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BCC Minutes 01/29/2008 R January 29,2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 29,2008 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: Tom Henning Donna Fiala Jim Coletta Fred Coyle Frank Halas ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Sue Filson, Executive Manager to the BCC Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA January 29, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice- Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-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 PRESENT A TION 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 January 29, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Les Wicker, First Congregational Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. January 8, 2008 - BCC/EDC Workshop C. January 10,2008 - Value Adjustment Board Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) William Craig, Water 2) Kevin Hendricks, TECM Page 2 January 29, 2008 3) Russell Muller, Engineering Services 4) Juan Ortega, EMS 5) Judy Puig, CDES Administration 6) Marjorie Student-Stirling, County Attorney Office 7) Valerie Thorsen, EMS B. 25 Year Attendees 1) Gregorio Flores, Utility Billing 2) Gary Hamm, Road and Bridge 4. PROCLAMA TIONS A. During the week of February 3-9,2008, the Florida Division of Emergency Management together with the National Weather Service and the Collier County Bureau of Emergency Services will urge residents to take measures to make themselves and their families better prepared for hazardous weather conditions. B. Proclamation for "Turn It Off Days! We're Counting Every Drop." To be accepted by Lynne Hixon-Holley. 5. PRESENTATIONS A. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Year for 2007. B. Recommendation to recognize Murdo Smith, Regional Manager, Parks and Recreation, as Supervisor of the Year for 2007. 6. PUBLIC PETITIONS A. Public petition request by Stephen D. Kreynus to discuss paving of Desoto Road. Page 3 January 29, 2008 B. Public petition request by Patrick White to discuss Orders Finding Violation relating to property owned by Jerry and Kimberlea Blocker. C. Public Petition request from Mr. Don Beach to discuss reserving library meeting room. D. Public Petition Request from Leeanne W. Graziani regarding eminent domain for Santa Barbara Boulevard. Item 7 and 8 to be heard no sooner than 1:00 V.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. 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 deny approval of Petition A VPLAT-2006-AR-l0970, Lot 400, Indigo Preserve, to vacate the County's and the Publics interest in a portion of a platted drainage easement running through the westerly (rear) portion of Lot 400, Indigo Preserve, a subdivision located in Section 27, Township 48 South, Range 26 East, as recorded in Plat Book 40, Pages 54-57 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3601, Tim Hancock, of Davidson Engineering, Inc., requesting a rezone from Rural Agricultural (A) with a provisional use for a church authorized by Resolution #91-3 and the Neapolitan Park Planned Unit Development (PUD) approved as Ordinance #90-6, to a new Community Facility Planned Unit Development (CFPUD) district to be known as the New Hope Ministries CFPUD. This project consists of 37.95 acres and will consist of expanding the existing church facility. The property is located on the north side of Davis Boulevard and east of Santa Barbara Boulevard at 7675 Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County Florida. 9. BOARD OF COUNTY COMMISSIONERS Page 4 January 29, 2008 A. This item to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive Recruitment, a division of The Waters Consulting Group, Inc., regarding candidates applying for County Attorney position. B. Appointment of members to the Collier County Code Enforcement Board. C. Appointment of members to the Land Acquisition Advisory Committee. D. Appointment of members to the Development Services Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Recommendation to approve Exhibit E, Amendment #2 to Contract #06- 3914, Construction Management at Risk Services for the Collier County Fleet Facilities with Wright Construction Corp. in the amount of $9,272,848.00 for the Fleet Facility, project 52009, Phase 3, which includes the construction of the new Sheriff's Fleet Management Department Facility and the replacement of the existing Fuel Facility that is shared by both the County and Sheriff's Fleet Departments. (Hank Jones, Senior Project Manager) B. This item to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners approve the application by Inovo, Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and provide direction on the request by the Economic Development Council of Collier County related to the payment of an additional $1,000 per job for 49 existing jobs to be retained in Collier County and the development ofa Job Retention Program Ordinance for future consideration by the Board of County Commissioners. (Amy Patterson, Impact Fee/EDC Manager, Business Management & Budget Department, CDES) C. Recommendation that the Board of County Commissioners evaluate and consider the Planning Commissions policy recommendation in support of continually upholding the current programmatic prohibition of Transfer of Development Rights (TDR) severance from illegal Sending Land property within the Rural Fringe Mixed-Use District (RFMUD). (Joe Thompson, Senior Planner, Comprehensive Planning, CDES) Page 5 January 29, 2008 D. