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BCC Minutes 11/27/2007 R November 27,2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 27,2007 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning 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) al.".\.'.'~1. . " r . '". ,,' '.:... ()I ...... \ AGENDA November 27, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 November 27, 2007 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE 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 to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. October 9,2007 - BCC/Regular Meeting C. October 18,2007 - Value Adjustment Board Special Magistrate Davia Mazur D. October 23-24, 2007 - BCC/Regular Meeting E. October 24, 2007 - BCC/LDC Meeting F. October 29,2007 - Value Adjustment Board Special Magistrate Stephen Cunningham G. October 30, 2007 - Value Adjustment Board Special Magistrate Stephen Cunningham Page 2 November 27, 2007 H. October 30, 2007 - BCC/Land Development Code Meeting I. October 31, 2007 - Value Adjustment Board Special Magistrate Scott Watson J. October 31,2007 - Value Adjustment Board Special Magistrate Davia Mazur K. November 2,2007 - BCC/Pre-Legislative Session Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Donald Champlin, Road Maintenance 2) Kelly Grandy, Library 3) Miguel Herrera, Road Maintenance 4) Susan Rossi, CDES Operations B. 25 Year Attendees 1) Helen Ortega, EMS 4. PROCLAMATIONS A. Sandra Arnold-Lawson congratulated for receiving the Certified Emergency Manager (CEM) designation from the International Association of Emergency Manager (IAEM). To be accepted by Sandra Arnold-Lawson. B. Proclamation to recognize the CCPC for their work on the AUlR. To be accepted by Planning Commission members. C. Proclamation to recognize members of the Productivity Committee for their work on the AUlR. To be accepted by Productivity Committee members. D. Proclamation to recognize Matthew Berning, Troop 2001 Life Scout Eagle candidate, for his efforts to organize an electronics recycling round up event Page 3 November 27, 2007 and to designate December 1, 2007, as a Day of Recycling for Electronic Waste in Collier County. To be accepted by Life Scout Eagle Candidate Matthew Berning. 5. PRESENTATIONS A. Presentation by Chip Merriam, Deputy Executive Director, South Florida Water Management District, regarding the local Comprehensive Plan as it relates to S.B. 360 and 444. B. Recommendation to recognize Jim von Rinteln, Emergency Management Coordinator, Bureau of Emergency Services, as Employee of the Month for November 2007. C. Contractor Presentation on the New, Collier County, Courthouse Annex; Project No. 52533; Kraft Construction CM at Risk Contract. D. This item to be heard at 11 :00 a.m. Swearing in ceremony for the newly elected Florida House of Representatives Member, District 101. 6. PUBLIC PETITIONS A. Public petition request by Mary Mayville, Collier County Agricultural Fair & Exposition, Inc., to discuss reinstatement of a permanent beer license. B. Public petition request by Mark Adamczyk to discuss the construction of a County park in the Delasol Community. C. Public petition request by Patrick White to discuss Orders Finding Violation relating to property owned by Jerry and Kimberlea Blocker. D. Public petition request by Craig Brugger to discuss waiver to contract with FGUA for their Golden Gate Wastewater Plant Injection Well. E. Public petition request by Robert Lockhart to discuss CEB Case No. 2004- 026 and related fines. Item 7 and 8 to be heard no sooner than 1 :00 D.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 4 November 27, 2007 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2006- AR-l0648: Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of HoleMontes, Inc., and Richard D. Yovanovich, esquire, of Goodlette, Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home, Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-2007-AR- 11970, American Dream Builders, represented by James McCord, is requesting a Conditional Use for the extension of a Model Home/Sales Center, which has been in existence since 1997. The subject property is located in Golden Gate Estates on Tract 119, in Unit 26, at the Southwest corner of 13th Ave SW and Collier Boulevard (CR 951), Section 15, Township 49 South, Range 26 East, Collier County, Florida C. This item continued from the June 12.2007 and October 23. 2007 BCC meetinl!s. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2006-AR- 10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side ofImmokalee Road (CR 846), approximately one quarter mile west of the I-75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS Page 5 November 27, 2007 A. This item to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive Recruitment, a division of the Waters Consulting Group, Inc. B. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. C. Appointment of member to the Collier County Code Enforcement Board. D. Appointment of member to the Affordable Housing Commission. E. Appointment of member to the Immokalee EZDA. 10. COUNTY MANAGER'S REPORT A. Obtain direction from the Board of County Commissioners on accepting after-the-fact developer applications for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units and provide direction to staff to amend the Consolidated Impact Fee Ordinance. Board direction on this item will directly impact the following items on today's agenda: lOB, lOC, 1OD, 1OE, 1OF, lOG, lOH, 101, 10J, 10K, lOL, 10M and lON. B. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Garry Jean Baptiste and Syndy Jean Baptiste (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 26, Block 11, Naples Manor Lakes and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041982 in the amount of$26,204.83. C. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Araceli Ramirez (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 8, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020738 in the amount of $12,442.52. Page 6 November 27, 2007 D. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roberto Maciel Chavez and Gloria Maciel (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 15, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064370 in the amount of $13,616.20. E. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with David Licot and Nancy Licot (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007012026 in the amount of$19,372.52. F. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean S. Jean Noel and Marie J. Montfort (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020743 in the amount of $12,442.52. G. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Clairicia Achille (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 7, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020740 in the amount of $12,442.52. H. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Monica Martinez (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 14, Trail Ridge and authorizes a reimbursement ofthe fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064365 in the amount of $13,616.20. Page 7 November 27, 2007 I. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miguel Vera Vera and Maria Elena Vera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 16, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020728 in the amount of $12,442.52. J. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marise Omeus (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 18, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064384 in the amount of $13,616.20. K. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Guerline Mathieu (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 13, Liberty Landing and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007020732 in the amount of $12,442.52. L. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Inel Tanis and Almonise Tanis (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 19, Block 14, Naples Manor Lakes and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007052698 in the amount of $26,240.68. M. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nicolas Huerta Lara and Juana Cortes Alvarez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 16, Trail Ridge and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2006064377 in the amount of $13,616.20. Page 8 November 27, 2007 N. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean C. Jean Pierre and Marie Jose Jean Pierre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 11, Block 6, Naples Manor Lakes and authorizes a reimbursement ofthe fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041987 in the amount of$26,204.83. O. Recommendation that the Board of County Commissioners provide direction related to the acceptance of after-the-fact developer applications from Habitat for Humanity of Collier County, Incorporated for 48 properties and the reimbursement of impact fees paid prior to issuance of a Building Permit and execution of an impact fee deferral agreement (Amy Patterson, Impact Fee/EDC Manager, Community Development & Environmental Services Division) P. Recommendation that the Board of County Commissioners evaluate and consider each option presented with respect to including less than five acre illegal Rural Fringe Mixed Use District (RFMUD) Sending Land properties into the Transfer of Development Rights (TDR) Program for the purposes of programmatic participation relative to TDR severance. (Joe Thompson, Planner, Comprehensive Planning, Community Development & Environmental Services Division) Q. Recommendation for the Board of County Commissioners to approve a funding change for the Goodlette Frank Road Project (60005); Collier Boulevard South Project (60001); and the Davis Boulevard Project (60073) in the amount of$2,279,900. (Norman Feder, Transportation Services Administrator) R. This item to be heard at 4:00 p.m. Recommendation to grant final approval ofthe roadway (private) and drainage improvements for the final plat of Strada Bella (Olde Cypress PUD). The roadway and drainage improvements will be privately maintained.(Stan Chrzanowski, Senior Engineer, Engineering & Environmental Services Department, Community Development & Environmental Services Division) S. Recommendation to adopt a Resolution (Initiating Resolution) of the Board of County Commissioners of Collier County, Florida, pursuant to Part II of Chapter 171, Florida Statutes (Florida's Interlocal Service Boundary Act) to Page 9 November 27, 2007 commence the process for negotiating an interlocal service boundary agreement regarding 204.19 acres of land, more or less, described as the Hole in the Wall Golf Club, proposed to be annexed into the City of Naples. (Jim Mudd, County Manager) T. Recommendation to approve a modification to Agreement 07-EC-33-09-2l- 01-486 between the State of Florida, Division of Emergency Management and Collier County accepting an additional $1,693,940 towards the construction of a new County Emergency Operations Center (EOC) within the Emergency Services Center (ESC) and approve the Budget Amendment necessary to recognize and appropriate $1,693,940 as revenue. (Jim von Rinteln, Emergency Management Coordinator) U. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Companion Item to 10V) (Joe Schmitt, Community Development Administrator) V. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Companion Item to lOU) (Joe Schmitt, Community Development Administrator) W. Recommendation to amend the County's Purchasing Policy to further modernize the County's business practices. (Steve Carnell, Purchasing Department Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 10 November 27, 2007 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 have the Board of County Commissioners (BCC) prioritize the watersheds for development of the Watershed Management Plans. 2) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3) To accept final and unconditional conveyance of the water utility facility for Falling Waters North Preserve. 4) Release and Satisfactions of Lien 5) To accept final and unconditional conveyance of the water utility facility for Calusa Island Village. 6) Recommendation to approve final acceptance of the water and sewer utility facility for Verona Walk, Phase 2A. 7) Recommendation to approve final acceptance of the water and sewer utility facilities for VeronaWalk, Phase 2B. 8) Recommendation to approve final acceptance of the water and sewer utility conveyance for VeronaWalk, Phase 2C. 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Heritage Bay, Phase IB. 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Park, Phase 4 Page 11 November 27, 2007 11) Recommendation to approve final acceptance of the water and sewer utility facilities for North Naples Research and Technology Park. 12) This item reouires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item. all participants are reouired to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 6, Bellerawalk Phase 1 B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1) Recommendation to authorize Board of County Commissioners Chairman to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation, on behalf of Collier County, for receipt of Federal dollars in the amount of $134,000 for landscaping enhancements for SR 93/ 1-75 at Golden Gate Parkway. 2) Recommendation for the Board of County Commissioners to approve a funding source change for past and future expenditures in the amount of $500,000 for Fleet Maintenance expenses and the Collier Area Transit facility repair and renovation expenses. 3) Recommendation to approve a budget arnendment to transfer funds into a new stormwater project known as the Golden Gate City Stormwater Outfall Replacements, Project Number 510291, in the amount of$66,500. 4) To obtain Board of County Commissioner approval of an Easement Agreement and acceptance of a Drainage, Access and Maintenance Easement from the District School Board of Collier County for the purpose of maintaining the current drainage pattern in Section 34, Township 49S, Range 26E. 5) Recommendation for the Board of County Commissioners to approve a budget amendment to move unspent landscape maintenance fees that rolled from fiscal year 2007 into fiscal year 2008 to the Bridge Repair/Rehabilitation Program in the amount of $621,721.61. Page 12 November 27, 2007 C. PUBLIC UTILITIES 1) Recommendation to award Bid Number 07-4192 for the purchase and installation of one 200 KW Generator for the Goodland Repump Station in the amount of $62,999 to Power Pro Tech Services and approve a budget amendment within the Goodland Water District Fund 441. 2) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3) Recommendation to Award Bid Number 07-4181 for landscaping of Public Utilities Division facilities in the estimated amount of $400,000 to Florida Land Maintenance, Amera-Tech Incorporated, and Ground Zero Landscaping. 4) Recommendation to approve five Work Orders for the development of the 2007 Master Plans for a not to exceed total of $781 ,940. Under Contract #05-3785, Fixed Term Contract for Professional Utilities Engineering Services, with Greeley & Hansen LLC four Work Orders for the 2007 Water, Wastewater, Irrigation Quality Water and Water Supply Master Plans for a total of $678,940. Under Contract #07- 4071, Fixed Term Contract for Financial Consulting Services, with Public Resources Management Group, Inc. one Work Order for the 2007 Water, Wastewater and Irrigation Quality Water Rate and Impact Fee Studies for $103,000. Projects Numbers 70070, 75007, 73066,72516,75005 and 75018 cover these Work Orders. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amended Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC). This amendment extends the timeline for the development of Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land, which was purchased in December, 2005 including the developer's fee of $30,000 for a total Page 13 November 27, 2007 of $320,000. Cirrus Pointe will construct 108 units of which 32 units will be for new affordable housing units in Collier County. 2) Recommendation to approve the after-the-fact submittal of the attached Older Americans Act grant application to the Area Agency on Aging to provide nutrition programming, in-home support services and case management for elderly residents in Collier County. 3) Recommendation to approve an agreement between the Board of County Commissioners and Benderson Development Company to allow the usage of the Golden Gate Kmart Plaza for parking during Snowfest. E. ADMINISTRATIVE SERVICES 1) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the fourth quarter of FY 07. F. COUNTY MANAGER 1) Recommend approval of an interlocal agreement with the City of Naples to lease office space for use by the Collier County Film Commission Office. 2) Recommend approval of the award ofRFP #07-4175, Collier County Tourism Department Public Relations Assistance, and corresponding tourism agreement between Collier County and BCF of Florida, Inc. in the annual amount of$140,000 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to approve a Resolution terminating a Site Improvement Grant Agreement between the CRA and Sona Gallery and Echo, LLC due to applicants failure to meet terms of the agreement Page 14 November 27, 2007 2) Report to the Collier County Community Redevelopment Agency (CRA) providing an update on a proposed public referendum allowing the CRA to incur debt and to delay the desired referendum until November 4, 2008. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Citizen of the Year event on Thursday, November 15 at The Naples Elks Lodge; $35.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending as a "celebrity server" at the Farm City BBQ on November 21, 2007. $18 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Leadership Collier 20th Annual Platinum Holiday Party on December 6,2007. $45 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 Greater Naples Better Government Committee Holiday Social on December 18, 2007. $10 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of November 3, 2007 through November 9, 2007 and for submission into the official records of the Board. Page 15 November 27, 2007 2) To obtain Board approval for disbursements for the period of November 10,2007 through November 16,2007 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve are-conveyance of unused portions of certain dedicated rights-of-way in Immokalee's Newmarket Subdivision. 2) Request by the Housing Finance Authority of Collier County for approval ofresolution authorizing the Authority to issue single family housing revenue bonds to be used to finance a qualifying single family project to provide affordable workforce housing. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PE-2007-AR-12164, Keith Basik, Larry Basik, Jeff Basik of Naples Big Cypress Market Place, represented by Patrick White, Esquire, of Porter, Wright, Morris and Arthur, LLP, is requesting a Parking Exemption for an irregularly shaped parcel of just less than ten acres to allow over flow parking facilities of approximately 372 total additional parking spaces in excess of minimum required parking for Naples Big Cypress Market Place. The subject property is located at 220 Basik Drive, at the Northwest corner of US 41 and Trinity Place, Section 17, Township 51 South, Range 27 East, Collier County, Florida. Page 16 November 27, 2007 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2007-AR- 12177 (NG) Hammock Woods, LLC, represented by David R. Underhill, Jr., of Banks Engineering, and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting a two-year extension for the Sierra Meadows PUD from December 14,2007 to December 14,2009 in accordance with LDC Section 1 0.02.13.D.5(a). The subject property consists of90.8 acres and is located on the southwest comer of the intersection of Rattlesnake-Hammock Road (CR 864) and Collier Boulevard (CR 951), in Section 22, Township 50 South, Range 26 East, Collier County, Florida. C. Request that the Board of County Commissioners Adopt an Ordinance to Regulate Security of Certain Convenience Store Businesses to Protect the Physical Security of Convenience Business Retail Employees and Individuals who Patronize such Businesses. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 17 November 27, 2007 November 27,2007 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 County Commissioner meeting of November 27th. And we'll start this meeting like we start all meetings, with an invocation by Chaplain Bill Brodeur from the Avowed Hospice of Naples. Please stand. CHAPLAIN BRODEUR: Good morning, and thank you for inviting me to be here. This is probably as close as I'll ever get to political activism. With that, let us just take a moment -- let us just take a moment in this busy time of year, busy in our government, busy in our families, busy in our individual lives, let's just take a moment and center ourselves. Oh God, you are, indeed, a loving God. You've shown us your love in so many ways, so many gifts, a gift of life itself, gift of love, gift of relationships and families and friends, the God-given gifts which bring us here today as administrators for all the people of Collier County, but most of all, dear God, we thank you for your most precious gift, the gift of your unconditional love for us. Even though as humans we are imperfect beings, your love never ends. Allow us to feel that love, allow us to feel your gentle arms envelope us and carry us on our life's journey so that we may take that gift of love and share it with others. We call you a God of Peace. May your peace and your love penetrate every fiber of our being, our heart, our soul, our spirit, our mind so that we may live always in your peace and in your love. In this season of giving, may we take the love that you give us and give it in return. May our God be with you, may he guide you and give you strength, may he watch over you, keep you in his care and bless you with his peace, and may Almighty God continue to Page 2 November 27,2007 bless you and may you bless God by who you are and what you do. Amen. CHAIRMAN COLETTA: Thank you, sir. And the administrator for the Board of County Commissioners Office will lead us in the Pledge of Allegiance, Sue Filson. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Thank you, Ms. Filson. Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES Mr. Mudd, changes to today's agenda. MR. MUDD: Yes, sir. Agenda changes Board of County Commissioners' meeting November 27,2007. Item 3A2, Kelly Grandy will not be in attendance to receive her 20-year award today. Next item is to continue item 6C to the December 11,2007, BCC meeting. It's a public petition request by Patrick White to discuss orders finding violation relating to property owned by Jerry and Kimberlea Blocker. That item's asked to be continued at the petitioner's request. The next item is item 8A. There's a request for it to be continued to the December 11, 2007, BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition PUDZ-2006-AR-I0648; Naples Motorcoach Resort, Inc., represented by Robert L. Duane, AICP, of Hole Montes, Inc., and Richard D. Y ovanovich, Esquire, Goodlette, Coleman & Johnson, P.A., is requesting a rezone from the mobile home travel trailer recreational vehicle campground, and heavy commercial zoning Page 3 November 27,2007 district, to the commercial planned unit development district for a project to be known as the Naples Motorcoach Resort CUP -- CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities, such as a boat ramp and boat slips. Subject property consisting of23.2 acres is located in the southwest side of Tamiami Trail East, approximately three-quarters of a mile east of Collier Boulevard, County Road 951, in Section 3, Township 51 south, Range 26 east, Collier County Florida. That item is being asked to be continued at the petitioner's request. The next item is item lOA. In the executive summary under consideration, second page, paragraph 2, it refers to 48 additional deferral agreements processed. The correct number is 41. That correction is at staffs request. Next item is 100. The title in the index of this item uses the number 48 in reference to the number of impact fee deferrals. The correct number, again, is 41, as stated in the executive summary. That correction is at staffs request. Item 16A1, attachments for this item, table 1, prioritization ranking and figure 1, water management plan watershed maps, were omitted from the agenda packet. Copies have been distributed and are available for review, and that correction is at staffs request. Next item is to move item 16D1 to lOX. And it's a recommendation that the Board of County Commissioners approve and authorize the chairman to sign an amended subrecipient agreement with Collier County Housing Development Corporation. This amendment is to extend the timeline for the development of Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land which was purchased in December of 2005, including the developer's fee of $30,000, for a total of $320,000. Cirrus Pointe will construct 108 units, of which 32 units will be for Page 4 November 27,2007 new affordable housing units in Collier County. The item is asked to be moved at Commissioner Halas's request. Next item is item 16G2. In the executive summary under background, the second sentence should read, language to incur debt to the January 29,2008, rather than the "2007," presidential primary ballot, and that correction's at staffs request. Item 16D3 under considerations, fourth sentence should read, due, as in D-U-E, to, rather than D-O to, do to, continue growth, and that -- that correction's at staffs request, and a good find by Commissioner Fiala, by the way. We have a couple of time certain items today, and there's -- first is item 5D to be heard at 11 a.m. It's a swearing in ceremony for Matt Hudson, the newly elected Florida House of Representatives member, District 101, by Collier County Judge Ramiro Manalich. Next item is item 9A to be heard at 10 a.m., and it's a presentation by Andrea B. Sims of the Waters-Oldani -- Oldani executive recruitment, a division of the Waters Consulting Group, Inc. Next item is items, items plural, lOA through 100, to be heard-- all to be heard at three p.m. Next item is item lOR to be heard at four p.m. And that -- oh, by the way, items lOA through 100 have to do with Habitat for Humanity refunds for their impact fees that were paid and/or putting liens on properties for qualified owners of those particular properties. Items -- excuse me. Item lOR to be heard at four p.m. It's a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Strada Bella, which is the Olde Cypress PUD. The roadway and drainage improvements will be privately maintained. That's all I have, Mr. Chairman. CHAIRMAN COLETTA: Thank you, Mr. Mudd. At this point in time the commissioners will do their ex parte disclosure for the consent and the summary agenda, and any changes, Page 5 November 27,2007 possible changes, to the agenda, and we'll start with Commissioner Henning. COMMISSIONER HENNING: Nada, none, zero, zip. Nothing. CHAIRMAN COLETTA: Is that a maybe? Thank you. We appreciate that, sir. Commissioner Fiala? COMMISSIONER FIALA: Yes. I did want to comment on one thing, but we're already going to be discussing it, so I'll just set that aside until that time. And I wanted to say also on the consent agenda, I have no disclosures on 16A, but on 17 A and 17B -- 17 A I've had meetings on that particular item, which is the Naples Big Cypress Market Place, and although the -- some of the meetings and some of the correspondence did not pertain to this particular parking exemption, I have spoken to people and staff about this particular item. And on 16B (sic), which is the Sierra Meadows, I've had meetings, correspondence, emails, and phone calls. CHAIRMAN COLETTA: Thank you, Commissioner Fiala. And myself, on the consent agenda, 16A12 -- no, no disclosures on that. 17 A, I've had meetings, correspondence, emails, and phone calls; and 17B I've had meetings, correspondence, emails, and phone calls, and anyone wishing to see my ex parte folder, I have it right here. In addition to that, I have no changes to the agenda, but there is one thing, to accommodate our aide to David Rivera, representative, he is making the presentation under 6A for the Collier County Agricultural Fair and Exhibition, and he won't be available till two o'clock. He's on state business for David Rivera, and I told him I would bring this back at two o'clock for him to be able to make an appearance. And with that, we'll go on to Commissioner Halas. COMMISSIONER HALAS: Yes. Thank you, Chairman. I have nothing to divulge in the consent agenda nor the summary agenda, and I have no changes to today's agenda. Thank you. Page 6 November 27,2007 CHAIRMAN COLETTA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda and I have no disclosures to the summary or consent agendas. CHAIRMAN COLETTA: Okay. Do I hear a motion at this time approving today's agenda? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: I have a motion by Commissioner Halas and a second by Commissioner Coyle -- or Commissioner Fiala for approval. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING. 2007 November 27. 2007 Item 3A2: Kelly Grandy will not be in attendance to receive her 20-year service award. (Staff's request.) Continue Item 6C to the December 11. 2007 BCC meetina: Public petition request by Patrick White to discuss Orders finding Violation relating to property owned by Jerry and Kimberlea Blocker. (Petitioner's request.) Item 8A continued to the December 11. 2007 BCC meetina: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-10648: Naples Motorcoach Resort, Inc., represented by Robert L. Duane, AICP of HoleMontes, Inc., and Richard D. Yovanovich Esquire, of Goodlette, Coleman & Johnson, P.A., is requesting a rezone from the Mobile Home Travel Trailer Recreational Vehicle Campground, and Heavy Commercial Zoning Districts (MH, TTRVC & C- 5) to the Commercial Planned Unit Development District (CPUD) for a project to be known as the Naples Motorcoach Resort CPUD. This project proposes to allow development of up to 200 motorcoach lots as well as various amenities such as a boat ramp and boat slips. The subject property, consisting of 23.2 acres, is located on the southwest side of Tamiami Trail, East, approximately three quarters of a mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Item 10A: In the executive summary under Considerations, second page, paragraph two, it refers to "48 additional deferral agreements processed". The correct number is 41. (Staff's request.) Item 100: The title in the index for this item uses the number 48 in reference to the number of impact fee deferrals. The correct number is 41, as stated in the executive summary. (Staff's request.) Item 16A1: Attachments for this item (Table 1 Prioritization Rankings and Figure 1 WMP Watersheds map) were omitted from the agenda packet. Copies have been distributed and are available for review. (Staff's request.) Move 16D1 to 10X: Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an Amended Subrecipient Agreement with Collier County Housing Development Corporation (CCHDC). This amendment is to extend the timeline for the development of Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land, which was purchased in December, 2005 including the developers fee of $30,000 for a total of $320,000. Cirrus Pointe will construct 108 units of which 32 units will be for new affordable housing units in Collier County. (Commissioner Halas' request.) Item 16G2: In the executive summary under Background, last sentence should read, ". . ... language to incur debt on the January 29, 2008 (rather than 2007) Presidential Primary ballot." (Staff's request.) Item 16D3: Under Considerations, 4th sentence should read: "Due to (rather than "do to") continued growth. . . . ." (Staff's request.) Time Certain Items: Item 5D to be heard at 11 :00 a.m. Swearing in ceremony of Matt Hudson, the newly elected Florida House of Representatives Member, District 101, by Collier County Judge Ramiro Manalich. Item 9A to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive Recruitment, a division of the Waters Consulting Group, Inc. Item s10A throuah 100 to be heard at 3:00 p.m. Item 1 OR to be heard at 4:00 p.m. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Strada Bella (Olde Cypress PUDlo The roadway and drainage improvements will be privately maintained. November 27,2007 Item #2B, #2C, #2D, #2E, #2F, #2G, #2H, #21, #2J and #2K MINUTES OF OCTOBER 9, 2007 - BCC/REGULAR MEETING; OCTOBER 18, 2007 - VAB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE MAZUR; OCTOBER 23-24, 2007 - BCC/REGULAR MEETING; OCTOBER 24, 2007 - BCC/LDC MEETING; OCTOBER 29, 2007 - VAB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE CUNNINGHAM; OCTOBER 30, 2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE CUNNINGHAM; OCTOBER 30, 2007 - BCC/LDC MEETING; OCTOBER 31, 2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE WATSON; OCTOBER 31,2007 - VAB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE MAZUR; AND NOVEMBER 2,2007 - BCC/PRE-LEGISLATIVE SESSION WORKSHOP - APPROVED AS PRESENTED Okay. Now, the -- a motion for the approval of the October 9th BCC regular meeting; the October 18th Value Adjustment Board, special magistrate; October 23rd to 24th, BCC regular meeting; October 24th, BCC LDC meeting; October 29th, Value Adjustment Board, special magistrate; October 30th, Value Adjustment Board, special magistrate; October 30th, BCC/Land Development Code meeting; October 31 st, Value Adjustment Board, special magistrate; October 31 st, Value Adjustment Board, special magistrate; and November 2nd, BCC pre-legislative session workshop for those particular meetings, the minutes for them. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Fiala and a second by Commissioner Halas. Any discussion? Page 8 November 27, 2007 (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Okay. Mr. Mudd? Item #3A SERVICE AWARDS - 20 YEAR ATTENDEES MR. MUDD: Commissioner, this brings us to service awards. We have three 20-year employees to receive awards today. The first is Donald Champlin from Road Maintenance. Donald, if you'd please come forward. CHAIRMAN COLETTA: Twenty years, Donald. MR. CHAMPLIN : Yes, sir. CHAIRMAN COLETTA: It's a pleasure. Thank you very much for all that you've given to Collier County. MR. CHAMPLIN: Appreciate it. CHAIRMAN COLETTA: No. We appreciate your efforts. We'd like to get a picture from you, and then if you could, your greeting from the other commissioners. CHAIRMAN COLETTA: Thank you, Don. (Applause.) MR. MUDD: Our next 20-year awardee is Miguel Herrera from Page 9 November 27, 2007 road maintenance. (Applause.) CHAIRMAN COLETTA: Miguel, you must have started mighty young to put in 20 years and still look this young. Congratulations. Thank you very much. COMMISSIONER FIALA: Twelve. He was 12, right, when you started? CHAIRMAN COLETTA: We'll get your picture there, too. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Thank you very much. COMMISSIONER FIALA: We didn't get to shake the other man's hand. (Applause.) MR. MUDD: Our next 20-year awardee is Susan Rossi from Community Developmental's Environmental Services Operation. (Applause.) COMMISSIONER FIALA: Isn't that fun. CHAIRMAN COLETTA: You brought your own cheering section. MS. ROSSI: Yes, I sure did. COMMISSIONER HALAS: Congratulations for your service. Appreciate it. COMMISSIONER COYLE: Congratulations, Susan. Thank you. COMMISSIONER FIALA: Thank you. MS. ROSSI: Thank you. CHAIRMAN COLETTA: Thank you. MR. OCHS: Susan, congratulations. MR. MUDD: Congratulations. (Applause.) Item #3B Page 10 November 27,2007 SERVICE AWARDS - 25 YEAR ATTENDEES MR. MUDD: We have a 25-year awardee today, and that's Helen Ortega from Emergency Medical Services. Helen? (Applause.) CHAIRMAN COLETTA: Thank you so much. COMMISSIONER FIALA: You ought to be younger than 12 when you started. MS. ORTEGA: That's correct. Thank you very much. COMMISSIONER HALAS: Thank you very much for your help here in Collier County. COMMISSIONER COYLE: Congratulations, Helen. COMMISSIONER FIALA: Oh, that's beautiful. (Applause.) COMMISSIONER FIALA: County Manager? County Manager, she just said, thank you for the privilege of working here. Isn't that beautiful? MR. MUDD: Good employee. Item #4A SANDRA ARNOLD-LAWSON CONGRATULATED FOR RECEIVING THE CERTIFIED EMERGENCY MANAGER (CEM) DESIGNATION FROM THE INTERNATIONAL ASSOCIATION OF EMERGENCY MANAGER (IAEM) - ADOPTED Commissioners, we have a number of proclamations today. The first proclamation is Sandra Arnold-Lawson to be congratulated for receiving the Certified Emergency Manager designation from the International Association of Emergency Managers to be accepted by Sandra Arnold-Lawson. Page 11 November 27,2007 (Applause.) COMMISSIONER HENNING: Mr. Chairman, I don't know how we're going to do this. Are we going to all go down and take pictures of Sandra? CHAIRMAN COLETTA: We can bring her up here-- COMMISSIONER HALAS: She's going to be on video. COMMISSIONER FIALA: No, because she always takes our pictures, that's what he's saying. CHAIRMAN COLETTA: That's right. I think we've got a volunteer out there to take a picture, don't we? COMMISSIONER HENNING: Well, this is a great accomplishment that -- I'm excited of being able to read this proclamation recognizing Sandra's accomplishments. Whereas, Sandra Arnold-Lawson joined Collier County staff in 2002 as the communication and customer relations coordinator; and, Whereas, before joining Collier County, Sandra was a Navy journalist for Admiral Captain (sic) C. Chaplin, commander U.S. Navy (sic) Forces Japan, and a news anchor and reporter for the American Forces Network in Europe; and, Whereas, she has supported the Bureau of Emergency Services during the presidential declaration of disaster of Hurricanes Charley and Wilma, as well as numerous other local emergencies; and, Whereas, in 2002 Sandra has completed the Florida governor's hurricane conference basic public information officers course earning the Federal Emergency Management Agency, FEMA, Emergency Management Institutes of Professional Development Series Certificate, completed FEMA's advanced public information officer's course, became accredited in public relations, APR, and; Whereas, ultimately this is -- earns Sandra the Certificate of Emergency Manager designation from the Internal (sic) Association of Emergency Management, of which only 700 individuals internationally currently hold. Page 12 November 27,2007 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County that Sandra Lee (sic) Lawson be congratulated for her achievements in recognition (sic) of the value assets to Collier County and its citizen. Done in this order, 27th day of November, 2007. Mr. Chairman, I make a motion that we move this proclamation. COMMISSIONER FIALA: Oh, I second that motion. CHAIRMAN COLETTA: Motion by Commissioner Henning and a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, unanimously. COMMISSIONER FIALA: And she lives in my district. (Applause.) COMMISSIONER HENNING: Wait, wait. Thank you so much. MS. ARNOLD-LAWSON: I've never done this before. COMMISSIONER FIALA: You're also on the picture-taking end. MS. ARNOLD-LAWSON: I know, thank you. COMMISSIONER HALAS: Thank you. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: Boy, that's really impressive. Page 13 November 27,2007 COMMISSIONER HENNING: Now, do we get a picture with the proclamation? MS. ARNOLD-LAWSON: Okay. I should know how to do this. (Applause.) MS. ARNOLD-LAWSON: Commission Chairman and fellow commissioners, I just want to sincerely thank you for this recognition, and also there are a couple of other people who I think are a significant factor in achieving this. I'm not sure if you're aware or not, but there are currently 637 certified emergency managers internationally, and we have 3.5 of them here. I say 3.5, Dan Summers, our Director, is CEM, also Jim von Rinteln, Rick Zyvoloski, and Joe Frazier will be certified in 2008, so there's the .5. Also, they have helped me tremendously in getting this certification. Without them, I couldn't have done it. And also, if it wasn't for my director who supported me going through all of these classes, it wouldn't have been possible. So thank you very much. COMMISSIONER COYLE: Sandra? (Applause.) COMMISSIONER COYLE: Mr. Chairman, if I could. Don't go away. You're going to Orlando, I believe, soon, to accept another award, aren't you? MS. ARNOLD-LAWSON: Yes, I am. COMMISSIONER COYLE: Why don't you tell us about that. MS. ARNOLD-LAWSON: Well, actually we just were notified that we are up for four additional awards, the county is, one of them being for the combination of work that the emergency management department and the communications department has worked together in doing a hurricane preparedness plan, and we've been recognized by the Florida Government Communicators Association, and we're a finalist for that award, which is very significant. Additionally, we are up for a couple of other awards, including Page 14 November 27,2007 the annual report, our Freedom Memorial public service announcement, and there's one more. I can't remember. So we will find out the good news on December 6th but we are a finalist for all those four awards. CHAIRMAN COLETTA: That's -- thank you, Commissioner Coyle. COMMISSIONER HALAS: Wow. (Applause.) Item #4 B PROCLAMATION TO RECOGNIZE THE CCPC FOR THEIR WORK ON THE AUIR - ADOPTED MR. MUDD: Commissioner, the next proclamation is a proclamation to recognize the Collier County Planning Commission for their work on the AUIR, to be accepted by the Planning Commission members, and I believe, if I'm right here, we have Tor -- of that group -- and if I don't have everybody's name, forgive me. We have Tor Kolflat today, Bob Murray here today, Mark Strain here today, Donna Caron here today, Lindy Adelstein, Brad Schiffer, and Bob Vigliotti. Did I miss anyone? Good. All members of your Planning Commission, and they work very, very hard every day to make things tick as far as your zoning actions and issues like that in Collier County. COMMISSIONER FIALA: And it is my pleasure to read this proclamation. Whereas, a vital part of the mission of Collier County government is to ensure that capital improvements for governmental services and infrastructure are provided to accommodate the county's expanding population base; and, Whereas, volunteer members of the Collier County Planning Page 15 November 27,2007 Commission, CCPC, perform an extremely important role with this provision of capital improvements through their review of the Annual Update and Inventory Report, the AUIR; and, Whereas, during the preparation for the three days of the AUIR workshops and the workshops themselves, the CCPC members provided countless hours of volunteer effort; and, Whereas, the result of the time given during the AUIR workshops by the CCPC membership provided the Board of County Commissioners, the BCC, with specific recommendations related to the individual components of the AUIR from a planning perspective unique to the CCPC membership; and, Whereas, the specific recommendations provided to the BCC allow for that body to arrive upon decisions related to the proposed capital improvements within the AUIR that are most reflective of the wants and needs of the community while balanced against fiscal budgetary limitations. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we express the deepest appreciation to the citizen planning -- citizen -- I'm sorry -- to the Collier County Planning Commission members for their gift to our citizens. Done and ordered this 27th day of November, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. Mr. Chairman, I motion to approve, and I'd like to add to this that I don't know what we would do without them. CHAIRMAN COLETTA: Yes. COMMISSIONER FIALA: And we look to them for their advice. And as you know, they guide us -- they guide us along the way. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Second. Page 16 November 27,2007 COMMISSIONER FIALA: All the way. CHAIRMAN COLETTA: I think you've got multi seconds on this. So we have a motion by Commissioner Fiala, and I'll recognize Commissioner Halas as the second. And 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, of course, the ayes have it 100 percent. (Applause.) CHAIRMAN COLETTA: Gentlemen, ladies, thank you very much. COMMISSIONER FIALA: I have prizes for all of you. Thank you for all your work. Oh, thank you so much. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: Thanks, Lindy. CHAIRMAN COLETTA: Thank you so much. COMMISSIONER COYLE: Thank you very much. COMMISSIONER HALAS: Hi, Brad. Thank you. Appreciate all your work. COMMISSIONER FIALA: And the chairman of our Planning Commission, Mark Strain. Oh, did you get one? MR. STRAIN: Lindy gave me his. COMMISSIONER FIALA: Oh, Lindy, here's another one for you then. MR. STRAIN: I think he was thinking they're supposed to be passed on down the line. Page 17 November 27, 2007 COMMISSIONER FIALA: Oh, he's got one, too, okay. CHAIRMAN COLETTA: Let's take a moment here and get a picture, Mark. Towards the camera here. MR. MUDD: Now, it's a good time to smile, because I watched you and you had that zoning petition stare on before. So now it's time to smile for the photo. COMMISSIONER FIALA: Thank you again, guys. CHAIRMAN COLETTA: Mark, would you like to use the podium? MR. STRAIN: Good morning, and thank you very much for the proclamation today. It means a lot for us to know how much you appreciate our work, and we try real hard to do exactly what we're supposed to do, and that is look at things as hard as we possibly can. AUIR was an exception this year. I want to tell you why, because we've been tracking this for two or three years now with the Planning Commission, and it started out pretty rough. If you remember the first year it was sent to you, there was all kinds of turmoil and commotion. There's changes to the way it was reviewed. The Productivity Committee joined us, and that's been a very good thing for us. But over the years it's gotten a little bit better. Last year we had some bumps and things to go through. We went through it, got it cleaned up. The nicest thing we saw this year though was the great job done by your staff in comprehensive planning. I personally want to tell you that, thanks to Randy Cohen and Mike Bosi, this was the smoothest year we've had in an AUIR, as you well know. Now, there's another member of that staff that wasn't exactly involved in this AUIR but she's been involved in some things that are going to be coming up in the AUIR, and that's Michelle Mosca. And I just want to make sure that -- the recognition may be a proclamation to us, but we owe the success to the staff that may put this together, because you've got a good comprehensive planning staff. Page 18 November 27,2007 So with that, I'll leave you. Thank you. CHAIRMAN COLETTA: Thank you, Mark. (Applause.) Item #4C PROCLAMATION TO RECOGNIZE MEMBERS OF THE PRODUCTIVITY COMMITTEE FOR THEIR WORK ON THE AUIR - ADOPTED MR. MUDD: Commissioner, the next proclamation is the second half of the dynamic duo. This proclamation is to recognition members of the Productivity Committee for their work on the AUIR, to be accepted by the Productivity Committee members here today, and I believe Steve Harrison is here, Joe Swaja, Bob Dicter, Janet Vasey, and Georgia Hiller, all members of your Productivity Committee. If you'd please come forward. COMMISSIONER HALAS: Would you all please come forward. It's a real pleasure to read this proclamation, since at one time I was involved for a year with the Productivity Committee. Whereas, the vital part of the mission of the Collier County government is to ensure that capital improvements for government, governmental services, and infrastructure are provided to accommodate the county's expanding population base; and, Whereas, volunteer members of the County Government Productivity Committee, known as the G -- OR the CGPC, perform an extremely important role within the provisions of the capital improvements through their review of the Annual Update and Inventory Report known as the AUIR; and, Whereas, during the preparation of the three days of the AUI (sic) workshop, the workshop themselves, the Productivity Committee members provided countless hours of volunteer effort; and, Page 19 November 27,2007 Whereas, the result of the time given during the AUIR workshops by the Productivity Committee members provided the Board of County Commissioners, the BCC, with specific recommendations related to the individual components of the AUIR from a fiscal perspective unique to the productivity membership; and, Whereas, the specific recommendations provided to the BCC allow for the body to arrive upon decisions related to the proposed capital improvements within the AUIR that are most reflective of the wants and needs of the community while balanced against fiscal budgetary limitations. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we express the deepest appreciation to the Collier County Productivity Committee members for their gift to our citizens. Done and ordered this 27th day of November, 2007, the Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. And Chairman, I make a motion that we approve this proclamation and -- in (sic) behalf of the people who worked so diligently on the Collier County Productivity Committee. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Second. We have a motion by Commissioner Halas, 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: Aye. COMMISSIONER HENNING: Aye. Page 20 November 27, 2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Thank you so much. (Applause.) COMMISSIONER HENNING: Thank you for all your hard work. CHAIRMAN COLETTA: Thank you. And who's going to be the spokesperson? (Applause.) MS. VASEY: For all of the productivity members, I'd just like to thank you very much for this recognition. We have enjoyed the last two years working on the AUIR, and especially working with the Planning Commission. They have a different perspective on things than we do, and I think together we cover a lot of territory. Also I agree with Mark that the staff has been excellent, community services, but your entire staff was very good. We didn't have any problems with getting information. All of the answer -- all the questions were answered and we're very pleased with the results also. So thank you very much. (Applause.) CHAIRMAN COLETTA: Thank you. I'm going to make a brief comment for the listening public out there. Now what you've seen today is one of the most perfect examples of government, by the people and for the people. The commissioners don't do all the hefty lifting. It's the Productivity Committee and the Planning Commission and all the other committees that are out there. There's a tremendous amount, tremendous pool of expertise out there that we draw on a regular basis to be able to make our final decisions. Without them, we would be blind in the night. We'd never be able to find our way. We owe them all the debt of gratitude, and I'd Page 21 November 27,2007 like to invite the public at any point in time, if they feel like they're interested in local government, to seek out openings in these different committees that are available to us and make themselves and their expertise available to the general public. We appreciate it so much. Thank you. (Applause.) Item #4 D PROCLAMATION TO RECOGNIZE MATTHEW BERNING, TROOP 2001 LIFE SCOUT EAGLE CANDIDATE, FOR HIS EFFORTS TO ORGANIZE AN ELECTRONICS RECYCLING ROUND UP EVENT AND TO DESIGNATE DECEMBER 1,2007, AS A DAY OF RECYCLING FOR ELECTRONIC WASTE IN COLLIER COUNTY - ADOPTED MR. MUDD: The next proclamation is to recognize Matthew Berning from Troop 2001, Life Scout Eagle Candidate, for his effort to organize an electronics recycling roundup event and to designate December 1, 2007, as a day of recycling for electronic waste in Collier County. To be accepted by Life Scout Eagle Candidate Matthew Berning. COMMISSIONER COYLE: Mr. Chairman, it gives me great pleasure to read this proclamation in recognition of Matthew Berning. Whereas, electronic waste in the form of PCs, TV s, and other electronic devices is the fastest growing part of the waste stream in America and in Collier County; and, Whereas, just one computer monitor can contain four to eight pounds of lead, mercury, and cadmium that, if not recycled properly, could leach into our environment as well as take up precious landfill space; and, Whereas, with the onset of a new generation of operating Page 22 November 27,2007 systems, computers, flat screen TV s, in the 2009 digital TV mandate, recycling unwanted computers and TV s is more important now than ever before; and, Whereas, Matthew Berning, a Life Scout Eagle Candidate of Troop 2001, feels strongly that all of Collier County should do their part to protect our precious environment and has dedicated his Eagle Scout service project to a public awareness campaign called, "Poison PCs Toxic TVs: Recycle E-waste Responsibly"; and, Whereas, Matthew Berning has organized as a part of his Eagle Scout service project a community roundup recycling event in conjunction with Best Buy and the Collier County Solid Waste Management Department to be held on December the 1 st, 2007, when Collier County residents can recycle poison PCs and toxic TV sand other e-waste responsibly. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that December 1, 2007, be designated as a day of recycling for electronic waste. Done and ordered this 27th day of November, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. Mr. Chairman, I make a motion that we approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: A motion by Commissioner Coyle, a second by Commissioner Fiala for approval. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 23 November 27,2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Thank you. (Applause.) COMMISSIONER HENNING: Congratulations. COMMISSIONER FIALA: Thank you so much. You're going to be really successful in life. CHAIRMAN COLETTA: I'm looking forward to your code of honor. MR. BERNING: Thank you. COMMISSIONER HALAS: Congratulations. Good job. COMMISSIONER COYLE: Thank you. Let's get a picture, then we'll have you speak. MR. BERNING: I was wondering in could get a picture with some of the supporters. CHAIRMAN COLETTA: Why, of course. Please, come on up. MR. BERNING: I have my wonderful parents. My dad -- oh, there he is. And Jack Cane, who has been a wonderful friend and neighbor; my pastor, Dr. Wicker; and Pam Berryman, my guidance counselor in my school; and Jodi Walters, of course, who has been very influential to my Eagle Scout project and who is a representative for me at Collier County Solid Waste Management. COMMISSIONER FIALA: I'll bet you're so proud of that son, aren't you? What a great thing. (Applause.) MR. BERNING: Thank you very much. I really appreciate the recognition given to recycling and my Eagle Scout project to the Board of County Commissioners in this proclamation. All I wanted through my project was to instill in the public a fervent desire to recycle e-waste responsibly, and this has really done it for me. So, Page 24 November 27,2007 thank you again. COMMISSIONER FIALA: Thank you. MR. BERNING: I hope to see all of you December 1st from 10 to 3, for recycling any electronics. You can bring them there. COMMISSIONER COYLE: Yeah. Let me make sure that everybody heard that. This recycling event will be Best Buy in the Best Buy parking lot on 6325 Naples Boulevard. MR. BERNING: Yep, next to Costco. COMMISSIONER COYLE: Next to Costco on Saturday December the 1 st from 10 a.m. to 3 p.m. So please get there. If you've got e-waste of any kind, get it there and help Matthew with this project. COMMISSIONER HALAS: Then they can go right into Best Buy and buy new products. COMMISSIONER COYLE: Buy a new one. CHAIRMAN COLETTA: Matthew, before you leave, too, I want the audience to recognize that becoming an Eagle Scout is a very special privilege, that less than 1 and a half percent of all Scouts ever achieve the rank of Eagle, and you're almost there, and for that I congratulate you. Also, I'd like you to be able to state a contact number, hopefully your telephone number, where people who would like to get more involved might be able to give you a call. MR. BERNING: Okay. My telephone number is 352-2001. And for more information, you can go to the website at recycleNaples.com. There's also a contact me slot there that you can type in a little message to me and your email address, and I'll get back to you as soon as I can. So thank you very much. CHAIRMAN COLETTA: Thank you. MR. BERNING: And I hope you have a nice day. COMMISSIONER COYLE: Thank you. (Applause.) Page 25 November 27,2007 MS. W ALTERS: Commissioners, I have one more thing. Jodi Walters, Collier County Recycling Coordinator. And it's been my pleasure to work with Matthew through his Eagle Scout project, and so we'd like to present him with this small token-- MR. BERNING: Oh, wow. MS. W ALTERS: -- of our appreciation for his hard work toward recycling in Collier County. CHAIRMAN COLETTA: Wonderful. (Applause.) MR. BERNING: Thank you very much. That's wonderful of you. COMMISSIONER FIALA: What a nice kid. Item #5A PRESENT A TION BY CHIP MERRIAM, DEPUTY EXECUTIVE DIRECTOR, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, REGARDING THE LOCAL COMPREHENSIVE PLAN AS IT RELATES TO S.B. 360 AND 444 - MOTION TO BRING BACK AT A FUTURE BCC WORKSHOP - CONSENSUS MR. MUDD: Commissioners, that brings us to presentations. Your first presentation today is by Chip Merriam, the Deputy Executive Director of the South Florida Water Management District regarding the local Comprehensive Plan as it relates to Senate Bill 360 and 444. MR. MERRIAM: And good morning. How do you get it up here, Jim, on the other screen? MR. MUDD: Okay. Hang on. You on the laptop or podium computer? MR. MERRIAM: Podium computer. MR. MUDD: There we go. You're on. Page 26 November 27,2007 MR. MERRIAM: Great, thanks. And Commissioners, thanks very much for allowing me to be here. And I do have to share with you, I get the opportunity to travel around the state quite a bit, and this was very nice this morning, and I enjoyed that. I also, some of you know, I spent 11 years over here running the office out of Fort Myers doing all of the permitting, so it's actually kind a pleasure for me to be back. Around 2001, Henry Dean became the executive director and drug me over to West Palm Beach kicking and screaming, but it's worked out pretty well so far. And what I'm here to do today is talk to you about a new role we have that the legislature has provided for us to actually share in some of the comprehensive planning processes you all noted today. It's going to make things a little better, we think. It's going to make things a little complicated for a while. But the good news for Collier County government is the vision that the commission and the leadership has had. Most of what has happened in the new requirements of the 2005 Senate Bill 360 and 444, you've already done. And we still have some communication issues to work out on how we package these as you move forward on your comprehensive planning process, and I'll share those with you as I go through the discussion. But the point that we're looking at statewide right now is, there's over six billion gallons a day of water being used by the residents of this state. In the next 20-year period of time, actually less than 20 years, we're going to need an additional two billion gallons. The Southwest Florida Water Management District will represent half of that, and that's not -- that's going to be mostly conversion of agricultural lands into a more urban and suburban type system as you all are seeing in your own development here. What we also end up with in this process is trying to define where these future uses are going to be and how to relate the Page 27 November 27,2007 long-term demands. And actually one of the things we have a very difficult time with right now -- and almost every local government I'm in front of right now, the utility directors. And again, this is not reflective of yours at all. But the typical statement is, we want to know when the last drop of cheap water has come out of the tap, and that's when we'll start the alternative water supply planning and implementation. The reality is, the last drop happened a while ago, and there is no more cheap water to be had. Collier County's been one of the leaders in the development of the Florida aquifer, you know, reverse osmosis program. You've done a phenomenal job in reusing water more than once. All those things become extremely important especially with the -- you know -- the fragile nature that we've learned within our system and its inability to continue to supply the cheap water. Let's see if I can't get this going forward again. All right, as we look forward in the next 25 years, in this particular area you're going to see doubling of the volume of the water necessary to meet the requirements of growth. But the law's done something very unique, and it was a very new law, and it changed our roles significantly. Instead of the legislature just kind of passing a mandate down, which has happened sometimes in the past, in this one the vision was also to pass down some funding with it, and the funding is a competitive funding, and your county's done very well in doing this. But it's the first time water's become a concurrency issue and a discussion of your future development. What we're actually looking at is, in the past your development orders and your Comprehensive Plan changes have asked facility-type questions. It has never really been a resource question. And the resource was always handled through our regulatory process and permitting. Now what the new laws say are, as you look forward to the Page 28 November 27,2007 future, and you're going to improve -- or improve your Comprehensive Plan process, you need to account for the resource necessary at the time those developments would come on-line. A much different approach than in the past. It's going to very much increase, as I said. There's no more cheap water out there on alternatives. We're hoping that it's going to have a much stronger strength between the regulatory process, the land use process, as well as the -- our utilities working together. We also think that there's some great opportunities out there in some of the forward thinking. It's -- the more proactive approach is going to be necessary. The plants are much more expensive to develop nowadays. And I'll share with you that I just was -- just finished the Dade County permit which -- to kind of put it in scale, with two million people in Dade County, it was a permit for 347 million gallons a day for Biscayan (phonetic), that was their cheap water, and then another 100 million gallons after that, which was all alternative. They're taking the pioneering of using treated effluent to a level similar to what California has at this point -- this is how valuable the water's becoming in Dade County -- where they're actually going to use high-level disinfectant and reverse osmosis to replace the water into their wellfield and actually bring it into the same canals that are currently being recharged by the Everglades. So they're actually going to cut off Everglades water, let that sit in the Everglades where it should be, and then actually return that water once it's gone through this high-level treatment. Our governing board has taken a very strong position of saying, using water once and disposing of it is not a reasonable or beneficial use. It is not in the public interest to use water once and then get rid of it. And, again, Collier County has been a leader in that with us. We're going to have to work together to identify how the water supply needs are going to be met. You all will be working in your Page 29 November 27, 2007 capital improvements elements on how your facilities plans are going to be upgraded in order to accommodate that, and we are going to be working with you in -- a little different. We're going to be kind of taking the regulatory role of the permits and our less traditional Comprehensive Plan role and try to roll them into more certainty for you. What we'd like to do is, at the end of your Comprehensive Plan process, is ask you to be just a little more visionary so we can issue a 20-year permit. Then all you have to do at that point is be consistent with that permit and march forward for the next 20 years, next two decades as you develop your plans. Against, focus on water conservation and reuse programs. That's the cheapest water out there right now. One of our local governments had a 60 percent loss rate. You know, for them to actually go through an older town, an older city that was in a very tough place. Once we've upgraded, that was water that was found water that resource didn't have to impact any more, leak detection, not irrigating your lawn every day, not wasting -- wasteful uses of water are the cheapest for the utility to recover. You have a requirement in this where the financial planning has to be in place also as you look into the future, and that's part of the capital improvement element. What are those facilities, what are the resources that are going to be out there. And again, we're going to be looking to try to give a little more of a win in this process for you by marrying up the planning process with the permitting process. The dates that are responsible, that we updated our plans in 2006. You all notified us in the lower west coast water supply plan of the projects that you wanted to target. We sent those back in our plan to you all. By next January, local governments will have showed us what projects they want to implement, and that becomes the framework of how we move these forward. Page 30 November 27,2007 And then you adopt at that point in time a 10-year water supply facilities network as part of your compo plan. Then in 2008, and then annually after that, we're going to report, and you're going to report to us, how the projects are moving forward. And, again, that's how we marry the regulatory process up, because I think it will be a good way to get everything packaged together. We're going to do everything we can to update our water supply plans on a regular basis. If you all have a problem and you want to shift gears and change things, my commitment is, if it's each year you have to make an update, we'll update the plan to accommodate that. We want to make sure that what you're moving forward on is successful and that you can deliver it. We want to provide technical assistance where you deem it necessary. The local planning process is yours. We just have a little different role in it at this point in time. And we want to provide funding assistance through the Senate Bill 444, which provides our district with a little more than the other four water management districts. But, again, your county has been very successful, and I know Clarence has worked very hard with you all in getting -- scraping those dollars together so you will get the lion's share of them. The work plan is due January, 2008, but your staff knows that already. With that, I went through it very quickly figuring you all might have some questions. We did meet with your staff yesterday on some of the permits and the longer duration discussions. We have sent a comment back to you all asking questions, moving your most recent Comprehensive Plan change back. We don't comment directly to you. We comment to the Department of Community Affairs, but we like to give you what we've sent to them so there's no surprises in that process. But, you know, with Clarence's help, with your utilities Page 31 November 27,2007 department, and your planning staff, I think our two agencies have a phenomenal working relationship. So I'm kind of -- it's an opportunity for me to be here to talk to you about it, especially since most of what seems to be happening you are already performing. So with that, I'm open to any questions. CHAIRMAN COLETTA: We have a question by Commissioner Halas, Commissioner Henning, and Commissioner Coyle. COMMISSIONER HALAS: I have three particular questions. First one is, why does the South Florida Water Management District continue to approve applications to destroy wetlands when that's used for a recharge? MR. MERRIAM: I could -- I'll answer that question a couple different ways for you, Commissioner. Number one, within the framework of our authority, we choose to minimize and avoid wetland impacts, as does United States Corps of Engineers in their permitting process. If you cannot minimize and avoid those and you can mitigate and we can provide a matching function of what that is -- and I'll get a little more detail in that -- we will allow mitigation to occur. The first thing is to avoid them; second is minimize the impacts; the third is mitigate. Now, with the mitigation -- and I'll pick on a real drastic case first just to illustrate the point. A shopping center comes in and it has a one-acre wetland in the back, fencing that off and having semis drive back and forth does not make a successful wetland or that wetland would not survive. In those cases we may choose to mitigate to expand another footprint in order to make sure that those areas are growing in size where there are not other neighboring impacts. Again, in some subdivisions that choose to be right up against wetlands, one of the things we find a little discomforting is, you know, people do like their pets. People do not like what wetlands bring in. Page 32 November 27,2007 In some of those cases we may also look at ways to expand bigger areas so that we can isolate some of the more suburban contacts that do not support those -- those intact systems that were there being healthy. In a lot of cases we do both, we make them keep those systems and then mitigate on top of that. COMMISSIONER HALAS: My other question is, I understand that Collier County will be under the same -- we're under the same water restrictions the rest of the district is under and yet we've done due diligence in regards to making sure that we have an adequate supply of water. Can you tell us why that -- since we've done due diligence, that we're still under that type of situation? MR. MERRIAM: Excellent question, and thank you, Commissioner. The -- we do not put you under restrictions for the same reasons we put the Lake Okeechobee service area under restrictions. Right now it is no secret that that lake every day creates new record, record low. It's also no news that Florida, in general, is in a very significant water shortage situation right now, and I'm refraining from using the word drought because it did rain on the coast, mostly on the east coast of Florida, not as much on the southwest coast. We look at the actual well data from not just Collier County's draws, but also from all the single-family people out in the Golden Gate Estates area, as well as Bonita Springs and Lee County, Immokalee, and look at the impacts of all those wells. We make our decisions based on the resource conditions, period. And what we have done is we have used your restrictions, your authority, to help keep those in place because, frankly, the only authority we really have besides declaring emergencies and setting the stage for the water shortage irrigation hours is to -- is just to monitor and cut back on the permitted growers -- users, I should say. And all the single-family homeowners and homeowners Page 33 November 27,2007 associations that do not have permits with us, the only authority we have to get to them in a comprehensive way is through your local ordinances. But the answer to your question is, we look at your resources, your groundwater issues and, yes, you have done a good job, but you also are very reliant on surficial water, and we do not want, to go back to your first question, to allow the consumptive use of Collier County to have a further impact on the wetland systems that we are also trying to manager. COMMISSIONER HALAS: My final question is, how do you or how are we going to enforce if we go to phase three? How are we going to enforce this to make sure that people understand the importance of conserving water, especially watering lawns? MR. MERRIAM: I think that's a great -- again, thank you. And the reason I'm appreciative of it, these are all very important questions to what I do on a -- and some of the decisions you'll be making in the future. The -- phase three's going to be difficult. We've been under phase three on the east coast for quite a while. We went through most of the drought emergency in a one day a week irrigation, and it is just as frustrating for me to be walking and, you know, doing my exercising and seeing people's sprinklers on. I'm bold enough that I'll knock on their door and wake them up and ask them to turn it off and leave a business card behind, and usually that's enough of a wake-up call that that one individual won't do it again. But I'm a little troubled, I can't do that 18 -- what'd I say, 18 million times, 16 million times, I guess it is, in the State of Florida. However, what we're doing -- and we will be working with your utilities getting more of an educational message out. Irrigating more than twice a week on the lawns in Florida is just wasteful use of water and the -- what happens over time is the resources do get impacted and -- as well as the cost of doing business Page 34 November 27,2007 for the county goes up. You know, the treatments get more and more expenSIve. We do rely on your local governments, your sheriffs office and your local police officers, to actually write the tickets and implement them, and in some cases, some local governments have gone as far as deputizing the code enforcement people, since they are out more often. We'd like to work with you on that. We're not a -- we're not an endless source ourselves. We have a lot of projects moving forward that we have to get constructed in order to try and improve some of this; however, the education component is going to be very important this year. We're going to do everything we can to get the word out and hopefully I -- you'll see more of Clarence standing up here helping share the message also. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Henning. COMMISSIONER HENNING: Well, good morning, sir. I want to tell you that the basin board staff has been absolutely wonderful to work with in education and personal assistance. The -- we do have a water police force out there, and they take their job very seriously and do a very good job of enforcing the district's laws. But we have so many private users throughout Southwest Florida and consumptive use permits in continuance. Is there a time that you have denied those consumptive use permits? MR. MERRIAM: We have. We have done two things. One, we've held back on issuing some of those consumptive use permits for a while we were in the drought emergency. When things started to recover, most of those were directed to alternatives themselves. Any permit we're taking to the board at this point in time, to our governing board, will have an alternative attached to it. Again, we're saying that the cheap source that's there is no longer there. We're actually now saying that if you want to grow, you're going Page 35 November 27,2007 to grow against an alternative source. In your case, what makes it a little unusual is that you have been in alternative sources for quite a while. You have some conversions in the cheaper water that may be included in your utility package in the future. You may actually be a little bit of a different piece in that as we look forward in your permit process. But, you know, that discussion's just to share with you that we're open-minded both ways on this. One, we recognize the cost to your customers, and second, we're not going to give somebody else the cheaper water because you -- and force you into it without a very level playing field. COMMISSIONER HENNING: Good. That's good to hear. We are working on so many fronts with water. You know, Clarence has the primary canals. We take care of the secondary canals. We're developing watershed management plans. We have flood protection plans coming, and, you know, just stormwater management in general. You know, it doesn't seem to me that it's really serving the public well by everybody doing a little bit on water resources. That's the bottom line. You know, flood protection or watershed management plans, it's still the resources of water and what you do with them. I think we can serve the public better by the agency or the district and Collier County to try to get all that stuff together under one roof. Is that something that you might be able -- be interested in the future? MR. MERRIAM: I'd probably like to hear you out more. That's a pretty -- you're kind of at 100,000 feet and I'm one of the detail guys that implements things. So I'd like to probably have that conversation with you and Clarence in the near future, if you'd like to, to hear more of your details. COMMISSIONER HENNING: Great. Thanks. Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Good morning, Chip. Page 36 November 27,2007 MR. MERRIAM: Good morning. COMMISSIONER COYLE: Thanks for the update. After you issue a 20-year permit, what happens at the end of 20 years? MR. MERRIAM: Well, in the meantime, or the five years -- 20 years, every five years you report back. If we see additional impacts occurring that were not part of that 20-year vision and the modeling, we reserve the right to modify that permit and actually either cut back or change the way the allocations -- or maybe even change the way the wellfield is operating. At 20 years, you then come back in and prove up that the withdrawals you had did demonstrate the submission you had given us as well as the five-year incremental reports, and then, again, we reserve the ability to reevaluate and then issue the next -- whatever the next duration will be. Up until a few years ago, we only issued permits of five-year duration, and that purpose was to make sure what we were issuing really did reflect what the modeling indicated. The problem with models, frankly, is that, if you touch them enough, they can confess to anything. And we'd get the best models in with the best information, and then what we would see happening with the maximum amount of water being withdrawn or changes in the nature scape that's out there, we'd see some impacts we'd have to deal with. Today with the alternatives, if you are going to try and grow against the cheaper water, and if there is some somewhere that can be used -- and again, Collier County may have a little difference in this discussion -- that permit will be issued with a five-year duration when it's issued. The rest of your alternatives will all be issues with 20 years. But we're still keeping, on anything that's groundwater, especially close to the surface, as tight a tab as we on it. COMMISSIONER COYLE: I guess the point I'm trying to determine is, if we forecast our requirements properly and at the end Page 37 November 27,2007 of the 20 years we have shown that our withdrawals are in accordance with the 20-year permit and we have issued permits to people to live in homes and use water for that amount, is there any circumstance where you would refuse to renew the permit? MR. MERRIAM: That far out, I would have to say it'd be resource based. But if there had not been impacts, I would not foresee a problem in a renewal at that 20-year period of time, if there were no resource impacts, and that's the only thing that would change it. COMMISSIONER COYLE: You said that you rely largely on local government laws to enforce your procedures and make certain decisions with respect to permits. Do you see any particular conflict if we take a stronger position on some of these issues than you have taken? MR. MERRIAM: As long as you're not issuing -- consumptive use authority is ours and solely ours. If you are looking at making restrictions more stringent than what we have, that is your decision and we would work with you on that as part of the messaging. The most difficult thing we have is -- and I'll rely back on the time I worked over here. This region has almost a population turnover every four years, number of people that come down and leave and, you know -- and as you also expand. And understanding Florida's unique nature is hard. And I've had people tell me things that, you know, the trouble with your lawns are, you have to really put a lot of water on them to make them soft, and this isn't, you know, Kentucky blue glass. It just doesn't get soft. You know, for those who love their manicured Floratam lawns, Floratam's a weed, it just spreads and mows nice. So it's -- the problem we have is trying to keep that message alive. Some local governments have taken a little bit more of a lead. In one case where their wellfield is actually in trouble -- they don't have an alternative to jump to right now -- they have been on phase three one day a week and with a minimum four-hour restriction for the last Page 38 November 27, 2007 almost year, and they're -- our restrictions at that point in time in that place are not quite that restrictive, but it is a decision the local government has made and we support. My point about the education and messaging is, the more consistent it is, the easier it is for all of us to understand what's going on. And if you have pockets of Naples or pockets of another city sitting within your jurisdiction and their restrictions are different than the county's, that sometimes makes it very difficult for those trying to enforce it to understand who's on which side of the street and what their requirements are. So as uniform as we can make it, that's -- during those drought emergencies, that's important. The second thing that's even more important in long-term is, Florida, we've got to learn how to develop an ethic that wasting water is the wrong thing to do, and it's something that I know our agency is beginning to take and push very hard. We have December 4th a summit where we're going to be working with many utilities to develop that. But long-term, with your utilities and others, the ethic of how you deal with water in Florida has got to become very real to us. COMMISSIONER COYLE: It appears that -- well, let me rephrase that. It's my interpretation of the growth management bill as it pertains to water supply is that governments are obligated to provide whatever water is demanded for development and growth. Governments do not have the right to meter growth to meet or to balance with the use and availability of water. Do you have a different interpretation? MR. MERRIAM: Actually I do, Commissioner. And I'll -- and hopefully I'll do this in a logic that won't be too far out. Water will never be the limiting factor for development in Florida. You can desalinate the Gulf of Mexico and make as much water as you want. That's one extreme of developing of the resource. We typically don't get the regulatory discussion or decision until you've already gone through your zoning and your Comprehensive Page 39 November 27,2007 Plan process. So water is not at that point the limiting factor, and we rely on your best judgment that that decision you make is the right one for your community, and then -- we then look for what the resource availability is. That's kind of the old way of doing business. The new way of doing business is, you're going to grow in the future. You've used the -- whatever terms your planners use, be it BEBR, be it whatever other planning tools, and you want to be able to capitalize that out over time so you can make a good sound business decision. When that's done -- again, that doesn't really become the limiting factor unless it's a facilities issue and your facilities haven't kept up with the growth. So I think the essence of what -- and I may be wrong -- and that's why I kind of cautioned myself when I started out. The water itself is not the limiting factor. It actually becomes, what does this local government and community want and what do they want their resources to look like in that planning process. We just now have with the new legislation a new component that says, it's not just about the facilities. It's about the resource also. Hopefully I answered your question. COMMISSIONER COYLE: Yes, but I think that it's possibly a bit too simplistic. I would -- I would suggest to you that raw water is not the limiting factor but water that is prepared for consumption is a limiting factor because it becomes increasingly expensive to convert sea water into drinking water or even water for irrigation if you have to do that. And if there are restrictions on the revenue raising capabilities of local governments, they can't produce that water as quickly as development might demand it. So in my mind, the water that is converted for use is a limiting factor and we should never permit growth to expand so rapidly that it -- it outruns our ability to fund and develop the necessary water Page 40 November 27,2007 treatment facilities. But I don't get the impression that anybody else in the State of Florida at higher levels of government believe that or even understand it. And I'm very concerned that we and other local governments are merely being pushed to supply whatever growth demands at whatever cost it might incur, and we don't really have any control over that. We can't really say, no, we're not going to have this new plant available for five more years or 10 more years. MR. MERRIAM: I understand the difficult position. And the lucky part for myself and the agency I represent is we're on that raw water side. You're on the more difficult side of that. The caution I have for you is -- recently I got the opportunity to go out to California to look at some of the treatment plants and some of the reservoir storage because we were looking at capturing some of what Florida has done so effectively of draining and holding that to try and add to, actually first, natural environment, second to -- for -- if there's water available, to potable resources. What the caution was is some of the most expensive water you can buy is in California. They actually don't pay -- Florida water's free. What you pay for is the treatment and transmission. There is no cost for Florida water. California, you buy it by the acre-foot. And the further it goes, the more expensive that acre-foot of water is. I drove by a gentleman's house that had Melaleuca growing in his front yard because that was the tree of choice at that particular point out there, but he was washing his driveway down with a garden hose out of his potable supply. And I sat there and I just thought, how can you do that, with the expense and the cost of the resource. But again, consider the source of that statement. And then at the same time I'll tell you that I drive a three-quarter ton pick-up truck because my wife and daughter have horses and I have a boat, and I'm now paying 3.25 a gallon for gas. I don't like it, but I'm doing it. Page 41 November 27,2007 And it's the same thing, I think, happens as you try to do the -- the same discussion you had is, you seem to rise to that cost. You don't like it, you come kicking and screaming. So cost doesn't necessarily force, I believe, that restriction. The difficult piece you have is, your facilities growth and who pays as those plants expand? Is it a user pay program of those new ones coming on? Is it a subsidy from your utilities and from those sources? But those are business discussions your utility director and your county administrator can share with you. Like I said, I'm lucky. I got the easy side. I just have to deal with the raw water resource. But just food for thought from some of the traveling I've been doing recently. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Okay. Commissioner Coyle, I'm going to make a suggestion. We've still got Commissioner Fiala and we've got Commissioner Halas, and I have numerous items I want to talk about. This is going to go on for -- to be able to really explore it right -- for probably another hour, an hour and a half. It's probably the biggest single subject on the public minds today, now that we've got the roads fixed. That was meant as a joke, by the way. COMMISSIONER COYLE: Well, if that's the case, why don't we schedule it for a workshop? CHAIRMAN COLETTA: That's what I was going -- I'll second your motion for a workshop. COMMISSIONER COYLE: Okay, good. CHAIRMAN COLETTA: Okay. Anyone else agree? COMMISSIONER FIALA: Oh, absolutely. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, also we need from our staff, is how do we sit for potable water for our residents, existing today under these potential, you know, further restrictions and Page 42 November 27,2007 -- during that workshop -- CHAIRMAN COLETTA: I agree. COMMISSIONER HENNING: -- I think we need that. CHAIRMAN COLETTA: There's so many subjects, and I'd also like to broach the subject at that time about wildfires. We have a situation that's developing that's going to put us in about the same situation as California, and we need to make the public aware of it and we need to have that workshop at a reasonable point in time, sometime probably after the first of the year, to be able to broach all these subjects, because we're not going to get to there today, where we need to be. This is too big of a subject, there's too much detail that's needed, and we need to go into it in a lot more depth than we are now. So I'm going to ask my fellow commissioners -- first I'm going to go to Commissioner Fiala, then back to Commissioner Halas, to please keep the comments short with the idea we are -- COMMISSIONER FIALA: My comments will be short because I totally agree with this. I just want to add that, in workshop for abusers -- we read in the Naples Daily News an excellent piece on the abuse of some who water their lawns with millions and millions of gallons and they have the money to do that, and they don't really care what happens to the rest of the community. And in that workshop I'd like to see us talk about what preventative measures we can take, because apparently rates and punishment don't mean anything to these people. So maybe there's a way to turn it off or something like that. CHAIRMAN COLETTA: I agree, and I'd like to have somebody possibly from the Cooperative Extension come in and explain to people what it is about native Florida grasses like I have in my yard that don't require irrigation, that are bug-resistant, and the yard's always green. It's a very simple thing to maintain. It requires no serious efforts other than the mowing. But we'll leave that for another day. Let's go to Commissioner Halas, and then we're going to move Page 43 November 27,2007 on. COMMISSIONER HALAS: The last thing I -- I'm involved with the Florida Association of Counties, and I'm in the water policy work group. And what was brought before us by the University of Florida was a moisture pad that can be put under your lawn, and it measures the moisture content. And some of the studies that the University of Florida's made is that it saves better than half the gallonage on a particular lawn. And I haven't seen anything in publication by South Florida Water Management or any other water districts to get actively involved in trying to save our resources. I don't know if you've been exposed to that particular item. MR. MERRIAM: And actually, Commissioner, I'd suggest that if it came from the University of Florida, it's probably brilliant, but beyond -- that's a Gator. Sorry. But beyond that, in our xeriscape we actually do manuals that we put out there. We actually do talk about supplements to soils in order to provide some of that benefit. There are new technologies that are coming out today that have made it a lot more affordable than it was previously to add those components. And with that, Mr. Chairman, I'd be more than happy, after the first of the year, to schedule a day with you, if you'd like to do that, and sit down with you and go through a -- CHAIRMAN COLETTA: Fine. MR. MERRIAM: You know, if that's of value to you. CHAIRMAN COLETTA: County Manager's Office will be in contact with you. Thank you so much for your presentation today. MR. MERRIAM: Thank you for your time. CHAIRMAN COLETTA: Mr. Mudd, we have a 10 o'clock time certain. Item #9A Page 44 November 27,2007 PRESENTATION BY ANDREA B. SIMS OF THE WATERS- OLDANI EXECUTIVE RECRUITMENT, A DIVISION OF THE WATERS CONSULTING GROUP, INC - MOTION TO PROCEED WITH RECRUITING PROCESS - APPROVED MR. MUDD: Yes, sir. That is item -- CHAIRMAN COLETTA: I'm sorry, Ms. Filson? MS. FILSON: I would just like to introduce Andrea Sims from the Waters Consultant Firm. She's going to update you on the recruitment process. CHAIRMAN COLETTA: Okay. MR. MUDD: That's item 9A on your agenda. CHAIRMAN COLETTA: Okay. MS. FILSON: Is Andrea here? Oh, okay. MS. SIMS: Good morning. COMMISSIONER FIALA: Good morning. MS. SIMS: Thank you for the opportunity to present to you. I'm just updating you on the recruitment process for the county attorney. I appreciate the input from your offices, from your staff on gathering the materials that will be used in the preparation of the marketing materials. We will be putting together a draft ad and brochure for your review early next week. I'd like to ask your permission for the comments from your -- either you individually to go to Ms. Filson so that we can have the materials put out. We will be advertising in professional journals on a national and regional basis focusing on getting the best possible candidates before you. We will make sure that all candidates understand the sunshine law and understand that they will -- their candidacy will be made public. All resumes will come into our offices, will be reviewed. About mid January we will finish the review of all resumes and put together a questionnaire and administer a questionnaire to the top Page 45 November 27,2007 candidates. Top candidates will be -- their questionnaires and their resumes will be shared with you in a late January board meeting. With your approval, we'll select semifinalists that will have one-to-one interviews with myself, also be asked to prepare more written information so that we can do background checks and the like. In the February time frame we will, again, present to you pros and cons on the semifinalists candidates so that we can get down to about four to five individuals to be interviewed in the March time frame by your -- by each of you. Are there any questions? CHAIRMAN COLETTA: I might note that you have taken the time to meet with each commissioner individually and answer our questions, and I feel -- we all feel fairly confident the way the process is going forward. Does anyone make any -- want to make any comments? (No response.) CHAIRMAN COLETTA: Thank you so much for being here. MS. SIMS: Thank you. Do I get your -- do I have your permission to -- CHAIRMAN COLETTA: Proceed? MS. SIMS: -- have all the -- to proceed and to have your comments on draft materials forwarded through Sue so that -- CHAIRMAN COLETTA: Why don't we -- let's put that in the form of a motion so there's no misunderstanding. Motion by -- COMMISSIONER FIALA: Certainly. I make a motion to approve. COMMISSIONER HALAS: I'll second it. CHAIRMAN COLETTA: Motion by Commissioner Fiala and a second by Commissioner Halas. Any discussion? (No response.) Page 46 November 27,2007 CHAIRMAN COLETTA: Seeing none, all those if favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you very much. MS. SIMS: Thank you. COMMISSIONER HALAS: Thank you for your time. Item #5B RECOGNIZING JIM VON RINTELN, EMERGENCY MANAGEMENT COORDINATOR, BUREAU OF EMERGENCY SERVICES, AS EMPLOYEE OF THE MONTH FOR NOVEMBER 2007 - RECOGNIZED MR. MUDD: Commissioner, that brings us back to presentations, and the next presentation is 5B, and it's a recommendation to recognize Jim von Rinteln, Emergency Management Coordinator, Bureau of Emergency Services, as Employee of the Month for November, 2007. Jim, if you'd come forward, please. (Applause.) MR. MUDD: Jim is instrumental in county hurricane, tornado, and wildfire evacuations and responses. He is an innovative thinker with the ability to analyze problems and identify efficient and cost-effective solutions. Page 47 November 27,2007 With over 25 years experience in the field, Jim is often called upon to provide expert advice and guidance to emergency management agencies across the state. In his free time he instructs the Community Emergency Response Team, conducts emergency preparedness seminars, and actively seeks opportunities to improve emergency awareness. His vast knowledge, natural leadership ability and strong organizational skills resulted in his selection as the project manager for the Emergency Services Center. Over the past three years, Jim has remained the driving force behind the funding, programming, and construction efforts on this project that broke ground in February of this year. His professionalism and devotion to duty reflect greatly on Collier County and make Jim truly deserving of this award. Ladies and gentlemen, I'd like to present to you Jim von Rinteln, emergency management coordinator, Bureau of Emergency Services, the -- our employee of the Month for November, 2007. (Applause.) COMMISSIONER HALAS: I'd like to say that Jim was very instrumental in getting me involved with the FEMA organization and getting involved in two courses. One was preparedness, and the other one was mitigation of storms. MS. FILSON: Wait, Commissioner, his letter. CHAIRMAN COLETTA: Oh, I'm sorry. (Applause.) Item #5C CONTRACTOR PRESENTATION ON THE NEW, COLLIER COUNTY, COURTHOUSE ANNEX; PROJECT NO. 52533; KRAFT CONSTRUCTION CM AT RISK CONTRACT - PRESENTED Page 48 November 27,2007 MR. MUDD: Commissioner, our next presentation is the contractor presentation on the new Collier County Courthouse Annex, project number 52533, Kraft Construction, construction manager at risk contract. I'll help you a little bit. MR. JONES: Good morning, Commissioners. For the record, Hank Jones from Facilities Management. I'd like to present Mr. Peter Tuffo, Project Executive for Kraft Construction, who's going to give you a brief update on the status of the project for the courthouse annex. Pete? MR. TUFFO: Thank you very much. Good morning. The Collier County Courthouse Annex is roughly a 140,000-square-foot facility, seven stories that's being constructed just to the west of the building we're in now. When completed, this building will house the Clerk of Courts, the State Attorney's Office, Public Defender's office, and a few others. The project is currently on schedule. And I'm going to take you through the project team as well as the last nine months of the project. The project team in the field is headed up by Don Olney. He's been in the industry 35 years. He is the senior project manager. He has been with Kraft roughly seven. Dave Clarkson is the senior superintendent on the project. He has been in the industry over 35 years, and has been with Kraft for 17, and they have their support staff listed below. Now I'll take you through the past nine months. In March of 2007 we began this project. We started by demolishing the existing atrium tied to the existing courthouse that we built back in the early '90s. We removed the atrium, we cleared the site, and we began the auger cast pilings that are supporting the structure. In April we continued with the pilings as well as began the Page 49 November 27, 2007 excavation of the forming and the pile caps that, again, will support the structure. In May of 2007 we completed the pile cap work and the crane was installed in order to facilitate going vertical with the project. In June, as can you see in the pictures, we started the pile caps as well as started standing up some columns and the sheer walls to facilitate the first floor and the second floor. With this project we have roughly 23,000 square feet of -- per floor. We're pouring it in two separate pours in our cycle in order to meet the schedule demands, so we're pouring a floor every three weeks, so there's roughly a pour every week and a half to get us up to topping out the structure by the end of the year. In August you can see we started pouring the second floor deck. Again, in halves, pouring the north half first and the south half second. In September we were working on the third floor. Again, it's pretty much -- once you get above the second floor on this side, it's pretty much the same floor going vertical, so it's the same process throughout. In October, you can see we're now pouring the fourth floor, portions of the -- we poured the -- actually poured the south floor first on this one just due to an issue with the sheer wall on the north end. In November, where we currently stand right now, we are pouring the sixth floor. Actually, if you go out there, this picture was dated from November 1st. We've actually poured the first portion of the seventh floor, looking to top out the structure with the roof before the end of the year to meet our substantial completion date of March of2009 with a final completion of April, 2009. The interesting facts on this project; to date we've worked roughly 72,000 or 71,000 hours on the project. We've -- there's over 510 tons ofrebar in the structure itself. Poured close to 4,000 cubic yards of concrete, and the off-site architectural precast is completed. It's actually -- will be down here the first part of the year to be erected. Page 50 November 27,2007 That process should take roughly 10 weeks. With that, I'd like to ask ifthere's any questions or comments. CHAIRMAN COLETTA: Any questions from the fellow commissioners, other than the fact that we appreciate the wonderful job you're doing in keeping this on schedule? MR. TUFFO: Thank you very much. CHAIRMAN COLETTA: Thank you very much for being here today. MR. TUFFO: Thank you. COMMISSIONER FIALA: Keeps us all busy watching it go up, too. CHAIRMAN COLETTA: Mr. Mudd, would -- I don't think there's anything else. Thank you, sir. We're going to take a short break at this point in time. MR. MUDD: Ten minutes, sir? CHAIRMAN COLETTA: Let's make it 15. I have to meet with a state representative. MR. MUDD: Okay. Yes, sir. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seat. Commissioners, you have a hot mike. CHAIRMAN COLETTA: Okay. Mr. Mudd, the next item will be 6B. We're holding 6A until two o'clock. But before you begin it, I'm going to turn the meeting over for about 10 minutes to Commissioner Henning. I have a meeting that I have to conclude, and I'll be back shortly. COMMISSIONER HENNING: Well, we're going to miss you. CHAIRMAN COLETTA: I'm sure you are. COMMISSIONER COYLE: What did he say? Did he say he was leaving? COMMISSIONER HENNING: Yeah. Page 51 November 27,2007 CHAIRMAN COLETTA: Pay attention, okay? COMMISSIONER COYLE: Permanently? COMMISSIONER HENNING: Next item? COMMISSIONER FIALA: Don't look so excited. Item #6B PUBLIC PETITION REQUEST BY MARK ADAMCZYK TO DISCUSS THE CONSTRUCTION OF A COUNTY PARK IN THE DELASOL COMMUNITY - MOTION TO BRING BACK TO THE JANUARY 15, 2007 BCC MEETING AND FOR THE PETITIONER TO WORK WITH PARKS AND REC'S STAFF- CONSENSUS MR. MUDD: 6B. It's a public petition request by Mark Adamczyk to discuss the construction of a county park in the Delasol community. MR. ADAMCZYK: Good morning, Mr. Chairman, and Commissioners. My name is Mark Adamczyk. I'm an attorney with the law firm of Peck & Peck here in Naples. This morning I'm speaking on behalf of the Delasol Homeowners Association and myself as a homeowner in that community in item 6B, public petition, seeking your further consideration of a matter that is of great concern to our community, that being a county proposal for a neighborhood park. Also present today in support of my statement are Jim Culkar, president of the association, and Terry King, a Delasol resident who is familiar with this matter as well. Let me begin by saying, in general, our community and association strongly support public parks, including neighborhood parks; however, this petition involves a county proposed public park which would be located inside our private gated community on our Page 52 November 27,2007 southern border, separated from the Willoughby Acres community and the northern end of Euclid Avenue by a section of preserve. Today we are expressing specific concerns about the county staffs conceptual park design which will allow non-vehicular pedestrian access by the public into our private gated community. We will also briefly address a critical title issue with public access as planned, the apparent lack of precedent for this type of park, and what we believe is an important clarification about our PUD approval as it relates to public access into Delasol, all of which we feel require more analysis before a decision is made on the park. Therefore, our limited goal today is to gain your support for scheduling a subsequent meeting in which we can more fully address our specific concerns and discuss potential solutions that would work for our community, for the county and its interests and for the general public, including our neighbors to the south in the Willoughby Acres community. It is our understanding, in addition, that the parks and recreation department is not necessarily opposed to an extension of time for that purpose. Mr. Barry Williams, Director of the Parks and Recreation Staff, is here today and may be willing to acknowledge as such. We have more comments and more specific -- COMMISSIONER HENNING: Please continue with your presentation. MR. ADAMCZYK: Okay. No problem at all. Just wanted to express that there has been discussions about an extension being necessary . Based upon our current research and understanding of the facts and issues, the conceptual park design as proposed by county staff has an unsecured perimeter and two open unsecured access points. I do have copies of the design if the board wishes to view them today. The design also includes a perimeter of shrubs of unspecified height or density with no wall or fencing or other security measures, Page 53 November 27,2007 an entrance from within our gated community which is open and unsecured, and a second entrance, which is an open and unsecured public entrance from a boardwalk which begins at the northern end of Euclid Avenue and crosses our preserve to reach the park. Pedestrians and, perhaps, even cyclists or others would be able to use this boardwalk entrance. And should the board wish to view them, I also have copies of our plat which further shows the intended access and the location of the park relative to our residences. From a security and access control standpoint, we have three examples of major concern. First there is nothing to prevent public participants in the park from passing into our gated community unimpeded and having access to our private recreational facilities, sidewalks, lakes, and other areas. Second, when the park closes at night, there would be no way for the county to know whether all users had left or were -- or whether some were in our private community areas. Third is liability and insurance. The association cannot accept the risks involved with unknown park users using our private community facilities and potentially having accidents. Given that the park is on the border of our residential area, we believe the current design with no apparent reason would create the only park in Collier County which opens up a private gated community to public access. In our -- as we understand it in other cases where a park is on a private community border, there is a wall or fencing or something of the sort to provide the necessary security. These security concerns were raised at a recent informational meeting for homeowners where the county parks and recreation staff presented its conceptual design for the park. Although there are children in our community who may benefit from the park, the reaction to the proposed conceptual design was as follows: Two or three homeowners spoke in favor. A substantial Page 54 November 27,2007 number of the approximately 65 present, many of whom do have children, spoke in opposition. A showing of hands on a vote for or against the park indicated virtually unanimous opposition. Since that meeting, however, our association has been conducting a community-wide poll. Homeowners have been asked whether they would be willing to accept a public park with public access into Delasol or whether they oppose such a park. Of the 66 responses thus far, 60, or 91 percent, are opposed to the park. The 60 responses opposed include families with 21 children under the age of 13. The six responses in favor of the park have four children in the age group. Given the evolving facts and discussions that are still ongoing with county staff, we feel it is reasonable to have more time to develop a refined set of options to bring back to the board for its consideration. One option would be a county decision to not develop the park and thereby consider the land to be surplus. Accordingly, we and county staff are working to determine the appraised value of the land. In parallel, our association and county staff have also agreed to investigate modifications to the proposed plan that may adequately address our community's concerns about security. Included in that investigation, we may need to discuss alternative locations for public access because of a private preexisting recorded vehicular access easement not platted because of a title error. It appears that the proposed path of the public boardwalk to the park lies inside of that private preexisting easement. If so, that could preclude construction of the boardwalk as currently envisioned. Additionally, we would like more time to complete the collection of our current polling results and input from our 270 homeowners and to get homeowner reaction from whatever modified plan we may jointly develop with county staff that mitigates the security defects of the current proposal. We would also like to clarify our PUD approval as it relates to Page 55 November 27,2007 interconnection with Willoughby Acres. In reviewing the board's minutes of November 28,2000, there was much discussion and debate about vehicular interconnectivity with Euclid Avenue. As to the park itself, there was limited discussion about the size, and the issue of access to the park was unresolved. There was no discussion about pedestrian interconnectivity with Delasol via the park. Our PUD -- in the end our PUD approval was for a gated community and adopted without the Euclid Avenue connection largely due to opposition from residents of Willoughby Acres. Based upon the above, we feel it is critical for the board to grant us and your staff the opportunity to come back and address you in January, 2008, with well-defined options and answers to any outstanding issues. To achieve that end, we request that you direct county staff to continue to work with our association to develop such options for your consideration and that you direct no further action be taken by staff to let contracts or other irreversible actions be taken regarding the currently proposed plan. Weare aware that staff has a requirement under the existing grant agreement with Florida DEP to make a progress report early in January, 2008, but we feel that our discussions and problem-solving are not going to greatly affect that report or the timing of any future progress. I'd like to thank you for your time and consideration this morning, and I'd be happy to answer any questions you might have and would like to save a minute or two to address any comments. Thank you. COMMISSIONER HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. It's my understanding that you're absolutely right, in 2000 there was quite a discussion in regards to this park. But I think it -- not only the park serves the benefit of the people or the children in your community, it also was to basically Page 56 November 27,2007 benefit the people in Willoughby Acres, and I believe that's what the discussion was. As far as the boardwalk, they're building the boardwalk because that's a wetlands area and that's one way to get into it. I would hope that as you work through this process that you would like at -- that I believe that parks are essential to any community, whether it's yours or the neighboring community. I think it helps and -- where parents who take their young children to the park, and hopefully there would be a lot of action where you'd interface with the other parents and maybe get a big -- better understanding of what's taking place here in Collier County. I don't know how many children you have in your community. Do you have that right now? MR. ADAMCZYK: I don't have the exact number. I gave a statistic on essentially what was a large number of families with children, were in opposition to the park. I, myself, have a young child and I live very close to the proposed park. But the security questions are a large -- a great concern. COMMISSIONER HALAS: You stated that you're a gated community. I don't believe you have a wall around the thing. I think it's all shrubbery, right? MR. ADAMCZYK: I believe that's correct. COMMISSIONER HALAS: Okay. So we could probably work with the homeowners association in something of that nature so that it would hopefully benefit the people outside and they wouldn't intrude into your private space. MR. ADAMCZYK: And we would just like some time to discuss those potential measures, yes. COMMISSIONER HALAS: Thank you very much. COMMISSIONER HENNING: Commissioner Fiala? COMMISSIONER FIALA: It looks like this is something that needs to be discussed with staff and brought back, as the applicant has Page 57 November 27, 2007 asked for, and as Commissioner Halas has implied. So I would suggest that we bring this back for an open commission discussion sometime in late January. COMMISSIONER HENNING: Commissioner Coyle? COMMISSIONER COYLE: I would second that motion. COMMISSIONER HENNING: Okay. And I didn't hear that from Commissioner Halas. Did you want to bring this one back, Commissioner? COMMISSIONER HALAS: Yeah. And I hope that they continue to work with parks and rec. in regards to this. I think it's very, very important for the citizens. COMMISSIONER FIALA: And transportation, too. COMMISSIONER HALAS: And transportation. But there's really no transportation issue. That was covered in the PUD. COMMISSIONER HENNING: No. COMMISSIONER HALAS: So there's no road in there. That was what they gave up was the access by road and basically ended up with this park. COMMISSIONER HENNING: Okay. The only question I have from our staff, we do have a grant for that boardwalk. Is it going to jeopardize that grant? MR. WILLIAMS: For the record, Barry Williams, Parks and Rec. Director. No, sir, it won't. We have three years from the date that we received the grant, and the board approved the grant in, I believe, September. So we have three years from September, 2007, to use that money. COMMISSIONER HENNING: Okay. You have a majority of the board wanting to bring this one back. MR. MUDD: 15, January, sir, that board meeting? COMMISSIONER HENNING: Yes, that's fine. MR. MUDD: Okay. COMMISSIONER HENNING: Before the next item, I'd just Page 58 November 27, 2007 like to recognize, Floyd Chapin is with us today. What do we have, 6A, is the next one? Item #6D PUBLIC PETITION REQUEST BY CRAIG BRUGGER TO DISCUSS WAIVER TO CONTRACT WITH FGUA FOR THEIR GOLDEN GATE W ASTEW A TER PLANT INJECTION WELL - TO BE BROUGHT BACK TO FUTURE BCC MEETING MR. MUDD: No, sir, we go to 6D, and that is a public petition request by Craig Brugger to discuss a waiver to contract with FGUA for their Golden Gate wastewater plant injection well. COMMISSIONER FIALA: Mr. Manager, may I ask what happened to 6A? MR. MUDD: 6A, the chairman basically asked for a time certain for it to go to two p.m. because John Norman was going to be back at two, and that's why you're having that little conference. COMMISSIONER FIALA: Thank you. MR. MUDD: llA -- or excuse me, 5D is at 11 a.m, in about five minutes, and that's the swearing in ceremony, and C was continued to the 11 th of December in our change sheet this morning. COMMISSIONER FIALA: Thank you. MR. MUDD: Sir, if you'd state your name. MR. McCULLERS: Good morning, Commissioners. My name is Ed McCullers (phonetic). I work for Youngquist Brothers, Incorporated, and Craig Brugger also works for Youngquist Brothers. And basically what we had asked for was a variance to work 24 hours a day, seven days a week, to construct a deep injection well, and we ended up in this process. So basically we would like to ask approval to do so. COMMISSIONER HENNING: Questions by the board Page 59 November 27,2007 members? Commissioner Halas? COMMISSIONER HALAS: Did you -- when you got -- before you got your permit to put the well in, did you have neighborhood information meetings to let people know what was going on? MR. McCULLERS: Well, it would probably be better if! explain the process. The deep injection wells are permitted by the FDEP, and there's a whole public hearing process involved in doing that. And Derek, do you want to speak for FGU A? MR. FOMMY: Good morning, board members. I'm Derek Fommy (phonetic) with the Florida Government Utility Authority. We went through an extensive process with the FDEP to get a permit to construct a deep injection well, including public hearings and meetings and announcements and public advertisement. We've gone through that process, and the DEP had granted us the permit to construct the deep injection well. COMMISSIONER HALAS: But did you have the neighborhood information meetings in regards to informing the people out there that were going to be impacted that you -- that this is what your plan was? MR. FOMMY: That's right. COMMISSIONER HALAS: You did? MR. FOMMY: We did. COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: I don't think that's true. MR. FOMMY: We did it through the FDEP hearing that we had with them. COMMISSIONER HALAS: Not the DEP. We're talking about the people that live in that general area. Did you spend time with them and have a meeting with them to explain to them what you were going to do and also the impact that it might have as far as lighting and noise and all this other stuff? MR. FOMMY: We did. We did have an extensive explanation. Page 60 November 27, 2007 I'm not sure what you're -- maybe you meant something different where you were looking for something different, but we did have extensive meetings with the public. We did not have a whole lot of people that showed up in the meetings, but we did have those meetings as per the public requirements of the FDEP. CHAIRMAN COLETTA: Yes. I'm sorry, County Manager, go ahead. MR. MUDD: Let me try to -- let me try to interpret and decipher what's going on. In order to get your permit from FDEP, you have to advertise that you're going to get a permit and say that you're going to have meetings, but it's part of a permit, and it's advertised in that manner. Commissioner Halas is asking a question, did you have a neighborhood information meeting? Our neighborhood information meetings in Collier County, you basically send a flier out to everybody that lives anywhere from 500 to a 1,000 feet from your particular project and you mail them a letter and say, we're going to have a meeting and we're going to talk about this construction project or whatever in the neighborhood, and this is the meeting that we're going to have at Golden Gate -- in your particular case it would be at the Golden Gate Community Center right there in Golden Gate City and you specify it after hours like seven o'clock so people that work can be there and that kind of meeting. And that's the neighborhood information meeting that he's talking about. MR. FOMMY: I apologize. That's a misunderstanding on my part. We did not have that type of meeting. We did have a public open forum meeting. MR. McCULLERS: If I could, to set the stage, we bid this project over a year ago and it's just now going forward after going through this process. We're -- you know, we've drilled eight deep injection wells for Collier County and we've never had to go through this process, and on each one of them we worked a 24/7 schedule with Page 61 November 27,2007 very little -- any issues from the public. And anytime that any issue ever came forward, we dealt with it and mitigated it. And it's not a new process. We're just -- it's not usual that we have to go through this format to get approval to do so. CHAIRMAN COLETTA: I think what we're looking at is the public utilities need to be able to meet the public needs and also the public's right to be able to be informed before the process goes forward. We've been through many times, gentlemen, not so much with what you're doing, but public schools being built with a limited amount of public oversight. People do not appreciate it. They want to be heard. At the end of the day, the decision has to be made, what's the best for the public. I, for one, am very supportive of a public meeting to be held and then coming back before the Planning Commission, then back before the commission and done in an expedient way to be able to keep this thing on track. That's our job as commissioners to make sure that we meet the needs of the public. That's my own personal feeling. MR. FOMMY: I just want to make sure I'm not -- because we were a little bit at a disadvantage when we saw this item. The contractor's requesting a variance on the 24/7 operation and we -- that's where we ended up in this process. We have gone through different processes before, and I'm not sure if this is the request that the contractor had -- is responding to. I don't know how we ended up with this here. MR. MUDD: Well, let me help just a little bit. They came in with a request for 24/7, seven days a week for a year. Okay. I don't have authority, as your county manager. You haven't delegated that authority in order to do so. I only have a temporary piece of time, and I'm very specific, and it normally doesn't last for more than two weeks. And every two weeks I make them come back and reapply and Page 62 November 27,2007 tell me why. Either it's a concrete pour that, you know, needs to be continuous or whatever, and they want to start at four a.m. or they want to -- for instance, the county courthouse annex where they want to make the pours and get it done and they want to work on Saturdays, they want to start at four o'clock and we've been working with them for the concrete pours. We're very, very attuned to the fact that, in no case can they violate the noise ordinance or anything else, and we basically tell them that in that temporary permit, and I also notice (sic) them in that temporary permit, that says, you have to notify the neighbors. You have to notify -- if you want to -- for instance, Sunday; they wanted to work on Sunday. I told them to go see the church next door, you know, when we used to have our -- and I said, make sure they understand and you're cognizant that they have worship services on Sunday. And I don't -- you know, the organist is playing and I don't want a jackhammer as the base to be -- COMMISSIONER FIALA: Background. CHAIRMAN COLETTA: Background music. MR. MUDD: -- for the background. So we're very cognizant of those particular issues. In this particular case, they wanted to go for a whole year, 24/7, and I don't have that authority. So they're here to ask you for that permission from the board in order to do that. I believe what the board's asking in return is, you know, have you notified all the neighbors and are they aware, and you've told the neighbors what you're going to do in order to mitigate those things that are -- that are going to disturb their daily lives, may it be light going over into their neighborhood in the nighttime, may it be noise that goes off site, how are you going to do that? And those are the particular issues I believe the board's trying to get at right now. And I also understand what you're asking the board to do. And what I hear them saying, sir, is not that they're fighting the fact that you want to do 24/7, seven days a week for a year, but they're Page 63 November 27,2007 asking you, have you notified all the neighbors to make sure they're aware and you've talked to them to at least alleviate some of their concern, and -- COMMISSIONER HALAS: That's it. CHAIRMAN COLETTA: Let's go to Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Yeah. That's the gist of what you need to do. But do you have a site plan to show us today where you're going to -- MR. McCULLERS: I did not bring a site plan, no, sir. What I would like to point out, if I could, is that we are in the middle of a wastewater treatment plant. And you know -- COMMISSIONER HENNING: You're in the middle of a neighborhood, sir. MR. McCULLERS: Yes, sir. COMMISSIONER HENNING: Okay. So you need to go out -- there's a process. Mr. Schmitt will tell you the process of notifying the neighborhoods. Tell them and come back to the board and tell us how you're going to mitigate for light and noise. MR. McCULLERS: If we -- we have a drill rig sitting on the site and -- COMMISSIONER HENNING: Well, you know, that will be a good opportunity to share with the residents around there what kind of noise you're going to make, is start it up, you know, in the middle of the night, and then they can -- then they can hear what's -- what they're going to have to live with for a year. MR. McCULLERS: Okay. Would it be possible for us to notify the neighbors, give them door knockers, and as long as we were to live within the 75 decibels with the monitoring equipment on site, would that -- would that be acceptable for -- COMMISSIONER HENNING: That's above our noise ordinance and, furthermore, I want to know for sure that the neighbors Page 64 November 27,2007 are notified through a certified letter. MR. McCULLERS: I'd be happy to do so. COMMISSIONER HENNING: Okay. There is a process, and our staff can tell you what that process is. MR. FOMMY: I guess we're just -- we were not notified of that process as the contractor requested this information. All we -- all the contractor got was a letter saying that you are on the agenda to present this item, and we -- we're not real prepared to even get the plans; otherwise, I would have gotten the plans and made a better presentation. We were under the understanding, this was a variance -- COMMISSIONER HENNING: Well, you're going to be back, so you can show us at that time. MR. FOMMY: We'll be back and better -- we'll get you photos and everything else, sir. COMMISSIONER HENNING: Thank you. MR. FOMMY: Thank you. MR. MUDD: Commissioner, just so I'm clear on this, when Youngquist Brothers and the firm that repre -- the firm that repre -- the engineering firm that represents FGUA, when they're done with the neighborhood information meeting with the -- and they come back, that's finished, they notify me and I'll put it as a regular agenda item on a -- on the next available board meeting, okay. So if you let me know when that neighborhood information meeting is accomplished, and then you can bring all the other stuff in and we'll schedule you on a regular agenda item so you don't have to go through -- COMMISSIONER HENNING: County Manager, I think you have to tell them or guide them through the process of that neighborhood information meeting. MR. MUDD: Yes, sir. Mr. Schmitt's going to grab ahold of that gentleman before he walks out the door. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Let's go to Commissioner Fiala, then Page 65 November 27, 2007 Commissioner Coyle. COMMISSIONER FIALA: Yes. Does it take a whole year to drill a well? Yes, okay. 2417. I didn't realize it would take that long to drill a well. Anyway, and I was just -- you've pretty well answered it. I wanted to know if there -- how many neighbors were living close by and how close by, but I think we'll be discussing that at the next-- COMMISSIONER HENNING: Real close. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COLETTA: We have enough support-- COMMISSIONER FIALA: I can see your concern. CHAIRMAN COLETTA: -- to bring it back. We do, don't we? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. We have enough nods. Commissioner Coyle. I'm sorry. Commissioner Fiala, did I cut you off? COMMISSIONER FIALA: No, no, no. I'm done. CHAIRMAN COLETTA: Okay. Commissioner Coyle. COMMISSIONER FIALA: No need to belabor it. COMMISSIONER COYLE: Just a word of advice, if it's not going to take a year to do this, I would suggest that you not go to an information meeting and tell them it's going to take a year. If you ask somebody for permit for a year, then they're going to think that's a bit too long. So you might want to give people a more accurate indication of just how long this is going to last. MR. McCULLERS: The seven days a week, 24 hours a day, is something we do while we're drilling. You know, there's times in setting the project up, moving the rig to the monitor well and to cleaning the site up and doing the surface work. So primarily drilling, we work seven days a week for 24 hours a day, and that would probably be no more than 160 days total. COMMISSIONER COYLE: Okay. That's all I have. Page 66 November 27,2007 CHAIRMAN COLETTA: Thank you. I think that takes care of it. Thank you so much for being here today. MR. McCULLERS: Thank you. CHAIRMAN COLETTA: Next we'll go to our 11 o'clock time certain. MR. MUDD: Yes, sir. That is the swearing in ceremony for the newly-elected Florida House of Representative member in District 101. And that's Mr. Matt Hudson. MS. FILSON: Mr. Chairman, the judge has gone back to get a Bible, so you might want to take the next public petition. He'll be here in just a few minutes. CHAIRMAN COLETTA: Okay. We'll do that. Next public petition? Item #6E PUBLIC PETITION REQUEST BY ROBERT LOCKHART TO DISCUSS CEB CASE NO. 2004-026 AND RELATED FINES - TO BE BROUGHT BACK TO THE DECEMBER 11, 2007 BCC MEETING AND PETITIONER TO WORK WITH THE COUNTY ATTORNEY'S STAFF MR. MUDD: Commissioner, that brings us to our next public petition. It's a public petition request by Robert Lockhart to discuss Code Enforcement Board case number 2004-026 and related fines. MR. LOCKHART: Good morning. Thank you for this opportunity to address you on this matter. My name is Robert Kevin Lockhart. I live at 1361 Lakeshore Drive. I desire to resolve what I understand from my title company as a lien presently on public records by the board against my residence as a result of code case 2003-026 (sic). After three-plus years of trying to resolve what I call a bogus Page 67 November 27,2007 code case and as a result of the news from my title company, I requested a meeting with County Attorney Dave Weigel on 9/21 of this year. I was advised in a 9/25 meeting with Attorney Weigel that this item could be brought before you via the code enforcement department after following the requested course of solution to this code case, that being to obtain an after-the-fact building permit, the Certificate of Completion, pay all operational costs. It was understood by me then and clearly discussed that this matter would be resolved with the fines being reduced to zero and the resolution would be brought back before the -- before you via the code department for your approval and recording of a satisfaction of lien. The building permit was applied for on 10/1, October 1 st of this year, inspections completed October 31 st, Certificate of Completion issued on November 6th, and all operational costs paid for on November 6th. After two days following of trying to coordinate a meeting with Michelle Arnold and Jeff Wright of the attorney's office, I was finally afforded a meeting on November 9th, at which time I was advised they could not support a reduction of the fines to zero dollars. I suggested the concept referenced as my attachment A provided to you with my petition, and they advised me at that time to put it in writing and they would take it before the board for action. On November 13th, I did same and was subsequently told that day by Michelle Arnold that they could not support the idea any further, and I was then directed by the County Attorney's Office to bring this matter before you via the public petition process. I desperately need resolution to this issue and with a specific time frame and procedure. I'm a little lost, as I am under construction of a home in the Estates and I cannot finalize my loan with the encumbrance. So, therefore, please understand that I have tried to follow the Page 68 November 27,2007 directions of the County Attorney's Office to no avail. I have tried to obtain a resolution with code enforcement, but only to have Michelle Arnold recently hang up on me. And now I do need to resolve this matter either with a fine reduction, Agreement A as I've provided you, or any other acceptable means mutually agreed upon. Just a couple brief other notes. The cost to me so far in trying to dispute code claims over the last four years is an untold number of hours, I would estimate my cost of lost time around 200 -- around $2,000. Per the meeting on September 25th, with Dave Weigel, I did follow, obtained a permit, paid the operational costs. The permit fee I did pay three times because it was after the fact. The total fees paid plus the permit were around $2,200. As I mentioned, I'm currently building a house in the Estates that I can't go anywhere with because of this encumbrance that I've spent $15,000 in impact fees for. Interest expense for delays over the last seven months, around $2,000. And, of course, because I can't get a loan, I'm out-of-pocket around $160,000. I don't have money to pay a code fine. The reason I don't believe the code case really should exist is that since the beginning, I tried to explain to the county and tried to submit a permit by affidavit. Initially, the forms were not available. And in subsequent attempts, people in the building department did not have a clear understanding of how to process them. Secondly, the code document referenced as Exhibit A in the recorded lien was a document stipulated agreement that I signed concurrently with Michelle Arnold. After I signed it and walked away, it was altered. I was not privy to the alterations and I didn't have a chance to refute them, and they were recorded subsequently in public records, and those are the basis of the recording of the fines that have been accumulated. So, again, I don't believe that the timeline Page 69 November 27,2007 was properly legally established. And I throw that out to you for any questions. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Henning, then Commissioner Halas. COMMISSIONER HENNING: Mr. Klatzkow, can we -- can we resolve this way with what's being asked, is to give the county professional hours? MR. KLATZKOW: I would recommend against that. You'd start opening up a Pandora's box where people would say, I'll do community service in exchange for my fine. COMMISSIONER HENNING: Okay. Let me ask you then, what's the purpose of statute 162? Is it to correct the issue or collect money? MR. KLATZKOW: The purpose is to correct issues. COMMISSIONER HENNING: Okay. Is the issue corrected? MR. KLATZKOW: To my knowledge, yes. COMMISSIONER HENNING: Yes. So let me ask the question again. Can the board resolve this issue by hours of service? MR. KLATZKOW: You can if you'd like. I would recommend against that, however, because you'll be getting a flood of applicants now asking you for community service. In order to get away from an allegation that you're being arbitrary and capricious, we'd have to set up some sort of standard as to -- or criteria as to how many hours for what type of violation. Frankly, it's easier for you to reduce the fine in this matter if you feel that it's too high or inappropriate than it would be to require public service. COMMISSIONER HENNING: Can the board right now reduce the fine? MR. KLATZKOW: You -- the fine is the property of the Board of County Commissioners. You can reduce it to whatever amount you want, down to nothing. COMMISSIONER HENNING: Okay. The next question, Page 70 November 27, 2007 County Manager, is it -- can you accept these hours of service for professional services? MR. MUDD: Commissioner, if that's the board -- if that's the board's desire, yes, we can. I've looked at Mr. Lockhart's resume, and I've looked at his past projects. He provided me that list that he provided. He's pretty well rounded as far as the projects that are due. Now, I can't tell you that I can put him on a project right this second, but as one comes forward that fits in his expertise, then we can use him for that, engineering work, if that's the board's desire. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas. COMMISSIONER HALAS: This is a Code Enforcement Board issue and this is set up by citizens, and they've made the determination. And I believe Mr. Lockhart at one time was on the Code Enforcement Board; is that true? MR. LOCKHART: Yes, sir. I was on the north board. COMMISSIONER HALAS: Now, the county attorney, since this was brought before the Code Enforcement Board -- and my understanding is they found that this person was in violation; is that correct? MR. KLATZKOW: There was a stipulation that was entered into where Mr. Lockhart agreed to the finding that he was in violation, and then it was then entered into the record as such. COMMISSIONER HALAS: So really where this needs to go is into the court of law, wouldn't you believe? MR. KLATZKOW: At this point in time, sir, we're well past the point of being able to take it to the Circuit Court. The only issue left is the lien on the property, which I understand is around $58,000. And you own that lien. It's your decision right now what you want to do with that lien, whether you want to enforce it in full, in part, or nothing at all. Page 71 November 27,2007 COMMISSIONER HALAS: Well, what I'm surprised at is that it took four years, and being that Mr. Lockhart was on the board, Code Enforcement Board, I would think that he would have a full understanding of the implications of letting this go and not addressing the issue. Am I right or wrong on that? MR. KLATZKOW: I would agree with you there, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Michelle Arnold, can you add anything to this? MS. ARNOLD: For the record, Michelle Arnold, Code Enforcement Director. Jeff is absolutely correct. Where we are in this situation right now is that it's in compliance, and the fines are the only thing that are outstanding. The case has been through the hearing process and actually been moved from the code enforcement's jurisdiction to the Board of County Commissioners' jurisdiction. So you all have the option of abating it, reducing it, or requiring full payment of it. And it was recommended by the County Attorney Office that we not forward a recommendation to have this be abated through government or community service because, as Mr. Klatzkow had indicated, this is going to open up a Pandora's box. We've got hundreds of liens out there, and rather than coming into compliance, the board may put themselves in the position of, you know, having a community service program to administer. COMMISSIONER COYLE: Now, have all of the costs been paid for associated with the violation and getting the permits after the fact? Everything has been paid for? MS. ARNOLD: Yes. COMMISSIONER COYLE: There's nothing that is owed? MS. ARNOLD: Other than a fine. Page 72 November 27,2007 COMMISSIONER COYLE: Other than the fine itself. Now, there is a lien against his property, and it is only for the fine. It is not for anything else; is that correct? MS. ARNOLD: The lien is against his property for everything, but he's satisfied a portion of the lien, which is the cost. COMMISSIONER COYLE: Okay. MS. ARNOLD: The only thing that's outstanding is the fine. COMMISSIONER COYLE: Okay. MS. ARNOLD: I mean, I could -- the case, as he indicated, was initiated back in December of2003. The board, the Code Enforcement Board, had considered this in June of 2004. They gave him 45 days to obtain a permit and an additional 180 days after the date that it was obtained to get a Certificate of Completion. Fines were imposed back in August of '04 and continued to accrue until the permits were obtained and CO'ed. He did, as he indicated today, obtain permits in -- applied for permits on October 1 of '07. The permit was issued October 17th of '07, and CO'ed on November 6th of'07. So it was -- it was done all within the time period granted by the Code Enforcement Board. COMMISSIONER COYLE: Okay. Well, just to share with the board. My impression here is that the gentlemen has solved all of the operational costs and the permitting costs. I think that the petitioner was very negligent in taking care of this on a timely basis. He didn't take it seriously. He felt, I think, that he could resolve it in different ways to his satisfaction, and he didn't really address this. But there are some extenuating circumstances. So my feeling is that we're not in the business of penalizing people to the point where they'll lose their property. We just shouldn't be doing that. But on the other hand, when people -- the government assesses a fine for you, you don't let it lie there for three or four years before you take action to solve it. There has to be some penalty for Page 73 November 27,2007 that. I think it should be a small penalty. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: May I make a -- help you a little bit? COMMISSIONER COYLE: Sure. CHAIRMAN COLETTA: Maybe possibly suggest to bring it back at another meeting with the option? COMMISSIONER COYLE: We can do that. CHAIRMAN COLETTA: Okay. And Commissioner Henning, do you agree to that? COMMISSIONER HENNING: Well, I think there's a -- the problem -- I like the way we're going, but I think the problem is, Mr. Lockhart has a house under construction that he can't continue because -- because he can't get draws on it, because there's a lien, and the only way that that can be satisfied is if the board signs off on the lien. And I don't know if we can do that today anyways. MR. KLATZKOW: Well, we could quickly prepare a satisfaction oflien and get it to you really the same day, you know, for recording. That's not an issue. But once you've released the lien, we're done. COMMISSIONER COYLE: Can I make a suggestion? COMMISSIONER FIALA: Yeah. COMMISSIONER COYLE: Why don't we refer this to our next meeting, and in the meantime, ask the county attorney to work with the petitioner to resolve this, reach an agreement, and bring back to us a motion to resolve the lien, release the lien, at our next board meeting. MR. KLATZKOW: We can do that, sir. Again, Mr. Lockhart has never made an offer as far as monetary goes, whether it's 10 percent or 5 percent. COMMISSIONER COYLE: I would not be in favor of community service under these circumstances. Page 74 November 27, 2007 CHAIRMAN COLETTA: No. I agree with you, sir. Let's see if we can wrap this up. I think we -- we have this item coming back for you, sir, so we can address it. It would be at the December-- MR. MUDD: 11. CHAIRMAN COLETTA: -- 11th -- 11 th meeting. At that point in time hopefully you'll have come up with some reasonable agreement with staff. I'm hearing the sentiments of the commission. I don't want to argue it now. I'm going to be honest, we're giving you every opportunity we possibly can. This is less than we've done with two other people that have paid the fines that were in much dire situations than you were, and that's something that I will bring up in the near future. And with that, I'm going to go to Commissioner Henning, ask him for a final comment. Then Commissioner Coyle, are you still on board? Okay. Then Commissioner Henning? COMMISSIONER HENNING: Well, we need to give the County Attorney's Office some direction on what we're looking for when it comes back; otherwise, it might -- I mean, I see some friction there as it is. So if we don't give that guidance, we might have just as much friction or even more when it comes back. And, you know, my feelings, ifit has been abated, fine. If the board is not willing to take the offer, then how do we work for our citizens? CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I would make a suggestion, if that's a good one, and say maybe a 5 percent fine -- 5 percent of the total that he owes now would be the fine that he would pay to settle this agreement. COMMISSIONER HENNING: Yeah, I think that we ought to work on something similar to that or less. CHAIRMAN COLETTA: Commissioner Halas? Page 75 November 27, 2007 COMMISSIONER HALAS: I've got a problem with that because of the fact that this individual is an engineer, he was also on the Code Enforcement Board. He understands fully the obligations that are there. And I'm sure that he sat in judgment of other people who were in violation of permits -- that didn't get permits, and I believe that 5 percent is not enough. It's got to be more than maybe like 15 percent, somewheres in that category. COMMISSIONER HENNING: Got two fives here. CHAIRMAN COLETTA: I could accept 15. I was thinking 25, to be honest with you. In any case, do you want to give any guidance to give negotiations that are going to take place, Commissioner Coyle? COMMISSIONER COYLE: I think the range that the two of you have suggested is an appropriate range to consider. CHAIRMAN COLETTA: Okay, fine. COMMISSIONER HENNING: It is? COMMISSIONER COYLE: It is. MR. KLATZKOW: Tenpercent. CHAIRMAN COLETTA: Commissioner Henning? MR. KLATZKOW: We'll be done today. CHAIRMAN COLETTA: Okay. Sir, I think we've got enough direction. Don't wave your hands like in dismissal like it's never going to happen. Go back and negotiate something and come back, and we'll discuss it at that point in time. We thank you for being here today, and we're not going to charge you if you break the mike. MR. LOCKHART: I repaired it. See, I'm already doing service. CHAIRMAN COLETTA: Thank you. Item #5D SWEARING IN CEREMONY FOR THE NEWLY ELECTED FLORIDA HOUSE OF REPRESENTATIVES MEMBER, Page 76 November 27,2007 DISTRICT 101- MATT HUDSON SWORN IN BY COLLIER COUNTY JUDGE RAMIRO MANALICH And with that, we're going to go on to the next item. MR. MUDD: Which is 5D, it's a time certain at 11 a.m. This item -- it's a swearing in ceremony for the newly elected Florida House of Representative member Mark (sic) Hudson for District 101. COMMISSIONER FIALA: Matt Hudson. MR. MUDD: Matt, excuse me. I said Mark, didn't I? Matt. My apologies. And I believe Judge Ramiro Manalich is here to administer that particular oath. JUDGE MANALICH: Good morning, Mr. Chairman. CHAIRMAN COLETTA: Good morning, sir. Thank you for showing up and being here for us. JUDGE MANALICH: Thank you for the opportunity. Members of the board, Representative Rivera, other distinguished guests, public, County Attorney Weigel and your staff, County Manager Mudd and your staff. Just a couple of comments before I swear in the new representative. It is, for me, truly an honor and a privilege when I get to do this. This is both a solemn and happy occasion. Over 200 years ago Benjamin Franklin was asked at the conclusion of the constitutional convention, what have you accomplished? His answer was, a republic if you can keep it. And I submit to you that as long as the American people continue to support the political process, stay involved, and as long as good people like Matt and the members of this board continue to choose to serve an elected office, that promise, that admonition from Franklin will be adhered to. Just a comment about the oath that we're going to administer this morning. It's my firm belief as a member of the judicial branch of Page 77 November 27,2007 government that the Constitution and the rule of law in this nation are the glue of values that hold our three separate but equal branches of government together. In that respect our nation's founder, George Washington, had the following comment: The basis of our political system is the right of the people to make and to alter their Constitution of government. But the Constitution, which at any time exists, until changed by an explicit and authentic act of the whole people, is sacred obligatory upon all. The public has chosen Matt for his skills, experience, and leadership qualities. And my only good wish toward him at this time before he takes the oath is that he will find inspiration and guidance in the great example which is established for this county by Mike Davis, who we all greatly miss, but we also look forward to Matt's own style, abilities, and leadership in charting his vision of the course of a government by, for, and of the people. All right. At this time I would like to call up Matt and his son Chris to administer the oath. CHAIRMAN COLETTA: Yes. And if I may also invite up to be able to bear witness Kevin Rambosk, who is the undersheriff. And Matt has a very special relationship with Don Hunter and the sheriffs department, and I'd like him to step forward. Also we have Representative Rivera here today, and Senator Burt Saunders. Would you please come up and bear witness to this. mDGE MANALICH: And I also want to recognize Senator Saunders. I did not know he was in the back of the room. SENATOR SAUNDERS: Can we object? mDGE MANALICH: All right. Matt, if you will place your left hand on the Bible and raise your right hand and repeat after me, please. I do solemnly swear. MR. HUDSON: I do solemnly swear. mDGE MANALICH: That I will support. Page 78 November 27,2007 MR. HUDSON: That I will support. JUDGE MANALICH: Protect and defend. MR. HUDSON: Protect and defend. JUDGE MANALICH: The Constitution and government. MR. HUDSON: The Constitution and government. JUDGE MANALICH: Of the United States. MR. HUDSON: Of the United States. JUDGE MANALICH: And of the State of Florida. MR. HUDSON: And of the State of Florida. JUDGE MANALICH: That I am duly qualified to hold office. MR. HUDSON: And that I am duly qualified to hold office. JUDGE MANALICH: Under the Constitution of the state. MR. HUDSON: Under the Constitution of the state. JUDGE MANALICH: And that I will. MR. HUDSON: And that I will. JUDGE MANALICH: Well and faithfully perform. MR. HUDSON: And well and faithfully perform. JUDGE MANALICH: The duties ofa member of the House of the Representatives. MR. HUDSON: The duties ofa member of the House of Representatives. JUDGE MANALICH: On which I am now about to enter. MR. HUDSON: As I am now about to enter. JUDGE MANALICH: So help me God. MR. HUDSON: So help me God. JUDGE MANALICH: Congratulations and good luck. (Applause.) MR. HUDSON: Thank you. MS. KINZEL: Hi, Ramiro. Great speech. JUDGE MANALICH: Do you want a picture? However you'd like us. CHAIRMAN COLETTA: We need for you to say a couple Page 79 November 27,2007 words, Matt, words of encouragement to this commission. MR. HUDSON: I'm afraid to touch the microphone. Seems to be a little concern with telecommunications here. First of all I want to thank -- I thank everyone for making this day possible. Most importantly, I'd be very remiss in didn't thank my family; my wife, who couldn't be here because she's working today as the infection control nurse for Naples Community Hospital. She does a tremendous amount of public service herself, and so I'm very fortunate to have her at my side, as my five children are an instrumental part of my life. Very blessed to have my son here today holding the Bible. Sorry for being a little late on your time certain agenda, but we had to scramble to locate a Bible very quickly here, but it was very important to me that we do that. I want to thank the Board of County Commissioners for your support. I look forward to the opportunity to work with you as we go into this legislative session. I think there's a lot of unique challenges that face us, and I think that if we work together, that there are some unique solutions that we'll be able to find. Most importantly, I'd also like to thank the people that elected me. There is no greater honor and there's no more humbling experience than to wake up the day after an election and to see that a lot of people put their most precious commodity in you, and that's their trust. And I will certainly work hard every day to maintain that trust, as it is their most precious commodity. I'd like to thank Representative Rivera for being here, as well as Senator Saunders, Kevin Rambosk. Very important to have that support, that's for sure. There are a number of people in the audience that were very supportive of my endeavors as we went along; Ellie Crier, James Mullin, Floyd Chapin. Hopefully I'm not missing anybody, but I certainly appreciate that. It means a lot to have everyone here for this day. Page 80 November 27, 2007 It's a big step. It's one that I'm looking forward to. It's a journey, and today's step one of that journey, and I look forward to working through it and working through it together and doing what's right for the citizens of this community and for this state as a whole, and I thank you very much for your support. (Applause.) COMMISSIONER HENNING: Mr. Chairman? Mr. Chairman? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: May I just recognize that the Board of Commissioners publicly supported Matt, and I think that I can speak for the board, we're looking forward to working with you. And also I want to share with you, Matt was my Bible school teacher about 10 years ago in one of the classes, so we're going to be learning together, working together, through the public process, so I'm looking forward to it. MR. HUDSON: Me, too. CHAIRMAN COLETTA: Amazing, because Matt looks so much younger than you. COMMISSIONER HENNING: Well-- yeah. It's a perception-- it's a perception issue. COMMISSIONER FIALA: Wait till he's held the office for another year. It ages you quickly. CHAIRMAN COLETTA: Let's watch him age. MR. HUDSON: Thank you very much. CHAIRMAN COLETTA: Thank you, sir. Okay. Mr. Mudd? Item #9B RESOLUTION 2007-334: APPOINTING BRUCE R. FORMAN TO THE V ANDERBIL T BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED Page 81 November 27, 2007 MR. MUDD: Commissioner, that brings to us 9B, which is appointment of a member to the Vanderbilt Beach Beautification MSTU Advisory Committee. COMMISSIONER HENNING: I move to approve Bruce Forman. COMMISSIONER HALAS: I second that. CHAIRMAN COLETTA: Motion by Commissioner Henning for approval of the committee's recommendation and seconded by Commissioner Halas. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #9C RESOLUTION 2007-335: APPOINTING GERALD J. LEFEBVRE TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED COMMISSIONER HENNING: Move to approve Gerald Lefebvre for 9C, appointment to the Collier County Code Enforcement Board. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Page 82 November 27,2007 Henning and a second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #9D RESOLUTION 2007-336: APPOINTING FRED N. THOMAS, JR. (W/W AIVER TO SERVE ON ADDITIONAL BOARDS) TO THE AFFORDABLE HOUSING COMMISSION - ADOPTED COMMISSIONER HENNING: Move to approve 9D, appointment, Affordable Housing Commission, Fred Thomas, Thompson, Thomas. CHAIRMAN COLETTA: Second. Motion by Commissioner Henning, second by Commissioner Coletta. MS. FILSON: Mr. Chairman? COMMISSIONER HENNING: And waive the requirements for the blah-blah-blah. MS. FILSON: But I also have one more comment on this particular committee, if it's okay. On October 23rd you made appointments to this committee, and at that time the committee had recommended to appoint Christine Hatsoy Jones (phonetic), and I Page 83 November 27,2007 didn't have her on the executive summary, but the bored agreed to appoint her. I should have done extensive checking before I brought this to your attention. Although she resides in District 4, she wasn't within the City of Naples district, so they wish to appoint their own person within the City of Naples. So we talked to her. She's okay with this, and we're going to hold her resume in abeyance for another opening. But I wanted to bring that to your attention. CHAIRMAN COLETTA: Okay. And the second agrees with Commissioner Henning's waiving of the, what is it, three county -- or three committee rule? MS. FILSON: Yes, two. COMMISSIONER COYLE: Ordinance 2001-155, yes. CHAIRMAN COLETTA: With that, any discussion? COMMISSIONER FIALA: Being that he serves on 17 now or something like that. CHAIRMAN COLETTA: Yeah, something like that. He's a very important commodity for Collier County, that's for sure. MS. FILSON: He currently serves on four boards. This will make five. CHAIRMAN COLETTA: Yeah. I don't think he has any personal life, but that's another issue. 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. CHAIRMAN COLETTA: Opposed? Page 84 November 27, 2007 (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #9E RESOLUTION 2007-337: APPOINTING GARY DANTINI TO THE IMMOKALEE EZDA - ADOPTED MR. MUDD: Next item is 9E, appointment of a member to the Immokalee EZDA. COMMISSIONER HENNING: I have a question on this one. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, it says, Michelle Arnold advised that Gary Dantini, Enforcement Employee, will replace Carol Sykora. Do we really need to make an appointment then? MS. FILSON: Well, in the ordinance it states that one of the members will represent code enforcement, so she usually makes the recommendation since they're her employees. COMMISSIONER HENNING: Okay. MS. FILSON: So we confirm the appointment for a set term, yes. COMMISSIONER HENNING: So it's just the way this is written is -- okay. I make a motion that we approve Gary Dantini. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by -- sorry. Go ahead, Commissioner Henning. Your motion, we understand. Thank you. And second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. Page 85 November 27, 2007 COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #10P THE BOARD OF COUNTY COMMISSIONERS EV ALUA TE AND CONSIDER EACH OPTION PRESENTED WITH RESPECT TO INCLUDING LESS THAN FIVE ACRE ILLEGAL RURAL FRINGE MIXED USE DISTRICT (RFMUD) SENDING LAND PROPERTIES INTO THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM FOR THE PURPOSES OF PROGRAMMATIC PARTICIPATION RELATIVE TO TDR SEVERANCE - MOTION TO HA VE CCPC REVIEW OPTION 3 AND FORWARD THEIR RECOMMENDATIONS TO THE BCC- APPROVED MR. MUDD: Commissioner, that brings us to item lOP, and this is a recommendation that the Board of County Commissioners evaluate and consider each option presented with respect to including less than five-acre illegal rural fringe mixed-use, RFMUD, sending land properties into the transfer of the development rights program for the purposes of programmatic participation relative to TDR severance. Mr. Joe Thompson, Planner, Comprehensive Planner, Community Development's Environmental Services Division, will present. MR. THOMPSON: Good morning, Commissioners. For the record, Joe Thompson, Comprehensive Planning. Page 86 November 27, 2007 Could we get this on? MR. MUDD: I'll help you. There you go. MR. THOMPSON: Just to give you a very brief refresher on this issue, this came before you via public petition on your September 11 th meeting from a private property owner who has what we qualify as an illegal lot in the sending land. He came in for TDR severance, trying to be eligible for that. We actually denied the property when it came in as that application. Subsequent to that meeting, staff came back on October 9th to address the issue with a recommendation to continually prohibit illegal lots with respect to TDR severance eligibility. And from that, the board issued a directive to come back after some research was conducted in conjunction with coming back with options as it would relate to potentially including some of these illegal lots in the TDR program, so that's what I have for you today. Again, the board direction was that we were going to analyze the sending land with respect to less than five-acre properties to do legal nonconforming lot analysis which would determine which properties were, in fact, what we would deem illegal, properties that were created after the underlying zoning standards were in place. The second part of that was, we were going to formulate options, like I referenced. Basically the less than five-acre legal nonconforming lots analysis started with a GIS query of all less than five-acre sending land properties privately owned. What we did is we established two eliminating factors that went hand in hand with that. The first one was that any less than five-acre property that came back after it was cross-referenced with the property appraiser's record as a five-acre property, we eliminated it from the analysis. The second eliminating factor were those properties that have already participated in the TDR program, ones that we've already deemed them to be legal nonconforming, and they were less than five Page 87 November 27, 2007 acres. That was another eliminating factor. So after we applied those two factors to eliminate some properties, we came up with 189 properties to evaluate. The results of the evaluation deemed 126 of the properties to be legal nonconforming, meaning after staffs analysis, we would analyze the property card to establish when it was a created lot of record. 126 of those properties were, in fact, ones that were created prior to the establishment of the agricultural zoning district, which was October 14, 1974, the date that I referenced previously. Fifty-one of the parcels were deemed to be illegal lots, lots that were created after the zoning standards were in place, lots like Mr. Schulze's lot that initially started the public petition process when this issue came to you on the 11 tho Eight parcels were deemed inconclusive, meaning that there wasn't enough information on the property card for staff to make a determination. That doesn't necessarily mean they're not a legal nonconforming property or an illegal lot. In that case it would be incumbent upon the property owner to bring forth evidence, a deed, an agreement for deed to staff for us to evaluate with respect to what that property would be considered. Same goes for four properties that actually did not have a property card at all, and that was when I went down to the property appraiser's and retrieved a property card. So those 12 properties could be illegal lots, they could be legal nonconforming. We don't know at this point, but we have determined that there's 51 out there that are, in fact, illegal lots as staff would deem them to be. Here's a map. Gives you kind of an overview of the rural fringe mixed-use district. You can see the sporadic pattern of the illegal lots that actually exist out there today, the ones that we reference, the 51. There seems to be an aggregation of some illegal lots south of 75. It's actually about 22 properties. I think there's a -- an up-close one here. Page 88 November 27,2007 And you see here, it's just an upclose shot. There's some sporadic properties up in the North Belle Meade area, as well as south of75, too. And here's a sort of north of Immokalee, the sending properties up there. There's a few sporadic ones there as well. Now, like I referenced before in conjunction with doing the analysis, staff was to come back with some options. The board wanted us to present some potential options where we could actually include these illegal lots in the TDR program. Option 1 would essentially allow every illegal lot proportional of a severance, meaning if you had the .34-acre property that we referenced before, you could potentially garner 0.068 base credits from that property. So it's fractional credits is basically what you'd be dealing with. So using the .34-acre property as an example, you could achieve exactly 0.272 TDR credits all together with full TDR utilization. That means you would get your base, your early entry, your environmental restoration of maintenance and your conveyance. So you would have full utilization in the program and you would have fractional severance. Now, there's some advantages and disadvantages associated with this. Advantages would be that the participation circumstances would be consistent for everyone who has a less-than-five-acre illegal lot. You're getting fractional credits, period. That would be the way that you could participate. Obviously the built-in advantage associated with that as well is the full credit utilization, which has the built-in incentive in relation to environmental restoration and maintenance, which is a good thing. Disadvantages associated with this option would most definitely be the fractional credits that would be associated with the severance. Potentially very difficult to market to a developer who would obviously need full credits to redeem for development purposes. Page 89 November 27,2007 In addition to that disadvantage, there's also owners who sever and get the fractional credits can't expect to garner the $25,000 minimum established sale price. Option 2 would essentially allow all illegal lots one base TDR. Regardless of size, if you have an illegal lot, you get one base TDR. There wouldn't be any bonuses applicable in this case. There's some advantages and disadvantages associated with this as well. Again, here, participation circumstances would be consistent. Every illegal lot would get one base credit. Credit fractions aren't an issue with this option, and every lot owner could feasibly, you could argue, they have a marketable TDR. Disadvantage, and this is an important point -- is the potential possibility for individuals to take an existing five-acre property and, say, they're going to spit it into 20 pieces, for example, let's say, 20 .25-acre pieces and say, well, based off of this option, now I have 20 illegal lots, I want to have 20 TDRs as opposed to the four that I was initially eligible for. That's something that we wouldn't want to see and would, you know, unquestionably be a detriment to the TDR program. And if this option is chosen, consideration would have to focus on addressing only those illegal lots that were in existence as of the day the board gives formal policy direction or as of the day that the actual rural fringe mixed-use district was adopted, which would be the 19th of June, 2002. Option 3 would only apply to developable illegal lots. And when I say developable, I'm not talking about zoning, because like we referenced before, these aren't developable per zoning. When I say developable, it would be an illegal lot that you could physically put a house on from a property size and lot configuration perspective is how we would look at this. So an example would be a lO-foot wide lot would not be eligible for TDRs. There are advantages and disadvantages associated with this as Page 90 November 27,2007 well. It would be consistent with the existing program administration as it results to a legal nonconforming lot, severance eligibility. Every legal nonconforming lot that has severed TDRs has been physically developable. And obviously, like I referenced, we're not talking about zoning here. We're talking about the lot size and property configuration perspective. Disadvantage, obviously, being to anyone who has a nondevelopable illegal lot, they would not be eligible for a TDR. Option 4 is the same recommendation that we brought before you previously, which is to uphold the current prohibition ofTDR severance from illegal lots. Advantages and disadvantages associated with this. It would be consistent with the Growth Management Plan, consistent with the Land Development Code zoning standards. And I want to address a point here that was brought up by one of the public speakers at the 9th meeting was that these illegal lots could become impediments to future restoration and maintenance activities within the sending land. And I agree that that's a very good point, but at the same time I think it's reasonable to assert that when these future restoration activities take place, these illegal lots will be targeted for market rate acquisition if they were to become impediments to ecological or hydrological restoration. Disadvantages with this option would obviously be anyone who has an illegal lot that desires TDR credits would see this as a disadvantage. There's an inherent issue here that's associated with the severance ofTDRs from illegal lots. If illegal lots are allowed to sever TDRs, other illegal lot owners countywide could argue for their right to develop based off of the fact that we would recognize development credits for properties that don't have density that's associated with them per our zoning standards. Page 91 November 27,2007 This is another important point I wanted to address. Illegal lot owner notification. Should the board choose an option that would include illegal lots in the TDR program, staff would request that we are allowed to notify the illegal lot property owners previous to the requisite public hearings that would be required, like a Growth Management Plan amendment, subsequent Land Development Code amendments, just to deter any entities or individuals from approaching these illegal lot owners and they wouldn't be fully aware of what their property would be potentially worth from a credit perspective if they were to be eligible. Again, staff recommends option 4. Then an alternative scenario whereby option 4 is not viable, staff would recommend option 3. And again, if you were to go with the one base allocation, we would put that caveat in there with respect to only addressing those illegal lots in existence as of the day you give policy direction or as of the day the rural fringe mixed-use district was actually adopted, which was June 19th, '02. And I actually have a couple -- couple additional items I can address. I've got -- I'd like to use the overhead for this, and this was at the request of Commissioner Henning. This is from the Future Land Use Element, and this is the language that addresses legal nonconforming lots or parcels with respect to severance eligibility. And I'll read it to you verbatim. In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, which is the date of the final order, where such lot or parcel is less than five acres in size, one TDR credit may be severed from said lot or parcel. And I just want to put an additional item up here as well. This is just essentially a clarifying item that just gives you some dates. October 14, 1974, the date that the agricultural zoning district was established, the one dwelling unit per five-acre density; the June 22, 1999, is the date of the final order; and then June 19th, '02 was the Page 92 November 27,2007 adoption date of the rural fringe mixed-use district. And with that, I'll answer any questions. CHAIRMAN COLETTA: Before we go to the questions -- MR. THOMPSON: Sure. CHAIRMAN COLETTA: -- I have three commissioners lined up to ask questions. We've got one speaker -- MS. FILSON: Yes, Mr. Chairman. CHAIRMAN COLETTA: -- that we're going to go to first. MS. FILSON: Would you like me to call him now? CHAIRMAN COLETTA: Would you, please. MS. FILSON: Yes, sir. Jim Schulze. MR. SCHULZE: Over here? CHAIRMAN COLETTA: Whichever one you're comfortable at. MR. SCHULZE: On October 9th we met to discuss the less-than-five-acre tracts in the sending lands of the TDR program. Staff did their homework and discovered that we were only talking about 51 definite parcels or 204 total TDRs. This is a big difference than the 600 potential TDRs we were talking about previously, and I don't believe this will have any impacted to the big picture except creating the hole -- except creating the holes the environmentalists will have to plug up with taxpayers' money in the future. There will be no flooding ofTDRs to the market. Previously we established that these lots were part of a subdivision. They were important pieces to the environmental puzzle to conserve lands for wildlife and water control and any discussion affected numerous people who were not in attendance. First, let's revisit the legal description of a lot of record. Staff has stuck in the 1974 date, but as you can see from the county's own definition, these lots qualify on the other two definitions of a lot of record. These lots only need to qualify for one definition. These lots are part of a subdivision and they were established prior to 1999, the year the LDC was adopted. These are legal nonconforming lots. Page 93 November 27,2007 From our last meeting we established that the county was willing and, in fact, did give TDRs to parcels that were not physically buildable. The physical shape and size of a lot does not define the ability to sever TDRs, and the county has set that precedent by severing TDRs on lots that could not be physically built on. We have determined that these lots are legally buildable by the permitted uses allowed by the LDC in the sending lands. Any lot smaller than 40 acres and created prior to 1999 in the sending lands can be built on. There is no mention of legal or nonlegal, nonconforming lots. Due to a small number of affected lots, the lot of record definition giving us legal status, the fact that the county has already allowed physically non-buildable lots to sever TDRs, the fact that the new LDC gives us the right to build on these lots and the detrimental effect that these holes will have on the environment, I ask that you recognize these lots as legal lots, give us the right to sever TDRs and donate the land to conservation. I would also ask the commission to recognize that there are 50 other lot owners out there that don't even know about this process, and they will be detrimentally affected financially by this if you do not allow us to the same rights as our neighbors. Thank you. CHAIRMAN COLETTA: Thank you. Okay. Commissioner Fiala, you're first, then Commissioner Halas, then Commissioner Henning -- excuse me, Commissioner Coyle, then Commissioner Henning. COMMISSIONER FIALA: Yes. We're going to go about fixing that today and -- so that we won't have this problem any longer. And I feel that those lots that do not fall into this range can always be donated to Conservation Collier and the -- and taken off of your income tax. So, you know, there are ways to deal with some of that stuff. Personally, I liked a combination of option I and 3. I liked -- I Page 94 November 27,2007 liked 3, but -- and I liked 1. One should have added though, a developable lot, not just -- not just any lot, but a developable lot, and then they would get credits -- fractional credits for that. And I figured if you could combine 1 and 3 together, you'd get a pretty fair conclusion so that you would only permit developable illegal lots TDR severance capability, and then you would pay them proportionately or fractionally, depending on what they had. And so that would be my selection. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Coyle. COMMISSIONER COYLE: Yeah, I need to get an understanding, a legal interpretation of the speaker's contention that we have already given undevelopable property the right to sever TDRs. Can somebody address that issue for me? MR. KLATZKOW: My understanding from conversations with Joe is we've never done that. MR. THOMPSON: Exactly right. COMMISSIONER COYLE: So -- all right. Then let me make two observations. Number one, I don't know of any reason why a piece of property that is not developable should be entitled to a TDR. If it's not developable, then what are we trying to do here? COMMISSIONER FIALA: Transfer of development rights. COMMISSIONER COYLE: If there's no development that can take place there, then there's no transfer that can be taken. Secondly, it is illogical to me that someone should be able to claim a $25,000 TDR if they own a quarter or a third of an acre. You know, that makes no sense to me. The -- and so I will support Commissioner Fiala's recommendation concerning option 3. Option 3 really is a combination of I and 3, because it gives the option. In option 3 it says that the TDR credit allocation rate for subject developable illegal-like lots could be proportional. So if we add -- I mean, if we accept that option under option 3, Page 95 November 27, 2007 that the credit allocation will be proportional and it will only be a developable lot, I would support that. I think that is a reasonable thing to do. And do we -- are there any potential legal pitfalls in doing that? MR. KLATZKOW: No. We'll probably have to look into amending the LDC, perhaps even the Comprehensive Plan, I don't know. But we can get you there, clearly, if that's what the board wants. COMMISSIONER COYLE: Well, these lots were created before the rural fringe program was -- MR. THOMPSON: That's correct, right. COMMISSIONER COYLE: -- established, right? MR. THOMPSON: Right. COMMISSIONER COYLE: So I think we've got to take that into consideration somehow. But I draw the line where it's clearly not a developable lot. Why give it a TDR? I will also say to you that I believe that the cutoff date for these should be the date that the -- that the program was established in June, 19 2000-- , MR. THOMPSON: 2002. COMMISSIONER COYLE: -- 2, correct. So I would -- I would add both of those things to option 3 and suggest approval, along with Commissioner Fiala. COMMISSIONER FIALA: Let me just comment on that, as long as you're commenting on mine. CHAIRMAN COLETTA: Is yours a motion though? I mean, he's -- COMMISSIONER FIALA: I will make it into a motion. The thing I didn't like about option 3 was it was based on one credit. COMMISSIONER COYLE: No, no. COMMISSIONER FIALA: It could be proportional. I just wanted to make sure -- COMMISSIONER COYLE: Was proportional. Page 96 November 27,2007 COMMISSIONER FIALA: -- It was proportional. COMMISSIONER COYLE: Yeah, absolutely. COMMISSIONER FIALA: Okay, fine. Then I would make that motion. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: That we accept option 3, because that would really encompass everything. As long as it's developable and they only got a portion of the credit -- COMMISSIONER COYLE: Portion. COMMISSIONER FIALA: -- depending on the size of their property . COMMISSIONER COYLE: And the cutoff was June 19,2002. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. That's your second? COMMISSIONER COYLE: That's my second. CHAIRMAN COLETTA: Let's go to Commissioner Henning, then I am going to take an opportunity to speak. COMMISSIONER HENNING: Wasn't we given an example last time we heard this? There was at least one lot, I think, that had two roads, intersected two roads, and by the time you applied the setbacks, you couldn't build on it, you couldn't develop it? MR. THOMPSON: I don't know where that lot came from. That was put up by the initial public petitioner, Mr. Schulze. I don't know if that lot is not confirmed to be one we've severed TDR credits from. It's just a picture of a piece of property. I don't know what the folio number was. I'm not familiar with the property on the specificity aspect. MR. SCHULZE: I could clear that up. COMMISSIONER HENNING: Yeah. I think that we need to verify that, because we'd be inconsistent if we say developable lots. CHAIRMAN COLETTA: No. This is a question that is addressed to the attorney. Page 97 November 27,2007 MR. KLATZKOW: Again, my understanding is that we've never issued TDRs for a lot that was not developable. But from a factual standpoint, if that is true or not, I've got to rely on staff. And if we did let one slip through the cracks, I don't know what to tell you. COMMISSIONER HENNING: Yeah, but it only takes that one crack slip. MR. KLATZKOW: Yeah, that's true. COMMISSIONER HENNING: You know, so -- so can we -- can we verify that? MR. KLATZKOW: Absolutely. COMMISSIONER HENNING: Can we take this gentleman's information, because if that's the case that -- kind of have to change our stance. The other thing I want you to be aware of -- that it is a concern of mine, Nancy Payton brought it up -- is about people, you know, creating the Swiss cheese factor of these illegal lots out there and the ability to still do activity on these lots that would circumvent the purpose of the sending lands if we allowed that, and then have to give them access to it, also, their property. So that's where I'm at. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And if! can -- we'll come right to you, SIr. Commissioner, I can tell you I agree with you. There's another issue. We keep saying development, you know, what kind of development rights are we taking away from them and that there's no development rights. I disagree. There is. They have the right to be able to clear their land for grazing. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: They have the right to be able to use their land several different ways that would be very detrimental to the environment that would not help. We already have Hussey who just recently lost out on an issue Page 98 November 27,2007 before us for earth mining doing serious cleaning -- clearing of his land. Nothing is served by these types of practices. So by giving them another avenue to be able to cash in -- that's why I'd be very supportive of an increment TDR. In other words, if it's one-eighth of an acre, they get one-eighth of a -- less than -- no, TDR's based on five acres. So it would five, and then one-eighth of that, divided by -- 20 percent divided by one-eighth. It would be a small amount of money, but still, some cases where they picked up the land on a tax sale, this is their way to be able to bailout. I also agree with Commissioner Fiala about the ability of people to be able to donate this land to Conservation Collier if Conservation Collier wants to take on the responsibility of small increment lots throughout the whole of the -- the stewardship area. I don't know if they would or they wouldn't. It might be an item that they're not interested in. So as the motion is presently stated and seconded, I can't support it. And with that, let's go to Commissioner Halas, then back to Commissioner Coyle, then Commissioner Fiala. COMMISSIONER HALAS: Thank you, Chairman. CHAIRMAN COLETTA: I think I got it right. COMMISSIONER HALAS: I have some concerns because there was an awful lot of stakeholders that sat down and worked through the rural land stewardship area in regards to how we were going to address TDRs. And I believe that there was a -- many, many discussions on this. And my feeling is, right now we have the rural land stewardship study group together, and maybe this is one of the issues they need to address. As far as for me, I feel that where we are today, I can't support any of these except option 4. That there was -- ended up as -- I don't Page 99 November 27,2007 know if you were here at the time, but there was an awful lot of head bashing, there was a lot of people sitting at the table trying to come up with an idea of how we were going to address this. And it may not be perfect, but I think it's a lot better than where we're going at the present time. So I'm in favor of option 4, but obviously we'll just wait and see how this all transpires. CHAIRMAN COLETTA: Yeah. Commissioner Halas, if I may interrupt. If you were -- if this motion does fail and you were for sending it back, making a motion to send it back to the committee that just formed, I'd be very supportive of that. I think that was a wonderful suggestion on your part. Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: Yeah. I would be willing to support that too. I was looking for a solution that wouldn't have a major impact on anybody, it would be fair, but it wouldn't undermine or gut the program. But any program which gives somebody a 25,000 TDR for a $995 lot is really off balance and it's unfair to the people who are looking for purchasers ofTDRs because what will happen is these people will start cutting the price. All of a sudden it will go to $10,000 maybe. CHAIRMAN COLETTA: Well, it can't. COMMISSIONER COYLE: Maybe. If nobody's buying them, the floor's going to drop. But in any event, I don't understand Commissioner Coletta's objection to 3 because -- based upon what I understood the chairman to say, option 3 does exactly what you said. So I don't understand why you would oppose it. But nevertheless, I would like to address the comment that if we sold or if we granted TDR credits to a property that was not buildable that we would have to change our position on this. I disagree with that. Page 100 November 27,2007 If we made a mistake in the past in something, that does not determine our future policy. We must establish policy and we must establish policy based upon what we believe is right, not based upon a single isolated mistake that might have been made in the past. So I will go either with 3 as we have stated it. If that fails, I will be happy to leave it the way it is and let it be worked out later on. CHAIRMAN COLETTA: When you say worked out later on, you mean by the reform committee? COMMISSIONER COYLE: By the reform committee. I don't have a problem with either one. CHAIRMAN COLETTA: Let's go back to Commissioner Fiala. COMMISSIONER FIALA: Well, he just said everything I wanted -- I would say as well. That's what we're doing here today is trying to correct anything that might have gone on before. We don't let it set our policy. And I would -- I would be agreeable to letting it go to a committee and coming up with -- so I'll withdraw my motion. I'll be -- CHAIRMAN COLETTA: You want to just make a new motion? COMMISSIONER FIALA: -- happy to let them spend the time that they want. That's what we look to our advisory committees for anyway. CHAIRMAN COLETTA: Absolutely. I'll second your restated motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: And I'll make a new motion. CHAIRMAN COLETTA: Well, we already did. Commissioner Fiala made the motion. COMMISSIONER HALAS: Oh. CHAIRMAN COLETTA: Commissioner Coletta, which is me, seconded it. And it's just the one you were going to make, but we beat you to the punch. COMMISSIONER HALAS: I guess you did. Page 10 1 November 27,2007 MR. THOMPSON: Commissioners, if! could clarify for one moment. I apologize to interrupt. The committee that Commissioner Halas is referencing is for the rural land stewardship area, not for the rural fringe mixed-use district. So it would not be the correct committee to go to. It's a completely different land use program. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: All right. Well, is there another committee that you would recommend, like possibly the Planning Commission? MR. SCHMITT: Can I give a recommendation? For the record, Joe Schmitt. This has to go through the GMP amendment process possibly, at a minimum it will go through the LDC amendment process. That will be the public vetting. Certainly we're going to meet with the -- in that process, we go to the EAC, we go to the Planning Commission, we go to others. If you give us direction, we'll take a couple of options and we'll go through that process. We'll take two or three options and we'll work it through that process, if you want to work that way. CHAIRMAN COLETTA: Okay. Commissioner Coyle, you got something that's -- COMMISSIONER COYLE: Yeah. I'm not interested in having staff go to somebody and go through these options. If you want to go through -- go to a group and consider option 3 and have them give us input on that, that would be fine. But if somebody came back with one of the other options, I wouldn't accept it no matter who approved it. So I don't know why we want to waste our time doing that. So where are we? We're back to Commissioner Fiala's original-- MR. THOMPSON: I believe it was option 3, it was only developable lots. It would be fractional TDR severance, and the cutoff date would be June 19,2002, which is the adoption date of the rural -- COMMISSIONER COYLE: Are you willing to reinstitute that Page 102 November 27,2007 motion, Commissioner Fiala? We can say to them if -- well, we're going to go through the public process anyway, so we'll get public input. If we want to modify it during that process, that's fine. COMMISSIONER FIALA: You know what, I would love to have the Planning Commission address it. I think that would be a great idea. That would be the committee. If we had anybody address it, they would do it. And when they -- when they get into it, they really clean it up well -- and then give us a recommendation back. So that would be the committee that I would recommend in the second motion. CHAIRMAN COLETTA: Restated motion. COMMISSIONER FIALA: Restated motion, thank you. CHAIRMAN COLETTA: And I accept your change to that motion. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Fiala. Do you have something else to add or -- COMMISSIONER FIALA: No. That was it. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. Let's -- I think you can view the Growth Management Plan language of, nonconforming is illegal nonconforming also, but that's a choice. You just need to clarify it in the Land Development Code. It is nonconforming for a particular reason. MR. THOMPSON: Are you referencing the legal nonconforming in the Future Land Use Element section? COMMISSIONER HENNING: Correct. MR. THOMPSON: Okay. And you're saying there needs to be clarification there? COMMISSIONER HENNING: You clarified it in the Land Development Code, you know, saying that, you know, that includes these lots. Page 103 November 27,2007 MR. THOMPSON: Sure. Land Development Code amendments rather than Growth Management Plan amendment is -- COMMISSIONER HENNING: Correct, because that is just so time consuming, GMP amendment, and we can just, you know, clarify it in the Land Development Code. CHAIRMAN COLETTA: Well, the Planning Commission can take that into consideration. COMMISSIONER HENNING: They're going to give us some great guidance, so I have all the confidence in the process and the motion. Very good, thank you. COMMISSIONER FIALA: Thanks. CHAIRMAN COLETTA: Okay, fine. MR. THOMPSON: Just a clarification. CHAIRMAN COLETTA: With that, any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it. Thank you very much. I appreciate everybody's input on that. We're going to break now for lunch. MR. MUDD: Before you go, I just want to -- CHAIRMAN COLETTA: Okay. One more thing. MR. MUDD: I just want to make sure I understand the motion. The motion is to take this action as it stands right now and have it be heard by the Planning Commission. Page 104 November 27,2007 CHAIRMAN COLETTA: Right, vet it at the Planning Commission and get their recommendations. COMMISSIONER HENNING: Not, it's not all the options, right? It's just the option 3? COMMISSIONER FIALA: Option 3. MR. THOMPSON: Option 3, the developable lots, Land Development Code amendment. Thanks. COMMISSIONER FIALA: Yes, that's -- MR. MUDD: Thank you. That's the guidance I need to have, thank you. COMMISSIONER FIALA: Thank you. Thanks for asking for that. CHAIRMAN COLETTA: We'll reconvene at a quarter after 1. (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. The next item on our agenda, Commissioners -- if you remember correctly, 8A was continued till the 11th of item. That was on the change sheet. The board voted on that particular issue this morning. Item #8B RESOLUTION 2007-338: PETITION CU-2007-AR-11970, AMERICAN DREAM BUILDERS, REPRESENTED BY JAMES MCCORD, IS REQUESTING A CONDITIONAL USE FOR THE EXTENSION OF A MODEL HOME/SALES CENTER, WHICH HAS BEEN IN EXISTENCE SINCE 1997. THE SUBJECT PROPERTY IS LOCATED IN GOLDEN GATE ESTATES ON TRACT 119, IN UNIT 26, AT THE SOUTHWEST CORNER OF 13TH AVE SW AND COLLIER BOULEVARD (CR 951), SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, Page 105 November 27, 2007 COLLIER COUNTY, FLORIDA - ADOPTED; STAFF GIVEN DIRECTION TO BRING BACK TO FUTURE GMP AND LDC FOR AMENDMENTS REGARDING MODEL HOMES That brings us to 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition CU-2007-AR-11970, American Dream Builders represented by James McCord is requesting a conditional use extension for a motor home/sales center which has been in existence since 1997. The subject property is located in Golden Gate Estates on Tract 119 in Unit 26 on the southwest corner of 13th Avenue Southwest and Collier Boulevard, County Road 951, Section 15, Township 49 south, Range 26 east, Collier County, Florida. CHAIRMAN COLETTA: Yes. Would all those wishing to participate stand at this time and be sworn in. (The speakers were duly sworn.) CHAIRMAN COLETTA: And disclosure on the part of the commissioners. Let's start with Commissioner Coyle. COMMISSIONER COYLE: Very well. With respect to item -- CHAIRMAN COLETTA: 8B. COMMISSIONER COYLE: -- 8B, I have no disclosures. And with respect to item 8C, I have had meetings with Bruce Anderson and Jeff Perry, I've reviewed correspondence with the staff, and I've also received correspondence concerning this item. CHAIRMAN COLETTA: Well, that's been a long lunch, hasn't it. Thank you, sir. We appreciate that full disclosure. Okay. In case we forgot, we'll probably ask you again when we come to 8C. Commissioner Halas? COMMISSIONER HALAS: Thank you, Chairman. Under item 8B, I have no disclosures at this time. CHAIRMAN COLETTA: Okay. 8B, I have disclosures. I've Page 106 November 27,2007 had a meeting, correspondence, emails, and phone calls. And Commissioner Fiala? COMMISSIONER FIALA: I have no disclosures and I would like to thank you for entertaining us today. CHAIRMAN COLETTA: Well, thank you. It's not a hard job to do. I find that it's very easy to entertain commissioners. And just to prove it, we're going to go to Commissioner Henning. COMMISSIONER HENNING: Thank you. I met with Mr. McCord months ago on this issue. CHAIRMAN COLETTA: Great. And with that-- MR. MUDD: Mr. McCord? MR. McCORD: Good afternoon. MR. MUDD: State your name. MR. McCORD: James McCord with American Dream Builders. I just have a real quick statement. This is our 11 th year in business, and renewal costs have been increasing at an alarming rate. The direct fees that we pay the county are a very small portion of the renewal costs. We need to help with some of the regulatory costs. Just for the -- this past year and the next two previous (sic) years, my operational permit is going to cost me over $60,000. That's $20,000 a year. In my opinion, that's a little excessive for just a permit to open up a model and try to sell homes. It's what I'd like to do is -- what I'd like to ask you, if you would try to see if we can streamline the process. Right now, where I am today, it took me 11 months to get here. I think that's a little long. It shouldn't take that long to get here. Businesses should not have to fight this hard for the opportunity just to stay open. And I personally believe an existing model without any changes does not have any additional impact just because a temporary use permit has expired and a new one has to be applied for. I'm not suggesting that this process should be free, but it should be equitable. The costs that have been growing and growing are Page 107 November 27, 2007 slowly driving nongovernmental affordable housing from Collier County. Please help. CHAIRMAN COLETTA: Fine. MR. McCORD: That's all I have. CHAIRMAN COLETTA: Well, I think you've said a lot, and I see where the Planning Commission was in agreement with you. Our staff isn't, but the Planning Commission is. And it's something that I've watched for years. I've had zero complaints from the residents in my area regarding the model homes. You maintain them in better shape than the residents that live there, for obvious reasons; you're trying to sell the product. If we make you move from where you are, you have to rebuild another model home in another location and it serves no purpose, and especially at a time when the market is depressed the way it is, trying to find a buyer for a home that's on a main thoroughfare where model homes should be, and they are, it's extremely difficult. So I make a motion for approval based upon the Planning Commission's recommendation, and anything that we can do to shorten the process in the future, I'm all for it. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: And Commissioner Henning? We have a motion by myself, Commissioner Coletta, and a second by Commissioner Fiala, for planning -- Planning Commission's recommendations. Commissioner Henning? COMMISSIONER HENNING: How long is the extension for, just for clarification? MR. McCORD: Two years. CHAIRMAN COLETTA: Actually we're kind of -- I'm kind of hoping with the LDC changes coming forward, that we might be able to address that in a time period that will be for five years or longer, and then make the process even simpler if we can. So it's something Page 108 November 27,2007 that would be on the consent agenda in the future. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: My own thoughts, Commissioner Henning. Any way you'd like to add to the motion would be most appreciated. COMMISSIONER HENNING: No. I -- you know, I agree with your statements. It is an appropriate place for it, and there hasn't been any complaints from your neighboring -- my constituents and to -- I think Mark Strain put it into perspective to proliferate these temporary use model homes in other areas of Golden Gate Estates really wouldn't be serving the residents. So two years it is, and we'll see what the n where the LDC amendment goes. CHAIRMAN COLETTA: Okay. Commissioner Fiala, and then Commissioner Coyle. COMMISSIONER FIALA: Yep. I was going to say most of everything you said. One of the things that I think that's so nice with mobile -- I mean, model homes. Why did I say mobile -- model homes is, they keep them so nice and, of course, that's what you see when you're riding down the road, and I don't think residential homes would really want to be located there. It seems to be more of a place for business and for model homes. They always look nice and they're -- so I just am in full agreement and I agree maybe it should be extended to more years than that. It's a terrible amount of money to be paying, so -- CHAIRMAN COLETTA: Agreed. Commissioner Coyle and Commissioner Halas. COMMISSIONER COYLE: Mr. McCord, can you give us a little more specific information about why it has taken you 11 months to get to this point, and why do you have to pay $20,000 to get an extension for a model home? MR. McCORD: Well, there are regulations in the -- built into the code. The fees that we pay directly to the county are only about Page 109 November 27,2007 $3,000 to $3,500. But I had to get a traffic impact study, which doesn't make any sense to me for a house that's been finished for 10 years. I had to get a survey that showed vegetation, including sprinkler heads. I had to agree to put in an extra sidewalk, I had to agree to pay for the sidewalk to be moved when 951 gets extended. Representation, if I chose representation, is as little as 8,000, could be as much as 20,000. Thank goodness, where we are in the economy, I can take care of representing myself. I have to remove the exotics yearly. And those are the main costs right there. COMMISSIONER COYLE: And all you were asking for is an extension? MR. McCORD: All I was asking for. COMMISSIONER COYLE: And you've been there 10 years? MR. McCORD: We're working on 11 years right now. COMMISSIONER COYLE: Okay. MR. McCORD: The county's hands right -- or the staffs hands are tied right now the way the code's written. We have to go through the whole process as if it's a brand new home, and it doesn't seem to make much sense. COMMISSIONER COYLE: Yeah. MR. McCORD: It's not a valuable use of staffs time. COMMISSIONER COYLE: Yeah, I agree. Is staff working on a -- an improvement to this, or do they need direction from the board? MR. McCORD: I believe they need direction. MR. MUDD: Come on, Susan. Help us. I believe this came up once before when Brenda Talbert came in front of the Board of County Commissioners at the podium and talked about a specific issue. I believe the board gave us the direction at that time. MS. ISTENES: That's correct, yeah. Susan Istenes, Zoning Director. Brenda did come before you. I believe it was a public petition, I think a couple months ago, and you did give us direction to Page 110 November 27,2007 look at this and, as well, it looks like you're going to approve this today, and we're also going to take that as further direction. Weare going to have to do a GMP amendment and an LDC amendment, however. That's part of the reason -- COMMISSIONER COYLE: So this won't be solved until sometime next year. MS. ISTENES: Yes, Commissioner. COMMISSIONER COYLE: Do we have any other model homes that need extensions? MS. ISTENES: Sure, because of the limited time frame. COMMISSIONER COYLE: Can we waive these requirements? Can the board waive these requirements? MS. ISTENES: I'd have to look to the County Attorney's Office to see how they could help you do what you want. MR. KLATZKOW: I think you can, sir. I think we all understand where we're headed on this one, and we're going to be removing the requirements as they come back. We'll be amending the GMP, we'll be amending the LDC. And I'm not sure there's any need for anybody to go through an II-month process and spend $20,000 just to get five people to say yes. COMMISSIONER COYLE: I agree, yeah. MS. ISTENES: Part of the reason it took a while is because there was a lot of staff debate about how to apply both the GMP and code, and that -- and Mr. McCord is really -- we kind of told him he was the guinea pig to come through the process because of staff debate, so -- COMMISSIONER COYLE: Congratulations. I'm sure you appreciate that. MS. ISTENES: And it looks like he's coming through pretty well, so -- but that's part of the reason it did take a long time to get through. COMMISSIONER COYLE: Okay. Well, I don't know what's going to happen when the next person walks in. That's my only-- Page 111 November 27,2007 only concern. Is there anything that we as a board can do today that would solve the problem for the next person who has to come in for an approval extension? Can we say to the staff, don't require a traffic impact statement? I mean -- you know, it's there. It should be built into the impact -- or the background traffic projection already. MR. KLATZKOW: You can direct staff to hold everything in abeyance. COMMISSIONER COYLE: Until that time? MR. KLATZKOW: Until the time comes where we bring it back to you for the GMP amendment and the LDC amendment. If at that point in time you agree to amend the GMP and the LDC, then I think we could be done. COMMISSIONER COYLE: Okay. Then -- but here's what's going on happen. Let me see if this will work. Another developer's going to come in and say they want to have an extension. Now, if they're told to hold -- the staff is told to hold these in abeyance, that means they're not going to get an extension, I would presume, because they're not going to require these things to be done, so the staff can't review anything. Can we get those people immediately before the board and we can just approve their extension? Would that be violating any ordinances? MR. KLATZKOW: I kind of like the-- MR. MUDD: You'd be violating your GMP and your Land Development Code. COMMISSIONER COYLE: Oh, who cares about those? MR. MUDD: Commissioner, this is -- this is a dicey issue and it happened -- when the Golden Gate Area Master Plan got approved, they didn't -- they wanted a time limit for the model homes. They wanted them to move along. They didn't want them to be there forever, and that's the reason you've got a Growth Management Plan change that you need to make. Nobody looked at the unintended consequences of a slowdown in Page 112 November 27,2007 the economy and other things, so -- COMMISSIONER COYLE: But that doesn't -- that doesn't make any difference. MR. MUDD: I agree. COMMISSIONER COYLE: Okay? MR. MUDD: You could tell staff, if you're going to get a conditional use request for an extension, two-year extension, okay, to -- don't do the traffic study, waive it. You could tell us -- you could tell us on the exotic issues to basically get it so it's bare bones so it moves to the Planning Commission, use this particular meeting as a reference as far as what you want to do, and I believe we can shorten the process, okay. But it would at least be publicly vetted in the Planning Commission and then publicly vetted back to you, to the board, in order to do that. The other thing that Jeff was talking about was to tell us to hold the present situation. If someone comes in for an extension, you tell them that their -- they can still operate, okay, and based on your determination of your Land Development Code and your Growth Management Plan, whatever you decide at that time, if you say it's extended to five years, then staff will take -- when they got the last one. COMMISSIONER COYLE: You're going to toll the expiration date. MR. MUDD: Yes, sir. COMMISSIONER COYLE: If that's part of the motion-- CHAIRMAN COLETTA: Part of the motion. COMMISSIONER COYLE: -- I would be happy to support it. CHAIRMAN COLETTA: Part of the motion, part of the second, too? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Part of the second, too. Page 113 November 27,2007 CHAIRMAN FIALA: That's an excellent suggestion. CHAIRMAN COLETTA: Okay, very good. Great. Commissioner Henning? COMMISSIONER HENNING: I'm okay. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Just for my own knowledge back here, what's the life expectancy of a model home? MR. McCORD: To this day we have not moved out of a model home that we've opened. Until I stop selling them. I sell affordable homes, and our budgets are very tight. The only way we can get the traffic we need to get, have to put our models on high traffic roads where there's lots of volume and lots of people going by. And as long as we keep the houses up and we update them to keep up with the current times, I don't see any end. Because we're not building a custom home. Like I said, it's an affordable house. COMMISSIONER HALAS: By affordable, what's the price range? MR. McCORD: It starts at 145- including lot. COMMISSIONER HALAS: Including lot? MR. McCORD: Including lot. COMMISSIONER FIALA: Wow. CHAIRMAN COLETTA: That's amazing. COMMISSIONER HALAS: So when you say you do updates in the home, I assume then the cabinetry and all the little appertinents inside the home, as things change, you just continually update? MR. McCORD: That's correct. COMMISSIONER HALAS: But as far as the changing window or design of the roof and anything like that, that remains the same? MR. McCORD: That remains the same. The biggest update we did two years ago, we changed our elevation. We added some stucco bands and changed a column, minor. COMMISSIONER HALAS: Okay. I just wanted to know what Page 114 November 27,2007 the life expectancy of a model home was. Because normally when I am associated with model homes, it's like a subdivision. It's put there, and then after all the homes are sold, that's it, and the model home, it's -- the developer starts someplace else. He builds another model home that may be updated with the latest upgrades that are available. MR. McCORD: Correct. And that makes sense in subdivisions. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: If! may, I can tell you that every commissioner up here is pro affordable housing and they believe in home ownership. 145- did you say? MR. McCORD: 145- including land. CHAIRMAN COLETTA: $145,000 including the land, and you can build a home like the model. And your model's located right on 951 -- MR. McCORD: 951 and 13th. CHAIRMAN COLETTA: 951 and 13th Street. MR. McCORD: Southwest. CHAIRMAN COLETTA: Just wanted to make sure I knew where the location was. MR. McCORD: Yeah. One note on affordability -- and I know you guys are going to talk about impact fees later. If you take property (sic) away from my most affordable home, my impact fees are 21 percent of the cost of the house. That's something to please keep in mind. CHAIRMAN COLETTA: Yeah. I'm sure we keep that in mind at all times. Thank you for that. Commissioner Halas, before you. We'll come back to you, Commissioner Coyle. COMMISSIONER HALAS: What's land going for right now, an acre of land, acre and a quarter? MR. McCORD: Mid to upper 30's. COMMISSIONER HALAS: Mid to upper 30's, okay. CHAIRMAN COLETTA: Okay. Commissioner Coyle. Page 115 November 27,2007 COMMISSIONER COYLE: You understand that an impact fee can be deferred for model home -- I mean, for an affordable home, don't you? MR. McCORD: To my knowledge, the only way is through SHIP, isn't it? Is that the only way you can do it is through SHIP funds? CHAIRMAN COLETTA: No. COMMISSIONER COYLE: No. You need to find out about the deferral. So if you feel that's causing you a problem, investigate the deferral program and see if you can't get some relief there. MR. McCORD: Okay, I will. COMMISSIONER COYLE: I mean, we do that. We approve 10 or 12 every time we sit here at this dais. MR. MUDD: You might do 13 today. COMMISSIONER COYLE: Might do 13 today. So be sure to get your -- get some information concerning that. MR. McCORD: Okay. I'm not familiar with that. Thank you. CHAIRMAN COLETTA: Good work, Commissioner Coyle, pointing that out and -- because we could make it even more affordable. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: In other words, this -- people could buy a home, 145-, if they qualifY by the income range, they could have the impact fees deferred, which would make it even more affordable, 145- less, what is it, 26,000 now? COMMISSIONER HALAS: Thirty thou -- well -- CHAIRMAN COLETTA: That's unbelievable. You could sell the house for it. I don't know how you do it. People will be paying attention. I wouldn't be surprised if you get a number of phone calls. MR. McCORD: Hopefully we do. CHAIRMAN COLETTA: With that, we have covered this issue quite well. Any questions from anyone? Any other comments? Page 116 November 27,2007 (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-1 (sic). Thank you so much for staying with it and bringing it to a successful conclusion. COMMISSIONER FIALA: I'm going to come take a look. MS. FILSON: 5-0. MR. MUDD: 5-0, sir. CHAIRMAN COLETTA: 5-0, I'm sorry. Correction, 5-0. MS. FILSON: He said 5-1. COMMISSIONER FIALA: What did he say? COMMISSIONER COYLE: He was opposed. Item #8C ORDINANCE 2007-75: PETITION PUDZ-2006-AR-I0698, A. GROVER MATHENEY, TRUSTEE, REPRESENTED BY R. BRUCE ANDERSON ESQUIRE, OF ROETZEL & ANDRESS, LP A AND MARGARET PERRY, AICP, OF WILSONMILLER, INC., IS REQUESTING A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS THE GASPAR STATION PUD. THE SUBJECT PROPERTY, CONSISTING OF 17.7 ACRES, IS LOCATED ON THE SOUTH Page 117 November 27, 2007 SIDE OF IMMOKALEE ROAD (CR 846), APPROXIMATELY ONE QUARTER MILE WEST OF THE I-75/IMMOKALEE ROAD, INTERCHANGE, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W /STIPULA TIONS MR. MUDD: Brings us to 8C. This item's continued from the June 12,2007, and October 23,2007, BCC meeting. This item requires that all participants be sworn in and ex parte be provided by commission members. It's PUDZ-2006-AR-10698, A. Grover Matheney, Trustee, represented by R. Bruce Anderson, Esquire, of Roetzel & Andress, LPA, and Margaret Perry, AICP, ofWilsonMiller, Inc., is requesting a rezone for a planned unit development to a commercial planned unit development for a project to be known as Gaspar Station PUD. The subject property consisting of 17.7 acres is located on the south side of Immokalee Road, County Road 846, approximately one-quarter of a mile west of I-75, Immokalee Road interchange, in Section 30, Township 48 south, Range 26 east, Collier County, Florida. CHAIRMAN COLETTA: Okay. All those wishing to participate in this agenda item, please stand at this time and be sworn m. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. And ex parte disclosure on the part of the commissioners, starting with Commissioner Henning. COMMISSIONER HENNING: I received a correspondence from staff and received a phone call from somebody in the Strand. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I received a phone call also. I met with Bruce Anderson and with Jeff Perry, and I've spoken to staff. Page 118 November 27,2007 CHAIRMAN COLETTA: Fine. And I met with the same individuals, received correspondence, emails, and phone calls. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I had meetings with Bruce Anderson, also had email correspondence with that gentleman, and I've also talked with staff on this, and basically I've really spent some time with this -- with the transportation department. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: You want me to do it again? CHAIRMAN COLETTA: No, we heard you -- well, yeah, you better, just to make the record -- see if it's the same. We want to -- see if you got -- COMMISSIONER COYLE: Okay. I have had meetings with -- a meeting with Bruce Anderson and Jeff Perry, I've also received some correspondence. I've talked with staff about this petition. CHAIRMAN COLETTA: Thank you. Mr. Anderson? MR. ANDERSON: Good afternoon, Mr. Chairman. For the record, my name is Bruce Anderson from the Roetzel & Andress law firm on behalf of the applicant. I have a one-minute version of my presentation, and I also have a longer version, which I would reserve time to give you if necessary. Short version is this: No changes to the allowed uses and development standards of this already-approved PUD other than those that have been requested by staff. Number two, we are now in agreement with all staff recommendations and conditions for approval. I would note that this property owner has had a long history of cooperation with the county on transportation matters. And lastly, I would ask that you add a section or a sentence at least to the PUD that states that the PUD sunset timelines are tolled until the transportation condition has been completed. I have worked on specific language with Mr. Casalanguida and our planner, Ms. Page 119 November 27,2007 Deselem. I'll read that into the record. The developer shall be able to proceed with a plat and site plan, site development approval and construction, however, the county shall not issue any Certificate of Occupancy or Temporary Certificate of Occupancy for any portion of this project until the I-75/Immokalee Road intersection improvement through lanes are substantially complete and open. The PUD time limits and sunsetting provisions contained in section IO.02.I3.D of the LDC shall not commence until the I-75/Immokalee Road intersection improvement through lanes are substantially complete and open. End of statement. CHAIRMAN COLETTA: Okay. First I just wanted to check. Do we have speakers on this? MS. FILSON: No, sir. CHAIRMAN COLETTA: Great. We have -- and I'm not too sure who went first. Commissioner Halas. COMMISSIONER HALAS: Yeah. When you say substantially completed, would you clarify what you mean by substantially completed on the lane, through lanes? MR. ANDERSON: I'll ask Mr. Casalanguida-- COMMISSIONER HALAS: Good. MR. ANDERSON: -- to answer that question, since it was his. Nick? COMMISSIONER HALAS: Substantial. MR. CASALANGUIDA: For the record, Nick Casalanguida. I seem to -- I'm the only one who can pronounce my name. COMMISSIONER FIALA: You don't even pronounce the whole thing though. MR. CASALANGUIDA: Substantially complete means the actual through lanes are operating. We talk about substantial completion. If they're doing some landscaping or cleanup or, you know, final signing, things like that. Page 120 November 27,2007 COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: And for Bruce again, you said tolling. I've got no -- I haven't got any problem with that. I think we've been tolling this for about 20 years now, right, this PUD? MR. ANDERSON: Well, if we were, we wouldn't be here. COMMISSIONER HALAS: Well, it's been on the books for about 20 years. Do you agree with all the recommendations by the Planning Commission? MR. ANDERSON: I believe so, yes. I mean, they've been incorporated, haven't they? Yeah. COMMISSIONER HALAS: I make a motion for approval then. COMMISSIONER FIALA: Second. MR. ANDERSON: I mean, their one reference to the cloverleaf, which is no longer on the table. MR. MUDD: Wait a minute, if! may interject. The Planning Commission recommendations were never approved to go to you, so there are no Planning Commission recommendations. This is a 4-4 tie vote. So you have nothing from the Planning Commission, okay. So if you're going to ask for recommendations from the Planning Commission, Commissioner Halas, you've got to be very, very specific here. COMMISSIONER HALAS: Okay. My question is, the three items that are on the -- from the Planning Commission, are you in agreement with them? MR. ANDERSON: All except number 3, because that got modified by your staff. COMMISSIONER HALAS: That's correct, okay. In replace (sic) of that is the item that you talked about, and that was the substantially (sic) completion of those -- MR. ANDERSON: Yes, sir. COMMISSIONER HALAS: -- through lanes when they Page 121 November 27, 2007 complete the bridge? MR. ANDERSON: Yes. COMMISSIONER HALAS: Okay. All right. That's where my motion is. Is that clear enough? CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. And that the sunset timelines are tolled until transportation issues are completed, just like the sentence that you read, yes. CHAIRMAN COLETTA: I was going to say, I kind of hope in your motion you include the development commitments that they also made. COMMISSIONER HALAS: That's -- should be in there, yes. CHAIRMAN COLETTA: That's understood by the second, too COMMISSIONER FIALA: Absolutely, yes. CHAIRMAN COLETTA: -- that the development commitments are also included? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. Thank you. COMMISSIONER FIALA: The petitioner has already said that they agreed to all of those development agreements, plus they've added this sentence that takes care of the tolling, and the lanes that are supposed to be -- what is it -- a portion of I -7 5/Immokalee Road intersection improvement through lanes. So I think we've taken care of the whole thing. MR. ANDERSON: One additional thing we inserted between the Planning Commissioning and coming to you folks is the very last paragraph in the PUD which provides the 50 cents per square foot affordable housing commitment. CHAIRMAN COLETTA: That's part of the development commitments? MR. ANDERSON: Yes, sir, yes, sir. Thank you. Page 122 November 27,2007 CHAIRMAN COLETTA: Let's go to Commissioner Fiala. Did you finish what you had, or do you have something? You're next. COMMISSIONER FIALA: I added that to make sure the toll lines are tolled, sunset time lines are tolled, and that was it. CHAIRMAN COLETTA: Okay. Commissioner Henning, then Commissioner Coyle. COMMISSIONER HENNING: No, I'm okay. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we need to clean this motion up a bit. Mr. Anderson, would you tell me once again what you said about the tolling? MR. ANDERSON: The exact language? COMMISSIONER COYLE: Yes, please. MR. ANDERSON: The PUD time limits and the sunsetting provisions contained in section 1O.02.13.D of the LDC shall not commence until the I-75/Immokalee Road intersection improvement through lanes are substantially complete and open. COMMISSIONER COYLE: Now, how does that get you approval to begin. If the -- if the tolling provisions don't begin until after those through lanes are substantially open, it appears to me that between now and that point in time, you don't have any permission to proceed, but if you were to say that the termination or the sunset provision itself would be tolled, that makes sense to me. But in referencing the provisions of the sunsetting ordinance, you're the lawyer. Maybe you understand this better than I, but it seems to me that you're essentially saying that until those things are met, you don't have an extension on your -- on this PUD. MR. ANDERSON: No, no. COMMISSIONER COYLE: That's not what you had in mind? MR. ANDERSON: No. This is a brand new PUD. COMMISSIONER COYLE: Yeah. Page 123 November 27, 2007 MR. ANDERSON: And it's going to get a new timeline, but that time line doesn't start until those through lanes are substantially open. COMMISSIONER COYLE: See, that will give you five years from the time that those lanes are substantially open before you have to ask for any kind of an extension? MR. ANDERSON: If the road is completed, the through lanes, hopefully so. COMMISSIONER COYLE: Okay. I just wanted to make sure that was clear to everybody. So let me -- let me just summarize where we are with this, that -- that you are agreeing with the interconnection to the property to the west. MR. ANDERSON: Yes, sir. COMMISSIONER COYLE: We're agreeing that we won't penalize you because of the construction that's occurring on Immokalee Road, that we will toll the sunset provisions until those lanes on Immokalee Road are substantially complete and open to traffic, that you will stipulate that the configuration, shape, size, and location showing the lake adjacent to the preserve shall be retained. MR. ANDERSON: Yes, sir. COMMISSIONER COYLE: And -- okay. That's pretty much it except for the stipulations that you had in the developer's agreement, right? MR. ANDERSON: Well, what I just read. We don't have a developer's agreement. COMMISSIONER COYLE: Now, that's the extent ofthe motion as far as I understand it. Staff had one other recommendation, and that involved -- the two adjacent links to the interchange shall be reduced to a four-lane capacity in the concurrency system until the interchange is completed, and any new applications after that -- it takes this action shall be subject to capacity restrained. That does not affect you? MR. ANDERSON: That's correct. That's part of the earlier Page 124 November 27, 2007 language that I read that was worked out with staff, yes, sir. COMMISSIONER COYLE: I just wanted to make sure we're all clear on what this motion includes. MR. ANDERSON: Thank you. I appreciate that. COMMISSIONER COYLE: Okay. And that's it for me. Thank you. CHAIRMAN COLETTA: Okay. So we have a-- MR. ANDERSON: Thank you very much. CHAIRMAN COLETTA: I'm sorry. Go ahead. MS. DESELEM: Good afternoon. For the record, Kay Deselem, Principal Planner with Zoning. Just wanted to go on the record that staff is recommending approval of the petition finding that it is consistent with the GMP policy, and just to reiterate, you know, once you have your motion ready, I want to be able to go over it just to make sure we understand it perfectly, and I will reiterate that what you're proposing at this point is you're recommending approval -- or you're going to approve it with staff and the EAC recommendation. The EAC recommendation is that condition for the lake configuration. And then we have in the PUD document, as agreed to earlier by the petitioner, section 5.2.1, which includes the intersection -- I'm sorry -- the interconnection information for the parcel to the west, and then the new language that was agreed upon today that addresses the, one, the tolling issue as far as sunsetting, and the CO not to be issued, but would allow them to seek and get approvals for SDP or plats with the understanding that the COs would not be issued. And building permit is what I'm also being told. I don't recall that in there. And I no longer have -- we only have one copy of that poor little piece of paper, so we're shuffling it back and forth. But yes, if it said building permit -- may I borrow it again? MR. ANDERSON: Sure. MS. DESELEM: Okay. This is something that needs to be clarified. I do not see in the language that it says building permit. It Page 125 November 27,2007 say SDP or plat. And Mr. Anderson just represented to me that that was Nick's intent. I don't want to speak to Nick's intent. I'll let Nick speak to Nick's intent. MR. CASALANGUIDA: It was that the developer shall be able to proceed with an SDP plat and begin site construction; however, no COs would be issued until those through lanes were substantially complete. So they can proceed with all site construction, building permit, applications, but no CO would be issued until that road was complete. CHAIRMAN COLETTA: So far, does the motion maker and the second both agree? COMMISSIONER HALAS: Yes. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Continue, please. COMMISSIONER HALAS: Pretty much what we covered. MS. DESELEM: Yeah. I just wanted to verifY. CHAIRMAN COLETTA: That's fine. I'm glad you're clarifYing it. MS. DESELEM: Yes. And I don't have anything else to add. I do apologize for the kind of last minute, but we were working out the language today even, so that way we could bring to you a project that you could approve without having to hash over issues that we could address. CHAIRMAN COLETTA: Thank you for that. MS. DESELEM: And if you have any questions, I'd be happy to address them. CHAIRMAN COLETTA: I see no further questions. I think we're ready to close the public hearing and put this to a vote. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. Page 126 November 27,2007 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you. MR. CASALANGUIDA: Commissioners, I need a little direction on Commissioner Coyle's comments, because it wasn't officially part of the motion. On your AUIR that you adopted recently, shows additionally the six lanes of through capacity. We had discussed that the four lanes would be a restriction because it's not a project the county controls. So I need a little direction in that -- maybe you have the form of a motion, due to health, safety, and welfare, construction of the interchange that's not controlled by -- as a county project, that you will count it as a four-lane capacity until the through lanes are substantially complete. MR. KLA TZKOW: You'll need a motion for this because we may be denying applications based on lack of concurrency because of this. COMMISSIONER COYLE: I'd make a motion that we approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? Page 127 November 27,2007 (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. COMMISSIONER FIALA: Thanks, Nick. MR. MUDD: Commissioner, that brings us to -- CHAIRMAN COLETTA: Just one second. Jeff, would you check with John Norman and see ifhe'd be ready to come in around two o'clock. Thank you. Go ahead, Mr. Mudd. Item #lOQ A FUNDING CHANGE FOR THE GOODLETTE FRANK ROAD PROJECT (60005); COLLIER BOULEVARD SOUTH PROJECT (60001); AND THE DA VIS BOULEVARD PROJECT (60073) IN THE AMOUNT OF $2.279,900 - APPROVED MR. MUDD: Commissioner, that brings us to item IOQ. This is a recommendation for Board of County Commissioners to approve a funding change for the Goodlette-Frank Road project, 60005, and the Collier Boulevard south project, 60001, and the Davis Boulevard project, 60073, in the amount of $2,279,900. And Mr. Norman Feder, your Transportation Services Administrator, will present. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. Page 128 November 27,2007 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. MR. FEDER: Thank you. MR. MUDD: Good presentation, Norm. Item #lOS RESOLUTION 2007-339: A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAL SERVICE BOUNDARY ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERLOCAL SERVICE BOUNDARY AGREEMENT REGARDING 204.19 ACRES OF LAND, MORE OR LESS, DESCRIBED AS THE HOLE IN THE WALL GOLF CLUB, PROPOSED TO BE ANNEXED INTO THE CITY OF NAPLES - ADOPTED The next number is IOS. It's a recommendation to adopt a resolution, initiating resolution of the Board of County Commissioners of Collier County, Florida, pursuant to part two of chapter 171, Florida Statutes, Florida Interlocal Services Boundary Act, to commence the process for negotiating an interlocal service boundary agreement regarding 204 acres -- no. 204.19 acres ofland, more or less, described as the Hole in the Wall Golf Club, proposed to be annexed into the City of Naples, and I'm going to present this Page 129 November 27,2007 particular item. We had come to the Board of County Commissioners during the Collier Park of Commerce annexation and asked the board to go into phase two, which is basically a negotiation, so to speak, between the annexing, in this particular case, the City of Naples, and the county, where the property was leaving from. We also had a second party to that particular process, and that was East Naples Fire. We went through a year. It was -- and sometimes it was laborious and sometimes -- and Commissioner Coletta said he was bored to tears one time. But it really did, because sometimes we were out of it and it was the fire folks talking to each other as we're sitting there and we listened, at least two meetings and it was strictly fire, but everything got hashed out to everybody's satisfaction. The public had an opportunity on many occasions to voice their concerns during comment during those meetings, and it turned out to be a rather good process. I believe we were probably the first ones in the state to work the first phase. The City of Naples is in the process of wanting to annex. They've been asked to annex -- and it's strictly voluntary -- the Hole in the Wall development. The -- that's out there. If the board wants to enter phase two negotiations, we have to do it relatively soon in order to get within the window of the two readings in the City of Naples before they annex. There is no Urban Services Report on this particular process like there was on the Collier Park of Commerce so I can't tell you exactly how they see the transition of services from the county to the city. And in the newspaper article, Mr. Passidomo was quoted as -- there was an enclave issue in this particular annexation, and I'd like to know how that's all going to get resolved because that's in the legal process. You can't -- an annexation can't cause an enclave. And if it does, it's an illegal annexation. So there are some things that need to be hammered out. And in Page 130 November 27,2007 this particular case, I'm asking the board to go into phase two negotiations on the Hole in the Wall annexation issue. CHAIRMAN COLETTA: Let's go to Commissioner Halas. COMMISSIONER HALAS: County Manager, do we know what -- at this point in time what the impacts are to the county as far as infrastructure? MR. MUDD: Again, I've mentioned to you that there is no Urban Services Report because this is a voluntary annexation. I would say from the water -- water/sewer side of the house, there is none because they're already on the city water and sewer. They do have county garbage collection. They do have North Naples Fire as their -- as their service agency. I've mentioned the Enclave piece, and we'll go through the whole process. And we'll talk about recycling and some other things as they come up. During this, the CPOC item, recycling was a big issue for Commissioner Coletta, and we got a concession that they would recycle according to Collier County ordinance even though they annexed into the city, and that was a good thing as far as the environment was concerned. I don't believe that one will be much different in this particular case. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. Do I hear direction? COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Motion to approve the county manager's recommendations. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Henning, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, Page 131 November 27,2007 indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #6A PUBLIC PETITION REQUEST BY MARY MAYVILLE, COLLIER COUNTY AGRICUL TURAL FAIR & EXPOSITION, INC., TO DISCUSS REINSTATEMENT OF A PERMANENT BEER LICENSE - APPROVED Let's go to 6A since we have Mr. Norman, who's going to be presenting on the part of the Collier County Fair Board. MR. MUDD: This is a public petition request from Mary Mayville, and Mr. Norman is going to represent for the Collier County Agricultural Fair and Exposition, Inc., to discuss reinstatement of a permanent beer license. MR. NORMAN: Thank you. For the record, I'm John Norman. I'm the founding president of the Collier County Fair. I think it was 1980 we started it with the help of the Collier County Commission. There had never been such an event in Collier County before. It's been a tremendous success. Over the years, it's sent a tremendous amount of money back into the community. They keep upgrading it. They've put in a beautiful pavilion now, which cost a lot of money. They pay $50,000 a year on a note on that pavilion, which is on Page 132 November 27, 2007 county property. Thanks to the commission, they have the property to be there. They give out at least one $25,000 a year scholarship to a student from Collier County schools. And all in all, it's just a wonderful -- it's an II-day event. There are all kinds of events taking place out there now. The Collier junior deputies have a day out there at the fair, they take all of -- I think it's all the fourth graders and run them through the fair for absolutely no cost. Take them out there, feed them, and it's all on the fairgrounds. The problem with any of it is, the fair grosses about a million a year. Now, that's off of all the ticket sales and all the rest of the concessions off of the Midway and that like, plus the other events. Like they had a home show out there very recently, and they have a lot of labor costs and things to spend. When we put the fair together originally we were allowed -- we had a beer tent, and the sheriffs people kept a close eye on it. To my knowledge since 1980 there's never been a problem at the Collier County Fair reference to the beer sales, not one. I never heard of a DUI coming out of there. They're pretty careful about controlling it. They have a problem inasmuch as the individuals who were responsible failed to renew the permanent beer license at the fairgrounds. They are asking now to renew it. The only other way is they could get one of these one-day permits, which doesn't go very far in II days of fair or, for example, the parks and rec. is going to be out there next year with a country show that they normally have over at the Vineyards, and the fair could use that operation with the permanent license to help fund all these things that they do and make it a better thing. They're having one little problem, and that is making sure that -- they've been told by one of the county agencies that they're not zoned to sell beer. Now, that place was selling beer before anybody that works at the county came here, with no problems at all. And we're just asking that the commission favorably consider the Page 133 November 27,2007 request from the Collier County Agricultural Fair to renew or get their permanent beer license back. That's all we're asking. CHAIRMAN COLETTA: Now, Mr. Norman, let me go right to the county attorney. What can we do to be able to make it -- help them get their beer license reinstated? MR. KLATZKOW: I guess you could find you have no objection to this and would support this. CHAIRMAN COLETTA: Would we have to bring it back at another meeting or can we do it right now? MR. KLATZKOW: You can do it right now. CHAIRMAN COLETTA: I make a motion that we do so. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by myself, Commissioner Coletta, second by Commissioner Fiala. Discussion? Start with Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: So County Attorney, we don't have to go to the state in regards to this? MR. KLATZKOW: I think it's up to the fair people to go to the state on this. They're just looking for your support, is my understanding on this. MR. NORMAN: The state -- the state beverage department has a license. That's what the -- the permanent beer license would be. It's not from the county; it's from the state. COMMISSIONER HALAS: Okay. The other question I have, what venues would you be selling beer at? MR. NORMAN: Well, when you say venues? COMMISSIONER HALAS: Well, you got the fair. MR. NORMAN: Right. COMMISSIONER HALAS: You've got the -- I think you've got boy scouts that use that park. MR. NORMAN: Well, when the boy scouts are there, we don't Page 134 November 27,2007 sell it. We only sell it when the deputy junior league comes out. COMMISSIONER HALAS: Okay. 4H club, I would imagine. I guess we got to be specific on when you're going to sell -- have beer sales there so we don't run into any problems with the public -- the way the public would look at this. MR. NORMAN: Okay. Well, for example, the rodeo out there, they would sell beer at the rodeo. On -- I forgot which nights -- or how many nights a month it is, but they have a demolition derby out there. Don't have a huge crowd, but they have people out there and they would -- they would sell beer then. COMMISSIONER HALAS: So you're saying all adult events? MR. NORMAN: It's totally adult events. CHAIRMAN COLETTA: Family events. MR. NORMAN: Family is -- it's all a family deal. Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I just want to make sure that we're talking about reinstating privileges that you've always had in the past and not granting any new privileges; is that a correct character -- MR. NORMAN: That's totally correct. COMMISSIONER COYLE: So we're not doing anything more than you have been doing for 27 years? MR. NORMAN: Not breaking new ground at all. It's merely that one of the employees of the fair neglected to renew the license, and now the problem is with Collier County saying it's not zoned as a beer area, which it was for -- as you said, for 27 years. I would think about almost -- we're grandfathered in, but that's -- COMMISSIONER COYLE: Okay, thank you. CHAIRMAN COLETTA: Okay. So we have a motion and we have a second. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, Page 135 November 27,2007 indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMANCOLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you very much. MR. NORMAN: Thank you, appreciate it. Item #IOT A MODIFICATION TO AGREEMENT 07-EC-33-09-2I-OI-486 BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY, ACCEPTING AN ADDITIONAL $1,693,940 TOWARDS THE CONSTRUCTION OF A NEW COUNTY EMERGENCY OPERATIONS CENTER (EOC) WITHIN THE EMERGENCY SERVICES CENTER (ESC) AND APPROVE THE BUDGET AMENDMENT NECESSARY TO RECOGNIZE AND APPROPRIATE $1,693,940 AS REVENUE - APPROVED MR. MUDD: Commissioner, that brings us to item lOT. It's a recommendation to approve a modification to agreement 07-EC-33-09-2I-OI-486 between the State of Florida Division of Emergency Management and Collier County, accepting an additional I -- $1,693,940 towards the construction of the new county emergency operations center, EOC, within the emergency services center, and approve a budget amendment necessary to recognize and appropriate the $1,693,940 as revenue. Page 136 November 27,2007 COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Fiala, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. MR. MUDD: And, Commissioner, that was the second half. 1.5 was before. This is 1.6. It brings us to the $3.2 million that we had talked about previously. Item #lOU A RESOLUTION AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN THE CODE OF LAWS AND ORDINANCES, SECTION 2-11 (COMPANION ITEM TO IOV)- MOTION TO BRING BACK AT THE DECEMBER II, 2007 BCC MEETING - APPROVED Item #IOV Page 137 November 27,2007 A RESOLUTION AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN THE CODE OF LAWS AND ORDINANCES, SECTION 2-11 (COMPANION ITEM TO IOU)- MOTION TO BRING BACK AT THE DECEMBER II, 2007 BCC MEETING - APPROVED Next item is IOU, and I believe Mr. Schmitt's going to talk about lOU and lOV, hopefully simultaneously. And ifhe does and you approve in that particular way this presentation, then we'll take separate motions on each one of those particular items. But it's recommendation to adopt a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws and Ordinances section 2.11. Again, this is also a companion to IOV, and Mr. Joe Schmitt, your Community Development, Environmental Services Administer, will present. MR. SCHMITT: Commissioners, good afternoon. For the record, Joe Schmitt. As Mr. Mudd mentioned, we're here today to talk about the fee schedule. You have two items, the related items, companion items IOU and IOV. IOU deals primarily with land use review and permitting fees, and IOV are building permit fees, review and permitting fees. And we separate them because -- mainly because of the length of the executive summary, but also so we wouldn't confuse one from the other. We're here today to seek board approval for a resolution amending the community development/environmental services fee schedule covering various development-related review and processing Page 138 November 27,2007 fees. For your consideration, basically -- and I'm going to just highlight -- okay. Go down. As I mentioned, there are two applications, but basically we're here -- and these are fees that we've been gathering since 2003. We really haven't come back to you and amended any of our fee schedule except for updating some of the building fee information. But the changes are in your book in a spreadsheet, and we can cover those in detail. I'll certainly entertain any questions. Forty-four through 50 of your agenda book highlights by spreadsheet. Of course, in there is also the strikethrough and underline version of the fee schedule and the amended fee schedule. Vehicle for hire, changes I through 4, contract licensing, and I'll note, those fees hadn't been changed since 1992. One change, comprehensive planning, many changes involving zoning, engineering, environmental review and permitting. One fee dealing with PUD monitoring. There was also a related fee with PUD monitoring having to do with pulled PUD closeout and then miscellaneous. I do want to point out this was vetted before your DSAC, Development Services Advisory Committee. September 5th, we did an initial presentation. In October we went back. We talked to them in detail, and then again in November. I do note that the items that they disagreed with or we had discussions on, they were removed from the fee schedule. What you have in front of you was basically approved by unanimous vote, 10-0, and deemed to be fair and equitable based on actual costs that we incur in providing the services that we provide in community development. The PUD closeout fee was the only fee that was an issue. That was as a result of our workshop, and you asked us to put together a process for PUD closeout. The only reason we put the fee in there -- Page 139 November 27,2007 it's sort of the cart before the horse -- but we put the fee in there because we don't come back that often about fee schedule changes. They had basically a 5-5 vote where they failed to endorse. They subsequently voted 8-2 to remove that fee and bring it back to you as -- once we finalize the PUD closeout process. I have no problem with that recommendation if that's the way you want to move forward, but that's -- basically we did include it in there just so we would identifY a fee. And that's pretty much my presentation. I can certainly -- I have slides if you want to go through anyone of the fees, my staff is here to answer any questions you have regarding the specificity as to how we arrived at those fees or what services are provided. We could certainly answer that. Mr. Gary Mullee is here and he can address the building permit fees, if we want to go into that issue next. CHAIRMAN COLETTA: Thank you, Mr. Schmitt. Commissioner Henning? COMMISSIONER HENNING: I have several questions. CHAIRMAN COLETTA: Go ahead. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: First of all, the fee resolution refers to Exhibit B, and in fact, on the fee resolution, on page II in building permit fees, but I don't see an Exhibit B. MR. SCHMITT: Those are the ICB building valuation tables which you approved in a previous resolution, and those are the ones we're asking -- well, they've already been updated, but we're also changing -- in the next item -- and Gary's going to talk about that -- we're changing from a valuation criteria to a square footage criteria. COMMISSIONER HENNING: Are we -- are we repealing the previous resolution and adopting a new resolution? We are repealing. MR. SCHMITT: Yes. And the exhibit -- Exhibit B are the international building code valuation tables that were passed by you in Page 140 November 27,2007 your most recent approval of fees -- would be part of this resolution going forward. COMMISSIONER HENNING: But we're repealing that previous resolution, so we still need that resolution, don't we? That's how we did it -- always did it before. MR. SCHMITT: Yes. It would be included. There will be some permit fees that will be part -- based on building valuation. Those are primarily remodeling. COMMISSIONER HENNING: Is the building evaluation (sic) table changing? MR. SCHMITT: No, sir, it is not. It's not changing at all. COMMISSIONER HENNING: So the board needs an exhibit of that before we -- if the board chooses to pass this at a revised fee resolution? It's not a fee resolution. It's a new fee resolution because we're repealing the old one. MR. SCHMITT: That's correct. You are repealing it and developing a new resolution, that's correct. COMMISSIONER HENNING: So do we need that evaluation table? Does it need to be a part of this resolution? MR. SCHMITT: It will be inclusive of this. It was just assumed -- there was no change to it. It's assumed that it was -- you had already seen that recently, and that was already approved by the board. COMMISSIONER HENNING: Okay. But-- MR. SCHMITT: I understand what you're saying. You want it included in here. I'd have to bring it back at the next meeting then because it's not included in this packet. COMMISSIONER HENNING: Well-- because the resolution says we're repealing the previous one, and that Exhibit B was a part of the previous one. MR. SCHMITT: That's correct. COMMISSIONER HENNING: Yeah. MR. SCHMITT: And it also would be part of this one as well. Page 141 November 27,2007 COMMISSIONER HENNING: But it doesn't say that in the resolution. It only says Exhibit A. It doesn't say Exhibit B. MR. SCHMITT: We're still using the valuation table, yes, yes. I still have to use the valuation table. Some of my fees are based -- my building permit fees are based -- COMMISSIONER HENNING: It says, whereas, the -- June 27th, 2007 -- 26, 2007, the Board of County Commissioners approved resolution 2000-160, established a fee schedule and service performance of the Collier County Community Development Services; whereas, recognize the board reviews and reflects the actual change occurring in Collier County; therefore -- oh, let's see. Be it resolved that the recording of minutes, this -- amended effective date -- it does supersede by this resolution, so -- should we make a motion that we -- when we do this, we strike the language out of this? MR. SCHMITT: The motion would have to include -- COMMISSIONER HENNING: Exhibit B that we don't have. MR. SCHMITT: -- Exhibit B, yes. It's the same Exhibit B that you already had approved. COMMISSIONER HENNING: Yeah. Well, I have several other questions. But go ahead if you want to. COMMISSIONER COYLE: I was just going to suggest, Commissioner Henning, you're absolutely right. It's an incomplete document. Why would we want to act on an incomplete document? We don't even have the Exhibit B here. Let's move it to the next meeting and have it brought back properly. COMMISSIONER HENNING: Yeah. MR. SCHMITT: Okay. COMMISSIONER HENNING: But I have other questions that maybe we can go through. In 2003, I believe it was September of 2003, you recommended that the engineering inspection fees be removed out of fund 113 and establish a -- an engineering inspection fee by a significant amount of Page 142 November 27,2007 increase. Are those separated out of fund I13? MR. SCHMITT: Yes. The funds, 113, having to do with building permit -- building review and permitting, is strictly dealing with the -- basically vertical construction, horizontal construction, site plan and plat, plan review, are all fund 131 (sic), and they've been separated since 2003. COMMISSIONER HENNING: Okay. But these -- these are engineering inspection fees due to site work, and in this particular case, inspection of single-family residence. MR. SCHMITT: That's correct, but they go into I -- they are reimbursed into 131 (sic) fund. They pay for the services provided by my engineering review staff mainly doing -- dealing with site plan, final plan and site approval, basically what we call our 800 series inspections. COMMISSIONER HENNING: In -- there was two substantial increases in fees in 2003. One in September, one in March. You added new ones, you increased some, and it was reported to the board anywhere from 50 percent to a 1,000 percent increase. From 2004 to 2006, there has been a substantial amount of requests for permitting in your department. Where did these fees go? MR. SCHMITT: They paid for the services provided, paid for the staff, paid for the operation of the building, pays for everything that I provide out in that -- in Horseshoe. COMMISSIONER HENNING: What happened in the -- since we had evaluation of construction of housing and commercial? I mean, we had an increase of steel, we had an increase in concrete, we had an increase in fill. That should have reflected upon the permits because the evaluation was per construction cost. Where do those funds go? MR. SCHMITT: I hear your question, but, I mean, basically we increased staff to provide the services that were provided, and that staff is now being reduced commensurate with the reduction in Page 143 November 27,2007 permitting. And I don't know if that answers your questions. I mean, the fees pay for the service provided. Is pays -- the preponderance of the fees that we collect, about 80 to 85 percent of the fees we collect pay for personnel cost, pays for all the other costs that I'm asked to provide, support for the County Attorney's Office, support for IT, support as direct costs for the Board of County Commissioners, all those that -- the funding that I am asked to provide during the budget cycle and part of the budgeting process, the fees pay for those activities. COMMISSIONER HENNING: Well, if it -- ifit was there to support the cost of service requested -- MR. SCHMITT: Yes. COMMISSIONER HENNING: -- and your activity is down by how much? MR. SCHMITT: Right now -- I can show you. Basically this was as of the end of October. Well, actually the end of September, going into the fiscal year. Permitting issued, down 36 percent; residential, down 52 percent. And you can see the list. COMMISSIONER HENNING: Okay. So with that said, wouldn't it be a more financial business approach to reduce your staff by this amount? MR. SCHMITT: Absolutely. I have 35 positions frozen right now that have not been filled, that either through retirement, attrition, will not be filled, and I'm due to talk to the manager the first week in December about additional measures that may have to be taken in order to ensure that I have sufficient monies to pay -- to meet payroll, or I have to refuse payroll. So those actions are being taken. That was part of my -- COMMISSIONER HENNING: So you're going to talk to the county manager about your lack of funds and try to get more money to MR. SCHMITT: No, no, no, sir. It's the other way around. It's Page 144 November 27,2007 the -- if I don't have the revenue -- and most of these fees, there's very few increases in fees here. The increases are primarily in the areas dealing with the PV AC, dealing with contractor licensing, those areas where separate -- your separate advisory boards recommended that those fees be increased. The rest of the fees, there are -- there are increases, but they're not -- they're commensurate with the cost of living since 2003 and the cost that -- the burden that I have to carry since 2003. But the fact of the matter is, I have to -- if I don't raise the revenue and the revenues -- not that I'm raising fees, but the permitting activity is what I schedule and staff according to the permitting activities. If the permitting activities go down, then I reduce staff accordingly. COMMISSIONER HENNING: Have you ever looked into privatizing some of your operations? MR. SCHMITT: We've discussed that many years ago about privatizing some of the review process, and the board directed that we not even go down that road as far as plan review, environmental review, some of the other things. COMMISSIONER HENNING: What about your inspections? MR. SCHMITT: Inspections would cost more money, quite frankly. I can provide inspections cheaper than a private provider. I think, hands down, we can -- we're cheaper than a private provider, but certainly we can look at that. I can certainly look at a -- turning over all of our inspections to a private provider. COMMISSIONER HENNING: These funds -- the PV AC increase for that operation, where are those funds going to go? MR. SCHMITT: Those are funds needed to pay for the requirements that this board has passed as far as background checks and other type of activities associated with private vehicle, private operators. Those are direct costs that I have to charge for that service, or I have to pass that off to the general fund. COMMISSIONER HENNING: So you're saying these are put Page 145 November 27,2007 into a separate fund? MR. SCHMITT: That's -- those go into fund III. They are not part of the building fees. Those are part of the fee schedule, but those are reimbursement to the general fund. COMMISSIONER HENNING: What about contractor licensing? MR. SCHMITT: Contractor licensing goes into building -- fee 131 (sic). They're part of my building permit fees. I'm sorry, 113, and those are fees that, again, are incurred as part of our cost in doing business. As I noted, we have many contractors who come from the east coast to come over here and go through the licensing process because we're much cheaper, and there was a $3 transfer fee or $3 reciprocity fee, which I can't even do a letter today for $3, and we were notifYing the other counties of licensing. Mike Ossorio's here from contracting licensing. Mike certainly can address some of the issues. Your Contractor Licensing Board unanimously endorsed the increase in the fees for contractor -- for licensing and contractor licensing. As I noted, they hadn't been increased since 1992. COMMISSIONER HENNING: Well, for me it -- the building industry is slowed down enough, and actually what should happen is, you should -- we should be reducing fees. And there is ancillary -- a byproduct of effects to everybody, restaurants, just everybody across the board. I can't support an increase. I can support a decrease, even at the next meeting. I think it's a good business decision to do so. If we had competition, we probably would be doing that anyways. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Okay. I've made -- already made my observations. I think we ought to push this off to the next meeting Page 146 November 27,2007 so we've got a complete document to work with. I had asked for a tabular comparison of these rates and I got this, which is virtually worthless. I'd just like to see something that says driver identification card, $50 is the old fee, and if I look down the page somewhere, I can find something to match it up, and $75 is the new fee. I'd just like to have something that tells me that. Just list the things. What you've done is list the paragraphs in the ordinance, and they don't match up. You know, I'm looking up here for driver's license -- or driver identification fees for the old charge, and I have to search down this column over here of things to try to find what the new fee is. You know, that's worthless. So I'd like to have something that's -- that is acceptable so we can compare what the old fee was, what the new fee is, make some reasonable decisions, and have a complete document and a complete ordinance so that we can make an informed decision. We can't do that with this -- MR. SCHMITT: Commissioner, the strikethrough and underline didn't provide you that either? COMMISSIONER COYLE: No. MR. SCHMITT: Okay. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I hope that we do bring this back next meeting. I assumed -- and obviously my assumptions were wrong. I felt that this was just to clear up some inequities in the system and it wasn't really anything that was going to be addressed as far as a whole new ordinance, but obviously I can see where it does say that. I do have some concerns in regards to the amount of staff that we cut, and the reason I say that is, some of your key personnel have a great knowledge base, and I would sure hate to lose those people. I think that we need to make sure that we do everything we can to keep Page 147 November 27,2007 that knowledge base. Let's face it, this slowdown, recession, whatever you want to call it, is a temporary thing. It's not going to be long lasting, and I really believe that to get good people, it's hard to get, and a lot of these people are probably going to leave on their own because of the fact they might be able to find jobs out in the private sector once things get picked up. So I just wanted to put that out there, especially when have you growth management issues, Land Development Code, and especially planners in regards to what it takes to make sure that we do things right in the county. CHAIRMAN COLETTA: Fine. My comments would be, I have no problem with it coming back with a little more data that we can take a look at and make comparisons of apples to apples, but one of my concerns, if we're going to be looking at keeping the fees the way they are or reducing them, I want to identifY where we're going to take COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: -- get the money from that would be able to make up the shortfall. Where is that fund going to come from? Are we going to no longer offer these services? Are we going to have to go to ad valorem taxes to be able to make up the shortfall? Those are the things I have to know. In other words, I assume that if you're bringing this forward, these are real numbers you need to be able to sustain your department. I have no problem bringing it back. But before we go to that point, we do have one speaker. Would you go ahead, Ms. Filson, and call the speaker? MS. FILSON: Yes, sir. Brenda Talbert. MS. TALBERT: Good afternoon, ladies and gentlemen. My name is Brenda Talbert. I'm the executive vice-president of the Collier Building Industry Association. Page 148 November 27,2007 In light of the fact you're probably going to table this, I'm going to probably make some suggestions rather than support this. First of all, the chart that Joe and his staff supplied to DSAC was exactly what you probably want. It's what I referred to when I went back and looked at this the other day. It does, side by side, compares what it was, what's proposed after DSAC's comments. The one I had just had my notes on it from the DSAC meeting. I attended all the DSAC meetings. They did vet it. I can't say that we're ever excited about fees going up, but we did go through each and every one of them in detail, and we're willing to support DSAC's recommendation with the one exception, and that was the fee for the PUD review. We feel that process needs to be put into place before you attach a fee to it, because how can you know what the outcome or the end cost is going to be if you don't have a process attached to it. You're approving something that you don't know what it's going to actually be or what the cost is going to be to the county. Also, I did have a concern about the square foot valuations as opposed to -- or the fee as opposed to valuation. And my concern was that it would go to affordability of housing. You go to a valuation where the more expensive homes are charged a higher fee than a house that's the same size but it costs less to build it. For example, the American Dream Home, 140,000 as opposed to one that's maybe at Mediterra that's the same square footage. But that -- we did agree with this staff that that would stay revenue neutral, but I'm not sure if that would equate into a good thing for affordable housing. So when you bring it back, that would be something we all need to look at more carefully. Thank you very much for your time. If you have any questions -- CHAIRMAN COLETTA: Do I hear a motion to bring it back? COMMISSIONER COYLE: Yeah. I make a motion we bring it back the next meeting. Hopefully it will be complete. CHAIRMAN COLETTA: Okay. Second? Page 149 November 27,2007 COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Coyle, a second by Commissioner Fiala to bring this back at the next meeting with the requested data to be able to substantiate the increases. Mr. Schmitt, do you have anything to add before we vote on it? MR. SCHMITT: Yeah. I just, for clarification, the chart that Brenda talked about is the chart that's in your book, 44 through 50, and it is a side-by-side comparison of the existing fee and the proposed fee, and that's the way it was laid out. In fact, Commissioner Coyle, that's the copy that I believe was sent to you, but I believe -- COMMISSIONER COYLE: Yeah. And let me tell you what's side by side here. Mr. Schmitt? MR. SCHMITT: Yes, sir. COMMISSIONER COYLE: If you'll look at the third item on the left, it says, previous fee schedule section, and it says E, driver identification card, $50. Do you see anything on the right side that says driver identification card that is opposite that? No. You have to go down to the section 4 and you have to find driver identification card, $75 per driver. It is not arranged in tabular form. It is a simple process. You list the fees -- the title of the fees, and then you have a column that says, present cost, and then you have a column that says proposed cost. MR. SCHMITT: I understand. COMMISSIONER COYLE: It's real simple. I don't understand why it's -- MR. SCHMITT: I can do that, Commissioner, but it's -- COMMISSIONER COYLE: -- so difficult for people to understand. MR. SCHMITT: For clarification, it's the way it's set up is that the -- the way this was split into different fees. Page 150 November 27,2007 COMMISSIONER COYLE: Then it's set up wrong. MR. SCHMITT: But we will do that. I understand. CHAIRMAN COLETTA: Okay. So I think we've given sufficient direction on that. COMMISSIONER COYLE: I hope so. COMMISSIONER HENNING: Can I add to that? CHAIRMAN COLETTA: Yes, you sure may. COMMISSIONER HENNING: Can you provide the percentage of increase -- MR. SCHMITT: Certainly. COMMISSIONER HENNING: -- or percentage of change? MR. SCHMITT: We'll do that as well. COMMISSIONER HENNING: And also can you provide us -- this is going into the III fund. This is a code enforcement operation? MR. SCHMITT: That's correct. COMMISSIONER HENNING: Okay. Can you give us what code enforcement's revenues and expenses are for the total? MR. SCHMITT: For each activity or for the total? COMMISSIONER HENNING: For the total. MR. SCHMITT: Yes. CHAIRMAN COLETTA: Okay. Any other comments, Commissioner Henning? COMMISSIONER HENNING: No. Thank you. CHAIRMAN COLETTA: Okay. And with that, all those in favor of the motion to continue, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: And let the record show that vote was Page 151 November 27, 2007 4-1 with Commissioner Halas being in the opposition. MR. MUDD: Commissioner, that's items -- just for clarification, that's items IOU and IOV. COMMISSIONER HENNING: Right. Item #lOW RESOLUTION 2007-340: AMENDING THE COUNTY'S PURCHASING POLICY TO FURTHER MODERNIZE THE COUNTY'S BUSINESS PRACTICES - ADOPTED MR. MUDD: Brings us to lOW, which is a recommendation to amend the county's purchasing policy to further modernize the county's business practices. Mr. Steve Carnell, your Purchasing Department Director, will present. MR. CARNELL: Good afternoon, Chairman, members of the board. This is a staff recommendation to modifY the purchasing policy to officially recognize the on-line bidding electronic system that you funded in the previous year budget that we successfully implemented earlier this April. A lot of the changes in here are really specifically addressing recognizing that electronics system for soliciting bids and receiving bids. And as I indicated in the executive summary, that the implementation's been very successful. We've had a nearly 200 percent increase in registered vendors who are pursuing our business now electronically, and we're able to document the bidding process electronically pretty thoroughly now. And we've also saved about $16,000 on an annual basis by reduced labor costs and some other material and supply cost reductions. In addition to the electronic bidding aspect of this, we're also Page 152 November 27,2007 recommending some other business changes to practices that are intended to clarify the authority of staff to act with regard to particularly purchases of $50,000 or less, and also to just try to simplifY some things in terms of how we resolve various issues that arise regarding -- mostly regarding smaller transactions. With that, I'll answer any questions you may have. CHAIRMAN COLETTA: Questions on the part of the commissioners? COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Coyle, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. CARNELL: Thank you. Item #lOX AN AMENDED SUB RECIPIENT AGREEMENT WITH COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (CCHDC). THIS AMENDMENT EXTENDS THE TIMELINE FOR THE DEVELOPMENT OF CIRRUS POINTE. THE HOME Page 153 November 27,2007 GRANT WAS PROVIDED TO THE CCHDC TO ACQUIRE APPROXIMATELY 10 ACRES OF LAND, WHICH WAS PURCHASED IN DECEMBER, 2005 INCLUDING THE DEVELOPER'S FEE OF $30,000 FORA TOTAL OF $320,000. CIRRUS POINTE WILL CONSTRUCT 108 UNITS OF WHICH 32 UNITS WILL BE FOR NEW AFFORDABLE HOUSING UNITS IN COLLIER COUNTY - APPROVED MR. MUDD: Commissioner, the next item is lOX, and this used to be I6D I. It's a recommendation that the Board of County Commissioners approve and authorize the chairman to sign an amended subrecipient agreement with Collier County Housing Development Corporation, CCHDC, this amendment is to extend the timeline for Cirrus Pointe. The HOME grant was provided to the CCHDC to acquire approximately 10 acres of land which was purchased in December of 2005, including the developer's fee of $30,000, for a total of $320,000. Cirrus Pointe will construct 108 units, of which 32 units will be for new affordable housing units in Collier County. This item was asked to be moved at Commissioner Halas's request. COMMISSIONER HALAS: And maybe I can clear up why I brought this forward from the consent agenda to the regular agenda. As you know, we've approved an awful lot of affordable housing, and none of it is coming forth where people can use it in PUDs, and here's a good example where we basically gave the developer the money to buy the land, and yet the 32 affordable housing units aren't there to be used by the residents. And so, I just wanted to bring this forward because I know -- I think there's a couple of other commissioners on this board that are concerned of all the affordable housing that's been approved and nothing's been moving forward in the last three, four years. Page 154 November 27,2007 CHAIRMAN COLETTA: Let's get clarification on that. Marcy, would you care to comment? I thought we were getting some built. MS. KRUMBINE: For the record, Marcy Krumbine, Director of Housing and Human Services. There are a number of units that have come on board. We have completed all of Botanical Place, which were 60 affordable units, and they're all owner occupied, and did 16 units, Bristol Pines, which were also owner occupied, same income bracket and, of course, all the impact fee deferrals that you're approving for Habitat. There were newer ones that have -- that are on your inventory list. It looks like it's taking about three or four years from the process of when you first approve them to go through the entire approval process and going vertical to the point of closing and putting them in units. That's -- and you did a lot of approvals right around the same time, which was 2004, 2005. And so this particular amended contract we brought forward because the previous contract had expired and we needed to be in compliance by amending the contract and the timeline. They do have up to five years through HUD's requirement to complete the project, which is why we expanded the time line as we did. And we also have Jim Fields, who is the developer, and Kathy Patterson from the Housing Development Corporation here in the audience, and maybe you'd like to hear directly from the developer to see what he's done thus far, where he's at, and where he's going. COMMISSIONER HALAS: My question would be, if it's normally a five-year time line, wasn't that -- why wouldn't that have been put into the original contract? MS. KRUMBINE: Because we always hope for the best. COMMISSIONER HALAS: Well, obviously it doesn't always work out that way. MS. KRUMBINE: That is -- Page 155 November 27,2007 COMMISSIONER HALAS: And I would rather be more on the conservative side so that we have an idea that this is moving forward. I just have some concerns that there was a promise made basically, because that's what the contract says, and it didn't really come to fruition, so that's my concern. CHAIRMAN COLETTA: Okay. Thank you, sir. Commissioner Henning? COMMISSIONER HENNING: Has anybody said anything about sunsetting this project? It's a PUD, correct? MS. KRUMBINE: No, nobody's said anything about sunsetting. COMMISSIONER HENNING: The -- the last time -- and it's been a while since I've been out there -- the sign said 108 luxury homes. Is that sign still there; do you know? MS. KRUMBINE: For the record, yes. COMMISSIONER HENNING: Is that truth in advertising? MR. FIELDS: May I? For the record, my name is Jim Fields. I'm the managing partner of Cirrus Pointe. I think when you -- when -- John R. Wood was the realtor at the time marketing the program, we put up a sign to make sure that people knew where Cirrus Pointe was going to be located, that type of thing. They basically designed and developed the signage for the site, okay. But, in fact, Cirrus Pointe is going to be a very high-quality development regardless of -- let's also clarifY. Cirrus Pointe is a mixed-income community, okay. I know we like to throw terms like affordable and all these other good things. But in reality, successful mixed-income developments are -- you cannot differentiate one unit from the next. Let's say, for example, I've got Corian countertops throughout, nine-foot ceilings, eight-foot doors. I mean, it's going to be a lovely development. I think, Donna, you said when we met that one time, you wanted to see something of quality there. And in this case, it's got to be Page 156 November 27, 2007 durable as well because we've got a situation where I wanted to do something very, very special. In other words, put up -- this is three stories over parking with secured storage, secured parking, the amenity levels, stainless steel appliances, you know, the Corian countertops, Koehler fixtures. I mean, it's basically taking what would traditionally be allocated to North Naples and putting it in Bayshore. And the reason why we're able to do that -- I've been through a number of things now where we are putting together -- I've got a half-million-dollar grant, another additional half-million-dollar grant out of -- with BB&T as my sponsor for the federal home bank. I think I mentioned that several weeks ago when we were talking -- COMMISSIONER HENNING: I have other questions, too. MR. FIELDS: Sure, sure, that's fine. I've got another -- and that $500,000 grant will basically service 16 of those 32 units, provide additional down payment assistant for people wanting to purchase those units. We applied for another $380,000 grant that will affect probably 10 more of those units, so it will be 26 of those units. All in all, what we're doing is -- that project is costing me almost $260,000 a unit to build, okay. We're in the market -- we haven't formally marketed this thing, because obviously right now with the market the way it is, we've got a housing crisis going right now, and hardly anybody's selling anything. It's requiring me to sell 100 percent of all those units -- traditionally a development sells 50 percent of those units and then you're released, your bank financing kicks in, and then you go up. In this case, it costs me $260,000 a unit to build, those 50 percent units -- 50 percent of median income units are sold at, right now, at -- priced at about 150,000; the 60 percent of median income units are priced at 175,000. So if it's costing me 260,000 to build, there's a shortfall. So we're making that up through grants, through additional resources. Page 157 November 27,2007 I'm even exploring right now -- we're in discussions with a major bank in the Midwest. We're talking about creating a hedge fund that basically we'd use local investment to basically underwrite providing down payment assistance for the purchase of housing, whether it be market or affordable. So we're going -- we are making inroads to make this -- when we come out of the box in terms of marketing -- I'm working with block and block (sic) to basically do that -- we're going to have a program that is going to offer a variety of different opportunities for a lot of very -- for a lot of different people to come in and buy a high-quality, high-quality affordable home. So that, you know, the luxury residences? I guess you'd probably refer to the market rate ones as luxury, but quite frankly, there's no difference in the spec between the two. That's the nature of a successful mixed-income development. COMMISSIONER HENNING: Are you done? MR. FIELDS: Yep. COMMISSIONER HENNING: Are you saying that the amenities in each of the units is going to be the same? MR. FIELDS: Yes. COMMISSIONER HENNING: Should that be in the agreement? MS. KRUMBINE: Again, this agreement is strictly to amend the timeline. That's all we were doing. COMMISSIONER HENNING: Okay. You said you're the managing partner. Who are the other partners? MR. FIELDS: My wife. COMMISSIONER HENNING: Okay. So it's just the two -- MR. FIELDS: Yeah. I'm not Bonita Bay, I'm not WCI -- COMMISSIONER HENNING: I didn't say -- it's just a simple question, you know. MR. FIELDS: I know, I know. I'm very sensitive. We're in a-- Page 158 November 27,2007 I would love to see this thing -- I was listening to Commissioner Halas. I'd love to be breaking ground today, to be quite honest. I'd love to. And we're committed to doing that. It looks, quite frankly, more realistically, if we're talking 2008,200 -- you know, things happen for a reason. I think we're coming into the market probably about the right time when things are beginning to loosen up. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was just going to ask -- I was talking with the Clerk of Courts, and they noted that this 320,000 actually is in addition to the other developer's fee of 30,000, which would be a total of 350,000? MS. KRUMBINE: Yes. And I was going to make that correction for the record. In the title, it says funding in the amount of 320,000. The -- we actually gave the nonprofit 350-; 320- was to buy the land, and 30,000 was a prenegotiated administrative fee. COMMISSIONER FIALA: Thanks. You didn't mean including, you meant in addition to? MS. KRUMBINE: That's correct. COMMISSIONER FIALA: Good. And the other question I wanted to ask you, do you think you could possibly clean up the property a little bit anyway, just mow it up or something? MR. FIELDS: Oh, yeah. No, we had people coming in pulling stuff and -- yeah. I know we've got the growth in there. We cut the exotics, all of that stuff so, yeah. COMMISSIONER FIALA: It just looks kind of messy. I thought maybe, you know, at least get people aware that you're going to try and clean it up and make it look better. MR. FIELDS: Sure. COMMISSIONER FIALA: Sometimes just an appearance as people drive by, because it doesn't really look very good at all, so -- MR. FIELDS: Sure, Donna. No problem. Page 159 November 27, 2007 COMMISSIONER FIALA: Thank you. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: Second? COMMISSIONER FIALA second. CHAIRMAN COLETTA: Motion to approve 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. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And let the record show the vote was 4-1. Commissioner Henning in the opposition. We're going to take a IO-minute break. When we come back, we're probably going to deal with county manager's comments and then -- we got a time certain at -- well, no. We got one at three. We'll be fine. MR. MUDD: You've got one at three. COMMISSIONER FIALA: Then we have got one at four, too, don't we? MR. MUDD: Yes, you have one at four too, but the one at three has got -- CHAIRMAN COLETTA: We'll work this all out. COMMISSIONER HALAS: Before we break for a break, I just -- the reason, as I said earlier, I just wanted to make sure that we were getting value received and that this project was moving on, and I felt that it needed to be addressed, and obviously Commissioner Fiala had some issues on this in regards to the property. So that's the reason that Page 160 November 27,2007 I wanted to bring this forward. CHAIRMAN COLETTA: Thank you. COMMISSIONER FIALA: Thank 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. Back to you, Mr. Mudd. MR. MUDD: On the last item, on lOX, Mr. Fields came to the podium and made a statement about the price of a particular unit, and he mentioned two different prices, but he said they were all the same. And I'd like him just for the record to correct -- it's one or the other, and I believe -- and I asked him about it, and he said, no, the first statement I made was incorrect. And he just wants to clear it up for the record. COMMISSIONER FIALA: 660? CHAIRMAN COLETTA: Mr. Fields, just so we can get the record straight. MR. FIELDS: For the record, Jim Fields, managing partner of Cirrus Pointe. I made comment -- apparently too much caffeine -- of $600,000, it's really $260,000 a unit average cost for the 108 units. Thank you. CHAIRMAN COLETTA: Thank you. Fine. We're just about ready to go. I'll tell you what, Mr. Mudd, did you have something under management -- manager's comments that were going to be very long or any comments at all? MR. MUDD: Sir, this comment will probably take a little bit of a discussion, okay, because I've got to get some direction from you. CHAIRMAN COLETTA: That's fine. Just checking. Mr. Weigel, did -- well, we've got about a minute. If you had something, too, that was of any length, we can wait and hold that till -- Page 161 November 27,2007 MR. WEIGEL: I can give you a minute or less. CHAIRMAN COLETTA: Okay. MR. WEIGEL: Just to let you know that the investigations that you directed relating to Olde Cypress and Pebblebrooke Richland PUD are expected to be coming back to the board, we think, December II tho That is the aim with the outside counsel that is working on it. So just to let you know that was the information. CHAIRMAN COLETTA: Any questions from the commission regarding that? (No response.) CHAIRMAN COLETTA: Okay. Thank you. COMMISSIONER FIALA: Sue just put this down in front of you. CHAIRMAN COLETTA: Oh, fine. I tell you what, Mr. Mudd, by the time we introduce everybody, we'll be at three o'clock. MR. MUDD: Yes, sir. Item #lOA DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS ON ACCEPTING AFTER-THE-FACT DEVELOPER APPLICATIONS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS AND PROVIDE DIRECTION TO STAFF TO AMEND THE CONSOLIDATED IMPACT FEE ORDINANCE. BOARD DIRECTION ON THIS ITEM WILL DIRECTLY IMPACT THE FOLLOWING ITEMS ON TODA Y'S AGENDA: lOB, IOC, IOD, IOE, IOF, lOG, IOH, lor, IOJ, lOK, IOL, 10M AND ION - MOTION TO ACCEPT AND HAVE STAFF WORK ON IMP ACT FEE PROCESS - APPROVED The next item on your agenda is lOA and is basically to obtain Page 162 November 27,2007 direction from the Board of County Commissioners to accept after-the-fact developer applications for deferral of 100 percent of the Collier County impact fees for owner-occupied affordable housing units and provide direction to staff to amend the consolidated impact fee ordinance. Board direction on this item will directly impact the following items on today's agenda: lOB, IOC, lOD, lOE, lOF, lOG, lOH, lOI, IOJ, IOK, IOL, 10M, and ION. Ms. Marcy Krumbine, your Director for Housing and Human Services from Public Services Division, will present. MS. KRUMBINE: Commissioners, in September, I came to you to talk a little bit about our impact fee deferral program, and I showed you this slide explaining the different types of deferrals we had through the impact fee ordinance. We spoke about what developers were able to do, the owner-occupied impact fee deferrals, and our rentals. And at that time you had directed me and the Affordable Housing Commission to go back and look at the impact fee deferral program, see what kind of changes need to be made and come back to you. Well, we have been looking at it, and as you know, I took over in housing and human services in February and actually have a whole new staff doing impact fees and the SHIP program. And through our putting everything together and making sure that we're doing things to the letter of the law and the ordinance -- and as the commission has directed -- we find that there have been some inconsistencies under the area of the developer, the third one down, paying first and getting the refund after. And I'd like to just take a moment to explain this to you. Okay. For the paying first parameters, our ordinance says that prior to receiving the building permit, the application must include a name and address of the applicant, up-to-date legal description of property, income level of owner, and square footage of dwelling unit. Page 163 November 27,2007 As we began processing some reimbursements for impact fees for Habitat for Humanity, what we found was that we had a number of applications that were requesting reimbursements and deferrals for owner-occupied units that did not put in an application first. So rather than staff doing anything ourselves, we just felt that it was beyond our purview of authority and that we needed to come to you and explain what we found and get direction from the board as to what -- what you want us to do. And the three issues that I'm bringing before you is, one, the noncompliance of the ordinance. The letters following lOA are 13 applications for owner-occupied deferrals that, again, have not submitted an application previous to paying for the permit. 10 -- I'm losing all the -- MR. MUDD: O. MS. KRUMBINE: -- 0, thank you -- are 41 units that we've already gone through the deferral process; you've already approved them through your agenda. Now they're asking for refunds on them and they never had the initial application. And we have at least 21 applications sitting back in our office of the same, so this is why we need direction on how you want us to proceed. And one of the things I wanted to bring to your attention is that when we spoke in September, we spoke about the 50 units per developer, and I just wanted to bring to your attention that through kind of circumventing of getting impact fee deferrals, obviously there's now 50 -- way more than 50 under -- under Habitat for Humanity. And, again, we're just bringing it to the board's attention so that you can decide, by policy, how you want to proceed. And then there are also some fiscal issues that we'd like you to learn about, and I'm going to turn this over to Amy. MS. PATTERSON: Good afternoon. For the record, Amy Patterson, Impact Fee Manager from Community Development. Related to the fiscal issues, obviously we have a tracking issue. Page 164 November 27,2007 The way that we envision this, if you should choose to continue to allow these applications to be made at the time of building permit application, what we would need to do is establish a way to track those applications. What that will enable is the impact fee trust fund administrators to know how many of these potential applications may receive an impact fee reimbursement so that when the developer comes in and asks for that reimbursement, they're not looking at a situation where money's been put into the trust fund and now is being taken out, they may have spent that money, there's budget considerations. We do set aside money or -- in the budget process for things, foreseeable refunds. That would be if a building permit's cancelled. There's different types of reimbursements that we routinely do. And we do budget for those, so this would be a situation that we would need to consider as part of the budget process. Related to the 3 percent cap. We have been very careful. All the years that this program's been in place that we've tracked that cap that we -- when the -- when the deferral agreement is recorded, that is the time that that money is put against the 3 percent cap, and that would continue. So the recording of these deferral agreements would ensure that the 3 percent cap is never exceeded. And again, as I addressed with the reimbursements, we need to set up a tracking procedure in order to make sure that the trust fund administrators are aware of the potential for reimbursements against those accounts. MS. KRUMBINE: So Commissioners, we are just looking at your decision options. You can agree to accept the after-the-fact developer applications or you can direct us to reject the after-the-fact developer applications and deny the impact fee deferral applications. And we'd also like future direction on amending the ordinance. Do you want 50 only in the developer names, and would you like all the agreements that come forward to have a qualified owner and Page 165 November 27,2007 recorded lien agreement in place? CHAIRMAN COLETTA: Okay. Commissioner Henning, I see your light's on. COMMISSIONER HENNING: I tried to find the application on line, and I couldn't find it. Where do they have to go to get an application? MS. KRUMBINE: There actually is no application for that -- that portion of the ordinance. There is an application for the owner-occupied and for the developer. What the developer does when they want 50 in their name, they send us a letter that says, you need to do this, this, and this, and they want these lots to defer. And it would be the same thing, and that's actually what we directed them to do. We gave them a sample of a letter saying, just present us with a letter saying that you want to, in the future, do that. COMMISSIONER HENNING: Right. Well, if we're going to go by the ordinance, shouldn't we develop a -- an application for them? MS. KRUMBINE: We can do that. COMMISSIONER HENNING: Okay. And maybe that's the reason for the confusion today. You know, my perspective, Habitat, you know it's going to be affordable longer than other organizations. So, I mean, I don't have a problem with, I guess what's called an after-the-fact application myself, Marcy, and I think you're trying to do a wonderful job over there, and I commend you for that, of going by the letter of the law. So I'm sure we'll get there. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. The problem from my standpoint is not approving some deferrals, impact fee deferrals, that for some reason got dropped through the crack. I mean, I think we can approve those kinds of things. The problem is, we cannot exceed the Page 166 November 27,2007 cap for the year in which these approvals should have been applied for. And the other problem is that we have a limited amount of funds that we can allocate to this program, and if we suddenly find that a lot of money is being used for catch-up for things that weren't caught in the past, we're not going to have money for the future deferrals of impact fees for other developers. So how do we make sure that we do this fairly? I understand the difficulty in giving us precise guidance on the fiscal impact if you don't know how many of these are lying out there waiting to pounce on you, but for us to develop a policy, we need to know what the fiscal impact is going to be. If we make the decision that we're going to recognize all of these after-the-fact developer applications, we have to understand what it does to the cap for the year in which these things were, in fact, applied and we have to understand what it will do to the cap for FY-'08; otherwise, we don't know what to do. Do you understand what I'm saying? MS. RAMSEY: For the record, Marla Ramsey, Public Services Administrator. Commissioner, the direction that we've received so far has been that we have a 3 percent cap, and so even if they come in the after-the-fact and ask for the deferrals, we will not the exceed the 3 percent cap at all. COMMISSIONER COYLE: Yes. MS. RAMSEY: So they take a risk when they do ask for the-- to pay it up front and then ask for a refund because there may not be money there to pay that. And if it's not in the fiscal year of which that it's requested, then it's too late and they don't get it. COMMISSIONER COYLE: Are you saying to me that if someone paid the impact fee in fiscal year 2006 or 2007 and are now applying for a refund, that we cannot pay them under any circumstances? We cannot give them the deferral or refund the impact Page 167 November 27, 2007 fee payment under any circumstance? MS. RAMSEY: We would -- we would be paying that out of the 2008 funds because that's when the -- requesting of the deferral at that point, and then there would be no -- if we're out of money, then we're out of money at that point in time. COMMISSIONER COYLE: And so our only solution then is to increase the cap -- MS. RAMSEY: Could, that's correct. COMMISSIONER COYLE: -- some way, or we just risk spending all of our money for deferrals and refund in impact fees now for one builder and we won't have any left for anybody else; is that a fair statement? MS. KRUMBINE: Again, going back to our September meeting, one of the things that I suggested was that we, perhaps, look at doing, instead of 100 percent deferrals, we look at 75 percent deferrals or 50 percent deferrals, options, to stretch our dollars longer. Because as we're going now, we will probably be out of impact -- that 3 percent in January or February. COMMISSIONER COYLE: Okay. When you say the way we're going now, does that mean if we take all of these after-the-fact applications and approve them at their full value, we won't have any money left for the nine remaining months of fiscal year '08? MS. KRUMBINE: Well, the short answer is yes, but it's not just because of the after-the-fact approvals. It's because that -- the impact fees have increased, and so rather than doing an $8,000 or $10,000 impact fee deferral, we're now doing 19,000 and 20,000 and 26,000, so the money is being used up faster. So -- you know, so it's not -- now, the numbers on this, what you have on the agenda right now is about 215,000, and then we have in our office another almost 350,000, those 21 applications, and we're estimating that Habitat for Humanity might have at least 40 or more out there, which might be 660 or more thousand dollars. Page 168 November 27,2007 COMMISSIONER COYLE: Yeah. My count is it's about 1.3, 1.4 million dollars -- MS. KRUMBINE: Yes. COMMISSIONER COYLE: -- that's just hanging out there right now. MS. KRUMBINE: Yeah. We have a million seven left for our impact fees. COMMISSIONER COYLE: So that will leave you with $300,000 roughly. MS. KRUMBINE: Yes. COMMISSIONER COYLE: That's not very good for the eight months remaining by January. Okay. CHAIRMAN COLETTA: If! may come in right behind you, Commissioner Coyle. You asked a question about increase it, possibly, from 3 percent to 5 percent? COMMISSIONER COYLE: I didn't say the number, but I said that seemed to -- CHAIRMAN COLETTA: You know, we got to put our priorities in this world in the proper perspective. Are we trying to do everything we can to provide for affordable housing, especially for those people that are 60 percent and below, or -- we really serious about doing it, or are we going to a point in time when the need is even greater in that particular market, say that we can no longer supply it? I, for one, would have no problem with going from 3 to 5 percent. I'm sure our county attorneys could come up with a legal nexus to get us there. MR. KLATZKOW: Commissioner, I've got problems the way we're set up now. We're starting to treat our impact deferral program as if it were a tax. Impact fees are not a tax. Impact fees are basically a user fee that everybody should basically pay the same, and the more that you take away from that program, the more it starts looking like a tax and you put the whole thing in jeopardy. Page 169 November 27,2007 Now, I know times aren't good right now, but if we had an outside funding source, whether ad valorem taxes or these affordable housing monies we've been taking in for a trust account, and we utilize that as some sort of revolving fund so that we didn't take it out of the impact fees, then you could do whatever you wanted as far as this program went. CHAIRMAN COLETTA: Okay. So in other words, you're saying that the voluntary donations that have been coming in that we've been holding in a special account, I guess, we have the clerk's office, might be able to be used to offset some of the -- MR. KLATZKOW: Yes. CHAIRMAN COLETTA: -- shortage? MR. KLATZKOW: I think it creates like a revolving fund, so you start taking it out of those monies, they would get paid back over time and, you know, you'd have a closed system. CHAIRMAN COLETTA: I like that. I like that. And as far as whether the impact fees are recognized and identified at the point of permitting or CO, I don't think that's the real issue. The real issue is to make sure that the proper person, the person that's eligible, is the one that's receiving this benefit. MR. KLATZKOW: That's correct. CHAIRMAN COLETTA: But I commend you for coming up with that solution to the problem. That would definitely get us there. Anybody know how much money we got in there at this point? MR. MUDD: Fifty-six thousand dollars. CHAIRMAN COLETTA: How much? MR. MUDD: Fifty-six thousand dollars. CHAIRMAN COLETTA: That doesn't go very far, does it? MR. MUDD: No, sir, it doesn't. You have a lot of -- you have a lot of promises out there, but they haven't come in either for the permits or haven't got the COs, and it's all part of the slowdown that we've got right now. Page 170 November 27,2007 CHAIRMAN COLETTA: Well, it was a good idea up to that point. MR. MUDD: No, it's still-- Commissioner, it's still a good idea, and it's just -- it's just not the time to get into it, but I think we should -- in this particular regard, I think we need to do a little bit of legal work to make sure that we're on solid ground in this particular case and work out all the kinks so that when those dollars do come into that trust fund that you can use it appropriately to have that outside source to help in this particular regard. I don't think it's a bad idea. Jeff and I have talked about this a while back. I mean, it makes all the sense in the world. It just -- the dollars don't exist. We've got IOUs. CHAIRMAN COLETTA: Is there a possibility that we might be able to come up with something whereby we would reimburse at a later date such entities as Habitat for Humanity? In other words, we run out of funds -- and they're definitely not going to stop building, but of course they're not going to be able to build as much. It's going to seriously hamper their ability to go forward if they have to pay for it. But we might be able to, at some point in time, recognize the fact that we're going to off-write it and do it after the fact when funds come in? Is that a possibility? MR. MUDD: Commissioner, we're going to have to work through the legal aspects of this one, okay? I feel like you're using my pink slip from my '57 Chevy, okay, and we're moving it around. Ijust -- we've got some things we've got to make sure we're on solid ground with, because you're basically saying, will you accept the IOU that we have for a different developer, okay, in order to pay this off when you put the lien down on the particular property. CHAIRMAN COLETTA: Well-- MR. MUDD: I understand. CHAIRMAN COLETTA: -- before I turn it over to Page 171 November 27, 2007 Commissioner Fiala, I'm going to make one statement. I think that if we're ever going to have the last dollar that we've got, if we get down to the point where it becomes push or shove, we have to recognize that portion of the market that's most deserving and most in need. I mean, the dynamics of affordable housing has changed dramatically in the past year, a lot of what we've seen in the gap end of it, what we've seen in the 100 percent end of it. There's market rate houses out there that meet their needs. We just heard one developer coming up with, what was it, I -- COMMISSIONER FIALA: 45. CHAIRMAN COLETTA: -- 145-, and ifthey got impact fee deferrals, they'd be like a hundred and -- in the hundred and the teens, when you get all through with it. So do we really have to go far out of our way to try to meet the whole market anymore? Maybe we need to be able to collectively look at those providers that can hit the 60 percent and below, which we're still above what they can afford to do. But just some common sense thoughts that I'd like to share with you. With that, let's go to Commissioner Fiala, then Commissioner Halas, then back to Commissioner Coyle. COMMISSIONER FIALA: With the 60 percent and below, you're right, they're the ones that are most in need. I would love to know -- and I know I've been asking for this for a long time -- what percent of our workforce earns 60 percent and below so we know what percent -- you know, how much of our workforce is needing this help. I'm going to get that figure, by the way. I'm working on that right now. I wanted to know, Marcy, are any other low-income developers violating this ordinance? MS. KRUMBINE: No. COMMISSIONER FIALA: Okay. Before -- now this is -- I'm going to say before but I'm saying two years, three years -- I know you Page 172 November 27, 2007 weren't here -- but did we always before have agreements that required a qualified owner and recorded lien agreement in order to get their impact fee deferral? MS. KRUMBINE: This is the original ordinance. Jeff, can you answer that question? Is the ordinance -- COMMISSIONER FIALA: The future direction -- you see that second one there where it says all agreements; is that what we always required before? MS. PATTERSON: Amy Patterson, for the record. Yes, the Immokalee program required an owner to be matched with the unit in order for them to record a deferral agreement, and that had to be done prior to the issuance of the building permit. There were no developer agreements in that program. COMMISSIONER FIALA: I don't know how we pulled away from that, but it seemed like that -- it seems like that would be the most responsible way of doing things. Then we'd know what we have. And not only that, it would give everybody a fair shot at it, too. I know MDG is coming up to be building pretty soon, and this -- and this guy, American Homes. You weren't here, but there was a guy from American Homes talking about building affordable housing. He didn't even know he could get an impact fee deferral for his people, and people like that should be able to also qualifY. It shouldn't just be taken, you know, in blocks so that nobody else can have any. So my suggestion would be, that -- that our future direction should be that all agreements require a qualified owner and a recorded lien agreement to -- to qualifY for an impact fee deferral. That's my suggestion. CHAIRMAN COLETTA: I could support you on that, very much so. COMMISSIONER FIALA: Good, thank you. Thank you very much. And I think that that's all I had at this moment. CHAIRMAN COLETTA: Let's go to Commissioner Halas, then Page 173 November 27,2007 Commissioner Coyle. We'll come back to you if you had anything else. COMMISSIONER HALAS: Yeah. I'm going to direct this question to Sam. Sam, how did we get into this situation? DR. DURSO: For the record, my name is Sam Durso. As you know, I've been an advocate of affordable housing for 15 years. Habitat for Humanity is a very fiscally sound organization. We always do things right by the book. We did do the Immokalee impact fee deferral program and assign homeowners in advance. We didn't at the time -- and I actually think that's a good suggestion going forward. But we followed your county staffs recommendations -- COMMISSIONER HALAS: And who gave you -- MR. DURSO: -- on this program. COMMISSIONER HALAS: And who gave you that recommendation? MR. DURSO: Originally Denny Baker, Cormac Giblin, and Lauren Beard, three very competent people, told us that's how we would do deferrals. COMMISSIONER HALAS: But the problem is -- MR. DURSO: Then -- let me finish -- can I finish? Then when the new affordable housing staff took over, they told us, just keep doing it the same way. I'm not sure you realize it, but 48 of these are ones that were brought before you, you approved them, so you agreed with the process because you approved them. Jim Coletta signed them, Dwight Brock signed them, everybody signed them. The lien has already been recorded on the property. We've already sold the houses four or five months ago. We just haven't got our money back, you know. So I mean, the after-the-fact thing, I think -- I'm not sure what the legal aspects of it is. I think on some of them we have a legal basis. There certainly is a moral basis on all of them for us to be paid back Page 174 November 27,2007 for all of these old ones. And the monies that -- going forward, I think that's a great idea. I think that will be much more difficult for us to assign a homeowner in advance, but that's the fairest way to do it, and we will adjust. You tell us how to do it, we'll do it. COMMISSIONER HALAS: There was a particular setup -- system set up in regards to this where you had to have the name and the address of the applicant before you got the building permit. MR. DURSO: No, that's not true. That was not true with this program. With this program -- COMMISSIONER HALAS: This is in our ordinance though. MR. DURSO: I see it in the ordinance now. I just looked at it. COMMISSIONER HALAS: Yeah. MR. DURSO: But your county staff missed that and you folks missed it. Everybody missed it. We're all part of it, but we're not the only ones. We missed it, county staff missed it, everybody missed it, okay. A couple weeks ago you approved some for Lennar Homes. I'm not sure they made it either because, guess what, nobody has yet to fill an application out. As Commissioner Henning said, there is no application. For the last month we've been scrambling around trying to find an application. There is no application. What they've done is just put out a letter and say, we're going to apply for an impact fee. That's not an application. So there is no application. The process is wrong. COMMISSIONER HALAS: You mean you didn't have to go to the -- to Marcy's office and fill out an application for one of these? There's no application in her office that says the name and address and MR. DURSO: Yes. But the process has been -- on the 50 that were in our name, we actually went to Marcy before we pulled the permit, okay, and we pulled them in our name and they actually did an impact fee agreement in Habitat's name. Page 175 November 27, 2007 Then when we found a homeowner for that, they then recorded an impact fee in the homeowner's name. So there's no problem with any of those. But we don't build 50 houses a year. We're trying to build 150 houses a year. We're the only ones that build for 60 percent and below. We've been the only ones that have done that for years. We may be the only ones going forward that will do that. So we do do that. But to build 150 a year, we need to pull another 100, and one way to do it, as Commissioner Fiala suggested, is to put a homeowner to it before we pull the permit, but that wasn't what was required. We were told, pull the permit. We were told by your staff, pull the permit, make sure you don't get a CO until you assign a homeowner, and that's the procedure we've used. So that's why all these families, the 13 on the agenda today, we don't have the COs on those houses yet. They're waiting to move in. The only reason we didn't get the COs -- we were told by staff -- and I know it went up to multiple layers of staff, and I'm not sure how high it got -- that all we have to do is assign a homeowner before you pull the CO. That's all we were told, and that's what we did. But I mean, you've got 48 that are already recorded, the agreements are already recorded in your name. So you people followed the same procedure. It was not the correct procedure. We agree. There should have been a correct procedure. You tell us what the correct procedure is, we'll do it. We just take directions from county staff. We contract with the county staff from what they've told us. I don't know if it's a legal contract, but we're doing what we are told by county staff. COMMISSIONER HALAS: I don't feel comfortable at all with this because I think that you should have -- there should have been rules followed and there shouldn't have been any misdirection from Page 176 November 27,2007 staff. CHAIRMAN COLETTA: Did you want to talk to staff about it? COMMISSIONER FIALA: Amy -- could we call Amy Patterson? COMMISSIONER HALAS: Yeah. MS. PATTERSON: Hi. I'm sorry. I missed the question. COMMISSIONER HALAS: Well, my concern is that Mr. Durso basically said that staff -- this is the direction that staff had given him, and I -- then he said it was with Denny Baker and Cormac. What part did you have to play in this? MS. PATTERSON: At the time of -- Amy Patterson, for the record. At the time of the adoption of this program, it was handled under the housing and finance office or -- it's had several different names -- under Denny Baker. It was a consolidated housing and finance office. We do handle the ordinance. But as far as the administration of the housing programs, qualifYing of the application, maintenance of the deferral agreements, all of that, was under Denny and under Cormac and his staff. COMMISSIONER HALAS: So I think what you're telling me, those two people took it upon themselves to address the policy however they felt it would fit the -- at the time. MS. PATTERSON: I don't know that I would say it that way. I think what we have is an oversight, a technical oversight of the ordinance. There should have been an application made at the time of the building permit application which identified these as future affordable units. That wasn't done for whatever reasons, and I can't say why; however, now we've found that, and in order for my office to be able -- we have two separate issues, those that don't have recorded deferral agreements, which is the 13, and the 41 that do. In order for those to be processes -- in order for the file to be complete and accurate, we need that now after-the-fact application. Page 177 November 27, 2007 COMMISSIONER HALAS: Okay. Marcy, can I ask you a question? In regards to this, when did you find this anomaly? MS. KRUMBINE: Well, I think what happened was, we started processing all the refunds once we got caught up. We're very anxious to do your backlog of -- do Habitat's backlog of all the applications, so we were processing all of them and trying to move forward, and we put all the refund kind of -- all the refunds to the side, and then we started doing them all together in the summer, sent them over to the impact fee deferral office because they're the ones that actually process it, and it was towards the end of August, beginning of September, again, where some of this all started to come to light. It was -- we're looking at the ordinance, as you directed us to do, and we're like -- you know, we sat and talked with Amy, we sat and talked with the county attorney. And so that's when it all started to come to light. And then we went further. I went to -- we went to our administrators, we went to the county manager, we said, how would you like us to handle it? And the direction was, bring it before the board so you can give us direction on what to do from this point. COMMISSIONER HALAS: Okay. County Attorney, we're in a dilemma here, and I'm hoping that you can give us guidance. It's pretty explicit in regards to the procedure that needs to be taken for application of these, and it's before the event takes place, correct? MR. KLATZKOW: Yes. COMMISSIONER HALAS: So how do we get out of this dilemma? MR. KLATZKOW: Well, I think there's past and I think there's future. As far as the past goes, when you come right down to it, when this program was set up, Habitat for Humanity was pretty much the only customer of this program. They were the ones who were out there actually building these homes. And I don't know if there really was anybody else doing it so that it really wasn't an issue then. It's become an issue now because we've Page 178 November 27,2007 got more people now trying to get a slice of an ever-decreasing pie, quite frankly. And so if you were to accept the after-the-fact developer applications, we can put the past to bed. Now it becomes, from a going-forward basis, I've always been much more comfortable with just dealing with the actual homebuyer so we knew that it was going to be an affordable house, we knew that the family had legal residency and, you know, the whole bit. And I would like to see the ordinance amended so that we get rid of this developer agreement system we have here and we simply only give these deferrals when we have an actual family in place. COMMISSIONER HALAS: I also want to make sure that we have a level playing field for all of the people out there that come up with affordable housing, and right now we don't have a level playing field. MR. KLATZKOW: Yeah. I think if you weren't simply giving them to the -- at the stage where you had a family that was identified for the home, you would have your level playing field, although it still would be first-come first-served basis. And if Habitat's out there, they're the ones who are first, so be it. The only way you could spread it out, I suppose, would be instead of having the money go until it's gone, you just break it down to one-twelfth so every calendar month you'd only have so many dollars available. COMMISSIONER HALAS: Okay, thank you. Thank you. CHAIRMAN COLETTA: Yeah. If! may chime in about a level playing field, it will never be a level playing field. No one out there could ever compete with Hospice -- or not Hospice. My God, Maryann, forgive me -- with Habitat, for the simple reason they've got so much volunteer help, so many donations. So when you get down to a level playing field, it doesn't exist. I agree with you, everybody should have a shot at it. But as long as Page 179 November 27,2007 Habitat's got the ability to be able to build a given number of homes, we need to recognize the limits of their ability. Anyone else that could come at a level of Habitat, great, let them come in there, then that would be a level playing field. My own personal feeling. I didn't mean to disrespect what you said though. Commissioner Coyle? COMMISSIONER COYLE: Yeah. We can't solve this problem today because we don't have all the answers. We particularly can't solve it for going forward today, but we do have a moral obligation to refund impact fees. If people who are living in those homes meet the requirements, they're entitled to this impact fees refunded if they've already been paid or have them deferred if they haven't been paid. So I would suggest we do what Jeff Klatzkow has suggested, treat it in two parts. The first part is, let's clean up the backlog. The right thing to do is to refund it to the extent the money is available. And if the fund is depleted by January, or in January, that we use the time from today until January to have the staff and the County Attorney's Office research ways and sources of funds that we could use that would not put us in jeopardy, particularly with the use of impact fees. And so I would make a motion that we -- that we recognize our moral obligation to refund these deferrals to Habitat for Humanity, do so with whatever we have under the cap at the present time, and then on a parallel track ask the county manager and his staff, ask the county attorney staff to begin researching a way to fund this process properly in the future. COMMISSIONER HENNING: I'll second that motion if you include that only owner-occupied affordable housing apply for the deferrals. COMMISSIONER COYLE: That's fine with me, yeah. COMMISSIONER HENNING: Yeah. I mean -- and that way it Page 180 November 27,2007 COMMISSIONER FIALA: Versus what, rental? COMMISSIONER HENNING: Well, no, no, no, I'm sorry. On this deferral program where you have deferrals of owner-occupied, that the -- that the owner would apply for the deferral instead of the developer. COMMISSIONER COYLE: Well, one of the problems though is that in this case Habitat for Humanity has already paid the impact fee and they've got -- they've got a person -- a qualified person living in the home now. There's a lien against that property because we've granted a deferral, but actually Habitat for Humanity's paid the deferral fee. They want their money back. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: So in those cases, we've got to give them their money back or remove -- MS. KRUMBINE: Or release the lien. COMMISSIONER COYLE: -- or remove the lien. MS. KRUMBINE: And that's the 41. COMMISSIONER COYLE: Yeah. MS. KRUMBINE: That's item O. COMMISSIONER COYLE: So we've got a couple of different things here, but it's all the same issue. COMMISSIONER HENNING: But how about put in your motion don't accept any further developer impact fees. I mean, as far -- because you have several of them out there, they don't have people to qualifY but they want to build a unit and then find an owner. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: And I just don't think that's a good process that we should be getting into. COMMISSIONER COYLE: Well, I agree, and I know what you're getting at, but the problem is that a builder will sometimes go ahead and pay that impact fee, as Habitat for Humanity did, so they Page 181 November 27, 2007 can begin to build, and then when they build it, they've got something they can make available to a qualified applicant. COMMISSIONER HENNING: But here's the problem. You're going to run out of -- COMMISSIONER COYLE: Yes, money. COMMISSIONER HENNING: -- funds before that actually is done. And, you know, I have confidence in Habitat to find the owners in advance; is that correct? DR. DURSO: In actuality, you know, we would be very appreciative to get the old money back and stop it as of right now, okay. It will be much harder for us to find the homeowners in advance, but we should be better at it than anybody else. But I'm planning to pull -- and I hate to tell you this, but I'm planning to pull 50 permits in December. And guess what, we're going to pay the impact fees on those 50, and we'll never get that money back. I don't plan to get that money back. I mean, I'd like you to come up with a proposal in the future to give us that money back, but unless you have an application or some way I can do it, I need to pull those permits. Now, you know, I probably will get homeowners for some of them, and the ones I get homeowners for, we will put their names in. You know what I'm saying? But it is a little more difficult to do it that way, but I think it's the fairest way. If you want to be the fairest way to everybody, sure, unless there's a homeowner, you don't get a deferral. So that means, get rid of the 50 developers also so that the only way you have an impact fee deferral is the way the old Immokalee program worked. The old Immokalee program, we had to actually have a homeowner before we picked up the permit, and that's the fairest way to distribute your impact fee money. It's still going to be harder for all of us to do it that way, but I think that's the fairest way. COMMISSIONER COYLE: Yeah. Well, just to continue, Mr. Page 182 November 27,2007 Chairman, I agree with that, but the problem is that there are other developers here, and so if we're going to start establishing a policy, we need to take the time to take into consideration all of the people who are involved in affordable housing development. And so I'm merely responding to issues that are before us on this agenda item and I'm saying, I think we have a moral obligation to refund those impact fees to the extent we can with the funds we have available and then to ask the county manager's staff and the county attorney's staff to work on a longer-term solution that takes into consideration the situation and the interest of all of the people who are building affordable housing, and that will give us a month or two months to come up with a longer-range policy that does what Commissioner Henning would like to do and do what Sam Durso has suggested, but let's -- let's give this thing a chance to be heard publicly and get some of the other developers' opinions and see what we can do about developing an effective program. COMMISSIONER HENNING: Well, I still support the motion. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, a second by Commissioner Henning. And we also have how many speakers? MS. FILSON: Nine. CHAIRMAN COLETTA: Okay. Now, you see the way -- the direction the commission's going, so you may want to designate a couple of spokespeople. Sam, you're supposed to sit down now. COMMISSIONER COYLE: Yeah. The chance -- the chance for approval is inversely proportional to the number of speakers that you have. CHAIRMAN COLETTA: So what -- I'm sorry, Sam, did you have some last-minute thing you need to add? DR. DURSO: I just want to make sure that the 13 families are Page 183 November 27,2007 included. So A through 0 is all included. That's the word I've got from the audience. So if that's the case, I'm waiving. Is everybody else going to waive along with me? Okay. COMMISSIONER HENNING: Can we just call out their names, Mr. Chairman? CHAIRMAN COLETTA: Yeah, we have to do that. We'll do that, but let's first make sure we understand it's A through 0, okay. Both the motion maker and the second agree. And now call off the names, and we'll see if anyone wants to talk us out of it. MS. FILSON: Monica Martinez. COMMISSIONER COYLE: Okay. You just lost it. MS. FILSON: She'll be followed by Pat Jilk. CHAIRMAN COLETTA: That's okay, dear. MS. MARTINEZ: Hi. For the record, I'm Monica Martinez. My name is Monica 1. Martinez. I was born and raised here, Naples Community Hospital, born. I've been here 29 years. Nowhere else. I work at Lely Elementary School, now going on seven years. I started out as a general assistant, now I run the front office. Proud to say, you know. I was selected to become a Habitat for Humanity owner in April of 2007. My two children, Nyssa and Marissa, who are 10 and seven years old, were ecstatic to know that we would have a decent house to live in. Right now the girls and I share 300 square feet of living space, a small addition to my landlord's house. Our unit consists of a tiny living area, one bedroom, and one bathroom. The girls sleep together in one bed and I sleep on a futon in the living room. When we shower, we have to take all the clothes out of the bathroom so I can take a show the girls can. That's the only closet that we have. For this we pay $550 a month, here in Naples. I worked my 500 hours for sweat equity. I paid my $1,000 deposit, and my application of impact fee deferral was submitted to the county Page 184 November 27,2007 on September 14th of 2007. On October 8, 2007, Habitat for Humanity was notified that I had been approved and I was eligible for 100 percent deferral of impact fees. This is very important to me, because if I have to pay the impact fees, I could no longer afford the house. Now I understand that something is in the process that has been changed. I may not qualifY for the impact fee deferral and, therefore, may not be able to buy the house. I have already given my notice to my landlord. My children were looking forward to the first Christmas in their new home. Now I don't have the heart to tell them that we won't be there. So I ask you, please, carefully consider this decision. Thank you. MS. FILSON: The next speaker is Pat Jilk. CHAIRMAN COLETTA: I need to ask a question. Ifwe -- if we move this forward today, can we get these people in their house by Christmas? MR. MUDD: Commissioner, you'll get -- if the direction is to accept after-the-fact developer's applications -- and I believe that's what it is, that's what you did, it's the first bullet, and you told us to work on the future direction. You've already given us previous guidance to go back to your Affordable Housing Commission and work through the ordinance and what it is -- CHAIRMAN COLETTA: Right. MR. MUDD: -- there's been some discussion on the dais today, and we'll take that into account and go back to the Affordable Housing Commission with your concerns, because I believe what they were going to tell you in January was, leave the system alone and -- the way it is, and I'm not too sure that's what this board was talking about today. But if it's to accept the after-the-fact developer application, then you would -- you would approve B, C -- and you would approve the refund to Habitat for Humanity and at the same time you would be Page 185 November 27,2007 approving the deferral with the applicant that I'll read into the record when you -- before you take your vote. And in this particular case, those deferrals will be there. And then, Sam, if you had those deferrals and they were -- and they were in and the agreements were signed, would that lady that just spoke, would she be able to move into her house before Christmas? DR. DURSO: I was already promised by your affordable housing staff they will process the paperwork fast enough that that person will be in by Christmas. The house is ready. CHAIRMAN COLETTA: Thank you. Next speaker? MS. FILSON: Pat Jilk? MS. JILK: Waive. MS. FILSON: Thank you. Karl Wyss? DR. DURSO: Don't speak. MR. WYSS: Nope. MS. FILSON: David Pash? MR. P ASH: Waive. MS. FILSON: Maryann Durso? MS. DURSO: Waive. MS. Filson: Doug Rankin? MR. RANKIN: Waive. MS. FILSON: Sam Durso? MR. DURSO: Already spoken. MS. FILSON: Cormac Giblin? He'll be followed by Bill Klohn. MR. GIBLIN: Good afternoon, Commissioners. I did have some prepared remarks, but in light of the motion, I did want to just -- I am on your -- for the record, Cormac Giblin. I'm a member of your Affordable Housing Commission, and we have been assigned the task by you to review this impact fee ordinance and its procedures. And I just wanted to bring you up to date that we have been diligently working through that, and can -- the county manager is correct, in fact, that at our very last meeting, we formed -- started to November 27,2007 form some recommendations, and some of our recommendations were to leave much of the same in place. The -- some of the reasoning behind that -- and I understand the direction that's been given is to explore an amendment to the ordinance to require that someone be matched with a name, a qualified applicant, at time of application that would be before the time of building permit issuance. For an organization like Habitat for Humanity, who has a waiting list of 100 or 1,000 applicants a year, that may be relatively easy. But when we start talking about affordable housing providers in the private sector, like an Ave Maria or Heritage Bay or Waterways Development, these developers are building multi-unit, multifamily buildings, of which they would need to have -- if it's an eight-unit building, they would need to qualifY all eight potential buyers before they can even pull that permit to pour the slab. And when you look at multifamily development or planned unit developments, that's not really the way they work. They usually build the building and then sell it either during the construction phase or after -- in some cases after it's already been constructed. So that was the reason why the initial program allowed the developer to pull 50 -- maximum of 50 permits in their own name without a -- before identifYing the potential applicant. So I just wanted to raise that issue. And one of the reasons that the Affordable Housing Commission voted to leave the program pretty much intact was that, you know, the problem here is that we have affordable housing providers here who are building houses faster and more than the county program allows, and we saw that as a good thing. You know, any time we have the private sector doing more and faster than the county could ever imagine, we saw that as a good thing, and we don't want the county to be a roadblock in the way of the private sector providing affordable housing. Thank you. MS. FILSON: Your final speaker is Bill Klohn. Page 187 November 27,2007 MR. KLOHN: For the record, my name is Bill Klohn, President of MDG Capital Corporation. First of all I want to applaud this commission and staff for their hard work in the -- recognizing the need and importance of impact fee deferrals, whether it's under 60 percent or under 50 percent or a gap person. As an example, a deputy sheriff that's earning 40-, $50,000, may be laden with college debt or medical debt. He's just as much in need of an impact fee deferral as the folks that are under 60-. So all folks are different. I agree 100 percent with Cormac so he saved me a few minutes here. But I want to stress that multifamily is different. More importantly, as an example, buildings that we build, 21 units, three stories, those buildings take nine months to build, six to nine months to build, and a user, they're income might change during that period, and they may have been qualified in the beginning and not qualified when the building was done or vice versa. Maybe they wouldn't have qualified in the building but qualified at the end. And these types of folks that are occupying these units, they can't wait nine months. Sam, I think you'd agree, someone that's coming out of an apartment might say, gosh, I'm ready for my unit in 30 or 60 days, so you've got to build that inventory ahead and keep moving, and I think the program where the developer pays the impact fee up front and receives a credit when he identifies an appropriate person is the way to go. And multifamily's much different. We can't identifY 21 people in a 2 I-unit building ahead of time. And I think there's even criteria that there's a six-month time period where they'd need to be reevaluated again from an income limitation. Thank you very much. Yes. CHAIRMAN COLETTA: We've got Commissioner Halas, then Commissioner Henning, then Commissioner Fiala. Page 188 November 27,2007 COMMISSIONER HALAS: Let Commissioner Fiala go. I'm-- I got -- my question is before we take the vote. COMMISSIONER FIALA: Bill, I wanted to just ask you. We're talking about fairness here and you're talking about what you're building and Ave Maria and Lennar Homes and so forth, and you're talking about building in units. Maybe not at this time, because this isn't the time to do it, but I think there needs to be a discussion and maybe a committee of people who build affordable housing units to discuss how this should be handled so this it's equitable, so that everybody gets their fair shot at those impact fees, because you're right, it's not only the lowest of low income that need it, it's other people as well. And just because they make $2,000 more than, say, the $2,000 limit, that doesn't mean that they have any more money. So I would love to see a committee formed somehow to come up with a solution that you might recommend as to how we should handle the impact fee distribution. And maybe you could just talk to Marcy or something and give input and maybe -- I don't know if that seems like a good thing to do -- because you guys know the best. MR. KLOHN: And whether it's Sam or companies like our company, we can project out just about within five units of how many units we're going to build that year and all get in a circle and say, how many do you need, so that we're not being unfair or fighting. And I'd be happy to serve on that committee. COMMISSIONER FIALA: Okay, thank you. CHAIRMAN COLETTA: Commissioner -- I'm sorry. COMMISSIONER FIALA: Thank you for letting me go. CHAIRMAN COLETTA: No, that's okay. That's what we're here for is to try to make things -- Commissioner Henning, did you want to wait till they finish? COMMISSIONER HENNING: Well, you know, the fairness is, is first-come first-served. If somebody builds eight unit and they don't Page 189 November 27,2007 have all applicants, say, they have 70 percent, is that going to stop them from building it? I would say not. You know, the bottom line is, you want to get somebody in a house. And first-come first-served, I think, is a fairest -- the best way to do it. So I kind oflike the direction that the board said initially, and it does need change because you're going to have a lot of commitments out there but we're going to run out of money, so you've got to do first-come first-served. CHAIRMAN COLETTA: Do we have another speaker? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: The vote that we're going to be addressing here is A through 0, is that correct, or A through-- MR. MUDD: Sir, I would suggest that you give us the direction on A, tell us what it is. Once I have that, then we'll go to each one individually, because you're not only doing the refund, but you're also doing the lien, okay, and then we'll just take votes individually on each one of those items. Because what A's asking for is your guidance. COMMISSIONER HALAS: Okay. MR. MUDD: 0 is a little bit different, okay, than B through N, okay, because in that particular case you have a lien on the property already. You're not -- you're not approving the lien -- excuse me -- a deferral. You already have the deferral that's already been filed in the county records on 0 for 41 properties, and now we're looking for the refund. What you have in B through N are -- they're asking for the refund and they're also saying here's -- here's the -- here's the qualified owner of the property, and we want the deferral to be filed. CHAIRMAN COLETTA: So County Attorney, you agree, B through N, we can't roll together? MR. KLATZKOW: No, you could if you wanted to, but I think Page 190 November 27,2007 Mr. Mudd's absolutely right, you should vote on A first. CHAIRMAN COLETTA: Okay. So our motion is for A standing alone; is that correct, Commissioner Coyle? COMMISSIONER COYLE: Yes, that's correct. CHAIRMAN COLETTA: You agree, Commissioner Fiala, the second? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Let the record show the vote's 4-1; Commissioner Halas in the opposition. Item #IOB A LIEN AGREEMENT WITH GARRY JEAN BAPTISTE AND SYNDY JEAN BAPTISTE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 26, BLOCK II, NAPLES MANOR LAKES AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007041982 IN THE AMOUNT OF $26,204.83- APPROVED Page 191 Item # lOC November 27,2007 A LIEN AGREEMENT WITH ARACELI RAMIREZ (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 8, LIBERTY LANDING AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABIT A T FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007020738 IN THE AMOUNT OF $12,442.52 - APPROVED Item #IOD A LIEN AGREEMENT WITH ROBERTO MACIEL CHAVEZ AND GLORIA MACIEL (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 15, TRAIL RIDGE AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2006064370 IN THE AMOUNT OF $13,616.20 - APPROVED Item #IOE A LIEN AGREEMENT WITH DA VID LICOT AND NANCY LICOT (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 121, TRAIL RIDGE AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007012026 IN THE AMOUNT OF $19,372.52 - APPROVED Page 192 November 27,2007 Item #IOF A LIEN AGREEMENT WITH JEAN S. JEAN NOEL AND MARIE 1. MONTFORT (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 5, LIBERTY LANDING AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007020743 IN THE AMOUNT OF $12,442.52- APPROVED Item #IOG A LIEN AGREEMENT WITH CLAIRICIA ACHILLE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 7, LIBERTY LANDING AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABIT A T FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007020740 IN THE AMOUNT OF $12,442.52 - APPROVED Item #lOH A LIEN AGREEMENT WITH MONICA MARTINEZ (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 14, TRAIL RIDGE AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON Page 193 November 27,2007 BUILDING PERMIT 2006064365 IN THE AMOUNT OF $13,616.20 - APPROVED Item #Ior A LIEN AGREEMENT WITH MIGUEL VERA VERA AND MARIA ELENA VERA (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 16, LIBERTY LANDING AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007020728 IN THE AMOUNT OF $12,442.52- APPROVED Item #IOJ A LIEN AGREEMENT WITH MARISE OMEUS (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 18, TRAIL RIDGE AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2006064384 IN THE AMOUNT OF $13,616.20- APPROVED Item #IOK A LIEN AGREEMENT WITH GUERLINE MATHIEU (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 13, LIBERTY LANDING AND Page 194 November 27,2007 AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007020732 IN THE AMOUNT OF $12,442.52 - APPROVED Item #IOL A LIEN AGREEMENT WITH INEL TANIS AND ALMONISE TANIS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 19, BLOCK 14, NAPLES MANOR LAKES AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007052698 IN THE AMOUNT OF $26,240.68 - APPROVED Item #IOM A LIEN AGREEMENT WITH NICOLAS HUERTA LARA AND JUANA CORTES ALVAREZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 16, TRAIL RIDGE AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2006064377 IN THE AMOUNT OF $13,616.20 - APPROVED Item #ION A LIEN AGREEMENT WITH JEAN C. JEAN PIERRE AND MARIE JOSE JEAN PIERRE (OWNERS) FOR DEFERRAL OF Page 195 November 27,2007 100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT II, BLOCK 6, NAPLES MANOR LAKES AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007041987 IN THE AMOUNT OF $26,204.83- APPROVED MR. MUDD: Okay, Commissioner. Then, based on the board's direction, we'll take lOB through ION, because they're all for a reimbursement to a particular impact fee that was put down when the permit was pulled, and then you're also approving on those separate items the deferral for each qualified owner on the particular item, and that's lOB through ION. COMMISSIONER COYLE: Motion to approve. CHAIRMAN COLETTA: Okay. And second? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Coyle, a second by Commissioner Henning. 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: Let the record show, 5-0. MR. MUDD: Okay. Then it -- and I'm just crossing them off. Page 196 November 27,2007 Item #1 00 DIRECTION RELATED TO THE ACCEPTANCE OF AFTER- THE-FACT DEVELOPER APPLICATIONS FROM HABITAT FOR HUMANITY OF COLLIER COUNTY, INCORPORATED FOR 41 PROPERTIES AND THE REIMBURSEMENT OF IMPACT FEES PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT AND EXECUTION OF AN IMP ACT FEE DEFERRAL AGREEMENT - APPROVED (IN THE 2007 CAP) Brings us to 100, and today we had a correction to this particular item, and it had originally stated 48 properties, and we put into the record 41 properties. Sam, it's okay. We'll figure out where those other seven are at. And this is a recommendation that the Board of County Commissioners provide direction related to the acceptance of after-the-fact developer application for Habitat for Humanity of Collier County, Incorporated, for 41 properties and the reimbursement of impact fees paid prior to issuance of building permit and execution of impact fee deferral agreements. Now, all the deferral agreements on these 41 properties have already been approved by the board and they're already on file with the county records, so that part's done. Now we're looking for reimbursement for the 41. Now, I want to make sure that the board understands one thing. These impact fee deferrals were put on the properties in '07, so they will not be coming out of your 3 percent cap. This reimbursement will come out of the 3 percent cap in '07, and you had around $700,000 left of that cap. You didn't exceed it; you were short of the cap. So I just want to make sure that in this particular item on 0, it's Page 197 November 27,2007 coming out of the '07 cap money, not out of your '08 cap. COMMISSIONER HENNING: Move to approve. MR. MUDD: That had to be put on the record. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Let the record show the vote was 4-1, with Commissioner Halas being in the opposition. MR. MUDD: Okay. Commissioner, that, pretty much, outside of lOR, completes what we had, and we're now to either -- public comment, Ms. Filson, on II? MS. FILSON: I have no public comment. MR. MUDD: Okay. COMMISSIONER HENNING: No, we've got one more. CHAIRMAN COLETTA: We do. COMMISSIONER COYLE: Time certain. COMMISSIONER HENNING: Strada Bella. CHAIRMAN COLETTA: But that's a four o'clock time certain. MR. MUDD: Is he here? COMMISSIONER HENNING: Yeah. Item #IOR Page 198 November 27,2007 RESOLUTION 2007-341: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF STRADA BELLA (OLDE CYPRESS PUD). THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - ADOPTED MR. MUDD: Oh. We're ready, that's fine. lOR is -- this item to be heard four p.m. It's a recommendation to grant final approval of the roadway, private, and drainage improvements for the final plat of Strada Bella, which is the Olde Cypress PUD. The roadway and drainage improvements will be privately maintained. Mr. Stan -- MR. DeANGELIS: Steve DeAngelis. MR. MUDD: Steve, okay. Stan Chrzanowski. MR. DeANGELIS: Oh, you're going first? MR. MUDD: Yes, I think so -- Stan Chrzanowski for -- the Senior Engineer -- Engineering and Environmental Services Department, Community Development and Environmental Services Department, will present. I believe Mr. DeAngelis will have an opportunity, I promise, to speak. COMMISSIONER FIALA: Nice tie. MR. CHRZANOWSKI: Thank you. Good afternoon, Commissioners, Stan Chrzanowski. If my voice goes, I've been nursing this for a couple of weeks now. It will go away eventually; my voice probably. What this is, this is the final release on Strada Bella, and the reason you're seeing it instead of having it come through on consent agenda is because recent board decisions have made staff decide that if there are any questions at all, we should not put these on consent agenda. And the few questions on this one, I think, had to do with PUD monitoring, outstanding PUD commitments. Even though they don't Page 199 November 27,2007 affect this particular project, they are for the entire PUD. And there was some type of opinion that any bond inside any PUD could be held for any commitment of the PUD. We're not sure we ever got a firm direction on that one way or the other. But if you look at this, this one is fairly straightforward. The bond was given over to the homeowners association, and the homeowners association wants the bond released so they can pay the contractor. It's that simple. I guess Mr. DeAngelis might want to add a little to that. MR. DeANGELIS: For the record, my name's Steve DeAngelis, and I'm the management company for Strada Bella at Olde Cypress. And to bring you up to speed about what happened there, the developer disbanded the area, and an investor came in. Investor sold the lots to a builder, and nobody claims to be a developer. So long story short, the homeowners association, along with the investor, worked out a deal that the bond money would be assigned to the homeowners association, and the builder and a couple other representatives would work to get through the issues and get the county to release the bond money. Well, during that period of time, the builder didn't do what he was promised, and I ended up as the management company taking it over and making sure that everything got done. We brought in vendors from other resources that I have, and they haven't been paid in over 200 days. We finally finished off the project. We got the approval from the county. And we thought the bond money would be released to the homeowners association to pay the vendors off, but we got looped into the PUD issues. And that's my story. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: It's -- you know, the bond was for building the roads within the -- this particular part of the community, and I don't -- I don't think that we should try this case. If Page 200 November 27,2007 you want to try some -- try one on a developer who is owed the bond, so I'm going to make a motion to release this bond. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COLETTA: Okay. I have a motion by Commissioner Henning, a second by Commissioner Fiala. And we have two speakers. MS. FILSON: Two speakers. Rich Yovanovich. I don't know how he registered. I don't see him. CHAIRMAN COLETTA: Maybe he's out in the hall. Could you stick your head out there? COMMISSIONER FIALA: I haven't even seen him. CHAIRMAN COLETTA: I'd hate to make the man lose his opportunity . Who's the second speaker? MS. FILSON: Second speaker is Blaine Spivet (sic). CHAIRMAN COLETTA: Blaine? MR. SPIVEY: I'll wait just a minute to see if Rich is going to be here first. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Make a motion to deny. CHAIRMAN COLETTA: No? I guess you're on. MR. SPIVEY: I'm it. COMMISSIONER COYLE: You just saved a lot of money in attorney fees. CHAIRMAN COLETTA: Yeah. He can't bill you. MR. SPIVEY: Can I charge the same fee? Thank you. My name is Blaine Spivey. I am an employee of Stock Development. I run their community services division, which handles their association management throughout their developments. We've been asked to step into this situation. We were involved with Mr. DeAngelis and Strada Bella community in assisting them to come to a resolution with the former developer and agree with his Page 201 November 27, 2007 assessment, that his bond should not be held up with -- because of outstanding PUD issues within the entire community. And that's kind of where we come in. We're looking -- as county staff indicated, we're looking for some guidance also on this new rule of whether it's part of the LDC or not part of the LDC, requiring homeowners to sign off on what the county has approved, asking that they sign off -- sign a particular letter saying that they agree with that. We've had homeowners that didn't sign off because they want to hold us hostage for other improvements unrelated to the PUD commitments. We have another homeowner association that is not comfortable signing it because they don't feel qualified and feel that at some point in time somebody may come back on them from a liability perspective. The other issue is that what if a developer -- an association or a homeowners group does not sign the letter? There's no provision right now for us to take the next step. There is no next step. And then from a legal perspective, we feel that it's not part of our construction and maintenance agreement that we signed with the county from the get-go. It's like we ran a lOO-yard dash and now you're telling us we've got to go another 10 yards. We feel we're getting burdened with something that we shouldn't have to deal with at this particular point. Now, if that becomes an issue with the -- later on and it becomes a permanent part of the LDC, so be it. We would just like to kind of be held at the standard that we started out with in this particular situation. And I think that's about all I have to say about that. Thank you very much. CHAIRMAN COLETTA: Thank you, sir. Mr. Yovanovich, last call. COMMISSIONER HENNING: No, he lost his chance. CHAIRMAN COLETTA: You lost your place in line, but we'll Page 202 November 27, 2007 let you come back up, now. MR. YOV ANOVICH: Who said I was a good guy? Sorry for being late. I was stuck in traffic. Discounted rate. Okay. I don't know what Mr. Spivey just got done saying, but -- I used your stairs. I'm getting out of shape. The issue we see is one of a legal nature. The documents that we signed are all related to subdivision improvements. The documents specifically say we get our money back when we perform the subdivision improvements, yet we're not getting our money back. The county staff is refusing to give the money back. So what we need is direction to your staff to live up to the legal documents and not require others to sign off and approve unrelated improvements or even related improvements because they're not qualified to sign off on those documents. Stock Development and many other developers have millions of dollars tied up in bonds. They'd like to get that money back. What we've been told from staff -- and I'd sent an email to Mr. Schmitt. I don't know if it's in your agenda package or not -- outlining some of the issues we've seen. And I did hear some of what Blaine said, that we're having trouble having people sign off on subdivision improvements because they're not qualified to do that, or they decide that this is an opportunity to get a little additional out of the developer and see it as an opportunity to renegotiate. So we're, quite frankly, finding it difficult to live up with the new mandate as we've been told from the commission, that until we can get someone who's unrelated to the developer to sign off on the subdivision improvements, we cannot have our money back. And this was really the only opportunity we had, short of a public hearing or a public petition request, to make this issue known to the commission. And we hope that the commission will direct staff to no longer require us to get the signoff from an unrelated resident, live up Page 203 November 27, 2007 to the documents we're required to sign as part of this subdivision platting process, release the monies once we meet final inspection, which not only requires our engineer to say everything's been met, but your own inspectors to say everything's been met, and at that point let us deal with whatever issues there may be unrelated to the subdivision issues through the proper process and not hold our developer monies for a purpose that really they're not designed to protect, and the protection is for infrastructure for subdivisions and not PUD commitments. And I hope I didn't repeat too much of what Blaine said. But again, I apologize for being late. But the documents themselves, if you look closely, tell you what they're for. We've lived up to that and we're entitled to have the money released. CHAIRMAN COLETTA: If! may. MR. YOV ANOVICH: And I'll answer any questions you have. CHAIRMAN COLETTA: Yeah. Commissioner Henning's the motion maker, and has his light on. COMMISSIONER HENNING: Yes. Give you an example of Olde Cypress, Stock community, they have some commitments that are not fulfilled that, you know, I don't think staff checks whether those commitments are made or not, and that's the landscaping -- permit of landscaping buffer that's not there. There is a park, 3.2-acre park that is not there that's on a built-out community that's not on the plat that probably should be on the plat, then you have jogging trails that Mr. Spivey and I are trying to work out. And from what I understand is, the district is not going to allow them to do it in the preserves. So you have commitments out there and you can't fulfill it. So how do we -- when you, Rich Y ovanovich, stands up there and says, Commissioners, I want you to approve this PUD ordinance and you have commitments in there, how do we keep those commitments? MR. YOV ANOVICH: Well, there's a couple of things that come Page 204 November 27,2007 to mind. First of all, there's an annual PUD monitoring report that we're required to file. If there's a commitment in that PUD, it should be on the monitoring report, and your staff gets the monitoring report every year, and every year we have to answer where we stand on those commitments. And if we've met the commitment, we say we've met the commitment on -- and how we've met the commitment. An example might be a roadway dedication. That's always on a PUD monitoring report. We say, that's been satisfied. COMMISSIONER HENNING: How about a 3.2-acre park? Is that on Olde Cypress? MR. YOV ANOVICH: I don't know. I don't -- I haven't seen it, but if there's a commitment in the PUD document, it should be as part of the PUD monitoring report. To use subdivision bond monies, which are specifically referenced in the document to address subdivision improvements, your staff does review the construction plans to make sure they meet your code, and they do inspect all of the improvements to make sure they've been, one, constructed according to the approved plans and, two, meet county code. And when that happens, the construction part ends, we get 100 percent of the money back, and 10 percent stays for the one-year maintenance. At the end of the one-year maintenance, another inspection is done to verifY that the subdivision-related improvements are done. So there is the guarantee. That bond is very specific. If you read the documents, if you read your form letter of credit, if you read your form performance bond, or you read your form construction and maintenance agreement, they all reference the subdivision improvements, and it says when we've met those requirements for the public subdivision improvements, we get our money back. COMMISSIONER HENNING: Well-- MR. YOV ANOVICH: And those -- Page 205 November 27,2007 COMMISSIONER HENNING: I would say a park is a subdivision improvement, but it's on the plat. It's in the PUD, and I'm sure it's on the DRI, but it's not in the plat. MR. YOV ANOVICH: It's not a required level of infrastructure provided pursuant to your subdivision regulations. And this bond is provided pursuant to your subdivision regulations. You're trying to address an issue -- and I don't think there's anything wrong with trying to address that issue as far as developer commitments, but you're trying to grab money that's been put aside for different improvements, and you're clearly violating the language in the documents that we're required to provide to you and violating the subdivision regulations. So the form of -- you have the PUD monitoring report, which is one mechanism. I think your staff is probably -- I know they've said it to other clients of mine, that if they don't live up to their commitments, they're going to withhold issuing building permits if the requirements aren't met. There are enforcement mechanisms out there, but one of them is not going after the subdivision improvement bond. That's not the mechanism that's provided for in the Land Development Code or provided for in the documents themselves. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: I haven't heard a solution. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: My motion still stands. CHAIRMAN COLETTA: Okay. We have a motion. We have a second. COMMISSIONER FIALA: Tell me -- would you restate the motion. COMMISSIONER HENNING: Motion to release the bond. MR. MUDD: Commissioner, can you modifY that motion? We'll -- the item -- the item is basically grant final approval of the Page 206 November 27,2007 roadway and drainage improvements for the final plat for Strada Bella. When you do that, we release the bond. COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Does the second agree? COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: Who's the second? COMMISSIONER HALAS: Does that include the traffic signal, too? COMMISSIONER HENNING: Yeah. That's another commitment on that -- COMMISSIONER HALAS: Right. There's a traffic signal on here. COMMISSIONER HENNING: Yeah, there's several commitments, but it doesn't pertain to this particular bond. I mean -- and like I said, it's not held by the developer. It's held by the residents of the homeowners association. MR. YOV ANOVICH: And I guess what we were also hoping for is if we can get some guidance as to what is going to be the county's standard operating procedure when other -- and we have other plats in this situation where we're ready for final acceptance but we're told we can't even come to the Board of County Commissioners unless we have this letter. What are we supposed to do if we can't get a letter? We never get our money back? I mean, that's part of the issue that -- I'm sure it's not part of the motion in this particular item, but it would be -- it would be nice to have some guidance as to what we do in other similar situations. Or does every item just -- every subdivision -- could we at least get on the agenda for all these others? COMMISSIONER HENNING: If you're asking me, come up with a solution of the commitments under the Olde Cypress PUD. I mean, we had a dialogue, and I didn't -- I didn't see any answer so, you know, how can I help you out if you're not going to help me out? Page 207 November 27,2007 MR. SPIVEY: Can I step in for just a minute, please? First of all, we're not trying to run away from any of our -- as most of you know, we assumed that development after it had been platted. It had already been platted, and in that plat there was no allowance made for a 3.9-acre park anywhere in there. When we got it, all of the land was platted for a particular use. Our monitoring reports were filed. We've discussed every year whether or not they were handled at stafflevel appropriately. It's not my call to make. When we turned those in and never got any notice -- we have yet to get an official notice of a deficiency in any of our commitments. We realize there are some deficiencies. We aren't running away from those. We know there's a traffic light out there. We haven't gotten an invoice for that. We're fully prepared to pay that whenever that does arrIve. The same with the park and the hiking trails. We're trying to work that out. There is just physically no place to put a 3.9-acre park in there without taking somebody's home, or several homes. We're -- we need guidance on how to deal with that situation now that we've gotten to this point, and I think we all have to share in that responsibility a little bit for getting to that point. The other issue is that we have other developments in the county. Lely, for example. Ifwe have to wait until all of the PUD commitments are completed before we get one neighborhood performance bond back, we'll be without that money for a very long period of time. And if you have any other questions about anything -- you know, we're not -- if anybody thinks we're trying to run out on these commitments, they had to have their head in the sand for a while because we're very much aware of what those issues are, and we're doing everything we can to deal with them, to include trying to get the definition of a park. Page 208 November 27,2007 What can we use as a criteria to try to establish a park in that? Do we take a driving range away from the golfers and convert that into a park? Do we take the old aqua range? What do we do? That's what we're trying to get some guidance on here. We're trying to work with you on this thing for a variety of reasons. Steve DeAngelis is -- that whole neighborhood up there did a wonderful job of making the system work the way it's supposed to work. When a developer goes belly up and doesn't fulfill its commitments, they stepped in. We assisted with that, got the bond assigned to them. They were able to do the work at great effort and successfully, and then they were held up up until that point, and I appreciate that action at least. I'm sure they do also. If you have any other questions, just ask, please. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Fine. Okay. Let's go to Commissioner Halas and then Commissioner Fiala. I think I got it right. COMMISSIONER HALAS: County Attorney, as you know, we've had some problems in the past. We've had the different homeowner groups that come before us in a workshop, and I think all of us are concerned that we want to make sure that the commitments that were put in place are addressed before it's turned over to the homeowners association. And I think that all of us are concerned that if we turn this performance bond over, will this developer come back and address the commitments that were still out there, such as the traffic light whenever that needs to be put in? MR. WEIGEL: Okay. Well, the agreement -- agreements that they are talking about, the construction and maintenance agreements, they take various forms of either -- either a bond or letter of credit or an escrow funding. They were crafted approximately 16 -- 15, 16 years ago and Page 209 November 27,2007 became exhibits to the Land Development Code, were adopted by the Board of County Commissioners and for many, many years were interpreted and applied as a contract specifically referring to the subdivision improvements, typically water, sewer, road, sidewalk, and those were the elements for which the bond or the escrow amount was determined. There is a value that's put in place. As Mr. Y ovanovich indicated, 100 percent is put in place, and after that capital improvements are completed and reviewed by the county staff to conform with county standards, then that bond or escrow amount or letter of credit is reduced allowing for 10 percent to remain for one year during a maintenance period, and after that one year is up, there is a reexamination of all of that infrastructure, water, sewer, road, sidewalk, as an example, to determine if, in fact, they are still meeting county standard. And if they are meeting county standard, that 10 percent typically, over many years, the practice has been for the remaining 10 percent, bond or escrow amount or letter of credit amount, to be released. Often, but not always, at that time that infrastructure became the property of Collier County, and, of course, that was the reason why it was to be built to county standard in the first place, or at least one of the reasons, was if the county were to take over the roads, take over the water and sewer, sidewalk, or not -- because in some cases with gated communities, not all of those things come over to the county, but the idea was that the value put in place in the contract in the first place related to the value of that infrastructure and not to every other element of value within that community that was to be built. So, again, there's been a practice over many years that the construction and maintenance agreement relates to that which is specifically described within the document. There are other means for the county to assert remedial measures Page 210 November 27, 2007 when they're a failure of commitment on behalf of developers and succeeding property owners. And, of course, what we've been wrestling with a long time here is the county becoming involved to some degree with the private property rights that come with homeowner associations and persons that purchase property. And we have -- and the county has had certainly great concern and provided assistance to achieve positive results in the completion of those commitments that are there within the PUD. But I think there are contractual limitations. And this board -- I should say previous boards within the LDC had adopted a format that it had a fairly uniform practice until recent time. And I would suggest that that practice continue. COMMISSIONER HALAS: The practice that we presently have or the old practice? MR. WEIGEL: The old practice that the agreement specifically described and had a value related to the subdivision improvements, the capital improvements that were there. Weare maintain -- attempting to maintain a leveraging of the bonds or escrow amounts for elements that are outside of the value of the original determination of the bond in the first place. I just think there's a certain logic to that. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No. That was the question I was going to ask. CHAIRMAN COLETTA: Okay. So we still have a motion, we still have a second. 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. Page 211 November 27, 2007 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Okay. Mr. Mudd, I believe that completes the agenda. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: And we go to your report? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Yes, sir. We've had a series of requests that we speak to at least two homeowners associations about the upcoming property tax amendment, and I -- and one request is for Pelican Bay and the other one is for Pelican Marsh. And I will tell you, it's very difficult to figure out how you get the information out. I mean, if you saw the public announcement, it was a full page piece in the paper, and it had a one-line sentence that basically says, reduce taxes, and then it went through a series of things to try to read, and it was very difficult to make heads or tails out of the details that were behind it. And some folks out there would like some clarification to that particular language. There are some things in the amendment that cause me some concern. There are promises made to the interior counties that they would be made whole based on a doubling of the homestead exemption on the third quadrant, okay. The first quadrant from 0 to 25, you get it now, and the next one you'll get it 50 to 75, and you'll be taxed between 25 and 50, and that's a doubling of the Save Our Homes. Well, where does that money come from in order to make the Page 212 November 27,2007 interior counties whole? Because most of them are already at the 10 mill cap or close to it. And when you start talking about that kind of money and property values that aren't that high in those interior counties, you talk about some serious financial issues within those counties. The other -- the other piece that is unanswered is, we know based on the financial estimates that were passed out prior to this amendment being voted on in Tallahassee that our school district in particular is going to have a $5.7 million shortfall on the given year that it gets implemented. Well, how does that school system get the monies to make up for the 5.17 Because they're supposed to come out ofthis whole. And those are unanswered questions. And if we, staff, go out and talk that particular issue, I would be just as frank with those homeowner groups as I am right now with you about the holes in the particular legislation as they vote on them. And that's about as much as we want to do. Or does the board not want to involve staff, and would the board like to designate one of the -- one of the commissioners in order to try to fulfill, or does the board want us to just stay away from the particular issue? I just need some guidance here because I know if I go into Pelican Bay and give a presentation, I'll get 20 editorials, half of them will be saying you did a great job and half of them would say you did a bad job, and they don't agree with whatever the heck we talked about. And I've been there once before, and it's not pleasant, and I'm not too sure I want to go there again. I need to get some board direction on what you want us to do with these requests. CHAIRMAN COLETTA: Let's go to Commissioner Henning first. COMMISSIONER HENNING: Abe Skinner is going out to the community and explaining the constitutional amendments or the Page 213 November 27,2007 questions on the ballot. That would get you out of the situation, if you want to defer those to Abe Skinner. MR. MUDD: Okay. What Leo just told me is Abe's being invited along as far as a panel is concerned. So I'm just -- I'm just trying to get some direction, does a board member want to go and -- CHAIRMAN COLETTA: Commissioner Halas next and -- COMMISSIONER HENNING: Yeah, I'll be glad to go. CHAIRMAN COLETTA: Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: I think what we need to do is find out what is the largest question and try to answer that, or if there is a series of questions that are the same type of questions and try to answer them in regards to what we can best figure out what's been put on the ballot or what this amendment's all about. And as you said, it's a whole newspaper article and very fine print so there's a lot to it. And it's almost, you need to have legal staff get involved in trying to answer the questions. I think that's where it really needs to be addressed. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. One of the things I've learned over the years is that your whole audience will hear what you have to say, many of them will hear only parts because their neighbor just talked to them so they missed part of it. They'll hear out of their own mindset, so they're going to interpret what you said as they then repeat it to their neighbor, who then interprets and repeats it again. The story changes every time it's interpreted. My suggestion would be -- I think it's good that you go out. More and more and more people are telling me all the time they don't understand it and they wish somebody would tell them, but I think we ought to have some kind of a handout. Just bullets. Not a lot of writing, bullets, tells you exactly what this, this, and this is for every audience member to pick up, and you ought to ask them to pass those Page 214 November 27, 2007 bullets on through their email system so everybody reads the same thing. They can interpret what they wish, but at least they start from the same starting point. And anyplace you go -- and same with Abe Skinner. Anyplace he goes, hand out bullets so that people can actually read rather than interpret. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I think we have to go out and try to educate the public about what this bill will do. The problem is that we're only one agency among many. Abe Skinner is going to discuss the effects upon the assessment process and the Save Our Homes cap and things of that nature. He's not going to address the impact on county services and what we can or cannot do about it. And the same thing is true of any other elected members of government when they go out and talk. Nobody is going to tell our story. And let's face it, we don't have all the answers either, but what we can certainly do is tell people what we think is going to happen. We can interpret it to the best of our ability, and then if we don't -- if we really cannot define the impact on us, we need to tell people that. We cannot understand how the transfer of funds by the state government to interior counties will impact our revenue. We have no way of knowing that. We have no way of knowing what the impact will be for making the Save Our Homes eligibility transportable. There's no way to know that, and we have to tell people what the possible alternatives are. And if we don't do it, they are going to be more and more confused and less and less capable of making a decision. I think bottom line is, how can you vote against transportability of the homeowners -- or the Save Our Homes thing? I mean, they're good things that appeal to taxpayers. The point is, they need to understand the implications of that vote, and unfortunately it is not a Page 215 November 27, 2007 complete package. It is not comprehensive tax reform. It's, you know, just a couple bells and whistles for Christmas presents for voters so they'll vote for appropriate people at the next election. So it's -- it doesn't solve our problem is the point. And I think you've got to it tell people that the problem was that there was five years of wild speculation and out-of-control development that resulted in huge increases in property values which meant higher taxes and higher assessments, and there's nothing about this bill that will stop that. And until we -- until we get a bill that will deal with that issue, we will have the same thing occur in three or four or five more years when this economy begins to turn around. So we're going to just go through peaks and valleys, peaks and valleys, and people are going to get hurt every time. But I think you've got to tell somebody this. We've got to get out and talk to them. COMMISSIONER FIALA: Will the sheriffs office be with you also? Because they're going to have an important story to tell as well. MR. MUDD: Commissioner, from what I understand, they're -- I can't tell you on this particular one. There's a panelist group that's supposed to be going in this forum, and this one's the Pelican Bay Property Owners Association I'm talking about specifically. I can get with Mr. Trecker, the president of the property owners association, to find out exactly who he's inviting to be on this panel. COMMISSIONER FIALA: Yeah. I would suggest if you have any input at all, you invite the sheriffs office along because it's definitely going to affect them as well as the fire service. COMMISSIONER HALAS: Fire department. COMMISSIONER FIALA: Yes. And so I think -- because you can speak for EMS, but these others must be included because people are very concerned about their safety and their welfare. So anyway, that would be my suggestion also. Page 216 November 27,2007 CHAIRMAN COLETTA: I think that's a good suggestion. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: But do you need a little more direction than that? MR. MUDD: I just want to make sure you're okay if I'm going to basically talk about the county. COMMISSIONER FIALA: Oh, yeah -- CHAIRMAN COLETTA: That's fine. COMMISSIONER FIALA: -- absolutely. And go to anybody who invites you and take the whole entourage with you, accept every offer, if you wife will let you, to go out that much. COMMISSIONER HALAS: If I have a flac jacket, I'll go with you. COMMISSIONER FIALA: If you have what? COMMISSIONER COYLE: They're going -- they're going to talk about beach access there, too. MR. MUDD: That's all I have, Mr. Chairman. CHAIRMAN COLETTA: Thank you. Let's hear from the commissioners. Let's start with Commissioner Henning. COMMISSIONER HENNING: Nothing. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Nothing. CHAIRMAN COLETTA: I do have something. I'll go last. Commissioner Coyle? COMMISSIONER COYLE: Okay. I have just one item. You will recall that some time ago we decided that we wanted to get the input from the Planning Commission on the Cocohatchee settlement, the agreement that we were negotiating at that point in time. There continues to be a lot of confusion about what it is we want to do, and I'm not at all sure that it's been properly implemented yet. It has been postponed at least once. And I'd like for us to give some guidance so that we can get this Page 217 November 27,2007 moving along, otherwise, it's just going to linger for a lot longer period of time. Basically this is my concern. When I read the settlement, it is difficult for me to determine what the potential impact of the settlement will be on our Land Development Code and its interpretations and whether or not we're going to get back into a situation like Cap d'Antibes. So I would like to get the Planning Commission to take a look at this so they can tell us what those provisions in that agreement are likely to do, both negative and positive. I am not interested in the Planning Commission telling me whether I should have a settlement or not. That's not the Planning Commission's job. Settlement issues are legal issues and they're issues to be determined by the Board of County Commissioners. I don't mind if they venture an opinion on it, but that's not my reason for getting it to them. My reason for getting it to them is for them to look at what we are saying in that settlement agreement and advising us whether or not there are disadvantages to the county contained within that agreement, and I'd just like to understand that. So what I'd like to do is to get us to say to the Planning Commission, look, schedule a workshop so that you can all get together and talk and share your ideas about this in public, and then after that's happened, have the chairman come here to our meeting where this will be discussed to provide a summary of the consensus of the members of the Planning Commission and that way we get the benefit of their input. They can also talk with any of us and all of us independently, and I would encourage them to do that. So basically that's where I was thinking we would go with this. And I'd just -- I wanted to bring it up because it just seems to be lingering and going on and on and on. CHAIRMAN COLETTA: Yeah. I like what you're saying. There's only thing that troubles me a little bit is that we do put a lot on Page 218 November 27,2007 the Planning Commission. I would -- I would think that their written opinion would be more acceptable than having to have another person leave work to be able to come in and explain it to us. They might willingly do it, but I'm afraid we're getting to the point we're going to overburden a voluntary group. COMMISSIONER COYLE: Yeah, I understand. As long as we get their input, whether it's in writing or in presentation. I just want -- they're good at their job. They know what they're doing. CHAIRMAN COLETTA: They do. COMMISSIONER COYLE: And they do it more thoroughly than we do it. And I don't want to miss the opportunity to let them review this agreement. CHAIRMAN COLETTA: Okay. Fellow commissioners, I agree with it. How do you feel? COMMISSIONER HALAS: Well, yeah, I just -- I was going to chime in there; that's why I've got my light on. CHAIRMAN COLETTA: Good. We'll come -- Commissioner Henning, I don't know if you came before Commissioner Halas or not, but -- COMMISSIONER HALAS: I was next. CHAIRMAN COLETTA: Go ahead, sir. COMMISSIONER HALAS: Okay. Since this is in my district and, of course, all of us on this dais, we spent probably the better part of two and a half hours discussing negotiations to move this thing forward -- at the time we assumed that we had a logical agreement, all the parties that were sitting here and going through the motions of discussing what needed to be done and directed. It was voted on, everybody concurred with it. Then, of course, it came back, and I believe at that point in time is when Commissioner Coyle made the suggestion that this be moved down to the Planning Commission, and obviously we've run into a stalemate here. Page 219 November 27, 2007 I believe this needs to go to the Planning Commission to be vented (sic). And as Commissioner Coyle brought up, is to make sure that the LDC, as it was written at the time this was approved, along with the GMP, that everything fits accordingly. I think that's where you're going with this thing. So I feel that -- and I think that the Planning Commission is looking forward to looking at this issue. I know I've had a number of calls from different people on the Planning Commission that would like very much to look at this whole PUD. So I hope that we've got support here so that this moves forward, and I believe there's already a date established and I believe it's been advertised or about to be advertised, December the 12th. MR. MUDD: December 13th. It's like the 12th or 13th of December. COMMISSIONER HALAS: Yeah. So I would hope that we can move in that direction. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, you know, our staff could evaluate it on seeing if there's any deviations from the Land Development Code and the impacts of it. COMMISSIONER COYLE: You want to really discuss that here and now? I would -- if I can respond? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Please do. COMMISSIONER COYLE: I'll just be quite honest with you. I don't trust the staffs evaluation on these. It was staff that made a decision on Cap D'Antibes. Now, I'm not trying to be personally insulting, but I want -- I want somebody who looks at the larger issues. Time and time again we have -- we have had people come before us and tell us that there's a certain interpretation that should be applied of our codes. And just recently I saw one where there was a difference of Page 220 November 27,2007 opinion between the staff and the County Attorney's Office, and the county attorney was good enough to point out, no, that's wrong. Now, we all do that. You know, none of us has a perfect interpretation of these codes. And so I don't want to sound like I'm being critical of staff because I think the comprehensive planning staff does a pretty darn good job and they've been -- they've been carrying a heavy load. The problem is, I want the broadest possible interpretation or broadest possible review. That's all I'm saying. CHAIRMAN COLETTA: Would you accept staffs recommendations also in addition -- COMMISSIONER COYLE: Of course. COMMISSIONER HENNING: No. I understand where you're coming from, and I'm glad you clarified, it's not demeaning to the staff because some of us up here don't like that, but I understand where you're coming from now. COMMISSIONER COYLE: Yeah, and that's why I didn't want to discuss it because I didn't know how to say that without having it interpreted as being critical of staff, and that's not my intent. I just think that a lot of times we all focus on things that are specific to our job assignment and we don't necessarily look at it from a broader perspective. I do that. I think lots of other people do that, too. And so I just want the Planning Commission to have a shot at this. They are very capable. They delve into these issues in details. I want to know if there's any inconsistent language, anything confusing about this that's likely to be misinterpreted. I am right now somewhat confused about how the agreement and the PUD document correlate and whether or not there are any possible ways to interpret changes there. And I need to get that sorted out, and I'd like to have the Planning Commission's help. CHAIRMAN COLETTA: I think you've got enough support to Page 221 November 27,2007 have that happen. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Mr. Mudd understands. There's no questions? We're clear enough? Anything else, Commissioner Coyle? COMMISSIONER COYLE: No. That's it for me. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER COYLE: Did we resolve that? I mean, is it okay? MR. MUDD: Yes, sir. COMMISSIONER HALAS: That's exactly where we need to go. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I just want to say that I think that this morning's discussion with the South Florida Water Management raise a lot of flags, and I'm looking forward to working or listening to them at the workshop, and I think that will give us the ability to make sure that those people understand that we have done due diligence in this county as far as trying to provide the adequate water resources for the citizens here. So I look forward to it, and I hope that we can hopefully change their mindset. Thank you. CHAIRMAN COLETTA: Thank you, sir. I got one item. On November the 8th I received a letter from the North Naples Fire Control and Rescue District. I think this is going to be dear to everyone's heart. Dear elected officials -- and they sent this letter not only to myself, but to Mayor Barnett, to City of Marco Island, to the chairs of Immokalee Fire Control, Big Corkscrew, East Naples, and also the Fire Service Steering Committee. This letters serves to identify the commitment of the Board of Fire Commissioners of the North Naples Fire Control and Rescue District to pursue the study of possible merger of independent and Page 222 November 27,2007 dependent fire districts, city fire departments, county fire and emergency services in Collier County, into a single, independent fire district. All interested parties have spent a great deal of time discussing and debating the consequences of merger of emergency services within the county. It is our belief that the time has come to specifically identify the serious commitment to pursue a study of this issue possibly by an external consultant specializing in mergers of fire districts and departments. We can all agree that the primary goal of each provision of emergency services within the county has been to deliver the best service in the most economic and efficient manner to our taxpayers. With the recent and proposed property tax reform legislation and the accompanied revenue reductions for local government, it would seem timely to actively investigate the feasibility of establishing joint servIces. This letter represents the desire of this district board of fire commissioners to proceed with the efforts to pursue the study of joint servIces. We respectfully request written verification from any other entity desiring to participate so we can actively proceed with those entities' similar commitments. And this is signed by Chris Lombardo, the chairman of the North Naples Fire Department and a number of his committees and a number of commissioners on that. And he sent copies to all the fire chiefs in the area. Well, I think the interest has sufficiently picked up now where there's public acceptance and a lot in the way of the fire departments. A lot to be said for what the unions are doing now. I don't know if you're aware or not, but the unions recently have consolidated their efforts countywide, and they're moving towards the Page 223 November 27,2007 same direction. There's even talk taking place now about possibly combining Corkscrew and Golden Gate under one common chief. All this is going forward, and I know in the past this commission has been very supportive of the idea of the consolidation. And I'd like to bring this up for discussion. And Commissioner Halas, your light's on first. COMMISSIONER HALAS: Yeah. I had a meeting with Chief Brown of North Naples Fire District, and he's very much in agreement that we need to start moving forward. And I told him that we needed to at least get one or two other districts to talk to one another, and hopefully that something can move in that direction, and then at that point in time we can probably discuss the combining of the fire departments. Ifwe can get two or three of them to go together, then we can probably make a discussion in regards to the EMS portion of it. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think Commissioner Halas is absolutely correct. We're not going to get them all to participate. There are some that just will not do it unless they are dragged into it. COMMISSIONER HALAS: And they'll cave. COMMISSIONER COYLE: And -- but there are some that recognize that it's the right thing to do for them, and I think we need to encourage them to begin working together in whatever way we possibly can. We must be careful, however, that EMS is not fragmented and the quality of service that we provide is not compromised. And so what I'm saying to you fairly plainly is, we cannot let this process become a subterfuge for taking over EMS unless it's going to be done for the entire county. COMMISSIONER HALAS: Exactly. COMMISSIONER COYLE: So we need to impress upon the fire departments that we wholeheartedly support their willingness to Page 224 November 27,2007 work together and consolidate, and under those circumstances, I believe we've communicated in the past that we would be happy to take EMS and transfer it to a central fire EMS organization. But until we get that combination, it is dangerous for us to start piecemealing it from the standpoint of EMS. CHAIRMAN COLETTA: Can we respond to this letter? COMMISSIONER COYLE: I think you should. I would encourage it. CHAIRMAN COLETTA: Okay. That's the first thing. I got one other issue I want to bring up about this. But is there enough support for directing me to write a letter? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: And I'll send a draft of the letter to the commissioners before it goes out to make sure. COMMISSIONER FIALA: Copy everybody on there. CHAIRMAN COLETTA: You better believe it. Commissioner Henning, then -- COMMISSIONER HENNING: What are you going to say in the letter? CHAIRMAN COLETTA: I'm going to say that we agree with the principle. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: But I will draft it in such a way that it will be non -- what do you want to call it? MR. WEIGEL: Binding. CHAIRMAN COLETTA: Non-binding to the point where any commissioner should feel offended by it. COMMISSIONER HENNING: Yeah. Just make it evasive, okay? CHAIRMAN COLETTA: You want to write it? COMMISSIONER HENNING: No. CHAIRMAN COLETTA: Okay. Another thing that I'd like to Page 225 November 27,2007 talk to you about is -- COMMISSIONER COYLE: You've got the county manger. CHAIRMAN COLETTA: When I'm through, Mr. Mudd. I'll be right to you. MR. MUDD: It will be the same item on fire? CHAIRMAN COLETTA: Yeah, the same item on fire. MR. MUDD: Okay. CHAIRMAN COLETTA: Okay. There's a certain old guard out there that, for reasons unbeknownst to me -- of course, I think I understand what it may be. It's the old business of protecting the feasten -- that are going to do everything possible, as they have done in the past, to try to waylay this along the way, to plant the poison pills as they go forward to make sure there are guarantees that this will not happen and that they'll be able to maintain their own ineffective feasten out there in perpetuity. Now, there's something that we can do, and I'd like the commissioners to think about it and to discuss it, and that would be to put it on the ballot as a referendum -- it would be a straw poll -- to be able to get the sentiments of the community out there who, I believe, would be very supportive for this particular thing to take place, a countywide referendum to be able to give direction to all the fire commissioners, the county commission, to all entities out there that should be influenced by that, what they should do. Please. COMMISSIONER COYLE: May I? CHAIRMAN COLETTA: Yes. COMMISSIONER COYLE: I think it's a very good idea. I think strategically what it will do is it will flush out those people. We know who they are, but it will flush them out for the public so the public will know who they are because they will feel inclined to encourage the public to vote against the referendum against the consolidation. I, like you, believe there's enough recognition now that having so many independent fire districts in Collier County is not in the best Page 226 November 27,2007 interest of our taxpayers. It is too costly. It is not the right way to provide for important health, safety issues. Can you imagine if we had six or seven sheriffs departments located in Collier County? You know, that doesn't make sense, does it? And so it doesn't make sense for the fire departments. So, yes -- we can't make them do any of this. They have to do it themselves, but we can certainly help them and encourage them, and I think your idea is a good one. CHAIRMAN COLETTA: Is there a possibly a referendum could be placed on the January 29th ballot or has that opportunity gone by? COMMISSIONER COYLE: It might be too late. CHAIRMAN COLETTA: Too late? MR. KLATZKOW: I don't know. It might not be too late. We can certainly contact the Supervisor of Elections right away and get that right back to you. MR. MUDD: Deadline -- I think the deadline's December 4th. And see, my problem with it is, you want to look at the language to vote on it -- CHAIRMAN COLETTA: Yes. COMMISSIONER COYLE: Yes. MR. MUDD: -- before it gets there. But I believe the 4th is the deadline. MR. KLA TZKOW: I know we're close. COMMISSIONER COYLE: Yeah. Could I suggest an alternative? You need some time to plan for this, and you don't really have much time over the holidays to do this and get people organized. If you put it on the November election, you've got plenty of time and you could get it organized, and those fire departments that want to support it would have an ample opportunity to generate support for it and we could help them. And so I would suggest, let's not rush too quickly, although it would be good to know, but let's maybe plan it for November of next Page 227 November 27,2007 year as a referendum question. CHAIRMAN COLETTA: That's good. That's good. COMMISSIONER HALAS: I think that's a smart way of doing it. A smarter way. CHAIRMAN COLETTA: Good. Any other input on this? Mr. Mudd, I didn't mean to cut you short, but I didn't want to lose my train of thought. MR. MUDD: No, no. The referendum piece, we'll start working on the language with the County Attorney's Office, and then we'll come back as time progresses here in January, February, get you to tell us, yes, it's the language that you -- that you feel comfortable with. It might take you a couple of meetings to get through that, so then that will give us enough time to make sure we make the cutoff in July and to get that on. The North Naples response. Part of that request was, would you like to participate in an outside consultant coming in to study a unified fire and EMS. And in that particular regard, I think that's within the intent of this board. And I believe in that reply you should talk about, yes, we would be -- we would be a player in a unified fire/EMS, one department, for the county in that study. And I believe -- and that way you won't be evasive but you'd be right on -- right on target with them, and I think that's -- CHAIRMAN COLETTA: And it's still not committing anyone until we find out exactly what the plans are for a consultant, what the ramifications would be and, of course, how the costs would be shared. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: But I love the idea of a private consultant that's not going to come up with anyone particular point of view, but just be able to deal with the facts. Just the facts, man. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Anything else, Commissioner Coyle? I'm sorry, Commissioner Henning, I missed over him. Page 228 November 27,2007 COMMISSIONER COYLE: Yes. Commissioner Henning wanted to say something earlier. COMMISSIONER HENNING: Yeah. I think it's a good idea to -- I mean, obviously you're talking to people that I haven't had the privilege to have information. But don't you think it would be a better idea for certain members of the fire department family to petition the board to put the question on the ballot? And, you know, it's -- I just think it's a cleaner process. CHAIRMAN COLETTA: Myself? I don't. I think the best idea is to start working towards that direction and receive their input. I'd rather them not carry it through the door. Once again, there's a certain element within the fire community, they'll try to plant a poison pill to guarantee that the thing will fail. That's my concern. I've seen this -- I've seen this happen many times before when they were looking at consolidation. COMMISSIONER HENNING: Obviously that -- you've talked to somebody that says, we're in favor of consolidation. Wouldn't you think it would be better to talk to whoever you talked to and say, why don't you come to the board and ask them to put a question on the ballot, should we have a consolidated EMS and fire department in Collier County? That's all I'm saying, Commissioner. CHAIRMAN COLETTA: Well, of course, we want everybody's feedback we can get, Commissioner Henning, anyone that wants to come forward and be able to offer us whatever advice they can. This commission's always taken everybody's opinion into consideration before it made a final decision to go with it. And once again, too, what we're talking about -- we may not even need it. As we start to move forward with it, we may find this thing takes up enough momentum on its own where it might not even need a straw ballot, that the answer will be evident. We don't know. I mean, having all the way to November gives us plenty of time for a lot of things to flesh out. Page 229 November 27,2007 I'm sorry. Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: Okay. I'll be very brief. First, the consultant issue is a really good one. There are a number of fairly recent consolidations of this type that have occurred in other states, and they seem to be working out very well. And I believe some consultants were involved in those. So it's a good idea we get some expertise involved in the process. But secondly, I'd encourage you to reconsider Commissioner Henning's suggestion. Fire departments, sometimes justifiably, get irritated if they think that we as county commissioners are trying to make decisions for them. And we don't have authority over them. And it would probably be a good thing if they were to initiate a referendum process, and if they were to come before us and petition for this, and we could assist them in that respect, and that way it wouldn't appear like we're just trying to jam something down their throats whether they like it or not. You always have that option of putting it on the ballot anyway if you don't get the appropriate petition, but it might be a good gesture to ask them to do that. CHAIRMAN COLETTA: Well, suppose the talks that are going forward now don't materialize in the referendum, if they don't carry the option forward to be able to come before us and offer something? I mean, you have several different entities out there that have different OpInIOns. COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: If North Naples came through the door, they'd probably be very supportive of very exact language. If another entity came through the door that is not supportive of it, they would probably have other language. Now, we have a fire steering committee that's been meeting for how many years? COMMISSIONER HENNING: Commissioner, I think you Page 230 November 27,2007 missed my point -- is have the fire commissioners or chiefs just sign a petition like they do everything, or a public comment; Commissioners, would you get the sense of the community? Are we on the right direction? Should we consider consolidation? That's what I mean. I'm not talking about a signature ballot, and for the perception Commissioner Coyle just said. CHAIRMAN COLETTA: And I understand where you're coming from, but what I'm asking is the populous, do they want it. That's the people. I mean, the fire commissioners mean a lot to me, so do my fellow commissioners that serve on the school board. But when it gets down to it, I think we need to serve the public's best interest. And what's the public's interest on this? Do we want something that's manipulated to the point that it has little or no meaning? That was my concern. COMMISSIONER COYLE: Well-- CHAIRMAN COLETTA: Let's go to Commissioner Fiala -- COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: -- then we'll come back to you. COMMISSIONER FIALA: In keeping with what you were just saying, Commissioner Coyle, first of all, the public wants the best fire department and EMS they can ever have. They don't care how it's formed, they don't care who heads it. They just want it to be the best. They want to know that they're safe. They want to know that they're rescued or that they're cared for. That's what they care about. So it gets back down to what you began to say and what Commissioner Henning's been saying, what we haven't done is we haven't asked the fire commissioners what they want to do. And I don't see any problem with inviting all of the fire commissioners here one day, to just sit here and talk with them. What do you want to do? And they can just tell us right out. Yes, we do. No, we don't. If they say they want to continue to talk, maybe that isn't the thing, but we can all say what we have to say. Instead of -- instead of Page 23 1 November 27,2007 us and them, let's make it a "we" decision, and I don't see why we can't do that pretty soon. We could set aside an hour or a half an hour right here at a commission meeting or even a separate day to meet with them and ask them what their feelings are. CHAIRMAN COLETTA: Well, why don't we go ahead and place it on the agenda sometime after the first of the year. I'm sorry, what's -- suggestions, Leo? MR. OCHS: No. Mr. Chairman, I'm just reiterating, the content of this letter seems to be asking that very question to each one of the individual elected fire district boards. They're asking, are you interested in pursuing an evaluation of a consolidated fire and EMS operation. If so, please respond back and let us know what level of interest, if any, you have. CHAIRMAN COLETTA: Let's go to Commissioner Halas, and then -- COMMISSIONER HALAS: Coyle was first. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: But here -- the problem is that Commissioner Coletta has suggested we put something out for the public to comment on, okay? Now, that is a good tool for those fire commissioners and fire chiefs who want to combine because it gets a sense of what the public wants. We have already gotten a sense of what the fire departments want. Like you said, we've asked them to study this, and it's been over a year that they've been studying it, and we don't see any movement at all. We see just the opposite, that there are people who are making -- coming up with reasons why you cannot do this. So there are some fire districts that want to consolidate. So if those fire districts were to come to us and say, let's find out what the people want to do, let's put it on a referendum, then I would be inclined to support that, and that achieves Commissioner Coletta's objective because it's getting input from the people. It is also Page 232 November 27,2007 supporting what Commissioner Henning thinks we should do, and that is get the fire commissioners involved in supporting that referendum process. We don't have to have all of them agree on it. I don't think you would get all of them to agree on it. But if some of them will agree that they will support putting it on a referendum to get the public's input, that is better than if we just unilaterally decide to do it. But -- I think we'd get more support from the fire departments by doing it that way. So to seems to me that talking with some of the fire commissioners or the fire districts that want to pursue consolidation and asking them if they would like to petition us to put this on a referendum would be the right thing to do. CHAIRMAN COLETTA: Okay. In that context it makes a lot of sense, but let me make a couple suggestions here. One, that I write the letter that you're going to deal with. Let's let everything lie for -- at least maybe till February, reason being is, they may get, on their own accord, get this going and get to that point that all this discussion and additional meetings here in this chamber would be of no need. And at that point in time, if they come to an impasse that everything is dead stop, let's go ahead and do a meeting at that point in time. We bring everybody here and just try to get them on the same page to go forward. COMMISSIONER COYLE: That sounds good to me. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I just want to kind of reiterate that there's a lot of inequities in the systems that we have at the present time with all the different fire commissions, and I think that Chief Brown realizes that. And I think that these talks may move faster than we realize, so I think we should just let things develop and see where it goes. I know that, for instance, Corkscrew doesn't have the equipment Page 233 November 27,2007 or -- that North Naples has, and so they realize that and I think they realize that this is very beneficial for the taxpayers. So just -- that's about all I'll say about it, but that -- CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: -- there is some movement afoot, and I think it's in the positive direction. I think it's going to move fairly smooth or fairly quick, and if we can get two to three of these to fall in line, I think the dominos will all fall into place. CHAIRMAN COLETTA: Okay. So I think we're all in agreement that I write the letter and that we wait and see. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: I think that's what needs to be done. CHAIRMAN COLETTA: Fine. Anything else that has to come before this commission? (No response.) CHAIRMAN COLETTA: Guess what? We're done, adjourned. ****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 PRIORITIZING THE WATERSHEDS FOR DEVELOPMENT OF THE WATERSHED MANAGEMENT PLANS - TO BE COMPLETED BY JANUARY 2008 Item #16A2 THE RELEASE AND SA TISF ACTIONS OF LIEN FOR Page 234 November 27,2007 PAYMENTS RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT ACTIONS - RECORDING COST OF $10.00 PER RELEASE, TOTALING $790.00 Item # 16A3 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR FALLING WATERS NORTH PRESERVE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A4 RELEASE AND SATISFACTIONS OF LIEN - RECORDING COST OF $10.00 PER RELEASE, TOTALING $500.00 Item # 16A5 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR CALUSA ISLAND VILLAGE - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITY FOR VERONAWALK, PHASE 2A - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A7 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR VERONA WALK, PHASE 2B - W /RELEASE OF Page 235 November 27,2007 ANY UTILITIES PERFORMANCE SECURITY Item #16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY CONVEYANCE FOR VERONA WALK, PHASE 2C - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A9 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR HERITAGE BAY, PHASE 1B - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A10 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FOREST PARK, PHASE 4 - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A11 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR NORTH NAPLES RESEARCH AND TECHNOLOGY PARK - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A12 FINAL PLAT OF AVE MARIA UNIT 6, BELLERA WALK PHASE 1B, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE Page 236 November 27,2007 AMOUNT OF THE PERFORMANCE SECURITY- W/STIPULATIONS Item #16B1 RESOLUTION 2007-328: A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORT A TION, ON BEHALF OF COLLIER COUNTY, FOR RECEIPT OF FEDERAL DOLLARS IN THE AMOUNT OF $134,000 FOR LANDSCAPING ENHANCEMENTS FOR SR 93/ I- 75 AT GOLDEN GATE PARKWAY Item #16B2 A FUNDING SOURCE CHANGE FOR PAST AND FUTURE EXPENDITURES IN THE AMOUNT OF $500,000 FOR FLEET MAINTENANCE EXPENSES AND THE COLLIER AREA TRANSIT FACILITY REPAIR AND RENOVATION EXPENSES Item #16B3 A BUDGET AMENDMENT TRANSFERING FUNDS INTO A NEW STORMW A TER PROJECT KNOWN AS THE GOLDEN GATE CITY STORMW A TER OUTFALL REPLACEMENTS, PROJECT NUMBER 510291, IN THE AMOUNT OF $66,500 - TO REPLACE 145 UNDERGROUND STORM SEWER PIPE SYSTEMS THAT HAVE EXCEEDED THEIR LIFE SPAN Item # 16B4 AN EASEMENT AGREEMENT AND ACCEPTANCE OF A DRAINAGE, ACCESS AND MAINTENANCE EASEMENT Page 237 November 27,2007 FROM THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR THE PURPOSE OF MAINTAINING THE CURRENT DRAINAGE PATTERN IN SECTION 34, TOWNSHIP 49S, RANGE 26E - AT THE FUTURE SITE OF ELEMENTARY SCHOOL "G" LOCATED EAST OF GOLDEN GATE HIGH SCHOOL OFF OF MAGNOLIA POND DRIVE Item #16B5 A BUDGET AMENDMENT TO MOVE UNSPENT LANDSCAPE MAINTENANCE FEES THAT ROLLED FROM FISCAL YEAR 2007 INTO FISCAL YEAR 2008 TO THE BRIDGE REP AIRlREHABILIT A TION PROGRAM IN THE AMOUNT OF $621,721.61 - FOR IMPROVEMENTS/REPAIRS NEEDED TO 5 BRIDGES LOCATED WITHIN THE COUNTY Item #16C1 BID NUMBER 07 -4192, THE PURCHASE AND INSTALLATION OF ONE 200 KW GENERATOR FOR THE GOODLAND REPUMP STATION IN THE AMOUNT OF $62,999 TO POWER PRO TECH SERVICES AND A BUDGET AMENDMENT WITHIN THE GOODLAND WATER DISTRICT FUND 441 - THE CURRENT GENERATOR IS OUTDATED AND REPAIRS HAVE BECOME COSTLY Item # 16C2 RESOLUTION 2007-329: THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE Page 238 November 27,2007 COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SA TISF ACTION OF LIEN Item #16C3 BID NUMBER 07-4181, FOR LANDSCAPING OF PUBLIC UTILITIES DIVISION FACILITIES IN THE ESTIMATED AMOUNT OF $400,000 TO FLORIDA LAND MAINTENANCE, AMERA-TECH INCORPORATED, AND GROUND ZERO LANDSCAPING - TO PERFORM UNSCHEDULED SITE REPAIRS AFTER DISRUPTION OF SERVICE THROUGH THE MAIN OR SERVICE BREAKS Item # 16C4 FIVE WORK ORDERS FOR THE DEVELOPMENT OF THE 2007 MASTER PLANS FOR A NOT TO EXCEED TOTAL OF $781,940. UNDER CONTRACT #05-3785, FIXED TERM CONTRACT FOR PROFESSIONAL UTILITIES ENGINEERING SERVICES, WITH GREELEY & HANSEN LLC FOUR WORK ORDERS FOR THE 2007 WATER, WASTEWATER, IRRIGATION QUALITY WATER AND WATER SUPPLY MASTER PLANS FOR A TOTAL OF $678,940. UNDER CONTRACT #07-4071, FIXED TERM CONTRACT FOR FINANCIAL CONSULTING SERVICES, WITH PUBLIC RESOURCES MANAGEMENT GROUP, INC. ONE WORK ORDER FOR THE 2007 WATER, WASTEWATER AND IRRIGATION QUALITY WATER RATE AND IMPACT FEE STUDIES FOR $103,000. PROJECTS NUMBERS 70070, 75007, 73066,72516,75005 AND 75018 COVER THESE WORK ORDERS - AS DETAILED IN THE EXECUTIVE SUMMARY Page 239 November 27,2007 Item #16D1 - Moved to Item #10X Item #16D2 AFTER-THE-FACT SUBMITTAL OF THE ATTACHED OLDER AMERICANS ACT GRANT APPLICATION TO THE AREA AGENCY ON AGING PROVIDING NUTRITION PROGRAMMING, IN-HOME SUPPORT SERVICES AND CASE MANAGEMENT FOR ELDERLY RESIDENTS IN COLLIER COUNTY - GRANT TO RUN FROM JANUARY 1,2007 THROUGH DECEMBER 31, 2010 Item #16D3 AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BENDERS ON DEVELOPMENT COMPANY ALLOWING THE USAGE OF THE GOLDEN GATE KMART PLAZA FOR PARKING DURING SNOWFEST - HELD ON DECEMBER 1, 2007, AT THE GOLDEN GATE COMMINUTY PARK Item #16El REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSA TION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY 07 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Fl Page 240 November 27,2007 AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES TO LEASE OFFICE SPACE FOR USE BY THE COLLIER COUNTY FILM COMMISSION OFFICE - THE LEASE AGREEMENT IS FOR A THREE YEAR TERM, BEGINNING ON JANUARY L 2008 Item #16F2 AWARD OF RFP #07-4175, COLLIER COUNTY TOURISM DEPARTMENT PUBLIC RELATIONS ASSISTANCE, AND CORRESPONDING TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND BCF OF FLORIDA, INC. IN THE ANNUAL AMOUNT OF $140,000 - TO EMPHASIS PROMOTIONAL PROGRAMS IN KEY FEEDER MARKETS, LIKE NEW YORK AND CHICAGO Item #16G 1 CRA RESOLUTION 2007-330: A RESOLUTION TERMINATING A SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND SONA GALLERY AND ECHO, LLC DUE TO APPLICANTS FAILURE TO MEET TERMS OF THE AGREEMENT Item #16G2 UPDATE ON A PROPOSED PUBLIC REFERENDUM ALLOWING THE CRA TO INCUR DEBT AND DELAYING THE DESIRED REFERENDUM UNTIL NOVEMBER 4, 2008 - AS DETAILED IN THE EXECUTIVE SUMMARY Page 241 November 27,2007 Item #16Hl COMMISSIONER HENNING'S REIMBURSEMENT FOR A TTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE COLLIER CITIZEN OF THE YEAR EVENT ON THURSDAY, NOVEMBER 15 AT THE NAPLES ELKS LODGE; $35.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET Item # 16H2 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED AS A "CELEBRITY SERVER" AT THE FARM CITY BBQ ON NOVEMBER 21,2007. $18 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT AVE MARIA Item # 16H3 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE LEADERSHIP COLLIER 20TH ANNUAL PLATINUM HOLIDAY PARTY ON DECEMBER 6,2007. $45 TO BE PAID FROM COMMISSIONER COLETT A'S TRAVEL BUDGET - TO BE HELD AT THE NAPLES HILTON Item #16H4 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A Page 242 November 27,2007 VALID PUBLIC PURPOSE. ATTENDING GREATER NAPLES BETTER GOVERNMENT COMMITTEE HOLIDAY SOCIAL ON DECEMBER 18,2007. $10 TO BE PAID FROM COMMISSIONER COLETT A'S TRAVEL BUDGET - HELD AT VERGINA ON FIFTH AVENUE Item # 16I1 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 243 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 27, 2007 FOR BOARD ACTION: A. Districts: 1. North Naples Fire Control and Rescue District: Annual Local Government Financial Report FY 05-06; Districts Audit for the FY End September 30, 2006; District Map; Registered Office and a Registered Agent Letter; Meeting Schedule 2008; Public Facilities Report. 2. East Naples Fire Control & Rescue District: Minutes of September 27, 2007. 3. Department of Communi tv Affairs: Artesia Naples Community Development District, Established by Collier County Ordinance No. 2006- 33 B. Minutes: 1. Pelican Bav Services Division MSTBU: Agenda of November 7,2007; Minutes of September 5,2007 a) Budget Committee: Agenda of October 23,2007; Minutes of May 22,2007 b) Clam Bay Committee: Minutes of August 15, 2007. 2. Code Enforcement Board: Minutes of August 23, 2007; Minutes of September 27, 2007 3. Affordable Housing Commission: Minutes of April, 12,2007; Minutes of May 10, 2007; Minutes of June 14,2007; Minutes of July 12, 2007; Minutes of August 12,2007; Minutes of September 13, 2007. a) Sub-Committee: Minutes of August 29,2007. 4. Floodplain Management Planning Committee: Minutes of November 15, 2006; Minutes of December 4,2006; Minutes of January 5, 2007; Minutes of February 5, 2007; Minutes of March 5, 2007; Minutes of March 19, 2007; Minutes of April 9, 2007; Minutes of May 7, 2007; Minutes of May 21,2007; Minutes of June 4,2007; Minutes of June 18,2007; Minutes of July 9, 2007; Minutes of July 30,2007; Minutes of August 6, 2007 Minutes of August 13,2007. . H:Data/Format H:Data/Format a) Special Information Gathering Meeting: Minutes of January 22, 2007; Minutes of January 24, 2007; Minutes of January 29, 2007; Minutes of February 5, 2007; Minutes of February 5, 2007 (2nd meeting); Minutes of February 12,2007; Minutes of February 27, 2007; Minutes of March 5, 2007; Minutes of March 12,2007; Minutes of March 19,2007; Minutes of March 22, 2007; Minutes of March 26, 2007. 5. Citizen Corps Advisory Committee: Minutes and Agenda of September 19,2007; Minutes and Agenda of August 15,2007; Minutes of July 18, 2007; Minutes of June 20, 2007; Minutes of May 16,2007; Minutes of March 21, 2007; Minutes of February 21, 2007; Minutes of January 17, 2007. 6. Public Vehicle Advisory Committee: Minutes of October 1, 2007 7. Librarv Advisory Board: Agenda of October 23,2007; Minutes of September 26,2007. 8. Hispanic Affairs Advisory Board: Minutes and Agenda of September 27, 2007. 9. Environmental Advisorv Council: Agenda of November 7,2007; Minutes of October 3, 2007 10. Emergency Medical Services Advisory Council: Minutes of October 11, 2007. II. Black Affairs Advisorv Board: Minutes of October 23,2007; Minutes of January 22, 2007; Minutes of February 26, 2007; Minutes of March 26, 2007; Minutes of September 24,2007. 12. Isles of Capri Fire/Rescue Advisory Board: Minutes of October 4,2007 13. Collier County Government Productivity Committee: Agenda of June 20, 2007; Minutes of June 20, 2007; Agenda of May 15, 2007; Minutes of May 15,2007; Agenda of March 21, 2007; Minutes of March 21, 2007; Agenda of April 18, 2007; Minutes of April 18, 2007. a) CDES Budget Review: Agenda for June 15,2007; Minutes of June 15,2007; Minutes of June 1, 2007 b) Efficiency and Effectiveness: Minutes of April 18, 2007 c) Transportation Construction: Minutes of March 1,2007; Minutes of March 15,2007, Minutes of March 29, 2007 d) Value Engineering Review Of The Collier County Emergencv Services Center: Minutes of May 24,2007 14. Collier County Planning Commission: Agenda of November 15, 2007; Minutes of October 4,2007; Minutes of September 20,2007; Minutes of September 6, 2007. 15. Tourist Development Council Meeting: Minutes of September 24,2007; Minutes of June 25, 2007; Minutes of May 29, 2007; Minutes of April 23, 2007; Minutes of March 26, 2007; Minutes of February 26, 2007; Minutes of January 16, 2007. 16. Collier County Airport Authority: Annual Financial Report for FY 06-07. C. Other: 1. Fire Review Task Force: Minutes of October 8, 2007; Minutes of September 28,2007; Minutes of August 28, 2007; Agenda of October 25, 2007. 2. Collier County Special Magistrate: Minutes of September 7,2007; Minutes of September 21,2007. 3. Citv of Naples/Annexation of Collier Park of Commerce: Urban Services Report October 17, 2006. 4. State of Florida Department of Health: Activities and expenditures of the Collier County Health Department for the period of October 2006 through September 2007. 5. GUY Carlton, Tax Collector: Financial Report for 2005-2006; Combined Statement of Position Form DBF-AA-402; Fund Group Form DBF-AA- 403. H:Data/Format November 27,2007 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 3, 2007 THROUGH NOVEMBER 9, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 10, 2007 THROUGH NOVEMBER 16, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl ARE-CONVEYANCE OF UNUSED PORTIONS OF CERTAIN DEDICATED RIGHTS-OF-WAY IN IMMOKALEE'S NEWMARKET SUBDIVISION - LOCATED ON CHARLOTTE AND BROW ARD STREETS Item # 16K2 RESOLUTION 2007-331: A RESOLUTION AUTHORIZING THE AUTHORITY TO ISSUE SINGLE F AMIL Y HOUSING REVENUE BONDS TO BE USED TO FINANCE A QUALIFYING SINGLE F AMIL Y PROJECT TO PROVIDE AFFORDABLE WORKFORCE HOUSING Item #17A RESOLUTION 2007-332: PE-2007-AR-12164, KEITH BASIK, LARRY BASIK, JEFF BASIK OF NAPLES BIG CYPRESS MARKET PLACE, REPRESENTED BY PATRICK WHITE, Page 244 November 27,2007 ESQUIRE, OF PORTER, WRIGHT, MORRIS AND ARTHUR, LLP, A PARKING EXEMPTION FOR AN IRREGULARLY SHAPED PARCEL OF JUST LESS THAN TEN ACRES TO ALLOW OVER FLOW PARKING FACILITIES OF APPROXIMATEL Y 372 TOTAL ADDITIONAL PARKING SPACES IN EXCESS OF MINIMUM REQUIRED PARKING FOR NAPLES BIG CYPRESS MARKET PLACE. THE SUBJECT PROPERTY IS LOCATED AT 220 BASIK DRIVE, AT THE NORTHWEST CORNER OF US 41 AND TRINITY PLACE, SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA Item #17B RESOLUTION 2007-333: PUDEX-2007-AR-12177 (NG) HAMMOCK WOODS, LLC, REPRESENTED BY DAVID R. UNDERHILL, JR., OF BANKS ENGINEERING, AND RICHARD D. YOV ANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN, AND JOHNSON, P.A., A TWO-YEAR EXTENSION FOR THE SIERRA MEADOWS PUD FROM DECEMBER 14,2007 TO DECEMBER 14, 2009 IN ACCORDANCE WITH LDC SECTION 10.02.13.D.5(A). THE SUBJECT PROPERTY CONSISTS OF 90.8 ACRES AND IS LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF RATTLESNAKE-HAMMOCK ROAD (CR 864) AND COLLIER BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17C ORDINANACE 2007-74: AN ORDINANCE TO REGULATE SECURITY OF CERTAIN CONVENIENCE STORE BUSINESSES Page 245 November 27,2007 TO PROTECT THE PHYSICAL SECURITY OF CONVENIENCE BUSINESS RETAIL EMPLOYEES AND INDIVIDUALS WHO PATRONIZE SUCH BUSINESSES ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:02 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECI~~ER ITS CONTROL JIM COLETTA, Chairman A TT~S.T;(c ...'.... .,.. ("r DWIGH'tE"BROCK, CLERK ~\~~ ~:S~c < .!.',I.'.,' , ',.>' . ALt.:.o'5t t!S to Cna'ruA " . ., ~,~gll~ture 00 1- These minutes apRr~ by the Board on \ L <)i DB , as presented ~ . -- or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INe., BY TERRI LEWIS. Page 246