Loading...
BCC Minutes 12/11-12/2007 R December 11-12,2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 11-12, 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 Derek Johnssen, Office of the Clerk of Court Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0\.",\//11, f'fl~~ f" ( . "-',,, )1 ,,\ AGENDA December 11, 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 December 11, 2007 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 5, 2007 - BCel AUlR Meeting C. November 7,2007 - Value Adjustment Board Special Magistrate Stephen Cunningham D. November 9, 2007 - Value Adjustment Board Special Magistrate Mark Pelletier E. November 13, 2007 - BCC Regular Meeting F. November 19,2007 - Value Adjustment Board Special Magistrate Gerald Lagace G. November 19,2007 - Value Adjustment Board Special Magistrate Scott Watson Page 2 December 11, 2007 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Noemi Fraguela, EMS B. Advisory Committee Service Awards 5 Year Recipients 1) James Elson - Collier County eitizens Corps 2) Deborah Horvath - eollier County Citizens Corps 3) Walter Jaskiewicz - eollier County Citizens Corps 4) Michael Murphy - Emergency Medical Services Advisory Council 5) Rob Potteiger - Emergency Medical Services Advisory Council 4. PROCLAMATIONS A. Proclamation for Ron Pennington Day to be recieved by Councilman John Sorey and Coastal Advisory Committee member Murray Hendel. B. Proclamation for Bill Neal, "Mayor of Bayshore" Week to be accepted by Bill Neal. C. Proclamation acknowledging Lavigne Kirkpatrick and Dr. Leonard Ferenz for their efforts to strengthen the moral and ethical fiber of our Community. To be accepted by Lavigne Kirkpatrick and Dr. Leonard Ferenz. 5. PRESENTATIONS A. Presentation by Janet Watermeier, Vice Chair of the Florida Transportation Commission regarding State Road Funding. (Commissioner Coletta's request) 6. PUBLIC PETITIONS Page 3 December 11, 2007 A. Public petition request by Debbe Faunce to discuss inappropriate business practices by a Collier County Licensed Contractor. B. Public petition request by Vivian Jimenez to discuss eminent domain issues relative to property owners on Oil Well Road. C. Public petition request by Ron McSwiney to discuss the Youth Haven Campus Expansion Project. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued indefinitelv. This item requires that all participants be sworn in and ex parte disclosure be provided by eommission members. This item continued from the November 13,2007 BCC Meeting. PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi Williams, AlCP ofQ. Grady Minor and Associates, P.A., requesting an amendment of the ShadowWood Planned Unit Development (PUD) Ordinance No. 82-49 to increase the number of single family dwelling units from II units to a maximum of 16 units by increasing the Single Family Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage ofthe Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The subject property is located along the north side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard (CR 951), northeast of the intersection of Rattlesnake- Hammock Road and Skyway Drive, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. B. This item continued from the November 27. 2007 BCC Meetine:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2006-AR-I0648: 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 Page 4 December 11, 2007 Development District (epUD) 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, CoIlier County, Florida. C. CPSS-2007-1: Petition requesting a small scale amendment to the Future Land Use Map Series ofthe Growth Management Plan, to show an increase in acreage of 9.95 acres for Activity Center number 13. The subject properties, containing 9.95 acres, is located at the southwest corner of Airport Pulling Road and J & C Boulevard, in Section 11, Township 49 South, Range 25 East, eollier County, Florida. D. This item to be heard at 1 :00 p.m. Recommendation that the Board of eounty Commissioners consider adopting an Ordinance amending Chapter 74 of the CoIlier County Code of Laws and Ordinances, which is the CoIlier County Consolidated Impact Fee Ordinance, establishing an impact fee deferral program for approved participants in the Community Workforce Housing Innovation Pilot Program (CWHIP) set forth in Section 420.5095 of the Florida Statutes. (This is a companion to Items 10M and l2C). E. Recommendation to approve a eompliance Agreement between the Department of Community Affairs and eollier eounty, including Petitioners-in-Intervention, setting forth proposed Remedial Amendments to the Capital Improvement Element of the Growth Management Plan, Ordinance 89-05, as amended. F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2007-AR- 11485 (NG) Bryan W. Paul Family Limited Partnership, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., is requesting a two-year extension for the Orange Blossom Ranch PUD from November 16, 2007 to November 16,2009 in accordance with LDC Section 1O.02.13.D.5(a). The subject property consists of616+1- acres and is located on the north and south sides of Oil Well Road (CR-858) approximately I mile east of Immokalee Road (CR-846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida. (This is a companion to Item 101). Page 5 December 11, 2007 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Historicall Archaeological Preservation Board. B. Appointment of members to the Ochopee Fire Control District Advisory Committee. C. Appointment of member to the Collier County Planning Commission. D. Appointment of member to the Parks and Recreation Advisory Board. E. The Annual Performance Appraisal of the County Attorney. 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board approve and authorize the Chairman to sign a Right of Way Agreement for Underground Conversions with the Florida Power & Light Company pertaining to the conversion of certain overhead electric distribution facilities located within the Vanderbilt Beach Municipal Service Taxing Unit (the MSTU) to Underground distribution and to approve payment to Florida Power & Light eompany in the amount of $56,712.00 in order to obtain Engineering Estimate for project. (Diane Flagg, ATM Director) B. This item continued from the November 27, 2007 BCC Meetine:. Recommendation to adopt a Resolution amending the Collier eounty Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 (Joseph K. Schmitt, Administrator, Community Development& Environmental Services Division) C. Recommendation to award Contract 08-5008 - Lely Area Stormwater Improvement Project (LASIP) Royal Wood Lake Interconnect to Mitchell & Stark Construction Co., Inc. in the amount of $1 ,697,387 (Stormwater Management Department Project #5110 I). (Jerry Kurtz, Principal Project Manager and Gene Calvert, Director) Page 6 December 11, 2007 D. To provide the Board of County Commissioners with the status of efforts to resolve mineral rights issue, provide additional information update and to make recommendation regarding the Starnes Agreement for Purchase in the Conservation Collier Program. (Alex Sulecki, Senior Environmental Specialist) E. Recommendation to approve the purchase of Group Insurance excess coverage and vendor services for calendar year 2008 in the amount of $4,453,417. (Jeff Walker, Director, Risk Management) F. Recommendation to award Bid No. 07-4107 Sidewalk Replacement and Installation of Roadway Lighting on Davis Boulevard (SR 84) between US 41 (Tamiami Trail) and Airport-Pulling Road to Quality Enterprises USA, Inc. in the amount of$997,213.49. To also approve a transfer of $200,000 from Collier County eommunity Redevelopment Agency (eRA) and a budget amendment to move the balance of funding needed, plus a contingency for utility conflicts of $50,000.00, from project 601721 to 601761, for a total funding amount of$I,047,213.49. (This is a companion item to 14A, which must be approved prior to consideration of this agenda item). (Bob Tipton, Traffic Operations Director) G. Recommendation to award and approve a contract for RFP-07-4l3l Design Services for Gordon River Greenway Park in the amount of $ 1,240,041.00 to Kimley-Horn and Associates, Inc. and approve the necessary budget amendment. (Amanda Townsend, Public Services; Margaret Bishop, TransportationlStormwater Management; Gene Calvert, TransportationlStormwater Management) H. Recommendation to approve the Collier eounty Floodplain Management Plan 2008 for inclusion as Section 7 of the Collier County Hazard Mitigation Plan. (Robert Wiley, P.E.,C.F.M., Principal Project Manager, Engineering and Environment Services Department, CDES Division) I. Recommendation to approve a Developers eontribution Agreement (DCA) between Pulte Home eorporation and The Bryan W. Paul Family Limited Partnership (The Developers) and Collier County to grant a permanent non- exclusive drainage easement and provide water quality treatment and attenuation for stormwater run off for the future expansion of Oil Well Road. (This is a companion to Item 8F) (Nick Casalanguida, TransportationlPlanning Director) Page 7 December 11, 2007 J. Recommendation to Deny Approval of a $452,984 Clerk Invoice for Services Provided to the Board of County eommissioners during the Month of October 2007. (Mike Smykowski, Director, Office of Management and Budget) K. Recommendation that the Board not proceed with the closing contemplated pursuant to the Purchase Agreement for 2.5 acres of improved property, approved by the Board on October 9, 2007, which is required for road right- of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168 (fiscal impact: Funds in the amount of $420,000.00 plus $10,000.00 in costs not expended at this time.) (Jay Ahmad, Transportation/ECM Director and Kevin Hendricks, ROW Acquisition Manager) L. Recommendation to approve the FY 2007-08 agreement between Collier County Board of eommissioners and the David Lawrence Mental Health Center, Inc. in the amount of $1,10 1,120 and authorize the Chairman to sign. (MarIa Ramsey, Administrator, Public Services) M. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010, to allow SHIP Purchase Assistance when funds are allocated to a development that has been awarded funds under the Community Workforce Housing Innovation Pilot Program (eWHIP). (This is a companion to Item 8D and Item 12C). (MarIa Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 11:00 a.m. Investigative Report of Outside Counsel Lawrence A. Farese, Esq. of the firm Robins, Kaplan, Miller & Ciresi L.L.P., to the Board of County Commissioners Regarding Richland PUD (Pebblebrook) I Olde Cypress PUD. B. Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the office of the County Attorney and the Risk Management Department to retain outside counsel to Page 8 December 11, 2007 represent individual county employees sued James and Sherry Marshall v. Collier eounty, Jess Letourneau and Michelle Arnold, Case No. 07-4455- CA, in the Circuit Court for the Twentieth Judical Circuit in and for Collier, County, Florida, and waive the purchasing policy to the extent it applies to the selection of outside counsel. C. Recommendation that the Board of County eommissioners of Collier eounty, Florida, adopt a Resolution recommending MDG Capital eorporation and the Essential Services Personnel Housing Coalition of Collier eounty (ESP) as the Collier County applicant for the Representative Mike Davis Community Workforce Housing Innovation Pilot Program (CWHIP) for the 2008 application cycle. This is a companion to Items 10M and 8D. D. Recommendation that the Board of eounty Commissioners accepts payment in the amount of$2,907.50 in exchange for a Release and Satisfaction of Lien in the eode Enforcement action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004-026. 13. OTHER CONSTITUTIONAL OFFICERS A. To obtain Board approval for disbursements for the period of November 17, 2007 through November 23, 2007 and for submission into the official records ofthe Board. 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County Local Agency Program (LAP) Agreement to undertake a roadway lighting project on State Road 84 (Davis Blvd) in the Gateway Triangle Area; to approve a monetary contribution of not to exceed $200,000 from the Bayshore Gateway Triangle CRA Fund 187 to Gas Tax Project No. 601721 to assist in funding the roadway improvement; and approve all necessary budget amendments. (Companion to Item 10F must be approved prior to 10F) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 9 December 11, 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 approve final acceptance of the water and sewer utility facility for The Majors, Phase One. 2) Request approval by the Board of County Commissioners for a Special Land Development Code (LDC) amendment cycle for the 2008 calendar year to address an urgent amendment to the Land Development Code specificaIly addressing Section 1.04.04, Reduction of Required Site Design Requirements to address the severing of Transfer of Development Rights (TDR) related to lands identified for a Transportation right-of-way. 3) To accept final and unconditional conveyance of the water utility facility for Jaegar Road Warehouse Condos. 4) To accept final and unconditional conveyance of the water utility facility for Cedar Hammock, Tract F-4. 5) Recommendation to approve the Release and Satisfactions of Lien for payments received for the foIl owing Code Enforcement actions. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra, Parcel 100. 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Cove Sales and Model Center. 8) Recommendation to approve final acceptance of the water and sewer utility facility for Tuscany Cove Temporary Construction and Administration Facility. 9) Recommendation to approve final acceptance of the water and sewer Page 10 December 11, 2007 utility facilities for Tuscany Cove. 10) Recommendation to Board of County Commissioners to authorize the preparation of a strategic operational plan for the Immokalee Local Redevelopment Advisory Board. (Companion item to item 16G3 to be considered following action on l6G3)(Thomas Greenwood, Principal Planner, Comprehensive Planning Department, Community Development & Environmental Services Division) 11) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Capri Commercial Center No. 2. B. TRANSPORTATION SERVICES 1) Recommendation to approve the Memorandum of Agreement (MOA) between the Florida Commission for Transportation Disadvantaged (CTD) and the Collier eounty Board of County Commissioners (BCC). 2) Recommendation to rescind award of Bid 08-5001 to eommercial Fence eontractors, Inc. for $60,073.52 and award it to USA Steel Fence, Inc. in the amount of$77,352.60. 3) Recommendation to accept a Quitclaim Deed from Lennar Homes, LLC, to lands dedicated to the County as a public right-of-way. (Fiscal impact: $18.50) Project #60018. 4) Recommendation to award Bid #08-5004 Radio Road Phase I Landscape Irrigation Project- to Hannula Landscaping, Inc. in the amount of $464,434.62. 5) Recommendation to award Work Order # PBS-FT-3987-08-01 under Collier County Contract number 06-3987 for Fixed Term Professional Construction, Engineering and Inspection (CEI) Services for the Freedom Park in the amount of$458,904.00 to PBS&J, Inc. 6) Recommendation to approve an agreement between Collier County Page 11 December 11, 2007 and Ibis Club for a sewer service interconnection from the Collier County CAT operations facility into the Ibis Club sewer system. 7) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded. 8) Recommendation to reject all bids received under Bid #08-4196 Cleaning & Documentation of Storm Drains. 9) Recommendation to authorize the ehairman of the Board of County eommissioners to sign an easement instrument with the Florida Department of Environmental Protection (FDEP), for the installation and maintenance of prefabricated pedestrian bridges crossing the Cocohatchee River and one of its tributaries on the west side of Vanderbilt Drive within the existing right-of-way. 10) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded. 11) Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $264,201 for the provision of transportation for qualified Medicaid recipients. 12) Recommendation to approve the purchase of improved property (Parcel No. 133) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $728,655) C. PUBLIC UTILITIES 1) Recommendation to Authorize submission of Amendment One (1) To The State Revolving Fund Loan Agreement (DW 1111 020) through The Florida Department Of Environmental Protection (FDEP) for Lower Hawthorn Wells 18N, 19N, and 20N, Project #71006. Page 12 December 11, 2007 2) Approve A Resolution Authorizing The Declaration of Official Intent for the North County Water Reclamation Facility (NCWRF) Expansion To 24.1 MGD; Solid Stream Project 739502. The Approval of this Resolution Will Allow The Florida Department of Environmental Protection (FDEP) To Reimburse The eounty Using Notes and Bond Proceeds in the amount of$l ,708,505. 3) Award annual contract for UtilitieslFacilities electrical component testing pursuant to RFP#07-4l56 in the estimated amount of $200,000. 4) Recommendation to approve Contract 07-4116 to OptelIios, Incorporated, for $458,820, for perimeter security systems at the North and South Regional Water Treatment Plants as welI as future Water Department facilities, Project Numbers 710091 and 710092. 5) Award Contract 05-3870 to MWH Constructors Inc. for Construction Management-at-Risk services for construction of the Northeast Facilities, and approve preconstruction phase services in a total not-to- exceed amount of $850,000, Projects 70902, 73156, 70899. D. PUBLIC SERVICES 1) Recommendation to authorize the Chairman to sign the Declaration of Restrictions for East Naples Community Park Senior Center Addition as required by the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) Program. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Norge Del Sol and Doraisy Del Sol (Owners) for deferral of 100% ofeollier County impact fees for an owner-occupied affordable housing unit located at Lot 128, Trail Ridge. 3) Recommendation to approve a budget amendment in the amount of $886,000 to ensure continuous funding of the Older Americans Act grant. 4) Recommendation that the Board of County Commissioners authorize Page 13 December 11, 2007 the Chairman to sign an agreement in the amount of $223,802 with Collier Health Services, Inc. (CHSI) and the Agency for Health Care Administration (AHCA) to participate in the Low Income Pool Program. Participation in this program wiII generate an additional $294,619 in Federal matching funds to be paid directly to CHSI for services for the most medicaIIy needy in CoIIier County. 5) Recommendation to approve a request for permission to apply for a Historic Preservation Grant in an amount not to exceed $50,000 for design services related to Mar-Good Harbor Park. 6) Recommendation to approve the Community Libraries in Caring Program Grant Agreement to the Florida Department of State, State Library and Archives of Florida for an Immokalee Library Homework Help Grant, in the amount of $9,292, and approve needed budget amendments. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Richard R. Berger, Trustee ofthe Robert K. Berger and Ruth A. Berger Trust Agreement dated 5/14/99 for 1.14 acres under the Conservation CoIIier Land Acquisition Program, at a cost not to exceed $27,820. 2) Recommendation to approve an Agreement for Sale and Purchase with Ricardo Camero and Maria Elena Carnero for 1.14 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. 3) Recommendation to approve an Agreement for Sale and Purchase with William J. Fognini as Trustee ofthe William J. Fognini Revocable Trust Agreement dated 9/26/96 for 1.14 acres under the eonservation eoIIier Land Acquisition Program, at a cost not to exceed $27,820. 4) Recommendation to approve an Agreement for Sale and Purchase with James A. Haschker for 1.59 acres under the Conservation CoIIier Land Acquisition Program, at a cost not to exceed $38,170. Page 14 December 11, 2007 5) Recommendation to approve an Agreement for Sale and Purchase with Vonda V. Hunt for 1.14 acres under the eonservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. 6) Recommendation to approve an Agreement for Sale and Purchase with Bernhard Langhart and MarIene R. Langhart for 1.14 acres under the eonservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. 7) Recommendation to approve an Agreement for Sale and Purchase with Jane Bryan Lewis for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 8) Recommendation to approve an Agreement for Sale and Purchase with Antonia Medina for 2.27 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $44,730. 9) Recommendation to approve an Agreement for Sale and Purchase with GuiIlermo Paz for 1.14 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. 10) Recommendation to approve an Agreement for Sale and Purchase with Osvaldo Regalado for 1.14 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. 11) Recommendation to approve an Agreement for Sale and Purchase with Graciela Sanchez for 2.27 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $44,730. 12) Recommendation to authorize the County Manager or his designee to sign police affidavits against trespass activities that are inconsistent with objectives identified in approved Conservation CoIlier Preserve management plans. 13) Recommendation to approve an Agreement for Sale and Purchase with Ronald Frazier, James Frazier, Stephen Frazier, and Matthew Frazier for 1.14 acres under the Conservation CoIlier Land Acquisition Program, at a cost not to exceed $27,820. Page 15 December 11, 2007 14) Recommendation to approve an Agreement for Sale and Purchase with Brihaschand Mohabir and Sursatti Mohabir for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 15) Recommendation to approve an Agreement for Sale and Purchase with David W. Crookall and Constance J. Crookall for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $53,470. 16) Report and Ratify Staff-Approved ehange Orders and Changes to Work Orders to Board-Approved Contracts. F. COUNTY MANAGER 1) Recommendation to approve Memorandums of Understanding between CoIlier County and the foIl owing agencies; Guadalupe Center and the Florida Alert Response Team. 2) Approve budget amendments. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute a Site Improvement Grant Agreement(s) between the eoIlier County eommunity Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 2) To approve and execute Sweat Equity Grant Agreement(s) between the eoIlier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 3) Recommendation to the Community Redevelopment Agency to authorize the preparation of a strategic operational plan for the Immokalee Local Redevelopment Advisory Board. (Companion item to item 16AI2 to be considered before item l6A12) H. BOARD OF COUNTY COMMISSIONERS Page 16 December 11, 2007 1) eommissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the League of Women Voters Luncheon and participated as a guest speaker at the Collier Athletic Club on Monday, November 19,2007. $20.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the big Cypress Basin Holiday Luncheon on Friday, December 14,2007, at the Big Cypress Basin office in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. 3) eommissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Urban Land Institute of SWF - Transportation: Understanding Regional and Local Issues and Initiatives meeting on November 29,2007. $35 to be paid from Commissioner eoletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Citizen of the Year Banquet and participated as a guest speaker at the Elks Club on November 15,2007. $35.00 to be paid from Commissioner eoletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Leadership ColIier Agriculture Day in Immokalee and participated as a guest speaker at the Immokalee Ranch on November 29,2007. $9.00 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Florida Engineering Society Calusa Chapter Dinner as a guest speaker on January 31,2008. $30.00 to be paid from Commissioner Coletta's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Renewal of Leadership ColIier Page 17 December 11, 2007 Foundation Alumni 2008 Dues. $100.00 to be paid from Commissioner Coletta's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the BiII Moss FarewelI Luncheon on Wednesday, November 28,2007, at the Hideaway Beach Club; $25.00 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. WilI attend The Greater Naples Better Government Committee Holiday Social on December 18,2007, at Vergina's on 5th; $10.00 to be paid from Commissioner Fiala's travel budget. 10) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Naples Historical Society Victorian Christmas Gala on December 7, 2007, at the Palm Cottage; $300 to be paid from eommissioner Fiala's travel budget. 11) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Marco Island ehamber Christmas Gala on December, 9, 2007, at the Island Country Club; $70.00 to be paid from Commissioner Fiala's travel budget. 12) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Friends of the Museum of the Everglades Annual Members Luncheon on December 3,2007, atthe Everglades Museum; $10.00 to be paid from Commissioner Fiala's travel budget. 13) Recommendation to adopt a Resolution superseding and replacing Resolution 2006-287 in order to reappoint CoIIier County Commissioner James Coletta to another term on the Southwest Florida Expressway Authority to commence on February 16,2008 through and including February 15, 2010. I. MISCELLANEOUS CORRESPONDENCE Page 18 December 11, 2007 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the BOCC accept the report of interest for the fiscal year ending September 30, 2007 pursuant to the Florida Statute 218.78 and Purchasing Policy XIE. For the fiscal year ending September 30, 2007 no interest was paid pursuant to Florida Statute 218.78. 2) To obtain Board approval for disbursements for the period of November 24, 2007 through November 30, 2007 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 1 83RDUE and 1 83TDRE in the lawsuit styled CoIIier County v. Jorge B. Echezarraga, etal., Case No. 07-3278-CA (Oil Well Road Project No. 60044). (Fiscal Impact $100,232.00) 2) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel 1 73RDUE in the lawsuit styled CoIlier eounty v. Jorge Romero, etal., Case No. 07-2681-CA (Oil Well Road Project No. 60044). (Fiscal Impact $110,150.00) 3) Recommendation to approve a Stipulated Final Judgment for the taking of Parcel No. 131 in the lawsuit styled Collier eounty v. eharles R. KeIIer, et aI., Case No. 06-0876-CA (County Barn Road Project No. 60 I 0 I). (Positive Fiscal Impact of $29,500) 4) Recommendation to approve a Stipulated Order of Taking and Final Judgment for Parcels I 26FEE and I 26TDRE in the lawsuit styled CoIlier County v. Michael J. Crouch, et aI., Case No. 07-3691-CA (Oil Well Road Project No. 60044). (Fiscal Impact $45,762.05) 5) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount Page 19 December 11, 2007 of $113,378.00 for the acquisition of Parcel 115 in the lawsuit styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06-0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $64,828.00) 6) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel I 69RDUE in the lawsuit styled CoIIier County v. Jose Munoz, etal., Case No. 07-2823-CA (Oil WeII Road Project No. 60044). (Fiscal Impact $59,694.35) 7) Recommendation to approve the Stipulated Order of Taking and Final Judgment for Parcel2l3FEE in the lawsuit styled CoIIier County v. Jose Munoz, etal., Case No. 07-2823-eA (Oil WeII Road Project No. 60044). (Fiscal Impact $85,150.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2007-AR- 12149 (JDM) Livingston Professional Center, L.L.e., represented by Robert L. Duane, AICP, requests a two-year PUD Extension for the Hiwassee PUD. The subject property is located on the west side of Livingston Road, south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East of CoIIier County, Florida. B. A Resolution by the Board of County Commissioners (BCC) of CoIIier County, Florida, designating the parcels ofIand associated with the Crestview I and II affordable housing development as a Brownfield Area Page 20 December 11, 2007 within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 21 December 11, 2007 December 11-12, 2007 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. CHAIRMAN COLETTA: Good morning, ladies and gentlemen. Welcome to the Collier County Board of County Commissioners' meeting for December 11, 2007. We'll begin this meeting like we begin all meetings, with a prayer by Reverend Jim Mudd. Please stand. MR. MUDD: Heavenly Father, we come to you today as a community thanking you for your blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff, and the members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide and direct the decisions made here today so that your will for our county will always be done. These things we pray in your holy name, amen. CHAIRMAN COLETTA: Commissioner Coyle, will you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Good morning, Mr. Mudd. We'll start off with you and the changes to the agenda. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners' meeting, December 11, 2007. First item, withdraw item 6C. That was a public petition request Page 2 December 11-12,2007 by Ron McSwiney to discuss the Youth Haven campus expansion project. That item is being withdrawn at the petitioner's request. Next item is item 9D. On the executive summary, the name Randy D. Mason is listed twice in the matrix. The fourth name in the table should read Jason Bailey. That correction is at Commissioner Coletta's request. The next item is item 16A5. On the executive summary, the fiscal impact should read, release and satisfaction of lien estimated to be $10 per release rather than $46 per release. The total effect of this particular satisfaction of liens is $460. And that clarification is at staffs request. Next item is item 16C2. The title on the resolution reads, resolution 2008. It should read resolution 2007, at staffs request. And just on a lighter side, hopefully that will be the last time we make that mistake this FY, or this calendar year. Next item is item 16E15, and that -- in the executive summary under considerations, the sixth paragraph, second sentence, should read, the land costs for the 2.73-acre parcel is $51,870 rather than what's printed on the page, 2.27-acre parcel, and that clarification is at Commissioner Fiala's request. The next item is to withdraw item 16G 1, to approve and execute a site improvement grant agreement between Collier County Community Redevelopment Agency and the grant applicant -- applicants within the Bayshore Gateway Triangle community redevelopment area, and that item is withdrawn at staffs request. Next item is to move item 17B to 8G. That's a resolution by the Board of County Commissioners of Collier County, Florida, designating the parcels of land associated with the Crestview I and II, affordable housing development, as a brownfield area within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation, authorizing the county manager or his designee to notify the Department of Page 3 December 11-12,2007 Environmental Protection of said designation, and providing for an effective date. That item is being asked to be pulled by Commissioner Halas. We have several items of note. First, item 6B and 10K are related items. The next item, item lOA, the FP&L right-of-way agreement has been approved and assigned -- and signed by the chairman of the Vanderbilt MSTU. Copies of the signed agreement have been distributed and are available for review. And then we have two time certain items today. The first is item 8D. It will be heard at one p.m. It's a recommendation to consider adopting an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, establishing an impact fee deferral program for approved participants in the Community Workforce Housing Innovative Pilot program, which we call CWHIP, set forth in section 420.5095 of the Florida Statutes. This item is a companion item to items 10M and 12C in your agenda packet today. Next item that's time concern is item 12A, and that's to be heard at 11 a.m. this morning. It's the investigative report of outside counsel, Lawrence A. Farese, Esquire, of the firm Robins, Kaplan and Miller and Ciresi, LLP, to the Board of County Commissioners regarding the Richland PUD, which is Pebblebrooke, and the Olde Cypress PUD. That's all I have, Mr. Chairman, Commissioners. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Mr. Weigel, anything before I go to the commissioners? MR. WEIGEL: Thank you, but no, nothing further. CHAIRMAN COLETTA: Okay. Now I'm going to go to the commissioners for their ex parte disclosure on the summary and the consent agenda and any changes that they wish to see made to the agenda. We'll start with Commissioner Henning. Page 4 December 11-12, 2007 COMMISSIONER HENNING: Well, good morning -- CHAIRMAN COLETTA: Good morning. COMMISSIONER HENNING: -- Mr. Chairman. I received an email from Tom Taylor on 17 A, as far as my ex parte communications. Also, Mr. Chairman, on 12A, I would like to continue the report on Olde Cypress, and the reason for my request is the report leaves me with more questions than providing answers, and I don't think it's fair to the public or the Board of County Commissioners to go through a laborious question session that might not be answered. Being that we have a long agenda today, I would like to continue that one and work with the county attorney through the County Attorney's Office to hopefully get those resolutions. CHAIRMAN COLETTA: I hear you, Commissioner Henning, and I still think it would be a good time to bring it forward and hear what we have on it and then direct them, if we feel it's necessary, to come back with more. I'd like to be able to hear what you've discovered in addition to the report when it comes forward, that's why I personally would like to hear it. COMMISSIONER HENNING: Well, here's -- actually it's not only mine, but some of the -- some of the members of the public, and I -- the report is at 11 o'clock. It's to deal with two issues. The Pebblebrooke issue, I think that's going to take enough time, and therefore, I would like to have the Olde Cypress discussion continued to a further date. CHAIRMAN COLETTA: Okay. Let's hear the other commissioners. Commissioner Fiala? COMMISSIONER FIALA: I think ifhe has things that he wants to discuss rather than hear it all now and then hear it all again, I would prefer to just postpone it till the next meeting. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I read the report, and I think that Page 5 December 11-12, 2007 the report ought to come forward today. I think there's a lot of people out there that would like to get an understanding. Ifthere's additional items that need to be discussed at a later date, I think that's when it should be -- it should be brought back, at a later date. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I don't have any problem with doing it at a later date. CHAIRMAN COLETTA: Okay. Well, we have three commissioners that have no problem. Now you're talking about the full report or just the part with Big Cypress? COMMISSIONER HENNING: Olde Cypress -- CHAIRMAN COLETTA: Olde Cypress. COMMISSIONER HENNING: Just to continue the discussion of the report ofOlde Cypress. CHAIRMAN COLETTA: But to handle the rest of the disclosure? COMMISSIONER HENNING: Report, yes. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Mr. Mudd, do you want to mark that down, we're going to proceed in that direction. It's the will of the commission to continue the part of that report, Olde Cypress, to another meeting. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Okay. And with that, anything else, Commissioner Henning? COMMISSIONER HENNING: That's it. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have no changes or addition to the agenda, but I do have something to declare on 17 A, that is the Hiwassee PUD, and I met with Rich Y ovanovich and Bob Duane Page 6 December 11-12, 2007 once. Looks like it's once. Twice, I'm sorry. CHAIRMAN COLETTA: Okay. And let's go to Commissioner Coyle. COMMISSIONER COYLE: Thank you, Mr. Chairman. I do have a question concerning the agenda. I did not see a correction to this item. It had to do with the acquisition of some property. It referenced two different owners in the property. I raised the question yesterday. It was answered. It was acknowledged that the wrong names were used in the discussion of the property. And I didn't see a correction on the agenda for doing that. Is there -- don't you think we should correct that before we approve this agenda? MR. KLATZKOW: Commissioner, I don't think it needs to be corrected. The case name is one name, and we may have, depending upon these cases, five or six or seven different parcels, and we're just settling one of those parcels and that would be for that particular homeowner. This is how we normally do this to the board. COMMISSIONER COYLE: No. We are talking about two different things apparently. And I -- if! hadn't received an answer that said that it was an error, I would have brought my questions with me this morning and I would have the reference to this specific item. But it very clearly says that it is a -- it is a settlement for the owners of the property, and the property owners' names are included in the heading and in the objective portion of the executive summary. Someone else's name is included under the organization, or the discussion portion of the executive summary. Is it necessary to correct that or are we just going to approve it as it is and let you sort out the names properly later? MR. KLATZKOW: I think we're okay as we are. COMMISSIONER COYLE: Okay, all right. Then in that case, consent agenda item 16A, I have no disclosure, and for summary agenda, the 17 A, I have no disclosure, and that is it for me, Mr. Page 7 December 11-12,2007 Chairman. CHAIRMAN COLETTA: Thank you, sir. Commissioner Halas? COMMISSIONER HALAS: Yes. I don't have any changes on today's agenda. I don't have any disclosures on 16A11. I do -- did receive an email from Tom Taylor on 17 A, and that's it as far -- and there's no other additions or corrections to today's agenda. CHAIRMAN COLETTA: Okay. And I myself have no disclosures on the consent or summary agenda and no changes to the agenda. And with that, do I hear a motion to approve today's regular, consent, and summary agenda as amended? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Halas, a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Page 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING. 2007 December 11, 2007 Withdraw Item 6C: Public petition request by Ron McSwiney to discuss the Youth Haven Campus Expansion Project. (Petitioner's request.) Item 90: On the Executive Summary, the name Randy D. Mason is listed twice on the matrix. The fourth name in the table should read: Jason Bailey. (Commissioner Coletta's request.) Item 16A5: On the Executive Summary, the Fiscal Impact should read, ". . . . Release and Satisfactions of Lien estimated to be $10.00 per release (rather than $46.00 per release) totaling $460.00 . . .." (Staff's request.) Item 16C2: The title on the resolution reads "Resolution 2008" but should read "Resolution 2007". (Staff's request.) Item 16E15: In the Executive Summary under Considerations, the 6th paragraph, 2nd sentence should read "The land cost for the 2.73 acre parcel is $51,870" (rather than 2.27 acre parcel). (Commissioner Fiala's request.) Withdraw Item #16G1: To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (Staff's request.) Move Item 17B to 8G: A Resolution by the Board of County Commissioners (BCC) of Collier County, Florida, designating the parcels of land associated with the Crestview I and II affordable housing development as a Brownfield Area within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation; authorizing the County Manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date. (Commissioner Halas' request.) NOTE: Items 6B and 10K are related items. Item 10A: The FPL Right-of-Way Agreement has been approved and signed by the Chairman of the Vanderbilt MSTU. Copies of the signed agreement have been distributed and are available for review. Time Certain Items: Item 80 to be heard at 1 :00 p.m. Recommendation to consider adopting an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, establishing an impact fee deferral program for approved participants in the Community Workforce Housing Innovation Pilot Program (CWHIP) set forth in Section 420.5095 of the Florida Statutes. (This item is a companion to Items 10M and 12C.) Item 12A to be heard at 11 :00 a.m. Investigative report of outside counsel Lawrence A. Farese, Esq. Of the firm Robins, Kaplan, Miller & Ciresi L.L.P., to the Board of County Commissioners regarding Richland PUD (Pebblebrook)/Olde Cypress PUD. December 11-12,2007 Item #2B, #2C, #2D, #2E, #2F and #2G MINUTES OF NOVEMBER 5, 2007 - BCC/ AUIR MEETING; NOVEMBER 7,2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE CUNNINGHAM; NOVEMBER 9, 2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE PELLETIER; NOVEMBER 13,2007 - BCC REGULAR MEETING; NOVEMBER 19,2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE LAGACE AND NOVEMBER 19, 2007 - V AB SPECIAL MAGISTRATE HEARING WITH SPECIAL MAGISTRATE WATSON - APPROVED AS PRESENTED Now, do I hear a motion to approve the November 5, 2007 BCC/AUIR meeting; November 7,2007, Value Adjustment Board Special Magistrate Steven Cunningham; November 9,2007, Value Adjustment Board Special Magistrate Mark Pelletier; November 13, 2007, BCC regular meeting; November 19,2007, Value Adjustment Board Special Magistrate Gerald Lagace; and November 19,2007, Value Adjustment Board Special Magistrate Scott Watson? COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Fiala and a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 9 December 11-12,2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Service awards, Mr. Mudd? Item #3A SERVICE AWARDS: 20 YEAR ATTENDEES - PRESENTED MR. MUDD: Commissioner, service awards. We have one 20-year attendee, Noemi Fraguela from EMS. IfNoemi could come forward, please. (Applause.) CHAIRMAN COLETTA: Twenty years is absolutely wonderful. Thank you so much for your service to the county. COMMISSIONER FIALA: You must have started when you were SIX. MS. FRAGUELA: Three. COMMISSIONER HENNING: Thank you. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Hi, Noemi. Good to see you. CHAIRMAN COLETTA: We'll take a minute and get a picture here, if you don't mind. CHAIRMAN COLETTA: Thank you. Thank you very much. (Applause.) Item #3B SERVICE AWARDS: 5 YEAR RECIPIENTS - PRESENTED MR. MUDD: That brings us to Advisory Committee Service Page 10 December 11-12, 2007 Awards, and we have several five-year recipients here today for your presentation to them. The first five-year recipient is James Elson from the Collier County Citizens Corps. CHAIRMAN COLETTA: Here's your five-year pin. Thank you so much for the time you spent. COMMISSIONER FIALA: Hi, Jim. COMMISSIONER HALAS: Thank you for your service. COMMISSIONER COYLE: Good seeing you. CHAIRMAN COLETTA: Oh, could we get a picture, please? We take one every five years, see how much you age. MR. MUDD: The next five-year recipient is Deborah Horvath from the Collier County Citizens Corps. (Applause.) CHAIRMAN COLETTA: Let the good times roll. Once again, thank you for what you do for the county. MS. HORVATH: Thank you. COMMISSIONER FIALA: Hi, Deb. MS. HORVATH: How are you? COMMISSIONER FIALA: Merry Christmas. COMMISSIONER HENNING: Most importantly, what you do for Red Cross. MS. HORVATH: Thank you. COMMISSIONER HALAS: Thank you very much. MS. HORVATH: Thank you. COMMISSIONER COYLE: Congratulations, thank you. MS. HORVATH: Thank you. MR. MUDD: Merry Christmas. Thank you. The next five-year recipient is Walter Haskiewicz from the Collier County Citizens Corps. MS. HORVATH: You go, boy. CHAIRMAN COLETTA: Thank you very much. Page 11 December 11-12,2007 COMMISSIONER FIALA: Hi, Walter. COMMISSIONER HENNING: Thanks. COMMISSIONER HALAS: Thank you, Walter, appreciate it. COMMISSIONER COYLE: Thank you very much for your help, appreciate it. MR. JASKIEWICZ: Thank you very much. My pleasure. (Applause.) MR. MUDD: The next five-year recipient is Chief Michael Murphy from the Emergency Medical Services Advisory Council. (Applause.) CHIEF MURPHY: Thank you. CHAIRMAN COLETTA: Michael, thank you for your service. COMMISSIONER FIALA: These Marco Islanders coming up here. COMMISSIONER HENNING: Thanks, Chief. COMMISSIONER HALAS: Thank you, Michael. CHIEF MURPHY: Thank you. COMMISSIONER COYLE: Thank you for your service. (Applause.) MR. OCHS: Hi Chief. MR. MUDD: Congratulations. The next five-year recipient is Chief Rob Potteiger from the Emergency Medical Services Advisory Council. Chief? (Applause.) CHIEF POTTEIGER: Where's my check? CHAIRMAN COLETTA: Hey, check this out. Thank you, agam. COMMISSIONER FIALA: Boy, you are really good this mornmg. COMMISSIONER HENNING: Thank you. COMMISSIONER HALAS: Thank you so much. COMMISSIONER COYLE: Thank you. Appreciate your help. Page 12 December 11-12, 2007 MR. MUDD: Chief, good to see you. Merry Christmas. Commissioner, that completes our service awards and brings us to proclamations. COMMISSIONER HALAS: I'd just like to say before we go on with the proclamations how much we appreciate all these organizations that function on behalf of the Board of County Commissioners, and they are a real asset to this community. I want to thank each and every one of them, even the people that aren't here today. But the -- for their -- their dedication to serving the people here in Collier County. COMMISSIONER FIALA: Hear, hear. CHAIRMAN COLETTA: Thank you, sir. (Applause.) Item #4A PROCLAMA nON FOR RON PENNINGTON DAY TO BE RECEIVED BY COUNCILMAN JOHN SOREY AND COASTAL ADVISORY COMMITTEE MEMBER MURRAY HENDEL - ADOPTED MR. MUDD: Brings us to proclamations. Our first proclamation is for Ron Pennington Day, to be received by Councilman John Sorey and Coastal Advisory Committee member, Murray Hendel. Would you please come up. COMMISSIONER COYLE: John, Murray, would you please come up and accept this on behalf of Ron Pennington, who happens to be a very good friend of mine. I've known him for many, many years. He has devoted many, many years of his life to serving the people of Collier County. I regret that he cannot be here today, but I will read this proclamation. Page 13 December 11-12,2007 Whereas, Ron Pennington has been a resident of Collier County and active in the Greater Naples Community for over 25 years; and, Whereas, Mr. Pennington served as a member of the Naples City Council from 1992 to 1996; and, Whereas, Mr. Pennington was honored as the 2007 recipient of the Sam Noe Award for outstanding services as a member of the Moorings Bay Citizens Advisory Committee, as a City of Naples representative on the Collier County Coastal Advisory Committee, and for more than two decades of service and numerous other volunteer capacities in the City of Naples; and, Whereas, Mr. Pennington has been active in community issues over this period of time, taking particular interest in beach and coastal issues; and, Whereas, Mr. Pennington was the chairman of the Naples Beach Committee, the forerunner to the Coastal Advisory Committee, and was instrumental in the development of the County Coastal Advisory Committee and the use of tourist tax funds for beach renourishment and inlet maintenance; and, Whereas, Mr. Pennington was a member of the county's Coastal Advisory Committee serving from May, 2001 to May, 2007 and also served as chairman from 2002 to 2007; and, Whereas, Mr. Pennington was instrumental in the development and success of the recently completed $25 million beach renourishment program completed in 2006; and, Whereas, Mr. Pennington is generally regarded as Mr. Beach throughout Collier County. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that December 11,2007, be designated as Ron Pennington Day. Done and ordered this 11 th day of December, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. Page 14 December 11-12, 2007 Mr. Chairman, I make a motion we accept this proclamation. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle, seconded by Commissioner Henning. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. No surprise there. (Applause.) COMMISSIONER COYLE: John, Murray, it's a pleasure to see you. CHAIRMAN COLETTA: Why don't we take a minute and just get a picture so we can give it to Ron and show him what he missed. MR. SOREY: Can I say a few words? CHAIRMAN COLETTA: Please. MR. SOREY: Mr. Chairman, fellow commissioners, thank you for this proclamation. It's an honor for me on behalf of my fellow members of the CAC and all of Ron's friends, to accept this proclamation. Unfortunately, Ron's not able to be here today. He happens to be at the doctor this morning and is in a struggle with his health, but we wish him the best. Ron loves the City of Naples, loves this county, and is the Page 15 December 11-12, 2007 ultimate volunteer. He's the type of individual that you have to admire for his effort. But the thing that he gave the most of was his time. Dr. John Quinn captured the essence of Ron's time commitment. Take time to think; it's the source of power. We all know that Ron was a thinker. Take time to play; it's the secret or perpetual youth. We've all been fishing with Ron, know how much he loved the outdoors. Take time to read; it's a fountain of wisdom. Ron was always prepared. He knew what he was talking about. He was the expert. Take time to love and be loved; this is our greatest privilege. And as I said earlier, Ron not only loved the city, the county, but his fellow man. Take time to be friendly; it's the road to happiness. Ron was always willing and ready to help anybody that he could. Take time to laugh; it's the music of the soul. He always could find humor in the most serious situation. Take time to give; life has too short a day to be selfish. And he always gave of himself. Take time to work; it's the price of success. Nobody outworked Ron Pennington as a volunteer. Take time to do charity; it's the key to Heaven. Ron, we thank you for what you've meant to this city, this county, your fellow board members, and all the citizens of Collier County. Thank you, Mr. Chairman. CHAIRMAN COLETTA: Thank you, John. (Applause.) MR. HENDEL: Good morning, Commissioners. I would just like to pay a little tribute to Ron Pennington. I served with Ron on the CAC, and he was knowledgeable, reliable, and imaginative. He knew every outlet, every pass, and every estuary. He taught me about groins, jetties, shoals, dunes, and Page 16 December 11-12, 2007 hard bottoms. We would fight every -- he would fight every year with Jack Wert in order to get the most bed tax money for the beach. When Ron finished his term of the CAC, he was appointed to the board of directors for the Gulfshore Association of Condominiums, and I made him membership chairman. We have picked up, in Ron's brief tenure, seven new condominiums in our association, and Ron had to resign unfortunately from our board. But we got more members from Ron in three months than we got from my organization for over five years. I am proud to be associated with Ron. He was a wonderful public servant, and I wish him well. Thank you very much. (Applause.) Item #4 B PROCLAMA nON FOR BILL NEAL, "MAYOR OF BA YSHORE" WEEK TO BE ACCEPTED BY BILL NEAL - ADOPTED MR. MUDD: Commissioner, our next proclamation is for Bill Neal, Mayor of Bayshore Week. To be accepted by Bill Neal. COMMISSIONER COYLE: And this is another tribute to a long-time friend of mine, Bill Neal. Bill, would you like to have your lovely wife come up to accept this with you? MR. NEAL: I would love to. My lovely wife. COMMISSIONER COYLE: Good morning. Whereas, Bill Neal is the founder and leader of the Bayshore Gateway Triangle Community Redevelopment Agency Local Advisory Board. Additionally, Mr. Neal helped form the Bayshore Beautification MSTU in 1998 and served as its chairman for 10 years; Page 17 December 11-12, 2007 and, Whereas, his efforts in the installation of an effluent water system for irrigation was a savings to taxpayers, his acquisition of Bayshore Drive bus shelters for CAT bus drivers and acquisition of the FDOT grant to increase the lighting system on the Bayshore Bridge, adding streetlights and decorator banners to Bayshore Drive, and successfully changing the public's perception of the CRA community from the negative Kelly Road image to Bayshore Drive have all been greatly appreciated improvements for the area; and, Whereas, Mr. Neal led the community initiative to create a CRA to eliminate slum and blight. He created a stand-alone CRA office that serves the community needs, hired a CRA executive director to facilitate a master plan and expanded the CRA staff to three professionals; and, Whereas, his efforts in funding the median landscape on Davis Boulevard, his assistance to the county for FDOT traffic safety lighting on Davis Boulevard, and effort to help the county acquire land in the Davis triangle for stormwater solutions as well as the acquisition of land to facility catalyst projects have all greatly contributed to the improvement of the CRA. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of December the 10th, 2007, be designated as Bill Neal, Mayor of Bayshore, Week. COMMISSIONER HALAS: Second that. COMMISSIONER COYLE: Done and ordered this 11th day of December, 2007, Board of County Commissioner, Collier County, Florida, Jim Coletta, Chairman. I would like to make a motion to join Commissioner Halas's second -- COMMISSIONER HALAS: Hear, hear. COMMISSIONER COYLE: -- that we accept this proclamation for a man who has done a great deal for our community. Page 18 December 11-12,2007 CHAIRMAN COLETTA: Okay. Motion by Commissioner Coyle, second 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: The ayes have it, Mayor. (Applause.) COMMISSIONER COYLE: You get this proclamation. COMMISSIONER HALAS: What a fight. CHAIRMAN COLETTA: Thank you very much. COMMISSIONER COYLE: You get to do this too. He couldn't have done this without you. COMMISSIONER FIALA: Hey, Donna. How are you? COMMISSIONER HENNING: Thank you for his time. CHAIRMAN COLETTA: Oh, wait. You have to get in this picture, too. (Applause.) MR. NEAL: Certainly this comes as a surprise, and it is humbling, I must say that, even though my personality probably belies that at times. But anyhow, any reward that I receive and recognition that I get in this area goes to a lot of people, and I mean the folks on Bayshore who put up their own money to make a lot of it happen, and the folks in the CRA and the MSTU are continuing to improve Bayshore. Those of you that haven't come to Bayshore lately, please come down. It's one of the prettiest streets in Collier County. We have not stopped. We are putting in lighted crosswalks, you will soon see Page 19 December 11-12,2007 those, and we're putting royal palms on the sides, as well as we have them in the median. We also now are developing a program to continue the expansion of Bayshore all the way down to Hamilton Harbor. So you're still going to see the finest street in all of Collier County, and we're going to work hard on it. Couldn't have done it without help from the county staff and couldn't have done it without you guys. Thank you very much for your help. God bless. CHAIRMAN COLETTA: Thank you. (Applause.) Item #4C PROCLAMA nON ACKNOWLEDGING LAVIGNE KIRKPATRICK AND DR. LEONARD FERENZ FOR THEIR EFFORTS TO STRENGTHEN THE MORAL AND ETHICAL FIBER OF OUR COMMUNITY - ADOPTED MR. MUDD: Commissioner, the next proclamation is acknowledging Lavigne Kirkpatrick and Dr. Leonard Ferenz for their efforts to strengthen the moral and ethical fiber of our community. To be accept by Lavigne Kirkpatrick and Dr. Leonard Ferenz. (Applause.) COMMISSIONER FIALA: And it's my pleasure to read this proclamation. Whereas, between 2004 and 2006 under the leadership of Lavigne Kirkpatrick and Dr. Leonard Ferenz, the Character Council of Collier County created a character education program for Collier County public schools that is fully compliant with Florida state law; and, Whereas, in 2006, the CCCC, that's the Character Council of Page 20 December 11-12,2007 Collier County, created and copyrighted a perpetual calendar called the Circle of Excellence that identifies and defines the key character traits of positive behavior, i.e., the virtues and their related qualities, including those required by Florida state law; and, Whereas, beginning with the school year in August, 2006, the Circle of Excellence has been displayed at all Collier County school campuses and has been used by teachers to focus attention on the central features of the character education program created by the CCCC; and, Whereas, several private schools in Collier County have incorporated the Circle of Excellence into their character education programs; and, Whereas, over 100 local businesses are displaying the Circle of Excellence; and, Whereas, the Ritz-Carlton, Naples, has incorporated the Circle of Excellence into its ethics training; and, Whereas, the Boys and Girls Club of Collier County has adopted the Circle of Excellence and the character education program created by the CCCc. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Lavigne Kirkpatrick and Dr. Leonard Ferenz be recognized for their efforts to strengthen the moral and ethical fiber of our community. Done and ordered this 11 th day of December, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. Mr. Chairman, I make a motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a second by Commissioner Coyle. Any discussion? (No response.) Page 21 December 11-12, 2007 CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. (Applause.) CHAIRMAN COLETTA: Appreciate you staying with it all these years. MS. KIRKPATRICK: I'm going to say something very quick, and then I want to let Dr. Ferenz. First I'd like to thank the Collier County Commission for recognizing the work we're doing with character, and the only other thing I would suggest is that each and every one of us, I encourage you, to try to find a way you can help in some area to help with character because we know it's the beginning and the end of everything we do in the county. So thank you very much. CHAIRMAN COLETTA: Thank you. DR. FERENZ: I need to echo the sentiment that any recognition received on our part is really not -- or is due to tremendous efforts by a number of people that preceded us, especially the Board of Commissioners in 1999 who resolved that this Collier County become a community of character, and we have simply taken that resolution and tried to implement that through a character education program for the Collier County public schools. And I'm also happy to say that that impetus and initiative will empower and enable students today to become active and worthwhile Page 22 December 11-12,2007 citizens in our community in the future, so we're happy to see that. And I especially think this is a wonderful opportunity to thank not only the Board of County Commissioners, both present and past who have brought this about, but also the sponsors who have made it possible for us to create a character education program that is available to the schools and to the public, to the community at large, for free, because it's a grass-roots effort supported by the sponsorship of the Ritz-Carlton, through Mr. Ed Staros at the Ritz-Carlton, Cohen and Grigsby law firms, Hodges University, which you know now is-- received a wonderful gift from the Hodges family, and Ironstone Bank, and our state representative Garret Richter. So we've had a real grass-roots support for this effort. I am happy to say it's really something that has taken off as an initiative, and I think we will see the Circle of Excellence probably as a very visualable -- visible, sorry, tool for our community, and I'm hoping to see it on everybody's refrigerator door. It's nice and big and will be lots of fun for you all to use at home. So, again, thank you very, very much, and it wouldn't be possible, really, without your recognition and your support throughout this endeavor. CHAIRMAN COLETTA: Thank you, sir. (Applause.) Item #5A PRESENTATION BY JANET W A TERMEIER, VICE CHAIR OF THE FLORIDA TRANSPORTATION COMMISSION REGARDING STATE ROAD FUNDING - PRESENTED MR. MUDD: Commissioner, that brings us to presentations. We have a presentation today by Janet Watermeier, the Vice-chair of the Florida Transportation Commission regarding the state road funding. Page 23 December 11-12,2007 This item was asked for by Commissioner Coletta. CHAIRMAN COLETTA: Yeah. Janet, welcome. Thank you so much for taking the time out of your day to come to talk to my fellow commISSIOners. Back about 10 days ago Janet gave a presentation at the Urban Land Institute transportation update, and I thought it was extremely informative, so I asked her to put the show on the road and bring it to the commission and the public to be able to better understand some of these situations that are out there and that we have to face up to in the coming years. Janet? MS. W A TERMEIER: Thank you very much. It's such a pleasure to be here. I've served on the Transportation Commission for six years filling Valerie Boyd's position when she moved to California from Collier County, and I have to say that it says Janet Watermeier vice-chair, but this might be the last vice-chair activity I take because as oflast Wednesday, there's a whole new chair and a whole new commission, and I'm no longer on it. But I wanted to have this opportunity to spend a few minutes, and I'm doing this in very brief format. This is a 45-minute presentation, so we're going to get this down to 10 minutes, as we kind of go through it. The Transportation Commission was created by the legislature in 1987. It's nine members representing all areas of Florida, and I represented 12 counties, which is most of the rural counties in the center of the state, and Southwest Florida from Manatee to Collier County. You're appointed by the governor, confirmed by the Senate. You're not involved in the DOT day-to-day operations, and you really don't have anything to do with allocation of funding. So those of you that are concerned that we don't have enough money in Southwest Florida, I agree with you, but it's not something that I can help with on a particular road. Page 24 December 11-12,2007 We recommend major transportation policy and we review major policy initiatives. We serve as an independent oversight board, and what we really do is set performance measures and state -- and I will tell you that your District 7 transportation meets and exceeds its expectations every single time, so you can be very proud of them. We also serve as a nominating commission for the secretary of transportation, and in the six years I've been there, I've done that three times. So I guess the average length of time for a secretary of transportation is about two years as we move forward. What I want to talk about are some transportation trends, particularly funding. And our demand for services is growing faster than we can deliver them. Costs are increasing. We're just not keeping up with demand. And what we've done with our transportation funding system, as -- I want to almost talk about it like the doctor's office -- we pace it. There's not enough money so we put it into 1 O-year plans and we break it into five-year plans and then one-year plans, and then we go through a little bit of right-of-way and a little bit of funding of this. And the real reason we do that is because there's not enough money and you're pacing it. When I first went on the Transportation Commission, my first activity was, what about new corridors? What about emerging urban areas like Southwest Florida? What can we do? And one of the concerns -- they would take me into a darkroom and show me all these plans because they just didn't have enough money to do the things they needed to do, and this is really why. One point three percent Florida lane miles. That's what we're adding each and every year in Florida, but our population is growing. And even though we might have had a slight dip, we're really projecting to continue that. But what the real telling issue is, is 5.4 percent is the growth in the vehicle miles traveled. We're traveling further, we have more cars. Page 25 December 11-12,2007 And about in 2004, the Transportation Commission did a study to try to figure out how short are we in this budget? Because up until that point, we really didn't have a number, and we found we have a shortfall of $23 billion in our 10-year transportation funding plan, not to bring our roads up to where we want them, just to maintain today's conditions. And that gap continues to grow each and every day. So this is what you're seeing here. The lane miles traveled is exceeded by the population growth, is exceeded by the daily vehicle miles traveled, and ultimately what that means is, we're spending longer and longer times in personal hours of delay and congestion. Now, this new governor that we have, Governor Crist, would like congestion to be his major focus of transportation as we move forward. But here's where we're headed where the doubling -- this is the doubling of Florida's future. Our freight is going to double by 2025, our visitors are going to double by 2030, our population's going to double by 2050, our vehicle miles traveled is going to double by 2050, but we are not doubling the amount of money we have for transportation. Right now if you look in 2005, this is the congested corridors in the State of Florida, and this is where we are projected to be if we spend every time that we have on our strategic intermodal system that is planned. This is what you're going to see. So it's not a pretty picture as we move forward, and part of the reason for that is that construction costs are increasing and revenues -- and if I were to draw this today, they're actually going down. And I'm going to talk a little bit about what the future holds. But this is what's happened. Since 2003, the cost of highway construction materials has risen 42 percent. And you can see, up until that point in time, it was very, very flat. It started with the cost of steel, and it almost doubled. And then it moved on to core highway construction materials. Page 26 December 11-12,2007 And one of the issues is crushed stone, and one of the concerns we have is not just the cost of crushed stone, but the supply of crushed stone, which is what all the roads are basically based on. What's happening right now is in the lake belt mining region, where we get 90 percent of our crushed stone, we're finding that because growth is coming to where that lake belt area is, there's a good chance that we will not be able to continue to mine there. And if we have to go to Mexico to bring in stone and we can't get more mines open in the State of Florida, then we're going to pay even more for crushed stone than we are now. Ready-mix concrete as well. Asphalt paving mixtures. Well, what you can really see is that the cost per mile to build a road -- I -- my background is economic development. I was the economic director for Lee County for seven years, about the same time Susan Perigas was here. And prior to that, I worked for Westinghouse Communities. And when we used to develop a community, we used to use a rule of thumb, a million dollars a road a mile. It's not there now. You can see. New construction projects average $7.8 million a mile. There are some improvements over what we used to build, but for the most part, it's relative cost. And if you go down to the rural areas, it's a little better. There are three primary funding sources of funding for transportation, particularly roads. Federal, the gas tax, which up until about 2002, represented about half of everything that we had; state funding resources, and the only new funding source we've had in quite a while is our regional funding source, which is the Transportation Regional Improvement Program, and that has been very well received, requires a local match; and then the local sources of funding. And if you kind of take a look, this is the funding plan for 2006/2007 to 2010/2011. And I really want to show you this to break it down. In 2002, that 24 percent federal aid would have been close to Page 27 December 11-12, 2007 a 50 percent number. So you can see how things have been shifting and how we often think the state is not providing additional funding. And I will agree, we're not keeping up with demand, but I want to just show you the breakdown. Forty-seven percent of the funds is coming from state funding; 2.5 billon or 7 percent, from tolls and local; and 3.8 billion from the turnpike. The federal aid is decreasing, and that 11 percent doc. stamps, when Representative Mike Davis was here, he led the growth management -- the growth management bill, and when he did, he put -- we were -- for the very first time, we were able to get a portion of doc. stamps out of general funds actually be used for transportation. I want you to kind of pay attention to that one because that one will probably go away, that 11 percent money will probably go away in the next round of budget cuts at the state level. It almost went away in the last cut, and through a lot of private/public people and cities and counties together, we were able to keep that. But I also want you to look at that federal aid, that 24 percent. Right now, the way the trust fund at the federal level is running, will go broke in 2009. So if we don't come up with another way at the federal level to fund or increase the gas tax or do something, we're going to not have that federal funding in future. And then if you look at the revenue estimating conference, just came out with the way we calculate our taxes in the State of Florida, there will be a 1.5 billion dollar shortfall just because of declining property values, sales taxes, and what's happening in our economy today. So I guess the picture that we're painting is, it's going to get worse before it gets better unless we do some new things with funding. This is the breakdown of state revenue by category. If you look at the bottom, that's the fuel tax, and you can see how in 2002 it was a Page 28 December 11-12, 2007 much larger percentage share. The blue bar above that is a state tax, and then you get to the light blue, which is vehicle registrations. Makes up a very large portion and it's growing because we're registering more and more vehicles. The little yellow bar is aviation, very small percentage. The rental cars surcharge is the gray. The local option, which Collier County does have a local option tax, is in the peach. That documentary stamps, that's the new money that we talked about going in place with growth management. So we expect that blue bar to go away. And if you see that little purple bar, when Representative Davis helped pass the growth management legislation, there was a one-time shot of growth management money supposedly to take care of the backlog, and that is not recurring funds. So if you look at that light blue bar, you can see that it's a significant amount. I often hear people say, the state is not increasing money. They are increasing money. The problem is, it's not enough to cover our demands. And if you look at the five-year periods, you will see that on a yearly basis so -- say, for instance, since 1994 they have continued to increase in billions of dollars, but billions of dollars is not meeting our gap and it continues to do that. The federal gas tax right now is 18.3 cents per gallon, and this just shows you, with the costs rising and with inflation, that right now the same gas tax buys nine dollars -- 9.6 cents worth of value for us. And so in order for us to bring that up to being able to purchase what we were able to purchase in 1993, you'd see that we would have to increase the gas tax to 28.8 cents. And I don't know about you, but I don't think our Congress right now is ready to increase the gas tax, particularly with gas running about $3 a gallon. It's just not going to happen politically at this point in time. But you can see the challenge of where we are. Now, I told you that the funding state -- the shortfall was $2.3 Page 29 December 11-12, 2007 billion a year, but that's really in 2003/2004 numbers. That equates to about $120 a person per year in the State of Florida; 4 billion brings it up to an improvement level where we would feel the difference. In fact, that would bring our strategic intermodal system, which is the state's highest level, at least up to what we would like to see it be. If you add the local systems -- and we don't have those numbers exactly because they're very different ways of calculating it throughout the state, although we're trying to standardize it, we think it's double that. And if you add airports, ports, rail, transit, all of the other modes that are competing for these same dollars, it's probably double that. So what we're talking about is a very big issue and a very long-term challenge to funding. And if you're looking at future trends, we see federal funds going down, we see state resources going down, and with tax reform and the change in our economy, we see local resources going down. So the trend is not a wonderful trend as well. I had the pleasure of participating in this 2025 Florida Transportation Plan, which brings together people from all walks of life, cities, counties, environmental citizens, transportation folks, to try and look forward, and for the very first year in the transportation plan for the State of Florida, there was a funding goal. Usually you don't have a funding goal. You have goals and you fund to meet it. But we did. Provide incentives to maximize the use of funding, offer greater choices in flexibility for raising, investing local resources. You know, when the growth management bill went in, the piece that was missing were the local resources. We did not do that. It was in the bill and it got taken out, and we need to find those local resources. We need to recognize the shortfalls at the state, the regional, and local level, and we need to recognize the need for new corridors and alternative funding. Because I come from an economic development background, I'm Page 30 December 11-12,2007 always looking at competitiveness. Competitiveness of our region. In the U.S., the regions, the states, if we're going to compete in this global economy, we have got to invest in our infrastructure. So what we're seeing more and more of is innovative funding strategies, public/private partnerships, leveraging public dollars, leveraging funds at all levels. You don't get a road built today unless you get counties and cities and states and the private sector to all come together to make things work, and we're seeing more and more user fees and tolling. As a matter of fact, about 90 percent of all new capacity roads in the United States over the last decade were actually done with user fees or tolling. Right now we have an opportunity to try and do something different with transportation funding. The Constitutional Taxation and Budget Reform Commission, which I'm sure you're well aware of, it's a 25-member mission -- commission that can actually put issues on the ballot for November 28th -- November 2008. It's going to take 16 of the 25 members to do that. Former speaker of the house Allen Bense chairs that, and he, working with the Transportation Commission, said that his three primary goals were to better administer property tax, streamline sales tax -- and that really means exemptions -- but the third one was better fund transportation. So the road builders for -- Florida Association of Road Builders, Floridians for Better Transportation, the Transportation Commission, the Department of Transportation, all sat down and said, what could we do to propose to the legislature and to the Constitutional Taxation and Budget Reform Commission to come up with $2 billion a year in recurring funds to at least help bring us up to the level that we are not -- that we are maintaining our roads where we need to be. And this is the funding options that we came up with. It's a menu. If we were to double in index the motor vehicle registration Page 31 December 11-12,2007 fees -- these are the tag fees, these are dealer fees and truck fees -- we would raise $700 million a year. Ifwe would increase an index to cost of living, the title fees, from $24 to 50, we would raise $200 million a year for the state. If we would index local and federal gas taxes -- some of the state is. But if we did that, we could raise 325 million. And one of the proposals is that we create something that indexes the federal gas tax, but we keep it locally, we don't send it up. So we would actually have a tax that indexed the federal gas tax and bring it back to the state. Ifwe were to equalize the l2-cent local option gas tax, that means the counties that have not used that, then we would raise 320 million. If we were to eliminate all the transportation trust fund diversions, that would be $200 million. And then to get up to the other 255, we'd have to do multiple options. Maximizing private/public partnerships. I-75 right now is the first private/public partnership, that expansion, that $43 I-million expansion, that the state has done, and that came out of work of changing the legislation so that you could allow a design/build finance within the State of Florida. I will tell you that although that's the largest project, there are two that are about to eclipse us. One is the Jacksonville outer beltway, and the other is Interstate 595. So although we were out in front, there are others right behind. You're going to see increased tolling projects through the Turnpike Enterprise and transportation authorities. In fact, we're seeing more and more growth of transportation authorities. As of last year, all of the transportation authorities around the state have come under the Transportation Commission to watch the ethics and the purchasing and their standards, so you're going to see that become much more important as we move forward. But if you add that all up, you get $2 billion a year in recurring funds. I had the pleasure on Friday to present this to our legislative Page 32 December 11-12, 2007 delegation and task them to go up there and make sure that they start to work on this if it doesn't go through the tax commission. What are the future trends? And we're really wrapping up here. Future trends are a whole lot more regional systems and corridors, focus on transit in a different way, new corridors, bypass toll roads, congestion management -- you're going to see a lot more of that -- intelligent transportation systems. If -- and for funding, the more creative funding strategies we can use, the better. You're going to see much more leveraging of resources and much more in user fees. Transponders, open-road tolling, variable pricing. That's in the short term. In the long term it's very likely that we're going to see a switch from gas-tax focused funding of our transportation system to vehicle miles traveled. There are a lot of issues with that. The dialogue is beginning, there are privacy concerns, but in some of the states they are doing it, and there's some pilot projects, so that's something you ought to be watching for in the future. So with that, I want to thank you for listening to me, and if you have any questions, I'm here. CHAIRMAN COLETTA: Yes. We have three commissioners that have questions. Commissioner Halas first, then Commissioner Henning, then Commissioner Fiala. COMMISSIONER HALAS: I understand the transportation problem as you brought forth. I believe the state has an obligation into coming up with five-year capital improvement element, just like the counties do. And obviously they haven't done this. Also, in the growth bill, the 360 bill, I believe there was supposed to be $1 billion involved in that. We didn't see a cent. The other thing, FDOT had a five-year program, and we were supposed to get our fair share in regards to Davis Boulevard. Obviously we didn't see that. So I think the state and FDOT is looking for other ways out so Page 33 December 11-12,2007 that they don't have to be concerned with managing growth in this state, so what they want to do is they want to set up a regressive tax __ and that's what you're here for today is a regressive tax -- in regards to tolling. And as far as I'm concerned, that's a regressive tax. When you start tolling people -- lane miles of seven cents to 28 cents a mile, that's just starters, and I've got a problem with that. If our legislators in Tallahassee feel that we are in a crisis state, then instead of picking on the 67 counties and cutting taxes, they need to go to Washington, load up on buses and go up to Washington and start lobbying for more gas taxes down here in the State of Florida. When there're states up in the northeast that get $2.80 for every dollar that they send to Washington, there's something wrong. And this is one of the fastest growing states. And I've made that very clear when I've gone to Washington. And it's about time that those people up there understand that if they're going to get money, they need to go up to Washington, they need to go up there and lobby, and we'll get the money down here. MS. WATERMEIER: Commissioner, I agree with you, okay. I am -- I am 100 percent with you. There's not enough -- there's not enough money. We need to -- in fact, I spent a lot of time with the Department of Transportation up in Tallahassee the last go-around. I will tell you though that my sense of being up there right now is that there isn't a lot of support at the congressional level. I do believe that there's support at the state level. But just like the counties, they are challenged right now with where their funding is going to come from, with Medicaid and all the other competing activities, education, human services, but I do agree with you. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Good morning, Janet. MS. W A TERMEIER: Good morning. COMMISSIONER HENNING: You know, your presentation showed that the increase in demand for our infrastructure, Page 34 December 11-12, 2007 transportation infrastructure, has increased, but yet the income stream has declined. And you're shaking your head yes on that which, you know, doesn't make sense. If you've got people using the transportation, roads, they're going to spend -- you're going to purchase more gas. The more gas they purchase, the more gas tax is -- should be allocated. So what the bureaucrats are telling you is what they want for the public to hear. But the bottom line is, like Commissioner Halas stated, we're not getting our fair share, and that's the bottom line. That should be, really, the message to the bureaucrats is, we need to go after our fair share, not that we have depleting funds. We have depleting funds because it's a choice of the bureaucrats not to go after that money. And, you know, big government needs to understand it's about public service instead of other service. So I'm not going to accept a report that obviously is flawed and skewed showing problems up in big government. MS. W ATERMEIER: Commissioner, and there's one challenge with the gas tax. One of the things that's very good for our environment right now is that we're getting better gas mileage, we're going to hybrids. We're actually -- there are certain types of specialized fuels that are not subject to the gas tax. And so what's happening is, we're actually getting less and less gas tax per mile per car driven, so -- COMMISSIONER HENNING: I don't agree with that because what I see what we're getting in local gas taxes every year in our budgeting, Commissioners, has increased. So the gas tax hasn't changed. It's just the formula has changed. You know, our budget director's provided that information for years and years. It's the choice of others to hold -- put their head in the sand and, therefore, we're punished because of it. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. A couple things. I think there Page 35 December 11-12,2007 are some things that could be fixed pretty easily. For instance, I was taking my husband to the airport on Saturday, and we got held up -- a fuel truck had caught fire, the back end of the fuel truck. By the time we got there, the fire had been out, there were fire engines sitting around and the traffic, of course, was backed up all the way. We couldn't really tell what was wrong, but it was on an overpass and they diverted all the traffic. By the time I was coming back, the line of traffic was over two miles long, all backed up, but I could see now what was going on because I'm coming back. They're all sitting around on the bridge talking, everybody's having a good old time, they're waiting for a tanker to come in from Fort Lauderdale, they knew it was going to take a while for the tanker so they could unload this thing, and there's the lanes wide open, no fire, no hazard, nothing, and they kept everything diverted. Now, people are saying or complaining, look at our roads, we need to have bigger roads. I think if we had better -- ifFHP had better policies about how to divert traffic rather than tie up everything like that, senselessly -- and you see this over and over again. This is just one instance. That's my first thing. I think we should -- I think the state should get after FHP and suggest better ways of keeping the traffic moving. And then, second thing, why are we diverting $200 million worth of transportation dollars to something else? Now we're short of money. We should not be diverting anything to anything. If that's transportation dollars, stay there. I think also, with construction prices decreasing -- thank Heavens -- and we've noticed it here -- I think that makes a difference in -- possibly in your calculations. We -- there's a great effort right now to reduce illegal immigrants. That means, you know, when you have a few less million people coming in, and maybe your -- maybe there's a few less -- you Page 36 December 11-12,2007 know, a few -- you know, even 100,000 in our particular area alone, and all of Southwest Florida, that helps also with the impact on the roads. And then with the housing crunch as it is, not many people are moving down here right now. Not many people are moving at all, quite frankly. So this gives us a chance to catch up. And lastly, when I think of tolls and then you see them diverting those tolls right away to big business people, buy those things, and they're the ones that increase the tolls, but our state doesn't get the advantage of those tolls because big business is getting it. I just -- I just -- I'm repulsed by that, as a matter of fact. Thank you. MS. W ATERMEIER: Well, please let me remind you, I'm a private citizen now. COMMISSIONER FIALA: I know that. I know that. MS. W A TERMEIER: I do not write the laws or the rules, but I have fought for Southwest Florida for the last six years, and I think we've done relatively better over the last few years than we have in the past. But please don't underestimate the challenges ahead of us, because as easy as it is to try and push it off on somebody else, the truth of the matter is, we're the ones that live here day in and day out, and we need to be able to figure out where it's going -- where we're gomg. And I am not promoting tolls. Please, believe me. That is a decision that others make. It is simply the wave of how things are getting done in the funding structure of today. I would advocate that we need a whole new funding structure. I do not believe that this funding structure works. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Ms. Watermeier, thank you very much. Wonderful presentation, I appreciate it, and I understand you're not -- you're not responsible for these things, but I hope you're getting the flavor that we're mad as hell and we're not going to take it Page 37 December 11-12, 2007 anymore. COMMISSIONER HENNING: Absolutely. COMMISSIONER COYLE: That we've reached our limit. And I think it's important and -- that we all understand the real issues here. You've talked about the problems we have, but there's nothing here that deals with the root cause of this -- this funding issue, and it's certainly true that Florida is a donor state to all the other states in the nation. Nobody's doing anything about it. Collier County is a donor state (sic) to all the other states (sic) in Florida. Nobody's doing anything about it. The Florida legislature is working at cross purposes with the Budget and Taxation Reform Commission. How in the world are you going to vote on a tax reduction package in January when this commission is going to be presented more referenda for November? You have no idea how they're going to work together. The state legislature is reducing revenues and reducing funding source for local governments. You're talking about finding additional funding sources for local. That's not going to happen. The -- there are too many leaders in our legislature at the state and at the national level who are more concerned with getting themselves reelected and getting headlines about how well they're reducing taxes than they are about solving the problems. And until we start getting honest about that, we're never going to solve the problem. We've got a credibility issue with legislators who pretend that they're trying to solve problems, and they're doing nothing more than trying to get their name in the newspaper so they can get elected to some higher office, and that goes from the governor right on down as far as I'm concerned. The -- can you imagine -- we spend a minimum of $70 million in Collier County for direct expenses as a results of illegal immigration, a minimum of $70 million. Can you imagine what we could do with $70 million if we didn't have to spend it on people who should not be Page 38 December 11-12,2007 in this country in the first place? It's a real problem for me. And by the way, can you imagine how many cars you'd take off the road every day -- I'm talking about tens of thousands of road trips every day in Collier County -- if you didn't build student parking lots at schools? How much gasoline would you save? You've got a bus system. Children can still get back and forth to school. It's a wonderful convenience. Is it necessary? I don't think so, but that's not going to happen in my lifetime. But people are not thinking about those kinds of things. They're looking for ways to transfer these problems onto the backs of local taxpayers. That's really what this all is. And that's why we're concerned about it, and that's why we're a little angry, and it's not at you. COMMISSIONER FIALA: Not at you. COMMISSIONER COYLE: We appreciate -- it's a wonderful presentation. It was very informative. It was helpful for me to understand some of these things, but the real problems, again, are with our elected representatives who are not representing us. MS. W ATERMEIER: Sir, I do not disagree with you. I am from this area. I've lived here for 20 years. I've lived in four of our Southwest Florida counties. It's a beautiful place. But we are feeling growth pressures that we have never felt before. And as much as I would love to have faith in our Congress and faith in our legislature to do the things that need to be done, I find that the place you really get things done is at the local level. So, you know, hopefully you all will try and help figure this out from the local level, because I really don't have confidence that we're going to figure it all out at the state and the federal level. COMMISSIONER COYLE: Not until they begin to listen, and they're not going to listen until they know that the people are fed up. And when people start speaking out and holding them accountable for the decisions they make, I think they'll start making better decisions. Page 39 December 11-12,2007 But so far nobody wants to deal with them, okay. We're willing to bear the brunt of all their shenanigans on the local level, and we still held them as conquering heros when they come back to visit us once in a while when they're out of session. I'm not buying it anymore. I think we need to be very direct and honest with these legislators, and we're going to find out how -- how much they really care very soon when the legislative session begins and we find that not one of our legislative priorities that we've communicated to them is being sponsored by our local legislators. We're going to understand that very clearly very soon. MS. WATERMEIER: Thank you. CHAIRMAN COLETTA: We still have Commissioner Henning, then Commissioner Halas, but before we do that, I -- the reason you're here today is to share data out there, not only with the five commissioners up here who are pretty knowledgeable about what the real world is made up with, but for the listening public, and we have quite a following of people out there that do watch this meeting on a regular basis. And I think the only thing -- the only way we can keep this in front of the public and to -- to reach some sort of resolution down the road is through this continued public exposure of what's taking place. I mean, we have a serious problem that exists, and it's going to continue to get worse unless somebody, like Commissioner Coyle said, somebody does something about it. And the truth of the matter is, what the Collier County Commission has in the way of power is extremely limited. We only have a very limited amount of funds. And if I remember correctly, we're in the hole, one heck of a lot. I can't remember what the number is now, but it's up there, it's way up there, like a half a billion dollars or so shortfall, and it's going to get worse as we get into the years __ into the coming years. And we have to keep this in front of the public at all times. Wet Page 40 December 11-12,2007 have knowledgeable commissioners and they need to share this information. And so I would encourage my fellow commissioners to officially invite somebody here too to make further presentations so that we can keep this particular effort going forward. A knowledgeable public is the public that's going to carrying the ball at the end of the day. And with that, Commissioner Henning, then Commissioner Halas, then we're going to wrap this up. COMMISSIONER HENNING: Well-- and the public needs to be aware of the fact that in 2000, the legislators in the State of Florida had a $20 billion budget. This working year, even with the cutbacks, their budget is 74 -- over $74 billion. So I think it's a choice of where they prioritize their funds, and I haven't seen anybody talk about the federal budget being reduced. It's all about priorities, and want to be everything to everybody. But the fact of the matter is, everybody's affected by our network of transportation. CHAIRMAN COLETTA: Commissioner Halas, then we'll wrap it up. COMMISSIONER HALAS: First of all, I hope that you realize that I'm very passionate about this issue, about the obligations that the state has as far as funding goes. It's my understanding that the State of Florida right now has about $18 million, or 18 million people, and we're looking at probably another 18 million people somewheres in the time frame of 2030 to 2040. I would think that the state then has to realize that they have an obligation of figuring out what the load carrying capacity of this state is and just how -- how many people can really be in this state, and how they're going to address the transportation issues. As you brought out, the transportation issues and trying to fund them are going up at an exponential rate. So I think that they really Page 41 December 11-12, 2007 have to realize what's going on, and it relates back to, each of the counties has to come up with a Capital Improvement Element, and I believe that the State of Florida should have that same obligation and they should realize what Florida's going to be when it grows up. So I think that they've got a strong obligation to address this. It shouldn't be all on the local people to figure out how they're going to address transportation needs. I think it's a partnership. And as Commissioner Coyle said, until they get the message up there in regards to what needs to take place here in the State of Florida, I don't think we're going to get very much accomplished. But I think that they've got to come to the reality that there's 67 counties, and what we've gone through in the last year has put a tremendous load on us in trying to figure out the best way that we're going to address future transportation problems and future growth here in the State of Florida. Thank you. MS. W ATERMEIER: There is a 50-year look right now going on called the Florida's Future Corridors Initiative, and it is looking out 50 years and looking where the connector roads need to be, not only within the state, but state to state, and actually putting the dollars with it. Because of that effort, that is part of the reason that I-75, our design/build finance is happening. That's part of the reason the Jacksonville outer beltway is happening, as well as the I-595. So there are some things happening. It's just a very complex and very big and very expensive issue. And it's not just roads. It's our ports, it's our rail lines. The state has just finalized an agreement with CSX to purchase some lines because that passenger rail line is less money than building roads. So it's priorities and tradeoffs, and I totally agree with you. CHAIRMAN COLETTA: Janet, if! may make the closing statement on this. I think it plainly comes down to one thing, if we can't provide the infrastructure, if we're not given the tools to do it, Page 42 December 11-12,2007 locally, if the state won't assume the responsibility, if the federal government won't assume the responsibility and we're going to have more people coming to the state without the infrastructure in place, at some point in time the State of Florida has to come up with a Growth Management Plan that says enough's enough. Until the infrastructure's in place, you won't be able to come down to Florida. You won't be able to expand your projects. In other words, the state would have to be forced to place a moratorium. But they'll never build that in for one reason; the people that drive the state are the money people that build the homes, and they're trying to keep that cost down as much as possible by not providing the infrastructure. And it's the people that will follow them that will bear the consequences of the sins of the people that were there in the beginning. But Janet, once again, thank you so much for being here. You can see it's a very passionate issue for this commission. And when it comes back again, and I'm sure it will be from other venues, I'll make sure you're notified so you can be here to join in if you'd like to add something to the conversation. MS. W A TERMEIER: Thank you. And as a private citizen, I offer my assistance when you're trying to strategize. So if you want to pick up the phone and call, I'll be glad to come in and help on a complementary basis. Thank you. CHAIRMAN COLETTA: Okay. We're going to end this whole thing with Mr. Feders (sic). No, I'm sorry, Mr. Feders. You were standing there like you had something very important on the -- to say, but you don't? COMMISSIONER COYLE: He was just falling asleep at our discussion, I think. CHAIRMAN COLETTA: That's why he's standing up and moving around now. Okay. I'm glad we could entertain you. Thank you so much, Janet. Page 43 December 11-12, 2007 MS. W A TERMEIER: Thank you. Item #6A PUBLIC PETITION REQUEST BY DEB BE FAUNCE TO DISCUSS INAPPROPRIATE BUSINESS PRACTICES BY A COLLIER COUNTY LICENSED CONTRACTOR - DISCUSSED AND CONTRACTORS' LICENSING BOARD TO KEEP THE BOARD UPDATED ON PROGRESS OF THIS CASE SINCE CONTRACTOR IS UNDER INVESTIGATION BY THE STATE MR. MUDD: Commissioner, that brings us to public petitions. Our first public petition is a request by Debbe Faunce to discuss inappropriate business practices by a Collier County licensed contractor. Ms. Faunce? MS. FAUNCE: Good morning, Commissioners. I'm speaking today about permit number 2005100523. MR. MUDD: State your name, please, ma'am. MS. FAUNCE: My name is Debbe Faunce. I live at 13585 Collier Boulevard here in Naples. In May of 2005 my husband and I hired a Florida licensed contractor, Carlos Pio of Deco Homes, to build a guesthouse on our property for my mother. The house was under 1,000 square feet and was supposed to be a stand-alone house with separate electric and sewer at a cost of $83,000. The permit was not issued until December, 2005, and construction did not begin until January of2006. To shorten a very long and agonizing story, the contractor -- who was asking for early draws during construction so the job would not be delayed, the county passed the placement of the foundation of the house too close to the main home so the house could not have a separate meter, and a roof attachment had to be designed and added extra expense and delay. Page 44 December 11-12, 2007 After paying the contractor, Carlos Pio, and his subcontractors who put liens on our property because he didn't pay them over $90,000, he abandoned the job and left us with a deteriorating shell that had about $20,000 worth of work into it. We filed a complaint with the DPBR and with the Economic Crimes Unit in Collier County, and I took over as owner/contractor on May 31, 2007. After paying retail prices on every piece of material purchased to complete the construction, we have now paid over $150,000, and the house does not have solid wood cabinets and granite countertops or any of the extras that were included in the original contract. We applied for the CO on November 7,2007 and were informed that we had to pay an additional $860 for 12 failed inspections under Carlos Pio, revisions and permit fees due to the delay in construction while under the licensed contractor, Carlos Pio. Not only was a theft and fraud committed against us by a licensed contractor, but we were forced to pay for his and the county's errors as well. In speaking with -- to Sergeant White and Detective Moscotto of the Economic Crimes Unit, we learned we were one of 26 victims of Carlos Pio. In order to prosecute Mr. Pio in Florida, law enforcement must be able to prove intent because Florida is one of three states in the United States where the contractors have had intent written into the state statutes. It is apparent that the laws in Collier County are written for the contractors, and there is no incentive, as far as I'm concerned, to hire licensed contractors in this county or in this state. What I'm here today for is that I believe that the county should at least return the $860 that we were forced to pay for all of Carlos Pio's failed inspections -- we did not fail any inspections while I was the owner/contractor -- and go after Carlos Pio like we have to. Thank you. Page 45 December 11-12, 2007 COMMISSIONER HENNING: Questions, comments from the board? COMMISSIONER COYLE: I'd like to hear from the county attorney about what jurisdiction we have in this issue. MR. WEIGEL: Well, the matter -- the matter, of course, can be referred to the Contractor Licensing Board as an avenue. And her one statement she made about the laws of Collier County or the laws of the county not being sufficient, I believe that the Contractor's Licensing Board can hear in regard to the performance and provide a forum for all parties that are interested that wish to come before the board a la the contractor as well, and that they independently can, in fact, make decisions relating to the licensure locally here. COMMISSIONER COYLE: But if the company is out of business -- MR. WEIGEL: Right. COMMISSIONER COYLE: -- there's probably not much the Contractor Licensing Board could do. MR. WEIGEL: That is true. And if it is out of business, of course, to the extent that there are no corporate shells or individuals related to the business that might be pursued from a civil lawsuit possibility, those are things that are outside of what local government can do. And she has indicated she's, of course, spoken with the Economic Crimes Unit and the police, but private counsel may be able to provide her some assistance in regard to civil action she may wish to maintain, and as is always the case, the individual who may wish to embark on such activity has to recognize the cost, risk analysis of, there will be a cost for the services that are pursued through attorneys or other organizations and the potential for benefit such as, you know, remuneration back to her on the damages that she may be able to prove in a civil suit. COMMISSIONER COYLE: If -- well, just two quick questions, . Page 46 December 11-12, 2007 Mr. Chairman, and I'll try to wrap this up. With respect to the licensing of this individual, do we even know if this individual was licensed by the State of Florida or by Collier County? MS. FAUNCE: State of Florida. COMMISSIONER COYLE: Okay. Then it doesn't make any difference what we do. We cannot revoke his license to operate ifhe's licensed through the State of Florida; is that true, County Attorney? We can make a recommendation. MR. WEIGEL: I think that there is -- I think that there is a recommendation that could be made, but the ability for that person to practice the profession in the county can be stopped. COMMISSIONER COYLE: Yes, okay. And the law concerning intent to defraud, is that a county law or is it a state law? MR. WEIGEL: It is a state law. COMMISSIONER COYLE: Okay. So we can't change the law. Did you have something different you -- MS. FAUNCE: My question is that the county go after Carlos Pio like I have to and return the $860 to me. They were his failed inspections while he was the contractor. COMMISSIONER COYLE: And what is our legal standing with respect to being able to do that? MR. WEIGEL: I'm not sure I understand the question. If the question is to go after the inspection fees -- MS. FAUNCE: Every time you fail an inspection you must pay a fee. The contractor has to pay a fee when you fail an inspection. And if you fail the inspection more than one time, the fee doubles or triples, or whatever it is. While he was the contractor, he failed 12 inspections. When I became owner/contractor, I didn't fail any inspections. MR. WEIGEL: Okay. MS. FAUNCE: The county, before they issued a CO, I had to Page 47 December 11-12,2007 pay the $860 for all the failed inspections that were under Carlos Pio since he was my contractor. And that's what I'm asking for, the $860 back. And I have to go after him civilly which is not worth it. I've talked to numerous attorneys. He has nothing. I was in law enforcement for 25 years in New Jersey, the chief investigator of Internal Affairs. I tell you, he would have been arrested and in jail already. I have a contract. He defrauded me, but the county says that you must be able to prove intent, that that was -- from the beginning he intended to defraud his 26 victims. COMMISSIONER COYLE: Who from the county said -- MS. FAUNCE: I spoke to the State Attorney's Office. COMMISSIONER COYLE: Oh, that's not the county. MS. FAUNCE: Okay. I spoke to Detective Moscotto and Sergeant White from your Economic Crimes Unit. COMMISSIONER COYLE: Okay. They're not ours. They're not subject to county commission rulings or management or decision making. Those are state agencies. MS. FAUNCE: Okay. COMMISSIONER COYLE: So there's nothing we can do about that. Mr. Chairman, I would recommend that we refer this to the contractor review board and see if they can't take some action with respect to this man's license and see what they can do about resolving this issue. CHAIRMAN COLETTA: Has that been done yet? MS. FAUNCE: I'm sure it has been. If you talk to the Detective Moscotto, I'm sure it's been referred. But my issue -- CHAIRMAN COLETTA: Oh, no. The detective would not refer it to our county board. If they did, it's a regular procedure we go through. I think what we can do here is direct -- COMMISSIONER FIALA: It's Mike Ossorio. Page 48 December 11-12, 2007 MR. MUDD: I think Michael Ossorio can tell you if it's been referred to the Contractor Licensing Board. CHAIRMAN COLETTA: Okay. MR. OSSORIO: Good morning, Commissioners. For the record, Mike Ossorio, Collier County Contractor Licensing Supervisor. It's a pleasure. There are -- I just want to reiterate something back, what Commissioner Coyle said. There are two kinds of contractors. There is a state-certified contractor, there's a state registered contractor. If you are a state registered contractor, your license is held by the Board of County Commissioners. We have a much more broader scope of activities we can go ahead and place on restrictions on a contractor. So if this was a state registered contractor, we wouldn't be here today. But if you're a state-certified contractor -- and I guess this is a theme through the state legislation and all up there in Tallahassee, they like to keep control of state contractors, and there's rules and regulations pertaining to that. In the ordinance it's pretty explicit that tells us -- and the contractor license has been amended over the years. It said, if you are a state certified contractor under 4.2, there are two avenues the local governments can take against a state certified contractor. One is suspend his building permit privileges. And that's the only thing we can do. We can't fine him, we can't tell him to leave the county. The only thing we can do as a state certified contractor is pull his building permit privileges. He can still work, he just cannot pull building permits in the City of Naples or Marco Island or Collier County. That is sad. We've been working with the legislature for many years, and the licensing association officials. We've been trying to advocate that for many years to gain more local control over state certified contractors. I'm not going to talk in general -- I'm going to talk in general, but Page 49 December 11-12,2007 I'm not going to talk in specifics because there is an ongoing investigation with the State Attorney's Office. Typically, if you are a state-certified contractor and there's -- and this seems to be a fraud case. We deal civilly. We are a civil board. We do civil. We go after anything we can pertaining to licensed contractors' monetary futures. If you do something criminally, we refer it to the Economic Crime Unit because they are better equipped to do so. They have subpoena powers. They go through the intent, and it takes a while. Nothing's overnight, especially with the State Attorney's Office when they review for criminal investigations, especially fraud or scheme to defraud. If, indeed, that -- it does come back that Mr. Pio did get charged with fraud, we would step in under 4.2 and we would go to the licensing board and charge him with fraud under our 4.2 civilly and pull his building permit privileges. Then we would have a finding of fact and we'd send it to Tallahassee, and they would take a stance on his state license as well. Pertaining to a tier-one contractor, state certified contractor, is that if there is no intent to fraud, say has a bad business or goes out of business, there is what you call a state recovery fund. It's not easy. But every citizen in Florida has the ability to go to the state recovery fund. It's not overnight. It's not in six months. It might not be in a year. The only thing that they need is a civil judge to say that, yes, you are out $800 or, yes, you're out $2,000, or yes, you're out whatever X amount of money you are, whatever it is, or you get a finding of fact from the state licensing board, there's a recovery fund. And the state doesn't make it easy. They don't like giving money away, but it does happen, and she will be able to claim -- we have the forms in our office -- claim on the state recovery fund. And it's up to $25,000 per occurrence. Page 50 December 11-12, 2007 So there is some avenues up there to go ahead and alleviate some pressures; however, right now we're in the local stage. This particular company or qualifier is in an investigation for fraud. So in terms of -- we just can't discuss that particular item, but in general terms, I wish we had more responsibility with state-certified contractors, but we just don't. And the licensing board has -- we fought for many years for -- to get more local control over state certified contractors. But right now, her case is pending. We're not going to do anything in particular right now until the state completes its investigation. And when it does, we will review it with the sheriffs office. And if it has a good outcome, we'll go in front of the licensing board, which meets every third Wednesday of the month. If not, then she needs -- he or she needs to file for the state recovery fund. CHAIRMAN COLETTA: Okay. Can you keep us posted on the progress of this or the lack of progress, all the commissioners? In other words, this is where we are, and do it on -- every time some direction changes on this or a new step moves forward? Because something like this shouldn't lag behind. I mean, people get caught in the bureaucracy of the system between state and local government, and it seems like there's absolutely no -- no final solution to this because of the process you have to go through. I appreciate you sharing all that with us. But would you be able to in your department work directly with the petitioner to see that every possible stone is turned over to see what's available, and then keep the commission apprised of that situation as you move forward? MR. OSSORIO: Mr. Chairman, you're correct. Just because we just don't have the jurisdiction, we still take those complaints, and we will mitigate or do any kind of thing we need to do to facilitate the homeowner's needs, versus either going after them for permit fees or whatever it is. Just because we can't bring it to the board, we'll still take that complaint. Page 51 December 11-12,2007 And most of the times we do get some good resolve out of it. I think we collected over $500,000 last year in monetary money. So, you know, that's not small change, but it's, for some homeowners, getting their money back, that's all they're really looking for. But this particular -- and there are one in -- there are diamonds in the rough, but in this particular case that Mr. Pio is under investigation -- but you're absolutely right. Once the investigation's closed, we will mitigate this to the full length. We will bring this PON and we'll try to collect his money for this homeowner. There's no doubt about it. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Just a quick comment. This is just one other example of how state laws interfere in our ability to properly provide efficient service to our residents. Thank you. MR. OSSORIO: Mr. Coyle, you're absolutely correct. We fought with a couple senators on the other coast about getting more local control over state certified contractors. And, you know, licensing officials were trying to get more lobbyists up there in Tallahassee. So if you know anyone up there, you know, we need to get more aggressive down here for anything, registered or state certified contractors, in the future. CHAIRMAN COLETTA: Okay. Well, we thank you for being here today. This is the reason for the public petition process, is to be able to come before five commissioners and have staff available so that we can understand the limitations of what we can do, and also know what we can go forward with. I think staffs been duly directed to be able to keep working with you and also to give us an appraisal of the situation as it moves toward the process. MS. FAUNCE: I do want you to know that although I've heard it several times that you can go after the state recovery funds, first of all, you have to be -- you have to have a judgment against him, so you'd have to go after him civilly. To hire an attorney with a $5,000 retainer Page 52 December 11-12,2007 and $350 an hour, or whatever it is, I've been told, we needed the money to finish my mother's house. We did not have the money to hire a civil attorney and get a judgment against them. CHAIRMAN COLETTA: Yeah. MS. FAUNCE: And my husband is still working in New Jersey because he cannot afford to move down here after $150,000 was stolen from us, so -- CHAIRMAN COLETTA: I understand, and also, too, I'd like to introduce you to some of the representative aides from the state that are in this building, and you might want to also try to pursue it in that direction while the county still goes forward with what it can do. But I thank you for being here today. MS. FAUNCE: Thank you. CHAIRMAN COLETTA: Thank you. Mr. Mudd, let's go right on to the other petition to get that out of the way. Item #6B PUBLIC PETITION REQUEST BY VIVIAN JIMENEZ TO DISCUSS EMINENT DOMAIN ISSUES RELATIVE TO PROPERTY OWNERS ON OIL WELL ROAD - DISCUSSED MR. MUDD: Commissioner, the next petition is a petition request by Vivian Jimenez to discuss eminent domain issues relative to property owners on Oil Well Road. CHAIRMAN COLETTA: Whichever podium you want to go to. If you have something you want to show us on the visualizer, please go to this podium. The reason I -- we normally take a break now, but I'm afraid if I miss your petition now, it would be sometime in the late afternoon before you could be heard, so it was -- I thought it was important to get you out of here so you can go about your work. Page 53 December 11-12, 2007 MS. JIMINEZ: Okay. Thank you very much. I would like to thank all the commissioners today in hearing me speak. My name is Vivian Jiminez, and I have helped the property owners of Collier County as a translator and a Realtor in the process of eminent domain as well as serving as a voice for other property owners involved. I would like to take the chance in thanking you and letting you know that all the property owners that are here and others that will not be able to come, that are sitting back there, have been frustrated and disappointed with the injustice and discrimination happening here in the Collier County eminent domain procedure. There are many issues involved. One of the issues is drainage issues which will incur hundreds of thousands of dollars if not fixed in the engineering master plan. Drainage ditches must be done in order for water not to overflow onto properties. Two, constitutional rights issue. Property owners who do not understand or speak English should be given the right to have a translator throughout the eminent domain procedure that deals with mortgages, constitutional rights, mediations, settlements, and lawsuits, and have that translator get paid. As the statutes say, all reasonable fees will be paid. What more reasonable is it when you do not understand what someone is saying to you? I have worked this whole year translating to these owners, and all I heard at the end of the conference by their attorney was, they will not pay you. You have to go to court to get paid. I call this injustice. Whether it's me or any other translator in the United States, they should get paid or else who will translate this whole procedure to the property owner for as long as it takes? I've helped some of these property owners since October 16, 2006, till today, and it still goes on. Months and months and months. They call me day, evening, weekends. They want to know the procedure. They don't understand what's holding it up. Page 54 December 11-12,2007 Some cases have been settled. They still haven't gotten paid. They still call me, what's holding it up? Why isn't there a court hearing? Number three, their settlement issues. In one of the conference settlements, County Attorney Ellen Chadwell told me, take your story to the meeting and contact the commissioner if we wanted, so that's why we're here. The power of eminent domain abuse was instilled here by not having good faith mediations. Number four, initiation speeches. Opening remarks issues, conducted in these conference settlements are so scary that even the most intelligent person would be scared not to accept the ridiculous county settlement offers. By the time they finished telling, you can choose to go to court, but you will probably end up getting half and paying your entire attorney and experts fees yourself, who in their right mind, okay, would even gamble to these odds? Clearly, they're abusing their power. As one property owner left the mediation saying, I feel I have been stabbed in the back and then accused of carrying an illegal weapon. There's not a winning situation here. In one case where the purchase of the property that was going to be demolished was agreed upon, the assistant county attorney, Heidi Ashton, wanted the county to back out of the agreement because a Realtor was involved. In this case it was me. The bank had agreed to pay a commission and change to a negotiated short sale with the bank. Tell me this is not irrelevant to the purchase of a full take property being purchased by the county at below appraisal price, bank appraisal. Again, showing injustice to the property owner, which is here, that needs to sell due to personal reasons and cannot because the property is in the line of homes being acquired for the expansion of Page 55 December 11-12, 2007 Vanderbilt Beach Road. His property is a full take. County employees want to postpone the purchase using fiscal impacts are not extended at that time, growth management impact recommendation is consistent with the Growth Management Plan as an excuse yet his front door neighbor has already been settled, which -- I spoke to his attorney and also got the same response. Collier County is very difficult to deal with. This particular case has taken months back and forth, costing the county hundreds in salaries, not to mention all the time I have spent with this property owner that speaks no English, and I have helped with all the bank negotiations. In another case where the property owner is here, property owner's attorney, Bella Ypatel (phonetic) asked the county's attorney, how did your engineer find a solution to come into the property when there will only be seven feet left to the property line? Worst-case scenario of Everglades Boulevard North. On one-and-a-quarter-acre property, 75 feet across that has no space on either side for a car to get into, the response from the county attorney, Ellen Chadwell, they didn't have an answer. Ladies and gentlemen, this is a crying shame. The owner feels the attorney's appraiser did not do justice here. Here I would have bought this entire property to be demolished or would have moved it back to legal limits. By the way, there's three children that live on this property. Okay? The solution we all want is for property owners to be served with good faith mediations, translations to be available, and justices made in each case. Whether it's a partial take, full take, property owners should be made whole. Property values should be conceived as in its highest potential value in order to do justice to that owner. Like in the case of a five-acre corner property owner, which is also here, he and his father bought knowing this had commercial Page 56 December 11-12, 2007 potential in the future. He bought this parcel instead of buying a car when he was young, 25 years ago, for future development, is now facing acquisition for a retention pond and is forced to sell at residential value. He is not obscuring the purchase but would like to be purchased at the highest and best use. Again, here is the case where the county is playing games, one day they offer one price, another day another. The case of the Rock Christian Church, Pastor Sylvester Gonzalez, also here, is tired of paying for preapplications over $15,000 in the past four years. Here is a 35-foot take by 330-foot take. He is tired of not receiving permits due to the expansion of Collier Boulevard. The case ofMr. Hernandez, full take house on Wilson. The county won't respond after numerous contacts by his attorney. His wife holds a day care center here. They're also here. The case of Mr. Alonzo. His case was settled in September but the court won't give him a date till January to release funds. Attorney said, due to too many foreclosures in Collier County. All of these property owners feel they were not justified, even when using an eminent domain attorney. By their decisions, we have contacted Mel Martinez in the United States Senate, Mario Diaz-Ballart, and yesterday Burt Saunders was also emailed suggesting him to please participate in this meeting. Collier County property owners want justice rights, not discrimination, county choosing and picking who they want to settle. If you don't choose to have an attorney represent you, your case is settled first. Gentlemen and ladies, I would like for you to please help us, and the property owners of Collier County that are taxpaying citizens would like for you to hear them, and each case is different. It's like a baby being born; every property is different. One is one-and-a-quarter; one is one-and-a-half. Page 57 December 11-12, 2007 They want justice. They want good faith mediations. They want, if they have a rock, to have a rock. If they have a fence, they want to have a fence, if not, they want to be compensated for it. They feel like they leave these mediations and there's nothing they can do, and I think that you as the Board of County Commissioners can -- you know, can help with this situation. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I think we're confused between eminent domain and early purchase of somebody's property prior to eminent domain, and -- because if it goes through eminent domain, it's my understanding that expert fees can be considered, and that's up to the judge. Am I correct? MS. JIMINEZ: Yes. We have a proacquisition, a pre- -- early acquisition in the case of Jabeto Morales Galvez (phonetic), which is the house and then -- COMMISSIONER HENNING: Well, you keep on saying eminent domain. MS. JIMINEZ: Eminent domain is for, let's say, what-- COMMISSIONER HENNING: I understand what it means. MS. JIMINEZ: On Everglades and Oil Well. COMMISSIONER HENNING: I understand what it means, and that goes through the court system. Is that your understanding? MS. JIMINEZ: Yes. COMMISSIONER HENNING: Okay. So you could submit your bills to the Court for consideration. Now, if it's anything preeminent domain negotiated, what this board set up to try to get the property earlier so that the residents don't have to go through the laborious process of eminent domain, that's another issue. But what I request of you -- do you have a business card? MS. JIMINEZ: Yes. COMMISSIONER HENNING: Could you leave it with that Page 58 December 11-12,2007 gentleman sitting there? Thank you. MS. JIMINEZ: Sure. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think the problem is that you're throwing a whole conglomeration of issues here, all of which have different reasons for, perhaps, delays. Of course something is going to be settled faster if there's no court and lawyers involved. We do that every day here. We offer attractive prices to people to avoid all the costs of court and the delays of court, and of course they settle faster. If somebody believes they're not getting a fair offer, they can go through court. They can get a lawyer to represent them, and you come -- there are laws which establish what a fair offer is. We're obligated to get appraisals. If the appraisals say that month that the prices are worth $70,000 an acre and two months from now we get other appraisals that shows the price has dropped, of course we're going to be offering different prices for it because that's the law. That's what we have to do. Now, I guess my feeling is that, you know, your attempts to turn this into some kind of racial discrimination issue is way out of bounds, and I would say to you that since you have contacted our senator and representative to solve this problem, then I would like to have them solve it. So I don't see any reason why I have to take any action. Representative Diaz-Balart and Senator Martinez, you've asked them to solve it, fine. Let them solve it. MS. JIMINEZ: No, I haven't asked them to solve it. COMMISSIONER COYLE: You just said you had contacted both of them and asked them to attend these meetings and get that worked out. That's what you said. Would you like to have that read back on the record? MS. JIMINEZ: No. That's okay. I have my notes here. Page 59 December 11-12,2007 COMMISSIONER COYLE: Okay. Then that's what you said. Now, did you do that or not? MS. JIMINEZ: Yes. We contacted them and they said they had no -- you know, they transferred me to Burt Saunders, which is -- he handles eminent domain procedures here. COMMISSIONER COYLE: Give me a break. Okay. Maybe Senator Saunders can work it out, okay? MS. JIMINEZ: Yeah, maybe. COMMISSIONER COYLE: Okay. Mr. Chairman, these things are going to come before the commission in due course. CHAIRMAN COLETTA: That's correct. COMMISSIONER COYLE: They have to come before us. Once the Court makes a decision what we should pay and what we shouldn't pay, they'll come to us. We will make a decision. We're doing this for every person where we are having to take land. We do not like to take land, but we're having to do that. So we're doing it for everyone in Collier County and we're doing it equally for everyone in Collier County. We have a law that we have to abide by. So I think what we'll find as we go through these is that there are different reasons in each case why something has taken a little more time. But they'll come to us for a final decision. So I think we just let the matter take its normal course and we get it resolved, not only -- but this issue about -- about translation fees is one that is very key to an item that we are to consider today. We can't afford to make a decision on this petition when we haven't even heard the case which this petition will address, okay. So I think we just let these go through the normal course, and they'll come to us, we'll make a decision. And if somebody is in any way discriminated against, there are laws to prevent that, and we're subject to those laws. CHAIRMAN COLETTA: And if! may add, I found it a little bit Page 60 December 11-12, 2007 offensive the fact that you said that Collier County refuses to work with people. The people we have worked with so far and settled for their land, the ones that have houses on it and have been greatly impacted the most, it's been a very difficult process for them but many of them have come back to me afterwards and said they appreciated what the county did. They thought they got treated fairly. They got paid way in excess of the valuation of their property, making allowances for everything, right down the line, and I assure you, it was not based upon their particular ability to be able to speak English that these decisions were made. You have one of the most equitable governments that Collier County has ever had that represents these people. And I personally take offense when somebody tells me that we're discriminatory towards people. Weare not, and I represent the largest amount of Spanish-speaking people, and you better be assured that I've always gone way out of my way to make sure that they get all the representation that they can get. So please, in the future, when you make such statements, be prepared to be challenged when you make those kind of statements. Thank you very much for being here today. MS. JIMINEZ: Well, my -- you know, my suggestion was, you know, because I've been helping them for over a year -- COMMISSIONER HENNING: Mr. Chairman, the 10 minutes are up. CHAIRMAN COLETTA: Yeah, I agree, but we're going to let her finish. You know, this is part of the process. Please continue. MS. JIMINEZ: That's okay. I appreciate your understanding. CHAIRMAN COLETTA: Thank you. And with that, we're going to take a 10-minute break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Page 61 December 11-12, 2007 Item #12A INVESTIGATIVE REPORT BY OUTSIDE COUNSEL, LAWRENCE A. FARESE, ESQ. OF THE FIRM ROBINS, KAPLAN, MILLER & CIRESI L.L.P., TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE RICHLAND PUD (PEBBLEBROOK)/OLDE CYPRESS PUD - MOTION TO DIRECT COUNTY ATTORNEY'S OFFICE TO MEET WITH THE PARTIES INVOLVED (APPLICANT, DEVELOPER AND NEIGHBORS) TO DISCUSS POSSIBLE SOLUTIONS AND PREP ARE A SCRIVENER'S ERROR FOR THE RICHLAND PUD (PEBBLEBROOK) - APPROVED Commissioner, this brings us to our time certain item, which is l2A. Based on board direction earlier today, this presentation will be limited to the Richland PUD findings, and we will reschedule the Olde Cypress PUD findings at a later -- at a later time. This item to be heard at 11 a.m. Investigative Report of outside counsel Lawrence A. Farese, Esquire, of the firm Robins, Kaplan, Miller & Ciresi, LLP, to the Collier County Commission regarding the Richland PUD, Pebblebrooke and the Olde Cypress PUD. Again, Olde Cypress PUD will be continued to a future agenda item. Mr. Farese? MR. FARESE: Good morning. My name is Larry Farese. I'm a partner with the firm of Robins, Kaplan, Miller & Ciresi. CHAIRMAN COLETTA: Could you get the mike right in front of you, sir. Thank you. MR. FARESE: 711 5th Avenue South here in Naples. Our Collier County attorney has asked me to conduct the investigation into both the Richland PUD and the Olde Cypress PUD. I understand that this morning we'll focus our attention on the Richland PUD issues. Page 62 December 11-12, 2007 I delivered a report late Friday afternoon. I apologize for its length. I didn't have time to write a short one in time for this presentation today. I'm not going to go through the entire report in detail. I'll try to hit the highlights, answer your questions, and take this discussion wherever you'd like it to go. With regard to the Richland PUD, also known as Pebblebrooke, there were three issues that I was asked to focus attention on. Number one, there is a two-story commercial building set back approximately 30 feet, or actually exactly 30 feet, from the residential neighborhood of Pebblebrooke. How did that happen? Secondly, there is a buffer, 30-foot vegetative buffer between the building and the residences, but that buffer is not consistent with the conceptual plan that is part of the PUD and set forth as Exhibit B to the PUD. How did that happen? And thirdly, we have Stevie Tomato's restaurant, sports bar, whatever you want to call it, in the southern section of the Pebblebrooke shopping center close to the neighbors causing the noise concerns that you've all heard about most recently at the October meeting. Concerning the building height issue first, the issue came before the Planning Commission in January, 2002. There were several residents that appeared at that meeting expressing concerns about a number of things, one of which being the height of the commercial structures in the commercial section of the 3.2 acres that were then going to be rezoned. As a result of that, the planning commissioners asked the applicant if they would be willing to reduce the height of commercial structures from two stories to one story. The applicant agreed on the record. When the Planning Commission voted and moved to approve the rezone, there were several stipulations to the motion, one of which Page 63 December 11-12, 2007 being the reduction of building height from two stories to one story, and that is what was approved by the Planning Commission by a vote of7-0. The problem is that that stipulation and that agreement did not find its way into the revised PUD document that the board reviewed in February of2002. Ray Bellows was the chief planner assigned to that particular project as a result of a termination of a prior employee, and he simply admits that he missed it. In his notes at the Planning Commission meeting he did not catch the two story to one story. His understanding was that there was a reduction in the building height from 50 feet that was provided in the PUD document down to 35 feet. So in his staff report to the Board of County Commissioners in February of2002, he summarizes a staff recommendation of reducing building heights from 50 feet to 35 feet but allowing two stories. When he presented his report to the board, again, he described the recommendation of reducing it to 35 feet, indicated that that issue was discussed at the Planning Commission level. From reading the transcript, you would have gotten the impression that the Planning Commission had agreed to that reduction when, in fact, it was a different recommendation, that is to reduce it to one story. And so the board approved the PUD as written not knowing that the Planning Commission had, in fact, recommended a reduction to one story and, in fact, the applicant had agreed to reduce it to one story. So your approval of a document was not consistent with what the Planning Commission had approved. No one corrected Mr. Bellows' staff report or his oral presentation to the board. There were several staff members that attended both meetings. No one caught that. The applicant did not volunteer that there was an error, and the plat was -- excuse me -- the PUD was approved. So two years later the new then owner of the commercial Page 64 December 11-12, 2007 property -- because that was sold shortly after the PUD was rezoned __ comes in with a Site Development Plan. It has a two-story building shown. The staff looks at the PUD which says two stories -- as a matter of fact, it still said 50 feet. That 50 feet was still in the PUD as approved -- and the SDP is approved with the two-story building. So the -- what we have is a two-story building that resulted from, in our opinion, a miscommunication between staff and the board as to what the Planning Commission had recommended. With regard to the buffer, at the Planning Commission meeting in January of2002, the applicant presented a buffer plan to the Planning Commission. The date of that document is January 16, which is the day before the Planning Commission met. Staff had little, if any, time to look at this document before it was presented to the Planning Commission, and the Planning Commission saw it for the first time at that meeting. You'll see -- well, you can't see it very well, but there is a 30-foot buffer. MR. MUDD: You will in just a second, sir. MR. FARESE: Okay. The conceptual plan shows a 30-foot buffer between the residents and the commercial building. You'll see the building, by the way, is still shown as two-story. This was not revised between the Planning Commission meeting and the board meeting. You also see that the building is set back some undefined distance from the 30-foot buffer, but nowhere in the PUD document or in this exhibit is there a specification of any additional setback. The only language in the PUD document is the 30-foot buffer area. You'll see that there's a berm of some dimension that is higher than the floor slab of the building. There's a six-foot wall on top of the berm. At the Planning Commission meeting, the applicant described the berm as having a 3-to-l slope. So if you have a 3-to-l slope in a 30-foot area, you're going to Page 65 December 11-12,2007 get a berm of about four to five feet, and then you have the six-foot wall, so you'll have a buffer in the height of nine to 10 feet. But again, nowhere in the document is that specified. It was just discussed at the Planning Commission level. So the document -- I mean, the motion of the Planning Commission was to accept the buffer as presented consistent with Exhibit B, which is what you're looking at. The document is changed. The PUD document is changed to refer to a 35 -- a 30-foot vegetative buffer with a six-foot wall. See Exhibit B is what the document says. There's no reference in the language of the PUD document to the berm itself. The only place you'll see a berm is in the photo. And that's what was approved both by the Planning Commission and this board in 2002. So then 2004, the applicant comes in for his Site Development Plan and initially does not show any berm in the buffer area. Staff catches that. There's a note in the staffs notes about, looks -- Exhibit B looks like there's a berm. There's no berm specified in your plans. Come back and redesign it. That is done. I don't think you're going -- what I'm focusing on is the top right-hand corner of this particular page. It's page 11 of 15. MR. MUDD: Mr. Farese, let me show the exhibit, and then I'll go focus into that particular area. MR. FARESE: So here's the revised drawing in response to staffs comment. There's a reference to a 10-to-l slope beginning after five feet from the property line. Well, 10-to-l slope in that area would result in maybe a foot of berm, and that's what is drawn out here. But you'll see that the berm is actually below the floor slab of the building, so it's not consistent with the drawing that we just saw, Exhibit B. But I spoke to the staff personnel that was involved in this application, and they didn't see any specification anywhere as to how high the berm was supposed to be. They saw the drawing but they Page 66 December 11-12, 2007 didn't feel they had a basis to require the developer to have the berm of any particular height. Again, no reference to this 3-to-l slope. The only place you'll find that is in the transcript of the Planning Commission meeting which was discussed early orally. So staff approved this berm, if you will. The result of that is what you're seeing in a moment. That's what actually exists. You have what I believe is approximately an eight-foot wall. The wall is higher than specified on the plan. But you'll see very little, if any, berm area. What you're seeing there is a swale that goes down and then it goes up again. Little hard to see because of the shading. There's another photo basically showing the same thing, so the berm is very, very small. The result of all of that -- here's another photo -- is what you see here. This particular photograph, I believe, is owned by a lady who appeared in front of the Planning Commission and raised a concern about how high the commercial building was going to be next to her property, and that is the result of that. Here's another photo that shows the vegetation. But really the two-story building dwarfs the buffer, and that's really, I believe, the heart of the problem. Now, Stevie Tomato's. At the Planning Commission meeting, there was extensive discussion about bars and restaurants in this commercial shopping center. Commissioner Strain in particular was concerned about the noise that would emanate from a bar if permitted in this shopping center. He asked the applicant, would you agree to strike drinking establishments or bars in this shopping center. The applicant declined to do so. When the motion was made, the stipulation -- there was a lot of discussion, and I quoted it in my report to you. Several commissioners thought that we have to at least permit restaurants with liquor licenses and eliminate bars. They use the standard industry codes. 5812 is a code that relates Page 67 December 11-12, 2007 to restaurants but would include liquor licenses in restaurants. 