Hurricane Wilma, but how long they been working on this? MR. GREENWOOD: I know there was an existing group before then, and I think the contract that was signed with the consultant occurred in that summer of 2005, and I think that's really where they started. MS. FILSON: This particular committee was created in 2004. COMMISSIONER HENNING: Okay. MR. GREENWOOD: Yes. COMMISSIONER HENNING: I -- you know, I -- it's worthy of finishing, but I'm just concerned that it's just taking too much time. And one consultant quit because I would -- what I'm told is, there Page 322 October 23-24, 2007 wasn't enough consensus on there and there was a -- there was a reshifting and -- of ideas and so on and so forth. MR. GREENWOOD: There are a variety of reasons, and I can say this, I think, number one, I think you have a very good appointed group out there, very serious, both the Master Plan and Visioning Committee as well as the CRA advisory board. And I know they're behind this. They want to get it quickly done as possible. And, again, their anticipation is to file the actual amendment next year, early next year. COMMISSIONER HENNING: Early next year. MR. GREENWOOD: Yes. It's taken a long time to get to this point. CHAIRMAN COLETTA: Tom, do you think they might be able to supply us with a time line, in other words, protecting the time out? I think if maybe they put a little bit more thought into it, they might be able to bring this to a conclusion a little bit sooner. MR. GREENWOOD: As soon as this review is being -- is completed by comprehensive planning, we'll have a very good idea. And I anticipate that they may be done in the next several weeks. CHAIRMAN COLETTA: Yeah. I'm going to include that in my motion, that we are supplied a time line of how everything's going to come down in the remainder of the time there and do everything I can to possibly encourage them to complete this in a time frame of less than two years. MR. GREENWOOD: I agree with that, yes. CHAIRMAN COLETTA: Does my second? COMMISSIONER HALAS: Uh-huh. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Commissioner Fiala, do you have anything? COMMISSIONER HALAS: She might be airborne. Page 323 October 23-24, 2007 CHAIRMAN COLETTA: Yeah, she may be. She was waiting for a flight. In any case, Commissioner Henning, anything else? COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: I agree with what you're doing, Commissioner. I'm going to vote for your motion. CHAIRMAN COLETTA: Okay. All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Let the record show that the motion was 3-0, with two commissioners absent. Item #lOR AUTHORIZING STAFF USE OF A DEVELOPER'S VERSION OF THE FISCAL IMPACT ANALYSIS MODEL (FlAM) AS A SUPPLEMENTAL PLANNING TOOL FOR INTERNAL USE ONL Y TO REVIEW PROPOSED DEVELOPMENTS OF REGIONAL IMPACT (DRIS), PROJECTS WITHIN THE RURAL LAND STEWARDSHIP AREA (RLSA), PROJECTS WITHIN THE RURAL LAND MIXED USE OVERLAY, AND OTHER MAJOR DEVELOPMENTS IN ORDER TO ASSESS PROJECTED REVENUE AND EXPENDITURE IMP ACTS UPON COLLIER COUNTY SERVICES - APPROVED MR. MUDD: Commissioner, the next item is lOR. It used to be 16A9. It's a recommendation to authorize staff use of the developer's Page 324 October 23-24, 2007 version of the fiscal impact analysis model, FlAM, as a supplemental planning tool for internal use only to review proposed developments of regional impact, DRIs, projects within the rural land stewardship area, projects within the rural land mixed-use overlay, and other major developments in order to assess projected revenue and expenditure impacts upon Collier County services. The item was asked to be moved at Commissioner Henning's request. MR. GREENWOOD: Thank you. Again-- MR. MUDD: Mr. Greenwood is here to present. MR. GREENWOOD: Tom Greenwood again, principal planner. CHAIRMAN COLETTA: Tom, before we go through any length, maybe we can move this along by -- Commissioner Henning, did you have anything in particular or just want to deal with the subject matter through a presentation? COMMISSIONER HENNING: Yeah. Mr. Greenwood and I talked briefly. It doesn't -- it doesn't really address the concerns I have. It's saying the staff is using the developer's version of FlAM. Who is the developer that provided this? MR. GREENWOOD: Let me explain how FlAM works. There really are -- there are 14 spreadsheets -- and by the way, the FlAM that we're looking at and have actually been using internally, even, you know, just because we've had to have the FlAM to review, for example, Ave Maria, the FlAM that we're using, have been using, is developed by Fishkind & Associates, and it's really been developed over the last 20 years in Florida. It's been in use both in the private/public side for this kind of review for a number of years. About a year and a half ago, myself and another person in comprehensive planning took training to learn the use of both the state or the DCA headed comprehensive planning version of FlAM and the developer's version. And up until late last year, early this year, DCA was going to -- in fact said their comprehensive planning version was acceptable for Page 325 October 23-24, 2007 formal adoption by local units in development; however, very abruptly they pulled that version off the website with really no announcement of such. The so-called developer's version, if you will, is really the basis for the comprehensive planning version which, again, is on the shelf by DCA. We don't know when they're going to pull it off the shelf. It has some problems. The developer's version is basically broken into two sets of spreadsheets. One set of spreadsheets, which is the last set of spreadsheets, there are nine of those, and those are so-called output tabs. The five input tabs are populated with Collier County specific information updated at least annually. And many of the FIAMs that the developers brought in the past were very dated with Collier County information. So I can tell you that it's updated annually or more frequently. For example, impact fee changes will go right into the FlAM. The most recently audited records from the Clerk of Courts go into the FlAM for revenues and expenditures. The only information that goes into the FlAM, the input tabs by the developer when a developer is proposed, for example, Big Cypress or Tradeport DRI is data that is specific to the project. And that data that the developer supplies that's specific to that project will be looked at with very close scrutiny by staff. Example, a DRI or Tradeport in Immokalee, it's a nice project. The developer's showing a seven-year buildout. It's 1,000 acres, more than 1,000 acres. Just under 3,000 dwelling units, 4- or 500 acres of industrial. That kind of assumption is very, if you will, I think, optimistic, and that kind of assumption is a quick buildout, also leads to model -- or tends to show the model having fiscal neutrality. I took the same seven-year buildout and put it into a 20-year FlAM, very easy to do. You show a lot of red ink. So what this FlAM is going to allow us to do is look at the developer's assumption, Page 326 October 23-24, 2007 air them out before the Planning Commission, before the BCC, and make some decision as to what is a reasonable buildout time. Another example of a developer input, up-front in a project when it's reviewed by FlAM, is the land use developments. And depending on how the land use is actually developed, in year one the plan is approved as X, Y, and Z; market changes five years or 10 years later, and all of a sudden there's an amendment to the plan. So what I'm saying is that almost all the information that goes into the FlAM will be Collier County specific, put in by staff. The only data that would be put in by the developer will be specific to their project, and that will be looked at very, very closely and critically, especially when it talks about a very short buildout, which may not be appropriate. So I don't know if that's addressed your question. You can call this a developer's FlAM, you can call it -- if you want, you can call it a -- I'd call it an internal interim supplemental planning tool. By interim I mean it probably will only be used until such time that the state actually has an official model that they said it's okay for the county or local units to adopt. Internally -- it will be used only internally by staff. The Collier County specific information will be available to developers because we want them to use the most current information. It will be supplemental to your decision making. It won't eliminate any codes, any Compo Plan regulations. And again, it will be a planning tool and be considered just that. COMMISSIONER HENNING: To answer your question, no, you didn't answer my question. MR. GREENWOOD: Can you -- COMMISSIONER HENNING: I could try it again. MR. GREENWOOD: Please. COMMISSIONER HENNING: Who -- what is the developer's name that provided the -- this FlAM? MR. GREENWOOD: The FlAM actually is developed by Page 327 October 23-24, 2007 Fishkind & Associates. It's a model, and the model has several thousand cells of information. Most of those cells of information that are data input come directly from the county in sources that are available to the county. So most of the information goes in -- a small part of the input is put in by a specific developer for a specific project, and then that FlAM actually pulls out of the input tabs output information such as job creation, ad valorem taxes, sales taxes and that sort of -- COMMISSIONER HENNING: So the executive summary's not correct then? MR. GREENWOOD: In what respect? COMMISSIONER HENNING: Well, it's saying for the -- authorize the staff to use a developer's version of the fiscal impact analysis model. So it's not a developer who developed this? MR. GREENWOOD: No, it's Fishkind & Associates. COMMISSIONER HENNING: Okay. MR. GREENWOOD: Yeah. And it's a model that's been in development for over the last 20 years. In fact, the State of Florida had such confidence in it they used Fishkind to develop the comprehensive version, which has the three additional input spreadsheets. But, again, that model has been determined by DCA to be flawed. And any use of this model will use a very conservative approach to it. COMMISSIONER HENNING: So the recommendation is authorize staff to use Fishkind & Association's (sic) updated version of FlAM? MR. GREENWOOD: Well, it's a FlAM that's been developed by Fishkind & Associates, and use it as an internal interim supplemental planning tool, and that data -- MR. MUDD: You're right, Commissioner Henning, what you just said is absolutely correct. COMMISSIONER HENNING: Okay. Page 328 October 23-24, 2007 MR. SCHMITT: Exactly right. COMMISSIONER HENNING: Now I get it. MR. MUDD: And I think where we get the distinction -- where we get the distinction, where they use this developer's piece -- because you've got just -- guys, let me try to get through this thought, okay. Is -- what Tom mentioned to you was the DCA version had three additional spreadsheets, okay, and those three additional spreadsheets skewed the output and gave him unrealistic outputs to the model so they shelved it. They shelved the whole thing. So what was remaining, what was there before the DCA version, and I believe that's what they call the developer's version, but it's a Fishkind model, yes, sir. MR. GREENWOOD: It's a Fishkind model. It will actually be a model that we will review developers' proposals. COMMISSIONER HENNING: Okay. Motion to approve. CHAIRMAN COLETTA: Okay. We have a motion to approve by Commissioner Henning and a second by -- COMMISSIONER HALAS: I'll second it. I got a question. CHAIRMAN COLETTA: -- Commissioner Halas. Yeah, we're coming right to you, sir. And we'll go to Commissioner Halas at this time. COMMISSIONER HALAS: I believe what this amounts to, it's a skill set that's available for the counties to use; am I correct, that that was put together for -- by Fishkind for the counties to use as their regional impact DRI study; is that correct? MR. GREENWOOD: Yes, sir. COMMISSIONER HALAS: Okay. That's what I figured it was. MR. GREENWOOD: It does the math, yeah. COMMISSIONER HALAS: Skill set. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Based on our last experience at getting some economic projections from Fishkind & Associates, I amO Page 329 October 23-24, 2007 extremely leery of this model. I certainly am not going to have much confidence in it. Does it cost us any money? MR. GREENWOOD: We have the use of the -- the real cost to the county is, we need to keep the model data current for Collier County specific information because when a developer submits developments to us for review, such as a DRI, we will put input into one of the input tabs called the developer's tab. And we will put in what the developer tells us, but then we'll look at the developer's rationale for each of those items such as years of build out for a project. And they will very likely say five or seven years because the output tabs will show it's fiscally neutral. In reality, it might take 20 years for the development to be built. MR. MUDD: So outside of staff time, sir, no, there is no cost. We have the model. We have the existing data set. The data set was built when we were part of the six counties or so that were selected to be guinea pigs, so to speak, to be the test base for the model for DCA. And we developed that data as being part of that test base, and that was funded by the state. That particular item had gone before the board prior, about a year and a half ago. So we have the data, we have the model. The only thing that's going to be a cost is staff time, and I believe staff time would have to go through and look at this DRI that comes in with an economic analysis that says, voila, look at how good this is going to be for the community. This is a tool that basically staff can go and look and see if what they're telling us is the truth or it's exaggerated. COMMISSIONER COYLE: Well, that's my problem. I don't think you know by looking at this model whether it's the truth. The only way you know whether a model is producing the truth is if you know and support and understand the assumptions that have been made in the model to create the calculations. And I am -- let's face it, it you don't have a model, it's better than nothing, I would guess, but I am extremely apprehensive about basing Page 330 October 23-24, 2007 any decisions on this model because, as I said before, I have been extremely disappointed in the projections which these people have provided us in the past. And so I -- I understand why you want to use it. I don't have any objection to it, but I want to vote against it. MR. GREENWOOD: And, again, the assumptions that go into the model that are presented by the developer will be scrutinized where staff disagrees with some of those assumptions, such as buildout time and others. Those will be part of the discussion when it goes through hearing. And, again, the FlAM will be just one item that you'll be able to review. COMMISSIONER FIALA: Commissioner, this is Donna Fiala. Can you hear me? CHAIRMAN COLETTA: Go ahead, Commissioner. COMMISSIONER FIALA: Okay. I was just wondering, will it be -- who will be managing the information? Who will actually be in control of all the information that we submit through this process? MR. GREENWOOD: All of the -- all of the input data that goes into the model, those five spreadsheets, will be Collier County specific, will be sources, probably a hundred-plus sources for that information. A small part of the information that goes into that input will be relative to the proposed project, and that information relative to the proposed project will be the source of staff scrutiny, Planning Commission, BCC scrutiny, and ultimately approval. But again, you can't count on the model as being a hundred percent accurate because it isn't. COMMISSIONER FIALA: Yes, I understand that. I was just wondering if any of this then is pumped into Fishkind and they are -- they are the final holder of all of this information for -- for distribution at some further point, or does it stay within the county? MR. GREENWOOD: The only information that we would share Page 331 October 23-24, 2007 with any developer that's required to submit a fiscal impact analysis model will be the Collier County specific information, which will probably be more current than what they have access to. COMMISSIONER FIALA: Okay. Just within our own government? MR. GREENWOOD: We intend to use just this as an interim internal planning tool, and yes, it won't be on the website. I think I put it on the website for some of you to review it if you'd like. It's still on there, but it will be pulled off the website. It's under FlAM on the comprehensive planning website. But it -- it's a very powerful tool. But, again, like anything else, we're making projections five and 10 or 20 years out. Neither the county nor the developer could make it with any real great accuracy, but you try to make your best guess and look at all those assumptions and the buildout time and those sorts of things while you're reviewing the project. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Yes. And I'm going to -- you know, the reason -- I mean, my reasons for being a little skeptical at times, maybe not always justifiable about Fishkind, is what I've seen when it came before us for affordable housing and their findings in one case where Fishkind was used by the petitioner for a project off of Pine Ridge/Airport, that there was no need for affordable housing, that all the needs were met, you know. I mean, they skewed the evidence so much. And I know Fishkind is very, very involved in the Urban Land Institute, and I enjoy going to their meetings and pick up a lot of information, although I do occasionally get into very interesting discussions with the presenters. They've got some strong bonds to the development community. We've seen this numerous times. I've seen it in the Regional Planning Council. If you feel that the data that you've got to work with is not Page 332 October 23-24, 2007 skewed in the way that it's favorable to developers in the final part that it spits out in the end, the results it spits out, I'm more than willing to go along with it as a tool to be able to weigh everything. But you have to tell me you have that confidence that this -- what you're working with is a meaningful tool and not something that may be slanted in a way to give the developers, development industry, a little bit ofa one-upmanship on the rest of the community. MR. GREENWOOD: I have confidence that after using it for two years, learning how to use it for two years, that the output tabs are basically a series of formulas that pull information out of the input tabs. Almost all the information in the input tabs will be -- will come from county sources or other sources the county staff will load into those input tabs. The only thing that is really going to be subject for debate is buildout time. And, again, that's a major consideration. Another one, internal capture rate of traffic, those sorts of things, and those are the kinds of things that staff will red flag when we start running the developing -- CHAIRMAN COLETTA: So simply put, you don't any type of apprehension in using this particular database? MR. GREENWOOD: Just so that everybody knows that it's not perfect. There's going to be a percentage of error. What we try to do is to make the error certainly on the side of the county and be very conservative with such things as buildout, internal capture rate. CHAIRMAN COLETTA: Okay. Thank you very much. I do think that we've just about exhausted -- COMMISSIONER HALAS: I've got a question. CHAIRMAN COLETTA: Oh, I'm sorry. You've got a question, Commissioner Halas. COMMISSIONER HALAS: Yes. How many counties use this skill set? Do you have -- MR. GREENWOOD: I don't have a count. I know that are some Page 333 October 23-24, 2007 ofthe larger counties north of us, in Sarasota County. I'm not positive about Lee, but I know the -- COMMISSIONER HALAS: So there's other counties that -- MR. GREENWOOD: There are. COMMISSIONER HALAS: -- have already scrutinized this -- MR. GREENWOOD: Yes. COMMISSIONER HALAS: Okay. MR. GREENWOOD: Many of the urban counties are using something like this already. Many of the rural counties, as you might guess, it may be five or 10 years before they get to the point where they can use a model like this. COMMISSIONER HALAS: But counties such as Broward -- MR. GREENWOOD: They're using it. COMMISSIONER HALAS: -- possibly Palm Beach, the counties of this nature are using something similar to this or are using this skill set that was provided by Fishkind & Associates? MR. GREENWOOD: Yes, sir. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Thank you. Okay. I think we've probably exhausted this at this point in time. Any other comments? (No response.) CHAIRMAN COLETTA: Do we have a speaker? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. Commissioner Fiala, nothing new you want to add or question? COMMISSIONER FIALA: No, I'm fine. Thank you. I wanted to know -- well, I can ask you at another time or at another meeting. You had mentioned something about a Fishkind report that saw your satisfaction, or dissatisfaction, and I was wondering what that was about, but I don't mind waiting till another time. CHAIRMAN COLETTA: Okay. Thank you, Commissioner Page 334 October 23-24, 2007 Fiala. And with that, I'm going to call the motion. All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Let the record show that the vote was 4-1 with Commissioner Coyle being in the opposition. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to paragraph lion your agenda, public comments on general topics. Ms. Filson? MS. FILSON: Mr. Chairman, I have one speaker and he's left over from yesterday, but I think he's here, Stan Cummings. COMMISSIONER HALAS: Do we have -- oh, that was already pulled. Okay. Excuse me. MR. JOHNSON: Sorry. Stan Cummings became ill. MS. FILSON: Okay. MR. JOHNSON: I'm here -- didn't realize I'd be before the board this morning or this afternoon. MS. FILSON: Could I have you put your name on here for me, SIr. MR. JOHNSON: Mike Johnson, with Suncoast Auto Builders. MS. FILSON: Thank you. MR. JOHNSON: I'm here on behalf of the owner of Tamiami Page 335 October 23-24, 2007 Ford, Tim Zellers. We're out there -- we're currently in final review with fire, having failed them twice, trying to get past them on remodeling their service area. And we're using a temporary tent to bring them under -- to get them out -- for the safety of his customers and his workers out there, just a place for them to pull under to write their service work orders instead of out there in our hot sun and rain. And I understand the county's reason for having a limit on that. As far as time-wise 28 days, I believe, is the limit. And you know, the intent is for sales, but we're really not doing that. It's not obvious to the road. It's off Mercantile. It's not obvious from Airport-Pulling. Just trying to get some lenience while we get that final approval. We kind of jumped the gun on getting them out there a little bit early and hate to see them have to take that down. CHAIRMAN COLETTA: In a previous life, I used to rent tents for a living, I don't know why, but I did. And I can tell you-- COMMISSIONER COYLE: You were a tent maker. CHAIRMAN COLETTA: -- I've been against it all. And I can tell you, there's exceptions to that. And if for one, have absolutely no problem having this brought back at a future agenda and maybe we can get -- and I would recommend if we're going to do that and if my commissioners agree with me, that we also have -- ask code enforcement to hold off any action till that point in time we can deal with it. MR. JOHNSON: I'd appreciate that. CHAIRMAN COLETTA: That would be my own personal feeling, only we have to hear from the commissioners. Commissioner Halas? COMMISSIONER HALAS: Your big concern is getting through the process with fire; is that correct? MR. JOHNSON: Yes, big concern. COMMISSIONER HALAS: We understand it, and we try to put Page 336 October 23-24, 2007 pressure on them. I think we also have a committee that's supposed to be addressing this issue, I'm not sure where they're at, but we understand your frustration. We really don't have that much clout over those people. We're hoping that we can come to some agreement so that people throughout the county that want to have structures built, whether they're residential condos or, in your case, a business, that we can expedite this in a quicker manner than it's been -- than it's been happening here lately, so -- MR. JOHNSON: It's been a real struggle for Mr. Zellers, you know. He, in fact, attended the last meeting over at fire. CHAIRMAN COLETTA: Mr. Mudd? MR. MUDD: If I can ask the petitioner a question. The tent permit that you've got, how long have you had it? MR. JOHNSON: We'd had it for -- I think we're on the final days actually. MR. MUDD: Okay. So you've had it about a