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, to amend and clarify the County's Stormwater Funding Policy; Funding of Storm water Management; Findings and Purpose; Capital and Operating Budget; Definitions; superseding Board Resolution No. 2005-115; and providing an effective date. (Norman Feder, Transportation Services Administrator) E. To provide the Board of County Commissioners with an update on petition CPSP-2007-6, an amendment to the Potable Water Sub-Element of the Public Facilities Element ofthe Growth Management Plan, to add reference in Policy 1.7 to the proposed Collier County IO-Year Water Supply Facilities Work Plan, in order to be consistent with the remedial amendments to the Capital Improvement Element, Ordinance 89-05, as amended; and to have the BCC authorize the Chairman to execute and forward a letter to the Department of Community Affairs (DCA) in reference to the adoption timeline of the aforementioned GMP amendment. (Randy Cohen, Comprehensive Planning Director) F. This item to be heard at 3:00 p.m. Recommendation for the approval of the fifth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. (Alex Sulecki, Senior Environmental Specialist) G. 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. This is a recommendation to approve for recording the final plat of Mockingbird Crossing, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Stan Chrzanowski, Senior Engineer) H. Recommendation that the Board of County Commissioners establish a Voluntary Separation Incentive Program, empower the County Manager to implement the program and authorize the Chairman to sign the enabling Resolution. (Len Price, Administrative Services Administrator) I. Recommend Approval of Change Order #4 in the amount of$97,186 on Contract 05-3772 with Miles Media Group for enhancements to the Tourism Department Website. (Jack Wert, Tourism Director) Page 6 January 29, 2008 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. To obtain Board approval for disbursements for the period of December 29, 2007 through January 04,2008 and for submission into the official records of the Board. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners adopt a Resolution pursuant to Section 288.106, Florida Statutes, recommending that the Governors Office of Tourism, Trade and Economic Development approve Inovo, Incorporated as a qualified target industry business, confirming that the commitments oflocal financing necessary to support this target industry are in place, and appropriating a total of $25,600 as local participation in the Qualified Target Industry Tax Refund Program (QTI) for Fiscal Years 2009- 2012 2) This is a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Heritage Greens, the roadway and drainage improvements will be privately maintained by the Heritage Greens Community Development District Page 7 January 29, 2008 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Grey Oaks Unit Nineteen. The roadway and drainage improvements will be privately maintained. 4) This item continued from the January 15. 2008 BCC Meetinl!:. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase One, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. 5) This item continued from the January 15. 2008 BCC Meetinl!:. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase Two, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase Three, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. B. TRANSPORTATION SERVICES 1) Recommendation to obtain approval to convey a Construction, Operation, and Maintenance Easement to Florida Power and Light Corporation (FPL) for the purpose of replacing power poles to facilitate construction of the Gateway Triangle Stormwater Improvements Phase I, Collier County Capital Project #51803. ($31,660.84) 2) Recommendation to award Bid No. 08-5025 to Stahlman England Irrigation Inc. for the Palm River Estates Unit 5 Imperial Golf Estates Unit 4 Stormwater Improvements, Project Number 510143 with the base amount being $312,097.89, plus the alternative of $5,583.90, for a total amount of$3l7,681.79. 3) Recommendation to approve and execute the attached five-year Joint Participation Agreement (JP A) Contract Number AOW89 with Florida Department of Transportation in the amount of$408,790, Page 8 January 29, 2008 including a local match of $204,395 for FY 2007/2008, to provide Federal Pass-through Section 5311 operational, administrative and managerial funding for the provision of public transportation services in Collier County's non-urbanized areas as identified in Collier County's annual grant application on file with the Florida Department of Transportation. 