5813 is a category for, I would say pure, bars, taverns, beer holes, but, again, even that definition provides that a substantial portion of the revenue could be from food sales. So really a sports bar, which is what Stevie Tomato's might be -- I mean, it's not defined anywhere but you know it when you see it. There's televisions all over. There's people cheering, clapping, and reacting to the excitement of the sporting event, but it's also a restaurant. It serves a full menu of food items for lunch and dinner. So I don't think this type of facility really fits neatly into either one of those codes. But what happened at the Planning Commission meeting was, we will strike 5813, pure drinking establishments, but we would allow restaurants with liquor licenses in this commercial shopping center, and that's what was approved. So two years later, Stevie Tomato's comes in for a building permit. Stevie Tomato's is a restaurant, licensed to be a restaurant, classified as a restaurant, is given the approval to build at the southern end of this shopping center, which is the closest distance to the residences. If this restaurant were at the northern end, we might not have the problems we have now. But it was given the permit. Stevie Tomato's then came in for an accessory use of outdoor seating and was told by staff that that's typical for restaurants to permit outdoor seating, so that was approved. And as a result, you have an outdoor bar area open till two o'clock in the morning. You heard the videotape at the, I believe, the October meeting with the noise that generates from that facility, but that's how that was approved. So our conclusions basically, our principal conclusions are -- on Richland PUD are basically these: With respect to the building height, it was a pure, in our opinion, failure of communication between staff and the board that was not corrected by anyone, including the applicant. Page 68 December 11-12,2007 We find that there was no evidence and no suggestion in our mind of any intentional misleading by staff to the board. That did not occur. It was a pure error and freely admitted to by the person who made it, that he just -- he just missed it. That error was compounded by, in our view, the applicant's failure to make sure that the PUD document was corrected as they had agreed, to correct staffs presentation to the board as to what they had agreed, and the document didn't stay consistent with what the agreement was, so that error compounded the situation. And then, as I said before, the board approved something believing that there was no controversy in it. No individual residents from Pebblebrooke appeared at the board level. I guess they were satisfied with what happened at the Planning Commission level, so they weren't there to speak up. And it was one of those things -- it was an issue error, and that's what happened to lead to the two-story structure. When the SDP came in, we really can't fault staff for approving it. I believe if we're going to require berms of specific dimensions -- and I do believe the height of the berm was important at the Planning Commission level -- that the height should be specified somewhere in writing, either in a drawing or in the document. But here staff just had a photo or a conceptual drawing to go by and didn't think they had the authority to require a specific size berm. The Stevie Tomato's -- again, restaurants with liquor licenses were permitted by the PUD. Staff approved a building permit consistent with the PUD. We really can't fault staff in that particular approval. So our investigation has convinced us that all the issues that I've just discussed with the Richland PUD, although errors were made, there's no evidence to suggest that there was any intentional wrongdoing. There's no evidence to suggest that favors were given to particular individuals involved or any improper influence of any kind Page 69 December 11-12, 2007 was made. I think staff called it as they saw it at the time and made the error that I described. So that's the -- in summary, the report on Richland PUD. I understand I'm not to address Olde Cypress, but I'd be happy to answer any question on either of those PUDs that you might have. CHAIRMAN COLETTA: Any questions on the part of the commissioners? Commissioner Coyle? COMMISSIONER COYLE: Yeah. Yeah, I have two questions. This exchange between the planning commissioners concerning drinking establishments is so confusing to me that I don't know what they were even voting on. What is your interpretation of their vote? MR. FARESE: My interpretation of their vote is that Commissioner Strain was leading the charge to disallow any type of pure drinking establishments, but even he pointed out, this wouldn't apply to restaurants with liquor licenses. There were comments by other commissioners that, in many places, there's always a place to have a couple of beers and watch a sporting event. So I mean, one of the commissioners even had in mind a sporting event. But at the conclusion of the meeting the vote, as I understood it, was we would strike SIC code 5813 and allow 5812, and that's exactly what the PUD document does. 5813 was stricken, so pure taverns, bars, not allowed, but restaurants with liquor licenses are allowed. COMMISSIONER COYLE: Okay. That's -- I can't get that from that discussion, but certainly there's a lot of that transcript I haven't read. So I understand that, and that's -- that answers my question. With respect to the height restriction, it is clear that the petitioner's agent agreed to the height restriction before the Planning Commission? What is the legal significance of an agreement by a petitioner while the petition is being heard if staff fails to transfer that obligation or stipulation to the county commissioners? Page 70 December 11-12,2007 MR. FARESE: In my opinion, the board was never presented with the idea of reducing the height from two stories to one story. So what the board specifically allowed was what was before it, which was two stories. The applicant had agreed to a stipulation which didn't find its way. That applicant sold the property after the PUD was approved. So the new owner of this plaza was not a party to any agreement at the staff -- at the PC level. If this were owned by the same owner, you might be able to revisit -- in my opinion revisit that question and say, there was an error, a scrivener's error, in the document. You agreed to one thing, the document says something else. We're going to change that by a scrivener's error correction. I think you'd have difficulty doing that now with the new owner who was not put on notice by the document as to what the restrictions were, other than what the document said. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN COLETTA: Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: Yeah. Thank you very much for your report. I found it to be very clear and concise. What it points out to us -- and I'm going on to a little bit of different direction, is that we sure need to amend our Land Development Code so that when it addresses outdoor drinking establishments that have TV s, entertainment, and so forth -- and I realize we have something in our code, but it doesn't -- it doesn't do very much, especially with the distance between that and residential units and where they should be located in shopping centers, et cetera. We need to correct that and we need to do that rather quickly. We also need to do something about these residents. And I don't know what we can do to protect them, but we certainly need to address that because they shouldn't have to live with that. And the sad thing is, each time I read about it, the really sad thing is that the people Page 71 December 11-12, 2007 in these bars taunt the residents, and that's despicable. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Farese, I'm assuming that you read all the Planning Commission meeting minutes? MR. FARESE: Yes. COMMISSIONER HENNING: And you know the owners of the 3.2-acre parcel, correct? MR. FARESE: I don't know them personally, no, no. I don't know them personally. There was a Kenco Corporation that was the applicant -- COMMISSIONER HENNING: Correct. MR. FARESE: -- and then a corporation, DAD Corporation, acquired the land afterwards. COMMISSIONER HENNING: Do you know the owners of DAD? MR. FARESE: I do not. I know their names. COMMISSIONER HENNING: Okay. You know their names? MR. FARESE: Right. COMMISSIONER HENNING: Did you see in the Planning Commission minutes where Karen Bishop, the agent for the applicant to -- for the government to take action referred to DeAngeles. MR. FARESE: Yes. COMMISSIONER HENNING: Isn't it true that the owner of the property now, the partner name is DeAngeles? MR. FARESE: Yes. The -- and I've been asked to correct this. I referred, in my report as DAD, as the DeAngeles Diamond entity. Yesterday I was contacted by the attorney for them suggesting that that's an inaccurate representation. I looked at the State of Florida records as to who are the officers and the directors of this entity, and I find John DeAngeles and Diamond as the president and vice-president. So when I refer to them as DeAngeles Diamond entity, I was referring to them as an entity in Page 72 December 11-12, 2007 which DeAngeles and Diamond are officers and directors. There is another shareholder whose name I don't have in front of me that's not associated with the DeAngeles Diamond construction entity. COMMISSIONER HENNING: Correct. MR. FARESE: So they wanted me to clarify that -- they do not consider this to be a DeAngeles Diamond entity. COMMISSIONER HENNING: It is a partnership with -- at least one of the partner's last name is DeAngeles. MR. FARESE: It is a corporation, and the president is John DeAngeles. The vice-president is David Diamond. The direct -- another director is Ray DeAngeles, and the fourth director is Chris Allen. As to who owns the shares, that's not information that's publicly available at the State of Florida. I'm told that Mr. DeAngeles and Mr. Diamond are minority shareholders. But there are four shareholders, so I guess they're all minority shareholders. COMMISSIONER HENNING: Well, let me get back to my questioning and conversation about the Planning Commission minutes. It's clear to me that the new owners were aware of what took place at the Planning Commission; is that a fair statement? MR. FARESE: It's a fair statement because the transaction to acquire the commercial property followed within a week or two -- COMMISSIONER HENNING: Correct. MR. FARESE: -- of the rezone, so I think that's a fair assumption. COMMISSIONER HENNING: And we can only assume there was a contract prior to the creation of the ordinance. But it seems strange to me that the partners who own it now was not aware of it when, in fact, the petitioners agent referenced their name in the Planning Commission. In fact, it said, DeAngeles is not going to like this. I think it's -- is it Ron DeAngeles? I'm not sure Page 73 December 11-12, 2007 what it says in the Planning -- I don't remember what it says. MR. FARESE: Nor do 1. COMMISSIONER HENNING: But it says DeAngeles is not going to be happy with this. So I think we can assume that the new owners was aware of it, but more -- what really strikes me of your report, it says, Chairman James Coletta -- chairman then, chairman now -- signed ordinance number 2000-7 on February 12,2002; thereafter, the PUD document was edited by Margie Student, the County Attorney's Office, and Karen Bishop, to clean up some little things. Now, the applicant's representative, Karen Bishop knew at the Planning Commission what was it agreed at (sic) but failed to correct this document. MR. FARESE: That's a correct statement. COMMISSIONER HENNING: She was hired by Kenco and she had knowledge of Mr. DeAngeles' disliking of what the Planning Commission recommended to the Board of County Commissioners. And you can see in the minutes of the BCC where I stated, as far as disclosures, that I viewed the Planning Commission's meeting at that time. I was aware of what happened and I had trust in our staff that they would carry this through. I had trust in the applicant of what -- the recommendations by staff and by the Planning Commission represented what we're reviewing, but we don't have that today. So now the board gets to decide how we correct this. But I think it's fair. I think we have a lot of public that we need to hear from first. CHAIRMAN COLETTA: Well, first we'll go to Commissioner Halas, and we do have three speakers. COMMISSIONER HALAS: First of all, I'd like to say I think you did a thorough investigation on this particular item. Commissioner Henning did bring up some concerns that have been bothering me for a number of years since I've been here on the Board Page 74 December 11-12,2007 of County Commissioners. There was a PUD in my neck of the woods that we're still working on today that there were items that were discussed at a board meeting. It was supposed to be put in the motion and, of course, it didn't get there. Two items, one was in Pelican Bay and another one is up in North Naples area. And, again, this same individual that represented the developer was instrumental in regards to when the PUD was fashioned. I think where some of the problem lies here is the fact that maybe what we need is a proofreader when we go through these documents that, instead of people being assigned 10 or 15 jobs to follow up on, do you agree that maybe if we had a proofreader plus someone from the County's Attorney's Office that would have sat down and listened to the minutes verbatim on both of these issues, that we could have possibly addressed this? Would that be possible; do you think? MR. FARESE: Yes, I think that -- you know, it probably won't eliminate 100 percent of the errors, but it would catch several. I think if someone would have reviewed -- I'm told at that time, in 2002, we didn't have the CD videotapes, and of course, the minutes, the transcript of the meeting, is not prepared in time to -- for staff to look at that. But now that we have technology that's improved, if you had a proofreader whose job is to make sure that the agreements are put in the document, that certainly would help. COMMISSIONER HALAS: And I think at that time we were ramping up. I know that starting around 2000, that's where a couple of issues that came before this board were -- a lot of citizens were very, very upset about what took place in District 2, and now Commissioner Henning has some concerns here in District 3, and rightly so. And what we need to do is figure out what we need to do to fix the system so we can proceed. And do you have any recommendations? Other than a proofreader and maybe somebody from the County Attorney's Office that also oversees this proofreading Page 75 December 11-12, 2007 ability? MR. FARESE: I don't. And in my interviews with the assistant county attorneys, I can tell you that they don't consider it to be their job to make sure that the language is put in the document. They consider that to be staffs, and I think that maybe if we put the County Attorney's Office on notice that we expect the county attorney to not only review the form for legal sufficiency, but to make sure that the documents are consistent with what was agreed to, I think that may help. COMMISSIONER HALAS: Well, I would think that it would be the responsibility of the County Attorney's Office to make sure that that's taken care of because there's representation by the developers who are attorneys also, and obviously, it's where it's one versus the other, and I think there should be some tie-in with community development and the attorney's office in regards to exactly what was put in the PUD and what is -- what's being referred to to protect the citizens. CHAIRMAN COLETTA: And if I may comment on that before I turn it over to Commissioner Coyle. I think you're onto something, that we have to have some sort of level of responsibility assigned out there, and the County Attorney's Office would be the entity to be able to do that, to make sure that the intent of the commission was followed and if they do the research to go back to make sure that everything's in place and that there's explicit directions to developmental staff as far as what to expect. I mean, there's too many of these things in here. I think what it is everybody's assuming the next person is going to take control of it. And let's just face it. The developer, the petitioner, is going to take advantage of every situation they can with the idea that we'll never catch it. God knows how many of -- items might be out there. What I would like to see -- and I'd like to hear some discussion on the part of the commission -- is to assign it to the county Page 76 December 11-12, 2007 commission office to come back with an action plan to be able to follow this in the future. Let's go to Commissioner Coyle and then we'll get to the speakers. COMMISSIONER COYLE: Okay. Based upon what Commissioner Henning has said, I certainly believe that there's some action that could be taken. I mean, if you have at least one commissioner whose position was swayed by what he or she saw or heard or read from the Collier County Planning Commission, it would appear to me that there is some legal recourse here if we wish to pursue it. But I'm not a lawyer, so I'll have to leave that up to legal staff. But let me make sure that in our -- in our eagerness to get a proposal to solve this, we have to remember that we are sometimes the reason for this and the Planning Commission is at fault, too. Just as I became very confused reading this transcript about who was voting for what here, what were they really talking about, it was not clear. And I am convinced some of the planning commissioners voted for something they didn't understand what they were voting for based upon these transcripts. But we have a tendency to sometimes have a long discussion and then vote for approval of something without specifically listing all of the conditions of that approval. Now, in recent years the county manager has been writing down the things as we discuss them, and we try -- we do our best to go through the process and say, okay, did we cover them all? Is everything included in that motion? We need to -- we need to continue to do that and maybe do a better job, but we need to get the Planning Commission to do those things, too. I think Commissioner Mark Strain is very, very meticulous about that sort of thing on the Planning Commission, but it is not always a normal course of action. It's something we have to make an effort to Page 77 December 11-12, 2007 do. And I believe that if we have someone specifically designated in this room and in the room with the Planning Commission to write down all of the things that are discussed and/or agreed to, then when the time comes for the motion to be made, those things should be read and the motion maker should be asked to indicate if his motion includes all of those items. And we've tried to be more careful about that in recent years, and we just have to watch it. But that's where it all starts sometimes. We have the discussion, and then we say, okay, I make a motion for approval, it's seconded, we vote, it's done, and our assumption is that everything that was committed to on record is going to go into that -- is going to be covered by the motion, and here we have a situation where someone could argue that it wasn't really acted upon by us. So yes, if we had someone from staff to take these things down, reiterate them when we make a motion, have the county attorney review these things to make sure that the final documents reflect that -- that vote, then I think we can cover the bases on most of these. Thank you, Mr. Chairman. COMMISSIONER HALAS: Commissioner Coyle, I just wanted to -- I believe the responsibility lies with the county attorney and not with the county manager in making sure that when the motion's made and we're ready to vote, that's where the responsibility of the county attorney needs to come in. COMMISSIONER COYLE: Well, I agree, but what I'm suggesting is a primary and a backup. If someone is actually writing down these things and keeping track of it -- COMMISSIONER HALAS: County attorney. COMMISSIONER COYLE: -- the county attorney then could also serve as a backup to review it, and that's what I'm suggesting. If the county attorney makes a mistake on writing these things down, who then is going to pick up the error? Nobody. If the county Page 78 December 11-12, 2007 manager or someone that he designates is writing these things down and the county attorney is reviewing them, there's a chance the error's going to be caught, and -- COMMISSIONER HALAS: The court reporter. COMMISSIONER COYLE: Well, the court reporter doesn't really -- she doesn't get paid for correcting our errors, do you? Maybe if we petition for a salary increase, we could get you to do that. CHAIRMAN COLETTA: We may want to -- we're going to go right to you, Commissioner Henning. I appreciate your patience, but we may want to direct staff to do certainly things to bring it back at the next meeting with a little bit more of an action plan based upon what we've been talking about. Go ahead, Commissioner Henning, then we've got three speakers. COMMISSIONER HENNING: Well, I'll tell you where I'm going with this. And the discussion is a good discussion, but in this case I don't blame us for making errors. And here's the motion at the Planning Commission level. It was Commissioner Russell Budd who made the motion to keep it to one story in this 3.2 acre site, and then Mark Strain seconded the motion by striking out bars; 5813, bars and lounges. It was clear through the discussion what the recommendation and what the discussion was at Planning Commission. There are certain things that just was not carried forward to this level. And when somebody makes a representation that they agree with stipulations, and it's not carried forward, we need to correct it. And what I'm thinking is for the board to vote to do a scrivener's error on this ordinance to reflect what was agreed on -- agreed upon by the applicant and the recommendations from the Planning Commission, because my motion was to -- to accept staffs recommendations and the Planning Commission's recommendations, and the stricter shall apply. Page 79 December 11-12,2007 So -- but before I go into that, let's go to the public speakers. CHAIRMAN COLETTA: We're almost there. But Ijust want to ask counsel if he agrees with what Commissioner Henning just said? MR. FARESE: To be honest with you, I didn't -- I didn't analyze the options of what you might do. I just reported on what I found and how this happens. I really haven't formed an opinion on whether you can really take action -- CHAIRMAN COLETTA: No, no, no. The question we're asking, sir, is Russell Budd made a motion -- MR. FARESE: Yes. CHAIRMAN COLETTA: -- it was seconded by Mark Strain. Russell Budd wanted it limited to one story, Mark Strain went in with a second to also make sure that the -- it was limited just to bars -- or no bars allowed and then from there it went forward. Do you agree with that or not? MR. FARESE: Oh, absolutely. No question that everyone at the Planning Commission meeting agreed to reduce it from two story to one story. There was some debate about, I think it was Commissioner Abernathy, wanted to allow bars as well, but that was compromised and the vote on that was, we would not allow bars but we would allow restaurants with liquor licenses, and that's what was approved. CHAIRMAN COLETTA: Okay. Now going fast forward to the commission. When Commissioner Henning said he accepted the Planning Commission's recommendations as well as staff to be combined for whatever the most -- what was the word? COMMISSIONER FIALA: Strictest. CHAIRMAN COLETTA: -- strictest would be, do you also agree with that? MR. FARESE: My interpretation from reading the transcript was that what was presented to the board basically gave the impression that everything had been agreed to, the two story, the one story, the elimination of the drinking places, so there was no controversy. Page 80 December 11-12,2007 So when the motion was made, I move to approve consistent with staffs stipulations and Planning Commission stipulations, I don't think there was any conflict between those two if, in your mind when you were making that motion, you understood that everything was agreed to. And it was at the Planning Commission meeting, everything I -- well, the drinking places were stricken, the buffer, I've explained the buffer. I mean, this PUD document as written is not a model of clarity, but the two story, one story, we simply just missed. CHAIRMAN COLETTA: Well, based upon that, I'm going to ask our county attorney, do we have justification based upon the fact that explicit instructions were given by the Planning Commission and then were repeated by the commission, to be able to go back and correct this grievous error that was made? COMMISSIONER COYLE: And could I just interject something before he answers that question to clarify it? CHAIRMAN COLETTA: Okay, go ahead. COMMISSIONER COYLE: Mr. Budd didn't make a recommendation to reduce the heights of buildings. He made a recommendation to limit them to one story. The normal height for a one-story building is 35 feet, okay. That is, a maximum permitted height is 35 feet for one story. That's where the problem was. Nobody said, we're going to reduce the height of this building. We said we were going to limit them to one story. Is that not true? MR. FARESE: That's true. COMMISSIONER COYLE: Okay. So you see -- so before the county attorney answers that question, we've got to recognize that. If Mr. Budd had said, we're going to reduce the maximum height of the buildings to 18 feet, now, that's a different story. But all it said was, it's going to be limited to single story, and agreed with that and we passed it on that basis. We didn't say what the height was supposed to be. That's where we've got to be more specific in these motions, and Page 81 December 11-12, 2007 staff has got to give us more specific direction on those kinds of things. CHAIRMAN COLETTA: Commissioner Henning, back to you. Is that what you understand, too? COMMISSIONER HENNING: Yeah, that's what I read into it. CHAIRMAN COLETTA: Okay, fine. That clarifies it. You know, they did exactly as they were instructed to do. COMMISSIONER COYLE: That seems to be the case, but the county attorney might have -- CHAIRMAN COLETTA: Well, I really -- the question's almost moot now unless we have some of our facts wrong. Probably not. I think we've got it. Let's go on to the speakers, and then we can ask questions of county attorney, or whoever else after that. Please call the first speaker. MS. FILSON: We have three speakers, Mr. Chairman. The first one is P.l. Obrecht. CHAIRMAN COLETTA: Fine. When you come up -- MS. FILSON: He'll be followed by Walter Bruno. CHAIRMAN COLETTA: If you'd be so kind to state your name for the record and make your presentation within the three-minute time frame allowed. MR. OBRECHT: Good morning, Commissioners. Thank you for letting me come speak again. I am P.l. Obrecht. I live at 293 Spider Lily Lane, which is adjacent to the issue that we're discussing today. The -- couple of the things that were mentioned -- and I just pulled these out. We do have the minutes from that thing, and I'll just read those real quickly. When Commissioner Henning was mentioning whether or not it was known that the -- what was going to be done at this property, as to when the owners of the property now knew about it. Commissioners Strain -- this is from the planning meeting Page 82 December 11-12, 2007 minutes of January 17,2002. Mr. Strain says, I heard the property is being considered for sale. If that's the case, the new, or one of the new companies that may be purchasing, as I know, is a quick mover. This might get built out rapidly. Do you know anything about that? And he's talking to Ms. Bishop. Ms. Bishop says, I know there is a contract on it. As of this point I know that it is with DeAngeles Diamond. So that clarifies that right there. As to -- the question as to whether or not Stevie Tomato's is a restaurant or a sports bar, I have advertisements here, and you see them on television, that state they -- they boast that they've been voted best sports bar in Southwest Florida since 1999. They've just shot themselves in the foot there. And just so people can have a better representation of what the building looks like -- kind of gives you an idea of -- that's from our neighbor's back yard that's a little closer than we are. So anyhow, point being you guys discussed it very well. We -- I think you're on the right track here. We would -- it would seem that after this investigation, that there is a serious problem, missteps have occurred and we, as a group of homeowners who were there first, really have no idea which direction this needs to go, and we're hoping that you guys are going to step up and do the right thing. Thank you for your time. COMMISSIONER HENNING: Mr. Obrecht, can I see those minutes? Just -- just walk it right up here and I'll give it back to you when we -- MR. OBRECHT: Do you want -- I've got your minutes from your meeting as well. COMMISSIONER HENNING: No. I want the Planning Commission minutes. MR. OBRECHT: The one I mentioned is marked right there. MS. FILSON: The next speaker, Mr. Chairman, is Walter Page 83 December 11-12,2007 Bruno. He'll be followed by Kim Kish. MR. BRUNO: Good morning, Commissioners. For the record, Walter Bruno, 288 Spider Lily Lane, and I'm across the street from Mr. Obrecht. I'd like to at this point request copies of the exhibits from the attorney's report, that we have not been able to receive those so we can look into them. And I think P.J. pretty well summed it up, you know, mistake's made, and we just need to know what you think, where to go, how this can be resolved. I read from the letter of Ken Saundry, the contract purchasers of phase four property have not made definite development plans but are known us -- to us as very high-quality business people. So now we're looking at these developers who quickly sold off the land to another entity, for them to step up and be part of the solution. So far they've avoided us like the plague. Thank you. MS. FILSON: Your final speaker is Kim Kish. MS. KISH: Hi. Kimberly Kish, 289 Spider Lily Lane. I live next door to Mr. Obrecht and I back right up to the situation. First of all, I'd like to commend all of you. I really appreciate your efforts here. It gives us hope and hopefully soon a good night's sleep. My issue is in regards to Stevie Tomato. I -- in the report that the attorney did -- which, by the way, was wonderful, thank you very much -- can somebody please explain to me when the Stevie Tomato bar was approved for that unit? Then they had to come back and request the removal of the three outside walls to put this outside bar area in. So I'm having a real difficult time justifying bar versus restaurant in this square that, you know, imposes in on us as far as what you saw on the tape. And so that's where I'm having -- nowhere in the attorney's report did we get a real clarification as to, you know, the okay from the Page 84 December 11-12, 2007 removal or, you know, the ability to come into that unit being closest to all of us when the other end of the building, as stated before, was available. Now, of course, we've been told that it never was available, but yet it didn't receive a restaurant until, I think, maybe six or seven months ago. So that's my question. And again, our homes have basically been made unsellable, you know, at a level. We do have a resident that has had three possible purchases of her home, and all have been rejected do to the fact of this two-story building and the outside bar. The other question I have is if you look at the pictures that P.J. submitted, in all of the years that I have been involved in construction, never have I seen a two-story building that backs up to residents, that you would put windows on the back side that overlook into residents' homes. We currently have three situations -- I believe that I emailed all of you this information -- where we have the construction workers currently following the resident as she moves about her home with a stud finder, one of those lasers. So this is really disintegrating (sic) into a really, really serious problem when we also have -- you know, we have families with small children, we have young women, and it's really being a big concern. The final thing I'd like to say is, I'm having a real big, hard problem here letting Karen Bishop off the hook. This was a woman that was paid to make this presentation. I not only sat at the January 2nd meeting at Pebblebrooke's community, which Mr. Saundry conveniently scheduled so -- hoping that most of us would be still on vacation or not available. It was a hostile meeting. We were basically told we're going to do what you -- you know, you're going to do what we say and this is just the way it's going to come down, and if you don't like it, you're going to get low-income housing. And as the proceeding -- meetings, you know, progressed we Page 85 December 11-12, 2007 were at all of the meetings. We did attend all of them. We did not speak at the county commissioners when you finally voted because, again, I guess our fault, we assumed that all of the documentation and all the wording was correct. But again, thank you very much for the opportunity. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. This is more of a question for the County Attorney's Office, I believe. Health, safety, welfare, light, sound, these are all important things when we're voting on anything. When somebody is a detriment to the health, safety, and welfare of a neighborhood, to their light and to their sound, can we pull their occupational license? Putting it right where it is. MR. WEIGEL: Well, the occupational license doesn't issue by the Board of County Commissioners. COMMISSIONER FIALA: But it's issued by the county, right? MR. WEIGEL: Well, yes, through the Tax Collector Office. It has a new name now statutorily, but at any event, a business license. So I think -- I think the quick answer is, I don't believe you can. I would need to research that further to give a definitive answer as far as the occupational or business license, business tax receipt, as it's called currently. Now, when you talk about in terms of health, safety, welfare, that does come under potentially public nuisance, which is referenced and addressed in Florida Statutes Chapter 162, which we embody in our code enforcement area. Again, nothing is going to line up very clearly here. It's something that would have to be looked at very closely because, yes, this board is responsible for the health, safety, welfare of the residents, citizens of the county, but we have to always take into contention the constitutional real property rights that exist as well. And to the extent that these -- the business, or they should say, Page 86 December 11-12,2007 the construction has been permitted through a process, it would probably -- it would be a significant process to attempt to probably bring things to a halt. There are two different levels that -- really what we're talking about right now. One is operational. For instance, the Stevie Tomato restaurant or sports bar. It is operating in a particular way, and that is typically what you come in -- what one comes into with an analysis of nuisance and public, health, safety, and welfare. The second issue you've all discussed, Mr. Henning particularly, has to relate to the actual construction approval itself, and to what level or if there is an opportunity for this board to determine that what it approved is different than -- what this board approved is different than what has, in fact, been approved from the administrative permitting standpoint thereafter. The point Mr. Henning raises, that his -- it would appear that he is stating that his review of the Planning Commission, having viewed the commission himself personally and that statement to his -- to the effect that that is what his recommendation was, as Mr. Farese has noted, is different than what was brought to the board as the Planning Commission recommendation in the executive summary and backup documents, and so we have issues we must look at so very closely relating to his motion to approve relative to what the board thought was being approved because apparently they were not privy, did not see the Planning Commission's discussion but were operating on what was before the board that very day alone. COMMISSIONER FIALA: Yes. But I'm just trying to find out -- find a solution, David -- MR. WEIGEL: Yes. COMMISSIONER FIALA: -- for what we can do here. And you said property rights, but whose property rights weigh more, the restaurant or all of the affected properties that are dealing with the problems the restaurant has foisted upon them? Something has to be Page 87 December 11-12, 2007 done. If we can't pull the licenses, can we not renew the license, or is there some way that we can deal with this problem? I'm just trying to find a solution here. MR. WEIGEL: Right. And I'm not saying -- I'm not saying that there aren't ways to deal with the solution. I'm actually kind of trying to work my way to some potential solutions here. But in regard to -- in regard to the -- what has been called the occupational license, now has a new statutory name, I do not believe that that is available for you to pull at the first point. It is not applied to the county. It is applied to at the Tax Collector's Office per se. But one of the speakers mentioned that the developer, the owner, and there are different -- there's current owners and there is the agents on behalf of the original owner that was bringing this forward that may be able to come forward to reach some solutions in regard to the operation and/or reconstruction of the Stevie Tomato's for one thing. We know that they applied to the county previously for amplified music permit. That was turned down, but during that discussion in which the video is shown showing the operations and how it affects the neighborhood there, one could see that there were significant problems in that operation relative to the -- relative to the residential context so very close there. And I do not know if there has been a dialogue set up, or one certainly could be directed by you to be set up through staff, through the County Attorney Office, with the current ownership as well as the -- Ms. Bishop and others who were involved in bringing this before the board and/or not speaking and making corrections to the board with knowledge they had beforehand of the Planning Commission stipulation, to which they agreed, and it may be that in the context of discussion and leverage prior to absolute legal action at this point in time, some solutions may be brought back to the board to consider, which would probably involve some permitting or revised permitting Page 88 December 11-12,2007 on premises to try to bring it closer into an arrangement that works for all of the parties, residents as well as the businesses. The point Mr. Coyle brought up relating to the 35 feet and the single-story aspect, I personally would want to look at a little bit further. Jim Mudd or the CDES staff may want to jump forward. Another attorney in my office may wish to indicate in regard to questions of clarity of 35 foot, is that absolutely indicative of one story. My understanding is, I think we have, you might say, sort of like a two-story or two- floor operation constructed in that building there. That's something I'd want to look at it a little further and report back to the board about and provide some -- provide some suggestions for remediation there as well. Issues about the berm. Again, I won't speak absolutely definitively at this point, but the berm and the wall, it does seem like representations were made. Approvals came thereafter which did not reflect the representations of the height and size of the berm and the wall that was to go thereon. This, again, may be elements that are subject to correction either through discussion and/or coercion. But in light of the fact that the building itself to which the berm and the wall were supposed to provide some -- some buffer is different than, arguably, considered at the Planning Commission level. May mean that the idea of the wall and the berm, it's not just three feet. There may be something significantly different than that that needs to be looked at right now to provide a genial relief to the residents nearby there. I think it has to be looked at kind of big- picture-wise and come back with some big-picture suggestions. If those suggestions are not -- are not considered appropriate or relevant by the parties, it would have to affix those to the property and make -- and make remedial construction; at the same time the county, through the County Attorney Office, would be looking to provide you with the more Page 89 December 11-12, 2007 specific legal alternatives that may exist at this point in time. COMMISSIONER HENNING: Commissioner Coletta? CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yeah, thank you. The residents asked for certain things. One thing was the exhibits. And after the break, I'd be happy to make a copy of that. But also, Mrs. Kish asked some questions about details that the board doesn't get involved with, so I ask the county manager ifhe would provide his staff to get those to her. But definitely -- I couldn't find the exact thing that I was trying to be find, but Karen Bishop in the Planning Commission, it says -- she's talking about, you know, interconnections and traffic and so on and so forth, and she states, if it's necessary for stick -- to stick a speed bump on the other side because we feel there is a problem coming from the commercial, I don't believe Don DeAngeles will have a problem with the speed bumps close to the gate within the buffer area outside the parking area. So obviously there has -- the new owner and present owner was well informed and their agent was well informed of what transpired for this -- for the approval over the change of the PUD. So I think the county attorney, David Weigel, made a great suggestion. So I'm going to make a motion that we direct the County Attorney Office to gather the parties together, including the residents -- I think they have a stake hold in this to find out -- to try to come to resolution of this issue of the impacts and the commitments that were made, that they made to the government, also in my motion, to direct the County Attorney's Office to prepare a scrivener's error reflecting what was a commitment by the representation of the petitioner to government and bring that back to the board to approve at a later date. That is my motion. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: Okay. We have a motion by Page 90 December 11-12,2007 Commissioner Henning, a second by Commissioner Fiala. We'll go to Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: I think one of the areas that we need to look at very carefully -- and I think this is one way that we can kind of bring in, circle in the wagons here -- let's face it, the horse is out of the barn, so I'm not sure what you're going to do as far as the building goes. But I think what we need to do is come up with a stricter noise ordinance, and I think this will bring those people into more compliance. If we have a stricter noise ordinance, then they're not going to have TV s and everything else outside blaring away to bother the occupants or the people that live in the surrounding community, and I think that's what we -- one of the areas we need to look at very carefully. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: The last speaker asked another question. She said, how did it happen that Stevie Tomato's got approval to tear down the walls and build an outside sports bar, essentially. And I'd like to have that question answered. I suspect it was not something that came before us. COMMISSIONER HENNING: No. COMMISSIONER COYLE: But I would like to understand if there is a deficiency in our code. You will recall that several meetings ago when we were discussing this issue, I said that restaurants should not be permitted to just arbitrarily decide they're going to move out of the -- out of the confines of their original establishment onto sidewalks and back yards and start setting up outdoor residence or outdoor restaurants or bars without going through some fairly rigorous approval process. So I'm still concerned about that, and I'd like to know where we are with that. MS. ISTENES: For the record, Susan Istenes, Zoning Director. My review of the site plan approval process was -- showed that Stevie Page 91 December 11-12, 2007 Tomato's came in for what we call an insubstantial change to their site plan after their in-door portion was approved, and there was no tearing down of walls; there was an existing outdoor space there that they just converted and got approval to put tables for seating and a bar out there. So there was no removal of any walls. COMMISSIONER COYLE: What is the -- what are the criteria for approving outdoor establishments of this type? MS. ISTENES: Well, the use has to be permitted in the zoning district or it has to be an acceptable accessory use, and this was deemed an acceptable accessory use, outdoor seating, for a restaurant, and it has to meet the parking requirements, which typically aren't an issue in a shopping center because there's usually more than adequate parking. COMMISSIONER COYLE: And outdoor music, amplified music, is -- is that a criteria for approval? MS. ISTENES: They have to get a separate permit for that. COMMISSIONER COYLE: And do they have a permit for that? MS. ISTENES: Well, to my knowledge, no. They did come before you for one, and you did turn them down, if! recall correctly. The televisions, I don't -- and Michelle Arnold is here. She can correct me if I'm misspeaking. I don't even know that the televisions are really turned up. I mean, there's probably -- you know, there may be 15 or 20 of them, I'm not quite sure. So even if they were all turned up, I don't think the people sitting there could even hear them or understand them. I think the noise comes largely from the cheering or the -- COMMISSIONER COYLE: From the crowd itself? MS. ISTENES: The crowd itself, yes. COMMISSIONER COYLE: Okay. Well, I still think we need to do something about that. I think this -- this ability is too easily granted, and I would like to find some way to have better control over it, particular when it's right next door to people's residences. Page 92 December 11-12, 2007 MS. ISTENES: That's part of the reasons we brought forward that outdoor seating proposal to you, and it's -- it is a very complicated issue, and the Planning Commission spent a lot of time on it, and it's not dead. Weare still bringing back another form or a variety of forms for you to kind of choose from to -- as to what you think would best solve solutions (sic) like this. COMMISSIONER COYLE: Good, okay. Thank you. MS. ISTENES: Other thing, may I just suggest -- I know Commissioner Henning made a motion and, Commissioner Coyle, you had before asked about re-reading motions back into the record. That worked really well for the City of Cape Coral when I worked there some 11 years ago, and I've actually been suggesting we do that here for a very long time, and it's unfortunate that a bad situation has to bring an opportunity such as that to light, but it worked very, very well there, and I can just -- I'd like to just share that experience with you. But perhaps that could make it into Commissioner Henning's motion as well. COMMISSIONER COYLE: Good. Thank you, Susan. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was wondering if you wanted to give a time limit on this motion to the County Attorney's Office to be working with these people so that there's -- so that we have some -- some time in sight so the people don't have to put up with this too much longer. COMMISSIONER HENNING: Well-- and I think that's a good request, and I would ask for guidance. Personal feelings, a couple months would be most appropriate, and correct me if I'm wrong from the county attorney's desk. And I'm hearing -- I'm seeing heads going up and down, that will be sufficient. But let me tell you, reading the motion into the minutes was not the problem here. It is not the problem. The problem is, is we got erroneous information by two parties. One from staff and one from Page 93 December 11-12,2007 the applicant. It had nothing to do with what the Board of County Commissioners did. It was clearly -- and I don't think it was intentional, but it was a misrepresentation. But I do appreciate and recognize Ms. Istenes' recommendation, and I think that Chairman Coletta's been doing a fine job at doing that. So I apologize. I just thought I needed to address that. COMMISSIONER FIALA: That's all right. CHAIRMAN COLETTA: Okay. Commissioner Henning, did you have anything else? COMMISSIONER HENNING: No, turn it off. I'm done. Ready to go. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. One of the things that was brought up by Susan, and that was insubstantial changes, and I think sometimes we need to tighten up the LDC in regards to what is considered an insubstantial change, because I think sometimes this can lead us down the wrong road also. So I would like to see if there's any support here by fellow commissioners in looking at what is considered an insubstantial change and maybe addressing that in some of the upcoming cycles of the Land Development Code. I think that's an area, but I -- in -- I feel that we need to find a way to protect the citizens here, especially with the noise and the harassment that they're getting, and I'm hoping that we can get support here to address the noise ordinance, because I think if it's strict enough, they're going to take their venue inside and not leave it outside there to distract the citizens in this community. And not only here, but all through the whole county of Collier County. CHAIRMAN COLETTA: Okay. And with that, we have a motion, we have a second. COMMISSIONER COYLE: Could we read back the motion so Page 94 December 11-12, 2007 we know exactly what it contains? CHAIRMAN COLETTA: Actually, I got a better idea, Commissioner Coyle. We're going to make you the responsible party. COMMISSIONER COYLE: Oh, no, you're not. That goes -- CHAIRMAN COLETTA: You'll repeat the motion back to us. COMMISSIONER COYLE: That goes -- you want it backwards or forwards? CHAIRMAN COLETTA: I think we're all very aware of the motion. COMMISSIONER COYLE: I'm not. CHAIRMAN COLETTA: Mr. Mudd? MR. MUDD: The motion was for the county attorney to gather the parties back, the applicant, the developer, and the neighbors, to try to get a solution to what was promised and the situation that exists today, and the next part of the motion was to have a scrivener's error to correct the PUD document to address what was promised. COMMISSIONER FIALA: And a time limit. MR. MUDD: And I believe there was -- there was a time limit on this process of -- it said a couple, but I see two fingers up in the air, two months. COMMISSIONER COYLE: Commissioner Halas had asked if the motion maker would consider one additional provision, which would be to instruct staff to bring back some proposals concerning insubstantial changes and how they would be approved. CHAIRMAN COLETTA: Motion maker? COMMISSIONER HENNING: Yeah. I think that's very fair. I think we need to understand how that's done. MR. WEIGEL: Okay. COMMISSIONER FIALA: Okay. Include it in my second as well. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I need -- I need some clarification Page 95 December 11-12,2007 from the county attorney. When we make a change in the scrivener's error, what does -- where does this lead us to? Does this mean that we're going to go back and tell the person to tear the building down or what's this going to lead to? MR. WEIGEL: I think I'd rather discuss that with you privately than at the meeting right now, quite frankly. But there's significant ramifications that would come from a scrivener's error; let's everyone understand that -- COMMISSIONER HALAS: Okay. MR. WEIGEL: -- that all sectors, you know, owners, residents, and to the Board of County Commissioners, is that it's not a mere document that's created that has no relevance. It will have significant relevance and great bearing on the -- on the ability, I'll call it -- for lack of another term I'll say for the status quo to be maintained or not at that -- at that 3.2-acre commercial site. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. 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. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. Let the record show that the motion passed 4-1 with Commissioner Halas being in opposition. We're going to -- COMMISSIONER HALAS: Can I just clarify why-- CHAIRMAN COLETTA: Yes, please, briefly. Page 96 December 11-12,2007 COMMISSIONER HALAS: -- I went in regards to this, because I think it's leading us down a slippery slope here, and I think that we could have some great ramifications on this whole issue. CHAIRMAN COLETTA: Well, well stated. Okay. COMMISSIONER HENNING: That's not a clarification. CHAIRMAN COLETTA: I'm sorry. MR. WEIGEL: Mr. Chairman? MR. MUDD: There's only one piece on this agenda item that we still have to get resolved, and David, you might have it. This was -- the first part you got was the Richland PUD. MR. WEIGEL: Right. The question then is, when would you like Mr. Farese to come back in regard to the Olde Cypress PUD? COMMISSIONER HENNING: I would imagine that the communications that we have -- and I don't want to change the report, but I think these questions need to be answered before it comes back. We could probably have it before the next meeting; don't you agree with that, Jeff? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Okay. MR. MUDD: 15 January. COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Okay. And with that, we're adjourned until 1:15. (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. Item #8D ORDINANCE 2007-84: AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS Page 97 December 11-12,2007 AND ORDINANCES, WHICH IS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, ESTABLISHING AN IMP ACT FEE DEFERRAL PROGRAM FOR APPROVED P ARTICIP ANTS IN THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) SET FORTH IN SECTION 420.5095 OF THE FLORIDA STATUTES- ADOPTED W /STIPULA TIONS CHAIRMAN COLETTA: Fine, Mr. Mudd. Next item is our time certain. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: 8D. MR. MUDD: 8D. This is a -- and Commissioner, what I would ask, while we do this item, we do 8D and then we go right to 10M and 12C because they're all -- they're all related to the Community Workforce Housing Initiative Pilot program. This item to be heard at one p.m. It's a recommendation that the Board of County Commissioners consider adopting an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance establishing an impact fee deferral program for approved participants in the Community Workforce Housing Initiative Pilot program, CWHIP, set forth in section 420.5095 of the Florida Statutes. And, again, this is a companion item to 10M and l2C. And Ms. Amy Patterson -- okay. I'm not going to try your title anymore. I'm always wrong, okay, from community development/environmental services that basically handles all your impact fees, will present. Did I miss anything? MS. PATTERSON: No. Again, Amy Patterson, I'm the impact Fee Manager, for the record. We're here for board direction to bring back an impact fee deferral program for participants in the statutory CWHIP, which is the Page 98 December 11-12, 2007 Community Workforce Housing Innovation Pilot program. I have a brief presentation. It doesn't do much more than go through the highlights out of your executive summary. If you'd like me to go through that, I can do that, or if you want to go right to questions, we have lots of staff and others here to answer your questions. COMMISSIONER COYLE: Let's go right to questions. We've read the executive summary. CHAIRMAN COLETTA: Yeah. Commissioner Coyle is going to take it right over. COMMISSIONER COYLE: No. That was from the last time. CHAIRMAN COLETTA: You didn't have your light on. I just figured you had something important to say. COMMISSIONER COYLE: Staff is recommending approval? MS. PATTERSON: Staff is recommending approval based on the board's direction to bring it back in accordance with the Affordable Housing Commission's recommendation. There were a couple of issues outlined in the executive summary related to water and sewer impact fee deferrals that need to be addressed one way or the other by the board. If you'd like to speak with the public utilities people, they're here to answer your questions. COMMISSIONER COYLE: I've already talked with them. MS. PATTERSON: Okay. COMMISSIONER COYLE: And it's my position at least that we grant the deferrals we can grant, but water and sewer deferrals are not those that I would be willing to grant, okay. Water/sewer is mandatory. We really can't postpone those kinds of things. The rest of them, I'd be happy to grant deferrals for this project. CHAIRMAN COLETTA: Well, let's do this. Why don't you start right off with a motion and we'll see if we get a second, then we'll decide how the motion gets shaped from there. COMMISSIONER COYLE: Okay. I make a motion that we Page 99 December 11-12,2007 approve this petition in accordance with staff recommendations and provide the guidance that water and sewer impact fees will not be deferred. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HALAS: Second that. CHAIRMAN COLETTA: Okay. We have a double second, but we have a motion by Commissioner -- COMMISSIONER HALAS: Give it to the lady. CHAIRMAN COLETTA: Okay, we'll do that. Ladies first, right? Commissioner Coyle made the motion, Commissioner Fiala will be recognized as the second, and we do have a speaker, and let's go to you first, Commissioner Halas. COMMISSIONER HALAS: Yes. It's my understanding that presently out of ad valorem taxes we put in about $750,000 for impact fee deferrals; is that correct? MS. PATTERSON: There's $750,000 set aside to pay for the water and sewer impact fees that are deferred through the owner-occupied program, that is correct. COMMISSIONER HALAS: Okay. What about -- do we have deferrals for impact fees for roads? MS. PATTERSON: Yes, we do, and there's a 3 percent cap of prior year collections for all of the other impact fees excluding fire impact fees for the independent fire districts. We have no jurisdiction to defer those. COMMISSIONER HALAS: Okay. MS. PATTERSON: So there's two separate -- or two funding sources, essentially, we deal with. COMMISSIONER HALAS: My second is, I think the CWHIP program is a great program, but I'm concerned about the amount of people that are coming forward that want additional funding, and I don't think we can accommodate everybody that has desires to have impact fee deferrals. Page 100 December 11-12, 2007 And I'm not inclined to address any additional tax dollars to this program as far as -- I know we're at 3 percent now. We don't want to go any farther than that, but I still have some concerns about how we're going to take care of everybody. So maybe you can help give me some comfort level here. MS. PATTERSON: Sure. In can explain what we have right now and then what we're proposing, and we have, as we discussed, the owner-occupied program, which is addressed by the 3 percent cap on prior year collections and the $750,000 of money set towards water and sewer impact fees. COMMISSIONER HALAS: Ad valorem. MS. PATTERSON: In addition to that, we have a program for affordable rentals. Currently there is no cap on that program, there is no ad valorem funding, and it is offered for water and sewer. What we're proposing through this ordinance amendment is to expand that rental program to include the CWHIP participants, but to put a cap on that program of 225 units per year cumulative between the two types of dwellings, and also, as Commissioner Coyle pointed out, we were looking for direction on how to handle the water and sewer impact fees, be it to set up a separate revolving fund or to exclude them from participation. COMMISSIONER HALAS: And I -- it's my belief that over a 10-year period on -- based on these 225 units, that we're looking at over $4 million. MS. PATTERSON: That'd be, if the two-- COMMISSIONER HALAS: Per year. MS. PATTERSON: Yes, that's $4 million per year if it's fully utilized to the 225 units. That number may vary up or down a little bit depending on the size and type of units that are deferred, but that's a good ballpark figure per year. Now, there have been years we haven't used any of the rental program and there's been years that we've used a lot because there is no cap. So it fluctuates from year to year. Page 101 December 11-12,2007 CHAIRMAN COLETTA: Is this rental program something similar to what they offered with the housing authority? MS. PATTERSON: I don't -- no. CHAIRMAN COLETTA: That's okay. If you don't know the answer -- MS. PATTERSON: No, I don't, but Marcy is here if you'd -- CHAIRMAN COLETTA: She's saying no. It's different. In other words, this is a stand-alone program, the housing authority for the rental? MS. PATTERSON: Right. This is a stand-alone program offered by the county. It's just a straight deferral program. CHAIRMAN COLETTA: Okay. Now, let's -- a couple questions. The deferral of the impact fees for sewer and water that they're also requesting in addition, is that part of the deal that they have with the state that they need that to be able to make that a part of their working mechanism to be able to qualify for the CWHIP program? MS. PATTERSON: I believe Mr. Klohn is here to address the needs of his project related to the CWHIP program. I don't know if the water and sewer can be done another way or if that's essential. He would -- he would need to address that as far as his application to the state. CHAIRMAN COLETTA: Mr. Klohn? MR. KLOHN: Thank you, Mr. Chairman and Commissioners. For the record, my name is Bill Klohn. Over the past summer, we've been working very hard on this project. We've even landed a bond resolution, a bond resolution inducement, for $25 million for this project. And if funded today, the interest rate would be in the neighborhood of 5 and-a-quarter to 5 and-a-half percent, and that money would be 30-year money. And as the units are resold, would be assumable by subsequent purchasers. We think that's a wonderful component and Page 102 December 11-12, 2007 accomplishment over the summer. We -- the bringing of the CWHIP program is important to bring that money to Collier County, coupled with the commitments and contributions of this county. Commissioner Coletta, is it a requirement that we get the water and sewer? No. The way that the CWHIP program works is that you have county match or county contributions, which in this case is the impact fee deferrals, no matter what their limit is, whether it's everything but water and sewer, that is scored in the CWHIP calculation, and the higher the match, the higher the score. So with water and sewer would naturally be better. Without the water and sewer, we stand a good chance of still receiving a good score. Without any impact fees whatsoever, we probably stand a chance of failure in bringing the CWHIP money to Collier County. As I've shared with you in past meetings, the dollar amount that we'll be requesting in our application is $5 million. That divided by the 147 units of for-sale product that we're proposing to build would be $34,000 per unit. Additional buy-downs of cost would be the impact fee deferral programs that you would hopefully authorize today. It would be our wish that you would include the water and sewer. I think it's real important. If you look at a 30-year amortization of what the interest costs would be on the $4,900 which represents the water and sewer, it's about another 5,000. So the cost to an ESP employee member for the water and sewer component basically goes from 4,900 to 10,000. So it -- it's double in the eyes of the occupant of that unit. Have I answered your questions, Commissioner Coletta? CHAIRMAN COLETTA: You did. Let me ask you another question, in may. Just a couple more questions, then I'll go to you, Commissioner Fiala. Appreciate your patience. Mr. Klohn, there is some concern that these units that are going Page 103 December 11-12,2007 to be out there may be difficult to fill. We heard from Commissioner Coyle at the last meeting that he had concerns over the fact of the location and everything, and you're looking for people like in the up to 140 percent of the median income, which is a little bit over $100,000, if I'm not mistaken, to move to an area that may be considered -- considered something not appropriate for them to be in. We don't know that. I mean, that's an unknown factor. But Commissioner Coyle did bring up a very good point by asking the question. My concern is, is that when we direct our impact fees to your project, they're no longer available to go anyplace else. I mean, these impact fees will be spoken for your project. How can we be reasonably assured that you're going to rent these units out? Because you are asking for the impact fee by the unit rather than by the recipient that would actually move into it. How can we get that assurance that these units will be occupied by the people they were meant for? And providing the fact comes up that the people that are in the upper ranges, closer to the 140 percent median income, if they don't occupy it, will these be able to go to the people closer to the 60 percent? MR. KLOHN: Be happy to answer that question. I believe that based upon Collier County's average median income, that we're -- the 140 percent would be $89,000, not over 100,000. The team that we've put together, as you know, is the Collier County Sheriffs Office, the school Board of Collier County, NCH hospital, Regions (sic) Medical Center Hospital, and the City of Naples. Certain ESP members have the ability to bring before their boards a guarantee of occupancy. Certain other ESP members, such as the Sheriffs Office and the school board, do not have the ability for any form of a guarantee. We have been in discussions, which are now hopefully coming to near conclusion with the City of Naples and NCH, and discussions Page 104 December 11-12,2007 with Regions Medical for their commitment of an occupancy guarantee. The numbers that we've been discussing have been approximately 30 units per entity times the three entities, would be a 90-unit occupancy guarantee. We actually have a workshop with the City of Naples on the 17th of this month to bring the necessary documents for their consideration related to their guarantee. I think Gregg Smith, Chief Gregg Smith with the Sheriffs Office, if we could have him speak briefly his belief of the merits of the project. And by the way, I think the project is in a wonderful location. I think that the fact that we're still going through zoning, which will likely not be complete until July -- it takes a year to build the first 147 units, so we're really talking about a year and a half from now before these units are ready for occupancy. And I think we'll see -- I hope we'll see. I think we'll all hope we'll see -- a change in the real estate market. Are there values out there right now? There are. I've been here since 1980, and I've never seen a market downturn of this nature, but we're all confident that we're at the bottom and this will be coming back. Some of the components that we've also included besides the 30-year affordability with our bond, our fixed bond, is also in addition to the CWHIP money, there may not be another CWHIP program. This is our window of opportunity. And the impact fees are very, very important to get the score on our CWHIP application. Chief Smith, if you could give your opinion on the uniqueness of the project and your feel for the demand. CHIEF SMITH: For the record, Gregg Smith, Chief of Administration for the Sheriffs Office. As Mr. Klohn alluded, this is a very important project for the Page 105 December 11-12,2007 community, we feel. We've been working since the very stages involving conception of this idea. We've worked with Representative Davis, we've worked tirelessly with the other partners, the school board in particular, and the hospitals to try to bring this to fruition here in Collier County. I think it's very important to understand that unlike a lot of projects that are out there, even affordable housing projects that's been done, you know, you sell them once and then you don't have an inventory anymore. This will live on in perpetuity. These units are co-op owned rather than rented or leased. And although the evaluation is capped, there is still some home ownership attached to these -- these units. Naturally we would hope that in a couple of years someone may want to move out of the co-op and move into a better permanent situation. That's to our advantage because then we have that unit coming back into inventory, which then can be resold and managed by the co-op. We feel that this is a very good product. We feel it's essential for the community. I think that it's of particular interest because it's the community, the private sector, the public sector, all partnering together to try to solve the community's problem, and more importantly, trying to garner $5 million worth of grant money from Tallahassee and bring to this community. CHAIRMAN COLETTA: How many of your deputies live outside of Collier County? CHIEF SMITH: Currently almost 200 of our deputies live outside of Collier County of the 1,350-size agency. CHAIRMAN COLETTA: Do you have some sort of reasonable commitment from some of these deputies that they would take advantage of this housing? CHIEF SMITH: I can't make a commitment, Commissioners, but I can only say that there is great interest. We're -- you know, by Page 106 December 11-12,2007 statute, we can't own real property and we can't make a commitment, you know, that would hold or bind the sheriff to some monetary level. But I can tell you that there has been considerable interest in this project. Quite frankly, there's -- I probably have 20 or 30 employees that can't wait to see this come out of the ground. CHAIRMAN COLETTA: That's great. Mr. Klohn, one last question, and I'll let Commissioner Fiala go from there. Let me make sure I understand now. If for some reason the plans go astray and these units are empty, they'll be open -- they'll be made available to those people making the 60 percent and above? MR. KLOHN: Yes, sir. The way that the CWHIP program works is, there's a 50 percent commitment that you offer the units to the essential services personnel, and we know who all the five are. And with that commitment, you can then go to the workforce in general and to the 60 percent or 70, 80, 90 percenters, yes, sir. I'd like to add one more thing. When the chief was talking about the interest that he believes that he has from the deputies, over the Thanksgiving holiday weekend, in preparation for the City of Naples workshop, the human resource department of the City of Naples sent out a survey of interest to their employees. Just over the Thanksgiving holiday weekend they received 39 responses of interest for housing at Fountain Lakes. CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Excuse me. I keep writing. I was only going to ask one question. After that, I've got about seven. Sorry about that. CHAIRMAN COLETTA: No, that's fine. COMMISSIONER FIALA: You have rental units there? MR. KLOHN: No. These are for-sale units. COMMISSIONER FIALA: There will be no rental units in there? Page 107 December 11-12, 2007 MR. KLOHN: We believe that there is a provision within the CWHIP legislation that during the sale period, that some interim leasing will be allowed, like a lease option. If an individual is not quite ready for the purchase, that they can occupy the unit with a lease option. COMMISSIONER FIALA: So in other words, it doesn't have to be owner occupied? MR. KLOHN: At a certain period of time, and I think that the term is within 36 months, that that lease option needs to convert to the purchase or be sold to another ESP personnel. COMMISSIONER FIALA: I'm still trying to get my hands around this thing. So it isn't really a rental or lease program; it's an owner-occupied program? MR. KLOHN: That's correct, under the co-op. COMMISSIONER FIALA: Okay. Then what does co-op mean? MR. KLOHN: A co-op is a recognized form of home ownership. We had a determination from the Florida Housing Finance Authority in a memorandum which indicates that a co-op is an acceptable form of home ownership for CWHIP. It provides an occupant with all of the same forms of home ownership that you would enjoy in your own home, such as interest deductions and depreciation, there's no sales tax like a lease would have, and also the limited appreciation that we've put in. So your pride of ownership and all the other forms of home ownership. COMMISSIONER FIALA: Do you -- are you homesteaded in there? MR. KLOHN: Yes, qualifies for homestead. COMMISSIONER FIALA: So your homestead exemption would -- Save Our Homes would also be involved. I'm not quite sure about -- is there any way that I can learn more about what co-ops are of this type, or do you know of any that I can research? MR. KLOHN: Yes. I can provide you with a book that's Page 108 December 11-12,2007 produced by the National Co-op Bank. They were founded for the purpose of providing affordable housing. In the booklet it touts the fact that the co-op is the wave of the future for affordable housing, and I'd be happy to send you that book. I've got a half a dozen of them in my office. COMMISSIONER FIALA: I'll borrow it from you. I'll return it after I read it. I'd like to learn more about this, because I think those are key words, and I don't think any of us have dealt with that before. So that will be interesting. Do you have amenities on this property for those people, swimming pools, things like that? MR. KLOHN: Yes. As a matter of fact, as part of our purchase, there was a partially completed community center. We've since received a Temporary Certificate of Occupancy for that structure. It's about 3,200 feet, two stories. We'll also be adding a swimming pool, and there will also be a children's playground. One of the other features of the property is that it offers a one-mile walk trail. So there will be a community center, swimming pool, children's playground, and a walk trail. COMMISSIONER FIALA: Yet it will be -- you'll have -- it will be a gated community with kind of like a wall around it; is that correct? MR. KLOHN: We haven't concluded the fact that it's either gated or not gated, but we're certainly going to make provisions so that it can be gated in the future. COMMISSIONER FIALA: And what -- last question is, what do they sell for? MR. KLOHN: The average price ofa two-bedroom unit is approximately $214,000. With the -- COMMISSIONER FIALA: Okay. MR. KLOHN: -- buy-down of CWHIP, subtract 34,000, with a full impact fee deferral of $20,000, it would bring it down to about Page 109 December 11-12,2007 $138,000. Then ifthere is SHIP eligibility beyond that, the numbers go even lower. COMMISSIONER FIALA: Okay, fine. Thank you. MR. KLOHN: Oh, good point, Chief. And then 30 years from now, if we have the impact fee deferrals and -- which I've done calculations at 20,000, not eliminating the water and sewer, but 30 years from now with the CWHIP buy-down and with the impact fee deferral benefit, the unit that would be at $162,000 today, net of those buy-downs, would be at 312,000 30 years from now, and in 20 years, $222,000. COMMISSIONER FIALA: Okay. Well, they might live there that long. Heck, I've been in my house 34 years, so some -- other people might do that, too. Thank you. MR. KLOHN: Thank you. CHAIRMAN COLETTA: Commissioner Coyle, then Commissioner Henning. COMMISSIONER COYLE: Yeah. Let me review very quickly, just to give some of the other commissioners some comfort, what the elements really are. Number one, in order to participate in the deferral program, it must meet the requirements of Florida Statutes, the CWHIP program; must be designated by the Board of County Commissioners as a CWHIP proj ect; must be awarded CWHIP funds; the owner must be a citizen or legal resident of the United States, or if it's a rental, the head of the household must be a citizen or a legal resident of the United States; the dwelling must be owner occupied and be granted a homestead tax exemption, or if it's a rental, units must be the household's permanent residents; total annual household income may not exceed 140 percent of the median income; and some things that don't necessarily affect just this development, but the deferral period is 10 years, and we are, for rental units, we are extending the deferral from six years and seven months, I believe -- Page 11 0 December 11-12, 2007 MR. MUDD: Six, nine. COMMISSIONER COYLE: -- six years and nine months to 10 years. So in both cases, whether it's rental or for sale, the deferral will be 10 years. COMMISSIONER FIALA: He just said there weren't any rentals. MR. KLOHN: The commissioner's talking about the consolidated program, I believe. COMMISSIONER COYLE: Yes. What we're voting on here is a consolidated program which will provide a project-specific process to get these things done. So what we're voting on does that, does those things. So I will bet you there will be some rental here, okay. But it will depend on how many -- how many -- how much a demand there is for purchases. The thing that -- the only thing that bothers me a little bit is that if we don't have the demand for the workforce housing that we expect, then it's going to become something else, and the people who need workforce housing are not going to be there. So we're going to have to build another project to deal with workforce housing. That's my only concern. It should be a place where we expect that workforce housing occupants will live, where police officers and teachers and middle-management personnel will live. So if it's not that, we have not accomplished our -- our objective of serving the workforce housing market. Okay. CHAIRMAN COLETTA: Okay. Commissioner-- MR. KLOHN: One thing I'd like to add, if I may. The Affordable Housing Commission recommendation included the caveat that it -- that the impact fee deferral program be recommended and approved by the BCC with a 10-year deferral with repayment beginning in year 11 and full repayment in year 30. Page 11 I December 11-12, 2007 COMMISSIONER HENNING: That's not a 10-year deferral. MR. KLOHN: No. The consolidated ordinance stopped at 10 years. The request that we've got today for the CWHIP program is repayment beginning at year 11 with full repayment in year 30. COMMISSIONER COYLE: That's not what my executive summary says. What is it that's happening here? Are we changing horses in midstream? MR. KLOHN: No. Amy? Jeff, you want to-- MR. KLATZKOW: I drafted this to be 10 years for repayment rather than 10 years with another 20 years after that. A 30-year repayment, by the time we got those monies back, the value to the impact trust fund would be relatively nominal. COMMISSIONER COYLE: Yeah. So what are you saying? It's a 10-year deferral? MR. KLATZKOW: It's a straight 10-year deferral for this program or for our current program, which is the rental housing program. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And there's always the ability that if some unusual circumstances prevail, that -- COMMISSIONER COYLE: We can extend it. CHAIRMAN COLETTA: -- we can extend it. COMMISSIONER COYLE: Well, it specifically says, it will be for 10 years unless otherwise extended by the Board of County Commissioners. CHAIRMAN COLETTA: Right. COMMISSIONER COYLE: So we do have the ability to recognize and adjust to specific requirements. But right now it's a 10-year deferral, right? MR. KLA TZKOW: That's correct, sir. COMMISSIONER COYLE: Okay. So that's what we're voting on. Page 112 December 11-12, 2007 CHAIRMAN COLETTA: Commissioner Henning, then we have one speaker. COMMISSIONER HENNING: Yeah. I'm going to make a motion to approve, and basically all we're doing here is -- CHAIRMAN COLETTA: We have a motion. COMMISSIONER HENNING: Oh, you do? Okay. I was late. CHAIRMAN COLETTA: That's okay. We're glad you're with us. COMMISSIONER HENNING: I'll support the motion. COMMISSIONER COYLE: Whatever it was. CHAIRMAN COLETTA: Okay. And with that, you want to call our speaker, please. MS. FILSON: Yes, sir. Kenneth Kelly. MR. KELL Y: Good afternoon. For the record, Kenneth Kelly, Chairman of the Affordable Housing Commission. I believe we have support. I was here just to let you know that as the commission, we did support it in full and we went over it in detail. And to answer Mr. Coyle's question, Commissioner Coyle, last time when we were here you had a question reference number 3 on the application, and I want to let you know that basically we're not guaranteeing the million dollars directly to the program. What we're doing is we're saying that there is a competitive bid process already in the county, and we suggest that, you know, Mr. Klohn and MGD (sic) follow that process. Thank you. COMMISSIONER COYLE: Yeah, that's right. CHAIRMAN COLETTA: Thank you very much for coming today. I appreciate you taking off of work to be here. MR. KELLY: Welcome. CHAIRMAN COLETTA: And with that, any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, Page 113 December 11-12, 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: And the ayes have it, 5-0. Amy, do you have one last thing you want to add to the record or clarify? MS. PATTERSON: I was just clarifying that we are excluding water and sewer impact fees from the deferral program. CHAIRMAN COLETTA: That's our understanding. COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Okay. Item #lOM RESOLUTION 2007-349: A RESOLUTION AMENDING THE STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR FISCAL YEARS 2007-2008,2008-2009 AND 2009-2010, TO ALLOW SHIP PURCHASE ASSISTANCE WHEN FUNDS ARE ALLOCATED TO A DEVELOPMENT THAT HAS BEEN A WARDED FUNDS UNDER THE COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) - ADOPTED MR. MUDD: Commissioner, that brings us to 10M, which is a companion. Remember there's two companions. There's 10M and there's 12C. 10M is a recommendation the Board of County Commissioners Page 114 December 11-12,2007 approves and authorizes the chairman to sign a resolution amending the State Housing Initiative Partnership, SHIP, Local Housing Assistance Plan, for fiscal year 2007 through 2008, 2008 through 2009, and 2009 through 2010, to allow for -- to allow SHIP purchase assistance when funds are allocated to a development that has been awarded funds under the Community Workforce Housing Initiative pilot program, CWHIP. This is, again, a companion to 10D, which you just heard, and the next, which will be 10C, and I believe Marcy Krumbine, your Director of Housing and Human Services, will present. MS. KRUMBINE: For the record, Marcy Krumbine, Housing and Human Services, and I'd just like to open it up for questions on this companion item. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Halas, second by Commissioner Fiala. Any questions? (No response.) CHAIRMAN COLETTA: Do we have any speakers? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. I'll close the public hearing on this. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you very much. Page 115 December 11-12,2007 Item #12C RESOLUTION 2007-350: A RESOLUTION RECOMMENDING MDG CAPITAL CORPORATION AND THE ESSENTIAL SERVICES PERSONNEL HOUSING COALITION OF COLLIER COUNTY (ESP) AS THE COLLIER COUNTY APPLICANT FOR REPRESENTATIVE MIKE DAVIS' COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) FOR THE 2008 APPLICATION CYCLE - ADOPTED MR. MUDD: The next item, companion item, is 12C, and this is a recommendation that the Board of County Commissioners of Collier County, Florida, adopt a resolution recommending MDG Capital Corporation and the Essential Services Personnel Housing Coalition of Collier County, the ESP, as the Collier County applicant for the Representative Mike Davis Community Workforce Housing Initiative Pilot, CWHIP, for the 2008 application cycle. And I believe Mr. Jeff Klatzkow will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Move to approve 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. Page 116 December 11-12,2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. MR. MUDD: Commissioner, now we go back to paragraph 8 again on your agenda. MR. KLOHN: Thank you, Commissioners. CHAIRMAN COLETTA: Thank you. MR. MUDD: 8A is continued indefinitely. It's on your agenda. Item #8B ORDINANCE 2007-85: PETITION PUDZ-2006-AR-I0648, NAPLES MOTORCOACH RESORT INC., REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLEMONTES, INC., AND RICHARD D. YOV ANOVICH, 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, APPROXIMATEL Y THREE QUARTERS OF A MILE EAST OF COLLIER BOULEVARD (CR 951), IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W /STIPULA TIONS; MOTION TO ACCEPT DONATIONS - APPROVED Page 117 December 11-12, 2007 So it's 8B. This item was continued from the November 27, 2007, BCC meeting. This item requires that all participants be sworn and ex parte disclosure be provided by commission members. It's petition PUDZ-2006-AR-I0648, Naples Motorcoach Resort, Inc., represented by Robert L. Duane, AICP, of Hole Montes, 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 district to the commercial planned unit development district for a project to be known as 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, County Road 951, in Section 3, Township 51 south, Range 26 east, Collier County Florida. CHAIRMAN COLETTA: Okay. And before we begin, how many speakers do we have signed up to speak on this item? MS. FILSON: Two. CHAIRMAN COLETTA: Okay. I know we do have quite a contingent from the former Graystone Park that was out there. If you wish to speak on this item, there's speaker slips out in the hall. You can sign up and turn it in up here to speak your mind. Okay. MR. MUDD: Swear them in, ex parte. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Ex parte and swearing in. CHAIRMAN COLETTA: Oh, forgive me. You're correct. Thank you, Commissioner Henning. Ex parte on the part of the commissioners, starting with Commissioner Coyle. Page 118 December 11-12,2007 COMMISSIONER HALAS: Swear them in first. CHAIRMAN COLETTA: Oh, I'm sorry. We've got to swear everybody in. Okay. By the numbers, folks. Would all those wishing to participate in this particular agenda item please stand at this time and be sworn in by the court recorder (sic). (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. Now ex parte disclosure on the part of the commissioners, starting with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have had meetings and discussions with representatives of the petitioner, I have read various amounts of correspondence concerning objections to the motorcoach resort, and I have received telephone calls. CHAIRMAN COLETTA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Thank you very much, Chairman. I only received emails on this item. I've had no contact with the petitioner on this. I have talked with staff in regards to this project. Thank you. CHAIRMAN COLETTA: Okay. And myself, I have had many, many meetings, and I mean preceding this particular item going all the way back to when Graystone was going through the issue of removing the tenants that lived there, all the way through. There's been more meetings than I care to count, but I do have a folio that's complete up here and has all the meetings, in place. Received numerous phone calls, emails, and met with the people from Graystone and the petitioner that is carrying this item forward several times and had phone calls with many of them and in between. And with that, Commissioner Fiala? COMMISSIONER FIALA: Yes. I've met with the petitioner's agent, I've received many -- Rich Y ovanovich, being one of them -- excuse me. I've received many emails, many phone calls. I've talked with people. Actually I was very intensely involved in it when it came Page I 19 December 11-12,2007 to us the first time and -- because I have friends that lived there, and they're sitting in the audience now. And so -- let's see. I've talked with staff about it as well. I've driven by the property. And I think that's it. CHAIRMAN COLETTA: And I'd like to add that I also talked to staff numerous times, and that includes the county attorney. Commissioner Henning? COMMISSIONER HENNING: I have email correspondence from constituents, staff members. I had one phone call from a former resident of Graystone Mobile Home Park. That's it. CHAIRMAN COLETTA: Thank you. Okay. Ready for the presentation, Mr. Y ovanovich? MR. YOV ANOVICH: Thank you. Good afternoon. Rich Y ovanovich on behalf of the petitioner. I have with me Randall Henderson, who is a principal and the petitioner; Bob Duane, George Hermanson, and Jerry Neal from Hole Montes to answer any questions you may have. Briefly, you'll see a location map on the visualizer. This is a parcel of property that's approximately 23.2 acres in size. It's located on the south side of U.S. 41 about three-quarters ofa mile east of the intersection of Collier Boulevard and u.s. 41. The property is the former Graystone RV Resort. It's never been a mobile home park. It's been an RV park that was constructed well over 40 years ago -- constructed well over 40 years ago. And, candidly, the infrastructure was in not a good state of repairs. The property currently has three zoning designations on it, as it exists today. The majority of the property, 19.13 acres is zoned mobile home. It's a -- has the zoning designation of mobile home rental park. It also has about -- a little over two acres is TTRVC, and finally, about two acres is zoned C-5. That's a site of a former convenience store on the property. So there are three zoning designations on the property as it exists today. Page 120 December 11-12,2007 What we're requesting is a PUD to allow for an RV resort. The RV resort would allow, under the PUD document, up to 200 RV parcels with associated amenities, pool, clubhouses, and the like. There will also be a -- and I'll put the PUD master plan up next. The PUD master plan depicts clubhouse locations, as well as a boat storage facility. That boat storage facility is basically adjacent to -- and I'll go over here. Basically the boat storage facility on the master plan -- I'm pointing to -- this is the exist -- or the former Graystone RV Resort, but this is the aerial that kind of puts it in perspective. On the master plan the -- oops. I thought you were looking at it on the visualizer. The boat storage facility would be in this location right here, which would be closest to the church, which is to -- I think that's east. As you know, I have problems with directions. But closest to the church, which is on our east. We worked with your staff -- and if you look at the Planning Commission report, you'll see that originally the boat storage facility was going to be a two-story boat storage facility. We worked with your staff to reduce the height of that boat storage facility not to exceed 15 feet in height. And with that, that eliminated a concern of your planning staff. The project, in our opinion, is an improvement for the property in many respects, and I'll take you through those. Jumping back over here for a second. This is a rendering of the site plan that I -- that has been submitted to the county. So the site development plan is in, and I will tell you that we will not make 200 units. We'll only reach 184 units based on the site plan. But as you'll see on the site plan, it provides nice amenities on the site. The boat storage facility is in this area over here. It will be in two buildings. It will limit the number of boats that we can have on site to 32 in the boat storage facility and 27 in the docks that can go on Page 121 December 11-12,2007 the creek. So there's a reduction in boat traffic over what currently or what formerly existed on the site. That reduction is, I think, in furtherance of your Manatee Protection Plan, so there's an obvious benefit to that. Also the former Graystone RV Resort had 312 units there. Now, of those 312 units, 50 were mobile home units. Of those 50 mobile home units, only 16 were permanent residents. The remainder were people who came seasonally to enjoy Naples, like many people do. But as far as permanent residents, our records indicate that 16 of those mobile homes were permanently occupied, so that means about 262 of the other units were RVs. Now those RVs were in various states. They were not what we're proposing. What we're proposing is motorcoaches, minimum 35 feet in length, maximum of 45 feet in length. You know, the RVs you're used to where people drive in them and then leave with the RV when they're leaving. What you had there in the past was, you know, things that kind of evolved into almost permanent structures. We're not proposing that. What we're proposing is to reduce the number down to 200 so that would be a reduction of 112 units. With that, we will be providing better hurricane preparedness, because if there's a hurricane watch, people will be told they have to leave. That's part of the PUD condition. So they will not be around during a hurricane so there will be no structures there during a hurricane. So we believe from a property damage standpoint, we are furthering the goals of your Comprehensive Plan regarding hurricanes. There will also be a reduction in traffic because we're going from 312 occupants of the area to 200. So if you -- and your staff report indicates we're essentially giving back traffic capacity to a roadway segment that has its issues. We've provided that the units cannot be occupied for greater than six months, which means from a property tax standpoint these units Page 122 December 11-12,2007 can't be homesteaded because these are mobile structures. Under the old scenario, people could basically remove the wheels, tie these things down, and they would become -- from a taxing standpoint, they would be eligible for homesteading. What we're doing is prohibiting the ability for homesteading. So one, we'll have -- we'll avoid that issue from a tax standpoint, but most importantly, they'll be able to leave when hurricane issues occur. With the reduction in units, we're reducing the impact on the water and sewer system facilities of Collier County. As I mentioned, there are some significant environmental improvements. One, there will be less boats because we're capping ourselves at the 59, so that's a benefit to the manatees in the area. Two, the old park had no water management system to speak of. Water was just basically flowing into the creek. We will be required to treat that water before it goes into the creek. And in fact, when the site was cleared of any structures that were abandoned, we were asked to go ahead and build a water management lake now, which we've already done. So we've already taken care of water management in that area that didn't exist before. We've met with our neighbors, and the neighbors -- we haven't heard any objection from our neighbors. We believe we're compatible with our neighbors and, in fact, we've got a petition that, if necessary, I can enter into the record with several signatures of people in the area supporting the rezone. We, most importantly, will be reinventing this park. And with reinventing this park, we will be putting in water and sewer that meets current standards, we'll be putting in electrical that meets current standards. The park was, as I said, you know, an older park. The infrastructure had warn out. We were having problems with the water and sewer system. We were also told by the fire department that there Page 123 December 11-12, 2007 are no fire hydrants in here, so there are issues from a fire safety, and the roads were so narrow that really they couldn't get their fire trucks in there. So we're basically reinventing the park and improving the infrastructure and addressing fire protection issues that needed to be addressed. The bottom line is, this park needed to be redone anyway, and having to redo that, we were going to have to bring everything up to current standards, which meant that we were going to have to ask these people to leave while we did that. And then, of course, if they wanted to come back, they would have been allowed to come back, but there was going to be a re -- there was going to have to be a relocation of individuals anyway to meet the current standards. Now, my client was not the former owner of the property. He purchased the property. And there's been a lot in the newspaper and there's a lot of letters, angry letters about people who have been displaced. There's no question about that. My client is willing to step up to the plate and do things that, frankly, I don't think he is legally obligated to do, but in recognition of some of the claims that this was an affordable housing development -- which it was not an affordable housing development. It was an inexpensive place for people to come to Collier County and enjoy Collier County, but it was not an affordable housing complex. My client is willing to do what other residential developers have done and what other commercial developers have done and make a donation to the county's affordable housing trust fund equal to $1,000 per pad that ultimately gets permitted, and when he sells the unit, he'll make the $1,000 per unit donation to the affordable housing trust fund. So that will be, I believe, giving back to the community like many others in recognizing a need to address affordable housing. So that's essentially $184,000 commitment from my client today that they're willing to make in recognition of issues raised in the letters that are in your packet. Page 124 December 11-12, 2007 In addition to that, there were 15 permanent residents and mobile homes. My client -- maybe it was 16. Was it 16? It was 16, I'm sorry. It was 16 permanent residents. Four of those permanent residents were relocated by the previous owner, so they were taken care of in addition to the monies they were paid by the previous owner for their structures. My client will establish a fund within 30 days of the effective date of this PUD in the sum of -- the sum of 5,000 per unit for those 12 people to assist in their relocation expenses. Now, this is above what they've already been paid for their units. But, again, in response to the letters that were in the backup, my client is willing to try to go above and beyond to address the issues that they had to deal with. And they were significant issues and we know, you know, they were. They were relocated. Nobody wants to be relocated. That would have needed to be done anyway, but my client is saying, okay, I believe I should give back above and beyond what the state mandated had to be done by the previous property owner. So he'll establish that additional fund. I'm trying to find an agency to monitor those funds. In can't, then, you know, my firm will handle that through our escrow account, and when those 12 people that were not relocated by the previous property owner can come prove to me they were the ones who lived there, then we'll go ahead and release those funds to them, you know, to help share in the burden that they had to deal with. And they have been relocated. I don't know -- I'm assuming they've already found another place to live, but this money, I hope, will help ease some of the issues that they had to deal with. So we are requesting that the Board of County Commissioners approve the rezone. Your board -- your Planning Commission unanimously recommended this proposed project. I think -- and so did -- your staff is recommending it as well. It does reduce traffic impacts. It does address hurricane issues. It does address Page 125 December 11-12, 2007 environmental issues. So we're requesting that the Board of County Commissioners approve our rezone request. And that's my brief overview of the proposed project, and I or anybody else on the team can answer any specific questions you may have regarding the PUD document or the proposal. CHAIRMAN COLETTA: In may go in front of you just for one moment. I just want to make sure that there's no misunderstandings about this. What you're offering here today is of your own free will and it hasn't been extorted or suggested by anyone of the people sitting up here? MR. YOV ANOVICH: No, it hasn't. And frankly, it's in response to the bad press that we've gotten from the paper. And finally, when we got to sit down with the paper and explain our side of the story, I think those were the accurate facts. But be that as it may, my client said to me, Rich, I feel like I need to do something; not because he was asked to, because he wants to. CHAIRMAN COLETTA: Okay. And this -- this is -- I'm just making sure, because in the past some people have said that one of us -- and usually it's me -- has been guilty of contract zoning, make these deals on the side. This has not been a deal that you and I sat down and worked out. This is something your client's freely coming of his own will forward with to be able to meet the demands? MR. YOV ANOVICH: Yes, Commissioner. This is something that my client is doing of his own free will to address -- and, frankly, I didn't get to see any of these letters before the Planning Commission. The first time I saw them and the reason I requested the continuance was when the agenda package came out for the Board of County Commissioners. So at that time -- I mean, I knew there were unhappy people, but I didn't know about all those letters, okay. So at that point I said, time out. Let's talk about addressing these concerns, and that's why I asked Page 126 December 11-12,2007 for the continuance. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Fiala, then Commissioner Halas, then Commissioner Henning. COMMISSIONER FIALA: Thank you. Just a few questions. First, could you tell me, when you say that your people relocated these people -- MR. YOV ANOVICH: Mr. Guidish, the previous property owner, relocated four of the 16 permanent mobile home dwellers. COMMISSIONER FIALA: I see. Because you used relocated a lot, almost sounding like somebody helps them find places, and I know that wasn't always the case. MR. YOV ANOVICH: That was just for four of the people. The other 12 he did not, and that's why my client -- COMMISSIONER FIALA: And how about everybody else in there? MR. YOV ANOVICH: I'm sorry? COMMISSIONER FIALA: How about everybody else in there? MR. YOV ANOVICH: I don't know about the individual RV users. But in my -- in my mind, those individual RV users were not-- those were not permanent residences. That was not the people who were, quote, affordable housing dwellers. We were focusing on those Issues. COMMISSIONER FIALA: Okay. Just a few questions. First of all, does this property adjoin another property or is it owned by the same person that owned this one called Paradise Point? MR. YOV ANOVICH: Does it adjoin it? I don't think it adjoins it, but I do believe the owner of Paradise Point, Mr. Guidish, owned this one as well. But the petitioner does not own Paradise Point. COMMISSIONER FIALA: I understand that. Not right now anyway. And I had understood that they were talking about doing this. My point is -- and it doesn't make any difference who's doing what. I want to make sure that this doesn't happen to people again Page 127 December 11-12, 2007 where -- it's their home. It's -- that is their home. And all of a sudden -- they can't move their home. They just don't have it anymore. It's thrown into the garbage, and they have no place to go, and they get a thousand dollars to say, here. Now find yourself another house. So I want to make sure that there's something that takes place, if Mr. Guidish decides to sell his next place -- and that's up to him -- but there should be something on the record that says that the people who are living there now have the first right of refusal. MR. YOV ANOVICH: You know, you bring up a very good point. Even though the law does not provide that these people get the first right of refusal, they were given the first right of refusal to buy this property. COMMISSIONER FIALA: No, I don't think so. They tried to. MR. YOV ANOVICH: Let me finish, and then you can tell me where I -- somebody may have told me something different. There was an offer proffered by Mr. Henderson's company. The people who owned the park were given an opportunity to match that offer. What they did is they counteroffered by saying, we're going to put up a small amount of money that was secured by a note, so they weren't even putting up any cash. So they weren't matching the offer. They were given an opportunity to do that, even though the law doesn't say they have to. They couldn't match it, they couldn't come up with terms, and then -- and this went through the court system. The judge agreed that the property owner, Mr. Guidish, had followed the law. He had actually gone one extra step by making this right of first refusal, and it wasn't matched. So Mr. Guidish already did above and beyond. And I don't know what he's going to do on Paradise Point ifhe ever decides to sell. COMMISSIONER FIALA: Well, I don't know either. And you can interpret it any way, and I can -- MR. YOV ANOVICH: That's fine. Page 128 December 11-12,2007 COMMISSIONER FIALA: -- can interpret it any way. I don't -- you know, I've heard one thing. You've heard another thing. The thing is, I don't want to see this happening to anybody again where they're just forced out and they have nothing to fall back on. So that's my first thing. The second thing is, if they -- if people are forced out at -- they should at least get a fair market value for the property that becomes garbage. I mean, let's face it, you can't move these mobile homes anyplace because they're older, and so -- but it is their home. So they should be able to get, not the highest and best use, but the fair market value for their property. I'm putting this all on the record only because I'm afraid that it's going to happen again. It feels to me as though this is just the first step of many steps. I don't want to see that happen again. I know that my friends -- they're sitting right here. When my friends were forced out, they -- it was their home. They'd lived there, I don't know, 20 years or something, 30 years; 30 years they'd lived there, and they didn't know what they were going to do, and they're elderly and they've got health problems. Anyway, God kind of watched over them. He found a place for them. They're happier now than they've been and I'm satisfied with that, and I believe that other people are also relocated. It wasn't done very fairly. And I just want to make sure that it doesn't happen to anybody else like that again. Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Thank you. When this was the Graystone, did these people own the property or did they just rent the property? MR. YOV ANOVICH: They were renters. COMMISSIONER HALAS: They were renters. MR. YOV ANOVICH: Yes, sir. COMMISSIONER HALAS: I'm hoping that if this other park Page 129 December 11-12,2007 that Commissioner Fiala's talked about, I'm hoping those people own the property. If they don't, then there's really no way that they can protect that item because they don't own the property. I understand their concern, but I don't know how we can comfort those people when they don't own that particular property. The other issue that I'm wondering about is that originally, before this went to the Planning Commission, I believe that you were in agreement that you were going to set aside some land for a wellfield, I think one area. I'd like to know if that's back on the table, if that's negotiable. MR. YOV ANOVICH: It was -- it was never off the table from our perspective. We had agreed to that. It was the Planning Commission's motion that took that out. We didn't say we didn't want to do it. We had agreed to it so -- COMMISSIONER HALAS: The reason is, is this is not just for the citizens out there. This is for all the citizens of Collier County in regards to making sure that we have adequate supplies of water. So if there's a motion down the road for approval of this, I hope it includes also the wellsite for the rest of the county. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Is the county going to give you impact fee credits on that portion of the site? Are they going to purchase it? Well, let me just say, if it's for all the citizens in Collier County, then the county should purchase this site, because the rational nexus for the staff to ask, whether it's a park, whether it's a well site or whatever, it should have some rational nexus for your impacts. And, you know, has anybody from the county ever represented how many gallons of water that you're going to require? MR. YOV ANOVICH: Commissioner, this is a -- this -- we worked with your staff to minimize the impact of the location of this well. And this has become -- as we go through the process, this isn't Page 130 December 11-12, 2007 the first PUD you've seen that has agreed to step up and assist with this water issues. We didn't have an objection to doing that. We were never offered impact fee credits for it. The impact to us was minimal. So from a dollars and cents standpoint, it doesn't really make any sense to us to push an issue to try to get impact fee credits on that. COMMISSIONER HENNING: But they did ask, correct? Government asked for it? MR. YOV ANOVICH: They did ask for it -- COMMISSIONER HENNING: Okay. MR. YOV ANOVICH: -- as part of the review process. It's a standard -- I'm not going to -- it's a standard request depending on where the property is located from your utilities department. COMMISSIONER HENNING: Yeah. And there has to be rhyme and reason why we need that. I mean, just like transportation does. I mean, we have those rational impacts, a traffic study. Now, the water department hasn't done that kind of analysis, and it goes into the Nolan case in California. You have to have that rational nexus, otherwise, if it is a community benefit, then the community must buy it. There's several cases out there. But anyways, what I was going to ask, is this site plan -- is it the same as the pictoric site plan that you're showing us? MR. YOV ANOVICH: Yes. COMMISSIONER HENNING: It is. Is this the same one that was provided to the Planning Commission? MR. YOV ANOVICH: We didn't get into the level of details with the planning commissioners as far as the layout of the individual sites. They saw -- I'm sorry. I know what you're pushing. Yes, the visualizer, the one you're holding up, is the one we showed to the Planning Commission. COMMISSIONER HENNING: That hasn't changed? MR. YOV ANOVICH: Other than we've agreed to some Page 13 I December 11-12, 2007 additional setbacks some planning commissioners requested and that we limited it to one story, the boat storage. Those are the only changes. COMMISSIONER HENNING: So this reflects what the Planning Commission voted on? MR. YOV ANOVICH: Uh-huh. COMMISSIONER HENNING: Does the rest of the PUD reflect what the Planning Commission voted on? MR. YOV ANOVICH: Yes. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Okay. We do have three speakers. Let's go to the speakers. MS. FILSON: We have two speakers, sir. Carolyn Brown. She'll be followed by Denise De Witt. You can go to either podium. Do you have something to put on the overhead? MS. BROWN: No, I really wasn't sure what I was going to say here, listening -- COMMISSIONER HENNING: Your name for the record, please. MS. BROWN: Oh, I'm sorry. Carolyn Brown. I was a resident a Graystone, short-lived, unfortunately. When I went -- we had -- we actually only had one year there hoping to move there permanently once my husband retired, which is going to be in another year. So we were displaced, even though we were what they called snowbirds, we were displaced, and we lost everything. But I guess my biggest concern for doing what they're doing is that, doing some research, I found that Collier County's one of the biggest counties in Florida, but there's only 19 percent usable land. If I'm wrong on that, this is what I see in the research that I did on-line. I was under the impression -- I lived on water, on the dock there -- that we couldn't do anything to these -- to that river, Henderson Creek. What's going to happen now if they start dredging and putting Page 132 December 11-12,2007 up these docks? They're talking about lowering the boat usage, but there was very little boat usage on that creek, at least by Graystone. We couldn't even get out if the tide wasn't right. So there were lots of boats on the other side by another park, but still not the numbers that they're talking about, you know. And I don't -- I think now it's going to increase. What's going to -- one of the things we liked about being there was the wildlife, the refuge, what's it, Rookery Bay, everything's there. This is all going to be impacted. How are you going to prevent all of that from being destroyed? I don't understand. You know, that's one of my big concerns with the whole Issue. You start dredging that canal, what's going to happen to the docks on the other side of it? It's not a very large creek, you know. How are these people going to be affected? You know, we were forced to leave and we lost what we had there. Fortunately we were lucky enough to find another place, but I don't have the views I had there. I don't have any of this. And you're talking about us being able to homestead. We never owned the property, so how were we ever able to homestead? You know, I pay taxes like everybody else. I just don't -- I don't understand -- I don't understand how this whole thing happened. I haven't been here very long, but I'm really looking at it, whether I want to stay in Florida because it's just sad, very sad. I don't know if what I have to say means anything, but it's definitely a concern. And I know I've talked to a lot of people since who have left, and they feel pretty much the same way, and some of them haven't even come back because they couldn't afford to come back. So maybe this place should have some kind of affordable housing. It seems like it's going more in the direction of catering to the rich. I don't know. I don't know what the answer is, but I just felt Page 133 December 11-12, 2007 I had to say something. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: Your next speaker is Denise DeWitt. MS. DeWITT: Good afternoon. My name is Denise DeWitt, for the record. I'm not really sure where to start here. I have my sayings that I wanted to speak to you people about, and after hearing what he had to say, I have a lot of comments on that, too. So I'm going to start with what I initially came here to tell you. I'm here today to express my concerns about the rezoning of what used to be Graystone Park. Just to give you a little background, this was home to nearly 300 residents, some of which were only seasonal residents, but residents just the same. They range from about 50 to 90 years old, some of which lived in the park 30-plus years. We tried to purchase the park for 2 million more than it was bought for and had a letter of financing to show it to the judge, but the judge did not allow our evidence to come in because it was in email form, so it was disregarded. These are senior citizens who cannot just start over. They're on a fixed income and they were forced out of their homes with no monetary compensation except for the small amount that the state allows for the abandonment of our homes. When this was before the Planning Commission, they were supposed to be given the letters that are on file with Kay Deselem from the residents expressing concerns about the rezoning. These were not presented at the meeting, so it was passed without objection. You should have those 40 some letters on file in your folders. I hope you've had a chance to read them and to put yourselves in their shoes. How would you feel if this happened to your parents, 70s, 80s, 90-year-olds? The sale of Graystone Park caused interruption of the routine of all of these seniors, not to mention the stress, hardship, and heartache, and this, in turn, caused health issues, many of whom cannot be here Page 134 December 11-12,2007 today, as they're still up north now living with family because they cannot afford to come down. They have nowhere to go. I was on your website and was reading something that I thought was rather interesting. It says the board is the chief policy-making body of Collier County responsible for providing services to protect the health, safety, welfare and quality of life of the citizens of Collier County . I understand the need for growth of cities, but when someone has money, can they just walk all over people at no regard? It sends a very negative message to the working class. What good can come from allowing this rezoning to pass? The plan is, again, targeting people with an abundance of money. If the middle and lower class people keep getting squeezed out, who's going to be here to work in the restaurants and stores and to take our -- firemen and our policemen? I've talked to many people who cannot afford to stay in this area because they don't make enough money at their jobs. Collier County officials have told me that they have jobs posted because entry level positions in the county do not pay well enough to allow them to live here. Does Naples really need another RV resort? More people going up and down the waterways and roads. I ask you to please consider all options before giving approval on this matter. I also ask that you protect the health, safety, and welfare and quality of life of the citizens of Collier County. I believe it would be in the best interest of the citizens of Collier to keep more affordable housing of some kind where this park stands. It's convenient for seniors and for the moderate income. Teachers, nurses, office workers, police, and firemen and other service personnel who do not qualify for low-income housing. There's grocery stores and department stores nearby, doctors and pharmacies, so they don't have to travel far to accomplish their daily needs. Page 135 December 11-12, 2007 CHAIRMAN COLETTA: Mrs. DeWitt, you ran over three minutes. I'm going to -- as a spokesperson for the group, I'm going to allow you to go for another two, but please start to bring it forward. MS. DeWITT: Almost there. Please don't regard (sic) those of us that do not have an abundance of money. We depend on government officials to make sure the best interests of all people are considered. I was raised to respect my elders and to treat others the way we want to be treated. It seems once these essential workers become seniors, they become non-essential members of society and are disregarded. We may not pay large amounts of taxes that others do who do have a lot of money, but we do support our communities just the same and deserve the same consideration. We did not have 59 votes in our park at Graystone, and our permanent residents were about 50 for year-round. There were 74 mobile home sites that were there, and we could not homestead because we did not own our property. How could we possibly go back and live there as he is proposing because this is targeted for people who have a lot more money than what we ever did? That's why we lived where we lived. And we did make them an offer of eight million and we made them an offer of 10 million, and it was disregarded. I thank you very much for your time. CHAIRMAN COLETTA: Thank you. And that concludes the speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: And the public portion of this agenda item. Commissioner Halas? Oh, I'm sorry, your light was before? MS. DESELEM: Excuse me. MR. MUDD: Kay needs to get something on the record, sir. MS. DESELEM: Thank you. For the record, Kay Deselem, Principal Planner with Zoning. Two things. One, I wanted to go on Page 136 December 11-12, 2007 the record that we are recommending that this be approved and we are recommending that it be found consistent with the Growth Management Plan. You do have a supplemental executive summary that addresses the wellsite issue, and I would ask that you reconsider the position taken by the Planning Commission and include that well site as part of the approval. The utilities division has staff here to address that issue if you need more details. And then before I actually make a vote, I need to make sure I understand the two things that the petitioner's agent has offered, in fact, those things are adopted. For example, we need to figure out, you know, what the fund's going to be, how the money's going to get there, who's going to disburse the funds and how they're going to be disbursed because there seems to be some ambiguity that in order to ensure compliance with zoning, since it's going to be adopted as a zoning condition if it's approved, we need to understand where we're gomg. And then the other issue, the petitioner, I believe, said that he wanted to make the $1,000 payment for the affordable housing trust fund at the time of permitting, and we would ask that instead of the issuance of permitting that we do it at the issuance of Certificates of Occupancy because we have no way to track when permits are issued for any part. There's just no way to do that; whereas, we could track COs, and that's customarily how we do incorporate that type of condition. Other than that, I'm available if you have questions. And like I said, utilities staff is here as well. CHAIRMAN COLETTA: Thank you. Let's start with Commissioner Halas, Commissioner Coyle, then Commissioner Henning. COMMISSIONER HALAS: I need some guidance here. I think Commissioner Henning brought up a good point, so I need guidance Page 13 7 December 11-12, 2007 from either the director of utilities or the county attorney in regards to addressing this wellsite. Now, Commissioner Henning is concerned that we may be extracting a wellsite out of these people. Is there some monetary value that we can say that we're buying this wellsite for $10, $100, or some fee that's a transaction fee that says, we purchase today? MR. KLATZKOW: Yes, and I understand. Commissioner Henning's concerns very well on this issue. I spoke with Mr. DeLony just a few minutes ago on this. He assures me this is a completely voluntary donation by the developer. Mr. Y ovanovich can confirm that. Ifit is completely voluntary, we don't need to get into these Issues. COMMISSIONER HALAS: Okay. So this wasn't extraction? This was something that the developer said that he would step up to the plate to address; is that correct or not? I want to make sure that we're on good ground here. MR. YOV ANOVICH: First of all, we're giving you an easement. We're not conveying any fee simple. And, yes, we agreed to do this voluntarily. COMMISSIONER HALAS: Okay. Thank you very much. I wanted to make sure we get that on record. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I -- in view of the controversy that has surrounded all this, you know, I'd like to make sure everyone understands what we're doing here today. It is extremely unfortunate that residents or visitors went through the kind of inconvenience and loss that you had to go through, but that ship has sailed. A court of law has ruled that the property owner, the prior property owner, and logically the current property owner, has the right to do with his property what he can do. To interpret it otherwise is like saying, if you have a -- if you have a guesthouse on your property Page 138 December 11-12,2007 and you rent it to someone, you're obligated to let them stay there forever. You can't ever renovate your guesthouse, you can't bring your own mother-in-law there, you can't use it for the purposes that you want to use it. And I think we have to understand that private property rights are one of the fundamental rights of our nation, and a court has ruled that he has the right to do with the property what he's allowed to do under the law. So now, we're in a position where we can't make our decision today based upon the perceived injustices that might have occurred to the people who used to live there. We have to make our decision based upon the law. Is this use permitted under our code? The answer is yes. It is permitted under our code. Will we have to approve it exactly as it's proposed? No, we really don't. And to that end, I would like to ask a couple of questions now. We talked about the maximum residency being less than six months and providing for no homesteading. I don't see that in our executive summary. Is that something that has come up just recently? MS. DESELEM: Either one of us can answer. Since I'm here, I'll answer. It's in the Exhibit F of the PUD documents as a commitment. COMMISSIONER COYLE: Okay. I'm not going to dig through a bunch of exhibits trying to find out what stipulations should be part of my motion, okay. We had a big discussion about that earlier today. We want all these stipulations very clearly laid out so that when we say we're going to approve the staffs recommendations, we know exactly what the staffs recommendations are. So I heard things today that I haven't -- haven't heard before, but there are a number of items here listed which indicate the Planning Commission recommendations, and they're numbered 1 through lOin the executive summary. It's pages 5 and 6 of pages 195, okay. Now, not all of the stipulations are included there apparently. Page 139 December 11-12,2007 But here's what I'm going to do. I'm going to make a motion to approve those stipulations 1 through 9. I'm going to make a motion that the wellhead be included and that a stipulation that maximum residency shall be less than six months, there will be no homesteading, that the boat storage -- height of the boat storage building will be reduced to 15 feet maximum, and that the number of docks will be exactly the same as what exists there now. So that's my motion, Mr. Chairman. CHAIRMAN COLETTA: What about the affordable housing element? COMMISSIONER COYLE: I'm not going to make that a stipulation because that is something that they have volunteered to do. If they wish to do it, they can do it. I'm not going to make -- I'm not going to make it part of my motion, I'm not going to make my approval contingent upon that thing. But if they wish to do it, it's on the record. CHAIRMAN COLETTA: Let's go to Mr. -- Jeff. COMMISSIONER HALAS: Second the motion. CHAIRMAN COLETTA: Jeff, would you comment on that, because I -- that's not the understanding that we've had in the past with the donations that were made. If this is going to be a departure from that, we may as well just scrap the whole program and forget about any kind of voluntary donations if it can't be on the record. COMMISSIONER COYLE: It's on the record. MR. KLATZKOW: Well, there are two issues here. There's whether or not you want to make the donation a part of this rezoning issue, and that's one issue. The other is, if you do, it ought to be part of the PUD because that's really the best way to enforce it, so -- CHAIRMAN COLETTA: So in other words, we've got $180,000 and possibly restoring some of the well-being of the residents with the $5,000 per resident donation for those that have permanent residency there, we're leaving it on the table and going to Page 140 December 11-12,2007 walk away with the idea that they don't have to do it if they don't want to. We're not going to include it into the -- MR. KLATZKOW: That's not the motion. I don't believe the motion included those as stipulations. CHAIRMAN COLETTA: No, it didn't. COMMISSIONER COYLE: It doesn't. And nor am I going to make my approval of the project contingent upon those items because it then becomes a requirement, not something that's voluntary, because if I make it part of my motion, then they have to do it, right? MR. KLATZKOW: That's correct. COMMISSIONER COYLE: So -- and I think our entire discussion was one of accepting these as something that was not being extracted, that there was no quid pro quo, that you wanted to do these things, it is on the record, you said you were going to do these things, but I'm not going to make it part of my motion. COMMISSIONER HENNING: Can I -- I was next. CHAIRMAN COLETTA: We have a motion -- we have a motion by Commissioner Coyle, second by Commissioner Halas. Next would be Commissioner Henning. COMMISSIONER HENNING: Well, we dealt with this issue about donations long ago when Mike Pettit was here. It was July 24th, and there's a simple form about -- a donation slip, and that's how this should be handled is -- MR. YOV ANOVICH: We'll bring that back. We'll do that. You have our commitment. COMMISSIONER HENNING: Right. You just bring that back. So I feel comfortable with that. I'm starting to feel comfortable with the motion, except for I want to address a couple of things. First of all, this is the worst agenda to follow that -- zoning agenda in recent years. We have three Exhibit A's, we have three Exhibit B's, and the exhibits, A and B, are in the -- in the PUD document, and there's no wonder we get bars and two-story buildings Page 141 December 11-12,2007 next to a residential area. These must be cleaned up so they're easy to follow. The next -- what's that? COMMISSIONER COYLE: I'm sorry. I was just going to support you and say, that's what an executive summary is. It should pull those things out and emphasize it for us. COMMISSIONER HENNING: Well, not only the executive summary, but when you look at the Planning Commission recommendations, they're saying in Exhibit A, so you go to the first Exhibit A, and you figure out, what are they talking about? And you go fumbling through it, you go to another Exhibit A, and it just doesn't flow. So it just adds to the confusion of what the Planning Commission recommendations are. The second thing in the second supplemental executive summary, to me, looks like an exaction except for it's put in on the second page, and it states where, in the water master plan, section 6.3132 of the wellfield procurement strategy, the wellsites should be acquired now to meet the plan -- water requirements and planned expansion for 2025 in order to obtain the required wellsite and easement at a reasonable cost. So Mr. Motion Maker, if you can put in that is -- that wellsite will be afforded by reasonable cost, that it flows with the water master plan and it doesn't look like an exaction of the supplemental executive summary. COMMISSIONER COYLE: Could I reply or just ask a question of someone about that? What is a reasonable cost for an easement? MR. YOV ANOVICH: Can I --let's -- if this will help any, we're an existing project. We have more impact fee credits than we can use. So the way your impact fee ordinance works is if you basically down zone, which we're doing, you all get to keep -- we don't get a refund. So even if I got credits, I can't spend them on this particular piece of property. So for us it really was valueless in this particular case because I couldn't spend the impact fee credits that I would be given. Page 142 December 11-12,2007 So -- now, that's different. In this case I would say, it really had no value to us. Others it may be different, and I -- that's why it's hard for me to answer, what's an easement worth? Well, it really depends on each piece of property. And in this particular case it wasn't worth anything to us. COMMISSIONER COYLE: How about $99? MR. YOV ANOVICH: Okay. If you want to give us $99, we'll take it. COMMISSIONER HENNING: Commissioner Coyle, all we have to do is put it in there at a reasonable cost, and we have -- you know, appraisers can then -- can appraise what reasonable cost is. COMMISSIONER COYLE: Well, I don't have any problem doing that. COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: Yeah. I'll modify my motion to say that. COMMISSIONER HALAS: Okay. I'll second -- modify my second. MR. YOV ANOVICH: Commissioner Coyle, in may, what existed was 24 homes on the water and then two launch docks, so for -- for a total of26. Now, they were dilapidated, so we would like to replace at least the 26. Is that what you intended by your motion? COMMISSIONER COYLE: I don't have a problem improving existing docks. I just don't want to approve additional docks. MR. YOV ANOVICH: Okay. And there were -- there were 26, so it would be 27 we were asking for. So I guess your motion is saying 26, correct? COMMISSIONER COYLE: If the staff can verify that there are 26. MR. YOV ANOVICH: Well, they're -- unfortunately we've removed those now. There were 24 homes plus two docks. COMMISSIONER COYLE: Now there are none there then. Page 143 December 11-12, 2007 MR. YOV ANOVICH: Well, that's my concern. Yeah. That's why I wanted to clarify there were -- COMMISSIONER COYLE: I like that number better. MR. YOV ANOVICH: That's kind of an unfair result. COMMISSIONER COYLE: How can we verify the number of docks that were there? MR. YOV ANOVICH: We have an aerial that may help. COMMISSIONER COYLE: Okay. Then what I would say is that staff should verify the number of docks that were there, and that will be the maximum number of docks that will be permitted, okay. MS. DESELEM: If you'd like, I can take a few moments and look at the environmental assessment that was provided and accepted by staff, and it should have the exact number. I can at least look if you'll give me a moment. CHAIRMAN COLETTA: Sure. Why don't you do that as we continue our discussions. I'm going to take the floor for just a minute. I'm a little bit concerned. Commissioner Fiala brought up a very good point, and I heard it echoed by several of the commissioners, and that's the -- this is completely legal. We know that. There's absolutely no question that what's being done here is legal. But the question is, is it moral? Only -- who can make that decision? I guess it has to be within the minds of the people that are making the judgment calls. And the whole thing that I'm concerned is that we're setting up a template. Like Commissioner Fiala said, she was concerned about what could happen to the next mobile home development if we allow this to go forward as-is without some sort of restraints on it to the point where people realize there's a price to be paid if you want to proceed. In order to be able to proceed, how do you compensate those people that have been unduly harmed, that have been wronged along the way? And this little element that was put in there really didn't make compensation right. I mean, the donation, given freely, $1,000 Page 144 December 11-12, 2007 per unit, and $5,000 for an identified 12 people, which I understand could be more, of$500 (sic) apiece. COMMISSIONER FIALA: Five thousand. CHAIRMAN COLETTA: Five thousand; five thousand dollars apiece, that the idea being is, why make it so easy that the next person down the road can grab ahold of this, say, okay, listen, the pro forma's already been established, we're going to move you out tomorrow, the next park down the road. We already know what we have to go through. And we're going to be able to get there in a moment's notice. Now, with that said, the motion's already been made and the motion does not include the elements that have been offered of the $1,000 per unit to come to -- how many units you got, a hundred and MR. YOV ANOVICH: Hundred and eighty-four. CHAIRMAN COLETTA: Hundred and eight-four thousand, or the $5,000 that might make the Christmas of those people there just a little bit more meaningful. There was a -- but it really wasn't an awful lot. It was a little bit of, you know, take this guilt off me. I'm moving on with it. You can't refuse -- you can't refuse to be able to say, we're going to base our decision upon a donation. You can't do that. You can't vote it up, you can't vote it down; however, with that said -- because I'm concerned that if we leave this totally up to the discretion of everyone that comes down the pike after this, that we're going to have -- we're going to have a lot of people that are going to find reasons and exceptions why the donation that they made, they can be out of it. I am going to make a suggestion. We haven't done this in the seven years I've been here, but by Robert's Rules of Order, we can offer an amendment to the motion, and I'm going to do it at this time, that we reinclude the affordable elements in the final agreement and that it be part of the zoning requirements like we've done in the past many times. Page 145 December 11-12, 2007 And if that -- if I get a second on that, then we could take a vote on that and then go to the original motion and keep moving forward. And with that, that motion failed. And that was the first time in seven years and probably the last time. So I guess the question is -- again, tell me exactly what it is that you're going to do off the record without having it as part of the zoning requirements? MR. YOV ANOVICH: Well, what I had proposed was that we would do a $1,000 per unit at closing, because that's actually when this would work. Now, staff recommended we would do it at CO. That's fine. We would give $1,000 per unit at CO to your affordable housing trust fund for you to spend as you deem it appropriate to further affordable housing. Secondly, we would establish within 30 days of the approval of the PUD, a fund, either administered by me or some other agency. It would go into -- if I do it, it will go into my trust fund. And the 12 people who were permanent residents that we've identified would come, prove to me that they're that person, and I would cut them a check for $5,000, or whoever else administers the fund would cut them a check for $5,000. Now, we voluntarily agreed to do that. It's not part of the PUD. If there's a form I've got to fill out to submit that to the county, we'll be happy to do that. This is a commitment from my client to you. He hopes you'll accept that donation, and maybe the paperwork can carry on -- it could catch up and we could have a separate motion after this to accept that donation. Maybe that helps, and we can just get the paperwork to carry up -- to catch up with that donation offer. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Coyle, then Commissioner Henning, then Commissioner Fiala. COMMISSIONER COYLE: Yeah. That's exactly what we expect to happen. You have put this on the record. It is an obligation that you have accepted, not one that we have imposed upon you. If Page 146 December 11-12, 2007 you merely fill out the form as we have in the past stated that says, here is my pledge, here's what I intend to do and here's when I intend to do it, then that's fine. That's what we would expect you to do because you've put it on the record. It's just that my motion to approve your petition is not contingent upon that, okay. MR. YOV ANOVICH: And I understand that and we -- but we did make a commitment. COMMISSIONER COYLE: And I appreciate you making that commitment because I think it will help the people and I think they deserve some help, and I commend you for doing it. MR. YOV ANOVICH: Thank you. COMMISSIONER COYLE: And I think you're going to do what you said you're going to do. MR. YOV ANOVICH: Right. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER COYLE: Otherwise, don't ever come back. MR. YOV ANOVICH: Well, I'm not going to personally write the checks, but someone -- CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, Commissioner Coyle, I think you're -- what you're trying to do is what we should be doing, and I'm ready to make a motion based upon Mr. Y ovanovich's comments after your motion to memorialize what his commitment was, then we separate those issues. COMMISSIONER COYLE: We didn't get an answer to my question about how many docks we're talking about. MR. MUDD: Kay was looking in the EAC. MS. DESELEM: Again, for the record, it's Kay Deselem. According to the application, the Manatee Protection Plan review submitted by the petitioner, last revised July 20,2007, it states there are 14 residential docks behind mobile homes, as well as a community boat ramp with an associated staging dock. Page 147 December 11-12, 2007 COMMISSIONER COYLE: Okay. MR. YOV ANOVICH: If I could just make one further plea. What we've done as part of this petition, Commissioner -- and I don't want to argue with the audience, but my client counted 100 boats on individual lots, okay, plus the boats that were there. What he has offered to do is say, I'm only going to allow 32 boats for non-waterfront lots, plus 27 more. So that would cap it at 59 using that boat ramp. He's giving up any ability to allow anybody else to put a boat on their lot and use that boat ramp. So he is, in fact, reducing it by doing this. He's not asking for any boat dock extensions. He just wants to use the water as currently allowed under the Land Development Code. COMMISSIONER COYLE: Okay. We can debate that until it gets very cold in a hot place. But here's the point. The more boats you have sitting in the water, the more leaching of antifouling paint that is going to go into the water, and that is a pollutant. So if you double the amount of boats that sit permanently in the water, you're going to be causing more harm than if you had 10 times as many boats sitting in dry storage. So I'm going to stick with my original motion that says, you can have the same number of docks that were there at the time this survey was completed, and I wouldn't -- I wouldn't vote for more than that. COMMISSIONER HALAS: In my second, too, Commissioner. CHAIRMAN COLETTA: Okay. The motion has been clarified and the second agrees. Commissioner Fiala? COMMISSIONER FIALA: Yes. You were talking about helping to make some of these people right from what had happened and taking their property away, and you were saying 12; 12 identified permanent residents there. Wonder if there -- if your figures are wrong and there's 16 or 26? MR. YOV ANOVICH: We had -- okay. We had 50 mobile Page 148 December 11-12, 2007 homes and we had 16 people that lived in those mobile homes permanently. Those were our figures. We managed the place. We know. Those are the numbers. And we have a list of who those 12 are from Mr. Guidish. We'll get that list, and those are the 12 we're willing to compensate. I don't want to -- I don't want to get into an issue with people as to having them prove to me that they were here all the time. Our records indicate that there were 16, we assisted in relocating four of those. There are 12 that we did not assist. And we don't want -- we don't want to get into that argument of having to prove what's permanent, what's not permanent. This is truly a donation to all of those people that my client doesn't have to make but wants to do and is trying to set an example, if you will, for -- if this does happen again, hopefully someone else will follow that example. If you get too complicated, then what do I -- what do I do? How do I prove, you know, if they've been here 365 days a year? I mean, how do I prove all that? I mean, I don't want to -- I'd prefer not to get into that, and that's why we made the proposal. COMMISSIONER FIALA: I just wanted to make sure that your -- you know, if your list isn't correct, and let's face it, that happens a lot of times, where a list comes out, and 10 and behold, it isn't correct for some reason or another, then I just wanted to make sure that people legitimately there year-round who live there permanently, if something happened and they weren't on the list, they would still be in line for it. And your list might be perfect, you know, I don't know that. MR. YOV ANOVICH: And we're hoping it is, and we're only considering people in the mobile homes because -- COMMISSIONER FIALA: Not in the what? MR. YOV ANOVICH: In the RVs because they weren't supposed to be there year-round anyway. They were never supposed Page 149 December 11-12,2007 to be year-round residents living in those structures, so that's why we said, the mobile homes -- and, again, people were saying that we were somehow kicking the workforce out. We didn't -- we didn't kick the workforce out, okay? We did allow people to have inexpensive access to Collier County, and we're trying to do above and beyond to assist those individuals, but we didn't kick the workforce out. CHAIRMAN COLETTA: Okay. Mr. -- go ahead. COMMISSIONER FIALA: I just want to make sure -- and I know we can't do it on this motion, but I think -- CHAIRMAN COLETTA: Doesn't hurt to question. COMMISSIONER FIALA: I think we ought to bring something back that says -- and we ought to do it rather quickly -- that something like this doesn't happen again to another mobile home park, that there's, you know, that we have something in effect. I know it's happening all over Florida and actually all over the country where people are being forced out, and I'm hoping we have something in place that will either fairly compensate people or something, but I realize that's not for today. But I'm asking the county manager to start some kind of dialogue so that we can put something in place, whether it be an ordinance or whatever, to protect future people from this happening. Okay. Okay. And I also wanted to discuss just a little bit the payment for easement. This was brought up not again -- not on this motion, but I think we ought to discuss that as well. Thank you. CHAIRMAN COLETTA: Okay. And in may, Mr. Y ovanovich, I appreciate what's being offered. I think it's a wonderful thing, you know, that we're doing something to try to offset what took place, even though there's no legal requirement to do it; however, with that said, there's a good possibility the number of people that were in some of those small little campers were probably the most destitute people of all. Maybe they didn't have another home to go to. I don't know that. I mean, they never moved the campers off the site. They Page 150 December 11-12, 2007 just stayed there. They didn't go back up north with them in the wintertime. So there's a lot of things we don't know. We can only assume and deal with what you offered up today. But I can assure you, if this is ever going to come back in the future with another one, from what I hear from Commissioner Fiala, we're going to be looking at this in a different perspective. And with that, we've got two more commissioners, then hopefully we're going to take a vote. Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: First of all, people out there -- there's other sites such as this particular site where people are renting property, they need to figure out what they want to do with their lives and they need to go out and buy some property, and then they have the property rights. What we have here underlying are the people that have rental units and they rent property. The person that owns that property has the right to do what he wants with it. So the concern here is not the people that are renting. It's that those people need to realize that in order to protect what they have, they need to go out and buy a particular property. There are trailer parks throughout Florida where you buy the land at that location. COMMISSIONER FIALA: We have them here. COMMISSIONER HALAS: And that protects you. CHAIRMAN COLETTA: It does, but if you're on social security and this is all you could afford and living hand-to-mouth from one payment to another. But once again, it's a different situation. COMMISSIONER FIALA: Let me just respond to that just a second. COMMISSIONER HALAS: Sure. COMMISSIONER FIALA: One of the things that this has taught some of the mobile home parks here -- I've actually had a few of them Page 151 December 11-12, 2007 contact me, and they went about proceeding to form a co-op and buying theirs. And so a number -- and another one -- COMMISSIONER HALAS: That's the way to do it, buy it. COMMISSIONER FIALA: -- contacted me about a week ago and said theirs has been approved as well. COMMISSIONER HALAS: Fantastic. COMMISSIONER FIALA: So it has been a good lesson. COMMISSIONER HALAS: Fantastic. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: No, I don't have anything more to say. If you'll call the question. CHAIRMAN COLETTA: May I? COMMISSIONER COYLE: Please. CHAIRMAN COLETTA: And with that, any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. What's the related item, Commissioner Henning? COMMISSIONER HENNING: Yes. Mr. Y ovanovich, you have something to say? CHAIRMAN COLETTA: If you don't, security's waiting for you out front of the door. MR. YOV ANOVICH: I'm hoping he'll take me away. COMMISSIONER HENNING: Can we go, too? Page 152 December 11-12,2007 MR. YOV ANOVICH: There were two things that I'm hoping, that the county will accept the donation we'd like to make, because you do have to accept the money if we offer it to you. We would like to make an offer to the county to donate to the county $1,000 per lot, I guess at CO -- which is easier for you all to monitor that we're fulfilling our request -- to your affordable housing trust fund that you will then use as you deem fit, and hopefully you'll attach what you've done for everybody else. If you do adopt an affordable housing fee in the future, you'll credit that donation against that. And then I don't know if you have to accept the second part of this, but we also want to offer, to administer through either my firm or another agency, a donation of -- for the 12 properties that we have listed as permanent residents that we didn't help relocate, a fee, a relocation fund of 5,000 per unit for a total of $60,000 that either I will administer through my trust fund or we'll find another agency if they're willing to help us out to provide those ministerial services. That's our proposed donation to the county, and hopefully you'll accept that donation. COMMISSIONER HENNING: Mr. Chairman, I make a motion that we accept Mr. Y ovanovich's offer. CHAIRMAN COLETTA: And I'll second that. Motion by Commissioner Henning, second by Commissioner Coletta to accept the offer, and we've got Commissioner Halas, comments? COMMISSIONER HALAS: Have we addressed the well issue? Was that taken care of? MR. YOV ANOVICH: That was part of the PUD approval. COMMISSIONER HALAS: Okay, great. Okay. CHAIRMAN COLETTA: Okay. And with that, any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, Page 153 December 11-12,2007 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: And the ayes have it, 5-0. Before we continue, we're going to take a break. Before we take the break, Mr. Mudd, I'd like for you to stay behind and poll the audience to see what items they're here for to make sure that we can try to -- if there's a number of people here for one item, we might be able to get it up next and move it forward. Okay? MR. MUDD: Yes, sir. (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: Mr. Mudd, what did you find out about polling the audience so we can try to move people forward so that they can get on with their lives? MR. MUDD: Commissioner, we -- outside of the normal advertised public hearings, we have -- we have the most people here to participate in 10H, and that's a recommendation to approve the Floodplain Management Plan for 2008. And your citizens committee is here en masse, and then there's an item on 12D. There's about three people here to talk about the Mr. Lockhart settlement, and then you have the normal amount of people that are here to talk about the advertised public hearings under 8, sir. CHAIRMAN COLETTA: Fine, let's go with 10H, then 12D, and then swing back to it so we can try to meet the needs of the people that Page 154 December 11-12,2007 are in the audience. Item #10H - Continued to later in the meeting RESOLUTION 2007-351: ACCEPTING THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2008 FOR INCLUSION AS SECTION 7 OF THE COLLIER COUNTY HAZARD MITIGATION PLAN - ADOPTED MR. MUDD: Okay. 10H is a recommendation to approve the Collier County Floodplain Management Plan 2008 for inclusion of section 7 of the Collier County Hazard Mitigation Plan. Mr. Robert Wiley, Principal Project Manager, Engineering and Environmental Services Department, Community Development's Environmental Services, is supposed to present, but you don't look like Robert Wiley, SIr. MR. DeRUNTZ: Robert is not in at the moment, and I've just got to take a minute to find his presentation. MR. MUDD: Okay, Commissioner, while he finds Mr. Wiley's presentation, can we go to 12D? CHAIRMAN COLETTA: We certainly can. Item #12D PAYMENT IN THE AMOUNT OF $2,907.50 IN EXCHANGE FOR A RELEASE AND SA TISF ACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V. ROBERT T. LOCKHART, CASE NO. CEB 2004-026 ~ DENIED MR. MUDD: Okay. 12D is -- there's several people that want to speak, and this is a recommendation that the Board of County Commissioners accepts payment in the amount of $2,907.50 in Page 155 December 11-12,2007 exchange for a release and satisfaction of lien in the code enforcement action entitled Collier County versus Robert T. Lockhart, case number CEB-2004-026. Mr. JeffKlatzkow, Deputy County Manager -- excuse me-- Deputy County Attorney, will present. MR. KLATZKOW: This is coming back pursuant to board direction. I met with Mr. Lockhart, negotiated what he would consider to be pretty much his final offer. He stated to me it would be 5 percent of what the outstanding was. I then prepared a satisfaction of lien just in case the board was amenable to that, and then brought it to the board. The check is in my desk. I haven't cashed it. It's pending approval of the board, and I'll take any questions or, better yet, Mr. Lockhart, I'm sure, would want to take any questions. CHAIRMAN COLETTA: Go to Commissioner Henning. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: I believe that -- CHAIRMAN COLETTA: Wait, I'm sorry. Slow down. Commissioner Henning made a motion to approve. COMMISSIONER FIALA: I want to hear the rest of it first. CHAIRMAN COLETTA: Well, he can make the motion again, if you don't feel comfortable with it. COMMISSIONER HENNING: I'll go ahead and remove my motion. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. Go ahead. Commissioner Halas? COMMISSIONER HALAS: I have some concerns that this was an ongoing case for better than two years, and I would believe that staff, keeping up with everything, probably spent or exceeded the cost of what Mr. Lockhart has proposed here, and I believe that some of the discussion that was brought up here at the board at the time was Page 156 December 11-12, 2007 that it was to have to be somewheres between 15 and 25 percent. And I feel that Mr. Lockhart has performed in such a manner that he's been very defiant. He belonged to the Code Enforcement Board. He understands the laws and regulations of Collier County. And I think -- personally I think it's an insult when somebody says, I'm going to only pay 5 percent of what he feels is due. So that's where I stand on this. CHAIRMAN COLETTA: Okay. I only got -- you're the only light that's on. Anyone else wish to speak on this? Why don't we -- we've got two speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: Go ahead. Why don't you go ahead and call the speakers. MS. FILSON: First speaker is Ida Eguia. She'll be followed by Valaree Maxwell. MS. EGUIA: Good afternoon. I'm not quite sure -- I thought I was here for something else, but let me explain as to why I'm here. I have -- there was a case similar to Mr. Lockhart's. His name was Guillermo Martinez. He was fined $32,000 for having a shed on his property without a permit. The shed that was on his property he bought it -- he bought the property with the shed already on it. He wasn't aware that it was built without a permit. He was imposed fines of $32,000, and with the lack of, I would say, communication between him and the language barriers -- he doesn't speaking very well English. It's -- you know, he can communicate but he doesn't have the comprehension. And then to top it off, when he came to court to -- for the case, he requested an interpreter, and the judge refused to give him an interpreter because she said she could understand exactly what he was saymg. But in return, he didn't understand or comprehend what she was saying, and he wasn't offered the interpreter. Page 157 December 11-12,2007 Now, I -- there's cases -- I know that people sometimes don't understand the code violations that -- that they're given, but then the county doesn't offer them the requirements in Spanish. I know it's not __ we're in the United States and you have to know the English language, but there are situations where people don't understand it. And I thought I was here to -- you know, to fight for Mr. Martinez's -- to at least get some of his money back. He had to get a second mortgage on his house to pay the $32,000 fine. He has a family of eight that he has to support. Right now, from what he tells me, he's at the verge of foreclosure because he can't afford to pay the two mortgages that he had to get to pay for that $32,000 fine. And my plea to the commissioners is that -- to see if he could at least get some of his money back. CHAIRMAN COLETTA: Okay. And I appreciate that. This is a related issue, but what we'll do is after the -- we decide this, then I'm sure the commission will discuss about that issue and the one with the lady in Copeland that came up before where unusual circumstances prevailed and the people, through the lack of representation -- one case the person speaks English, their native language. It's just they -- the lack of education, they were unable to communicate to the point where they could have prevented having such a fine placed against them. But let's go on to the other speaker, and we may call you back for questions. We thank you for being here today. MS. EGUIA: Thank you. MS. FILSON: The next speaker is Valaree Maxwell. MS. MAXWELL: Hi, good afternoon. I'm representing the code task force advocacy group that we put together in Collier County, and this is a citizen-to-citizen group that I've been working with Commissioner Coletta and other people within the community to help those who have had code situations, be it the fact that maybe they had a language barrier, maybe they had a -- an education barrier, maybe Page 158 December 11-12, 2007 they had learning disabilities, and these are, you know, the reasons we created this task force. Now, the reason I'm here today is, you know, there are people out there like the young lady who was here before that are coming up with fines that they have to pay and they literately do not have the means to do it. Now, there are some -- there are some laws in place, Florida laws, a lot of people do not know exist, and I've been working very closely with our county attorney with regard to this, and we feel that it is unfair in some respects for certain people to have the ability to get off lightly when you have a lot of people out there that don't even know that there are some things in place or that they could hopefully ask for a reduced fine. So one of the reasons that we are here is to work with the citizens of the community to help guide them, and also with the help of some of the people from the bar that have jumped in that are also part of our task force. And one of the reasons that Guillermo Martinez, the young lady was speaking about, Guillermo Martinez -- and there are other people, too, that had to come up with a mortgage -- and now I found out that he's probably facing foreclosure, and I feel really bad about that, I really do. You know, he was led to believe when he went before the judge, that had he not paid this money, they would foreclose on his property. That's what he was told. And a lien would be placed on his property. And everybody out there probably thinks the same thing, but unfortunately it's not true and that there is a state statute, Florida Statute, article 10, section 4, about homestead. And this is something that we wanted to bring forward because a lot of people in our community do not even know it exists, probably a great deal of people in Florida do not even know it exists. What it basically means is this: If that is your domicile and that Page 159 December 11-12, 2007 is your homestead and that's the only thing that you have, the only place that you live, then you can -- we cannot foreclose on their property, number one. Number two, we cannot put a lien on their property and -- but we can record it with the county, which is what happened with this gentleman over here. And what will happen as a result of that, when it comes time to get credit, well, the credit bureau's going to look and see, wow, you've got a $32,000 debt standing out there. All right. That's basically where we are in the situation today. We have a debt sitting out there, he's trying to reduce it. He obviously needs to borrow money. CHAIRMAN COLETTA: Thank you, Ms. Maxwell. Commissioner Henning? I'm sorry? You're light's on. COMMISSIONER HENNING: Yeah, it is. I don't want anybody to go under foreclosure, so I'm going to approve -- make a motion to approve the executive summary. CHAIRMAN COLETTA: I don't hear a second, and I'll tell you the reason why. I think that the commissioners, they may be somewhat sympathetic, I think that that's an umeasonably low number. And I'd like to hear somebody offer something different or make a different motion since we didn't get a second on yours, Commissioner Henning. MR. LOCKHART: If I may address the board. I don't have any more to offer. I'm in the middle of trying to get a loan. I've leveraged myself to the limit. If I had more money I could get from a credit card, I'd give it to you. If you want me to be the one going into bankruptcy next or having a foreclosure, so be it, whether it's the people that are in that predicament now or you want to send me there. I apologize for the situation. I've been trying to resolve it for over a year. And for what it's worth, all of the roof except for the additions I did on my house was blown off with Wilma, and it took me over six months to get a CO on that. Page 160 December 11-12,2007 I'm self-employed. I was out of work for six months, $12,000 worth of fines were racked up in that period. So while I can't offer more than 5 percent -- and that's every penny I have. These are my sunglasses. I can't afford a new pair. Due to Wilma, the $12,000, that kicks it up to 6.3 percent. Again, I have nothing else to offer. I apologize. CHAIRMAN COLETTA: Okay. Thank you for being here. Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: No, I don't have anything to say. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: How much would it cost you to acquire the proper permits? MR. LOCKHART: Sir, I've obtained all the proper permits. COMMISSIONER HALAS: I think that was what the issue was, you didn't have permits. MR. LOCKHART: Well, that was the issue from day one. COMMISSIONER HALAS: Yeah. MR. LOCKHART: And in January this year I attempted to obtain a permit by affidavit. COMMISSIONER HALAS: I'm talking about two years ago when you started the repair work on your home, that's when this issue started, so -- MR. LOCKHART: No, sir. COMMISSIONER HALAS: What was the -- MR. LOCKHART: No, sir. The work was done in 1988 and was completed in 1994. COMMISSIONER HALAS: Well, then how come it was -- they started in 2003? MR. LOCKHART: That's part of where I feel I'm picked upon as a code case. COMMISSIONER HALAS: Did you live there at that time in 1988? Page 161 December 11-12, 2007 MR. LOCKHART: Yes, sir, I did. COMMISSIONER HALAS: Well, then you didn't get a permit back in 1988 either. MR. LOCKHART: At that time there was no permit procedure for me to do the work as I was doing it. If you would call it a design/build. But at that time I was a registered engineer, and at that time the building director lived down the street as I was building it week by week, month by month, year by year. Again, the permit process doesn't allow that. If you don't have an inspection in six months, it's void. You can get a two-year extension once. It didn't allow for it. COMMISSIONER HALAS: Well, sir, I'm not here to argue with you. I'm just telling you that you were on the Code Enforcement Board, you understood what the ramifications were, you didn't try to work this out until it got to the point to where it is today, and then finally you decided to go out and buy permits, and I don't feel sorry for you, sir. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: I make a motion to approve the executive summary. COMMISSIONER FIALA: I'll second the motion because I noticed that we haven't mentioned at all that he also had -- he also paid __ what was it -- $1,200 more in operational costs to try, so that boosts it up -- boosts it up to about, what, $4,000, that he's paid, $4,172.25. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning, a second by Commissioner Fiala to approve the executive summary and also to recognize the fact that he had paid an additional, how much, Commissioner Fiala? COMMISSIONER FIALA: $1,209.75, totaling $4,172.25. CHAIRMAN COLETTA: Now, time for discussion. We have-- obviously we have a divide. We've got two commissioners on this side very strong for agreeing with this and two on the other side that Page 162 December 11-12, 2007 are very much opposed, and I'm kind of in the middle with the whole thing. Now, I have a unique situation out here with two different situations that we've heard in the past come before us. They were -- and Commissioner Henning was the one that first drew attention to it, and then later it was the lady in Copeland. And I think you heard about it around the edges. I'm going to go along with your motion regardless, but I hope that you will allow me to be able to bring this back for consideration. I think what's taking place here is much more of an injustice than what existed in this particular -- COMMISSIONER HENNING: Well, you have a right to put anything on the agenda, Commissioner. CHAIRMAN COLETTA: Well, I'm not going to needlessly drag the commissioners through a laborious situation. COMMISSIONER HENNING: I don't think you are. CHAIRMAN COLETTA: Okay. With that, let's see. We've got Commissioner Coyle first. COMMISSIONER COYLE: Mr. Chairman, all due respect, I think it's improper to have a vote on this particular item in an attempt to influence the vote on two other items that you have a personal interest in, and then say that you want to bring it back if you don't get the desired result. Quite frankly, I'm tired of hearing about this problem. We gave this person an opportunity to settle this before. I'm beginning to understand why it's taken so long for him to get this issue resolved. He has been very stubborn. He's been defiant. He knows what the rules are. He just doesn't want to follow the rules. And what you're doing is giving him the opportunity to continue his pattern of conduct. I think it's a very bad precedent to set. I don't want to hear this again. There's no reason for this to come back. CHAIRMAN COLETTA: I'm not talking about this one. I was Page 163 December 11-12, 2007 talking about similar cases out there that -- and I was querying the commission if they had enough interest for me to bring it back. That was the only thing. COMMISSIONER COYLE: I don't have any interest in you bringing this one back. I'm tired of this one. This is the second time I've listened to it, and I don't want it to come back. There's a procedure. I'd just as soon let the code enforcement people proceed with this and institute the entire fine, and let it go. We did our best. We made an offer to settle this, and there was no meeting anywhere near halfway on this. So I'm not at all sympathetic here. So I -- CHAIRMAN COLETTA: And I'm sitting here in the middle and I'm listening to both sides, and I wish to God that it wasn't such a low number, but then again, too, I can't see the justification for the full thing. But let's go to Commissioner Henning, then Commissioner Halas. COMMISSIONER HENNING: Well, I think there's a misunderstanding what the chairman said. There's some outstanding issues that he'd like to bring back; not this item, not this particular item. So just to clarify what the chairman said. And I understand it, and I support you bringing it back, or not bringing it back, because we're not bringing it back. It's a new issue that you want to -- it's an old issue coming back to the board that hasn't been fully vetted. CHAIRMAN COLETTA: And I'm going to comment a little bit out of character, but I need a little bit of help from everybody here. I'm still having a hard time accepting the low number that's coming down from this, I really am. But let's go to Commissioner Halas. COMMISSIONER HALAS: I have other concerns. We approve this today, then we're opening up Pandora's Box, then every issue that goes in front of the Code Enforcement Board is going to end up on Page 164 December 11-12, 2007 this dais. And either we have a Code Enforcement Board that we rely on or we don't. And I personally do not want to get involved on every aspect of code enforcement that comes before us. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: And I would just like to add, we just had two speakers who came up here and spoke about issues that are not even on the agenda today. CHAIRMAN COLETTA: You're right. COMMISSIONER COYLE: But what they -- what they told us was, hey, you approve a break for this guy who's on the code -- who has been on the Code Enforcement Board who has been a licensed engineer, who understands the procedures, you approve a big break for him and you don't approve a break for their clients or the people they represent who don't speak English, who didn't understand the process, we're going to be in for a lot of hearings on these kinds of things. It is going to open the door, and none of us are going to be satisfied with the result. CHAIRMAN COLETTA: And, you know, I'm having a problem with the fact that the man's been on the Code Enforcement Board. I can understand his monetary problems, but everyone that goes before the code enforcement process has monetary problems. COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: However, the situation that existed with these two prior cases they we're talking about today were so different. People that were at a tremendous disadvantage, and we've had examples one after the other where fines have been forgiven to the point of being ridiculous, but you have to know enough to ask. This gentleman, Mr. Lockhart that's before us today, knows the process probably better than anyone of us five commissioners. I mean, you don't sit on the Code Enforcement Board without knowing that. I just regret the fact that it would -- my vote would make him pay the whole thing, but I'm kind of feeling that in agree to a 5 percent Page 165 December 11-12, 2007 settlement, that I've really undermined the system. COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: And I feel very, very uncomfortable with this. I wished it would just go away, but it's not, and so a vote has to be called and we have to make a decision. Meanwhile, anyone else that wants to make a comment? Anything -- COMMISSIONER HENNING: No. Let's get our work done. CHAIRMAN COLETTA: Okay. You got it. And with that, all those in favor of Commissioner Henning's motion, say aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETT A: Well, that was pretty remarkable. Sorry, Mr. Lockhart. Motion was 4-1. We appreciate you being here today. MR. LOCKHART: No. Excuse me. When I was here as a public petitioner, I heard the numbers of 0 percent, 5 percent, 50 percent, maybe 25 percent. CHAIRMAN COLETTA: And that was for the staff to bring it back and then we'd study everything and we'd take everything under -- MR. LOCKHART: Okay. And I was told to negotiate it with the attorney -- CHAIRMAN COLETTA: Sir? MR. LOCKHART: -- and I'm still trying to get a number. CHAIRMAN COLETTA: The number now is 100 percent. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Thank you. Page 166 December 11-12, 2007 Item #10H - Continued from earlier in the meeting RESOLUTION 2007-351: ACCEPTING THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2008 FOR INCLUSION AS SECTION 7 OF THE COLLIER COUNTY HAZARD MITIGATION PLAN - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 10H, and that is a recommendation to approve the Collier County Floodplain Management Plan 2008 for inclusion as section 7 of the Collier County Hazardous Mitigation Plan. Mr. Robert Wiley, your Principal Project Manager, Engineering and Environmental Service's Department, Community Development's Environmental Services Division will present. MR. WILEY: Thank you, Commissioners. For the record, my name is Robert Wiley with the Engineering and Environmental Services Department, and we bring before you today the updated version of the Floodplain Management Plan for Collier County. This has been a long process that we've been going through, so if we can quickly go through our slides here. A Floodplain Management Plan, bottom line, we have to have one of these in our possession and in force as a part of the community rating system program, which is a part of the flood insurance program. Now, to avoid confusion, so we know we have three issues that tend to be confused. We have an ongoing theme of flood map study. That's a totally separate issue from this through Tomasello, and we also have the watershed management planning effort through the Growth Management Plan. Again, a totally separate issue. There is just a component of the National Flood Insurance Program where we have volunteered to be a participant in a community rating system. And the purpose is to identify flooding Page 167 December 11-12, 2007 potential and how to develop and live safely within that potential. And as a result of producing a Floodplain Management Plan, it helps us to achieve our goal to keep in a community rating system of getting lower flood insurance premiums. You, by resolution, appointed or authorized the appointment of a committee consisting of 23 different people. We have several of our public participant members, and if they would stand quickly, we'd like to at least introduce them so you can see, these are people who are very seriously involved in helping to produce this plan. And so we spent lots of hours, been over a year working on this effort here. We also have county staff members that are appointed to the committee, and then we have a representative from each of the three cities. One of the big purposes of this whole effort is to get lots of public input so we can address the issues of the public that are out there in a proactive way. We had 10 public meetings in the evenings. We had very good output in some areas, not good output in others, but it mainly was a result of the notifications that went out. But out of the people who showed up, a lot of the citizens did come up with great recommendations. We've gone through phase one, two, three and four to put this plan together. Weare now down to the last phase of it where we are to adopt the plan as part of the plan maintenance. We then evaluate it and revise it on an annual basis and bring that before you. So today what we're asking you to do as the Board of County Commissioners is to adopt this plan as the Collier County Floodplain Management Plan. This will replace the current plan that was put forth in 2004, and then with your adoption, you'll direct us to submit this to the Insurance Services Office that's the contract office that does the program for FEMA, or the National Flood Insurance Program. There's an action plan that goes with this, along with the goals, objectives, and policies within it. Every year we'll come back, advise Page 168 December 11-12,2007 you how well we've accomplished the tasks that we set forth to do in that annual progress report. And with that, I'm here to answer questions, discuss it with you, but we wanted to give a brief presentation to make sure you understood the process we've gone through. CHAIRMAN COLETTA: Thank you. Appreciate it. Commissioner Halas, and we've got one speaker you say? Okay. COMMISSIONER HALAS: First of all, how many hours was put in this by the citizens group? Do you have any idea how many hours they put into this effort? MR. WILEY: I could not address as far as each individual person, the cumulative hours. But we had our 10 evening meetings, we've been having monthly, sometimes biweekly meetings which last from one to two, two-and-a-halfhours in length. We're probably looking in the neighborhood of 4- to 500 citizen hours combined here. COMMISSIONER HALAS: I want to commend those people that dedicated their time to going through this study, and it really means an awful lot, I think, to each and every one of us up here on the board, that citizens step forward and donate their time for this. And at that I'd like to make a motion for approval of this study. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Is that with Planning Commission recommendations? COMMISSIONER HALAS: Yes, that's with the Planning Commission recommendations, yes. COMMISSIONER FIALA: And the Conservation Collier. COMMISSIONER HALAS: And Conservation Collier, those two, yes. CHAIRMAN COLETTA: Okay. And with that, we have a motion by Commissioner Halas and second by Commissioner Fiala. MS. FILSON: And I have a speaker, sir. CHAIRMAN COLETTA: Yes. Please call the speaker. Page 169 December 11-12, 2007 MS. FILSON: Phillip Brougham. MR. BROUGHAM: Good afternoon, Chairman Coletta, Commissioners. My name is Phil Brougham, and I've been a member of the committee here for -- since its inception. And I want to commend, first of all, Robert and Ray Smith and Mike DeRuntz for their tremendous effort. We, as citizens, sit there and observe and advise and critique and criticize, quite frankly, but your professionals are the ones that do most of the work. We do a lot of review and suggestions. I do want to comment on one thing, however. The purpose in what's before you is to approve and adopt the plan. I just want to emphasize from my own personal point of view that this plan should be an ongoing living document. One of the key improvements that I saw this -- in this plan over the former plan, was, an improvement in accountability and improvement in the action plan, because if you have a plan that doesn't assign responsibility, it doesn't assign deadlines, then you're not going to have any results. And I think the proof of the pudding is that we'll continue to work this, we'll continue to monitor progress against the action plans. And I hope that you're going to see the ramifications of the action plan come back in various forms, whether it's LDC amendments or whatever. With that, that's all I have to say. Thank you very much. COMMISSIONER HALAS: Thank you very much. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Oh, I'm going to skip it. CHAIRMAN COLETTA: Okay. And that was it for public speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: With that, no other comments? (No response.) Page 170 December 11-12,2007 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: Passed 5-0. Congratulations. MR. WILEY: And we thank Mr. Mudd for his continued support in this, too. It's been a big help. CHAIRMAN COLETTA: Thank you, sir. COMMISSIONER HENNING: What's next? Item #8C ORDINANCE 2007-86: CPSS-2007-1: A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE GROWTH MANAGEMENT PLAN, TO SHOW AN INCREASE IN ACREAGE OF 9.95 ACRES FOR ACTIVITY CENTER NUMBER 13. THE SUBJECT PROPERTIES, CONTAINING 9.95 ACRES, IS LOCATED AT THE SOUTHWEST CORNER OF AIRPORT PULLING ROAD AND J & C BOULEVARD, IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - ADOPTED MR. MUDD: Commissioner, that brings us back to 8C. 8C is CPSS-2007-1. It's a petition requesting a small-scale amendment to the future land use map series of the Growth Management Plan to show an increase in acreage of9.95 acres of the activity center number 13. Page 171 December 11-12, 2007 The subject properties contain 9.95 acres that's located at the southwest corner of Airport-Pulling Road and J&C Boulevard in Section 11, Township 49 south, Range 25 east, Collier County, Florida. CHAIRMAN COLETTA: Okay. This one requires to be sworn in or no? MS. FILSON: No. CHAIRMAN COLETTA: No, okay. MR. MUDD: Carolina, are you going to start this? MS. VALERA: Carolina Valera, Principal Planner with Comprehensive Planing. No, this item doesn't need to be sworn in. CHAIRMAN COLETTA: Fine. Commissioner Halas? COMMISSIONER HALAS: Staff, if you would -- I got a question to ask. As I read through the document, the end result was that staff said that this should be denied. Can you explain in detail why this should be denied? MS. VALERA: As I explained in my executive summary, there are several reasons why staff has that position. One of the -- the main reason is the deletion of industrial inventory from Collier County. And typically in a Growth Management Plan amendment, we ask that the applicant brings evidence that there are no other commercial areas where they could go instead of having to take away industrial inventory from the county. The data and analysis that they provided us doesn't justify the change, so that is why -- meaning that they have in their -- in their analysis they have reasons such as, that other areas of the county where they could develop this -- this project are either too costly or there are other justifications such as that the Mazda corporation has already decided that this is a good location. Well, we don't go by corporate preference or by value of land. We go by, is it justified that we take away industrial inventory from the county, and that's what the applicant didn't address in his data and Page 172 December 11-12,2007 analysis. I wish they would have, but they didn't. That's the main reason that -- why staff is recommending not to transmit to DCA. COMMISSIONER HALAS: But there is a car dealer that's there presently -- MS. VALERA: That's correct. COMMISSIONER HALAS: -- and the same owner owns this particular land. He's owned it for some time, hasn't he? MS. VALERA: The Mazda -- the four lots to the north, I believe, are -- he recently acquired. What he has owned for a long time is where the Dodge dealership is, and that land is allowed to have C-4, is allowed to have the dealership. COMMISSIONER HALAS: Okay. So what we're really talking about is just a small sliver that may not be in compliance with our Growth Management Plan; is that correct? MS. VALERA: Not really. In order for them to make a change to the land, in order to incorporate these lots for the Mazda dealership right next to them, they'll have to incorporate not only those lots, but also the portion of Dodge. So you're talking about not less than two acres, which is the little portion for Mazda. You're talking about almost 10 acres of square -- of area that will be taken away from the industrial inventory. COMMISSIONER HALAS: So you're telling me that he built the dealership there without having this rezoned as a dealership? MS. VALERA: No, Commissioner. When we changed our land use map years ago, that dealership was already there so they were exempted at that time, and so that's why they can have the use right now. If they cease -- were to cease to exist, someone else could go there and develop industrial. Now, if the amendment is passed, then if someone wanted to develop industrial, they will have to go through another GMP amendment in order to develop industrial use. Page 173 December 11-12,2007 COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Hi. MS. VALERA: Commissioner. COMMISSIONER HENNING: So you're saying they can -- with the present zoning they can have a junkyard there but they just can't sell new cars? What's across the street from -- what's on the south side of this property? MS. VALERA: We're not talking -- and you're right. There's-- it's not a compatibility issue. I mean, it's more of how much industrial area we have in the county, and that's why staff has taken that position. COMMISSIONER HENNING: Okay. So it's a soft denial. My concern is that right across the street you have residential zoning -- MS. VALERA: That's right. COMMISSIONER HENNING: -- on it, and you can have an asphalt batching plant on that site, you can have a cement factory there, you can have a junkyard that smashes cars right in the arterial roadway, and I -- from what I know about zoning, like the airport industrial zoning area, you have a step of commercial in the front and it steps into the higher uses in the back, so not only the motoring public doesn't have to deal with those heavy, heavy uses, it's more fit to the character of the community, the community character plan. MS. VALERA: And you're absolutely right. It's not a compatibility issue. COMMISSIONER HENNING: Right. MS. VALERA: It's -- even though there's -- you know, you have an arterial road, which makes -- COMMISSIONER HENNING: What's there now is not compatible in my opinion, but, you know, if -- I think personally this is a better use, what they're asking for. You're going to have several complaints by the motoring public and people across the street. Page 174 December 11-12, 2007 I always thought personally this was a commercial zoned area because right next to it is a gas station, and there's an office on the other side of that, you know, then you have the Dodge dealership, and then you have Lowe's, so on and so forth. MS. VALERA: Correct. And you're correct commissioner. And you'll see when -- if the rezone petition comes in, the staff is recommending approval because -- COMMISSIONER HENNING: Right. MS. VALERA: -- there are no compatibility issues with the petition. COMMISSIONER HENNING: Right. So let's hope we have that opportunity then. MS. VALERA: Just for the record, I wanted to say that the Planning Commission did recommend the board to transmit to DCA. COMMISSIONER HENNING: I'll make a motion to transmit to -- is it a -- do we have to transmit this to DCA? MS. VALERA: It will be adopted -- let me explain. When you recommend this to go -- to be adopted, there will be a 30-day period in which anybody can challenge your decision, but that's it. Once that period finishes, then it will be adopted. COMMISSIONER HENNING: I'm going to make a motion to accept Planning Commission's recommendations. COMMISSIONER HALAS: Second that. CHAIRMAN COLETTA: Okay. Motion by Commissioner Henning, second by Commissioner Halas. Commissioner Halas? COMMISSIONER HALAS: I was going to make the motion. CHAIRMAN COLETTA: Okay, fine. Any other comments? We have no speakers on this, do we? MS. FILSON: No, sir. CHAIRMAN COLETTA: Commissioner Coyle, go ahead. COMMISSIONER COYLE: What interconnects exist between Page 175 December 11-12,2007 Naples Boulevard and J&C? MS. VALERA: Nick is putting on his jacket. MR. CASALANGUIDA: For the record, Nick Casalanguida with Transportation. Mr. Hancock is going to be kind enough to put an exhibit on there. Mr. Myers, the owner of Naples Dodge, is working with staff and the abutting owner to provide an easement so that to the rear of Pioneer Lakes they can go down to Corporation Boulevard that ties into Leanne, which ties into J&C. Tim can kind of illustrate that. COMMISSIONER COYLE: So can you show me how that -- how there's a link between Naples Boulevard and J&C? MR. CASALANGUIDA: Sure. Through the rear of the Pioneer Lakes property -- Tim, if you want to follow along with your pen. COMMISSIONER COYLE: Okay. That doesn't get me quite to J&C. MR. CASALANGUIDA: We'll get there. COMMISSIONER COYLE: All right. MR. CASALANGUIDA: If you go back to the rear of the property now -- go ahead north, Tim -- and then go west to the edge of that blue, from there there's going to be an easement for a couple 100 feet that goes up to Corporation Boulevard that goes due west, which ties into Leanne, which goes north/south, which connects into J&C. So it's all public roads that we'd be able to get through the industrial park back into Pioneer Lakes. COMMISSIONER COYLE: Is there one further to the west? MR. CASALANGUIDA: From Mr. Myers' property? COMMISSIONER COYLE: Yeah, or even further south than that. MR. CASALANGUIDA: No, sir. All the other property owners on J&C do not -- have not -- are not part of the interconnection. So that is the connection that we were showing along, even with the Pioneer Lakes when it came through, it's the same connection you see Page 176 December 11-12, 2007 there. COMMISSIONER COYLE: Okay. I have a question about your conclusion that the traffic impact study does not take into consideration the potential maximum future traffic to be generated from this particular site as well as any future use of this site but that you're willing to accept it because you can adopt -- you can adapt with road improvements. MR. CASALANGUIDA: That's not necessarily correct. We kind of cleared that up at the Planning Commission. Because of the underlying zoning that Mr. Myers has, he is entitled to some C-3 in the abutting property as well, too. He did produce a statement that -- when I explained it to Carolina, was pretty high intensity even for what he's proposing right now. He's about 3 percent, 4 percent of the eastbound traffic coming out of J&C that would come out, even with the new zoning that he's moving forward with right now. But the fix that he's providing, which is the design of an additional turn lane and the donation of additional right-of-way to make that turn lane function, he's doing that at 100 percent with no impact fee credits. So he's a significant part of the fix and a very minor part of the impact. COMMISSIONER COYLE: Okay. That's not what the findings and conclusions indicate in our executive summary, but -- so it's been improved since that, huh? MR. CASALANGUIDA: We clarified that at the Planning Commission. COMMISSIONER COYLE: All right. Okay, thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Nick, I was stuck on this same thing. I thought I remembered when we talked about the Pine Air Lakes PUD that they were going to connect right up. I know that they showed us an access out of the back end of it so that things would be Page 177 December 11-12, 2007 __ would flow more smoothly, and I thought they were connecting right to J&C Boulevard. MR. CASALANGUIDA: No, ma'am. The Pine Air Lakes connection was exactly the way it's shown now on Corporation Boulevard. At the time the Pine Air Lakes came forward -- and I provided a document to Commissioner Halas with regard to reviewing the Pine Air Lakes recently. They are moving forward and they've been in negotiations with the Myers to get that easement back and forth. They've done so, and I've said -- stipulated to Tim that before we move on to this zoning, we'd like to provide that document for your review as well, too. So we'll have that. And they are working together on that. I'm making sure of that. CHAIRMAN COLETTA: Okay. 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, 5-0. Item #8E A COMPLIANCE AGREEMENT BETWEEN THE DEP ARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, INCLUDING PETITIONERS-IN-INTERVENTION, SETTING FORTH PROPOSED REMEDIAL AMENDMENTS TO Page 178 December 11-12, 2007 THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED - APPROVED MR. MUDD: Commissioner, that brings to us to 8E, and that is a recommendation to approve a compliance agreement between Department of Community Affairs and Collier County, including petitioners in interventions setting forth proposed remedial amendments to the Capital Improvement Element of the Growth Management Plan, ordinance 89-05 as amended, and Corby Schmidt, I believe, is going to present. MR. SCHMIDT: Good afternoon, Commissioners. This is a request and a recommendation to approve the compliance agreement for the capital improvements element of the Growth Management Plan. I can summarize through the executive summary if you'd like; otherwise, I could simply answer your questions if you have some. CHAIRMAN COLETTA: Is there questions on the part of the commissioners? Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'd like to get Norm or Nick up here to talk with me about the potential impacts on our concurrency management system of this compliance agreement. MR. CASALANGUIDA: Yes, sir. They haven't asked us to adjust the schedules in terms of when the projects came forward. They required to us to provide additional financial information and backup as part of the settlement agreement. I think Randy can address that as well, too. But none of the CIE fundamentals have changed in what we adopted as part of the AUIR or the programs going forward. So at this point in time, nothing the DCA's asked us to do would conflict with any of the concurrency precedents that you've set forth in prior board meetings. We're still okay right now, and I can't speak what happens down the road, but this compliance agreement does not affect that. Page 179 December 11-12, 2007 COMMISSIONER COYLE: Okay. Good. Thank you. MR. CASALANGUIDA: Welcome. COMMISSIONER COYLE: Then I recommend approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion by Commissioner Halas -- Coyle, excuse me, for approval, and second by Commissioner Henning. Commissioner Halas? COMMISSIONER HALAS: This is a five-year CIE plan, and basically the state wants us to make sure that we have feasibility of meeting this for three years at least. My concern is, how can we be assured that we're going to make -- have this as a feasible plan if some of the -- we have some changes in regards to the upcoming ballot amendment, and also, if there's some additional legislation that takes place in regards to impact fees? MR. COHEN: Commissioner, for the record, Randy Cohen, Director of Comprehensive Planning. If you recall as a commission, when we went to our concurrency management system for all regulated items by the Department of Community Affairs, you insisted that we be financially feasible and not bring items into the CIE until they were either under contract or being built. So you see items in years one and two. When we were before you in this year's AUIR, you might recall that I made a recommendation that we don't move forward with the CIE like we normally do in March until after the ballot in January, as well as the legislative session ending in May, as Commissioner Henning pointed out. The rationale for that is that we don't know where that revenue stream is going to be, and the AUIR was a snapshot at a point in time, and that snapshot, as we all know, could change. The other thing that's transpiring is that our population as we know it today in terms of the BEBR rates for median population are Page 180 December 11-12,2007 probably going to go down, so our growth is slowing. So we've got some factors that we're going to have to consider in addition before we transmit the next CIE. The plain concern is, is that we want to be financially feasible and we do not want to put this commission or this county in a place where we add projects that aren't needed before it's time. I remember probably three years ago we sat in a meeting downstairs with the county manager in a big group and he said, we're going to start this and we're going to start it now and be financially feasible as a group even before it's required because we need to get ahead of the learning curve. This is going to be the first CIE for a county that's been found financially feasible in the State of Florida. The only -- the only entities, from what I understand in terms of being found financially feasible, are very small cities. So we've taken the initiative via the county manager's directive and worked through numerous staff members, and may see that collaborative effort up there. That's going through your OMB, every budget office pretty much involved in all the capital facilities with respect to the CIE to ensure that you've got a financially feasible CIE but also making sure that when these things come onboard, potentially that might cut our revenue streams, we're going to know how to address them, so that's where we sit. COMMISSIONER HALAS: Okay. That gives me a level of comfort. Thank you. MR. COHEN: Thank you, sir. CHAIRMAN COLETTA: Okay. Still waiting for a motion on this. COMMISSIONER HENNING: We have one. MR. MUDD: We have a motion and a second. CHAIRMAN COLETTA: We have, forgive me. Any other comments? (No response.) Page 181 December 11-12,2007 CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #8F RESOLUTION 2007-352: PETITION PUDEX-2007-AR-11485 (NG) BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., IS REQUESTING A TWO-YEAR EXTENSION FOR THE ORANGE BLOSSOM RANCH PUD FROM NOVEMBER 16, 2007 TO NOVEMBER 16, 2009 IN ACCORDANCE WITH LDC SECTION 10.02.13.D.5(A). THE SUBJECT PROPERTY CONSISTS OF 616+/- ACRES AND IS LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD (CR-858) APPROXIMATELY 1 MILE EAST OF IMMOKALEE ROAD (CR-846) IN SECTIONS 13, 14 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA - ADOPTED Item #101 A DEVELOPERS CONTRIBUTION AGREEMENT (DCA) BETWEEN PUL TE HOME CORPORATION AND THE BRYAN Page 182 December 11-12, 2007 W. PAUL FAMILY LIMITED PARTNERSHIP (THE DEVELOPERS) AND COLLIER COUNTY TO GRANT A PERMANENT NON-EXCLUSIVE DRAINAGE EASEMENT AND PROVIDE WATER QUALITY TREATMENT AND ATTENUATION FOR STORMWATER RUN OFF FOR THE FUTURE EXPANSION OF OIL WELL ROAD. (COMPANION TO ITEM #8F) - APPROVED MR. MUDD: Commissioner, that brings us to 8F. This item requires that all participants be sworn and ex parte disclosure be provided by commission members. It's PUD-EX-2007-AR-11485, Bryan W. Paul Family Limited Partnership represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., is requesting a two-year extension for the Orange Blossom Ranch PUD from November 16,2007, to November 16,2009, in accordance with LDC section 10.02.13.D.5(a). The subject property consists of 616 plus or minus acres and is located on the north and south sides of Oil Well Road, County Road 858, approximately one mile east ofImmokalee Road, County Road 846, in Section 13, 14, and 24, Township 48 south, Range 27 east, and Section 19, Township 49 south, Range 28 east, Collier County, Florida. This is a companion item to item number 101. CHAIRMAN COLETTA: Mr. Mudd, are we supposed to hear this first, or 101 first? MR. MUDD: We can -- we can also -- we can also -- I think you need to do them both around the same time, sir, and you can hear -- you can hear them both. This particular item under 8F was on the summary agenda, but because you have a DCA that's basically associated with this development, I thought it would be better if we heard them all on the regular agenda so that there's no conflict in that particular issue. CHAIRMAN COLETTA: Okay. Page 183 December 11-12,2007 MR. MUDD: And 101, for the board's convenience, is a recommendation to approve a developer's contribution agreement, DCA, between Pulte Homes, Incorporated, and the Bryan W. Paul Family Limited Partnership, the developers, in Collier County to grant a permanent nonexclusive drainage easement and provide water quality treatment and attenuation for stormwater runoff for the future expansion of Oil Well Road. And, again, companion item to 8F. And Mr. Arnold will present, but I also have Nick Casalanguida as a companion presenter. CHAIRMAN COLETTA: Don't we have to swear everybody in? I believe so. Yeah. Anyone wishing to participate in this agenda item, please stand at this time to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. Now ex parte disclosure on the part of the commissioners. Let's start with Commissioner Henning. COMMISSIONER HENNING: I spoke to Bruce Anderson on this. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I spoke to staff and I spoke to Bruce Anderson. COMMISSIONER HENNING: Oh, I spoke to Jim DeLony. COMMISSIONER FIALA: Oh, no, I'm sorry. Not Bruce Anderson. It looks like Bruce Anderson but he's shorter. COMMISSIONER COYLE: Oh, that's Rich Y ovanovich then. COMMISSIONER FIALA: Oh, yeah, Rich Y ovanovich. CHAIRMAN COLETTA: You want to take a bow? COMMISSIONER COYLE: Which one are we on? COMMISSIONER FIALA: Sorry about that. CHAIRMAN COLETTA: Okay. And I, myself, spoke to staff and Mr. Y ovanovich. And Commissioner Halas? December 11-12, 2007 COMMISSIONER HALAS: I spoke with staff on this. I spoke with Jim DeLony. I had no contact with the petitioner on this particular item. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I met with the short person and Wayne Arnold. I met with Rich Y ovanovich and Wayne Arnold. I have received correspondence, and I have reviewed the staff report that was sent to the Planning Commission, and I've received emails, and that's it. CHAIRMAN COLETTA: Okay. Thank you. MR. CASALANGUIDA: For the record, Nick Casalanguida with Transportation. I love the fact that you recognize Rich's height because that's an ongoing joke right now. We have a couple dynamics going on with the DCA, and we should be up front with what's happening. We have a prior developer contribution agreement to provide construction for Oil Well Road. We also have the PUD extension that, with policy 5.1, will not be consistent if we can't build Oil Well Road in that five-year production period as well, too. In the process of going through the design of Oil Well Road, we ran into one major stumbling block on the west side of the project, and that was water management. The Pulte/Paul project was already providing for some water management, and we had looked towards Waterways to the west and Orange Blossom -- Orangetree (sic) PUD to the south and could not make that work. We looked -- came back to Orange Blossom Ranch and we were able to find a way to make water management work for the project, also provide consistency or protection for the 93-acre fishing lake as well, too, do a little pretreatment in the ditch and provide for the first inch of stormwater in the system. The DCA further goes on and clarifies some of the payments and who's responsible for turn lanes, sidewalk payments, and things like Page 185 December 11-12, 2007 that that we were discussing as well, too. They have worked well with us, and although we value the property straight at $2.2 million in construction for a pond, it would be significantly higher if the county had to go someplace else to find water management. So the benefit to the county is quite large with this agreement. With that, I'd like to put on the viewer just a minor changes to paragraph 4, which is for the purpose of providing additional protection to the fishing lake. Instead of doing a drainage pipe, we want to do pretreatment. There's to be an open drainage ditch, and we wanted that opportunity to do that. So on paragraph 4 -- and I'll put it on the viewer, if I could. It's highlighted in yellow, and it just adds the opportunity, instead of saying drainage pipe, it says drainage ditch, and it refers to the exhibit. MR. MUDD: I asked -- I asked Mr. Casalanguida when this came forward when I read it, I asked him, I said, okay, what happens if we get a spill out on the road? Is this just going to go straight into that 97-acre lake that I got a county park on? And I can imagine an oil slick. There's got to be a place where we can contain it if it does happen, and I'm not saying it would ever happen. But I said, just in case, we've got to have some means to do it, and this open ditch would be about a quarter of a mile; is that right? MR. CASALANGUIDA: About a quarter of a mile, sir, that's correct. MR. MUDD: So that's kind of why it's there, and it's in answer to the question that I had. MR. CASALANGUIDA: And then we clarify in the backup paragraph 4 just to show -- show on Exhibit 4A, too, on Exhibit A, and I'll put that on the viewer for the record. Hard to see, but highlighted in yellow. It references the exhibit as well, too. Those are the only changes to the agreement at this time. So with that, I'll entertain any questions you may have. CHAIRMAN COLETTA: Yes. We do have questions. Page 186 December 11-12, 2007 MR. CASALANGUIDA: Okay. CHAIRMAN COLETTA: Let's start with Commissioner Coyle and go to Commissioner Fiala. COMMISSIONER COYLE: Is there an issue of alternate access to the water treatment facility? MR. CASALANGUIDA: This was discussed with the developer, and it would probably be a good idea to have administrator Jim DeLony discuss that item. MS. ABBOTT: Good afternoon. I'm Alicia Abbott with Public Utilities Engineering, and I just wanted to -- we wanted to bring to your attention that we had requested of the developer that they provide us some type of access because the fire district in that area, they require that we have two access points to this site. Currently we access -- here is Immokalee Road, here's the fairgrounds. We're going to access through this roadway onto the site. As you notice, this is a 216-acre site, and on the east side we have the Northeast Regional Water Treatment Plant and, therefore, they said, in particular, they would like us to get as far east as we could. So we had requested a site here. Now, we started looking at other options, and we could have a north access and also an east access. And I'll go to the next slide where we did an evaluation. And right now, the Orange Blossom Ranch -- I'll go to that one first -- is a proposed development. Currently that's not been developed yet, that section that they're in for, and we actually proposed, it didn't have to be in this phase, which is, I think, their second phase, but it could also be in their third phase, just so long as it was in that area we had highlighted on the previous drawing. The other choices would be east, which is actually across the Golden Gate Canal. Sorry about that. And as you notice on that, coming across the Golden Gate Canal, you know, we do have some existing residential there. And the other one is the north access, which Page 187 December 11-12, 2007 is coming from the north, which was also shown on that drawing which is the existing residential -- is also an existing residential area. So we thought this would be a good site because it is a proposed development, and there's no one there right now in that particular area. F or the aesthetics we looked at that. The -- the most impact probably would be across the Golden Gate Canal because we require a large bridge there. In the other two areas we thought that -- possibly we're crossing canals in all cases, but it would be more minor because we could possibly put box culverts in that area. So constructibility, going across the Golden Gate Canal would be the most difficult. The other two sites would be less difficult. Right now real estate, we have the right-of-way in place coming from the north. We would require easements to go across the Golden Gate Canal, and we'd also require, of course, the easement from the Orange Blossom Ranch, and we also provided you with some costs that you can compare, you know, what the cost is on this. So these were the options, you know. And I think we were looking for some board direction as to, you know, do we impact an existing residential area, or do we go towards an area that's not yet developed? CHAIRMAN COLETTA: Okay. Now, as a follow-up question what I need are two aerial photographs, one is one which depicts the ultimate development of the Orange Blossom Ranch. Okay. Can we see that one first. MS. ABBOTT: You want to see the development? COMMISSIONER COYLE: Yes. I'd like to see the development plan, and I'd like to try to explain to the other commissioners why I've brought this up. Now, in the past we have instructed the staff to try to deal with these accesses in areas that have not yet been developed to minimize disruption. But look at the development that's going to occur in Orange Blossom Ranch. Page 188 December 11-12,2007 The access that we're looking for is in the upper right-hand corner of that development. Look at the street configuration here and you'll see that you -- in order to get to our facility, which is at the very top, you'd have to enter at the bottom off Oil Well Road. If you'll follow that road -- that access road. No, down at the bottom, right there -- that you'll enter at Oil Well Road, and then you'll go north on that street, and then you'll wind through residential areas passing potentially hundreds of homes to get to an access in our Northeast Regional Water Plant. Now, let's take a look at the area above this, north of this, please. MR. MUDD: Go back to your overhead on this. There you go. COMMISSIONER COYLE: Now, you'll see the north access there, you wouldn't -- you wouldn't come by as many homes and properties. You already have the easements in place. You wouldn't have to buy anything, but you would have to put a bridge across that canal, but it would be about the same cost as the south access. So the question that I'm posing today is, should we try to do anything with this extension of this PUD to make it easier for us to get the necessary access, or does the board feel that it's appropriate to go after the north access, which will be relatively easy, and disturb a smaller number of residents? But it's only to be used in an emergency situation. Ifthere is a fire there or some other kind of emergency, the gate would be locked. It would only be accessible by the fire departments, so it's not like we're going to be running traffic through there. But somebody will see a fire truck one day driving down that street and going into our facility. CHAIRMAN COLETTA: Yeah. And ifI may, I'll tell you, there's a tremendous advantage to using the north access. One, the cost is the same. The impact is minor, but there's one thing no one's taken into consideration here. This gives a lot of people that live in that particular area another way out in case of a fire. Page 189 December 11-12,2007 COMMISSIONER COYLE: It does. CHAIRMAN COLETTA: They could also -- they can open that access up and there's another way to get out. So in support anything, it would be the north access. COMMISSIONER COYLE: That was my inclination, too. That's why I wanted to bring this up today, okay. Now, I don't know that -- it doesn't have to be part of this PUD-- PUD hearing because it clearly doesn't affect the extension, but it was important that we have this discussion so that when Mr. DeLony comes back to ask for guidance and/or permission to pursue an access, you'll know what he's talking about. MR. DeLONY: For the record, Jim DeLony, Public Utilities Administrator. Actually, we're at the stage where we'll be submitting the Site Development Plan to the planning officer, planning director here, within the next year or so, and this will give me the guidance or intent of the board with regard to that, and so this clears up that matter for me. If this so -- you know, if this is the direction you give me. CHAIRMAN COLETTA: Fine. That's how I feel is that the northern access has a -- it has a great benefit for the people that live out in that area. MR. DeLONY: Mr. Mudd, with due diligence, I don't need to attach this to anything that's going on with this item, but I would make sure that we've got the appropriate, as Mr. Mudd always says, appropriate nods, and we'll move forward. COMMISSIONER COYLE: We've got two so far. COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Well, let's-- MR. DeLONY: I think I've got four. I've got five. Thank you. Thank you, Commissioners. MR. MUDD: Commissioner, one of the things -- we just needed to bring this up, because if all of a sudden we didn't bring it up and you really wanted to go south and we lost the opportunity, it wouldn't Page 190 December I 1-12, 2007 be right either. CHAIRMAN COLETTA: Right. MR. MUDD: So it's better to be safe than sorry in this particular issue, make sure we've got board guidance so that you know that we didn't lose an opportunity. CHAIRMAN COLETTA: The benefits are too great to the north to lose it. Okay. Let's go to Commissioner Halas, Commissioner Fiala, then I have some questions. COMMISSIONER HALAS: Yeah. At first I was in favor of this until Commissioner Coyle brought up what the proposed development was going to be, and I didn't realize that we were going through a residential area to get that access. I assumed -- whoop. If you go back, and I guess I didn't ask the right question. I assumed that the road was going to be to the east, and I see that's a canal, so -- CHAIRMAN COLETTA: A boat. COMMISSIONER HENNING: Yeah. And then obviously on the other side of the canal east of that, that's already being developed, I believe. Okay, thank you very much, Commissioner Coyle, for bringing that forward. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was wondering, in your discussions with these people -- and I realize this isn't on the table right now -- but is there any room in this PUD for affordable housing? I had brought it up when we first discussed it a couple years back, and especially now with the roads going through and everything. And we have three schools right on that street. I was just wondering if they had been discussing that at all. MR. CASALANGUIDA: It's my understanding as a PUD extension, this is a go or no-go review and it's not an amendment where we can discuss different options. The DCA was a companion Page 191 December 11-12,2007 item because we wanted to have consistency with policy 5.1, and we also wanted to move Oil Well Road along, too. So it was not an item because it was an extension. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: That's all right. I'm ready to vote on the motion. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: So we have a motion to approve by Commissioner Coyle and a second by Commissioner Henning. I know we're not done yet. We've got recommendations __ MR. MUDD: I just want to know what item we've got the motion on, that's all. You had two of them in front of you. COMMISSIONER HENNING: That's the sunset. MR. MUDD: You've got the DCA, and this is 10 __ COMMISSIONER COYLE: 1. MR. MUDD: 101. MR. CASALANGUIDA: With the changes, Commissioner, that I've just recommended referencing the ditches? CHAIRMAN COLETTA: If I -- COMMISSIONER HALAS: Yeah. COMMISSIONER HENNING: I'm going to remove my __ COMMISSIONER FIALA: First we're doing the extension? CHAIRMAN COLETTA: One at a time here, I'm sorry. Let's-- go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, I was trying to clarify my second is to approve 8F as -- CHAIRMAN COLETTA: Okay. So 8F is what your motion is on? COMMISSIONER HENNING: Correct. CHAIRMAN COLETTA: Okay. And do we have a second for Page 192 "----...------.--. December 11-12,2007 8F only? COMMISSIONER COYLE: Second. MS. FILSON: You made the motion. CHAIRMAN COLETTA: So it's Commissioner Henning, the motion, and Commissioner Coyle with the second. Now I have some questions in may. Whereabouts are we with the turnover of the fishing lake to the county parks and rec.? MR. CASALANGUIDA: I think that's part of the process, and that's happening right now. I think modification to the drainage system caused a little of a delay because you can't modify property you don't own. So they're in the process of modifying the water management permit, and I think upon conveyance and modification of that permit, we will get the lake, if that's correct. CHAIRMAN COLETTA: Well, I'd like to hear from the petitioner, if we could. I'll tell you where we are. We have a resource back there that we're having a hard time getting access to. It's a resource that the -- many people in this county would greatly enjoy to be able to travel down a limerock road to be able to get there and fish the shores of this lake. Where are we? Can you tell me as far as how the owner of the property is as far as deeding this over to the county? MR. ARNOLD: For the record, I'm Wayne Arnold. And I believe that as Mr. Casalanguida indicated, it is in process, and there were some difficulties with the water management district permit related to the Oil Well extension, but it is in process. McGowan is here for the Paul family specifically, but it is in process, and the PUD mandates that that lake be turned over to you and that is in process. CHAIRMAN COLETTA: Marla, can you comment on this too? I'd really like to get an update on this. It's been a number of years since this process started. MS. RAMSEY: For the record, Marla Ramsey, Public Services Administrator. Page 193 December 11-12,2007 I can't give you a definite timeline, but I can tell you that real property has provided the paperwork to the developer, and my indication is that they are -- either have signed it or are ready to sign it, but they're being held up by this particular permitting issue. So the timeline that -- I'm not sure of, but everything's a go on our side. CHAIRMAN COLETTA: It takes so long to get from A to B, I'm telling you. I'm going to be -- well, I am an old man, come to think of it. COMMISSIONER FIALA: You are not. CHAIRMAN COLETTA: Thank you, Donna. I'll take that as a vote of confidence. My other question is, is the two-year extension, the length of time. Is that realistic with the present economic conditions? I mean, is two years really something that -- or should it be longer? I mean, if you had -- if you were granted four years, what exactly would that do, harm to the county? It would keep you from coming back through the process if business doesn't pick up. Just a thought. MR. ARNOLD: It's a good thought, and actually Mr. Y ovanovich, who's the co-agent on this project, mentioned that to me as well, that, hindsight, maybe that's something that we should have requested because the economy has slowed some, so it would allow Pulte and Mr. Paul to go ahead and move forward on the commercial tract without having the necessity to come back here in two years if it doesn't progress through the PUD process. CHAIRMAN COLETTA: I really don't want to see you again. I want this thing to go forward. When you can build it, you can built it. Now, let me hear from the other commissioners. Commissioner Henning, you're the motion maker, so how do you feel about it? COMMISSIONER HENNING: Well, we have an LDC amendment coming through to go from a three-year to a five-year, and with the economics the way it is, I think that's most appropriate to doo Page 194 December 11-12, 2007 that, and I would assume that this would apply to this one. MS. GUNDLACH: Commissioner, for the record, Nancy Gundlach, Principal Planner with Zoning and Land Development Review. This particular petition was advertised for one two-year extension, so we can't change that at the moment. COMMISSIONER HENNING: No. I was speaking about the LDC amendment. Are you speaking of that LDC amendment? MS. GUNDLACH: Oh, I'm sorry. I was talking about another topic. COMMISSIONER HENNING: No, no. We were talking about the same topic, or trying to. We just didn't understand. MS. GUNDLACH: Something to do with an extension. COMMISSIONER HENNING: Yeah. Isn't there an amendment coming through the Land Development Code to have a five-year sunsetting provision instead of a three-year? MS. GUNDLACH: I can double-check that. MR. SCHMITT: Commissioner, Joe Schmitt. I believe you may be referring to -- and we proposed to the DSAC for site plans and plats to extend the time frames, not for PUDs. But those were for plats and plans already in the process to try and extend those time frames. COMMISSIONER HENNING: Okay. MR. SCHMITT: And we're putting something together for you to look at for that. COMMISSIONER HENNING: For that plat, okay. MR. SCHMITT: Yes. CHAIRMAN COLETTA: So there's no ability for us to be able to take the two years and move it out to four here today? COMMISSIONER HENNING: Not the way it's advertised, but we are going to run into a problem, Mr. Chairman. CHAIRMAN COLETTA: Yeah. It's going to be a tremendous amount of work for everybody for no reason. COMMISSIONER HENNING: Yeah. And it's just due to Page 195 December 11-12, 2007 economics. And we have the ability to direct staff later on. CHAIRMAN COLETTA: Well, let's hear from county attorney, see if they might have some guidance on this. MR. WEIGEL: Well, I think that -- I think that staff is correct, that as advertised -- and this is an advertised item -- that it -- there could be potential for conflict if the board went beyond the advertisement and went to four years at this point. CHAIRMAN COLETTA: And then you probably didn't want to take a chance on continuing this to another time? MR. YOV ANOVICH: Well, why don't -- I think you'd probably -- for the record, Rich Y ovanovich. You probably are interested in having this done right away, and we would like to have it done right away, but I don't think there would be anything that would prohibit us from immediately applying again for the second two years, since it's fresh in everybody's mind. Hopefully it will stay on summary agenda the next time because the DCA issue will be done. But we can apply and grab the next two years if that's acceptable to the board. Instead of making us wait two years to do it, we can get right in, and hopefully it will stay on summary agenda since it's not something that goes to the Planning Commission. CHAIRMAN COLETTA: Yeah, that's harmless. Then we always can review it at that point in time for whatever circumstances exist. Commissioner Henning, did you have anything else? COMMISSIONER HENNING: Nope. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: County Attorney, I need some guidance here. I believe the motion was made for 8F, and is it my understanding that what we discussed was 101, so do we vote on 101 before we extend the sunsetting rule? MR. WEIGEL: Well, I think -- I think the motion before you now is the motion by Mr. Henning, second's by Mr. Coyle on 8F. Page 196 December 11- I 2, 2007 COMMISSIONER HALAS: That's correct. But is there any sequence that we have to address since we talked about the -- giving of the road part of it, the stormwater aspect of it; is that the issue that we should vote on first before we go ahead and vote on 8F? Does it matter? I just want to make sure we're -- MR. WEIGEL: Yeah, I -- go ahead. CHAIRMAN COLETTA: Whatever it takes to keep this moving forward. MR. KLATZKOW: I think the petitioner would like to see the PUD extended before a vote on the DCA, because the last thing he wants is the DCA approved with the PUD not extended. CHAIRMAN COLETTA: Okay. Makes sense. COMMISSIONER HALAS: Makes -- okay, now that clarified it. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: The county manager stated at the beginning that we're going to hear both of them, and my motion was on the -- 8F of the -- both of them, just to make it clear. So it is what it is. CHAIRMAN COLETTA: Well, if there's no other comments, I'm going to -- COMMISSIONER HENNING: Let's go. CHAIRMAN COLETTA: All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Page 197 December 11-12,2007 Now? MR. ARNOLD: Thank you. COMMISSIONER HENNING: Make a motion to approve the DCA. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Fiala to approve. And any comments on that? (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. Believe it or not, it's already been another hour and a half since I took the last break. MR. ARNOLD: Thank you, Commissioner. CHAIRMAN COLETTA: Hasn't it? Yeah, it has. So take a 10-minute break and be right back. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #8G Page 198 December 11-12, 2007 RESOLUTION 2007-353: A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS (BCC) OF COLLIER COUNTY, FLORIDA, DESIGNATING THE PARCELS OF LAND ASSOCIATED WITH THE CRESTVIEW I AND II AFFORDABLE HOUSING DEVELOPMENT AS A BROWNFIELD AREA WITHIN THE IMMOKALEE ENTERPRISE ZONE OF COLLIER COUNTY FOR THE PURPOSE OF ECONOMIC DEVELOPMENT AND ENVIRONMENTAL REHABILITATION; AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO NOTIFY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; AND PROVIDING FORAN EFFECTIVE DATE - ADOPTED Commissioner, the next item on the agenda is 8G, which used to be 17B. It's a resolution by the Board of County Commissioners, BCC, of Collier County, Florida, designating the parcels of land associated with the Crestview I and II affordable housing development as a brownfield area within the Immokalee enterprise zone of Collier County for the purpose of economic development and environmental rehabilitation; and authorizing the county manager or his designee to notify the Department of Environmental Protection of said designation; and providing for an effective date, and this was basically pulled at Commissioner Halas's request. CHAIRMAN COLETTA: Why don't we go right to Commissioner Halas. COMMISSIONER HALAS: Yes. And I'll tell you the concerns that I have on this is that, as you read through the executive summary, it says, there is no contamination on the parcels of land in the identified parcels for the proposed development. And I'm concerned that it's misrepresentation of what the brownfield fund is. Basically that's a fund that's set aside to address issues of contamination in areas throughout the State of Florida. And Page 199 December 11-12, 2007 I realize that obviously this person still has to jump through hurtles to get this, but I have some concerns on it. I can see in one of our discussions earlier on, we were talking about if we wanted to do some development at the old army airfield, which was -- been -- in the Immokalee Airport, that is there could have been some brownfield problems there. But in this development, I've got a problem with that. Maybe you can help clarify that. MR. SLATE: I can definitely help clarify that. I'm going to try to anyway. My name is Robert Slate. I'm with a company called Strategic Systems. We're an economic development firm, and I'm here today representing the Carlisle Group who is developing the affordable housing complex there in Immokalee. And that development is in the Immokalee enterprise zone, and that is pertinent of this because the statute, the Brownfields Redevelopment Act, provides for a -- COMMISSIONER HALAS: What was that again? MR. SLATE: I'm sorry. The Brownfields Redevelopment Act, the statute that provides this opportunity is -- you know, gives a very straightforward and simple method for sites that are within an enterprise zone or some other previously designated economic redevelopment area. And, you know, I can tell you -- I'm also a member of the Florida Brownfields Association, for whatever that's worth. It's usually enough to just make me dangerous. I'm not an environmental guy. I'm an economic development guy. But that fits very well within the framework and the universe of brownfields, all things brownfields. And the thing that I deal with commonly in situations like this is, there's nothing more common than brownfields and misconceptions about it. It's just the term carries a lot of connotations to it. And the most common misconception, most common connotation, is to equate a brownfield with contamination. Page 200 December 11-12, 2007 COMMISSIONER HALAS: Well, what is brownfield then? Make it just plain. MR. SLATE: I'm going to try to. What a brownfield -- the way -- what I see a brownfield as -- you know, everybody's got their own, you know, definition in their minds of what they equate a brownfield to. But a brownfield definition is much broader than just contamination because what it is, is I think of a blighted community, you know, a slum, a blighted area, that's a brownfield by definition, by federal definition and by state definition. You know, environment problems, contamination, are certainly considered within the brownfields program. This statute addresses both those and addresses significant economic development type of concerns that aren't related to contamination at all. And, you know, you mentioned the -- COMMISSIONER HALAS: Sir, I think you went far enough. County Attorney, can you give me some guidance on what a brownfield is? MR. KLATZKOW: I have the definition of it on the viewer. COMMISSIONER HALAS: Okay. MR. KLATZKOW: And a brownfield site is any real property, the expansion or development or reuse, which may be complicated by actual or perceived environmental contamination. And so, in my mind, a brownfield site is, you either know that it is contaminated or, the public ground, it is feared that it may be contaminated. Typically these sites would be former industrial sites, or like you said, a former site for the military that could have been contaminated. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Even farmlands, in some cases, with the pesticides spills and all that. MR. KLATZKOW: That's correct, sir. Page 201 December 11-12,2007 CHAIRMAN COLETTA: And this area at one time or another, all of it was farmed at some point. COMMISSIONER HALAS: But my question is, if we approve this, we're under no obligation to go forward to assist this person in regards to brownfield if it doesn't meet the criterias. MR. KLATZKOW: No. I specifically provided in section 2 of the resolution that the owner of the site will be solely responsible. COMMISSIONER HALAS: Okay. Because I understand what petitioner was telling me, but my feeling is the same as yours, about what brownfield areas are, and I think it's a misrepresentation because there's an awful lot of communities that have to address real brownfield issues within the state. And I'd surely like to make sure that they get the money that's justified to them. MR. SLATE: Sure. You know, again, speaking from my perspective -- and I have created numerous brownfield areas in this state, and I have never created one where there was an environmental issue on the property, just for the record; that's the truth of it. Every one that I've done has been for the purpose of economic development. And here's the context that you really -- the best way I can answer your question, is to look at what the facts are about Jacksonville, Miami, St. Petersburg, Orlando, they've taken their entire enterprise zone, their entire 20-square-mile enterprise zone, and they've designated these with one stroke of the pen, just like is here tonight, one stroke of a pen, designated these brownfield areas. Now, they didn't have to prove that there was contamination in that, and the reason is, it is not required in the statute to prove that. That's not a part of the requirement. You know, what is a part of it is that if it's in the enterprise zone or front porch community or some previously determined distressed area, some area that's for economic redevelopment, then that coincides with what my definition of brownfields is in that a brown -- a blighted area is a brownfield by definition. Page 202 December 11-12, 2007 You may think contamination only, but, indeed, the definition is much broader. The statute -- and not only in this act, but in the ancillary type of acts bears this out also. COMMISSIONER HALAS: I just -- as I said earlier, I think it's a misrepresentation of funding that's available, that it's -- MR. SLATE: Well, if! had the time, I could probably, you know -- CHAIRMAN COLETTA: Yeah, that's okay. Commissioner Halas is entitled to his opinion on it. This is just another tool in the tool box -- MR. SLATE: Exactly. CHAIRMAN COLETTA: -- to get the job done in Immokalee. And for us to pass it up would be -- would be a tremendous loss. I don't -- we don't have any speakers on this, do we? MS. FILSON: No, sir. CHAIRMAN COLETTA: Yeah. I seen Tammie Nemecek here earlier, but I'm sure she had to leave by now. I'd like to make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion for approval by myself, Commissioner Coletta, second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: There has to be a definition in the Florida Statutes. MR. SLATE: Of what? There is, you know -- MR. MUDD: This is-- MR. SLATE: -- I can address the questions that really -- COMMISSIONER HENNING: That's not -- is that -- MR. MUDD: This is the Florida Statutes, sir. This is Chapter 376. And I'm sorry, I zoomed right in on the highlighted parts and I didn't take you out to the outside piece. And I believe what the gentleman at the podium is getting at is, if you look under four Page 203 December 11-12, 2007 underneath the yellow highlighted, such areas may include all or portions of the community redevelopment area, enterprise zones, empowerment zones, or other such designated economically deprived communities and areas and Environmental Protection Agency designated brownfields pilot projects. COMMISSIONER HENNING: Okay. MR. SLATE: And stemming from that, I can tell you this: That by far and away, the vast majority of the acreage that's been declare a brownfields area in this state to date, like probably 99 to 1, is -- has -- is land that has no contamination on it. It's about economic development. COMMISSIONER HENNING: So I mean, it really says it in three, brownfield sites means real property, the expansion of -- the expansion and redevelopment or reuse of which may be complicated by actual. May, that's the -- MR. SLATE: May-- COMMISSIONER HENNING: It's very liberal in it's interpretation -- MR. SLATE: Exactly. COMMISSIONER HENNING: -- of browns field (sic), but I'm glad Commissioner Coyle -- or Commissioner Halas took it off the consent agenda so that we could clarify that issue. MR. SLATE: Sure, and I welcome the opportunity to clarify it. And you know, the use also in that same sentence of the word perceived, when you really think about perception, and then you can understand why a brownfield, a blighted area, why those areas -- why the state wants to provide inducement to redevelop those is because of the perception, that's why these areas don't get redeveloped, not because they -- people know about contamination, but they have this perception of this being a brownfield. COMMISSIONER HENNING: Right. Can you -- County Manager, can you zoom out on that so I can see the full chapter citing. Page 204 December 11-12,2007 MR. MUDD: Yes, sir. COMMISSIONER HENNING: And I support the motion. CHAIRMAN COLETTA: Okay. With that, any other discussion? (No response.) CHAIRMAN COLETTA: All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: (Absent.) CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Let the record show the vote was 3-1 with Commissioner Halas being in the opposition and Commissioner Coyle being absent. MR. SLATE: Thank you. CHAIRMAN COLETTA: Thank you. Item #9A APPOINTMENT OF MEMBER TO THE HISTORICAL / ARCHAEOLOGICAL PRESERVATION BOARD - MOTION TO READVERTISE - APPROVED MR. MUDD: Commissioner, that brings us to paragraph 9, Board of County Commissioners. 9A, it's appointment of a member to the Historical! Archaeologic Preservation Board. COMMISSIONER FIALA: I'd like to make a motion we readvertise for additional applicants per the committee recommendation. COMMISSIONER HALAS: Second. Page 205 December 11-12,2007 CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a second by Commissioner Halas to readvertise. Any discussion? Commissioner Henning? COMMISSIONER HENNING: Nope. CHAIRMAN COLETTA: Okay. All those in favor, indicate by saymg aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Item #9B RESOLUTION 2007-354: APPOINTING JOSEPH L. DILLON AND JOHN L. PENNELL AND REAPPOINT COLLINS TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, the next item is 9B, appointment of members to the Ochopee Fire Control District Advisory Committee. CHAIRMAN COLETTA: I'd like to make a motion to approve the committee recommendations of John L. Dillan (sic) and John L. Pennell, and also to reappoint Councilman McBeth Collins to represent Everglades City. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: I'll second the motion as long as the Page 206 December 11-12, 2007 first motion was Joseph Dillan rather than John Dillan. CHAIRMAN COLETTA: Oh, I'm sorry. I was a little carried away. Sorry, John Dillan out there. COMMISSIONER FIALA: Both starts with 1. CHAIRMAN COLETTA: Joseph, and I correct myself, and thank you. Any other -- any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: (Absent) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Item #9C APPOINTMENT OF MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION - MOTION TO READVERTISE - APPROVED MR. MUDD: Commissioner, the next item is 9C, appointment of member to the Collier County Planning Commission. COMMISSIONER HALAS: I make a motion that we readvertise this to see if we can get some candidates that are in the commissioner's district. COMMISSIONER HENNING: Well, let me give you some information. I tried to get somebody to put their name in. Because of Page 207 December 11-12,2007 the Planning Commission's agenda and the tasks that they have taken on by this board, I couldn't get somebody at this time. CHAIRMAN COLETTA: Forgive me. My rotary, I meet with David Wolfe all the time, and he was a little perplexed that he missed the time for it, and I think that he'd be more than happy to put his name in, at least he gave me that indication. COMMISSIONER HENNING: Well -- and that's fine, and I talked to David, but his name didn't come to mind at that time when I was trying to seek somebody. And at present time, we have a missing seat with a lot of 4/4 votes. And when the seat becomes available, I'll definitely contact Mr. Wolfe. CHAIRMAN COLETTA: Yeah. My concern is, is that in Commissioner Halas's district, even though he hasn't stated that concern, he'll now have three people from his district on the Planning Commission, and it's supposed to be a balance across the district. In fact, what is the -- what does our code say in regards to who can be on the Planning Commission and who can't? MR. WEIGEL: Mr. Chairman and Commissioners, the code provides, I call it the Noah's Ark provision. It's two by two from all the districts except 4, which is the City of Naples, and that is in the code which, of course, is ordinance. MS. FILSON: And the school board member. MR. WEIGEL: Well, yes, there is a school board member now too. But-- CHAIRMAN COLETTA: So your motion is to readvertise? COMMISSIONER HALAS: Readvertise and to get some people to come forward that Commissioner Henning represents, District 3. COMMISSIONER COYLE: I'll second. CHAIRMAN COLETTA: You second. COMMISSIONER HENNING: I have -- still have the floor, Mr. CHAIRMAN COLETTA: Yeah. Well, let me just make the Page 208 December 11-12,2007 statement. We've got a motion by Commissioner Halas, second by Commissioner Coyle. Commissioner Henning? COMMISSIONER HENNING: I read the ordinance, it said that the -- we must have a qualified member to appoint to the Planning Commission. Since no one came forward from District 3, could we not appoint somebody from other districts as long as they're a resident and a voter, Mr. Klatzkow? MR. KLATZKOW: I think that if the seats were open long enough so that it was clear you couldn't find anybody from the district and that the board then directed staff to amend the LDC to allow for the board to do this, that you could at that point in time bring somebody in from a different geographical area. But I think the board would have to find that they've done due diligence to see whether or not they could find someone from that district. Whether it's one advertising, two advertisings, multiple advertising, would be a board decision. COMMISSIONER HENNING: So we've done one advertising already? MR. KLATZKOW: You've done one board advertising, that's correct. COMMISSIONER HENNING: Okay. So you're saying it takes two advertisings for the board to change -- or maybe I misunderstood our previous conversation. MR. KLATZKOW: No. What I'm saying is, when the board comes to a conclusion that they've advertised this and they're not getting a qualified applicant from the district -- it's clearly an important advisory board and it's an important position to seat -- at that point in time, I think with board direction that the LDC be amended, the board could appoint somebody from outside the district, but the board, I think, would have to find that at this particular point in time, we've tried, we haven't been able to find anybody. Page 209 December 11-12,2007 COMMISSIONER HENNING: Right. And my concern is, we have some important issues coming to the Board of Commissioners, and I've seen recommendations from the planning commissioners where it's a tie vote. In talking to the chairman, it's a real concern that these issues -- that they have a complete board to make an affirmative recommendation to the Board of Commissioners. CHAIRMAN COLETTA: Let's go to Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Yeah. I just wonder if now is the proper time to be advertising if you want to get a lot of applicants. Do the holidays generally produce a lot of applicants for these kinds of boards? MS. FILSON: I haven't been getting many applicants for any boards because I'm having a hard time getting it put in the Naples Daily News, which is where I get the majority of my submittals. COMMISSIONER COYLE: So we're having a problem with advertising itself? MS. FILSON: Yes. And I can tell you that I have, on EMSAC from District 5, I've advertised for over one year. COMMISSIONER COYLE: How about other publications in the county? Are we getting -- MS. FILSON: Well, we have the web page where they can register to receive the press release. COMMISSIONER COYLE: Yeah, but they've got to express an interest in advance, but -- MS. FILSON: And then I have emails and I have faxes. COMMISSIONER COYLE: But how about -- there are other newspapers in Collier County. Are we getting-- MS. FILSON: I have a long list of fax numbers -- COMMISSIONER COYLE: Are they printing our advertisements in those newspapers? Page 210 December 11-12, 2007 MS. FILSON: I can't be certain, but I don't think so. Like the Marco, if -- they might pick up something that the applicant should be from Marco, but that isn't that often. COMMISSIONER COYLE: Well, maybe the commissioners know some people who would be interested in the county and maybe suggest that they apply, you know. I don't know how to do that. But yeah, I think we ought to try to abide by the rules. And if we're being hampered by the inability to get print media to advertise for us, then we need to find another way of getting suitable applicants. MS. FILSON: And it's also on the web page, the press release and the application. COMMISSIONER COYLE: Maybe you should start going door to door. CHAIRMAN COLETTA: How about the list that we have for the civic associations; can we -- MS. FILSON: You know, I tried that for your EMSAC one. I went into your contacts and I used your contact list and sent the press release to all of your lists for civic associations, and I didn't get a response. CHAIRMAN COLETTA: Maybe they didn't recognize your name. We'll send it under Commissioner Coyle's name, but in any case -- COMMISSIONER COYLE: That will get you a lot of applicants. CHAIRMAN COLETTA: Let's go, the discussion here, to Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: Yeah. My concern is that I think that each of the districts need to be represented, and I presently have two people that represent District 2. I feel at this time that I believe that it's only fair that the commissioner in District 3 has two people that sit on that commission. I can tell you that when the openings came up for my particular Page 211 December 11-12, 2007 district, I went and interviewed people and then upon that, I told them, I said, I'd like to have you step up to the plate and get involved with the Planning Commission, which has been done. So I think there's other avenues, and I feel that once you get a precedent, then I think that some of the people are going to feel that they're not properly represented on the Planning Commission since it has been set up over a period of time in regards to who sits on that board. So my motion stands. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: I was just going to say, Sue, maybe, if you wouldn't mind, when you print that out -- and I don't know why the Naples Daily News isn't publishing these things, which would-- other than maybe it's because it's a public service and they don't have the room or something, but if you could send it to each one of us, we could probably send it to our emaillist -- MS. FILSON: I email it to all the commissioners, plus I give you a hard copy. COMMISSIONER FIALA: Well, I get the hard copy, but I'm asking you to do it again, only this time what we'll do is we'll distribute it, whether it be to our newsletter people or to our whole list of people that we have just to let people know. I mean, I don't have anybody in District 3 on my list, but I'd be happy to let people know in case they have friends on the -- COMMISSIONER HALAS: Well, you've got to have -- got to have that particular district. COMMISSIONER FIALA: Right, right. MS. FILSON: Do you want me to re-email the current one? I'm going to be doing a new one this Friday, and it's almost to four pages. CHAIRMAN COLETTA: Well, I think what you do is you send it to the commissioner -- not everything's applicable to our district. I remember before we used to take and trim it down to those things that we needed to fill from District 5, and then I would send it out to my Page 212 December 11-12,2007 personal list of about 1,000 some people. And I know right now I have about five people that have expressed an interest in the Planning Commission. MS. FILSON: But they're -- a large number of the committees are countywide. CHAIRMAN COLETTA: I understand. But there -- lots of times you have openings only for certain -- MS. FILSON: Right. CHAIRMAN COLETTA: -- districts, so you can sort of trim it down. Why do you want to run the whole list and wear people out? Like the Airport Authority, they might not have an opening for anyone but from Everglades City. Why would you want to send it to anyone else in the county? MS. FILSON: Okay. So I -- CHAIRMAN COLETTA: You kind of aim it. MS. FILSON: -- could do five different press releases, and send it to each one of you. Is that what you would like? CHAIRMAN COLETTA: That sounds like a winner, okay. You're pretty good at this. COMMISSIONER COYLE: I want two. MS. FILSON: Pardon me? COMMISSIONER COYLE: I want two different press releases. MS. FILSON: Okay. I'll give you the full one and the one for your district. CHAIRMAN COLETTA: If you want to get it done, send it to his wife. And with that, any other comments? (No response.) CHAIRMAN COLETTA: Okay. All those in favor, indicate by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 213 December 11-12, 2007 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 2007-355: RE-APPOINTING BARBARA F. BUEHLER AND JOHN RIBES TO THE PARKS AND RECREATION ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, brings us to the next item, which is 9D. It's appointment of a member to the Parks and Recreation Advisory Board. MS. FILSON: And this is the one that I accidentally put Randy Mason's name in the table twice. The bottom name should be Jason Bailey, Urban District 1, elector, yes, sir, advisory committees, none. COMMISSIONER COYLE: Motion to accept John Ribes and Barbara Buehler. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: I'll second the motion. I know we don't have anybody on district -- from District 1 on this board and it would be nice. COMMISSIONER HENNING: There you go. COMMISSIONER FIALA: But these people have been -- it isn't my district. But these two people have been doing such an outstanding job. I wouldn't want to remove them just because I want somebody from District in that particular case, so -- CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, second by Commissioner Fiala. Page 214 December 11-12, 2007 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 #9E THE ANNUAL PERFORMANCE APPRAISAL OF THE COUNTY ATTORNEY - LUMP SUM PAYMENT OF $15,224.04- APPROVED MR. MUDD: Commissioner, next item is 9E, which is the annual performance appraisal of the county attorney. CHAIRMAN COLETTA: Okay. If! may cut right to the chase on this. I did my magic math again to -- Mr. Weigel, before you go through a full presentation, let's just see if we can come to an understanding of where we are. We had three scores. The scores were averaged out to 2.34, which values 78 percent; 78 percent -- and mind you, this score is for this past year's performance. And at the $19,518, the amount would be -- at 78 percent of the approval, would be $15,224.04. And I'd make a motion for that amount of money. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN COLETTA: Okay. So a motion by Commissioner Page 215 December 11-12,2007 Coletta and a second by Commissioner Fiala. And with that, Commissioner Halas? COMMISSIONER HALAS: I have some concerns. We haven't extended his contract. Obviously, the county attorney has the right to submit his name in the upcoming selection. I also have some concerns at the point in time when he submitted his performance review for us to address this issue, it was after the fact. And I feel that what he's being compensated for at the present time is adequate. CHAIRMAN COLETTA: Okay. That's an honest opinion. Of course, now, there's reasons why the review didn't come sooner. And I think, Mr. Weigel, you asked me several times about when to place it on the agenda. And maybe I gave you some misinformation, and if I did, I apologize for that. MR. WEIGEL: Well, in any event, if! may. This is the term-- the culmination of a four-year contract. And so this is a look-back at a prior year. It's not a look-forward, and so it would have been coming to you in any event. It would have been inappropriate not to bring it to you. It would have been inappropriate not to get the pulse of the board in regard to not only my performance, but it's a review of the office performance as well. And from that standpoint, it came forward. Delivered a little later this year than the prior year, correct. It's been with you six weeks, however, so, you know, it could have come back sooner. Be that as it may, I don't know that the timing is really that-- ultimately that important unless one wishes to make it the element of determination as far as that goes. The self-analysis that was provided there was, you know, carefully drawn, looked to, tried to demonstrate and illustrate the approach that I have provided. Those -- I think the information that's provided in your -- in your considerations will be important not only for me in the office that currently exists, may be important for the Page 216 December 11-12,2007 office that may be in the future as well. I appreciate any consideration you give. Thank you. CHAIRMAN COLETTA: Thank you, sir. With that, any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: (No response.) CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. I couldn't quite catch everyone there, so I'm going to ask the ones that were opposed to raise their hand so I can -- COMMISSIONER HALAS: (Raises hand.) COMMISSIONER HENNING: (Raises hand.) CHAIRMAN COLETTA: And those in favor? (Raises hand.) COMMISSIONER FIALA: (Raises hand.) CHAIRMAN COLETTA: And Commissioner Coyle, I don't see you moving either way on it. MS. FILSON: No, he said aye. COMMISSIONER COYLE: I'm neutral. CHAIRMAN COLETTA: No, you can't be neutral. You've got to vote yes or no. COMMISSIONER COYLE: It is for the remainder of the time of the contract? CHAIRMAN COLETTA: No. COMMISSIONER COYLE: No, that's right. It is a one-time payment. Page 217 December 11-12, 2007 CHAIRMAN COLETTA: This is a payment for the past year's performance. COMMISSIONER COYLE: Yes, yes, okay. I'm voting in favor of it. CHAIRMAN COLETTA: Okay, so it's 3-2. Let the record show Commissioner Henning and Commissioner Halas being in opposition. COMMISSIONER COYLE: Well, having said that, let me say to you that I -- I do not believe that the way we calculate these percentages is the way that I think we should calculate them. As I understood it, the way you calculated it was just based on a percentage between two and three; is that -- is that it? CHAIRMAN COLETTA: That's the way that -- the criteria that we've been using for quite some time now, and -- well, it was created one, two or three, depending on where you thought the performance was, and then an average across the board. COMMISSIONER COYLE: And you start with the base of five, fifty-eight, fifty-five, right. CHAIRMAN COLETTA: I'm sorry, the base being the dollar amount? COMMISSIONER COYLE: Yeah, the lowest amount. CHAIRMAN COLETTA: No, the -- well, the lowest amount would be what it would be for the lowest part. But what I did is I used the percentage against the highest amount to be able to come up with what we thought the evaluation should be. We've doing this now for like about six years with the county manager and the county attorney in the past, and I'm always willing to consider in the future any kinds of changes to that. COMMISSIONER COYLE: Well, I guess -- I guess my general feeling is that if someone is just meeting requirements, that's a relatively low rate. We should expect everyone to exceed the requirements. But what -- I would just like for us to come up with a better way Page 218 December 11-12, 2007 of doing this in the future. CHAIRMAN COLETTA: Sure. COMMISSIONER COYLE: It's obviously not appropriate to try to go back and redo something for the past year. But if we could take a look at a different way of doing this, I think it might result in payments to key management personnel that more accurately reflect how well they perform and their departments perform above the level that just barely meets requirements. CHAIRMAN COLETTA: And I'm open to any suggestions. I used this as a simple matrix. COMMISSIONER COYLE: Yeah, I understand. CHAIRMAN COLETTA: At a point in time back. There's -- undoubtedly there's better ways to come to these final conclusions. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And with that, Commissioner Halas, do you have some comments? COMMISSIONER HALAS: Yeah. I'd just like to say that we ended up basically giving Mr. Weigel a $15,000 pay raise; is that correct? CHAIRMAN COLETTA: No, we did not. This is the same thing we do with county manager based on past year's performance. COMMISSIONER HALAS: Well, what was his pay -- what is his raise going to be? CHAIRMAN COLETTA: This is a one-time payment for past year's performance. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: But you want to know what his pay is? We can find that out. COMMISSIONER HALAS: No, no. I just want to make sure that's a one-time payment. I think what we need to do is maybe when we submit the performance reviews, that at that point in time we also submit what we Page 219 December 11-12,2007 feel is rightfully the right pay, and then we can discuss that under board direction when we're here on the dais. CHAIRMAN COLETTA: Fine, yeah. I came up with __ COMMISSIONER HALAS: I think that might -- yeah. You did a -- CHAIRMAN COLETTA: No one ever came up with a different matrix to work with, so that's why. COMMISSIONER HALAS: Yeah. And we're not here to criticize you. I think you did a great job, but I think what we need to do is have all of the commissioners get involved in this __ CHAIRMAN COLETTA: Sure. COMMISSIONER HALAS: -- and it's something we can do in the future. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: But you did an outstanding job. CHAIRMAN COLETTA: Thank you, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Next item, Mr. Mudd? Item #lOA RESOLUTION 2007-356: A RIGHT OF WAY AGREEMENT FOR UNDERGROUND CONVERSIONS WITH THE FLORIDA POWER & LIGHT COMPANY PERTAINING TO THE CONVERSION OF CERTAIN OVERHEAD ELECTRIC DISTRIBUTION FACILITIES LOCATED WITHIN THE VANDERBILT BEACH MUNICIPAL SERVICE TAXING UNIT (THE MSTU) TO UNDERGROUND DISTRIBUTION AND TO APPROVE PAYMENT TO FLORIDA POWER & LIGHT COMPANY IN THE AMOUNT OF $56,712.00 IN ORDER TO OBTAIN ENGINEERING ESTIMATE FOR PROJECT- ADOPTED Page 220 '-_._.~"'---"'-'-~,-~_",,- ----,- December 11-12, 2007 MR. MUDD: Commissioner, that brings us to the county manager's report, paragraph 10. The first item is a recommendation that the board approve and authorize the chairman to sign a right-of-way agreement for underground conversions with the Florida Power & Light company pertaining to the conversion of certain overhead electric distribution facilities located within the Vanderbilt Beach Municipal Services Taxing Unit, the MSTU, to underground distribution and to approve payment to the Florida Power & Light company in the amount of $56,712 in order to obtain engineering estimates for the project. Ms. Diane Flagg, your Alternative Transportation Mode Director, will present. The reason this is on the regular agenda is because we didn't have a signed agreement by the MSTU, and Mr. Dick Lydon has already provided that to this board. If we would have had this, this would have been a consent agenda item. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Motion to approve. CHAIRMAN COLETTA: We don't have a second though, so we can't -- COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. Motion to approve by Commissioner Fiala, second by Commissioner Coyle. 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. Page 221 December 11-12, 2007 COMMISSIONER HENNING: (Absent.) CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0, with Commissioner Henning absent. MR. MUDD: Commissioner, that brings us to-- COMMISSIONER FIALA: Let me just say one thing. I just think this is such an excellent idea, especially in that location with high winds and with hurricanes and so forth. I think it's wonderful that they're doing this, and I hope we do it more and more around the entire county. COMMISSIONER HALAS: Well, this was -- this was the MST unit group out there that basically went out and surveyed the citizens and asked them what they thought was the most important. I can tell you that they've been saving their money for a number of years to the point where they have sufficient funds to finally address this issue, and along with the county attorney's part in this, because we've had some tough negotiations with FP&L. And I believe that we finally to the point where those people out there can now start addressing it. COMMISSIONER FIALA: Good for you. That's great. CHAIRMAN COLETTA: Very good. And I believe in MSTU's. I think they're really the foundation of what we should be doing in a lot of ways. But before we go on, I just want to mention, six o'clock, Commissioner Fiala and I have to be out the door. We've got a good possibility we might be able to finish this agenda if we stay right with it. So let's go to lOB. Item #10B RESOLUTION 2007-357: A RESOLUTION AMENDING THE Page 222 December 11-12,2007 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 - ADOPTED MR. MUDD: lOR This item -- COMMISSIONER COYLE: What are you drinking? MR. MUDD: -- is continued from the November 27,2007, BCC meeting. Excuse me. The 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, and Mr. Gary Mullee, your Operations Manager for Community Development's Environmental Services, will present. MR. MULLEE: Thank you, good afternoon. As mentioned, this is a continuation of the item from the last meeting. And what I'm going to go ahead and do is spend about five minutes to kind of go through this to better explain the item, to explain what we're asking for, and to go ahead and probably give you a brief background on how we got to this point in time. When we entered into this fee revision process, we had essentially four goals in mind. One was to minimize the revenue impact of the proposals. Another goal was to develop consensus between government and industry on this proposal. We wanted to better align fees for services for -- with those people who are actually engaged in using the services, and we wanted to improve fairness and consistency within the fee structure. Now, just as an overview of the process of reviews, input, and consensus that we went through to arrive at these -- and just as a side note, let me go ahead and say that at community development we really wanted to be sensitive to the economic conditions within the community. I think we realized that there was a point that you could Page 223 December 11-12, 2007 go with the fee structure where we did -- where we could do harm, and we certainly didn't want to do that. We certainly have been provided a lot of feedback over the last several years that, perhaps, we're not the best judge or the most objective judge of what is a fair and rational fee structure. And so what we've done is, this time for these fees, is we've worked with a structure provided to us with the advisory committees, which are made up by our users and by the development industry to develop a fee structure that everyone agreed to as being fair and rational. The Private Vehicle Advisory Committee, who reviews and they recommended for approval, are the code enforcement vehicle for higher fee changes. These fees pass through the Contractor Licensing Board, who reviewed and recommended for approval the contracting licensing fee schedule changes, and DSAC, who reviewed and provided input and by a vote of 10-0 recommended approval of the entire package of fee schedule changes with one exception that's noted in the executive summary, and which I'll cover later in this presentation. We worked with each of these groups, particularly with DSAC. I believe that we took these in one form or another through four separate DSAC meetings where we -- where if DSAC recommended changes or where we worked with them and developed consensus -- and we didn't bring anything forward that was not a consensus item. These were originally two fee -- two proposals that were approximately a couple months apart. Unfortunately, the timing was changed. I developed a little health issue, which delayed one of the proposals. So the two -- it's been a long day. So the two proposals came to you separately at the last meeting. We've gone ahead and combined the two proposals for the purposes of this meeting. One of the sections has to do with building permit fees. It involves a minor change in the timing of collection of fees, a change Page 224 December 11-12, 2007 from evaluation method to a square-footage method of calculating fees, and removal of regressive tiers within the fee structure. The other proposal is a collection of minor revisions. These are fees for previously board-approved new application types, fee decreases and changes for fairness and consistency with other ordinance requirements, and fee increases for activities engaged in by a small number of users where costs have dramatically increased or for services provided across funds. On the building permit fee section, the current methodology for calculating building permit fees is based on declared valuations, and where declared valuations have often varied as much as fivefold for similar projects. In the current system it has regressive tiers, larger projects pay less per valuation than smaller projects. To be honest with you, if you were to take 20 10,000-square-foot-office buildings throughout the county, we've charged them 20 different things for building permit fees. It's purely a function of what they have declared as construction valuation. It's not unusual to see buildings come in the door with 35 or $40 a square foot for construction declared or other buildings that come in with 160 or $180 per square foot. There's relatively little difference in the buildings as far as we can tell, and there's even less difference in what CDES does as far as plan review and inspection activity. The proposed methodology is to go ahead and create 29 cents per square foot plat fee. All size projects would pay the same fee, whether it's -- you're small or large, you would pay 29 cents a square foot. This calculation is revenue neutral. And the way we computed it as being revenue neutral is we took every single building permit issued from 2004 until present. We looked at the old fee, the actual fee that was applied, we applied this new methodology, and when the two bottom line numbers became the same, that's when we knew it was revenue neutral, and that was 29 cents a square foot. Page 225 December 11-12,2007 Now, because we're removing the tiers and charging everyone flat across the board, what's happening is that you're going to have smaller projects and smaller houses, the building permit fee will actually go down, and it will go up for larger projects. An example, for a 1,500-square-foot house over the past threes years, the average building permit fee paid is $504. Under the new methodology, everyone will pay $435 for a building permit fee. You can see on the higher end of the spectrum, it actually goes up. The break-even point is a little above 3,000 square foot for a home. This is how it computed out to be revenue neutral. Now, one of the things we did was -- the commercial rate came out to be the same as the residential rate, 29 cents a square foot to maintain revenue neutral, and we compared that to other jurisdictions. So we're proposing 29 cents as a total. Lee County is 30 cents a square foot; Lake County, 38 cents; Sumpter County, 32 cents; Hernando County, 31 cents; and Pinellas County is 37 cents. So what we're proposing is actually lower than what we found in other counties but essentially in line with what we found in other counties. The 29 cents is matching up the 2003 rate to maintain revenue neutrality because that's the first time we changed our building permit fees. And if that was adjusted for the cost of living, that would have been 33 cents, and -- which is right in the middle of that. So we felt the calculation was in par with what other communities were doing. The issue changes with the building permit fees as related to timing. Right now up front we collect between 8 and 16 percent. It varies according to the size of a project. In permit fees at the beginning of the project, or at application submittal, we call it the application fee, and the rest of the building permit is collected at the time the permit is issued. Weare proposing to raise that to 25 cents. Originally we had Page 226 December 11-12, 2007 proposed to DSAC to raise that to 50 percent up front, 50 percent at the end of the -- when the application -- or when the building permit was issued. That 50/50 split is in line with the staff cost. Approximately 50 percent of the building department is lined up with plan review and application processing, and about 50 percent of the department is lined up with inspection services, which occur after the permit is issued. But in line of keeping consensus with the industry and consensus with DSAC, that proposal was lowered to 25 percent. Now, the other section, the other part which has been joined into this one proposal is a collection of minor fees which have been put into one proposal, and I'll kind of briefly go through those. We also have directors from the individual departments here, and so after the presentation if you have questions about an individual fee and the rationale behind them, they'll be happy to address those questions. Code enforcement fees related to vehicle for hire. Again, these were all approved by the Private Vehicle Advisory Committee as fees reflective of the actual cost of providing these services. They have some increased costs, which they're passing along to the service. I think it's important to point out that these fees are part of fund 111, and this fee revenue will be credited directly to fund 111. Contractor licensing fees. This is another group of changes. These fees were approved by the county's Contractor Licensing Board as reflective of the cost of providing services. Contractor licensing fees hadn't been changed since 1993, and what occurred is a situation where the contractor licensing fees were significantly less than other counties, and so out-of-county contractors were coming in and doing their business here and through repi -- how do you say that words, recicipity? MR. MUDD: Reciprocity. MR. MULLEE: Reciprocity -- thank you -- agreements. Their approvals here were honored in other counties within Florida. These fees are -- have been increased to be in line with other[ Page 227 December 11-12, 2007 counties. If you'll look at the fee rates, these are significant increases. What -- at this point in time, we are anticipating this to actually be a revenue neutral item, and the way we came up with that calculation is we applied these fees to every single permit issued by contract licensing, every fee charged over the past year, and then we backed out all the out-of-county contractors under the rationale that they'll save their gas money and keep their business in Miami-Dade. And those two amounts are actually very similar to being -- to being even. They were within a couple thousand dollars of each other, so we're anticipating this as being revenue neutral. Community development will save money in having this section break even as opposed to its current losing money. Comprehensive planning. These are three fees for comprehensive planning activities which are related to development. They do reviews as far as consistency with Growth Management Plans. These fees are related to that, other than the financial model fee. These are related -- these are activities, again, which are related to development and development paying for the cost of development. These fees will be credited to fund 111. Environmental fees. These are a section of fees in environmental zoning which are in the planning fund, fund 131. This is a question that came up at the last meeting, so I'll very briefly cover this. This fund was split off from the building permit, fund 113, in 2003. This was under the guidance of an audit of the Clerk of Court who was reviewing the fee structure. And under Florida Statutes, building permit fees can only be charged for the enforcement of the state building codes. And so we needed to go ahead and split off the planning activities and have them be self-supported. In 2003 all the revenue in CDES was charged with a building permit applic -- with a building permit, and that money was used to support planning and environmental and zoning. So each of these sections became Page 228 December 11-12, 2007 self-sufficient. That moved revenue neutral at the time, and what happened was, the overall revenue coming into CDES remained the same. The overall cost of a project from the time an SDP or a land use application was submitted till you got your building permits remained the same. We actually, in 2003, lowered building permit fees by 20 percent, and planning fees, which occurred, perhaps, one-tenth as often as building permit fees, were raised by 200 percent so that you actually paid the costs as you went through the -- as you went through the entire process of approval, you paid as you went. And so -- but this was a revenue neutral item. These are -- the fees are listed here, and they were listed in a rate comparison. There was an attachment to the executive summary. The major increase here is related to informal wetland jurisdictional reviews, which the BCC approved at their September 25th meeting, and this is an intergovernmental agreement with Florida DEP. A variety of engineering fee increases. Some of these are related to consistency with other ordinances. Some of these are minor increases, and particularly with PUD monitoring. And this is an attempt to recoup some of the costs. All these fees, again, were all reviewed by DSAC, and the rationale, and judged to be acceptable by them. These are the proposed zoning and land use development fee changes. Most of these fee changes are either fee changes or language changes to be consistent with LDC or related to recent LDC approvals or new application types that have been approved in LDC revisions. There's one significant decrease, and that's putting a cap on master plans fee, which is -- which before had a $25-per-acre fee. Several large applications are in that are going to be significant amounts of money for what is actually a relatively less amount of work, and we thought it was fair to kind of cap that. Page 229 December 11-12,2007 The significant increase on the other side is with zoning, with long form and express permit reviews. This is work that's done in review of building permits. We can't charge -- by statute we can't charge for land use reviews or land use consistency reviews, for issuing a building permit, but they do -- we can't issue a building permit without doing that, and so these fees are on that side, and that work is related to that. There's a few miscellaneous fees. Public record lien searches. These are to be consistent with other resolutions. These have been pointed out by the attorney's office where we have been inconsistent. We also have a failure to obtain a permit. This is a decrease in a penalty. And this is an owner/occupant who goes ahead in good faith and pursues a building permit for work that occurred at their structure before they were the owner. We felt like, that wasn't fair to penalize them for that good faith effort. So instead of charging them a two-time penalty, we're just charging them the normal fee rate. There's one other fee which I need to go ahead and read for the record. This was approved by DSAC at their December 6th meeting, and it came in too late for this fee package. This fee is a fee decrease that DSAC had approved out of the zoning section. It's in the Site Development Plan, section F, it's F-13, Site Development Plan sheet change-out per CDES policy guidelines, $35 per page. This is another instance of us, for minor changes, being able to charge a small amount for a small amount of work versus a full resubmission fee. And right now under the current fee structure, that's the only option we have for this kind of work. This is the one fee that DSAC did not approve that we have brought forward to you for your input and your decision. This was for PUD close-out, which DSAC failed to endorse on a 5-5 vote. Following that vote, DSAC voted 8-2 to defer approval until the PUD close-out process was finalized. And we're bringing this fee forward to you because of the timing Page 230 December 11-12,2007 of potential PUD process being enacted, and our intent to significantly limit fee requests in the near future and actually limit fee increases at all. So included in this proposal CDES agrees to seek DSAC's input on the validity of fee levels following any PUD close-out process being enacted. We'll give them what data we collect on the real-time, and any proposal, any revision that DSAC proposes to this fee, we'll bring back to the board. With that, that's basically the outline of the proposals. I'd be happy to address any questions you have. And as I said, we have directors here from the relevant CDES sections, and they would be happy to cover any specific questions you have on those fees. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: The last study was an empirical study. This study is not? MR. MULLEE: Perhaps you could be a little more specific with what you mean. COMMISSIONER HENNING: Is this -- can you provide me the empirical study for these proposed fees? MR. MULLEE: To be honest with you, some of this -- some of the fees -- and I think we'd have to go on a specific base. Some of the fees are anecdotal. COMMISSIONER HENNING: Okay. So it's really those anecdotal ones are just a tax? MR. MULLEE: I think -- I don't believe that you could classify them as a tax. They're user fees for specific users who -- COMMISSIONER HENNING: Well, you base your fees on anecdotal input and not the rational nexus of providing the service. Is it a tax or is it a fee? MR. MULLEE: I believe it's a fee. And in fact, I think you have to look at these specifically on a fee-by-fee basis. The majority of these fees are actually related to LDC activities which are new Page 231 December 11-12, 2007 application types where you can't go ahead and collect empirical data till you actually engage it. COMMISSIONER HENNING: Well, we've been doing it for a while, haven't we? MR. MULLEE: Well, what I would -- COMMISSIONER HENNING: Wouldn't we know what the services are required, or the service it would take to produce the result? MR. MULLEE: And I believe that's what the dollar amounts were -- when you say empirical, yeah, last time there was a time-tracking study over the course of a couple years that went ahead and looked at the time tracking of this. These are relatively new fees that don't -- for new activities, and what -- the individual directors have gone ahead and surveyed staff and examined the time involved in those cases. So I don't know that you get detailed empirical data over a long course of time. COMMISSIONER HENNING: Let's go back to the single-family home, and maybe I'll show you what I mean, the slide on the single-family home, from 1,000 feet -- square to 5,000 square feet. Okay. A thousand square feet. What's the difference between 1,000-square-feet home and a 5,000-square-foot home? What extra services are you going to provide for that 5,000-square-foot home that you don't provide for that 1,000-square-foot home? MR. MULLEE: I'm going to go ahead and let somebody from the building department address that or let Joe address that. But in general, I think there is actually a linear relationship. If a building is five times as large as another building, there's actually five times as much in a plan to look at and five times as much on the ground to inspect. I don't know if you wanted to -- COMMISSIONER HENNING: Well, tell me about it. Page 232 December 11-12, 2007 MR. SCHMITT: For the record, Joe Schmitt. My building direction took his wife to the hospital so he's not here. But your 1,000-square-foot home, normally you're talking maybe a one-and-a-half or two bedroom -- or two bath. Five thousand could be four baths on up. So you're talking -- basically when you apply for a single-family permit, it's a plan review plus 19 inspections, and those are 19 inspections if you pass every inspection. And certainly -- COMMISSIONER HENNING: Well, let's go down your example of bathrooms. MR. SCHMITT: Yes. COMMISSIONER HENNING: You also have a fee in here per plumbing hook-up, correct? MR. SCHMITT: That's a different fee. That's for an analysis for the utility department, and I'll have to find it. COMMISSIONER HENNING: Right, okay. MR. SCHMITT: But this is strictly with the building department, and you're dealing with inspections. And like Gary said, at the larger homes, you're certainly talking larger plans, more sheets per review, and normally we're doing electrical and structural inspection. And when you get up above a certain home, you're almost __ you're into what we would classify as commercial review as well. It's not -- they're not sprinkler systems or fire systems, but you're dealing with many other -- COMMISSIONER HENNING: So there's extra electrical -- MR. SCHMITT: There's usually alarm systems, there's other types of systems, low-voltage requirements, there's many other requirements in the larger homes. COMMISSIONER HENNING: Mr. Schmitt? Mr. Schmitt? MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: Is there extra electrical? Is that the reason -- part of the reason for the extra charge? MR. SCHMITT: There would be -- there's certainly additional Page 233 December 11-12, 2007 electrical outlets. I can't tell you from a standpoint of categorically what the electrical inspector -- there are more outlets, there are more switches, there are more lights. There is just more inspection. COMMISSIONER HENNING: But you have an amperage fee here on top of it, too. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: So that's not included in it. MR. SCHMITT: This -- this price is the fee based on the square footage. COMMISSIONER HENNING: I know it's based on square footage, but nobody has said to me -- because usually with a large home you just have a larger home, and the extras you're charging for anyways. You're charging for extra outlets per -- because of amperage. There are many different fees that goes into a home depending on what you have. A thousand-square- foot home in Golden Gate, a lot of them are three bedroom, two bath. So I don't think there's an empirical study to show that you're providing a service and charging a fee for your service. It's a tax. MR. SCHMITT: The alternative method, Commissioner, is the construction valuation table, which is, again, based on a square footage, but it's based on construction value. And what we're proposing here is to eliminate the valuation table and just go with a flat square footage, based on the square-footage fee. COMMISSIONER HENNING: And I understand. And actually, what you're doing here, it looks good and it helps out the little guy, the problem that I have with it, it's a tax. You're not providing a service. The people that are in the upper scale are paying for the services on the lower scale. MR. SCHMITT: It's an attempt to equalize for the services provided. The other option, again, is by value, and that tended, quite frankly, we believe, to overcharge on the smaller units, and the larger Page 234 December 11-12,2007 units appeared -- they were getting as much or even more service -- more service and not paying for the service that we believe we were providing for the larger homes. COMMISSIONER HENNING: The larger homes are going to pay additional prices for things that, you know, the affordable housing is not going to have in it. MR. SCHMITT: Right. Our inspections have nothing to do with whether you have marble countertops or -- COMMISSIONER HENNING: No, I know that, I know that, but it's the other health, safety, and welfare issues, like electrical, like the plumbing hookups. MR. SCHMITT: Yes. COMMISSIONER HENNING: You have a plumbing hookup charge here. So the more bathrooms that you have -- MR. SCHMITT: Yes. COMMISSIONER HENNING: -- the more -- the more it's going to cost, and I just see this as a tax and I'm not sure if we can. And maybe we can, I don't know. I need some guidance from the County Attorney's Office. CHAIRMAN COLETTA: County Attorney, would you respond to that, and I have a couple of questions. MR. KLATZKOW: The board needs to find that these fees are fair and reasonable for the services presented. If you think the evidence is inadequate for that, you need to question staff for additional evidence. COMMISSIONER HENNING: I would like to see empirical studies on all these fees. I agree, some of these fees are very much in line of what you're asking, like the vehicles for hire. I think you explained that very -- very good, but the other ones, I -- some of the others I haven't heard that. CHAIRMAN COLETTA: I have a couple questions, Mr. Schmitt. Page 235 December 11-12, 2007 MR. SCHMITT: Yes. CHAIRMAN COLETTA: Will-- these fees here will help to make your organization solvent. MR. SCHMITT: Well, my organization's solvent, and basically I __ my staff, let's -- the level of staffing is based on the revenue. I'm dealing with that. As you well know, the revenue is down. We're 37 positions down. I've identified another 11, and possibly it will be more after that. I am reducing staff commensurate with the level of income. This is not an attempt -- this is not an attempt to raise revenue to support the existing staff. This was an attempt -- we've been working over at least a year trying to equalize and put the charges where the -- we feel they belong and put the burden of cost where we feel it belongs at the __ at the permitting process, whether it's in the building department or through the plan and plat review process, and that's what we're attempting to do. This is, pretty much as Gary said, revenue neutral. CHAIRMAN COLETTA: Did your advisory group go over this? MR. SCHMITT: Absolutely-- CHAIRMAN COLETTA: And they bought into it? MR. SCHMITT: -- in great detail, in three meetings, and went through in detail describing the costs. Many of these costs were -- we're trying to attempt even to favor the applicant in trying to put the fee where we believe it belongs so that -- if I don't put the fee where it belongs, then everybody pays -- CHAIRMAN COLETTA: Right. MR. SCHMITT: -- as a part of their business process. CHAIRMAN COLETTA: Right. MR. SCHMITT: And one example, a clear example is a recent one that we're dealing with right now. Ave Maria is waiting to resubmit its DRI. They have a very minor amendment. The way this current fee schedule reads, they would have to pay Page 236 December 11-12, 2007 a flat fee plus $25 per acre. It would be approximately a $133,000 application fee for what I would deem to be a fairly minor amendment. But it has to go through the public hearing process, but it's less than 10 lines in a DR! and it would be a $15,000 charge. CHAIRMAN COLETTA: Go back again to your advisory group. Who makes up your advisory group? Is it a-- MR. SCHMITT: The DSAC is made up of attorneys, professional planners involved in the planning industry, and members of the building industry. The CBIA has been involved in this, and CBIA has reviewed this as well. Bill Varian, who is on the DSAC, is also a member of the CBIA advisory group, and they approve this. DSAC? Bob Mulhere, Clay Brooker. CHAIRMAN COLETTA: And they're all buying into it? MR. SCHMITT: Yes. It was a, as Gary said, 10-0. CHAIRMAN COLETTA: This was all these minds of people in the industry -- MR. SCHMITT: Yes. CHAIRMAN COLETTA: -- that helped to come up with this particular structure which tries to assign the fee by the square footage, which sounds fair to me. Like Commission Henning said, you know, if you've got a larger house, you're going to have more bathrooms, you're going to have more bedrooms. If you've got more bedrooms, more bathrooms, you're going to have more outlets. So some way you've got to break it down. Is it totally fair? I'm sure that you could probably revise this till the sun comes up and sets a thousand times. And, you know, you could always hone it just a little bit different, but I think it's a wonderful matrix to work with. Let's go back to Commissioner Henning. COMMISSIONER HENNING: Well, I mean, again, I don't mind approving some of these. And if they can -- see, my concern is, is are we legally doing the right thing? And some of these, I'm just Page 237 December 11-12,2007 not convinced, if we have no data to show that the services that are being provided is the fee that's being charge. CHAIRMAN COLETTA: You have the mike, Commissioner Henning. Why don't you make a motion. COMMISSIONER HENNING: Well, I'm going to make a motion. Mr. Mullee, would you help me with these? I'm going by the __ by the DSAC's recommendation. It says, change 7, provide clarification of existing fees. Do you have that information? MR. MULLEE: What attachment is that? COMMISSIONER HENNING: It's not an attachment. I finally got the minutes of DSAC's recommendations. MR. MULLEE: The-- COMMISSIONER HENNING: Well, all right. Let me start. The zoning amendments, which are the same, you're keeping those the same. I'm going to make a motion to approve that. And that goes on that change 7, clarify -- provides clarification of existing fees. Okay. I'll go to the next one then. Provide -- number 9, it says -- I think the best thing for me to do is go by the -- what is changed, and I'll go down and make a motion. Approve -- I'm going to make a motion to approve A, the administration changes; B, the blasting permits; C, the environmental landscaping; D, the excavating permits; E, there is no changes. That's the fire review fees; G, the subdivision; E (sic), engineering inspection; I, temporary use permits; J, well permits; K, zoning permits; L, the miscellaneous permits; 0, electrical permits; P, plumbing permits; Q, mechanical permits; R, fire prevention and control permits; S, mobile homes. MR. SCHMITT: Commissioner, there's no changes in some of these paragraphs. There's no changes in -- COMMISSIONER HENNING: T, chickee and similar structures; U, pool and spa permits; V, screen enclosure permits; W, sign permits; X, conservation -- or convenient permits; Y, Z, double Page 238 December 11-12, 2007 A, double B, double C, double D, double E, double F -- no, not double F -- double G, double H, double I, double J, double K, double L, double M, double N, double 0, double P, double Q, double R, double S, double T, and double U. That's my motion. COMMISSIONER COYLE: Which ones were not approved? COMMISSIONER HENNING: The ones that couldn't explain any empirical ones. CHAIRMAN COLETTA: Other than double F, can-- COMMISSIONER HENNING: The remainder of them. CHAIRMAN COLETTA: Okay. I'm trying to-- COMMISSIONER HENNING: Double F -- CHAIRMAN COLETTA: I know about double F. And you're saying that the explanation isn't there to justify it; is that what you're saying, Commissioner Henning? COMMISSIONER HENNING: Correct. COMMISSIONER COYLE: How about M and N? COMMISSIONER HENNING: M and N? MR. SCHMITT: Many of the paragraphs we walked through there were no changes. Commissioner, are you on the strikethrough and underline, and we can -- COMMISSIONER HENNING: Yes. MR. SCHMITT: Page 31 of 58. COMMISSIONER HENNING: I'm sorry. Commissioner Coyle, what was your page -- what was your question? COMMISSIONER COYLE: M and N, page 20 of 58. COMMISSIONER HENNING: No. That's the one that they couldn't justify. COMMISSIONER COYLE: Okay. MR. MULLEE: So you're excluding the building permit fees and the contractor licensing fees. COMMISSIONER HENNING: The building permit application fee and the building permit fee. That's what it says in -- and actually Page 239 December 11-12, 2007 I'm in the strikethrough and underline, which is page 40 of 48. Then starts N, and on the next page is M. MR. MULLEE: I think with the building permit fees, this is -- was purely a methodology change. It wasn't a fee increase or a fee decrease. COMMISSIONER HENNING: Oh, I understand. MR. MULLEE: And I'm not sure that we saw the maintaining revenue neutral status -- I'm not sure we saw a need for an empirical study of the fee amounts. These are fee amounts that have been in place in terms of total revenue in place since 2003 when the fees were actually lowered 20 percent. COMMISSIONER HENNING: Mr. Mullee? MR. MULHERE: Yes, sir. COMMISSIONER HENNING: When you -- when you charge a fee, you have to -- you have to provide the rational nexus for that charge. And there's so many other things that go into a larger house that you already capture in charging more fees. So you have to do some kind of study when we charge a fee. That's a law. MR. MULLEE: I certainly understand that and agree with that. And I don't know that the current fee structure in net is any different, I mean, than the existing fee structure other than just the spread of fee. I mean, the current fee as far as valuation is based on valuation declared per square foot, and larger structures now charge -- get charged larger amounts than smaller structures. The only difference is, on a square-foot basis, there's a considerable difference. The average home in the Estates pays four or five times as much per square foot as the largest commercial structure in the county. COMMISSIONER HENNING: Well, is there any way that you can bring to us some kind of a study that shows -- that justifies the charges? MR. MULLEE: You're asking essentially to justify the existing charges or existing building permits? Page 240 December 11-12,2007 COMMISSIONER HENNING: Well, bring us back something that you can provide and show us, okay, this is the services that we're charging for 1,000 square foot versus 5,000 square foot, and here's the study and here's what -- how many man hours it takes, and so and on and so forth. CHAIRMAN COLETTA: Yeah. If I might interrupt for just a second. I'm kind of at a loss. I mean, we went through all this methodology with DSAC with all the trained people to be able to offer advice, and this is the fees that they have more or less assigned to themselves, I thought. Maybe I'm misunderstanding it. COMMISSIONER HENNING: Commissioner, that's not true. There was no study. There was no study. It was just a proposed change in fees. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. The confusing part to me is, DSAC approved all of these, and I don't see anybody in here from the building industry, and I know that CBIA monitors our meetings, and they're not here. So my guess is, if they would have a problem with it, they'd be in here in full force. And so being that they don't have a problem with it, and these are the fees they have to pay themselves, it's not like I have to pay these fees, you know. Eventually I would if, you know, I was having the building done. But anyway -- so I feel I want to go along with it. CHAIRMAN COLETTA: Yeah, I feel the same way, to be honest with you. I want to hear Commissioner Henning out. But if it wasn't for the fact that we had them in the front agreeing to this to be able to help cover the whole cost, you know, a study that would -- I imagine anybody could justify what they're doing if they wanted to. You know, come up with a methodology to be able to prove it. If you've got the industry that agrees to it and it's going to cover the cost to get us where we need to be -- Page 241 December 11-12, 2007 COMMISSIONER HENNING: Well, Commissioner, they didn't agree on all the fees. My concern, are we doing the legal, the right legal thing? CHAIRMAN COLETTA: Well, ask the county attorney. MR. WEIGEL: Thank you. Well, as Mr. Henning indicated and Mr. Klatzkow also supported, there is, in fact, a requirement for fees, that there is a rational nexus or a basis upon which the fee exists. And Mr. Henning's discussion and dialogue has been looking to find that relationship and has had the responses from staff in that regard. Mr. Klatzkow indicated that, in any event, the board would need to make a finding in approving and making an approval of the rates, the fees here, that, in fact, you noted that the justification was appropriate, or, in essence, your approval would be doing that. And so to the extent that there are issues or may appear to be issues relating to how a particular fee may be justified, I will say that just because someone isn't here to talk about it doesn't mean that it mayor may not be supportable in a court of law. It may be that -- it may be that significant areas of interests have chosen not to be here, but that doesn't mean that someone else Might have the ability to raise a logical question. So from that standpoint, Mr. Henning's course of review is certainly appropriate. Ultimately the board as a board will need to make a finding or give further direction. CHAIRMAN COLETTA: But our finding would make that determination; is that correct? MR. WEIGEL: That is correct and because there is a -- because you make a finding, the goods need to be there underneath the surface, so to speak, and that is an explanation that can be -- that can be ratified or confirmed or responded to if brought up in some kind of a contest situation. CHAIRMAN COLETTA: Okay. Well, we have a motion by Commissioner Henning. We don't have a second for it. So it dies for Page 242 December 11-12,2007 lack of second. COMMISSIONER HENNING: It fails. COMMISSIONER HALAS: Okay. I make a motion that we accept the report as given by staff. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER HALAS: And that we move on. CHAIRMAN COLETTA: Commissioner Halas makes the motion, Commissioner Fiala seconds it. Any other discussion? (No response.) CHAIRMAN COLETTA: I'm sorry. Commissioner Henning, your light's still on. I don't want to ignore you. COMMISSIONER HENNING: Yeah, thank you. Commissioner Halas, can you provide me the -- your findings that these fees are fair and rational and there is a rational nexus and -- based upon the discussion today? COMMISSIONER HALAS: Yes, sir, I can. COMMISSIONER HENNING: Can you explain that to me in this chart here on the viewer? COMMISSIONER HALAS: I believe that the people that got involved in this are professional, and if they believe that the fees are appropriate, that's the direction that I'm going to follow. Those are the people that I feel that I have confidence in. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: And that's DSAC. COMMISSIONER HENNING: I have another question. CHAIRMAN COLETTA: Please. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Is that sufficient legal evidence to find that these fees -- this -- and the lack of an empirical study have a rational nexus basis? MR. WEIGEL: Hard question to answer. There is -- there has Page 243 December 11-12, 2007 been significant information placed on the record. It's the record that we would use to defend any kind of challenge that would come. I cannot predict the outcome. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. Any other questions or comments? (No response.) CHAIRMAN COLETTA: Okay. All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Let the record show the vote was 4-1, with Commissioner Henning being in the opposition. Mr. Mudd, 5:57, we're done until tomorrow. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: We'll reconvene at nine o'clock. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:57 p.m. Page 244 December 11-12,2007 (The Collier County Board of Commissioners reconvened on their second day of meeting, December 12, 2007 at 9:00 a.m.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, commissioners, you have a hot mic. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Ladies and gentlemen, welcome back to the continuation of the December 11 th, Board of Collier County Commissioners' meeting. This is December the 12th. We're going to start this meeting like we start all meetings with the pledge. Please stand. Commissioner Henning, would you lead us? (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Mr. Mudd, where are we on the agenda? Item #10C CONTRACT 08-5008 - LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (LASIP) ROY AL WOOD LAKE INTERCONNECT TO MITCHELL & STARK CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,697,387 (STORMWATER MANAGEMENT DEPARTMENT PROJECT #51101)- APPROVED MR. MUDD: Yes, sir. We left off -- we just finished with lOB. That brings us to 10C. This is a recommendation to award Contract 08-5008, Le1y Area Stormwater Improvement Project, LASIP, Royal Wood Lake Interconnect to Mitchell and Stark Construction Page 245 December 11-12,2007 Company, Inc., in the amount of$1,697,387, Stormwater Management Department, Project 51101, and Mr. Shane Cox, Principal Project Manager for the Stormwater Department will present. MR. COX: Well, unless I just got a promotion, thank you, but Shane Cox for the record, Senior Project Manager for the Stormwater Department. This is the phase of LASIP that we have to build entirely within a golf course subdivision. And I'd like to remind the board that at the regular meeting of April 24th of this year, you approved an agreement between the county and the Royal Wood Master Association. So, we have to do this construction according to that agreement and there is some distinct timelines and -- and finishing dates that we have to adhere to. We have a -- what I believe is a very good contractor. Our price came in at about $300,000 less than the engineer's estimate and we're ready to go. I have a par one if you'd like or good question. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Fiala, second by Commissioner Coyle. Any discussion? Seeing none, all those in favor indicate by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye. Opposed? And the ayes have it five to zero. Great presentation. COMMISSIONER FIALA: Yeah. Winning presentation. Page 246 December 11-12, 2007 MR. MUDD: Promotion well deserved. (Laugher.) Item #10D THE STATUS OF EFFORTS TO RESOLVE MINERAL RIGHTS ISSUE, PROVIDE ADDITIONAL INFORMATION UPDATE AND TO MAKE RECOMMENDATION REGARDING THE STARNES AGREEMENT FOR PURCHASE IN THE CONSERVATION COLLIER PROGRAM - APPROVED MR. MUDD: Commission, that brings us to 10D and that's to provide the Board of County Commissioners with the status of efforts to resolve mineral rights issues -- or mineral rights issue, excuse me, provide additional information update and make recommendation regarding the Starnes Agreement for Purchase in the Conservation Collier Program. Miss Alex Sulecki, your Senior Environmental Specialist will present. MS. SULECKI: Good morning, commissioners. CHAIRMAN COLETTA: Commissioner Henning, your light is one. Did you want to ask a question before we start? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Go ahead, sir. COMMISSIONER HENNING: Does all the Conservation Collier Properties have mineral rights owned by others? MS. SULECKI: The first time we ran into this issue where someone else owned them was on the Starnes property. All of the other ones, I believe we owned them, yes -- COMMISSIONER HENNING: Okay. MS. SULECKI: -- fee simple. COMMISSIONER HENNING: Well, I guess I have a concern if Page 247 December 11-12,2007 we're buying property against a, you know, like CREW lands or even Everglades National Park. Are we -- are we really doing justice by allowing people to have mineral rights that can put a well on the site? MS. SULECKI: Well, interestingly, with the Starnes property, that's a half section there. The other half section to the east was also owned by the Starnes family, same group of owners, and the district bought it 15 years ago to make as a part of CREW, has the same issues with mineral rights, they have active wells. I believe the consideration was the resource was so significant that they were willing to accept those things that weren't entirely as they would like them. COMMISSIONER HENNING: Well, I guess I have a concern about, let's say they do put a well on this property and it's not managed right or mistakes happen and there's spillage on the land, who's responsible for that? MS. SULECKI: Well, I know that oil extraction is governed very closely by the State of Florida, and I brought the state statute. I'll be happy to give that to you. COMMISSIONER HENNING: No. I just wonder -- MS. SULECKI: There's a lot of -- COMMISSIONER HENNING: -- who's responsible in case there's a spill on the property. MS. SULECKI: Well, I can't answer that question, not being an attorney. Sorry. CHAIRMAN COLETTA: Do we have an attorney in the house that may answer this? MR. KLATZKOW: We would look obviously to the lessee, who had the spill, but at the end of the day property owners are responsible for their property, and we could be liable for that cleanup if the lessee, who handles all the rights, didn't do it. COMMISSIONER HENNING: Okay. I guess that's a concern Page 248 December 11-12, 2007 that I have. CHAIRMAN COLETTA: Okay. Commissioner Halas. COMMISSIONER HALAS: Alex, where are we in regards to acquiring those mineral rights? In the executive summary said it was 22 percent. Has there been an increase from the 22 percent? MS. SULECKI: Yes, sir, there has. Right now we have waivers from 50.17 percent of the owners. We also have waivers, that people have told us, from Canada who don't have fax or access to electronic equipment, that they're in the mail and that we should receive them very shortly and we'll have 52 percent. COMMISSIONER HALAS: Okay. But to really make this a viable piece of property, we need to have a hundred percent, wouldn't you think? MS. SULECKI: I -- I'm not a hundred percent sure about that because here's what I understand. We were going for 51 percent because that's what the state agencies told us we needed to have. And also the oil, the gentleman who's got the oil lease on this property, he always get 51 percent of ownership to -- for leases. So, we were heading towards that when the question came up, where did this come from, what's the state -- the citation for 51 percent? There -- there isn't one. We couldn't find one. So, I'm assuming that that's a majority type of thing. Now, we did ask our planning and engineering staff what it would take to excavate or do work such as that on the property, and they said they always need a hundred percent of owners to buy in for a conditional use, for some kind of blasting. So, I think the 51 percent is -- is a majority. And at this point in time, 50.17 percent, we actually do have a majority. COMMISSIONER HALAS: Okay. The -- the mineral rights Page 249 December 11-12, 2007 that we're discussing other than oil, the other mineral right, if it's considered a mineral, would be limestone. Is limestone considered a mineral? MS. SULECKI: That's the one we're concerned about, yes. COMMISSIONER HALAS: Okay. That's the biggest one. MS. SULECKI: That's the waiver issue. COMMISSIONER HALAS: Okay. MS. SULECKI: That's the one we have the waivers on. COMMISSIONER HALAS: And that's the one. Do you feel at this time that if we continue this on, that we may have the possibility of getting additional owners that have mineral rights to this property to give those up for -- for Conservation Collier? MS. SULECKI: I think it's quite possible, yes. COMMISSIONER HALAS: Okay. MS. SULECKI: I -- I couldn't guarantee it but -- COMMISSIONER HALAS: Okay. I think, myself, I would feel more comfortable if we could have commitments from the owners there that we get as much of the mineral rights off there because this is going to be conservation land that's going to be put into perpetuity as a preserve and then someone has the -- the ability to go in there and destroy the land to extract the minerals off of that, I got some real concerns on that. MS. SULECKI: I understand your concerns. I think the -- the reality of it is that the risk is very low, and if you look at the next door property with the district owning it and the same conditions existing and they have no waivers. I think if I were a rock miner, I would go there first. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Yeah. There still seems to be some confusion about the rights of people to extract minerals. I guess I just need to ask a general question. If we were to Page 250 December 11-12, 2007 purchase this property, can we be absolutely assured that we have the tools necessary to prohibit mining on this property? And I think the answer is no. MR. KLATZKOW: No. COMMISSIONER COYLE: Okay. Will we ever get there? MR. KLATZKOW: I don't think you'll ever get a hundred percent unless one approach would be that the county, I suppose, could condemn these rights and just buy them from these people. I don't know what these rights are worth. It could be relatively low, it could be relatively high. I just don't know. COMMISSIONER COYLE: With respect to the price that we're paying for this, was all this taken into consideration when the -- the price was determined? MS. SULECKI: I believe it was, yes. COMMISSIONER COYLE: How do we do that if we don't know what the value of the mineral rights really were? If you don't know how much money someone can derive by mining this -- this property, how did you adjust the property? How did you adjust the price? MS. SULECKI: I have to have the appraiser here to answer that. I don't know the -- COMMISSIONER COYLE: Okay. MS. SULECKI: -- the answer to that. COMMISSIONER COYLE: Okay. Then I agree with Commissioner Halas. We need to continue this because we -- we can't approve something where we really don't understand the impact. We have no way of controlling it. And, furthermore, you're interested in doing something with the Pepper Ranch. You're going to be out of funds after that, I suspect. And I -- my feeling is we just need to continue this until such time as we can get these questions answered. MS. SULECKI: Do we have a time limit, I think, on this? Page 251 December 11-12, 2007 MR. KLATZKOW: Yes. We have an arrangement where we need to come to some sort of decision by December 16th, which is a Sunday, so I'd actually prefer December 14th, or we have to have the property owner or the seller agree to an extension of contract pending further negotiations. COMMISSIONER COYLE: Well, if that's the case, I'll either make a motion to continue or I'll either make a motion to deny, because I -- I would be willing to pass up the opportunity to purchase this rather than -- than get ourselves involved in a situation of buying this property and then finding that somebody's going to come in and create an earth mine in the middle of it. I'm just not going there. So, tell me what you would prefer to do; a continuation or a denial? There's no assurance that either will pass, okay. It's just -- just what I'm going to -- I'm going to make a motion on. MS. SULECKI: I personally don't think we're ever going to get a hundred percent satisfaction if that's what you're seeking. COMMISSIONER COYLE: Okay. MR. WEIGEL: Well, let me jump in here. The commissioner is asking about whether to continue the process and get more information back to the board to provide further certainties as to whether there can be or can't be some kind of earth mining in the future. And, of course, the record already reflects, Alex, your statement that to go forward they would need a conditional use and an excavation permit which would come from the county. Part of the additional research that we will do to see is if, notwithstanding, that there may be 49 percent or a declining percentage based on what you've told us of these OGM rights, whether in fact the board through it's approval process of permitting and conditional use, and it ultimately holds the -- the trump card anyway. And we can get back to the board with that. It looks like -- I think Page 252 December 11-12, 2007 Mr. Coyle is saying that if we continue the item, these are the kinds of questions he wants definitively answered as well as anything further we might learn from the -- from the property owner himself. COMMISSIONER COYLE: That's right. Ifwe can find a way to control the property so that it really is preserved, I'm happy. But I haven't heard enough to convince me that that's true yet. So, Jennifer, what we are going to do? MS. BELPEDIO: Assistant County Attorney Jennifer Belpedio. I would just like to remind the board that it takes both or, actually, all three parties to the agreement to extend the agreement to give us further time, so certainly the board can vote to extend, but we also will need approval from the property owners. Of course, I can -- I can tell you that the CREW would likely -- likely give us an extension. But, nonetheless, if we can't get the approval of the property owners in time, then the board has to make a decision as to whether or not it needs to terminate, and we don't have another meeting coming up before that deadline. So, I -- I would recommend that the recommendation be if you do want to extend, would be extend with a -- with a condition that the property owners agree to it, and if they don't in time by this Friday, then authorize the County Attorney's office to exercise the Board of County Commissioners' rights under the agreement to terminate, and -- and then we would be able to properly notify the property owners of -- of the board's intention. COMMISSIONER COYLE: Okay. Then my motion is to continue this -- this item until such time as the County Attorney has the chance to determine if the property owners will agree to a continuation of the closing on this property. And if not, we will then give instructions to terminate the purchase agreement. COMMISSIONER HALAS: I'll second that. Page 253 December 11-12, 2007 CHAIRMAN COLETTA: Okay. Motion by Commissioner Coyle, second by Commissioner Halas -- go -- go ahead, please. MS. BELPEDIO: Before you go forward, I would like to clarify my OpInIOn. I need the direction today as to what to do because the deadline is this Friday. I'm sorry, Commissioner Coyle. I -- I want to make sure that the board -- if they're extending directs us to contact the property owner, find out if they agree to the extension, if they do not, then direct our office to terminate the agreement. Something else that I had not mentioned is that you might want to include a time period for the -- the extension of time for the agreement. Probably should give ourselves a couple of meetings to bring this back to you. COMMISSIONER COYLE: 60 days? 60 days, okay. Then if -- ifthere's an agreement to extend the time -- the closing, then -- then we will extend the closing for 60 days. MS. BELPEDIO: Okay. CHAIRMAN COLETTA: Second agree? COMMISSIONER HALAS: Uh-huh. CHAIRMAN COLETTA: With that, let's go to Commissioner Fiala, then Commissioner Henning, then back to Commissioner Halas. COMMISSIONER FIALA: I'm going way back to where -- before the guys started here, although they had very good questions and I appreciated those, and we -- we're all concerned about the mining. That's the big thing. We're all concerned about the mining. But is there another way around it, such as in the agreement that we write, in the sales agreement that we write with them, the contract, couldn't it say something about we will never -- never authorize any conditional use for mining on this property? MS. BELPEDIO: I wish it were able to be that way. We do have that provision in the agreement, but what we have is the property Page 254 December 11-12, 2007 owners making such representations. There are persons that own oil, gas and mineral rights that are not parties to this agreement. They are not fee owners. They just solely own the oil, gas and mineral rights. That's why we're seeking the -- the separate waiver, separate instrument. COMMISSIONER FIALA: But I -- I'm only talking about the mining part. Can we do that? We cannot? We can't put a provision in there that says future commissioners can never approve a conditional use, nor can it be approved administratively? MR. KLATZKOW: No, you can't do that. COMMISSIONER FIALA: No. MS. BELPEDIO: The leverage that we have as far as the conditional uses not so much that we are the governmental authority that approves it, but I think it's the leverage that we have as -- we would be the -- potentially the property owner. At the time would be a co -- we would be -- we'd be an owner and that would be our leverage. I wouldn't want you to mix up your authority as the board for the CU with the ownership of the property. COMMISSIONER FIALA: This property is very important to that whole region. It's -- it's very important. And it's -- and it's important also when it comes right down to our -- our water, future water supplies, and so forth. And -- and I don't know that people realize how important this piece of property is. I don't want to lose it ifthere's a way that we can assure that it's never mined. The rest of the stuff, I -- I know that we -- we -- we can go along with. And if this 52 percent possibly, if she gets these letters in, guarantees that -- that they can never have a conditional use? Then I'm -- I'm for buying the property. Page 255 December 11-12,2007 MR. KLATZKOW: Commissioner, a future board of county commissioners years from now can decide that there is a significant shortage of rock in this county and that it would be in the best interest of the county to open this up for mining. There's nothing this board can do about that. I mean, that would be for a future board of county commISSIOners. COMMISSIONER FIALA: Well, they can do that on any piece of property then. MR. KLATZKOW: Yes. COMMISSIONER FIALA: Is that correct? MR. KLATZKOW: Yes. That's correct. MS. SULECKI: It's not just the Starnes property. Excuse me. Even it's under the Conservation Collier Ordinance? MR. KLATZKOW: You know, the board with a stroke ofa pen can amend that ordinance. COMMISSIONER FIALA: Well, then they could -- they can do that to any property, so that isn't -- that isn't a consideration here because we're not talking about just this piece of property. We're talking about any property around Collier County that Conservation Collier owns or that we own or whatever. Okay. Fine. So, is there a way then that that 52 percent can again prevent the -- the other 48 percent from going in and mining? MS. BELPEDIO: We're in a better position by having over 50 percent. We might by having an extension agreement get up to 60 percent. I think that we're in the same situation if we have over 50 percent or 60 percent. I don't -- I don't see much difference. I don't believe we'll ever get a hundred percent just like that. That's just the way it will be. But as I mentioned, the -- from -- and from what Alex has Page 256 December 11-12, 2007 advised the board previously, this is an important parcel and you're going to have to weigh the risks with -- against the -- the -- COMMISSIONER FIALA: The importance. MS. BELPEDIO: -- the importance of the property. As Alex mentioned, there is a 280 acre parcel that was acquired by South Florida Water Management with the same land use consideration. This was in 1994. I spoke with the attorney for the district recently. He's still with the district. And what he told me is that the district felt that there was very little reason for concern. I'm not saying that you should just do what the district has done, but at the same time, you know, knock on wood, it's been 13 years and so far so good. COMMISSIONER FIALA: Well, I'll-- I'll go along with the other commissioners about continuing, but I want us to remember how important this piece of property is to -- to our -- to our water supply and to the Corkscrew area, Corkscrew Regional Echo System Watershed area. MS. SULECKI: Excuse me. I have a very strong concern about the some of the things I've heard and I just would like to explore them a little bit more. County Attorney, you said that the ordinance can be amended with the stroke of a pen, but in the ordinance it says it can't be -- the purposes and goals cannot be amended without a public referendum. My concern here is that people who offer their property to Conservation Collier, if they hear that it can -- the ordinance can be amended and it can be rock mined with a stroke of a pen, I'm not sure who's going to offer their property to us. COMMISSIONER FIALA: But it has to go to referendum. MS. SULECKI: That's what the ordinance says. COMMISSIONER HENNING: Well, the ordinance can be changed. MR. WEIGEL: That was just a shorthand statement to indicate Page 257 December 11-12, 2007 that, yes, the ordinance can be changed. Now, we didn't walk through the procedures that are there. The way that -- the way that the ordinance is set up, yes, the board is -- the board and the county are sort of in a trust situation for these properties. That's not to say though that a -- a future board could in fact do what it needs to do, public health interest, safety, welfare, walking through what is necessary to do relative to this ordinance to achieve a change. MS. SULECKI: So, I'm not sure what I tell people if they ask me, if! sell you this property, is it going to be conserved into perpetuity like your ordinance says? COMMISSIONER FIALA: Yeah. I think we're getting -- COMMISSIONER HALAS: Yeah. COMMISSIONER FIALA: You know, we're getting really carried away with this and it -- and it shouldn't be. I think we should be taking the ordinance as it stands as we support it, and we ought to be thinking of the importance of this land and the -- and -- and I can understand continuing it to get more signatures on here, but we need to move forward with this board. CHAIRMAN COLETTA: I agree Commissioner Fiala, and I might also add that there's so many entities out there that could in the future upset this whole balance. It could be everything from the State Government to the Federal Government to come in and impose new regulations. We can't deal with that. We can only deal with what's before us today and trust in the good faith of the people that follow us to continue to do the right thing. And speaking of the right thing, we're going to Commissioner Henning. COMMISSIONER HENNING: Well, I -- I guess we learned a lot today, and I hope we don't run into this in the future, they question Page 258 December 11-12, 2007 after we get the heck down the road thus far. Miss Sulecki, is there anything different that we're going to do in the future about these mineral rights and purchasing the properties? MS. SULECKI: Well, I think we just have to meet them as they come and deal with them the best way we can. I -- I don't know what other answer I can give you on that. COMMISSIONER HENNING: Would you recommend that you ask the property owner for the information about mineral and service rights before coming to the board for consideration? MS. SULECKI: Yes. We know that information before we come to the board. MS. BELPEDIO: We do that. COMMISSIONER HENNING: You do that. MS. BELPEDIO: We -- Commissioner, we did -- we were aware of these issues -- COMMISSIONER HENNING: Okay. MS. BELPEDIO: -- and we will be on all properties. I think that Conservation Collier balanced the importance of the property with some of their concerns. COMMISSIONER HENNING: Well, I guess it's something that __ that I missed personally on our agenda. And I'll try to capture it in the future. MS. SULECKI: This was -- COMMISSIONER HENNING: I didn't know it was an issue. MS. SULECKI: Throughout the -- the whole bidding process, this was known. COMMISSIONER HENNING: Well, if it gets to our level, then __ and it -- and it was on our agenda, then -- then I need to do a better job personally. I don't -- I don't have the time to -- to view all the advisory board and -- and what is discussed. MS. SULECKI: I'm sorry. This is information that's in your Page 259 December 11-12, 2007 executive summary today? COMMISSIONER HENNING: Yeah. MS. SULECKI: Okay. I -- I thought we had brought this to you in each executive summary -- COMMISSIONER HENNING: I'm saying if -- MS. SULECKI: -- and not -- COMMISSIONER HENNING: -- if you did, I just made a mistake and I need to be more cautious of it. CHAIRMAN COLETTA: Okay. I'm going to -- before we-- and I'd like to try to keep the focus on the motions before us right now. Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: I would think that the conditional use would -- whatever board sits in regards to any type of rock mining, I would think that any future boards or even if this board came before us, that we could weigh all facts in that we could deny the conditional use. Am I correct? MR. KLATZKOW: Yes. COMMISSIONER HALAS: Okay. So, that gives me -- CHAIRMAN COLETTA: Okay. Stay with the motion if we can. Commissioner Coyle. COMMISSIONER COYLE: I don't have anything more to add to -- CHAIRMAN COLETTA: Right. COMMISSIONER COYLE: -- to this. CHAIRMAN COLETTA: Is there anything else to add to this before we vote on the motion? Mr. Mudd, go ahead. MR. MUDD: I want to make sure I've got this motion right because I heard some things, I heard the motion, I heard -- I heard Page 260 December 11-12, 2007 Jennifer said she needed something, and so I'm going -- I'm going to go through the motion one more time. It's to continue the purchase agreement for 60 days. During that period of time the County Attorney will research conditional use avenues in this property and majority of -- of mineral rights owners releasing their particular rights as far as surface mining are concerned. Ifthere's no agreement by Friday, you're -- you're one of three parties, okay, we don't know what the other two parties are going to do with this continuance for 60 days. If there's no continuance agreement with the parties on Friday, you have a drop dead date of Sunday, the 18th, is that correct, and at which time no agreement, we terminate this purchase. And I believe that's what Jennifer was looking for as far as direction is concerned. I believe that the termination piece was not part of your motion, but I wanted to make sure that that's clarification. And, sir, if you would add that to your motion, I believe Jennifer has what she needs. MS. BELPEDIO: I do. I would. COMMISSIONER COYLE: If -- if -- if you don't reach an agreement for a continuation, isn't it canceled anyway? MS. BELPEDIO: Under the terms of the contract, we would have to provide notice to the property opener that our due diligence revealed that the oil, gas and mineral rights were an obstacle to our use of the property. It's -- it's more ofa formality. But, technically, you are correct. COMMISSIONER COYLE: Okay. And then why don't we include that in our agreement, that we will notify the -- the property owner that the oil, gas and mineral rights are an impediment to our purchase. We would like some additional time -- MS. BELPEDIO: Right. COMMISSIONER COYLE: -- to pursue that. And if we get the Page 261 December 11-12,2007 additional time, everything is fine, right? MS. BELPEDIO: Sure. COMMISSIONER COYLE: We don't have to cancel anything. MS. BELPEDIO: True. COMMISSIONER COYLE: If -- if the owner says, no, we're not going to give you additional time, we don't have to cancel anything. We've given them the notice that there is what we consider to be a defect. MS. BELPEDIO: It could be structured in a way that one letter can accomplish both. COMMISSIONER COYLE: Yeah. MS. BELPEDIO: -- both, but I just want to make sure that we comply with the terms of the agreement as far as notice. If -- if we don't then, we're -- we're having to close on December 17th, so I can certainly exercise your rights under the agreement to do whatever steps are necessary to either continue or terminate if a continuance or extension can't be reached. So, I -- CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: I'm a little bit nervous about one thing in the motion. I -- I understood that we were concerned about the mineral rights as being a deterrent and we accepted the idea that oil and gas explanation -- exploration would be acceptable if they did it under certain circumstances. This might change the whole dimension of it. I was concerned about them going in like Commissioner Fiala and -- and for the mining of lime rock. COMMISSIONER COYLE: Well, I'm concerned about them doing all of those things. I'm -- I'm concerned about them doing -- mining for lime rock, I'm concerned about them going in and mining for oil. You -- you heard that we would be liable ifthere's any -- any Page 262 December 11-12, 2007 serious environmental damage. CHAIRMAN COLETTA: Well, let me ask this question of you. The oil and gas, was this part of the understanding that you were sent forward to get them to sign off on that or just the mineral rights of surface mineral right? MS. BELPEDIO: The surface and -- and limestone rights are what we're seeking to get waived off on the -- CHAIRMAN COLETTA: Well, Commissioner Coyle just mentioned about oil and gas and I think -- MS. BELPEDIO: Right. CHAIRMAN COLETTA: -- that that's a killer to this whole deal. MS. BELPEDIO: That likely would be. CHAIRMAN COLETTA: You see, I need for you -- COMMISSIONER COYLE: You're not going to get any waivers on the oil and gas rights. Is that what you're saying to us? MS. BELPEDIO: It's kind of like a term of art, but oil and gals, as we more commonly would call it petroleum, sulfur, that sort of stuff, we were not pursuing waivers. The property owners for the sellers and the other oil, gas and mineral rights owners are not releasing those rights, will not. COMMISSIONER COYLE: So, we're not even trying to do that. MS. BELPEDIO: Correct. It's the surface rights, the limestone, ifthere's clay, any other sedimentary substances. And the difference -- the difference is really, you know, the drilling for the oil is more compartmentalized. It's a very small portion of property. Obviously, I guess, drilling for -- or excavating for limestone is -- takes up -- COMMISSIONER COYLE: But-- MS. BELPEDIO: -- really compromises-- COMMISSIONER COYLE: -- the last time -- Page 263 December 11-12, 2007 MS. BELPEDIO: -- the property. COMMISSIONER COYLE: The last time we -- we talked about this, we were told that the people who had the oil rights would likely drill diagonally under, from this property to an adjacent property. And -- and that's the way they would mine this or vice versa, drill diagonally from another property onto this property -- MS. BELPEDIO: Right. COMMISSIONER COYLE: -- so that -- that the risk of environmental damage would be minimized on this particular property. Now, in this report we're being told they're not going to do that. So, the thing that has changed from the last report, the last time we talked about it, is the last time there were not going to be oil wells on this property. They might very well extract oil from beneath this property, but they'd do so by drilling diagonally from adjoining property. Now, we're talking about having oil wells physically located on this environmentally sensitive property. That causes me some concern. MS. BELPEDIO: I understand. COMMISSIONER COYLE: That is a change in the condition. MS. BELPEDIO: Yes. COMMISSIONER COYLE: And -- and I -- I don't have the knowledge and information to -- to make an informed judgment about what our potential risks really are. And I'm only asking for some additional time -- MS. BELPEDIO: Sure. COMMISSIONER COYLE: -- to get that information-- MS. BELPEDIO: Sure. COMMISSIONER COYLE: -- otherwise we could buy this property and next year there could be a hundred oil wells sitting on it. And I don't -- well -- but -- but in any event, I -- I guess I just Page 264 December 11-12,2007 don't envision that as being the purpose of our buying conservation property but -- MS. SULECKI: May I add one more thing to that? The oil leases exist. There is going to be oil drilling on the property. The risk of extraction of minerals is there. It's minimal at this point, but it is there. If we don't buy the property, oil is still going to be drilled and the potential for rock mining goes up. COMMISSIONER COYLE: And -- and you have a lot of money you can use to buy some other property. MS. SULECKI: True. But this is very -- this -- in Collier County, this is a -- a very important piece. COMMISSIONER COYLE: Okay. But if it's a very important piece, Collier County Commissioners have an obligation to take into consideration the importance of that property any time we're considering permits -- MS. SULECKI: I respect that. COMMISSIONER COYLE: -- including conditional use. Right now, if somebody wanted to go in and earth mine this area, we could say, no, it is a very important environmentally sensitive area and we're not going to let you have a conditional use to do that. We don't have to own it to do that. We can't shut out the oil wells anyway, so they are a given. They're going to be there. MS. SULECKI: They're going to be there. COMMISSIONER COYLE: Whether we are buy it or not buy it, they're going to be there. But the -- but the -- but the earth mining doesn't have to be there even if we don't buy it. MS. SULECKI: Understood. COMMISSIONER COYLE: There is no obligation for us to do that. So we can protect this property whether we -- we can protect part of it, whether we buy it or not. Page 265 December 11-12, 2007 CHAIRMAN COLETTA: Sum up your motion, please, so we -- COMMISSIONER COYLE: I wish I could. COMMISSIONER FIALA: Let me just insert here. Do you say that there are going to be oil wells, but, you know -- and you say we could protect this property, but we can't protect it from development and we can't protect the environmentally sensitive portions of this property, and that's what we're trying to do here. COMMISSIONER COYLE: Why not? COMMISSIONER FIALA: Because they can sell it to a developer easily enough. COMMISSIONER COYLE: And -- and when the rezoning comes in, don't we have something called -- COMMISSIONER FIALA: Yes, but we can't -- we can't rob people of their property rights, their property rights. COMMISSIONER COYLE: Well, they don't have any property rights until it's rezones. Okay? COMMISSIONER HALAS: Let me just -- let me see if can -- Commissioner Coyle, I understand your concerns and everything, but if we go after the oil and gas right, then I'm going to have to pull my second. COMMISSIONER COYLE: Oh, I'm not saying we go after all the gas rights. I'm saying it's going to be there whether we do anything or not. COMMISSIONER HALAS: Well, okay. I just want to know where we stand because it's important that where my second is I feel that this piece of property is very, very important to the CREW area and to that slew, and also for the recharge of -- of water, and I just want to make sure that we're on the right path here. And I'm hoping that if the -- if we get the okay from the -- from the sellers here, that they will give us the 60 days so we can see if we can get some additional mineral rights in regards to the surface mInIng. Page 266 December 11-12, 2007 That's my biggest concern. CHAIRMAN COLETTA: Yeah. We're repeating ourselves here. Mr. Mudd -- COMMISSIONER FIALA: No, he isn't. CHAIRMAN COLETTA: I know. I know. And it's so important. But I just want to get us on track. Mr. Mudd, you heard what this motion is. Read it back to -- to us the way you now understand it. MR. MUDD: Well, I don't think the motion changed much. COMMISSIONER COYLE: It hasn't changed at all. MR. MUDD: To continue the purchase agreement for 60 days, County Attorney to look at the aspects of conditional use to see if the majority of landowners, how much that weighs into a conditional use decision by the Board of County Commissioners. The key here is we have to close on this agreement to either purchase or not by Sunday. If the parties, the other two parties, are not willing to extend this contract, we're going to have to give notice, if the board so desires, that we're not going to purchase the property. And that's only if they won't agree to the 60-day extension. CHAIRMAN COLETTA: That -- that is your motion, correct? COMMISSIONER COYLE: Not really. The last part was modified very slightly, where we instructed the attorney to take whatever actions are necessary under our purchase offer to inform the buyer that there are impediments to our closing. That doesn't necessarily mean that we won't buy it, okay, but there's an obligation that we provide notice ifthere's some problems associated with the -- the -- but, now, let -- let me say this. It's not my intent to kill the purchase. What -- what I would hope is that we could get the extension. The question arises if -- if we don't get the extension, what are you going to do? Page 267 December 11-12, 2007 MS. BELPEDIO: I'm going to have to notify the property owners that the Board of County Commissioners will not be purchasing the parcel, but that doesn't mean that you can't enter into an agreement at a later point in time if the property is still available for sale. But that's just the way -- the way the market may be. It might be there and it might not be. You know, I do know that one of the property owners was relatively adamant about closing in December, but at the same token, 60 more days to get paid a large sum of money might be enough to convince the -- the seller to wait a little while. But you don't know until you ask and you exercise your -- your rights under the agreement. COMMISSIONER COYLE: Okay. I'll tell you what. I'm going to withdraw my motion. CHAIRMAN COLETTA: Well, let's give the opportunity to someone else to make the motion. COMMISSIONER COYLE: Yeah. That's fine. CHAIRMAN COLETTA: You can intercept. COMMISSIONER HALAS: I -- I withdraw my second. CHAIRMAN COLETTA: Okay. Did you want to make a motion since you were the second? COMMISSIONER HALAS: No. I'll let Commissioner Fiala to see what she -- how she's going to frame it. CHAIRMAN COLETTA: Once again we're-- COMMISSIONER HALAS: I just don't want to lose this land. I'm very -- CHAIRMAN COLETTA: Yeah. We understand that. COMMISSIONER HALAS: I'm very concerned about where-- where we're going. CHAIRMAN COLETTA: And we want to keep this thing on track. Page 268 December 11-12, 2007 Commissioner Fiala, did you want to frame the motion? COMMISSIONER FIALA: I'm going to do my best. I'd like to make a motion that we proceed with the purchase of the Starnes property and continue to gather other waivers for the mining rights on this property. CHAIRMAN COLETTA: Surface mining rights. COMMISSIONER FIALA: Surface mining rights, thank you. Yes. Short, sweet and simple. COMMISSIONER HENNING: Timeframe? COMMISSIONER FIALA: No. COMMISSIONER HENNING: No-- COMMISSIONER FIALA: Continue to purchase -- COMMISSIONER HENNING: Continue to purchase it just as IS. COMMISSIONER FIALA: Yep. Yep. We've already got just about 52 percent. I would like to see more people sign in their waivers. We'll never get a hundred percent, but I think we need to move forward with this. And it would be -- and -- and we don't know that they would extend this -- this negotiation anymore, so I think we ought to just move forward with it. COMMISSIONER HALAS: I second that. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a second by Commissioner Halas. Okay. Now, discussion on the motion before us. Commissioner Halas, I didn't turn your light off before. Do you have anything to add? COMMISSIONER HALAS: No. I think that we're moving in the right direction. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: I think that there are some unknowns here but, you know, I -- we can't get all the answers one Page 269 December 11-12, 2007 hundred percent, and I think that to me this piece of property is very valuable for our inventory for protecting lands here in Collier County, and -- and I'm to the point where there's unknowns. We'll face it when -- ifthere's some unknowns that we don't know about, we'll face it when I -- when it comes before us. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: Yeah. It's -- it's a risk I'm not ready to take until I feel more sure that the goals and objectives of Conservation Collier is met and I just haven't heard that -- CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: -- so -- and I'm not trying to convince anybody. We need to move on. COMMISSIONER FIALA: Okay. Let me just throw in here South Florida Water Management District is also there as kind of a protector because they own the adjacent property, plus CREW is a-- is a strong part of this and you can bet your boots that CREW is not going to be allowing anybody to go in there and jeopardize their -- their -- their water supply and -- and the purpose that they exist. So, I -- I think that this all plays a very important part to this, and I think we need to move forward. CHAIRMAN COLETTA: And I agree, Commissioner Fiala. If we -- if we try to deal with the unknowns and are scared to move, we've never going to accomplish -- COMMISSIONER FIALA: Right. CHAIRMAN COLETTA: -- anything in this world. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: We -- we have to be firm and be able to move forward on reasonable insurance that we're going to be -- we have the right thing going forward. With that, I don't see any more lights on, all those in favor of the motion, indicate by saying aye. Aye. Page 270 December 11-12, 2007 COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: And let the record show the vote was three to do -- to two with Commissioner Coyle and Commissioner Henning being in opposition and it passed. MS. SULECKI: Thank you, commissioners. CHAIRMAN COLETTA: Thank you. MS. BELPEDIO: Thank you. Item #10E THE PURCHASE OF GROUP INSURANCE EXCESS COVERAGE AND VENDOR SERVICES FOR CALENDAR YEAR 2008 IN THE AMOUNT OF $4,453,417 - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10E. It's a recommendation to approve the purchase of Group Insurance, excess coverage and vendor services for calendar year 2008 in the amount of $4,453,417. Commissioner, Jeff Walker is the Director of Risk Management. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, second by Commissioner Coyle. Anything? Any questions? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 271 December 11-12,2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Thank you, Mr. Walker. MR. WALKER: Thank you, commissioners. Item #14A CRA RESOLUTION 2007-358: A CRA RESOLUTION TO SUPPORT THE COLLIER COUNTY LOCAL AGENCY PROGRAM (LAP) AGREEMENT TO UNDERTAKE A ROADWAY LIGHTING PROJECT ON STATE ROAD 84 (DAVIS BL VD) IN THE GA TEW A Y TRIANGLE AREA; TO APPROVE A MONETARY CONTRIBUTION OF NOT TO EXCEED $200,000 FROM THE BA YSHORE GATEWAY TRIANGLE CRA FUND 187 TO GAS TAX PROJECT NO. 601721 TO ASSIST IN FUNDING THE ROADWAY IMPROVEMENT; AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - ADOPTED MR. WEIGEL: Commissioner, the next item is -- this is -- this item has companion item to 14A. And if -- if -- before we go to lOF, we need to switch gavels, I believe, and go to 14A and -- and handle the matter as the Community Redevelopment Agency for the Bay Shore building features. CHAIRMAN COLETTA: Okay. So, I recess this meeting at this point in time, and turn it over to Commissioner Fiala. CHAIRMAN FIALA: And the CRA board is -- has opened their seSSIOn -- MR. MUDD: Commissioners-- CHAIRMAN FIALA: -- and we will address -- MR. MUDD: 14-- CHAIRMAN FIALA: -- 14A. MR. MUDD: 14A. It's a recommendation for the Community Page 272 December 11-12,2007 Redevelopment Agency to approve a CRA resolution to support the Collier County Local Agency Program, LAP, Agreement to undertake a roadway lighting project on State Road 84, Davis Boulevard, in the Gateway Triangle Area, to approve a monetary contribution of not to exceed $200,000 from the Bayshore Gateway Triangle CRA Fund 187 to Gas Tax Project Number 601721 to assist in funding the roadway improvement, and approve all necessary budget amendments. COMMISSIONER HALAS: Motion to approve. CHAIRMAN FIALA: Second. Any further discussion? All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign. Good. That's passed. The CRA meeting is closed. MR. MUDD: Commissioner, that brings us to-- CHAIRMAN COLETTA: Wait. I've got to go through this. The Collier County Board of Commissioners meeting will now reconvene. Okay. Got to do it by the books, Mr. Mudd. MR. MUDD: Yes, sir. Item #10F RESOLUTION 2007-359: BID NO. 07-4107 SIDEWALK REPLACEMENT AND INST ALLA TION OF ROADWAY LIGHTING ON DAVIS BOULEVARD (SR 84) BETWEEN US 41 (TAM lAM I TRAIL) AND AIRPORT-PULLING ROAD TO QUALITY ENTERPRISES USA, INC. IN THE AMOUNT OF Page 273 December 11-12, 2007 $997,213.49. TO ALSO APPROVE A TRANSFER OF $200,000 FROM COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) AND A BUDGET AMENDMENT TO MOVE THE BALANCE OF FUNDING NEEDED, PLUS A CONTINGENCY FOR UTILITY CONFLICTS OF $50,000.00, FROM PROJECT 601721 TO 601761, FOR A TOTAL FUNDING AMOUNT OF $1,047,213.49. (THIS IS A COMPANION ITEM TO #14A) - ADOPTED Which brings us to 10F. It is a recommendation to award Bid Number 07-4107, Sidewalk Replacement and Installation of Roadway Lighting on Davis Boulevard, State Road 84, between U.S. 41, Tamiami Trail, and Airport-Pulling Road to Quality Enterprises USA, Inc. in the amount of $997,213.49, to also approve a transfer of $200,000 from the Collier County Community Redevelopment Agency, CRA, and a budget amendment to move the balance of funding needed, plus a contingency for utility conflicts of $50,000 from Project 601721 to -- to Project number 601761 for a total funding amount of $1,047,213.49. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Halas, second by Commissioner Fiala. Any discussion? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Thank you. Page 274 December 11-12, 2007 Item # lOG AWARD CONTRACT FOR RFP-07-4131, DESIGN SERVICES FOR GORDON RIVER GREENWAY PARK, IN THE AMOUNT OF $1,240,041.00 TO KIMLEY-HORN AND ASSOCIATES, INC. AND APPROVE THE NECESSARY BUDGET AMENDMENT- APPROVED MR. MUDD: Commissioner, this brings us to Item lOG. This is a recommendation to award and approve a contract for RFP Number 07-4131, Design Services for Gordon River Greenway Park in the amount of$1,240,041 to Kimley-Horn and Associates, Inc., and approve the necessary budget amendment. And Miss -- Miss Margaret Bishop from your Stormwater Management Department will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second, but I'd live to see the -- the drawings. Can we do that? CHAIRMAN COLETTA: Sure. Meanwhile, the motion to approve by Commissioner Coyle and second by Commissioner Fiala. Any speakers on that? MS. FILSON: No. No, sir. MS. BISHOP: Did you want an explanation or did you want me to give you a copy of the presentation? MR. MUDD: No. Do an explanation real quick. CHAIRMAN COLETTA: What do you want? COMMISSIONER FIALA: I think -- I think that the audience should see this, too. I think that this is so exiting for our future. MS. BISHOP: This is the 80-acre parcel that was a part of the larger Naples zoo and surrounding land acquisition that happened in 2005 when we received the $9.9 million grant from Florida Page 275 December 11-12, 2007 Communities Trust for that. The amenities, there are -- the access points, there's going to be two off of Goodlette- Frank Road and one from here and here. And the other access would be off Golden Gate Parkway. It's going to have several boardwalks and trails to connect the greenway. In this area there's going to be two pedestrian bridges over the Gordon River here. This is going to be a shared parking between the zoo and the greenway. There's also going to be a canoe-kayak launch in this area. There's going to be picnic pavilions, parking. It's going in a passive park setting with basically boardwalks and pathways. The proj ect also extends to the 50-acre parcel to the south, which Conservation Collier purchased in 2006, and that's going to be an extension of the boardwalks and pathways. And there's also going to be a bridge over the river here. Do you have any more questions? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: Mr. Feder? MR. FEDER: Norman Feder, Transportation Administrator for the record. Margaret, I'm going to have you confirm this for me, but the primary access basically from the west is going to be Fleischmann and then moving up into that property we will definitely be seeing on this graphic. The other note I want to make is that the access to Golden Gate Parkway itself will not be a signalized location. CHAIRMAN COLETTA: Commissioner Halas and Commissioner Henning. I believe that's the order. COMMISSIONER HALAS: What -- what do we -- what's your timeframe for opening this up? MS. BISHOP: Well, the recommendation is to award the design contract and that would probably take approximately two years if we Page 276 December 11-12,2007 go through all the permitting rezone, so -- COMMISSIONER HALAS: So, this is going to be down the road probably three or four years -- MS. BISHOP: Yes. COMMISSIONER HALAS: -- before we -- people could have access to this area. MS. BISHOP: Correct. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: My question was answered. Thank you. CHAIRMAN COLETTA: Thank you. Okay. Let's see. We didn't vote on that yet, did we? No. Okay. Any other comments or questions? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. We're going to take a 10-minute break before we -- THE COURT REPORTER: Who was the second? COMMISSIONER FIALA: I was the second. THE COURT REPORTER: And who was the first? COMMISSIONER COYLE: Me. CHAIRMAN COLETTA: The first was Commissioner Coyle. I thought I said it -- MS. FILSON: Commissioner Halas made the motion. CHAIRMAN COLETTA: -- but if I didn't, I apologize. COMMISSIONER FIALA: No, no. Commissioner Coyle. COMMISSIONER HALAS: Commissioner Coyle made the Page 277 December 11-12, 2007 motion. CHAIRMAN COLETTA: We're going to take a 10-minute break. (A recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Item #10J DENY APPROVAL OF A $452,984 CLERK INVOICE FOR SERVICES PROVIDED TO THE BOARD OF COUNTY COMMISSIONERS DURING THE MONTH OF OCTOBER 2007 - MOTION TO DENY APPROV AL OF PAYMENT - APPROVED MR. MUDD: Commissioner, the next item on the agenda is 10J and that's a recommendation to deny approval of a $452,984 clerk invoice for services provided to the Board of County Commissioners during the month of October 2007. Mr. Michael Smykowski, your Director of Office of Management and Budget will present. MR. SMYKOWSKI: Good morning, commissioners. For the record, Michael Smykowski. As the executive summary indicates, staff received an invoice that was dated October 17th. It is in the agenda package, Mr. Mudd. It was dated October 17th, 2007 and signed by Dwight Brock. It was mailed to the attention of County Commissioner's Chairman Jim Coletta. The invoice states that the four hundred fifty-two thousand nine eighty-four is for services pursuant to statutory charges provided to the Board of County Commissioners in October 2007. The invoice itself was dated October 17th. The envelope used to transmit the invoice to Chairman Coletta actually reflected a postmark Page 278 December 11-12, 2007 of November 17th, 2007 or a month thereafter, and that was also included in -- in the package. The invoice was received in the Office of Management and Budget on November 29th. There was no transmittal with the invoice and no documentation other than what is currently displayed on the visualizer. As a result, the staff recommendation is that the board deny approval of the invoice and request the Clerk to provide some supporting documentation for the October invoice. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Motion to approve what? COMMISSIONER HENNING: Staffs recommendations. COMMISSIONER FIALA: Oh, well, second. COMMISSIONER HENNING: May I continue? COMMISSIONER FIALA: Yeah. I-- CHAIRMAN COLETTA: I guess. COMMISSIONER HENNING: Well-- CHAIRMAN COLETTA: Continue and -- I don't know if you got a second yet. I couldn't hear. COMMISSIONER FIALA: I-- COMMISSIONER HENNING: Yeah, we do. COMMISSIONER FIALA: I started to but he said may I continue at the same time, so -- COMMISSIONER HENNING: Well, you know, we need to know exactly some more details of it, and that's what you're asking for is more details of payment, right? MR. SMYKOWSKI: Yes, sir. COMMISSIONER HENNING: I don't see anything wrong with that request. Do you? COMMISSIONER FIALA: No. That's why I was seconding it. That's why I gave a second. CHAIRMAN COLETTA: Motion to approve by Commissioner Page 279 December 11-12, 2007 Henning, second by Commissioner Fiala. COMMISSIONER FIALA: That's -- the motion to approve denies the approval of this -- CHAIRMAN COLETTA: That's correct. COMMISSIONER FIALA: -- until we get more backup paperwork. CHAIRMAN COLETTA: Commissioner Coyle. MR. MUDD: Yes, ma'am. COMMISSIONER HENNING: Are you surprised by my motion? Why -- why is this taking so long? CHAIRMAN COLETTA: I'm sorry, Commissioner Henning. Everything is going along here, you know. I don't think anything is taking any longer. We've got a light on. Commissioner Coyle wants to speak and we do it by sub procedures. It's not taking any longer than it ever does. Commissioner Coyle. COMMISSIONER COYLE: Yeah. Well, I think in -- in the interest of full disclosure, what we need to point out, that we received a memo from Ms. Kinzel indicating that the date on the -- on the -- the __ adjacent to Dwight Brock's signature was actually in error. It should have been 11/17, as I understand it. But the other problem is the envelope was mailed on 11/17 and took 12 days to get to the Board of County Commissioners. Do we understand why? MR. SMYKOWSKI: No, sir. All we have is the envelope that was postmarked. I believe it came initially to the board office and then it was routed to the Office of Management and Budget in turn. So, I don't know what day it was received in the board office specifically, but it was a date stamped in -- in the budget office when it was received on November 29th. I brought it to the attention of Mr. Mudd and his direction was to bring it to the board for their review and consideration. Page 280 December 11-12, 2007 CHAIRMAN COLETTA: Miss Filson, can you comment because -- MS. FILSON: We stamp in everything that comes into our office. We didn't have a date stamp on that? MR. SMYKOWSKI: No. I don't believe so. CHAIRMAN COLETTA: Is there any way it could come to our office without being stamped? MS. FILSON: Everything that comes into our office should be stamped. CHAIRMAN COLETTA: So, in other words -- MS. FILSON: And I will check into that. CHAIRMAN COLETTA: -- this showed up in my mail without a stamp on it. MS. FILSON: I -- I will check into that. COMMISSIONER COYLE: Oh, there was no stamp on the -- on the -- on the envelope? CHAIRMAN COLETTA: No time stamp. No. No time stamp on that. COMMISSIONER COYLE: Oh. Oh, I'm sorry. Okay. CHAIRMAN COLETTA: We have-- MS. FILSON: Well, we don't have a time stamp but we do have received by Board of County Commissions and the date. CHAIRMAN COLETTA: And you put the date on it. Yeah. Every document happens that way. MS. FILSON: Yes, sir. CHAIRMAN COLETTA: Is there a possibility it was hand delivered in such a way, Crystal, that we wouldn't have got it through the front desk? MS. KINZEL: No. Commissioner Coletta, maybe I can clarify it a little bit. And thank you for pointing out the scrivener's error that we reference. I deposited that in the mail box on campus on the 17th, so your Page 281 December 11-12, 2007 office probably should have received it Tuesday or Wednesday of that week or somewhere in that timeframe, I would assume, coming straight from Fort Myers. But it was deposited in U.S. postal mail. And for clarification on the detail, the statutory fees that we're assessing are under Statute 28.24 and we will be glad to provide additional backup and information for that. I'd like the board also to understand when we submitted our original budget back in May under the transfer request to the board, we did provide line item detail of the costs of the Clerk's Office and that transfer was denied in the budget process. So, what we've done now is gone back to some statutory costs of __ of documents produced on behalf of the Board of County Commissioners. And I'll be glad to provide that detail. CHAIRMAN COLETTA: May I interrupt you? Commissioner Coyle, go ahead and-- COMMISSIONER COYLE: Yeah. I -- I don't know how much additional discussion is necessary. Does the County Attorney have anything to say about any of this? Okay. All right. CHAIRMAN COLETTA: Commissioner Halas, you motioned a moment ago. You wanted to discuss something? COMMISSIONER HALAS: No. I -- I was just going to say that __ I'll ask Miss Filson if it would have been possible that the date stamp could have been on the backside of the envelope? MS. FILSON: I'm not sure, but we also have a list that we write down things that we forward to other departments. That should have been noted, and if it wasn't, I'll take care of that. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Any other discussion? We have a motion before us to deny. Is there any -- I'm sorry. Page 282 December 11-12,2007 Your light is still on. You're done. Any other discussion? Seeing none, all those in favor of the motion, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? And the ayes have it five to zero. MR. SMYKOWSKI: Thank you. Item #lOK RECOMMENDATION THAT THE BOARD NOT PROCEED WITH THE CLOSING CONTEMPLATED PURSUANT TO THE PURCHASE AGREEMENT FOR 2.5 ACRES OF IMPROVED PROPERTY, APPROVED BY THE BOARD ON OCTOBER 9, 2007, WHICH IS REQUIRED FOR ROAD RIGHT -OF - WAY FOR THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT. PROJECT NO. 60168 (FISCAL IMPACT: FUNDS IN THE AMOUNT OF $420,000.00 PLUS $10,000.00 IN COSTS NOT EXPENDED AT THIS TIME.) - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 1 OK. And this is a recommendation that the board not proceed with the closing contemplated pursuant to the purchase agreement for 2.5 acres of improved property approved by the board on October 9th, 2007, which is required for road right-of-way for the Vanderbilt Beach Road Extension Project, Project Number 60168, fiscal impact, funds in the amount of $420,000 plus $10,000 in costs not expended at this time. Page 283 December 11-12,2007 Mr. Jay Ahmad, your Transportation, Engineering and Construction Management Director from Transportation, and Mr. Kevin Hendricks, your Right-Of-Way Acquisition Manager will present. MR. AHMAD: Mr. Chairman, good morning. I'm Jay Ahmad, your new Director of Transportation, Engineering and Construction Management. Good morning, commissioners. This item is a recommendation by staff not to proceed with the closing of this parcel, and I'll put it on the visualizer, if! may. Back in October 9,2007 we came before you with Item 16B4 with a recommendation to approve the purchase of this two and a half acre parcel. And we stated in that executive summary that through negotiations with the owner attorney, the owner attorney, the lender has agreed to accept 420,000 to write off the loan and the owner has agreed to these terms. There were $10,000 miscellaneous expenses for the attorney. We proceeded with a closing -- to the closing date to discover that the bank would accept much less than that, 395,000, and there were additional expenses, brokerage fees. And at this time we're uncomfortable with this closing and we'd appreciate the recommendation to approve our recommendation of the close of this parcel. COMMISSIONER FIALA: Motion to approve the recommendation by staff to purchase this property at a later date. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by Commissioner Fiala and second by Commissioner Halas. Any discussion? COMMISSIONER COYLE: Yeah. I -- I would like to -- to just say to you that my -- my review of the events associated with thisi Page 284 December 11-12,2007 transaction leads me to believe that there is the possibility that there's circumstances that deserve an additional investigation by somebody. So, you know, I -- I would like to ask the staff to take a very close look at this, and if you believe there are any improprieties associated with any of these business transactions, that they be referred to the appropriate authorities for investigation. Okay. CHAIRMAN COLETTA: You looked up your support. COMMISSIONER COYLE: Yeah. He said I could. COMMISSIONER FIALA: I'd like to include that in my motion. CHAIRMAN COLETTA: Okay. And how about the second? COMMISSIONER HALAS: Second. COMMISSIONER COYLE: We're not alleging that there's anything wrong. We're just saying that there are questions that have been raised and -- and we'd like to have them looked into. MR. AHMAD: May I recommend that the county attorney initiate this investigation, sir? COMMISSIONER COYLE: If such investigation is necessary, yes. MR. AHMAD: Thank you. CHAIRMAN COLETTA: Okay. Everyone agrees to that? COMMISSIONER HALAS: Yep. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: And with that, we have any other discussion? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Page 285 December 11-12,2007 MR. AHMAD: Thank you. Item #10L FY 2007-08 AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COMMISSIONERS AND THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. IN THE AMOUNT OF $1,101,120 AND AUTHORIZE THE CHAIRMAN TO SIGN- APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10L. And it's a recommendation to approve the FY 2007-08 agreement between Collier County Board of Commissioners and the David -- David Lawrence Mental Health Center, Inc. in the amount of $1,101,120 and authorized the Chairman to sign the agreement. COMMISSIONER FIALA: Motion to accept. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Fiala, second by Commissioner Henning. Any discussion? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. COMMISSIONER FIALA: Thanks Marcy. Item #11 Page 286 December 11-12, 2007 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, the next item is Item 12B, and this is a recommendation pursuant to -- excuse me. CHAIRMAN COLETTA: I'm sorry. MR. MUDD: Leo -- Leo is absolutely right. Leo just whispered In my ear. This is Paragraph 11, Public Comment on General Topics. COMMISSIONER FIALA: I had a leftover from yesterday, but I don't see him. It was Mr. Kenneth Thompson. CHAIRMAN COLETTA: We will give him the opportunity if he shows back up here in the course of this meeting to come before us. It's great to have a representative from the public here. Okay. With that, let's go on to 12B. Item #12B RET AINING OUTSIDE COUNSEL TO REPRESENT INDIVIDUAL COUNTY EMPLOYEES REGARDING JAMES AND SHERRY MARSHALL VS. COLLIER COUNTY; JESS (PER EXECUTIVE SUMMARY) JEFF LETOURNEAU AND MICHELLE ARNOLD, CASE NO. 07-4455-CA, IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER, COUNTY, FLORIDA, AND WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL - APPROVED MR. MUDD: 12B. This is a recommendation pursuant to Collier County Resolution 95-632, that the Board of County Commissioners authorized the Office of the County Attorney and the Risk Management Department to retain outside counsel to represent individual county employees sued in James and Shirley Marshall Page 287 December 11-12, 2007 versus Collier County, Jeff Letourneau and Michelle Arnold, Case Number 07-4455-CA in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, and waive the purchasing policy to extend it -- to the extent it applies to the selection of outside counsel. COMMISSIONER HENNING: I make a motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: I also want to say, Mr. Chairman, you know, it's a shame that somebody has decided to do this because Michelle Arnold and Jeff Letourneau has done nothing wrong, but it's his right to go into the Court system to do so. But should -- I just want to -- in the past have we put caps on -- on such suits for representation? MR. WEIGEL: We have not, Commissioner. COMMISSIONER HENNING: All right. Okay. My motion stands then. MR. WEIGEL: Okay. I can say, if! may on this one, we are filing on behalf of the individuals, Michelle Arnold and Mr. Letourneau motions to dismiss. There may be a possibility that there will be no requirement for outside counsel -- COMMISSIONER HENNING: I see. MR. WEIGEL: -- but this provides the assurance if that need should be occur. COMMISSIONER HENNING: Right. They -- they were just doing their job. CHAIRMAN COLETTA: Okay. Fine. Any other comments? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. Page 288 December 11-12,2007 CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Thank you. Item #13A TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 17, 2007 THROUGH NOVEMBER 23, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD. - MOTION TO ACCEPT DISBURSEMENTS EXCEPT THE 2.2 MILLION TO THE CLERK AS REQUESTED BY COUNTY MANAGER MUDD - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 13A. And this is to obtain board approval for the disbursements for the period of November 17th, 2007 through November 23rd, 2007, and for submission into the official records of the board. Commissioner, this item is on the regular agenda because there's one disbursement on it that I had a question about, and I believe the board, based on previous decisions that they've made, this disbursement needed to be explained by the Clerk of Courts, and that's the disbursement of $2.2 million thereabouts on this particular item. COMMISSIONER COYLE: I make a motion that we approve the expenditures with the exception of the two million plus dollars for the Clerk. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, second by Commissioner Halas. Crystal, did you want to enter something into the record? MS. KINZEL: Just for the record, Crystal Kinzel with the Page 289 December 11-12, 2007 Clerk's office. And, Commissioner, the 2.2 is a transfer of the interest income earned, and pursuant to 28.33, the interest income is recognized as income to the Clerk. That's -- it's merely a transfer of those funds for that income amount, not really an expenditure of funds for an expense. So, I just want to put that clarification. CHAIRMAN COLETTA: Crystal, if! may, isn't this the very same interest money that the Clerk promised us would never be spent on anything that the commission did designate? MS. KINZEL: Commissioner, I think that we respectfully disagree with maybe some facts that have been presented, but we're going to address those in a forum where the Board has filed suit against the Clerk, and I think that will be discussed there, but I want to clarify the particular item. CHAIRMAN COLETTA: Yeah. And I really do think that we need to make sure that the public is aware of the Clerk's promise in the past. I have this little placard that we made up that quotes the Clerk exactly what he said at the time. Mr. Mudd, can you see it from where you are to read it off? MR. MUDD: Mr. Chairman, I'm going to try to get the camera on it. COMMISSIONER HENNING: That's a pretty picture. COMMISSIONER FIALA: Where did we get that picture? COMMISSIONER HALAS: It's the first time they've turned the camera on since yesterday. CHAIRMAN COLETTA: Now, ladies and gentlemen of the listening audience, if for some reason you don't see the camera working or the angle isn't right, please call Mr. Mudd's office and the County Manager's office will take care of it immediately. You should be receiving total, perfect reception from one end of Page 290 December 11-12, 2007 this meeting to the other. COMMISSIONER COYLE: And that implies if you're having any trouble with your own television sets at your homes. COMMISSIONER FIALA: The regular meeting will begin shortly. CHAIRMAN COLETTA: You know, this is amazing though. This is probably the only thing on television that you get without any commercial announcement. Now, wait a minute. This whole thing is a commercial announcement. MR. MUDD: Commissioner, you asked me to read it? CHAIRMAN COLETTA: Yes. Just go ahead and read it, Mr. Mudd. I'm sure that they're going to -- they've got the camera going on it but go ahead. You can do both of them at the same time. Stand out in front of us so they know that's where they're supposed to be focusing on. MR. MUDD: I don't know if! can read it. CHAIRMAN COLETTA: Well, stand out front. The camera will follow. COMMISSIONER COYLE: Well, why don't you wait a minute. They're -- they're -- they're ultimately going to be able to get the camera around there. They've already frozen -- COMMISSIONER HALAS: Frozen. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Everything is just frozen right now. It's -- Yeah, go ahead, Commissioner Henning. COMMISSIONER HENNING: Oh, thank you. Well, we know that the -- the Clerk controls and invests all the money, so -- so what -- what can be done in this case? I mean, it -- how are you going to force him to put it wherever you want it? Page 291 December 11-12, 2007 CHAIRMAN COLETTA: Well, I don't think anybody has to force anyone, but if somebody makes a revokable promise as the Clerk made back in -- what was the year, Mr. Mudd? Be great to be able to see this but, of course, we can't. Go ahead and turn -- why -- why don't you just put yourself in -- COMMISSIONER HENNING: What's wrong with the -- COMMISSIONER COYLE: We spend all this money on television and everything and you can't get a simple -- COMMISSIONER HENNING: Mr. Chairman, I have -- COMMISSIONER COYLE: -- placard. COMMISSIONER HENNING: -- the floor. CHAIRMAN COLETTA: No. Mr. Mudd has the floor for the minute. We were asking him to read it. Just read it from where it is and then we'll turn it back over to you so that the audience knows what we're talking about. COMMISSIONER HENNING: Once recognizing a member of the board, others may not interrupt until that point is finished. That's what the ordinance says. CHAIRMAN COLETTA: Okay. Commissioner Henning, I don't know if I agree with you, but I'm not going to argue. I've always went way out of my way to accommodate the board in any particular direction I could and I will do it again now. You go ahead and then we'll come to Mr. Mudd -- COMMISSIONER HENNING: All right. CHAIRMAN COLETTA: -- after you have finish with what you have to say. COMMISSIONER HENNING: I'd like for the County Attorney to answer the question, is, since he has control of all the funds, how you're going to get the money back? MR. WEIGEL: Well, as you know, the -- the Clerk is the custodian of the county funds. What we're talking about here is the interest income generated Page 292 December 11-12,2007 from the accounts placed in investment by the Board of County Commissioners. The question, as Crystal indicated, has been raised in the court proceedings with the Clerk and the county relating to who is entitled to the interest income from those funds. The board -- and Mr. Mudd is prepared to tell you all this, but since the question has come to me, in 2002, the question came up initiated by the Clerk indicating that the Board of County Commissioners was entitled to all of the interest from the -- from -- generated from the income investment of the principal that was invested by the board not used for operating, and that it could come back to the board not following the principal accounts from which it was generated, but that the board in fact could use that money for roads or whatever it wished to in a general sense. And at this point in time, the Clerk is indicating that, apparently, through the agenda item that he wishes to expend the interest income himself or use it or it has been used. Mr. Mudd knows the facts and details on that so, that's the distinction. Crystal has indicated a statute that will be coming into contention relating to the interest to the Clerk. We do have a resolution in place in 2002 and another resolution put in place in September of 2007 relating to the board's intent and understanding for the interest. I hope that answers the question. COMMISSIONER HENNING: It really doesn't. Will that be an injunction that -- that you would put in the -- into the Court to get the -- the money back and direct it where it should go? MR. WEIGEL: Okay. Go ahead, Jackie. MS. HUBBARD: Good morning, board members, Mr. Henning in particular. Page 293 December 11-12, 2007 As you are aware, this matter is in litigation and one of the issues in the litigation is whether or not the Clerk is entitled to use interest earned. COMMISSIONER HENNING: Miss Hubbard -- MS. HUBBARD: Yes. COMMISSIONER HENNING: -- if you're not going to answer the question -- MS. HUBBARD: No, I'm getting-- COMMISSIONER HENNING: -- I'll just drop my question. MS. HUBBARD: No. In the complaint before the Court, the county has requested injunctive relief. That is one of the counts of the complaint. The injunctive relief seeks to enjoin the Clerk from using money earned on board surplus funds. So, ifthere is a remedy, the remedy is part of the litigation that we're currently engaged in, and one of the remedies that has been filed on behalf of the board addresses the issue that Commissioner Henning just raised. CHAIRMAN COLETTA: Okay. MS. HUBBARD: Does that answer your question, Commissioner? COMMISSIONER HENNING: I -- I can see this is adversarial, so I -- I'm not going to comment. CHAIRMAN COLETTA: Adversarial on the part of -- who's part; our County Attorney? COMMISSIONER HENNING: I thought it was a simple question, but that's why -- CHAIRMAN COLETTA: I thought it was a simple question. I thought the answer was excellent. Mr. Mudd, pursuing to the instructions you had earlier, would you read what's on the plaque board at this point in time? MR. MUDD: Yes, sir. It says Board of County Commissioners Page 294 December 11-12, 2007 Meeting, May 14th, 2002, an excerpt from verbatim minutes immediately following Agenda Item Number 10H. And this is -- and this is a statement by Mr. Brock. And -- and it's -- it's got dittos because there was words prior to it. "And when you go through the entire process of what we're doing, the Clerk of the Circuit Court will not get one, I mean not one penny of the interest that we're referring to. Every penny of that will come back to you, with much more or much greater discretion as to how to spend it than you have had in the past." CHAIRMAN COLETTA: Thank you. Is there any other comments or questions before I place this to a vote? Seeing none, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: It was your motion, sir. Okay. The vote was four to one-- COMMISSIONER HENNING: Well, let me -- CHAIRMAN COLETTA: -- Commissioner Henning-- COMMISSIONER HENNING: Can I -- can I address your -- CHAIRMAN COLETTA: -- being in the opposition. Go ahead. COMMISSIONER HENNING: I didn't make the motion, and the reason I didn't make the motion, the statute is clear of saying interest moneys shall be the income of the Office of the Clerk of Court. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yeah. I know -- I was the one that introduced this way back then and -- and as I was talking to the Clerk, Page 295 December 11-12, 2007 I -- I couldn't understand at the time that I introduced it how interest on transportation dollars, for instance, that we got for impact fees and so forth wouldn't go right back to transportation. And the Clerk said, if I collect all this interest, I can earn better money on it and I will then give it back to you. And at the time, I don't know if this is in reply to me, but he said, and I will take not one penny of it. This is your interest dollars not mine. I'm investing it for you and -- and I'm going to give it back to you. And, so, I think that that's what -- what we're talking about. And __ and we just -- you know, we want to back, whether it be to go to parks or whether it be to go to libraries or the roads or whatever, we want to use that interest to further those -- that initiative, and I think it should go into the general fund is what -- of course, I'm telling you what I think. But that's my opinion on it. CHAIRMAN COLETTA: Yeah, Mr. Mudd. Commissioner Fiala brought up a good point. Who asked the question that -- that Mr. Brock responded to? Do you have the -- you don't have that in front of you? MR. MUDD: Hand on. I think Mr. Ochs has the minutes. CHAIRMAN COLETTA: While -- while you're looking for that, let's go on to Commissioner Coyle. COMMISSIONER COYLE: Well, I -- I -- I don't know why there's confusion here. The Clerk said he wasn't going to take any of the interest. No body is entitled to spend taxpayer dollars unless it's properly authorized by the Board of County Commissioners. And -- and that's the crux of this debate that we have, that nobody can just take money and transfer it around and spend it or put it in other accounts unless there is some approval by the Board of County Commissioners. And -- and we're being completely by-passed in this process. Page 296 December 11-12,2007 So, I think it's quite proper that we -- we get this clarified, and I don't know why the Clerk would even object to it. He's already agreed that he doesn't get this interest and that we're going to get every penny of it coming back to us. So, I -- I don't know why there's -- there's any argument here. But, nevertheless, I think we've -- we've got the motion voted on. Yeah. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER HALAS: Does anybody know if any funds have been spent out of this transfer yet, the 2.3 million? MR. MUDD: Yes, sir. I have a 210 report dated 11/2912007 that basically shows -- it basically shows that this $2,279,134.44, which came into this particular account, and then it has -- it has revenues and it has -- also has expenses, and at the end of the account, what's remaining is 1.8 -- $1,872,969.36. If -- if you deposit $2.2 million and you only have $1.8 million left, you spent some money of that particular money, so, yes, it has to answer your question. COMMISSIONER HALAS: Okay. I believe that under the Florida Statute, the Clerk doesn't have the ability to spend funds, am I correct on that, without the approval of the Board of County Commissioners? Maybe you can enlighten me a little bit on this, County Attorney? MS. HUBBARD: Yes. I mean, do you want me to-- MR. WEIGEL: Go ahead, Jackie. MS. HUBBARD: Yes. I think Florida law is pretty clear on the fact that the Clerk receives his own funds from the collection of fees under Chapter 28.24. COMMISSIONER HALAS: And that's courts and other related fees. MS. HUBBARD: Court, recorded fees and things of that nature. Page 297 December 11-12,2007 COMMISSIONER HALAS: Okay. MS. HUBBARD: And we concede that those are funds that he collects. On the other -- on the other hand, there are county funds which are controlled by the governing body of the county, which is the Board of County Commissioners, and these include, among other funds, ad valorem tax collection, things of that nature, that you direct how those are spent. Our understanding of the role of the Clerk and the board is that the Clerk is to spend funds that have been designated by the board to be spent and the board directs the Clerk to issue warrants or checks pursuant to the board's direction on how the board's funds are to be spent. The Clerk of Courts then has the statutory duty to sign off on the signature of the chairman of the board. He does not write checks independent of the board. It's the board's funds, it's the board's money, and it's the board that has the power to direct how those taxpayer funds are spent. And that direction is then given to the Clerk of Courts who, as you know, witnesses the signature of the chairman on all checks that are issued on behalf of the county. COMMISSIONER HALAS: My next question is, how can we get this to a resolution -- get to some type of resolution on this matter as quickly -- MS. HUBBARD: Well, the-- COMMISSIONER HALAS: -- as possible? MS. HUBBARD: The quick -- the quickest method that David and I have discussed is to proceed in the litigation to bring it before the Court and have the Court make a decision on this issue either through proceeding on -- for the injunctive relief or seeking to have this matter go to trial when it's set for trial on the 17th. COMMISSIONER HALAS: 17th of what? Page 298 December 11-12, 2007 MS. HUBBARD: March. It's set for trial -- COMMISSIONER HALAS: We've got to have something done before then. MR. WEIGEL: Right. And we will try, with all due respect to-- to you, the board and the public, to proceed in an earlier fashion on the injunctive relief. COMMISSIONER HALAS: Okay. I think we need to move fast on this. COMMISSIONER COYLE: We've been trying. CHAIRMAN COLETTA: Now, just -- the last question. That-- that particular response was in response to Commissioner Fiala's question. Well, you did research that, right? MR. OCHS: Yes, sir. CHAIRMAN COLETTA: Yeah. So, that -- that answers the question that you asked and you were correct, Commissioner Fiala. Anything else before we take the vote? COMMISSIONER HENNING: We already did. MR. MUDD: You already took the vote. CHAIRMAN COLETTA: We already did. Okay. MR. MUDD: Yes, sir. And it was -- and it was to approve the disbursement -- CHAIRMAN COLETTA: Right. That's correct. MR. MUDD: -- minus -- minus the Clerk's disbursement for $2.2 million and it -- and it went four to one -- CHAIRMAN COLETTA: Four to one. MR. MUDD: -- Commissioner Henning voting against. CHAIRMAN COLETTA: Okay. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 299 December 11-12, 2007 MR. MUDD: The next item is staff and commissioners general communication. CHAIRMAN COLETTA: Okay. Mr. Mudd? MR. MUDD: Commissioner, I have -- I have two items here today. The first item has been Nick Casalanguida told me that we have a __ we have an issue with -- with two of our DCAs, and they're with the Mystique property on Davis Boulevard and the Benderson property on Davis -- on -- on Davis Boulevard, and there's been some holdup as far as the deliverables are concerned. They need a time extension. And it will come forward to the Board of County Commissioners with that time extension on 15 January. We need some direction from the board to staff to hold off on any penalties for them being late until the board can decide that on the 15th of January. Did I miss anything, Nick? MR. CASALANGUIDA: No, sir. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I -- I know that we've had so many problems in the Davis Boulevard area just because of the -- the money that was held back from us, and -- and all of the things that we've had to put together. I'm -- I'm certainly willing to -- to approve an extension of time. MR. MUDD: All we're asking for is that we hold off on any penalties to the DCA -- COMMISSIONER FIALA: Right. MR. MUDD: -- until we can bring this to the Board of County Commissioner -- Commissioners on their next meeting on 15 January so that you could make a -- a formal decision upon the issues. COMMISSIONER FIALA: I'm for it. CHAIRMAN COLETTA: All right. Do you want to form a Page 300 December 11-12, 2007 motion? COMMISSIONER FIALA: Yes. I can -- I can -- the motion is -- I'll motion to hold off on any of the penalties that would be -- that would be placed upon these two properties that -- that are negotiating in the -- that have a DCA until we can meet on the 15th of January to discuss them. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion by Commissioner Fiala, second by Commissioner Henning. Any other discussion? Seeing none, all those in favor, indicate can by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. MR. MUDD: Commissioner, the next item that I have to discuss, I received this yesterday from Miss Chris Stranton, and she's asking to give a presentation to the Board of County Commissioners on the 15th of January to talk about the -- the pending January 29th tax -- property tax referendum that's going in front of the voters, and I was just wondering if the board would like her to present during that particular meeting. COMMISSIONER HENNING: That's-- CHAIRMAN COLETTA: Go ahead. COMMISSIONER HENNING: I -- I need to understand that a bit better. COMMISSIONER HALAS: Yeah. MR. MUDD: It says -- I can give you this -- give you this whole pitch. I'll give you the e-mail. It says -- and, see, this wasn't a petition request. They asked the Page 301 December 11-12, 2007 board to -- to petition on a particular issue. I just got it yesterday. The League of Women Voters of Collier County, a nonpartisan organization, has its mission to encourage the informed and active participation in government. One of the most effective ways to actively participate in the government is to vote. Weare concerned that the residents of Collier County are not aware of the important property tax referendum, which appears on the January 29th, 2008 Presidential Preference Primary. Additionally, the League of Women Voters of Florida and Collier County oppose the tax -- the property tax referendum, one reason being that Florida already has an infrastructure shortage and this property tax referendum will result in the loss of necessary revenue resources at the local level. Therefore, we would like to make a presentation to the BCC at their 15 January 2008 meeting with the purpose of educating the reviewing public on the importance of the upcoming election and inform them why the League opposes the property tax referendum. Please let me know if that would be possible. You may reach me by my cell phone. Signed Chris Stranton, President of the League of Women Voters of Collier County. CHAIRMAN COLETTA: Well, why not just under public petition, just consider that a filing for public petition and -- MR. MUDD: Well, normally under a public petition, they ask the board to take an action. Okay. And in this particular case, they weren't asking the board to take an action, so I -- it wasn't a valid public petition. CHAIRMAN COLETTA: Okay. Commissioner Henning. COMMISSIONER HENNING: Well, if we do this, we should offer it to others because -- because it's -- it's -- it's just not -- it's not fair and equal. And I don't -- I don't think this is a proper forum to do so. That's what the media is there for. Page 302 December 11-12, 2007 Miss Stranton has no problem writing editorials in the -- in the Naples Daily News, and at this time I -- maybe I should ask the chairman to write a letter to offer that venue to her -- to the League, I should say, not to Miss Stranton because she's speaking on behalf of the league. CHAIRMAN COLETTA: Possibly offer this facility to them and if they fail to use it as to perform on the subject? COMMISSIONER HENNING: Well, you have to get both sides of the issue when there's an issue. The problem is you don't know who -- who's on the opposite side. So, until -- until we -- we -- somebody can identify the pros and cons, then -- then it's -- it's just not fair. It -- we don't have to solve this problem. What is being asked is a presentation. All I'm saying is you need to offer the same thing to the other side, but the other side has not stepped up, so -- CHAIRMAN COLETTA: Commission Fiala. COMMISSIONER FIALA: Yes. That's -- that's a very fair approach. And as much as I don't want to say I agree with it, I agree with it because it is fair. Yet, at the time -- at the time we've been struggling as to how to educate the public on -- on what -- what the ramifications are, and you're right, both sides should be presented. So, my question is, county manager, can we ever provide this facility because of the television capabilities and so forth, and even because of our -- our TV channel accessibility, to the League of Women Voters to put together a forum where both sides of the issue are presented, their audience participation, and -- and then we can run that forum on -- on our channel as well. Would that be something that would be acceptable? MR. MUDD: Ma'am, this -- this board has offered this particular Page 303 December 11-12, 2007 facility to candidate forums with the League of Women Voters in the past, and if you're going to -- if you're going to capture that particular issue, I believe you also have to capture Commissioner Henning's Issue. COMMISSIONER FIALA: Well, that's what I said. Yeah. Both sides of the issue. I -- I wouldn't -- the only way to hold a forum is to give both sides. And I -- I believe I mentioned that, but if! didn't, let me make that very clear. This way then you can have a forum where both sides are presented. You can have an audience participation and -- and then it can be replayed and people will get to see both sides. I think it's very important that we playa role in that as well, our county government in -- in -- in some form of giving -- you know, on both sides again we're showing how it will affect us and our citizens and the taxpayers. And a lot of times that isn't presented. Especially if you're reading a newspaper article, they only is so much -- so many lines that they can write anyway. I think we have to give all sides of this issue and -- and -- and how it will affect our taxpayers. CHAIRMAN COLETTA: May I make a suggestion -- COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: -- Commissioner Fiala? The only -- the only flaw to this is if the League of Women Voters hold a forum, they've already stated a position. So, it may be perceived as being top heavy in their direction as far as support goes. Possibly the Elections office could hold the forum and invite the League of Women Voters and whatever entity they would like to and they could form a panel up here to discuss it. And then you have a neutral sponsor that would be able to bring it forward. COMMISSIONER FIALA: We could ask them. CHAIRMAN COLETTA: Is there any other comments on that Page 304 December 11-12, 2007 or thoughts Mr. -- Commissioner Coyle? No, your light is not on. COMMISSIONER COYLE: It's not? COMMISSIONER FIALA: Your lights are off. COMMISSIONER COYLE: Let me turn it on. No wonder I wasn't being recognized. Commissioner Henning and Commissioner Fiala are absolutely correct, but it -- it goes a bit further than that. This would be an improper use of our Board of County Commission meeting. What we don't want to do is use our meeting to produce, and I'll use the term propaganda, not in a negative way, to the public. That's not what we should be doing during our meetings. And I think that we need to keep government entities out of the -- out of the role of sponsoring these kinds of things. There's nothing wrong with the government facilities being used, but to use the Board of County Commissioners or the Supervisor of Elections to sponsor these kinds of things, I think is the wrong thing to do. That -- that is the responsibility of the -- the members of the public and the organizations like the League of Women Voters. I happen to agree with some of their positions on this, but I don't think we should permit our meeting to be used for the purpose of -- of providing so-called educational activities. So -- so I agree with you. I think we need to make the facilities available to any public entity, but we have to -- we have to be careful, otherwise you're going to have individuals coming in and wanting to use our television facilities and everything to get their personal positions out on this. We have to be very careful about how we do it and -- and who is a recognized or what is a recognized organization. So, that being said, I would -- I would support your motion. I would like to encourage Miss Stranton to continue trying to educate Page 305 December 11-12, 2007 the voters of Collier County, but just not do it during our Board of County Commission meeting. CHAIRMAN COLETTA: I -- I -- I just want to make sure you don't misunderstand. Are you suggesting Supervisor of Elections put on a forum that would have been in the evening and the county -- Collier County Commission would not be holding a meeting? COMMISSIONER COYLE: No, I'm -- I'm saying -- but the -- you see the Supervisor of Elections also has -- is affected by this because their operating expenses are going to be affected. And -- and it might be perceived by someone that the Supervisor of Elections is trying to buy us the vote. And, after all, they're the agency that's the spokes -- try to make sure the vote is -- is fair and unbiased. So, you wouldn't want the Supervisor of Elections involved in coordinating that kind of thing, I don't think. I wouldn't -- I wouldn't COMMISSIONER FIALA: Well, if you have both sides, I don't see how that could -- CHAIRMAN COLETTA: They're neutral. COMMISSIONER FIALA: Yeah. COMMISSIONER COYLE: Well, yes and no. Are you -- how do you know you're going to prevent both sides equally? You don't know that because you don't know -- you don't know how well organized either side is going to be, you don't know how well their arguments are going to be presented. COMMISSIONER FIALA: Well-- COMMISSIONER COYLE: There are lots of ways to bias those kinds of things. The point is a governmental agency shouldn't be solved in that. CHAIRMAN COLETTA: Well, let me -- let me just ask the question a little bit different, Commissioner Coyle. And, you know, Page 306 December 11-12,2007 you're bringing some great perspective to this. If the Supervisor of Election was on her own accord to make the request to use this building for this type of forum, would you have objection to it? COMMISSIONER COYLE: I'd have to understand who the Supervisor of Election was going to have. Are they -- is the Supervisor of Elections going to turn it over to individuals to come in and -- and make their individual pitches, or are they going to turn it over to recognized organizations; the Republican party, the Democratic party, the independents, the League of Women Voters others? I -- I -- I couldn't answer that question. That's -- that's why I think that it's a dangerous process to get into. Who cares whether -- whether a government sponsors it. If -- if you make the facility available to recognized organizations in the county, then -- then you -- they can come in and do what they wish. CHAIRMAN COLETTA: But our present policy allows for this to take place. Is that correct, Mr. Mudd? MR. MUDD: Yes, sir. For educating the public and those kinds of things -- CHAIRMAN COLETTA: So, in other words, this board has to take no action for this to go forward. MR. MUDD: Well, commissioner, I -- I think there's all concerns on the -- on the -- on the dais and I think they're all -- and I think they all are justified. If -- if -- when -- for instance, if this is a homeowners group that comes in and wants to have their annual meeting, you opened it up to homeowners groups. Of course, that homeowners group isn't broadcast all -- all of Collier County. When there's been candidate forums for the League of Women Page 307 December 11-12,2007 Voters when all the candidates were present and they go through the debate, this chamber has been used in the past and it's been freely offered. And I believe it's -- and I believe the concern of the Board of Country Commissioners that -- that's being addressed by all commissioners to some extent is -- and some larger than others, but all are -- are the point of, look it, if you're going to have a debate on the particular item, you need to have equal representation and the -- and the person that's hosting the particular debate needs to be impartial in their stand, okay, and should be a recognized -- should be a recognized agency, and it's got some advertisement. I mean, when the League of Women Voters has their thing, the candidates are -- the candidates are presented, their names are there, there's a series of questions, it's advertised throughout the community. I -- the only thing that comes up to my -- that comes to mind right now is I remember one time somebody said something about Tiger Bay, and I'm going I've been here for two years. I don't know where Tiger Bay, can somebody please point it to me? And I found out it was a debate forum that -- that's been around for a long time. I have no idea who runs that forum, but I know it does happen from time to time based on different candidates and things. Maybe that's a particular forum that -- that might be of some interest. I don't know. I don't know who they are. CHAIRMAN COLETTA: Well, may I make a suggestion that maybe we leave this up to the county manager within the guidance that's already been given in the past as far as who can use this building. But with that, let's go back to Commissioner Coyle because you instituted this -- this particular discussion with the level it's at, and then Commissioner Halas. COMMISSIONER COYLE: Just a -- a clarification. Sometimes Page 308 December 11-12,2007 organizations will have these kinds of forums and it's not balanced and it's not intended to be balanced, that they are trying to educate the public. I think there's nothing wrong with that as long as other people have the same opportunity. So, the county manager -- manager said we -- we should permit it as long as it is a balanced presentation. I'm not sure that's necessary, but I -- I -- I don't have a problem if the League of Women Voters wants to come into this room and use it for public education as long as the people who are supporting this legislation have the same opportunities to do so. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER COYLE: Does that make sense or not? CHAIRMAN COLETTA: I'm sorry. I didn't mean to-- COMMISSIONER COYLE: Does that violate our procedures? I mean, just tie the ends on it. Does that violate -- does that violate our current procedures? Must it be a balanced presentation? MR. MUDD: Commissioner, I've never been in this position and I will have to check. COMMISSIONER COYLE: Okay. MR. MUDD: The -- it's always been, as I described before -- COMMISSIONER COYLE: Okay. MR. MUDD: -- a debate between candidates and things like that. And you've never -- without -- without your permission, you've never offered this room up for -- for one side to present and then the other side to present, let's say, at a different night. I've never -- I've never -- CHAIRMAN COLETTA: Let's go to Commissioner Halas. COMMISSIONER HALAS: I find this discussion very interesting. I wish that our Governor was as -- looked at this in the way that he's going about this. He's up there trying to get Donald Trump to throw a million Page 309 December 11-12, 2007 dollars into his campaign to pass this legislation, and yet we're sitting here saying we want to make sure that both sides are fair. So, it's an interesting discussion we're having right here. CHAIRMAN COLETTA: Sure is. COMMISSIONER FIALA: You're kidding. He's doing this? COMMISSIONER HALAS: Yeah. Yeah. Yeah. CHAIRMAN COLETTA: Let's go -- let's go to Commissioner Henning who has been waiting patiently. COMMISSIONER HENNING: Well, you know, we're going to have several other constitutional amendments come -- coming down, and -- and if we do this, we're pretty much setting precedence. And to be fair and equal, you need to keep in mind that other -- other -- you need to offer the same opportunity. This is an issue that we don't have to fix. Okay. There are other avenues to provide public information. It's called a media, and they do this for a business, and that's where this issue belongs. CHAIRMAN COLETTA: Okay. But we haven't gotten any directions going to the county manager. COMMISSIONER HENNING: Well, we don't -- yeah, I just did. Don't do anything. We don't have to do anything on this. CHAIRMAN COLETTA: In other words, don't do anything like you've done in the past, too. COMMISSIONER HENNING: Pardon me? CHAIRMAN COLETTA: In other words -- COMMISSIONER HENNING: What did you say? CHAIRMAN COLETTA: -- the use of this building. COMMISSIONER HENNING: No. I -- I said this is an issue. This is a constitutional issue that the people will vote on. We haven't done it in the past. Ifwe do it now, we'll have to offer the same thing in the future on any other constitutional amendment. CHAIRMAN COLETTA: Okay. So, you want to just limit it to candidate type forums and not issues? Page 3 10 December 11-12, 2007 COMMISSIONER HENNING: I'm saying we don't have to do anything on this issue. CHAIRMAN COLETTA: Okay. So, bring each issue forward or just issues in general? I'm sorry. I'm just trying to make it so we don't have to have this discussion over and over again every time a new issue comes up. If you're covering all issues, then you kind of simplify the whole situation. COMMISSIONER HENNING: Yeah. No. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: That's not true. CHAIRMAN COLETTA: Commissioner Fiala, let's go to you. COMMISSIONER FIALA: Yes. I -- I don't agree. I -- I don't -- I think that sometimes the media will show a bias on how -- on their reporting, and I'm sorry if I offend anybody by that, but we've all seen that happen. And -- and this -- this is too important to our residents, to our taxpayers. This issue is terribly important. This is not something that we should let go by the wayside. I think it's -- I think it's very noble of the League of Women Voters to want to step forward to educate the community. I agree with Commissioner Henning in that it should be a unfair and unbiased presentation. And, so, if the League of W omen Voters have one side and, clearly, they do, I happen to agree with them by the way. I'm going to say that right on the record. Still, I think that a forum would be a very appropriate because we have a lot of citizens out there that do not understand the issue. They __ and they want to ask questions. They -- they only have the newspaper to read. They can't get -- they can't get both sides of the Issue. CHAIRMAN COLETTA: Is that a motion? Page 311 December 11-12,2007 COMMISSIONER FIALA: Yes. I would like -- CHAIRMAN COLETTA: I'll -- I'll second it, for discussion purposes we move this along. Let's go to Commissioner Coyle. COMMISSIONER COYLE: Wait a minute. That is not what's before us, and that's what Commissioner Henning was saying. This was a request to make a presentation to the Board of County Commissioners at one of our meetings. It is not a forum. COMMISSIONER FIALA: No. No. We've already said that we don't want -- COMMISSIONER COYLE: No. We -- we haven't had a motion that would deny this and that's what Commissioner Henning was saymg. If you deny the request for the Board of County Commissioner presentation, we don't have to do anything, because you already have a policy, then let's people use this facility for these forums. CHAIRMAN COLETTA: But he said that. Okay. I -- will you withdraw your motion? COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. Do we talk this thing to death, Commissioner Coyle? Do you think -- COMMISSIONER COYLE: I don't know. Did I -- did I actual __ did I capture the essence of your intent, Commissioner -- CHAIRMAN COLETTA: You did -- you just repeated everything over again that we said earlier, yeah. That's fine. I think we reached it. Mr. Mudd, do you understand where we are? MR. MUDD: Commissioner, I believe I have direction to respond to Miss Stanton -- Stranton to say that -- that she will not be on the agenda for the 15th of January, 2008 -- CHAIRMAN COLETTA: That's perfect. MR. MUDD: -- per her request and that's -- and that's the way Page 312 December 11-12,2007 I'm going to respond. CHAIRMAN COLETTA: Right. MR. MUDD: Thank you. COMMISSIONER FIALA: Can -- can we mention to her that this -- this facility, ifthere's some type of a forum requested, that this facility is available? COMMISSIONER COYLE: Nothing wrong with that, I think. That's -- that's our policy. CHAIRMAN COLETTA: You might state that-- COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: -- in the letter, Mr. Mudd. Okay. Great. What else have you got, Mr. Mudd? MR. MUDD: That's all I have, sir, and I'm sorry that that took so long. CHAIRMAN COLETTA: No. That -- that -- it was a very healthy discussion. Mr. Weigel, anything from the County Attorney's office? MR. WEIGEL: Just to -- just to indicate that this afternoon we will initiate the understanding a directive of the board relating to the Pebblebrook Richland PUD that was heard yesterday looking for the solution of the various interests there at the parallel tract of providing an ordinance to come back to the board as well relating to scrivener's error. And I want you to know also that in regard to the Starnes -- the discussion to Starnes property today, that notwithstanding that there's been a vote to consummate the purchase of the property, that those issues that are very important to this property and to potentially other properties such as oil, gas, mineral rights and the discussion, description of the minerals themselves, slant drilling, all those things that come into play, the rights of leaseholders as opposed to outright fee holders will be looked at very closely, and we will provide a report to you in that regard and try to assist staff in their -- in their Page 313 December 11-12, 2007 constructive discussions with potential property owners in the future. CHAIRMAN COLETTA: Thank you-- MR. WEIGEL: That's all. CHAIRMAN COLETTA: -- Mr. Weigel. Great. Let's go to the commISSIOners now. Commissioner Henning. COMMISSIONER HENNING: Thank you. I think we received a correspondence from a Don Beach about PC Bug, a 501 C3 organization that was formed approximately 15 years ago. They were using the library system, the central library at Central Avenue. And he also referenced Ted Brousseau as a founding member of this organization. So, I had an opportunity to talk to Ted Brousseau yesterday, and he informed me they have used the library on -- on a certain day since the library was expanded a number of years ago. Now, the staff at the library has decided to run some programs using the day that they normally meet on. The PC Bug tried to reuse the room by -- by on line registrant system, and they did that on the 3rd of December only to find out that it was taken. I mean, we in the past had an issue with the Girl Scouts, another 501C3. I would hate to lose the PC Bug, a -- an organization not for profit -- well, actually educates the public on internet, internet systems, internet safety or -- or whatever. And I -- I -- I think we need to give direction to the -- to the county manager on that. But, in all fairness, I also think that we need to hear from our library director who is here, too. COMMISSIONER COYLE: I think they've already arranged an ultimate facility or given them the opportunity to -- to move it in a different place, right? Page 314 December 11-12, 2007 MS. MATTHES: Marilyn Matthes, Library Director. I just came from the Library Advisory Board meeting and Don Beach and the incoming president, I've got gotten his name, I'm sorry, is -- were at our meeting and we discussed the issues extensively. What I've done is tell them that the library will accommodate our two library programs in February and March by other means and, so, we'll make our time available to the PC Bug for those two months, and an additional outside group had arranged -- had beat the PC Bug Users Group and had scheduled a -- their program for January, third Thursday, and I told them that I would try to work with that group to find other accommodations within our building. The library advisory board, which you appoint, discussed the issue extensively and agreed that they should continue to -- they had no conclusion except to offer -- echo the -- the compromise I made for the January through March meetings, which are their primary concern right now. The library policy, which is -- on meeting rooms, which is established by the Library Advisory Board and approved by the County Attorney's office for legal sufficiency is what we've been operating under. And the policy has changed a little bit in that we are starting to -- to charge for -- for meeting room usage, and we're trying to refine it so it looks a little bit better. But the intent of the policy really has not changed in the 15 years that the PC Bug group has using the meeting room or any organization. The policy has been that book -- that groups can book on a quarterly basis, so starting in December 1 st, they can book for the period of January through March. And, unfortunately, that has not always been adhered to by staff and with the options of changing -- charging for the rooms and doing the on-line registration, we're trying to -- to make sure that all of our Page 315 December 11-12,2007 practices are in line with the approved policy. The County Attorney's office and other library legal consultants over the years have suggested that a public meeting room in a library is a limited public forum, and as such, we have to provide equal access to everybody irregardless of the message that people are using in that meeting room and the electronic registration is one way of providing that. Another issue is -- is that the intent of the board or the library advisory board or the community to provide a permanent meeting room for a particular organization, no matter what it is. With reference to the scouting programs, we do not guarantee any of the scouting programs a room on a particular date. What we did at board direction was say that when they sign up for a meeting room and compete with everybody else for that time for a meeting room, we will not charge them. CHAIRMAN COLETTA: Commissioner Henning, you still have the floor. COMMISSIONER HENNING: Thank you. Well, I -- I think you're -- you're making guidelines. You're not making policy. Because my understanding only policy makers can make policy. But, you know, I don't know if it works and I don't want to judge it, but it seems to me that we have residents competing for our facilities, and I just can't decide that's right. Just a final question. Did you resolve the issues with the PC Bug on a long-term basis? MS. MATTHES: Not on a long-term basis. We've resolved it for the immediate time period of January through March with the caveat that January I need to negotiate with an outside group who signed up for the room prior to PC Bug. COMMISSIONER HENNING: Well, it's not my decision for me to tell the county manager how to manage the facility, but I just Page 316 December 11-12, 2007 have a concern on -- on the process. MS. MATTHES: And people-- COMMISSIONER HENNING: And thank you for -- for -- I'm sorry. MS. MATTHES: I know. COMMISSIONER HENNING: That was very kind of you to -- to address this in a short issue. Thank you very much. MS. MATTHES: You're welcome. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yeah. One of the things that I've noticed in some of the organizations that I belong to is if we have a regular meeting place, a regular meeting time and a regular meeting date, after awhile -- and it takes people awhile to remember where they're going, but then -- then they come regularly. If you move their meeting place or their meeting time, their attendance drops immediately because people don't remember or they don't have those days reserved. And I don't know if the library board has taken this into consideration. For instance, PC Bug always meeting on whatever day it is, and for 15 years everybody knows the place, the time and everything, to move them around all of a sudden or any of the groups might be difficult especially -- I -- I understand when new people want to come in, but maybe first consideration should always be given to the groups who've always supported us or who have always been there first. Even if they don't pay anything, they bring people into our libraries. There's a good feeling because they're using our libraries, and I don't know if -- if -- if they have a policy or if you're putting together some suggestions for us, that probably should be considered. Long-standing groups have first right of refusal. MS. MATTHES: That certainly was part of the discussion. And Page 317 December 11-12, 2007 whether that's acceptable under legal guidelines, I don't know. What we've always tried to operate under is equal access for everybody. And there's really no easy out for -- okay, they've been meeting there forever. My concern is if -- if at some point PC Bug is given a permanent meeting place or permanent time schedule, I -- I can see a number of other community groups wanting that same type of privilege, and it then becoming difficult to have library space for library activity. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER HALAS: The other avenue we also have available for the people in this county, we have parks and we have community centers at parks, and I think maybe we can utilize more of them, too. COMMISSIONER FIALA: We don't have -- in East Naples we only have one kind of community center. We don't have any at our other parks. COMMISSIONER HALAS: No. I'm talking about North Naples area. COMMISSIONER FIALA: Oh. COMMISSIONER HALAS: They've got a number of up there at that park of facilities, they've got a number of rooms in there that can be -- could be probably addressed on a lot of these items for community groups to use that park. MS. MATTHES: The Parks Department also uses the quarterly booking process, too, to make their facilities available to the widest number of groups. COMMISSIONER HALAS: But that -- what it does -- MS. MATTHES: Yeah. COMMISSIONER HALAS: -- is it just opens up additional options -- MS. MATTHES: Exactly. COMMISSIONER HALAS: -- instead of being at one location. Page 318 December 11-12, 2007 There's other options that it would be open to a lot of these community groups. CHAIRMAN COLETTA: Commissioner Henning, back to you. Do you have something else? COMMISSIONER HENNING: Yeah. Just one more thing. Merry Christmas. CHAIRMAN COLETTA: Oh, wow! You said it with a lot of meanmg. COMMISSIONER HENNING: And very exciting two days, and we'll -- we'll start over again next year. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Very good. Merry Christmas, and I probably won't -- we -- we probably won't see any of the people in our audience today until next year, so Happy New Year. CHAIRMAN COLETTA: That's very nice. And I'd like to extend my holiday wishes to everyone, too. Commissioner Halas. COMMISSIONER HALAS: I'd like to extend everyone, staff included, a very, very Merry Christmas, Happy New Year, Happy Hanukkah, however it fits, and we'll see you next year. CHAIRMAN COLETTA: Commissioner Coyle. Not bad. COMMISSIONER COYLE: I have something of substance to talk about. CHAIRMAN COLETTA: You mean Christmas is not important? COMMISSIONER COYLE: No. It's your greetings that are not important, but nevertheless, you'll recall in a prior meeting I -- I was trying to get the board to refuse to accept an unfunded mandate from the state legislature to fund a Regional Conflict Council to fund the office space at a cost to our taxpayers of$32,190. I felt that it was an inappropriate and probably illegal expenditure of -- of taxpayer funds, and we have recently been advised in a Page 319 December 11-12,2007 legality opinion of the Florida Association of County Attorneys that this expenditure is an unconstitutional, unfunded mandate. And that there is also a prosecutor association, State Prosecutor Association, that has filed a lawsuit alleging the unconstitutionality of the bill which enacted this public defender allocation, and they say that it provides an unlawful Public Defender allocation. Now, at the last time we met to discuss this, the Board of County Commissioners directed the -- the County Manager to find some space for this Regional Conflict Council. I would urge you to reconsider that in view of these legal rulings and that we provide our support to the Florida Association of County Attorneys to try to stop these mandates from being placed upon us. They're not going to stop until we stand up and do something about it. COMMISSIONER HALAS: Are you going to make a motion? COMMISSIONER COYLE: I don't know that I can make a motion under correspondence. CHAIRMAN COLETTA: Well, you can bring it back at the next meeting. COMMISSIONER COYLE: Okay. Would -- would I have enough support on the board to bring this back -- COMMISSIONER HALAS: I believe, yeah. COMMISSIONER COYLE: -- at the next meeting to discuss it? CHAIRMAN COLETTA: Yep. COMMISSIONER HENNING: No. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: I think we can take action as we have in the past under correspondence since it's an advertised item on the agenda. But I have more questions on -- on your comments, and I think we should take action right now. Are you -- are you asking to stop the -- the -- well, actually, we Page 320 December 11-12, 2007 need to reconsider -- COMMISSIONER COYLE: That decision. COMMISSIONER HENNING: -- that decision. Okay. So, is that reconsidering -- reconsideration if it definitely fits our timeline, can we do it on correspondence per the board's policy on -- on the board's meeting. MR. WEIGEL: Technically, a reconsideration of this requires notice to the County Manager ahead of time. What I would suggest, however, is you've taken an action or given the manager direction. There's nothing that prohibits you from giving him further direction, which is different than the direction that was given before. For instance, the memo that I've provided you all relating to the opinion of the Florida Association of County Attorneys and the information regarding the lawsuit the prosecutorial association has brought forward, would lend itself for you to say in addition or in addition to what you've previously approved, that that -- that the action that you ordered be deferred until there is a definitive determination in the court of law that -- that declares that it is in a fact a -- a legal and an appropriate expenditure. CHAIRMAN COLETTA: Okay. MR. WEIGEL: And that way it gets us out of the, call it, technical requirement of the reconsideration ordinance. COMMISSIONER COYLE: Now, is that a formal motion or is it -- MR. WEIGEL: I would -- I would suggest that you make a motion of it. There's no reason why you cannot. COMMISSIONER COYLE: Okay. Then I would -- I make a motion that we instruct our County Attorney to delay -- MR. WEIGEL: Well, the County Manager. COMMISSIONER COYLE: I mean the County Manager to defer -- to defer. Page 321 December 11-12, 2007 MR. WEIGEL: Yeah. The previous action that was directed on this subject matter. COMMISSIONER COYLE: Yeah. To defer any action on providing office space for Regional Conflict Council as provided under Senate Bill 1088 until such time as the courts have decided whether or not this is a legal expenditure and an obligation of local government. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle and second by Commissioner Halas. Discussion? Commissioner Henning, did you want to add something? Your light isn't on but you look like you're ready to do it and I didn't want you to miss the opportunity. COMMISSIONER HENNING: Oh, thank you. No, I don't. CHAIRMAN COLETTA: Okay. And -- yes, Mr. Mudd. MR. MUDD: Okay. I understand the motion. It's perfectly clear. I just want to make sure you understand what I'm going to have to try to do when I get the motion. I'm not saying I'm not going to do it. We're going to do it. The previous action that the board approved was to enter into a lease agreement for $32,000 a year for these people that we are getting, okay, from the state. If this motion passes, I will go out and I will -- and I will -- hopefully, we haven't entered into the instrument yet, okay. I can't tell you for sure right this second if we have or haven't, okay, and we'll stop -- stop the payment. If we nave entered into the agreement, we will take a look at the agreement and -- and how we exit out of the agreement, and -- and we will minimize that expenditure of $32,000 if it's been executed. I just want to make sure -- I want that to be perfectly clear to the board if -- if you pass this motion what I'm going to do. Page 322 December 11-12, 2007 COMMISSIONER COYLE: Clear. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: If -- if we have entered-- entered into the agreement, we also have the ability to reconsider it. So, you want to inform Commissioner Coyle. You know, he -- he voted in the minority, correct, so you can't reconsider it. COMMISSIONER COYLE: True. COMMISSIONER HENNING: Well, let me know and I'll -- I'll put it on the agenda. MR. MUDD: But if we haven't entered it and we can get out of it -- COMMISSIONER HENNING: We're done. MR. MUDD: -- we'll do so based on when you decide what you're going to do on this particular item. COMMISSIONER HENNING: And -- and the item is just to defer it until it goes to the courts -- through the courts. MR. MUDD: Until -- until we get the decision by the Court if this is a legal -- if this is a legal expenditure of -- of funds. CHAIRMAN COLETTA: Okay. So, everybody understands what was said. With that, all those in favor, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it unanimously. Commissioner Coyle, anything else? COMMISSIONER COYLE: Well, yes. Merry Christmas and happy holidays to everyone. CHAIRMAN COLETTA: Well, you sounded very sincere. Page 323 December 11-12, 2007 Thank you. And with that, we're adjourned until next year. ****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 #16Al FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITY FOR THE MAJORS, PHASE ONE -W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item #16A2 SPECIAL LAND DEVELOPMENT CODE (LDC) AMENDMENT CYCLE FOR THE 2008 CALENDAR YEAR TO ADDRESS AN URGENT AMENDMENT TO THE LAND DEVELOPMENT CODE SPECIFICALLY ADDRESSING SECTION 1.04.04, REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS TO ADDRESS THE SEVERING OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) RELATED TO LANDS IDENTIFIED FORA TRANSPORTATION RIGHT-OF-WAY- FOR THE LAND ACQUISITION WITH FLORIDA ROCK FOR A HAUL ROAD WITHIN THE FUTURE WILSON BLVD EXTENSION Item # 16A3 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR JAEGAR ROAD WAREHOUSE CONDOS - W/RELEASE OF ANY UTILITY Page 324 December 11-12, 2007 PERFORMANCE SECURITY Item #16A4 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR CEDAR HAMMOCK, TRACT F-4 - W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item # 16A5 RELEASE AND SA TISF ACTIONS OF LIEN FOR PAYMENTS RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT ACTIONS - COST FOR RECORDING IS $10.00 PER RELEASE, TOTALING $460.00 Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MEDITERRA, PARCEL 100 - W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item #16A7 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TUSCANY COVE SALES AND MODEL CENTER - W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item # 16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY Page 325 December 11-12, 2007 FACILITY FOR TUSCANY COVE TEMPORARY CONSTRUCTION AND ADMINISTRATION FACILITY - W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item # 16A9 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TUSCANY COVE - W/RELEASE OF ANY UTILITY PERFORMANCE SECURITY Item #16AI0 PREPARATION OF A STRATEGIC OPERATIONAL PLAN FOR THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. (COMPANION ITEM TO ITEM 16G3 TO BE CONSIDERED FOLLOWING ACTION ON 16G3) - TO RETAIN THE SERVICES OF GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC. AT A COST NOT TO EXCEED $2,000 TO IMPLEMENT THE GOALS, OBJECTIVES AND POLICIES AT A WORKSHOP ON DECEMBER 19,2007 Item #16All RECORDING THE FINAL PLAT OF CAPRI COMMERCIAL CENTER NO.2 - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO FINAL APPROV AL LETTER Item #16Bl THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE FLORIDA COMMISSION FOR TRANSPORTATION Page 326 December 11-12, 2007 DISADVANTAGED (CTD) AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) - BCC WILL CONTINUE IN ITS DESIGNATED ROLE AS THE COMMUNITY TRANSPORTATION COORDINATORS FOR COLLIER COUNTY Item #16B2 RESCIND AWARD OF BID 08-5001 TO COMMERCIAL FENCE CONTRACTORS, INC. FOR $60,073.52 AND AWARD IT TO USA STEEL FENCE, INC. IN THE AMOUNT OF $77,352.60 - COMMERCIAL FENCE CONTRACTORS, INC. IS UNABLE TO INSTALL THE FENCE AT QUEENS PARK IN ACCORDANCE WITH THE SPECIFICATIONS OF THE BID Item #16B3 QUITCLAIM DEED FROM LENNAR HOMES, LLC, TO LANDS DEDICATED TO THE COUNTY AS A PUBLIC RIGHT-OF- WAY. (FISCAL IMPACT: $18.50) PROJECT #60018 - LOCATED IN HERITAGE BAY Item # 16B4 AWARD BID #08-5004 RADIO ROAD PHASE I LANDSCAPE IRRIGATION PROJECT - TO HANNULA LANDSCAPING, INC. IN THE AMOUNT OF $464,434.62 Item #16B5 AWARD WORK ORDER #PBS-FT -3987-08-01 UNDER COLLIER COUNTY CONTRACT NUMBER 06-3987 FOR FIXED TERM Page 327 December 11-12,2007 PROFESSIONAL CONSTRUCTION, ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE FREEDOM PARK IN THE AMOUNT OF $458,904.00 TO PBS&J, INC. - FOR THE CONSTRUCTION OF FREEDOM PARK (GORDON RIVER WATER QUALITY PARK) Item #16B6 AGREEMENT BETWEEN COLLIER COUNTY AND IBIS CLUB FOR A SEWER SERVICE INTERCONNECTION FROM THE COLLIER COUNTY CAT OPERATIONS FACILITY INTO THE IBIS CLUB SEWER SYSTEM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B7 RESOLUTION 2007-343: FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION AND APPLICABLE DOCUMENT, AND TO ACCEPT THE GRANT IF AWARDED - TO BE USED TO PURCHASE P ARA- TRANSIT VEHICLES PROVIDING TRANSPORTATION SERVICES TO THE ELDERLY AND DISABLED RESIDENTS OF COLLIER COUNTY Item #16B8 REJECT ALL BIDS RECEIVED UNDER BID #08-4196 CLEANING & DOCUMENT A TION OF STORM DRAINS - ALL BIDDERS DID NOT SUBMIT ALL REQUIRED DOCUMENTS AND BID PRICES WERE INCONSISTENT Item #16B9 Page 328 December 11-12, 2007 EASEMENT INSTRUMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), FOR THE INST ALLA TION AND MAINTENANCE OF PREF ABRICA TED PEDESTRIAN BRIDGES CROSSING THE COCOHA TCHEE RIVER AND ONE OF ITS TRIBUTARIES ON THE WEST SIDE OF VANDERBILT DRIVE WITHIN THE EXISTING RIGHT-OF-WAY - AN EASEMENT FOR WORK IS A CONDITION OF PERMIT REQUIREMENTS Item #16BI0 RESOLUTION 2007-344: FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPLICABLE DOCUMENT, AND TO ACCEPT THE GRANT IF AWARDED - TO PROVIDE RURAL TRANSPORT A TION IN COLLIER COUNTY Item #16Bll RESOLUTION 2007-345: CONTRACT AMENDMENT BETWEEN COLLIER COUNTY AND THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED FOR FUNDING IN THE AMOUNT OF $264,201 FOR THE PROVISION OF TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS Item #16B12 PURCHASE OF IMPROVED PROPERTY (PARCEL NO. 133) WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT. PROJECT NO. 60168 (FISCAL IMPACT: $728,655) - SUBJECT Page 329 December 11-12,2007 PROPERTY CONTAINS 3.67 ACRES WITH A SINGLE FAMILY HOME AT THE END OF 27TH STREET NW ON THE CYPRESS CANAL Item #16Cl SUBMISSION OF AMENDMENT ONE (1) TO THE STATE REVOLVING FUND LOAN AGREEMENT (DW 1111 020) THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR LOWER HAWTHORN WELLS 18N, 19N, AND 20N, PROJECT #71006- AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16C2 RESOLUTION 2007-346: DECLARATION OF OFFICIAL INTENT FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 24.1 MGD; SOLID STREAM PROJECT 739502. THE APPROVAL OF THIS RESOLUTION WILL ALLOW THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO REIMBURSE THE COUNTY USING NOTES AND BOND PROCEEDS IN THE AMOUNT OF $1,708,505 Item # 16C3 ANNUAL CONTRACT FOR UTILITIES/FACILITIES ELECTRICAL COMPONENT TESTING PURSUANT TO RFP#07- 4156 IN THE ESTIMATED AMOUNT OF $200,000 - AWARDED TO CIRCUIT BREAKERS SALES, INC. AND INDUSTRIAL ELECTRIC TESTING, INC. Page 330 December 11-12,2007 Item # 16C4 CONTRACT 07-4116 TO OPTELLIOS, INCORPORATED, FOR $458,820, FOR PERIMETER SECURITY SYSTEMS AT THE NORTH AND SOUTH REGIONAL WATER TREATMENT PLANTS AS WELL AS FUTURE WATER DEPARTMENT FACILITIES, PROJECT NUMBERS 710091 AND 710092. PROVIDING COMPREHENSIVE SURVEILLANCE ADDS TO THE ASSURANCE OF CONTINUOUS MONITORING AND QUICKER RESPONSE TO POTENTIAL SECURITY BREACHES AT CRITICAL DRINKING WATER FACILITIES Item #16C5 CONTRACT 05-3870 TO MWH CONSTRUCTORS INC. FOR CONSTRUCTION MANAGEMENT-AT-RISK SERVICES FOR CONSTRUCTION OF THE NORTHEAST FACILITIES, AND APPROVE PRECONSTRUCTION PHASE SERVICES IN A TOTAL NOT-TO-EXCEED AMOUNT OF $850,000, PROJECTS 70902, 73156, 70899 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Dl DECLARATION OF RESTRICTIONS FOR EAST NAPLES COMMUNITY PARK SENIOR CENTER ADDITION AS REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - THE TIME PERIOD FOR THESE RESTRICTIONS IS FOR A PERIOD OF (20) TWENTY YEARS Page 331 December 11-12,2007 Item #16D2 LIEN AGREEMENT WITH NORGE DEL SOL AND DORAISY DEL SOL (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 128, TRAIL RIDGE, NAPLES - DEFERRING $19,372.52 IN IMPACT FEES Item #16D3 BUDGET AMENDMENT IN THE AMOUNT OF $886,000 TO ENSURE CONTINUOUS FUNDING OF THE OLDER AMERICANS ACT GRANT - FOR HOUSING AND HUMAN SERVICES DEPARTMENT TO ASSUME OPERATION OF NUTRITION PROGRAMS IN NAPLES AND IMMOKALEE Item # 16D4 AGREEMENT IN THE AMOUNT OF $223,802 WITH COLLIER HEALTH SERVICES, INC. (CHSI) AND THE AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA) TO PARTICIPATE IN THE LOW INCOME POOL PROGRAM. PARTICIPATION IN THIS PROGRAM WILL GENERATE AN ADDITIONAL $294,619 IN FEDERAL MATCHING FUNDS TO BE PAID DIRECTL Y TO CHSI FOR SERVICES FOR THE MOST MEDICALLY NEEDY IN COLLIER COUNTY - FOR EXPANSION OF CHSI COMPREHENSIVE PRIMARY HEALTH CARE SERVICES AT HORIZONS PRIMARY CARE CENTER AND OTHER SITES Item #16D5 APPLY FOR A HISTORIC PRESERVATION GRANT IN AN Page 332 December 11-12, 2007 AMOUNT NOT TO EXCEED $50,000 FOR DESIGN SERVICES RELATED TO MAR-GOOD HARBOR PARK - LOCATED AT 321 PEAR TREE STREET IN GOODLAND Item # 16D6 COMMUNITY LIBRARIES IN CARING PROGRAM GRANT AGREEMENT TO THE FLORIDA DEPARTMENT OF STATE, STATE LIBRARY AND ARCHIVES OF FLORIDA FOR AN IMMOKALEE LIBRARY HOMEWORK HELP GRANT, IN THE AMOUNT OF $9,292, AND APPROVE NEEDED BUDGET AMENDMENTS - FUNDS TO BE USED TO SUBSCRIBE TO AN ON-LINE HOMEWORK HELP SERVICE CALLED TUTOR COM AND TO PURCHASE ADDITIONAL COMPUTERS Item #16El AGREEMENT FOR SALE AND PURCHASE WITH RICHARD R. BERGER, TRUSTEE OF THE ROBERT K. BERGER AND RUTH A. BERGER TRUST AGREEMENT DATED 5/14/99 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT Item # 16E2 AGREEMENT FOR SALE AND PURCHASE WITH RICARDO CARNERO AND MARIA ELENA CARNERO FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER Page 333 December 11-12, 2007 HEAD MUL TI-P ARCEL PROJECT Item # 16E3 AGREEMENT FOR SALE AND PURCHASE WITH WILLIAM 1. FOGNINI AS TRUSTEE OF THE WILLIAM 1. FOGNINI REVOCABLE TRUST AGREEMENT DATED 9/26/96 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item # 16E4 AGREEMENT FOR SALE AND PURCHASE WITH JAMES A. HASCHKER FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $38,170 - LOCATED IN GOLDEN GATE ESTATES, P ART OF THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT Item #16E5 AGREEMENT FOR SALE AND PURCHASE WITH VONDA V. HUNT FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, P ART OF THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT Item #16E6 Page 334 December 11-12, 2007 AGREEMENT FOR SALE AND PURCHASE WITH BERNHARD LANGHART AND MARLENE R. LANGHART FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E7 AGREEMENT FOR SALE AND PURCHASE WITH JANE BRYAN LEWIS FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI- PARCEL PROJECT Item #16E8 AGREEMENT FOR SALE AND PURCHASE WITH ANTONIA MEDINA FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $44,730 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI- PARCEL PROJECT Item #16E9 AGREEMENT FOR SALE AND PURCHASE WITH GUILLERMO PAZ FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL Page 335 December 11-12, 2007 PROJECT Item #16EI0 AGREEMENT FOR SALE AND PURCHASE WITH OSV ALDO REGALADO FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16Ell AGREEMENT FOR SALE AND PURCHASE WITH GRACIE LA SANCHEZ FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $44,730 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E12 COUNTY MANAGER OR HIS DESIGNEE TO SIGN POLICE AFFIDAVITS AGAINST TRESPASS ACTIVITIES THAT ARE INCONSISTENT WITH OBJECTIVES IDENTIFIED IN APPROVED CONSERVATION COLLIER PRESERVE MANAGEMENT PLANS - TO ALLOW THE CCSO PERMISSION TO ENFORCE LAWS GUARDING AGAINST TRESPASS ACTIVITIES Item #16E13 Page 336 December 11-12, 2007 AGREEMENT FOR SALE AND PURCHASE WITH RONALD FRAZIER, JAMES FRAZIER, STEPHEN FRAZIER, AND MATTHEW FRAZIER FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI- PARCEL PROJECT Item #16E14 AGREEMENT FOR SALE AND PURCHASE WITH BRIHASCHAND MOHABIR AND SURSA TTI MOHABIR FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E15 AGREEMENT FOR SALE AND PURCHASE WITH DAVID W. CROOKALL AND CONSTANCE 1. CROOKALL FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $53,470 - LOCATED IN GOLDEN GATE ESTATES, PART OF THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E16 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD OF OCTOBER 25, 2007 THROUGH NOVEMBER 19,2007 Page 337 December 11-12, 2007 Item #16Fl MEMORANDUMS OF UNDERSTANDING BETWEEN COLLIER COUNTY AND THE FOLLOWING AGENCIES; GUADALUPE CENTER AND THE FLORIDA ALERT RESPONSE TEAM - TO COORDINATE RELIEF EFFORTS AT THE TIME OF A DISASTER Item # 16F2 BUDGET AMENDMENTS FOR THE OCHOPEE FIRE CONTROL DISTRICT TO REPLACE A BRUSH TRUCK Item #16Gl - Withdrawn SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA - SUBJECT PROPERTY LOCATED AT 3929 BA YSHORE DRIVE Item #16G2 SWEAT EQUITY GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA - FOR A RENTAL PROPERTY LOCATED AT 3408 CAPTAIN'S COVE Page 338 December 11-12, 2007 Item #16G3 PREP ARA TION OF A STRATEGIC OPERATIONAL PLAN FOR THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD. (COMPANION ITEM TO ITEM 16A12 TO BE CONSIDERED BEFORE ITEM 16A12) TO RETAIN THE SERVICES OF GUARDIAN COMMUNITY RESOURCE MANAGEMENT, INC. AT A COST NOT TO EXCEED $2,000 TO IMPLEMENT THE GOALS, OBJECTIVES AND POLICIES AT A WORKSHOP ON DECEMBER 19, 2007 Item #16Hl COMMISSIONER HALAS' REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE LEAGUE OF WOMEN VOTERS LUNCHEON AND PARTICIPATED AS A GUEST SPEAKER AT THE COLLIER ATHLETIC CLUB ON MONDAY, NOVEMBER 19,2007. $20.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item # 16H2 COMMISSIONER HALAS' REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE BIG CYPRESS BASIN HOLIDAY LUNCHEON ON FRIDAY, DECEMBER 14, 2007, AT THE BIG CYPRESS BASIN OFFICE IN NAPLES, FLORIDA. $10.00 TO BE P AID FROM COMMISSIONER HALAS' TRAVEL BUDGET - LOCATED AT 6089 JANES LANE Item #16H3 Page 339 December 11-12, 2007 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE URBAN LAND INSTITUTE OF SWF - TRANSPORTATION: UNDERSTANDING REGIONAL AND LOCAL ISSUES AND INITIATIVES MEETING ON NOVEMBER 29,2007. $35 TO BE PAID FROM COMMISSIONER COLETT A'S TRAVEL BUDGET - HELD AT THE COLONIAL COUNTRY CLUB IN FT. MYERS Item #16H4 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE CITIZEN OF THE YEAR BANQUET AND PARTICIPATED AS A GUEST SPEAKER AT THE ELKS CLUB ON NOVEMBER 15,2007. $35.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H5 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A V ALID PUBLIC PURPOSE. ATTENDED THE LEADERSHIP COLLIER AGRICUL TURE DAY IN IMMOKALEE AND PARTICIPATED AS A GUEST SPEAKER AT THE IMMOKALEE RANCH ON NOVEMBER 29, 2007. $9.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H6 Page 340 December 11-12,2007 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A V ALID PUBLIC PURPOSE. ATTENDED THE FLORIDA ENGINEERING SOCIETY CALUSA CHAPTER DINNER AS A GUEST SPEAKER ON JANUARY 31, 2008. $30.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET HELD AT THE STRAND COUNTRY CLUB Item # 16H7 COMMISSIONER COLETTA'S REIMBURSEMENT SERVING A V ALID PUBLIC PURPOSE. RENEWAL OF LEADERSHIP COLLIER FOUNDATION ALUMNI 2008 DUES. $100.00 TO BE P AID FROM COMMISSIONER COLETT A'S TRAVEL BUDGET Item #16H8 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE BILL MOSS FAREWELL LUNCHEON ON WEDNESDAY, NOVEMBER 28,2007, AT THE HIDEAWAY BEACH CLUB; $25.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H9 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE GREATER NAPLES BETTER GOVERNMENT COMMITTEE HOLIDAY SOCIAL ON DECEMBER 18, 2007, AT VERGINA'S ON 5TH; $10.00 TO BE P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Page 341 December 11-12, 2007 Item #16HI0 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE NAPLES HISTORICAL SOCIETY VICTORIAN CHRISTMAS GALA ON DECEMBER 7,2007, AT THE P ALM COTTAGE; $300 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED ON TWELFTH AVENUE SOUTH, OLDE NAPLES Item #16Hll COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE MARCO ISLAND CHAMBER CHRISTMAS GALA ON DECEMBER, 9, 2007, AT THE ISLAND COUNTRY CLUB; $70.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H12 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE FRIENDS OF THE MUSEUM OF THE EVERGLADES ANNUAL MEMBERS LUNCHEON ON DECEMBER 3,2007, AT THE EVERGLADES MUSEUM; $10.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H13 Page 342 December 11-12, 2007 RESOLUTION 2007-347: SUPERSEDING AND REPLACING RESOLUTION 2006-287 IN ORDER TO REAPPOINT COLLIER COUNTY COMMISSIONER JAMES COLETTA TO ANOTHER TERM ON THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY TO COMMENCE ON FEBRUARY 16,2008 THROUGH AND INCLUDING FEBRUARY 15,2010 Item # 1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 343 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 11,2007 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. Pelican Bav Services Division Board Meeting: Agenda of September 5, 2007; Minutes of September 5, 2007. a. Clam Bay Committee: Agenda of November 21,2007; Minutes of October 17, 2007. b. Budget Committee: Agenda of November 27,2007; Minutes of October 23.2007; Agenda and minutes of July 2,2007; Agenda and minutes of August 6,2007. 2. Collier Countv Special Magistrate: Minutes of October 5, 2007; Minutes of October 19, 2007. 3. Golden Gate MSTU Advisorv Committee: Minutes of October 9,2007; Agenda of November 13, 2007. 4. Collier Countv Development Services Advisorv Committee: Minutes of January 10,2007, Minutes of February 7, 2007; Minutes of March 7, 2007; Minutes of April 11, 2007; Minutes of June 6,2007; Form 8B Voting Conflict - Clay Brooker dated May 9, 2007; Minutes of July 18, 2007; Minutes of August 1,2007; Minutes of August 2, 2006; Minutes of September 5,2007; Minutes of September 6,2006; Minutes of October 4, 2006; Minutes of November 1, 2006; Minutes of December 6, 2006. 5. Collier Count V Environmental Advisorv Council: Minutes of October 3, 2007. 6. Collier Countv Historical! Archaeological Preservation Board Meeting: Agenda of November 21, 2007; Minutes of September 19, 2007. 7. Conservation Collier Land Acquisition Advisorv Committee: Agenda of November 16,2007. B. Other: 1. Restructuring Committee/Communitv Assessment Team lmmokalee High School: Minutes of September 28,2007. H:Data/Format December 11-12, 2007 Item # 1611 REPORT OF INTEREST FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007 PURSUANT TO THE FLORIDA STATUTE 218.78 AND PURCHASING POLICY XIE. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007 NO INTEREST WAS PAID PURSUANT TO FLORIDA STATUTE 218.78 Item #1612 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 24, 2007 THROUGH NOVEMBER 30, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 183RDUE AND 183TDRE IN THE LAWSUIT STYLED COLLIER COUNTY V JORGE B. ECHEZARRAGA, ETAL., CASE NO. 07-3278-CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMPACT $100,232.00) - FORA 70 FOOT WIDE STRIP OF RIGHT-OF-WAY NEEDED FOR THE PROJECT Item # 16K2 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 173RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V JORGE ROMERO, ETAL., CASE NO. 07-2681-CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMPACT $110,150.00) - FOR A 70 FOOT WIDE STRIP OF RIGHT -OF- WAY NEEDED FOR THE PROJECT Page 344 December 11-12,2007 Item #16K3 STIPULATED FINAL JUDGMENT FOR THE TAKING OF PARCEL NO. 131 IN THE LAWSUIT STYLED COLLIER COUNTY V CHARLES R. KELLER, ET AL., CASE NO. 06-0876-CA (COUNTY BARN ROAD PROJECT NO. 60101). (POSITIVE FISCAL IMP ACT OF $29,500) Item #16K4 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCELS 126FEE AND 126TDRE IN THE LAWSUIT STYLED COLLIER COUNTY V MICHAEL J CROUCH, ET AL., CASE NO. 07-3691-CA (OIL WELL ROAD PROJECT NO. 60044) (FISCAL IMPACT $45,762.05) Item # 16K5 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $113,378.00 FOR THE ACQUISITION OF PARCEL 115 IN THE LAWSUIT STYLED COLLIER COUNTY V DA VID LA WRENCE MENTAL HEALTH CENTER, INC., ET AL., CASE NO. 06-0567-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081) (FISCAL IMPACT: $64,828.00) Item # 16K6 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 169RDUE IN THE LAWSUIT STYLED COLLIER Page 345 December 11-12, 2007 COUNTY V JOSE MUNOZ, ETAL., CASE NO. 07-2823-CA (OIL WELL ROAD PROJECT NO. 60044) (FISCAL IMP ACT $59,694.35) Item #16K7 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 213FEE IN THE LAWSUIT STYLED COLLIER COUNTY V JOSE MUNOZ, ETAL., CASE NO. 07-2823-CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMPACT $85,150.00) Item #17A RESOLUTION 2007-348: PUDEX-2007-AR-12149 (JDM) LIVINGSTON PROFESSIONAL CENTER, L.L.C., REPRESENTED BY ROBERT L. DUANE, AICP, REQUESTS A TWO- YEAR PUD EXTENSION FOR THE HIW AS SEE PUD. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD, SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA Item #17B - Moved to Item #8G Page 346 December 11-12,2007 ***** There being no business for the good of the County, the meeting was adj oumed by order of the Chair at 11: 17 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DIS~~ONTROL JAMES COLETTA, Chairman (l. .,~ q " A TT~ST:' ..'~ \~~~~.r~~1~~ ~, " These minutes appr9Yed by the Board of presented V or as corrected t/Jrlotj , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS AND ROSE MARIE WITT, RPR. Page 347