month? MR. JOHNSON: Yes, sir. MR. MUDD: You know, you can come back in and renew it for another 30 days? MR. JOHNSON: From what I'm told from code compliance, it's not renewable because of the intent that they'd have it for car sales. MR. MUDD: Okay. CHAIRMAN COLETTA: They're allowed so many times a year, and they probably had some sales, and so they used up some of the permits. This is a different circumstance entirely. I believe that's still the rule that goes back -- COMMISSIONER HALAS: I think -- CHAIRMAN COLETTA: -- seven years ago when I was in the business. MR. JOHNSON: I've learned a lot about it here recently. CHAIRMAN COLETTA: Is there -- can we do this, Mr. Mudd, Page 337 October 23-24, 2007 bring it back for special consideration of the commission? MR. MUDD: Board can set that policy and take exception. COMMISSIONER FIALA: Could I interject? Has he called any one of the fire commissioners to seek some help? MR. JOHNSON: Yes. We had a meeting with them last week with Mr. Ed Riley, and he was pretty helpful. COMMISSIONER FIALA: Well, he's not one of the fire commISSIOners. MR. JOHNSON: Oh, I'm sorry, not the commissioners, no. We just been going with the plan review. I hate to go too far over people's heads. COMMISSIONER FIALA: Well, I would sure like to make a suggestion that you call one of the fire commissioners. Sometimes they're able to help unsnarl something like this. CHAIRMAN COLETTA: In the meantime, Commissioner Fiala, we have the problem of them being out of business or putting in their employees undue duress underneath the sun if the tent has to come down because they're remodeling the building, if I remember correctly. MR. JOHNSON: Yes. CHAIRMAN COLETTA: And you know, this is something, I think, that we should give consideration to at a future meeting as far as granting them -- COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Okay. Do I have one more commissioner that agrees? Okay. We got three commissioners that are onboard on bringing it back. Thank you so much for being here. MR. JOHNSON: Thank you. Appreciate it. CHAIRMAN COLETTA: Meanwhile, too, that direction also included on the understanding that code enforcement will hold off any action until we do have a chance to bring it back and take action. Page 338 October 23-24, 2007 COMMISSIONER FIALA: Could I make the suggestion that he call Tom Cannon, 774-3712, and talk to him about it? CHAIRMAN COLETTA: Yes, that's 774-- MS. FILSON: 3712. COMMISSIONER FIALA: 3712. CHAIRMAN COLETTA: 3712. Everybody write down Tom Cannon's number that has any kind of concerns over fire inspections. Close personal friend of Donna Fiala's and Jim Coletta's, and mention our names and it will get you to where you want to go. MR. JOHNSON. I'm liking the way this sounds. MS. FILSON: Did you get the number? CHAIRMAN COLETTA: Tom's going to love me for this. COMMISSIONER COYLE: Don't believe it. CHAIRMAN COLETTA: Commissioner Halas, while we're __ COMMISSIONER HALAS: Yeah. Is this an inspection or is this an approval? Do you know, in the process, where you're at? MR. JOHNSON: It's permitting approval. COMMISSIONER HALAS: It's for approval. MR. JOHNSON: Yeah. COMMISSIONER HALAS: Okay. Yeah, you better see if you can get ahold of some fire inspectors, but that's -- that may be where they'll make you jump through hoops. That's where we've heard a lot of complaints, where they'll come up with a plan, and then they'll start to move in that direction, and pretty soon there's another review, and all of a sudden, oh, by the way, you've got to have this added to the system. Is that what you've been experiencing? MR. JOHNSON: Pretty familiar. MR. MUDD: But you do have the construction permit? MR. JOHNSON: No, that's the problem. MR. MUDD: Okay. You haven't started remodeling yet? MR. JOHNSON: No, but we moved them out in preparation for that. Page 339 October 23-24, 2007 COMMISSIONER HALAS: I know where you're coming from. CHAIRMAN COLETTA: Thank you so much for being here today. MR. JOHNSON: Thank you so much for your time and consideration. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Now, county attorney's report? MR. MUDD: No, we're not there yet, sir. CHAIRMAN COLETTA: Oh, forgive me. MR. MUDD: We're going to bring that item back on the 13th of November, sir. Mr. Johnson? MR. JOHNSON: Thank you. COMMISSIONER HALAS: 13th. MR. MUDD: 13th. Item #12A DISCUSSION AND DIRECTION REGARDING COLLIER COUNTY PUBLIC RECORDS POLICY - MOTION THAT PUBLIC INFORMATION REQUESTS FOR ITEMS ON THE AGENDA OF AN ADVISORY BOARD ARE TO BE FREE OF CHARGE THROUGH THE COUNTY MANAGER. THE ADVISORY BOARD MEMBERS ARE TO HAVE THE COUNTY MANAGERS CELL NUMBER AND E-MAIL TO ASSIST IN GETTING THE INFORMATION. STAFF TO BRING BACK A RESOLUTION THAT ADDRESSES RECORDS ACCESS TO A FUTURE BCC MEETING - APPROVED Commissioner, next item on your agenda is 12A. It's a discussion and direction regarding Collier County public records policy, and you write commissioners, county attorney's report. I just thought you were going to communications already, and that isn't a Page 340 October 23-24, 2007 good thing. Still have one item. MR. KLATZKOW: Yeah. The issue came up when you had a member of one of your advisory boards request documents. The documents, I believe, in furtherance of his duties as a board member. There was a charge imposed by staff of approximately $60 for furnishing these documents, and we're bringing this forward to get board policy as to whether or not when an advisory committee member requests documents, are we to charge him the statutory fees for the copies to go to the staff time or waive them? And it's purely board policy. CHAIRMAN COLETTA: Okay. Let's start with Commissioner Halas. COMMISSIONER HALAS: I-- CHAIRMAN COLETTA: Forgive me. That's from before. COMMISSIONER HALAS: Yeah. CHAIRMAN COLETTA: Let's start with Commissioner Coyle, go to Commissioner Henning. COMMISSIONER COYLE: I can think back some times when we've had activists on advisory boards who seem to abuse the process where they were acting pretty much on their own for causes that they, themselves, supported, and it seems to me that under those circumstances, they should be treated just like members of the public, but if they're acting as part of the advisory board as a result of the approval of the advisory board to pursue a particular topic, I don't think we should be charging them for it. So I see a distinction between an advisory board member taking on a special project that isn't -- hasn't been approved by an advisory board and then expecting that they can get those documents free of charge. You can imagine what would happen under those circumstances with the general public then coming to individual members of advisory boards, saying, hey, get me all these documents because I Page 341 October 23-24, 2007 want to do something with them and I don't want to have to pay for them, and so the advisory board members are acting on behalf of other people. I don't think that's the purpose of this process. And I guess my feeling is, that if it's part of the advisory board function, if the advisory board had said -- has said, yes, we want to look into this particular situation and get these things, I don't see any reason why we shouldn't make those free. Does that make sense? MR. KLATZKOW: That's an approach, yes. So would you want the advisory board to actually make the request or individual member of the advisory board? COMMISSIONER COYLE: I think the advisory board chairman should make those requests. MR. KLATZKOW: Okay. COMMISSIONER COYLE: I think it provides for a better control, a more orderly process of getting the necessary documents, and we can account for it a lot easier, and we can make sure that it is an official request of the advisory board rather than some activist who has gotten on the board just to -- just to bypass the process. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: You know, maybe I could help you out. I know what you're talking about. I don't think that there was a lot of public records from that person. But how about if we just say that anything on the advisory board that a member wants extra information, that they provide it at no charge? If it's not on the agenda, then I think that you can come to the conclusion, it's an example of what you just said, is somebody that's an activist on something that are not -- the whole board is not dealing with. You know what I mean? COMMISSIONER COYLE: Yeah. I think we're in agreement then. You know, if somebody wants additional information on an advisory board and they -- they get the majority of the support ofthe Page 342 October 23-24, 2007 advisory board to do that, I don't see any problem at all. COMMISSIONER HENNING: Well, the problem is, agenda packet is placed, and it's an action item for them to make a recommendation to the Board of Commissioners. If there's not enough information for one to make a decision, then it would be best to have -- provide that information as requested to that one person instead of having to go through the majority of the board. And let's see how that works. COMMISSIONER COYLE: So let's suppose it were a member of a planning advisory board, they get their packet, they don't have enough information in the packet to make a decision or they need some information to review, just like we do, they would request additional information from staff? COMMISSIONER HENNING: Right. COMMISSIONER COYLE: And it would be something that would be related -- would be specifically related to an agenda item on the -- COMMISSIONER HENNING: Yes, specifically to the item on the agenda. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: I don't think I can argue with that. COMMISSIONER HENNING: Yeah. I mean, let's say -- let's say you got -- the case is there was -- the coastal advisory commission wanted some information on dredging and they wanted the historical information on that dredge. Now, that's -- they're asking that -- for information to give us recommendations. Maybe they can give the board a lot more information. Here's what I understand. Planning Commissioner Mark Strain gets a lot of information through public records, especially through the clerk's website, and he's very successful to formulate an opinion on the board, and through that extra information, I think they just give us great advice, so -- so you're in agreement with that? Page 343 October 23-24, 2007 CHAIRMAN COLETTA: Why don't -- we before we go to Commissioner Halas, why don't we form this into a motion. Since you started the discussion -- COMMISSIONER HALAS: Yeah, I think maybe we need to bring up some more stuff before we go into a motion. CHAIRMAN COLETTA: Okay. If you feel that way, Commissioner Halas. COMMISSIONER HALAS: I do, I feel that way. I also feel that these advisory boards, if -- once they're given direction to go ahead and obtain this information, I would like to see them go through the county manager so that he then can disseminate that information down to whatever group needs to pull up those records. I think there should be some control that way, too, okay? They have to go through the county manager, and then he, in turn, makes sure that that is sent down to the proper area in regards to addressing those issues. COMMISSIONER HENNING: I got a question on that statement. CHAIRMAN COLETTA: Yes. Go ahead, Commissioner. COMMISSIONER HENNING: You have a liaison to a board, an advisory board. Why would you want to go through the county manager, to have that advisory board go through the county manager when they can clearly go through the liaison to the board? COMMISSIONER HALAS: Yeah. That way I think we got -- also got control to make sure that this isn't being abused, because as we move into a more -- budget that's more -- has a -- is involved with austerity, I think we need to make sure that we're going in the direction that it's not going to be abused. And I think -- well, I just think it's a good way of making sure that the right thing is being done, and if there's any questions that something wasn't directed properly, then the county manager basically has the responsibility. COMMISSIONER HENNING: Well, how about this. If the board's liaison or the advisory board's liaison copy the county Page 344 October 23-24, 2007 manager on the request, and that way the county manager will be in full understanding of what's going on. COMMISSIONER HALAS: No, I don't -- I think that it should be county manager, then he directs the staff people. We're not in a position to be directing staff people, nor do I believe that the people on these advisory committees are there to direct staff. So I believe it's the authority of the county manager to direct staff when the request comes m. COMMISSIONER HENNING: Commissioner, they're advisory to the Board of County Commissioners. COMMISSIONER HALAS: I understand that. We go through the same process ourselves. Whenever I have -- if I have a request for information, I go through the county manager, and then I may have on there that I CC it to the individual. But the county manager has that, and then I make sure that he has the ability to direct staff if he feels so inclined. CHAIRMAN COLETTA: I do the same thing. Doesn't everybody? COMMISSIONER HALAS: I don't know. CHAIRMAN COLETTA: How do you do it, or don't you? COMMISSIONER COYLE: Nobody ever gives me any additional information, so I -- COMMISSIONER HENNING: You get your information for the developers after. COMMISSIONER COYLE: When I read the newspaper. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: Yeah, it's pretty much -- it's easy that way. COMMISSIONER HALAS: I go through Jeff (sic) to get mine. COMMISSIONER COYLE: No, seriously. I am sort of conditioned to trying to follow chains of command, and I send all of my communications -- they are addressed to Jim Mudd, Leo Ochs, and Page 345 October 23-24, 2007 David Weigel, and then everything else is carbon copied to the appropriate staff, and then that way I've informed the people who are responsible and I've expedited the request by getting it to the individuals who are probably going to pull the information together. It gives a good record, it makes sure everybody is -- is notified and is on board. It's easy for me. I mean, it's simple, a simple process for me. And I recommend it, but that's just the way I do it. CHAIRMAN COLETTA: Okay. Commissioner Fiala, you want to weigh in at this time? MR. MUDD: I think her flight was at 2:30. COMMISSIONER COYLE: I think she weighed out. CHAIRMAN COLETTA: She's on the big bird. Well, whatever we do, it's going to have to come back again, I'm sure. But we need some direction. COMMISSIONER HENNING: Let me make a motion that advisory board members -- COMMISSIONER FIALA: Yes, can you hear me? COMMISSIONER COYLE: No. COMMISSIONER FIALA: No? COMMISSIONER COYLE: No. CHAIRMAN COLETTA: Don't believe him. COMMISSIONER FIALA: Well, I think that the reason we go through the county manager is because that's the only person we can go through. We cannot direct staff; however, I think at many times our advisory boards -- and I speak specifically to the Planning Commission, but probably Productivity Committee and others as well -- they need to seek information and they want to go directly to the source because they know what they're looking for. They don't want to make -- they don't want to go through all of those other steps, and a lot times they're trying to seek things out earnestly in time for so and so meeting, whatever it is. I think -- you know what, I want them to find out as much Page 346 October 23-24,2007 information as they can as easily as possible and as accurate as can be, and I don't think we should make is cumbersome for them. That's my opIlllon. COMMISSIONER HALAS: Can I weigh in? CHAIRMAN COLETTA: Okay. So you've got a divided direction. In other words, commissioners should go through the county manager but the advisory boards should be able to go directly to staff; is that what you said? COMMISSIONER FIALA: Well, I don't see why not. I mean, we can't. By law, we cannot go to staff and tell them -- or give them direction. We have no right. We can ask them a question. I'm sorry about that. Excuse me. Sorry about that. CHAIRMAN COLETTA: That's okay. Very interesting. COMMISSIONER FIALA: I'm sorry. CHAIRMAN COLETTA: Well, we-- COMMISSIONER HENNING: Let me go ahead and make a motion. I think this will satisfy everybody. That public information available to advisory boards on items on their agenda shall be free and they should request this information from the county manager, and the county manager will provide to all the advisory board members his email address and his cell phone, because not all use computers. That's my motion. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COLETTA: Okay. We've got a motion on the floor by Commissioner Henning, seconded by Commissioner Fiala. The way I understand the motion is basically the county manager would be the sole source for assigning information. I don't know if I agree with his cell phone number for -- how many board members do we have out there? MS. FILSON: Over 400. COMMISSIONER HENNING: Well, see, here's the problem. CHAIRMAN COLETTA: Why don't we put it on the front of Page 347 October 23-24, 2007 the building. COMMISSIONER HENNING: Here's the problem, is, not all use computers and sometimes, through technology, computers are down and they need information on items on the agenda. CHAIRMAN COLETTA: I don't think that's a reasonable thing to -- I can understand what you're saying, but in this case his cell number, I think the office number and then the information can be __ COMMISSIONER HENNING: Do you have any recommendation, County Manager? MR. MUDD: Commissioner, you get the email number and I get the office number and a cell phone number, and we'll get it out there in order to get this thing resolved. It's doable. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. So let's talk about this for a minute. So we agree that the commissioners and -- of course, we already got our direction. We go through the county manager. But the advisory groups will have to direct all their requests for information to the county manager, and he, in turn, will direct various members of staff if he so believes the information request is related to items on the agenda. What's missing from this? MR. MUDD: You're asking for a public records request, okay. You're asking for data to be given in the thing. It isn't asking for a question. I mean, if the -- if somebody on the advisory board, as a liaison, has a question that can be answered, they ask the question. But if they're looking for public records, i.e., go give me the last three years' worth of stuff -- COMMISSIONER HENNING: They'd have to go through you. MR. MUDD: -- they're coming through me to avoid what happened to a certain member recently. And I believe if that member would have told me what he had, he'd have got it, okay, and we wouldn't have went through this. And for that, I'm sorry. We went all the way through that process. And I've looked through all the emails Page 348 October 23-24, 2007 and I went up to the attorney's office, and the attorney's office said, charge him. And I -- you know, you look at what the guy was asking for, and we shouldn't have charged him, okay. It's my firm belief. And so, had I known about it, it wouldn't have happened. And so, I believe that's to prevent that from happening again. And what we're trying to do is find a way to do that. CHAIRMAN COLETTA: Okay. Now, there's one element to this that we need to discuss, is, how do we handle the county attorney's part of the equation? I mean, obviously if they need something from legal, they're not going to come to the county manager and you're going to go back to them. COMMISSIONER HALAS: CC the county attorney. MR. MUDD: Or I'll call the county attorney. CHAIRMAN COLETTA: They still go through you. MR. MUDD: I talk to the county attorney, and we share emails and things like that. CHAIRMAN COLETTA: You're on speaking terms. MR. MUDD: Oh, absolutely. CHAIRMAN COLETTA: Okay. That's nice to know. COMMISSIONER HALAS: That's included in the motion. CHAIRMAN COLETTA: Okay. So we have a motion, we have a second. Any other discussion on this motion? (No response.) CHAIRMAN COLETTA: Is there anything from legal that you want to ask? MR. KLATZKOW: Well, I guess the only question is, do you want this in resolution form or is direction sufficient? I mean, we can bring back a resolution that incorporates this. CHAIRMAN COLETTA: I think a resolution would be -- now, I'll tell you why a resolution. Once it's set down so there's absolutely Page 349 October 23-24, 2007 no doubt, it has to come back one more time, then you've got something on paper to be able to say, yes, this was a decision of the commission and a direction. That's my feeling. Directions to staff can always be reinterpreted. COMMISSIONER COYLE: County Manager wants to say something. CHAIRMAN COLETTA: The motion maker and the second, that's up to you. COMMISSIONER COYLE: County Manager wants to say something. MR. MUDD: If -- the resolution is pretty specific, and this policy that you just had is a rather large change to it, especially at __ where it says, this resolution applies to all officers, agencies, departments under -- of the Collier County government and the Board of County Commissioners. If you're going to do this, you had a conversation in 2005 -- and I'd just bring another piece into this. In 2005 when we were having a significant amount of data that was going between the sheriffs office and the county's office, this board at a meeting on January 11,2005, had some other directions that -- basically talking about records flowing between constitutional officers and the Board of County Commissioners. And you basically said that if it was a discussion that it -- that you would waive the particular copying fees, and I believe that discussion needs to be included if you're going to do are-resolution because you have this policy sitting out there that was in 2005 that's not written anywhere, and plus you're making another change, and I think you need to codify both so that there is -- so that there is some record of what you're basically deciding. COMMISSIONER COYLE: So we're essentially making a motion to provide guidance to -- for the county attorney to create a resolution which succinctly and completely addresses this issue of Page 350 October 23-24, 2007 records access and transfer, right? CHAIRMAN COLETTA: Yeah. COMMISSIONER COYLE: Is that what we're talking about? COMMISSIONER HENNING: Yeah, memorialize it in the resolution. So I'll amend my motion to also include, direct the county attorney to bring back a resolution stating -- reflecting __ COMMISSIONER COYLE: What we've talked about. COMMISSIONER HENNING: -- what's in the motion. MR. KLATZKOW: I don't know how succinct we can be, but we'll try. CHAIRMAN COLETTA: And your second? COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Okay. MS. FILSON: Commissioner Fiala seconded that. COMMISSIONER COYLE: Resolutions are never succinct anyway. CHAIRMAN COLETTA: Oh, she did? MS. FILSON: Yeah. I have a motion by Commissioner Henning and a second by Commissioner Fiala. CHAIRMAN COLETTA: Commissioner Fiala, do you agree to that in your second? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Good, thank you. And with that, any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 351 October 23-24, 2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, that brings us -- you finished 14 yesterday. That brings us to staff and commissioners' general communication. CHAIRMAN COLETTA: Do you want to go first, Mr. Mudd? MR. MUDD: The only thing I'd like to bring to the board's attention, and it will be -- kind of been trying to figure out what's going on in Tallahassee. We have a different -- COMMISSIONER HALAS: Good luck. MR. MUDD: We have a difference between the Senate plan and the House plan for the Constitutional amendment for January, but of note, I received a copy of an email from Senator Pruitt to the other senators, and the Senate will reconvene on Monday, which is their last day to have the things down -- down pat in order to get it done. And it seems like the bills are pretty far apart, so I just bring that up to your attention so that you'd know about it. That's all I have, sir, ma'am. CHAIRMAN COLETTA: Thank you. County Attorney have anything? MR. KLATZKOW: No, sir. CHAIRMAN COLETTA: Okay. Let's start with you, Commissioner Henning. COMMISSIONER HENNING: Since -- because of the Sunshine Law, I read something very interesting in the weekend paper, and it was supposedly a statement from Commissioner Coyle. You ask a Page 352 October 23-24, 2007 question of the county manager and you get a response from a developer sometimes? COMMISSIONER COYLE: No, not ofthe county manager. It actually -- it pertains to the questions that I ask concerning the packet before our meetings. I always send them to the county manager with copies to the staff -- COMMISSIONER HENNING: Right. COMMISSIONER COYLE: -- so they can prepare answers for me on Monday before the meeting. And one of the problems I was having is that sometimes I would hear from a developer about one of my questions before I would hear from staff. And I had talked with the county manager about it, and -- but let's face it, my -- my emails are public record and anybody can get them, so -- COMMISSIONER HENNING: Yeah. And they must go through -- they must go through the public information officer on that, and it's going to take a matter of days to get that done. COMMISSIONER COYLE: Not unless somebody forwards it to them. I mean, if somebody forwards it to somebody. COMMISSIONER HENNING: Right, but I think that's a bad policy myself. COMMISSIONER COYLE: Well, I think the county manager has sort of solved that problem for me. I haven't encountered it in recent weeks or months. So it was something that -- it didn't really disturb me. I just thought it was strange that there was such a direct link between someone on staff and some developers. And I just raised the question, and to the best of my knowledge, the county manager has solved that because I haven't encountered it recently. COMMISSIONER HENNING: Okay. Well, I found incidences where staff has asked people to come to the board's meeting to encourage the board to approve whatever's on our agenda, and I think that is not good practice myself. And we have the ability, or the county manager has the ability to suspend somebody or remove an Page 353 October 23-24, 2007 employee -- well, let me just read what it says in the statutes. Suspend, discharge, or remove an employee under the jurisdiction of the Board of Commissioners pursuant to the procedures adopted by the board. Now, I would like to adopt a procedure to make sure the politics stay here, because this is where the politics belong is up here and not out there. And I would like to give the county manager direction to create that policy, bring it to the board to memorialize it. COMMISSIONER COYLE: Could I just ask a question, Mr. Chairman? Are you sure you're referring to the county manager's employees rather than employees of the board? You know, there are two categories of employees. COMMISSIONER HENNING: Well-- COMMISSIONER COYLE: Employees of the board. I don't know that we can set criteria other than those that are adopted at __ already in our human resources manuals and all that sort of stuff. COMMISSIONER HENNING: Well, here's what my understanding is and what I was told. It -- and I know it's treated as the county manager's employees, but it's really the jurisdiction under the Board of Commissioners. It's really the Board of Commissioners that says it. And, in fact, it says, the board -- the county manager shall hire department heads -- department heads but must be confirmed by the Board of Commissioners. I think that we could take a firm stance on that, and all department heads, that says directors, they have titles to directors, they should be confirmed by the Board of Commissioners. COMMISSIONER HALAS: I'm not going down that road. MR. MUDD: May I? CHAIRMAN COLETTA: Commissioner, I'm sorry. COMMISSIONER HENNING: And but -- you know, it's -- it's a -- it's not good policy to have people creating politics out there and bring it to the board. Page 354 October 23-24, 2007 CHAIRMAN COLETTA: I can understand what you're saying about it, but I can tell you that they sit on advisory groups, they work within the community. People ask, you know, about what's coming up. At what point in time are they actually lobbying to bring people to the board to change our opinion or dispensing information as far as a board meeting goes? How do you start to separate that? Now, I'll be honest with you. I'd be very upset if! seen somebody trying to manipulate politics in such a way that it was not advantageous to the board or to make us look unfavorable to the rest of the public out there. But Mr. Mudd has some comments to make. I see he had his hand up a few moments ago. Did you have something you wanted to add? MR. MUDD: The only thing I wanted to clarify was the director piece that says -- at one time the county manager was the county administrator, and there was only one administrator, and it was the county manager, as I'm sitting here today. And that changed a couple of years ago before I was here, and it was the county manager. And the directors he used to have would become administrators, and we have five of them. We used to have six. Tom Store was the sixth one, and we've adopted and merged that into a different department. But those administrators come to you for ratification, and that's -- and I've had this conversation with David Weigel before on the particular issue, so I just wanted to clarify that. So in essence, the administrators that the manager would hire would come to this board for ratification on an -- on an executive summary, and we have done that consistently, sir. COMMISSIONER HENNING: What we could do is ask the attorney general opinion. CHAIRMAN COLETTA: This is getting interesting. You mean, that's if we want to change something? COMMISSIONER HENNING: No. It is not change something. Page 355 October 23-24, 2007 It is a clarification of the statutes. What is the interpretation of director, department head? CHAIRMAN COLETTA: I'm not going to go there. I'm sorry. The way it is now, Mr. Mudd has the responsibility to provide a service to this board. I like what he's providing. I don't want to start micromanaging every inch of it along the way. I trust you, sir. You're doing a wonderful job. Don't change a thing. That's my opinion. COMMISSIONER HENNING: I didn't mean to upset you. CHAIRMAN COLETTA: No, you didn't. But Commissioner Henning, you know, I see continuous efforts to try to undermine the county manager's influence. COMMISSIONER HENNING: I'm just -- I'm just saying-- telling you what's in the Florida Statutes. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: I didn't mean to upset you. CHAIRMAN COLETTA: I'm not really upset. I think it's wonderful you bring up these things for discussion. Let's take a minute, go to Commissioner Halas, then we'll come back to you, sir. COMMISSIONER HALAS: Yeah, there's other things that bother me also, and that is where we have a tendency to sit up here and belittle staff when they're making a presentation, and I'm tired of it, and I want to see it end. CHAIRMAN COLETTA: Okay. I don't know how we got into this, but go ahead. COMMISSIONER HENNING: I've got one more thing. Under the ordinance, we are allowed to ask staff questions. CHAIRMAN COLETTA: We are. COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: No, I didn't question. I said we are. I meant it as a statement. COMMISSIONER HENNING: Right. But it seems like we had a discussion prior to that says it just goes to the county manager. Page 356 -.------- October 23-24, 2007 CHAIRMAN COLETTA: There's a difference between asking questions and giving what may be perceived as directions. That's where the whole problem lies, and that line has got to be clearly defined and understood by everyone. And that's the only thing that I see that would may -- present a little difficulty for this board and staff. But you still have the floor, sir. COMMISSIONER HENNING: I think I'm done. And, again, I apologize if I got anybody upset. CHAIRMAN COLETTA: Don't, don't apologize. I'll tell you what, let me go to you. I'm not too sure if I had anything or not, now that you mention it. Okay. We're to you, Commissioner Halas. COMMISSIONER HALAS: Yeah. I just want to say that I know there's days that some of us have rough times, and I want to say that staff does, I think, a fairly good job in this county, and I'm very pleased that -- of the leadership that we have here. So I've said enough. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Just two observations. One is the issue of asking for -- asking for information from staff. I think there has to be a difference when we ask the staff to answer a question and they can generally do that fairly quickly and asking them to undertake a research project where it might involve a substantial amount of time and effort, and to go through a public records search and that sort of thing can be fairly time-consuming. And under those circumstances, I think it creates a very difficult problem for the county manager because then we are really directing them to go do work that is time-consuming and it deprives the county manager of the opportunity to manage his people in the most effective way. So it's a thin line. I don't know where to draw it, quite frankly. But it is clear that we have the right to ask questions of staff and get Page 357 October 23-24, 2007 them to provide us answers, but I think it's less clear that we have the right to direct them to go do a research proj ect for us and accumulate a large amount of records. And I think that's best handled through the county manager, and let him handle his people, because we can't hold him responsible for effective utilization of his people if we are directing them to spend their time doing things there are specifically related to our interests. And so -- the other thing is that Commissioner Henning is absolutely correct in the area where he implies that sometimes staff becomes advocates for a particular position or for a petitioner, and that's -- I'm not saying that staff does that. I'm saying he's correct in his observation that they shouldn't do it. And the staff should not be an advocate for a petitioner. They should provide as much information as they can to the petitioners, as they would to any member of the public and help them in any way possible, but they should not become advocates in a way to manipulate the process and try to get approval for them. And -- so I think that's a valid observation, and I hope that staff does not engage in those kinds of activities. And with that, I'm finished, too. CHAIRMAN COLETTA: Okay. And one comment I'd like to make. There is nothing prohibiting a commissioner from taking on some project that may be of large dimensions outside of what an agenda item is ifhe just brings it back to the board. And the board -- I think probably 99 times out of 100, if a commissioner had a sincere interest in a particular subject, that the board would endorse him to be able to go forward to gather that information. And with board direction, then, of course, Jim Mudd would be obligated, under all circumstances, to provide those files at no cost. COMMISSIONER HENNING: You're not talking about the public record. You're talking about issues -- like, say you had some issues in Golden Gate Estates about, you know, resurfacing roads. Page 358 October 23-24, 2007 You had other issues that the county manager came to the commissioners and got some guidance on those. Those are the issues you're talking about, and I totally agree with that. CHAIRMAN COLETTA: Well, no, I'm talking past that, Commissioner Henning. It might be an issue that never came before the commission before but it could be an issue of social justice, it could be some inadequacy that exists within our own ordinances, and that -- you may have a tremendous interest in that thing that it requires some help from staff to be able to bring it to a point that you could present it to the commission. If that item was brought forward by any commissioner to this commission indicating that they would like to be able to pursue that and have permission to be able to -- or have the blessing of the commission, or at least three of the commissioners or two plus themselves, to direct staff to do so, there's no reason why those projects couldn't go forward. And the general rules we're talking here wouldn't quite apply. COMMISSIONER HENNING: Okay, yeah. Well, that's kind of setting policy, maybe that ought to be memorialized. But you're not talking about a constituent having a concern and a commissioner asking for -- getting the history on that concern, right? CHAIRMAN COLETTA: Well, no, not in this case here. That's a simple matter of putting it through the county manager per request for information. COMMISSIONER HENNING: I usually go through public records for that information. Works out well. In fact, that issue about the rental registration, I think, never would have came to us without getting -- CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: -- getting through the public records. So I'm going to continue doing that. CHAIRMAN COLETTA: Good, that's a wonderful -- Page 359 October 23-24, 2007 MR. MUDD: That brings us to another question, one that isn't answered on your resolution for public records request, because your resolution says -- your resolution says that -- this resolution applies to all offices, agencies, departments, authorized organizations as Collier County government of the Board of County Commissioners. And so it's basically saying, if you're making a public records request, then you're paying for the fees. And so you need to discuss this particular item. If that -- if that -- that's going to happen, because right now -- that hasn't been charged in the past, but while we're on that particular item, we need to get -- we need to get it resolved. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I thought we gave some direction in regards to coming up with the resolution that -- in how this was going to be taken care of as far as the cost. Isn't that what we gave direction to the county attorney on? MR. KLATZKOW: Yes, with respect to advisory committees. COMMISSIONER HALAS: Okay. And we're talking about now, what, fees? More specific on what you're saying on __ MR. MUDD: Commissioner Henning just made a statement that said, he's going to continue to go -- to do public records request. COMMISSIONER HALAS: No. CHAIRMAN COLETTA: No, he didn't -- COMMISSIONER HALAS: Yes, he did. He said that, but I __ CHAIRMAN COLETTA: He said he's going to use, I guess, the Internet to be able to get -- isn't that what you were just saying, sir, that you were accessing public records on your own? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Yeah. What prevents somebody to go into the public files that are out there and open for access to be able to get the information if they're not using staff? MR. MUDD: No, no, Commissioner __ COMMISSIONER HALAS: He's using staff. Page 360 October 23-24, 2007 MR. MUDD: He's using staff because he goes to Mr. Torre, he makes a public records request, okay, and then staff __ CHAIRMAN COLETTA: Okay, forgive me. MR. MUDD: -- goes out and-- CHAIRMAN COLETTA: I misunderstood. I thought he was doing it on his own. And, you know, anyone that's capable of pulling those records out of the computer system on their own and generating -- or using their own staff person or assigned person, I could see no __ nothing wrong with that. But I mean, that wasn't what you meant. I misunderstood. So where does that leave us. COMMISSIONER HENNING: We're not -- the present practice is, we're not doing that, and we're also -- if you -- if you ask for a public records request, you're not being charged, and if the County Attorney's Office is not -- is asking, and they do all the time, for the public record on a lawsuit, they're not charged. So if the direction needs to be, is, since it is a standard and you need to have it in a resolution, let's put it in the resolution. CHAIRMAN COLETTA: Well, we already gave direction on the resolution. If somebody would like to change it, then this would be the time. Commissioner Fiala, you still with us? No, you left. Okay. COMMISSIONER FIALA: Yes, I am. CHAIRMAN COLETTA: Oh, okay. You were very quiet. COMMISSIONER FIALA: Well, you know why? I found out where the mute button was. CHAIRMAN COLETTA: Boy, am I glad-- COMMISSIONER FIALA: I wanted to mention something also, not for this meeting, but something that we could even address at some point in time, and that is, impact fees on older buildings. And I'll give a for-instance. A lady was trying to open a gymnastics place and she had identified a place in the industrial section. It was a huge warehouse. It had been used for trucking and warehouses before, and Page 361 October 23-24, 2007 she needed that space for the gymnastics. We didn't have a category for her, so we put her in retail. Well, that was $236,000 extra impact on a place that would only be used in the evening and only have children dropped off. No trucks coming, no trucks going, nothing. And, of course, she had to then forego that, and now she's again looking because the impact fees were so high. And I'm thinking, maybe on older buildings where an impact fee is already paid, maybe we ought to -- because we'd like to get some of these older buildings rented and off of our inventory, maybe there's some way that we could work with these people. And I know that we had already given them some type of a discount on that building because of the impact fees already paid. And, no, we didn't have a category for them, and everybody agreed it was an awfully high request. But I thought, I would love to see us work with staff a little bit at some point to see what we can do for those buildings that have been sitting around for a while that we'd like to get out of our inventory and have them fixed up so they're -- they're not rather disgraceful looking. So that's just something for a future date. CHAIRMAN COLETTA: Okay, Commissioner Fiala. We appreciate that. We were going to come to you in just a moment to see if you had any other comments. COMMISSIONER FIALA: Oh, I thought you had called on me. Excuse me. CHAIRMAN COLETTA: No, that -- did you have anything else that you wanted to share with us? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: Okay. Well, we have a discussion that's going back and forth right now, and we really haven't quite resolved it totally. So I'm going to keep it open. Yes-- COMMISSIONER FIALA: The one that Coyle just mentioned before -- I mean, Commissioner Coyle? Page 362 October 23-24, 2007 CHAIRMAN COLETTA: I'm not too sure. We've been progressing through a whole bunch of -- COMMISSIONER FIALA: I know, but I agreed with him. I thought he was right. CHAIRMAN COLETTA: Well, that's refreshing. COMMISSIONER COYLE: You're absolutely right. COMMISSIONER HENNING: May I make a motion? CHAIRMAN COLETTA: You sure may, Commissioner Henning. COMMISSIONER FIALA: Pardon me? CHAIRMAN COLETTA: I'm talking to Commissioner Henning. Push it on mute, Commissioner Fiala. COMMISSIONER HENNING: I make a motion, further motion for clarification in the resolution, that the offices that has not been charged under the purvi (sic) of the county commission, continually not be charged for public records requests. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HALAS: Can you clarify what you just said there, Commissioner? COMMISSIONER HENNING: Well, like I stated before, when the county manager wants public records requests, he's not charged, the County Attorney's Office is -- asks for public records, they're not charged. The Board of County Commissioners are not charged for public records or any other department under the purvi (sic) of the county government or county -- which is the Board of County Commissioners. COMMISSIONER FIALA: As long as somebody doesn't get carried away with it, right? COMMISSIONER HENNING: Well, I guess ifthere's a problem, you could always address it. I mean, the county attorney, when he does a -- when he has a case, Commissioner, he has to go through boxes and boxes and boxes of material in order to defend that Page 363 October 23-24, 2007 case, and I just don't think it's fair to charge the county attorney for settling a case and getting a public record, nor do I think it's fair for anybody else. CHAIRMAN COLETTA: I'm sorry. Who's anybody else? COMMISSIONER HENNING: Under the Board of County Commissioners. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: The different -- the different departments. CHAIRMAN COLETTA: But once again, through the county manager, do you -- I'm not too sure where the -- you have your staff going for public records. They just indiscriminately make it, or do they come through your office? How does it work, sir? MR. MUDD: No, sir. It's a staff coordination. If they need records to do their jobs in order to get a particular item, either as an agenda item for the Board of County Commissioners or something resolved for the county attorney to have a lawsuit, we work through that process and you work through -- and they work through staff. What the county attorney doesn't do, he doesn't go to Mr. Torre's shop and file a public records request. I've never seen that done since I've been the county manager. Jeff, if-- MR. KLATZKOW: No. I mean, I work with your staff every day. They get documents for me or they'll come to my office and I'll give them documents. And, frankly, I don't really view it as a public records request just so much as sharing information. CHAIRMAN COLETTA: Well, would it be necessary to do this through the resolution that we already have? MR. KLATZKOW: No, I don't think so, because I don't really read that paragraph that Jim read before in the same manner. I mean, the way I read it is if you have a public records request on transportation or if you make it on the County Attorney's Office or whoever, then you get charged the 15 cents per copy. That's how I Page 364 October 23-24, 2007 read that, and that's how we've been conducting it. COMMISSIONER HENNING: Who does? Who gets charged for that? MR. KLA TZKOW: If! have someone outside ask us for some of our records and it's a public records request, we charge 15 cents per page under your resolution, and that's an outside person. COMMISSIONER HENNING: Right. MR. KLATZKOW: If! have comprehensive planning come in and say, you know, we need something, we just Xerox it and give it to them. COMMISSIONER HENNING: Right. Well, I was told to go through public records request when I do things, and I'd be happy to copy the county manager on those. CHAIRMAN COLETTA: Well, that's what this resolution that we just directed the county attorney to do, just spells it out. However, with that said, I would never be opposed if we can get to the point where we have everything in digital form where anybody in the world could access it. To me, that would be the most ideal thing in this world. I mean, that's something that I had a vision of happening seven years ago when I came aboard, and we haven't quite reached it. I think that every communication commissioners send, everything that's in public records out there now that has a database someplace should be set up so it can be accessed, and that includes our own emails. I don't think we got anything that we should be able to claim as private within this organization. And I -- the more we can provide the public, the better off everyone is. COMMISSIONER HENNING: Why they call it public information. CHAIRMAN COLETTA: I know, but it's just how it -- there's a cost generated by it the way it's sets up now. That's the big problem. Commissioner Halas, then Commissioner Henning again, if you have something else. Page 365 October 23-24, 2007 COMMISSIONER HALAS: I think we need to wrap this up, and I just feel that we have an obligation to -- if we have any type of request as commissioners, we need to go through the county manager so that he can direct the resources to get that information. That's it. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: I think that's the direction we gave. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I've already done mine. COMMISSIONER HENNING: We're all done. CHAIRMAN COLETTA: Okay. Thank you. We're adjourn. Thank you very much. It was a great meeting. ****Commissioner Halas moved, seconded by Commissioner Fiala carried unanimously 5/0, that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al RELEASE AND SATISFACTIONS OF LIEN FOR PAYMENTS RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT ACTIONS - OSM CO-2005030001, OSM 2006070385, OSM 2006050033, OSM 2004100746, OSM 2006040608, OSM 2005110103, OSM 2005090073, OSM 20041lO136, OSM 2006040685, OSM 2006010694, CEB 2005-11 Item #16A2 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR REFLECTION LAKES, PHASE lA- w /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A3 Page 366 October 23-24, 2007 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR LEL Y HIGH SCHOOL/LEL Y RESORT 7 & 8 _ W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A4 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR TOLLGATE BUSINESS PARK II - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A5 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR TOLLGATE BUSINESS PARK III - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR THE MAJORS, PHASE 11- W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A7 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITY FOR THE MAJORS, PHASE III - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A8 Page 367 October 23-24, 2007 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MUSTANG ISLAND - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A9 - Moved to Item #lOR Item #16AI0 BUDGET AMENDMENT TO TRANSFER FUNDS FROM FUND (131) RESERVES TO COMMUNITY DEVELOPMENT ADMIN FUND (131) TOTALING $147,972 FOR THE UPDATE AND REWRITE OF PORTIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE - FIR CONTRACT 07-4105 W/WHITE & SMITH, LLC PLANNING & LAW GROUP Item #16All BUDGET AMENDMENT TO PROVIDE FUNDING FOR THE COUNTY'S CRS PROGRAM ACTIVITIES BY UTILIZING AVAILABLE FUND III RESERVES ($51,400) - FOR ACTIVITIES & MAINTENANCE OF THE FLOODPLAIN MANAGEMENT PLAN Item #16B I BUDGET AMENDMENT TO TRANSFER PROJECT FUNDS IN THE AMOUNT OF $395,493.67 TO THE GOLDEN GATE P ARKW A Y GRADE SEP ARA TED OVERPASS LANDSCAPE INSTALLATION (FUND 112, PROJECT #600067) - AS DETAILED IN THE EXECUTIVE SUMMARY Page 368 October 23-24, 2007 Item #16B2 SUBMITTAL OF A TOTAL MAXIMUM DAILY LOAD (TMDL) WATER QUALITY RESTORATION GRANT PROPOSAL TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FREEDOM PARK (F.K.A. GORDON RIVER WATER QUALITY PARK) IN THE AMOUNT OF $1,000,000.00 AND THE PROJECT MANAGER WILL ELECTRONICALLY SUBMIT THE GRANT APPLICATION - TO IMPLEMENT PROJECTS WHICH AIM TO REDUCE NONPOINT SOURCES OF POLLUTION Item #16B3 ROADWAY MAINTENANCE AGREEMENT WITH LODGE/ABBOTT ASSOCIATES LLC FOR THE GOLF CART OVERPASS ON V ANDERBIL T DRIVE - TO IDENTIFY AND SEP ARA TE THE RESPONSIBILITIES FOR MAINTENANCE BETWEEN THE DEVELOPER AND COLLIER COUNTY Item # 16B4 (THIS ITEM CONTINUED FROM THE SEPTEMBER 25, 2007 BCC MEETING) 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 #600451 and #600231) Item #16B5 DECLARATION SETTING ASIDE COUNTY-OWNED LANDS Page 369 October 23-24, 2007 FOR A PUBLIC ACCESS EASEMENT. (FISCAL IMPACT: $10.00) - BETWEEN DA VIS BOULEVARD AND THE PLATTED SEGMENT OF SANTA BARBARA BOULEVARD Item #16B6 AWARD BID NO. 08-5001, QUEENS PARK NEIGHBORHOOD FENCING INST ALLA TION TO COMMERCIAL FENCE CONTRACTORS, INC. IN THE AMOUNT OF $60,073.52; PROJECT #511011 - AS A PART OF THE LEL Y AREA STORMWATER IMPROVEMENT PROJECT (LASIP) PHASE lA IN THE QUEEN'S PARK SUBDIVISION Item #16B7 AWARD BID #07-4185 "US 41 (TAMIAMI TRAIL) EAST (RATTLESNAKE-HAMMOCK TO COLLIER BLVD.) SR 951 AT FIDDLERS CREEK ANNUAL LANDSCAPE MAINTENANCE" CONTRACT TO VILA & SON LANDSCAPING IN THE AMOUNT OF $339,542.80 - TO MAINTAIN 6 MILES OF LANDSCAPING & IRRIGATION Item #16Cl SATISFACTION FORA CERTAIN WATER AND/OR SEWER IMP ACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN - LOCATED AT LOT 97 PORT-AU-PRINCE MOBILE HOME SUBDIVISION Item # 16C2 RESOLUTION 2007-293: THE SATISFACTIONS OF LIEN FOR Page 370 October 23-24, 2007 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 $108.50 TO RECORD THE SATISFACTIONS OF LIEN - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16C3 INTERLOCAL AGREEMENT FOR RECONSTRUCTION OF THE EXISTING INTERCONNECT BETWEEN THE COLLIER COUNTY WATER-SEWER DISTRICT AND BONITA SPRINGS UTILITIES, INC TO PROVIDE FOR REVERSE POTABLE WATER FLOWS AT BONITA SPRINGS UTILITIES EXPENSE, TO PROVIDE FOR THE DESIGN AND CONSTRUCTION OF A SECOND INTERCONNECT, AT A LOCATION TO BE DETERMINED, AT THE EXPENSE OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AND TO ESTABLISH RATES FOR USAGE OF POTABLE WATER ($300,000) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Dl - Continued to the November 13,2007 BCC Meeting SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $116,079.00 TO THE CITY OF NAPLES TO FUND IMPROVEMENTS TO THE GEORGE WASHINGTON CARVER AND RIVER PARK COMMUNITIES AND THE FUN TIME EARL Y CHILDHOOD ACADEMY - AS DETAILED IN THE EXECUTIVE SUMMARY Page 371 October 23-24, 2007 Item # 16D2 LIEN AGREEMENT WITH ROSA MENDEZ OLIVERO (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 122, TRAIL RIDGE, NAPLES - DEFERRAL IN THE AMOUNT OF $19,372.52 Item #16D3 LIEN AGREEMENT WITH ELIXER DOSSOUS AND VEOLENE DOSSOUS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 203, TRAIL RIDGE, NAPLES - DEFERRAL IN THE AMOUNT OF $13,616.20 Item # 16D4 LIEN AGREEMENT WITH MARISE VILSAINT (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 2, LIBERTY LANDING, IMMOKALEE- DEFERRAL IN THE AMOUNT OF $12,442.52 Item #16D5 LIEN AGREEMENT WITH SHEILA DESTINE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 3, LIBERTY LANDING, IMMOKALEE- DEFERRAL IN THE AMOUNT OF $12,442.52 Page 372 October 23-24, 2007 Item # 16D6 LIEN AGREEMENT WITH ZOUBLETTE BIEN AIME (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 27, BLOCK 6, NAPLES MANOR LAKES, NAPLES - DEFERRAL IN THE AMOUNT OF $26,204.83 Item #16D7 LIEN AGREEMENT WITH AMANCIO RUBIO AND ANA RUBIO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 28, BLOCK 6, NAPLES MANOR LAKES, NAPLES - DEFERRAL IN THE AMOUNT OF $26,204.83 Item #16D8 LIEN AGREEMENT WITH RAUL FRIAS ALMANZA AND ROSA PEREZ FRIAS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 154, INDEPENDENCE PHASE II, IMMOKALEE - DEFERRAL IN THE AMOUNT OF $8,155.40 Item # 16D9 LIEN AGREEMENT WITH ERTHA FABIEN (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT Page 373 October 23-24, 2007 LOCATED AT LOT 9, LIBERTY LANDING, IMMOKALEE- DEFERRAL IN THE AMOUNT OF $12,442.52 Item 16DI0 LIEN AGREEMENT WITH ELIAS BUST AMANTE VERA AND MARIA BUSTAMANTE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 1, LIBERTY LANDING, IMMOKALEE - DEFERRAL IN THE AMOUNT OF $12,442.52 Item #16Dll LIEN AGREEMENT WITH EVEL YNE BELANCE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 120, TRAIL RIDGE, NAPLES- DEFERRAL IN THE AMOUNT OF $ 19,372.52 Item #16D12 SUBMITTAL OF AN AQUATIC HABITAT RESTORATION PROJECT PROPOSAL GRANT APPLICATION FOR WATER QUALITY, SEAGRASS MONITORING AND IMPLEMENT AN EDUCATIONAL PROGRAM FOR CLAM BAY IN THE AMOUNT OF $55,000 TO THE SOUTHEAST AQUATIC RESOURCES PARTNERSHIP - LOCATED JUST NORTH OF THE CITY OF NAPLES Item #16D13 Page 374 October 23-24, 2007 LIEN AGREEMENT WITH JEAN CLAUDE EXCEUS AND ANTIDA EXCEUS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 6, LIBERTY LANDING, IMMOKALEE - DEFERRAL IN THE AMOUNT OF $12,442.52 Item #16D14 AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. AND APPROVE A BUDGET AMENDMENT TO REFLECT THE TRANSFER OF FUNDS FROM TITLE III-Cl TO TITLE III-B IN THE AMOUNT OF $35,000 IN THE 2007 OLDER AMERICANS ACT GRANT PROGRAM - FOR THE SERVICES FOR SENIORS PROGRAM Item #16D15 BUDGET AMENDMENTS TOTALING $6,746.08 TO RECOGNIZE ADDITIONAL REVENUE RECEIVED IN THE SERVICES FOR SENIORS PROGRAM FROM THE AREA AGENCY ON AGING FOR THE STATE OF FLORIDA GENERAL REVENUE PROGRAMS Item #16D16 BUDGET AMENDMENT IN THE AMOUNT OF $21,510.94 TO RECOGNIZE REVENUE RECEIVED FROM THE COLLECTION OF CO-PAYMENTS AND ANTICIPATED REVENUE FROM THE COLLIER COUNTY SERVICES FOR SENIORS PROGRAM Page 375 October 23-24, 2007 Item #16D17 AFTER-THE-FACT SUBMITTAL OF A 2005 ROUND TWO DISASTER RECOVERY INITIATIVE (DRI) GRANT TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) TO FUND DISASTER RELIEF AND THE RESTORATION OF HOUSING AND INFRASTRUCTURE RELATED TO THE EFFECTS OF THE 2005 HURRICANE SEASON - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D18 SUMMARY OF THE IMP ACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY08, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY08 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D19 LIEN AGREEMENT WITH MARCO BAY HOMES, LLC (BUILDER) AND JAMES OBROCHT A (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT EAST 75 OF THE WEST 180 OF TRACT 115, UNIT 79, GOLDEN GATE ESTATES - DEFERRAL IN THE AMOUNT OF $ 19,273.98 Item # 16D20 AWARD OF CONTRACT(S) #07-4153 FOR PROFESSIONAL Page 376 October 23-24, 2007 ENGINEERING FOR COASTAL ZONE MANAGEMENT PROJECTS TO THE FOLLOWING FIRMS: COASTAL ENGINEERING CONSULTANTS, INC.; JOHNSON ENGINEERING, INC.; CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS); Q. GRADY MINOR AND ASSOCIATES, P.A.; POST BUCKLEY, SCHUH & JERNIGAN, INC, (PBS&J) Item #16D21 REJECT ALL BIDS RECEIVED UNDER BID 07-4162, VETERINARY MEDICINES AND DRUGS AND EXPENDABLE SUPPLIES AND EQUIPMENT FOR DOMESTIC ANIMAL SERVICES DEPARTMENT Item #16D22 DONATION OF $1,500.00 FOR MARINE SCIENCE PROGRAM DEVELOPMENT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION-MFMP AS PART OF SPONSORSHIP OF THE MARINE RESOURCE CONSERVATION PARTNERSHIP OF COLLIER COUNTY INTO THE COLLIER COUNTY UNIVERSITY EXTENSION TRUST FUND Item #16D23 - Continued to the November 13,2007 BCC Meeting SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $250,000 TO FUN TIME EARLY CHILDHOOD ACADEMY, INC., FOR SITE DEVELOPMENT IN PREPARATION FOR CONSTRUCTION OF A NEW FUN TIME EARLY CHILDHOOD Page 377 -_. ----., October 23-24, 2007 ACADEMY WITHIN THE GEORGE WASHINGTON CARVER AND RIVER PARK COMMUNITIES IN THE CITY OF NAPLES -AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D24 - Continued to the November 13,2007 BCC Meeting SUBRECIPIENT AGREEMENT PROVIDING DISASTER RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT OF $124,923.00 TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION FOR PURCHASE AND INSTALLATION OF TWO BACK-UP GENERATORS FOR THE SEWER LIFT STATION AND THE WATER TREATMENT PLANT IN COPELAND Item #16D25 - Continued to the November 13, 2007 BCC Meeting SUB RECIPIENT AGREEMENT PROVIDING DISASTER RECOVERY INITIATIVE(DRI) FUNDING IN THE AMOUNT OF $293,934.00 TO ST. MATTHEWS HOUSE, INC. FOR HURRICANE HARDENING OF ITS SHELTER - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D26 - Continued to the November 13,2007 BCC Meeting SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $1,000,000 TO HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., FOR INSTALLATION OF INFRASTRUCTURE TO SUPPORT 204 HOME SITES FOR KAICASA PHASE I IN IMMOKALEE - AS DETAILED IN THE EXECUTIVE SUMMARY Page 378 October 23-24, 2007 Item #16D27 - Continued to the November 13,2007 BCC Meeting SUBRECIPIENT AGREEMENT PROVIDING DISASTER RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT OF $374,545.00 TO THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA, INC., FOR INFRASTRUCTURE TO SUPPORT CONSTRUCTION OF 15 SINGLE-FAMILY HOMES IN IMMOKALEE, TO BE KNOWN AS HATCHERS PRESERVE, INTENDED FOR LOW INCOME, FIRST TIME HOMEBUYERS AND FAMILIES DISPLACED BY HURRICANE WILMA Item #16D28 - Continued to the November 13,2007 BCC Meeting SUBRECIPIENT AGREEMENT PROVIDING DISASTER RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT OF $415,000.00 TO ONE BY ONE LEADERSHIP FOUNDATION FOR INFILL IN ORDER TO SUPPORT THE CONSTRUCTION OF HOUSING UNITS - USED FOR INFILL , TO BUILD (3) THREE HOMES IN IMMOKALEE Item #16D29 - Continued to the November 13, 2007 BCC Meeting HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) SUB RECIPIENT AGREEMENT WITH BIG CYPRESS HOUSING CORPORATION PROVIDING FOR A GRANT IN THE TOTAL AMOUNT OF $250,000.00 FOR THE CONSTRUCTION AND/OR INSTALLATION OF FIRE SPRINKLERS FOR A 55-UNIT, MULTI-FAMILY RENTAL HOUSING COMPLEX (THE RESERVE AT EDEN GARDENS) FOR LEGAL MIGRANT AND SEASONAL FARM WORKERS IN IMMOKALEE Item #16D30 - Continued to the November 13,2007 BCC Meeting Page 379 October 23-24, 2007 SUB RECIPIENT AGREEMENT PROVIDING FOR A $442,000 STATE HOUSING INITIATIVE PROGRAM (SHIP) LOAN TO EDEN GARDENS APARTMENTS, LIMITED PARTNERSHIP, A FLORIDA LIMITED PARTNERSHIP TO ASSIST IN FUNDING THE CONSTRUCTION OF A 55 UNIT, MULTI-FAMILY RENTAL HOUSING COMPLEX FOR LEGAL MIGRANT AND SEASONAL F ARMWORKERS IN IMMOKALEE Item #16El AGREEMENT FOR SALE AND PURCHASE WITH RICHARD F. BERMAN AS TRUSTEE UNDER AN UNRECORDED TRUST AGREEMENT AND KNOWN AS THE RICHARD F. BERMAN REVOCABLE TRUST OF 1998 DATED JULY 27,1998 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $33,170 - LOCATED IN UNIT 65, GOLDEN GATE ESTATES AS PART OF THE WINCHESTER HEAD PROJECT Item #16E2 AGREEMENT FOR SALE AND PURCHASE WITH WILLIAM C. ARMES FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN UNIT 65, GOLDEN GATE ESTATES AS PART OF THE WINCHESTER HEAD PROJECT Item # 16E3 AGREEMENT FOR SALE AND PURCHASE WITH ALFREDO MEDINA FOR 1.14 ACRES UNDER THE CONSERVATION Page 380 October 23-24, 2007 COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - AS DETAILED IN THE EXECUTIVE SUMMARY - LOCATED IN UNIT 65, GOLDEN GATE ESTATES AS PART OF THE WINCHESTER HEAD PROJECT Item # 16E4 AWARD BID #07-4188 LONG DISTANCE SERVICES TO TQC COMMUNICATIONS AT AN ESTIMATED ANNUAL COST OF $51.000 Item # 16E5 AGREEMENT FOR SALE AND PURCHASE WITH WANDA E. RICKARD AS TRUSTEE OF THE WANDA E. RICKARD TRUST DATED 4/12/90 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN UNIT 65, GOLDEN GATE ESTATES AS PART OF THE WINCHESTER HEAD PROJECT Item #16E6 AGREEMENT FOR SALE AND PURCHASE WITH PEGGY