4) Recommendation to approve and execute the attached five-year Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $804,464, under State Transit Block Grant Program Contract Number AOW93 providing for State funding for eligible Collier County public fixed-route transit operational and capital expenses in the amount of $402,232 as well as a FY2007-2008 local match in the amount of $402,232. 5) Recommendation to approve an Agreement for the donation of school property required to construct improvements to Oil Well Road. Project #60044. (Estimated fiscal impact $208.50) 6) Recommendation to approve award of Bid #07-4195, Traffic Operations Signal Components to multiple vendors. (item-by-item basis) 7) Recommendation to award Contract(s) #07-4168, Fixed Term Professional Environmental Consulting Services to the following firms: Johnson Engineering, Inc., Passarella and Associates, Inc. and Scheda Ecological Associates, Inc. Estimated annual contract amount is $500,000. 8) Recommendation to approve selection ofPBS&J Inc., a qualified firm and award a Contract Under RFP #07-4174, FPL Trail Feasibility Study in Collier and Lee Counties, for Project Number 601203 in the total amount of$307,6l0.00 available in the Transportation Supported Gas Tax Fund 313, FPL Trail Feasibility Study, Project #601203. 9) Recommendation to recognize and accept revenue for Collier Area Transit in the amount of$7,000 and to approve needed budget amendments. Page 9 January 29, 2008 10) Recommendation that the Board of County Commissioners approve a Resolution certifying the dedication and acceptance of a portion of Westclox Street, west of Carson Road, in Immokalee, to Collier County pursuant to Section 95.361, Florida Statutes, by virtue of the County's continuous and uninterrupted maintenance of the roadway, and authorize the filing of the appropriate map(s) with the Clerk of the Circuit Court. 11) Recommendation to award Bid #08-5033 Immokalee Road Streetscape Beautification Project to Vila & Son in the amount of $827,769.56 with 10% contingency of $82,776.96 for a total of $910,546.52. (Project #660424) C. PUBLIC UTILITIES 1) Recommendation to approve the acquisition ofa 3,000 square foot Utility Easement near the southwest corner of389l White Boulevard for a public water supply well site easement, at a total cost not to exceed $14,900, Project Number 701582. 2) Recommendation to approve the acquisition of additional easement area for an Access Easement to Lift Station 302.09 at a total cost not to exceed $4,520, Project Number 730841. 3) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $18.50 to record the Satisfaction of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $98.50 to record the Satisfactions of Lien. 5) Recommendation to approve a budget amendment for $11,446,766.41 to transfer funds for South County Regional Water Treatment Plant (SCRWTP) Well field Expansion project 708921 Water Impact Fee Capital Projects Fund to a 2006 Revenue Bond Proceeds Fund. Page 10 January 29, 2008 D. PUBLIC SERVICES 1) Recommend to approve Resolution 2008- which supersedes Resolution 2007-33 to increase the annual, non-resident beach parking permit to $50. 2) Recommend Approval of Budget Amendment moving $2,161.50 from Beach Access Landscape Project 902942 and $112,000.00 from Vanderbilt Beach Walkway Project 900921 within Beach Park Facilities Capital Fund 183 for a total of$114,161.50 to be place in Vanderbilt Pedestrian Access No.3 Walkway Project 900451. 3) Recommendation to approve a $374,407.54 budget amendment to fund the construction of a Boat Ramp at the Golden Gate Community Park, Project 800317. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Erika Trinidad (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 20, Liberty Landing, Immokalee. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Verdieu Petit Homme and Marie L. Petit Homme (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot II, Liberty Landing, Immokalee. 6) Approve change order # lOin the amount of $35,945.00 for additional construction administration, SFWMD well permit and modeling study, site visits by electrical engineer, reduced water meter size, pool lighting & night use certification and one year warranty inspection to contract #99-2947, Implementation of a Master Plan for the North Naples Regional Park. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Mongene (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 26, Trail Page 11 January 29, 2008 Ridge, East Naples. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Begerl Chery and Mirna Chery (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 28, Trail Ridge, East Naples. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Guerline Fanfan (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 21, Trail Ridge, East Naples. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Juliette St Hilaire (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 31, Trail Ridge, East Naples. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gasner Andre and Mathilde Andre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 158, Trail Ridge, East Naples. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ricardo Blanco and Anita Blanco (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 13, Block 6, Naples Manor Lakes, East Naples and authorizes a reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building Permit 2007041984 in the amount of $26,204.83. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Adiel Soler and Mirna Navarro (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit Page 12 January 29, 2008 located at Lot 159, Trail Ridge, East Naples. 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dugue J. Grand Jean and Yolene Grand Jean (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 157, Trail Ridge, East Naples. 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Esteban Racero Jimenez and Maria Gamez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 23, Trail Ridge, East Naples. 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Eltinor (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 15, Liberty Landing, Immokalee. 17) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dollie Gallegos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 14, Liberty Landing, lmmokalee. 18) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 19) To recognize that there is no funding requirement for the Inter-local Agreement for multi- county Agricultural Extension Agents and the $30,000 allocation to fund this agreement will be utilized to assist in meeting budget reductions for the Collier County University Extension department. 20) Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of parking facilities for the Page 13 January 29, 2008 County's Bayview Park at a cost not to exceed $264,700, Project 800603. 21) Recommendation to approve an Interlocal Agreement with the District School Board of Collier County for leasing approximately three (3) acres ofland adjacent to Elementary School K and approve a budget amendment for $400,000 from Parks and Recreation Fee Fund (346) for Proj ect #800911. 22) Recommendation to approve an Interlocal Agreement with the District School Board of Collier County for leasing approximately three acres (3) ofland adjacent to Elementary School J and approve necessary budget amendment of $400,000 from Parks and Recreation Impact Fee Fund (346) for Project #80090 I. E. ADMINISTRATIVE SERVICES 1) Recommendation to award RFP #07-4148, Security Services & Equipment agreement between Collier County and Johnson Controls, Inc. on an as-needed basis. (Not to exceed $150,000 per year) 2) Recommendation to ratify additions to and a deletion from the 2008 Fiscal Year Pay and Classification Plan made from October 2, 2007 through December 31, 2007. 3) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the first quarter ofFY 08. 4) Recommendation to approve an Agreement for Sale and Purchase with Raymond Bennett and Terry Bennett for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 5) Recommendation to approve a Lease Agreement with Collier Mosquito Control District for antenna space upon a County-owned communications tower. Page 14 January 29, 2008 6) Recommendation that the Board of County Commissioners approves an Agreement to provide a maximum expenditure of Fifty-Four Thousand Dollars ($54,000) from the GAC Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather stations. F. COUNTY MANAGER 1) Recommendation to approve a Resolution providing for user fees for Collier County ambulance services, billing and collection procedure, hospital transport billing and up-dated fees to generate revenues of approximately $103,750 which will help offset an anticipated shortfall for the FY 08 budget, adjustments of EMS user fees pursuant to Collier County Ordinance No. 96-36, waiver of EMS user fees for special events, and a procedure for approving hardship cases and payment plans; superseding Resolution No. 07-192; and providing for an effective date. 2) That the board of County Commissioners, as the governing board of the Ochopee Fire Control District, adopt a resolution accepting a donation in the amount of $9,0 14.31, and any subsequent distributions, from the estate and/or trust of Della E. Reynolds on behalf of the Ochopee Fire Control District. 3) Recommendation to approve a $99,000 budget amendment for Fiscal Year 2008 to make up for a shortfall of funds due to the Collier County Board of County Commissioner's decision not to implement a proposed fee collection structure for Emergency Management Services. 4) Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service and approve a budget amendment recognizing and appropriating the $250 annual renewal fee. 5) Approve budget amendments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 15 January 29, 2008 1) Recommendation for the CRA to approve a memorandum of understanding between the CRA and Bayshore Cultural Arts (BCA) for a non-exclusive use of Bayshore Gateway Triangle CRA office space for BCA operations; to authorize the CRA Chairman to sign; and to accept a BCA additional insured certificate of insurance for the CRA. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Will attend Immokalee Rotary Spaghetti Dinner, February 8, 2008. $100.00 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Will attend the ULI 11 th Annual Winter Institute on the Gulf & Pathfinder Awards Ceremony, February 21,2008. $65.00 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Will attend Cub Scout Wolf Pack #210 Awards Dinner, February 21,2008. $20.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Leadership Collier Alumni Challenge Celebration on Tuesday, February 5, 2008, at the home of Todd and Angela Gates; $150.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Naples Press Club First "Insider Breakfast of2008" on Thursday, January 24, 2008, at the Bellasera Hotel; $12.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The 58th Annual ENCA Banquet on Monday, January 21,2008, at Naples Page 16 January 29, 2008 Lakes Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island YMCA Stan Gober's Roast on Thursday, March 20, 2008, at the Marco Marriott Resort; $150.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island League Buccaneers Bash on Tuesday, January 29,2008, at the Marco Island Yacht Club; $50.00 to be paid from Commissioner Fiala's travel budget. 9) Recommendation for the Board of County Commissioners to approve filling a vacant position in the Board's Office as an exception to the current policy to not fill open or vacated general fund positions. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 05,2008 through January 11,2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve an Agreed Order for Payment of Expert Fees in connection with Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc., et aI., Case No. 04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $51,000.00) 2) Recommendation to approve a settlement agreement in the lawsuit entitled Virginia Devisse v. Board of County Commissioners, et aI. filed in the Twentieth Judicial Circuit in and for Collier County, Page 17 January 29, 2008 Florida, Case No. 05-807-Ca. 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. Petition: RZ-2006-AR- 10422 Myers Enterprises of Naples, LLC, represented by Tm Hancock of Davidson Engineering., Myers Enterprises, request a rezone from the Industrial (I) zoning district to the Commercial district (C-4) for a 1.83 acre project known as Naples Mazda. The property is located on Southwest Comer of Airport Road and J & C Boulevard in Section 11, Township 49 South, Range 25 East, Collier County, Florida. B. Recommendation to approve Remedial Amendments to the Capital Improvement Element of the Growth Management Plan, Ordinance 89-05, as amended, as set forth in the Compliance Agreement between the Department of Community Affairs and Collier County, including Petitioners-in-Intervention, and to transmit these Amendments to the Florida Department of Community Affairs C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2007- AR-11121, Chestnut Ridge, LLC, represented by William Hoover, of Hoover Planning and Development, Inc., is requesting a rezone of a 6.01- acre site from the Estates (E) Zoning District to the Mixed-Use Planned Unit Development (MPUD) Zoning District for a project known as Chestnut Place MPUD to allow 24,000 square feet of commercial and/or office space and 6,000 square feet of institutional space for property located at the Page 18 January 29, 2008 southeast comer ofImmokalee Road (CR-846) and Everglades Boulevard on tracts 113 and 114, in Section 29, Township 47 South, Range 28 East, of Collier County, Florida. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2007-AR-12232 John Hamilton, represented by Michael T. Traficante, Esq., requesting an after-the-fact Variance of approximately 1.4 feet. The O.13-acre site contains a single-family dwelling with a 3.6-foot side yard setback instead of the 5- foot setback required when the house was constructed in 1973. The subject site is located at 85 Shores Avenue, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-05-AR-84 1 6 Pezzetino di Cielo RPUD, Distinctive Residential Development at Livingston, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A. and Richard Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., request a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project known as Pezzetino Di Cielo RPUD. The subject property, consisting of 17.52 acres, is located on the east side of Livingston Road, approximately 4.5 miles north ofImmokalee Road and 5 miles south of the Lee County Line, Section 12, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 19 January 29, 2008 January 29, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Call the meeting