S. CISKO, AND JOHN CISKO, WHO IS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK ANTHONY CISKO, DECEASED, FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $38,170 - LOCATED IN UNIT 65, GOLDEN GATE ESTATES AS PART OF THE WINCHESTER HEAD PROJECT Page 381 Item #16E7 October 23-24, 2007 AWARD BID #07-4194 FOR THE PURCHASE OF PAINT & RELATED ITEMS TO SUNSHINE ACE HARDWARE, INC. AND SCOTT PAINT COMPANY - ANNUAL APPROXIMATE COST OF $65.000 Item #16E8 AWARD BID #07-4140 FILE RETRIEVAL / RETENTION SERVICE TO ROBERT FLINN RECORDS CENTER- AVERAGING $67.000 ANNUALLY Item #16E9 BUDGET AMENDMENT APPROPRIATING $581,660,415.18 CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS FOR NON-PROJECT FUNDS AND FOR UNEXPENDED BUDGET FOR PROJECT FUNDS AT THE END OF FISCAL YEAR 2007 Item #16E10 BUDGET AMENDMENT IN THE AMOUNT OF $250,000 TO TRANSFER FUNDS FROM THE DESIGN STUDY FOR INLAND DATA CENTER CAPITAL PROJECT #500521 TO THE DATA CENTER EXPANSION CAPITAL PROJECT #500511 - TO RELOCATE AND EXPAND THE CURRENT PRIMARY DATA CENTER IN THE ADMINISTRATIVE BUILDING Item #16Ell Page 382 October 23-24, 2007 INTER-LOCAL AGREEMENT WITH THE CITY OF NAPLES FOR MUTUAL SALES AND PURCHASES OF MOTOR FUELS BETWEEN THE CITY AND COUNTY - TO SAVE TIME AND COST Item #16E12 RE-ASSIGNMENT OF CONTRACT NO. 06-3983, "THIRD PARTY ADMINISTRATOR FOR GROUP INSURANCE BENEFITS" - FROM CORPORATE BENEFIT SERVICES OF AMERICA. INC. (CBSA. INC.) TO MERITAIN HEALTH. INC. Item #16F1 BAR RESOLUTION 2007-03: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2006-07 ADOPTED BUDGET Item # 16F2 RESOLUTION 2007-294: RESOLUTION APPROVING A DISASTER WORKSITE AGREEMENT PROVIDING FEDERAL FUNDS UNDER A NATIONAL EMERGENCY GRANT TO COVER THE PRE-SCREENING COSTS, WAGES AND REQUIRED SAFETY EQUIPMENT FOR TEMPORARY WORKERS DUE TO THE EFFECTS OF A DISASTER SUCH AS A HURRICANE - AT NO COST TO COLLIER COUNTY Item #16F3 APPROVE BUDGET AMENDMENTS - #08-016 Page 383 October 23-24, 2007 Item #16F4 RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F5 BUDGET AMENDMENT AND PAYMENT OF AN INVOICE FROM CRIMINAL JUSTICE INFORMATION SERVICES (CJIS) IN THE AMOUNT OF $342,093, WHICH IS THE COLLIER COUNTY PORTION OF THE COST SHARING PROJECT FOR THE TWENTIETH JUDICIAL CIRCUIT FOR FY06/07 Item #16G1 CRA RESOLUTION 2007-295: AMENDING CRA RESOLUTION 2001-98 AS IT RELATES TO THE BYLAWS OF THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT ADVISORY BOARD Item #16G2 DEMOLITION OF CRA-OWNED RESIDENTIAL PROPERTY (MOBILE HOMES); APPROVAL OF A REQUEST FOR PROPOSALS (RFP) SCOPE OF WORK TO BUILD SINGLE- F AMIL Y HOMES ON CRA OWNED LAND; APPROVE THE EXECUTIVE DIRECTOR TO ADVERTISE THE RFP THROUGH THE PURCHASING DEPARTMENT AND RETURN WITH Page 384 October 23-24, 2007 RECOMMENDATIONS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G3 CRA RESOLUTION 2007-296: AMENDING THE BA YSHORE GA TEW A Y TRIANGLE SITE IMPROVEMENT GRANT PROGRAM TO MODIFY THE MATCHING FUND REQUIREMENT FOR RECIPIENTS AND DECLARE THE GRANT PROGRAM AS SERVING A VALID PUBLIC PURPOSE Item # 16G4 RATIFY COLLIER COUNTY AIRPORT AUTHORITY RESOLUTION NO. 07-33, ADOPTED ON OCTOBER 8, 2007, APPROVING AN 8.0 PERCENT ($8,363.79) MERIT INCREASE FOR FISCAL YEAR 2007-2008 FOR THE AUTHORITYS EXECUTIVE DIRECTOR. THERESA M. COOK Item #16H1 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE SOUTHWEST FLORIDA FEDERATED REPUBLICAN WOMEN'S LUNCHEON ON OCTOBER 8, 2007 AT ARBOR TRACE. $15.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 14551 VANDERBILT DRIVE. NAPLES Item #16H2 Page 385 October 23-24, 2007 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE EVERGLADES COALITION ANNUAL CONFERENCE ON JANUARY 10-13,2008 AT SOUTH SEAS ISLAND RESORT. $598.77 TO BE PAID FOR ACCOMMODATIONS FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED ON CAPTIVE ISLAND, FLORIDA Item # 16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE, BY ATTENDING THE IMMOKALEE CHAMBER OF COMMERCE BANQUET - CHAMBER SILENT AUCTION & STEAK DINNER ON OCTOBER 27,2007 AT THE PACE CENTER FOR GIRLS. $100.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H4 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE, BY ATTENDING LUNCHEON HONORING FORMER SHERIFF AUBREY ROGERS ON OCTOBER 26, 2007 AT THE NAPLES ELKS LODGE. $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 3950 RADIO ROAD. NAPLES Page 386 October 23-24, 2007 Item # 16H5 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE, BY ATTENDING THE BLUE CHIP RECOGNITION BREAKFAST ON NOVEMBER 8, 2007 AT THE HILTON NAPLES AND TOWERS. $10.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH. NAPLES Item #161 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 387 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 23, 2007 FOR BOARD ACTION: I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Ave Maria Stewardship Community District: FY07/08 Regular Board Meeting Schedule. 2. Verona Walk Community Development District: FY 07/08 Regular Board Meeting Schedule. 3. Naples Heritage Community Development District: FY08 Board of Supervisors Meeting Schedule. 4. Golden Gate Fire Control & Rescue District: 2007/2008 Revenue; Declaration Letter of No Outstanding Bonds; FY07/08 Meeting Schedule; District Map; Letter of Designation of Registered Agent. 5. East Naples Fire Control and Rescue District: 2007/2008 General Fund Budget; Schedule of Regular Meetings and Workshops FY07/08; Letter of Registered Office and Agent. 6. South Florida Water Management District: Big Cypress Basin Board Minutes of May 30,2007. B. Minutes: I. Vanderbilt Beach MSTU Advisorv Committee: Agenda for October 18, 2007; Minutes of September 12,2007. 2. Environmental Advisory Council: Agenda for October 3, 2007; Minutes of September 5, 2007. 3. Immokalee Community Redevelopment and Advisory Committee: Agenda and Minutes for August 15, 2007; Agenda and Minutes of September 5, 2007. a) Immokalee Enterprise Zone Development Agency: Agenda and Minutes of August 15,2007. b) Immokalee Local Redevelopment Advisory Board: Agenda and Minutes of August 15,2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\102307 misc corr. docH: DatalF onnat 4. Collier County Planning Commission: Revised Agenda for October 4, 2007. 5. Collier County Public Vehicle Advisory Committee: Agenda for October 1,2007. 6. Collier County Library Advisory Board: Agenda of September 26, 2007 (no meeting in August or July). 7. Habitat Conservation Plan Advisory Committee: Agenda for October 8, 2007; Minutes of September 12,2007. 8. Golden Gate MSTU Advisory Committee: Agenda for October 9,2007; Minutes of September 11, 2007. 9. Black Affairs Advisorv Board: Minutes of September 24,2007. 10. Collier County Hispanic Affairs Advisory Board: Minutes of July 26, 2007; Minutes and Agenda of June 28, 2007. 11. Parks and Recreation Advisory Board: Minutes of September 19,2007. 12. Collier County Contractors' Licensing Board: Agenda for October 16, 2007. 13. Conservation Collier Land Acquisition Advisory Committee: Agenda for October 8, 2007. C. Other: 1. Minutes of September 5, 2007 of the "Settlement Conference" of the State of Florida Department of Community Affairs, Florida Wildlife Federation, Collier County Audubon Society and Collier County. 2. Immokalee Airport Phase One Lake/Collier County Airport Authority Bid No. 07-4129. 3. Fire Steering Committee: Agenda for September 27,2007. 4. Collier County Public Safety Coordinating Council: Minutes of June 18, 2007. a) Work Restitution Release Subcommittee Meeting: Minutes of June 18,2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\102307 misc corr .docH: DatalF onnat October 23-24, 2007 Item #16K1 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIA TED SETTLEMENT AGREEMENT IN THE AMOUNT OF $119,500 FOR THE ACQUISITION OF PARCEL 134 IN THE LAWSUIT STYLED COLLIER COUNTY V. FIRST NATIONAL BANK OF NAPLES, INC., ET AI., CASE NO. 04-3587-CA (IMMOKALEE ROAD PROJECT NO. 66042). FISCAL IMPACT: $73,033 (COMPANION TO ITEM 17A, WENDY'S VARIANCE PETITION V A-2007-AR-11577) Item # 16K2 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 181 RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. ARMANDO YZAGUIRRE, ET AI., CASE NO. 07-2746- CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMP ACT $234.635) Item # 16K3 TRI-P ARTY DEVELOPER CONTRIBUTION AGREEMENT WHICH WILL IMPLEMENT RESOLUTION 05-235 (DEVELOPMENT ORDER 05-01) BY PROVIDING FOR THE DEVELOPER'S (AVE MARIA DEVELOPMENT, LLLP) DEDICATION OF 46 ACRES WITHIN AVE MARIA FOR COLLIER COUNTY PUBLIC SCHOOL SITES IN EXCHANGE FOR CREDITS AGAINST EDUCATIONAL IMPACT FEES Item #16K4 Page 388 October 23-24, 2007 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 177RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. JORGE A. ROMERO, ET AI., CASE NO. 07-2681-CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMPACT $240.630.65) Item # 16K5 OFFER OF JUDGMENT FOR PARCELS 838A AND 838B BY COLLIER COUNTY TO PROPERTY OWNER, NANCY L. JOHNSON PERRY, AND REJECT THE OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT BY NANCY L. JOHNSON PERRY TO THE COUNTY IN THE LAWSUIT STYLED CC V. NANCY I. JOHNSON PERRY, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, ET AI., CASE NO. 03-2373-CA (GOLDEN GATE PARKWAY PROJECT NO. 60027)(FISCAL IMPACT: IF ACCEPTED. $2.000) Item # 16K6 CONSENT TO ASSIGNMENT AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES IN SOLID WASTE DISTRICT II WITH CHOICE ENVIRONMENTAL SERVICES OF COLLIER. INC. Item #17A RESOLUTION 2007-297: PETITION V A-2007-AR-11577 (WB) B F FT. MYERS, INC., REPRESENTED BY ROBERT J. MULHERE, AICP, RW A, INC. AND WORKING IN CONJUNCTION WITH THE COLLIER COUNTY ATTORNEY'S OFFICE, REQUESTS A Page 389 October 23-24, 2007 VARIANCE FOR AN OUTP ARCEL (PRESENTL Y IMPROVED WITH A WENDY'S RESTAURANT), IN ORDER TO REDUCE SEVERANCE DAMAGES RESULTING FROM THE "TAKING" OF A +/- 15.0 FOOT ROAD EASEMENT FOR THE EXPANSION OF IMMOKALEE ROAD. THE VARIANCE WILL ALLOW FOR PARKING WITHIN 11 FEET OF THE PROPERTY LINE ALONG IMMOKALEE ROAD FRONTAGE. THE SITE DOES COMPLY WITH THE PUD REQUIREMENT FOR A 15 FOOT BUILDING SETBACK FOR THIS FRONT YARD. IN ADDITION, A VARIANCE OF 9 FEET IS REQUESTED FROM THE REQUIRED 20 FOOT WIDE LANDSCAPE BUFFER WIDTH PER LDC SECTION 4.06.02CA, TO ALLOW FOR AN 11 FOOT WIDE LANDSCAPE BUFFER. THE SUBJECT PROPERTY IS LOCATED AT 10941 AIRPORT ROAD NORTH, WHICH IS AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND AIRPORT ROAD, WITHIN THE GREEN TREE PUD (ORDINANCE 81-58), GREEN TREE CENTER TRACT "C", SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. (COMPANION TO ITEM 16Kl) Item # 17B ORDINANCE 2007-63: PETITION PUDZ-2005-AR-7883, HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., REPRESENTED BY DWIGHT NADEAU, OF RW A, INC., IS REQUESTING A REZONE TO THE HABITAT - WOODCREST RPUD ON 11.2 ACRES OF LAND FROM THE AGRICULTURAL (A) ZONING DISTRICT, TO ALLOW FOR A MAXIMUM 66 RESIDENTIAL UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF WOODCREST DRIVE, SOUTH OF IMMOKALEE, JUST NORTH OF ACREMAKER ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 Page 390 October 23-24, 2007 EAST. COLLIER COUNTY. FLORIDA Item #17C ORDINANCE 2007-64: TO AUTHORIZE THE HUMAN RESOURCES DEPARTMENT TO AMEND THE COLLIER COUNTY FINGERPRINTING ORDINANCE NO. 04-52 TO REQUIRE FINGERPRINTING FOR ALL COLLIER COUNTY EMPLOYEES AND CERTAIN COUNTY CONTRACT EMPLOYEES AS DEFINED BY 125.5801. FLORIDA STATUTES Item # 17D ORDINANCE 2007-65: ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM, BY REVISING SECTION SIX: CREATION OF THE CONSERVATION COLLIER ACQUISITION FUND; SECTION EIGHT: LAND ACQUISITION ADVISORY COMMITTEE; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; SECTION ELEVEN: ACQUISITION LIST: SECTION TWELVE: NOMINATION OF ACQUISITION PROPOSALS AND CANDIDATE SITES; SECTION THIRTEEN: PROCEDURES FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT OF THE ACTIVE ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES; SECTION FOURTEEN: MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY SENSITIVE LANDS; SECTION FIFTEEN: RESPONSIBILITIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Page 391 October 23-24, 2007 Item #17E BAR RESOLUTION 2007-04: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2006-07 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:12 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ JIM ctfLETT A, Chairman ATTEST:'>' , DWIGHT. E. BROCK, CLERK ..--~--- ~. . .c.. , "~U / . :v . . . t~s to (, . slgnatur. iiitr~ "'" These minutes approved by the Board on fJDVeMbeK 272607 , as .,,' I ) presented ~ or as corrected . Page 392