of the Board of Commissioners to order this day of January 29, 2008. The -- would everybody turn off their cell phones or put it on vibrate so we may conduct the business of the day. First on the agenda we're going to have the invocation by Reverend Les Wicker, and then after that, we -- Commissioner Halas will lead us in the Pledge of Allegiance. So would you all rise and JOIn us. REVEREND WICKER: Let us pray. Oh, mighty God, for the privilege of prayer in a public forum of government, we offer thanks. How blessed we are to live in a country in which governing bodies may call upon your name as a source of strength and guidance. May we understand more fully the meaning of those words emblazoned on our currency, "In God We Trust", and may we always trust in you. The very thought of invoking a prayer for your guidance in a setting of government is a privilege. May it be a privilege we treasure and never take for granted, especially in light of the many who have made the ultimate sacrifice, that your name may be lifted up, not only in places of worship, but in places of government as well. Thus we pray for your guidance and wisdom in the events which will take place in this room this day. Hear us as we offer this in every prayer in your name, Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager, would you please walk us through today's changes. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- Page 2 January 29,2008 APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes Board of County Commissioners' meeting January 29, 2008. Item 3A1, William Craig will not be in attendance to receive his 20-year service award, and that correction's at staff's request. Item 4A to be accepted by Dan Summers, Emergency Manager Coordinator, again that is at staff's request. Withdraw item 6B. It's a public petition request by Patrick White to discuss orders finding violation relating to property owned by Jerry and Kimberlea Blocker, and that withdrawal is at the petitioner's request. Items lOA, 17 A and 17C. The documents in the agenda backup have the incorrect commissioner's name on the approval line. They should read, Commissioner Tom Henning, Chairman. And that clarification's at staff's request. The next item is item lOG, continued indefinitely. This is a recommendation to approve for the recording, the final plat of Mocking Bird Crossing, approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. And that continuation is at the petitioner's request. Item 10!. Replace the signature page for Miles Media Group change order number four to add the county commission chairman and Clerk of Court to attest the signature blocks. Also, the recommendation on the executive summary for Miles Media change order four should read, approve change order number four for $97,186 on the contract 05-3772 with Miles Media Group for enhancements to the tourism website to include a web site story tracking program, Google Maps, Blueway Web site Phase 2, e-blast program and other necessary enhancements and upgrades, and to authorize the chairman to execute the change order and subsequent contract amendment to Page 3 January 29,2008 extend the term an additional two years after approval by the County Attorney's Office, and that clarification's at staffs request. Next item is item 16A4, continued to the February 12,2008, BCC meeting. The same thing with 16A5 and the same thing with 16A6. These items were continued from the last board meeting at Commissioner Fiala's request, okay, so that they -- that the homeowners association and the developer could get together and work things out. In this particular case, things haven't been worked out yet and staff is meeting with the developer and the homeowners group to try to get that worked out by the next meeting. So I'll read 16A4, A5, and A6. It's a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Major Phase 1, Lely Resort PUD. Roadway and drainage ditch improvements will be privately maintained. It's a staffs request. The next item is for Major's -- that's 16A5, has to do with Major's, Phase 2, same roadway and drainage improvements, and they will be privately maintained. And 16A6 has to do with the final plat of Major's Phase 3, at Lely Resort PUD. Again, roadway and drainage improvements will be privately maintained. The next -- and again, those items are continued to the February 12,2008 BCC meeting. The next item is to move item 16E6 to 10J. It's a recommendation the Board of County Commissioners approve an agreement to provide a maximum expenditure of $54,000 from the GAC land trust to the Golden Gate Fire Control and Rescue District to purchase six weather stations. That item is being moved at Commissioner Coyle's request. The next item is to move item 16F3 to 10K. It's a recommendation to approve a $99,000 budget amendment for fiscal year 2008 to make up for a shortfall of funding due to the Collier Page 4 January 29, 2008 County Board of County Commissioners' decisions not to implement a proposed fee collection structure for Emergency Management Services. That item is being moved at Commissioner Coyle's request. Next item is item 16F4. Additional backup information for this item has been distributed and made available for review. That clarification's at staffs request. Item 16K2, a slightly revised executive summary and supporting documents have been provided to replace the executive summary and supporting documents appearing in the published agenda. Clarifications were made to the executive summary and legal sufficiency revisions are indicated in the attachments to the settlement agreement. Exhibit A to the termination of easements document also to be included as an attachment to Exhibit A to the settlement agreement. Again, that clarification's at staffs request. The next item is 17 A. The following verbiage in the first paragraph of Exhibit B is to be removed: One, any approval by the Collier County Planning Commission must be subject to the adoption of a companion small-scale Comprehensive Plan amendment, a finding of in compliance by the Department of Community Affairs DCA of said amendment, and the running of the time in which an affected person can file a challenge to the DCA filing. We got rid of that in the executive summary. We missed it in the exhibit, okay. But we did hear back from DCA on that particular one where we don't need a small-scale Comprehensive Plan amendment. Next item is time certain items. Item 9A to be heard at 10 a.m. It's a presentation by Andrea B. Sims of the Waters-Oldanti Executive Recruitment, a division of the Waters Consulting Group, Inc. That has to do with the county attorney recruitment. Next item is item lOB to be heard at 2:30 p.m., and that's a recommendation that the Board of County Commissioners approve the application of Inovo, Incorporated, for the job creation investment Page 5 January 29, 2008 program in the Advanced Broadband Infrastructure Investment Program and provide direction on the request by the Economic Development Council of Collier County related to the payment of an additional $1,000 per job for 49 existing jobs to be retained in Collier County and the development of a job retention program ordinance for future consideration by the Board of County Commissioners. And the last item that's time certain is item lOF, to be heard at three p.m., and that's a recommendation for the approval of the fifth Conservation Collier Active Acquisition List and direction for the county manager or his designee to actively pursue projects recommended within the A category. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Thank you. County Attorney, do you have any changes to today's agenda or announcements? MR. WEIGEL: Thank you, Mr. Chairman. No, we have no additional changes from Mr. Mudd's comments. Thank you. CHAIRMAN HENNING: Ex parte and any further changes to the agenda by the board members. Commissioner Coyle, do you have anything? COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda and I have no ex parte disclosures for the summary agenda or the consent agenda. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I have no changes to today's consent agenda. On the summary agenda, on item 17 A, I have had meetings and also some email in regards to this Naples Mazda that's located on the southwest corner of Airport and J&C Boulevard. Other than that, I have no other disclosures on the summary agenda. Thank you. CHAIRMAN HENNING: Thank you. Page 6 January 29,2008 I have no further changes to today's agenda and no ex parte communications on today's summary or consent agenda. Commissioner Halas -- or Commissioner Fiala? COMMISSIONER FIALA: That's right. I look like him. CHAIRMAN HENNING: No. My apologies. COMMISSIONER FIALA: I have no changes to the -- to the agenda and nothing to declare on the summary or consent agendas. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, good morning. CHAIRMAN HENNING: Good morning. COMMISSIONER COLETTA: Yes. I have no changes to the agenda. And on the summary agenda, l7 A, I've had correspondence, and 17C I've had correspondence. CHAIRMAN HENNING: Ms. Filson, do we have any speakers on today's agenda? MS. FILSON: No, sir. CHAIRMAN HENNING: Thank you. Then I'll entertain a motion to approve today's regular, consent, and summary agenda as amended. COMMISSIONER COLETTA: So moved. COMMISSIONER HALAS: So moved. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 29. 2008 Item 3A1: William Craig will not be in attendance to receive his 20-year service award. (Staff's request.) Item 4A: To be accepted by Dan Summers, Emergency Management Coordinator. (Staff's request.) Withdraw Item 6B: Public petition request by Patrick White to discuss Orders Finding Violation relating to property owned by Jerry and Kimberlea Blocker. (Petitioner's request.) Items 10A. 17A and 17C: The documents in the agenda backup have the incorrect Commissioner's name on the approval line. They should read: "Commissioner Tom Henning, Chairman". (Staff's request.) Item 10G continued indefinitelv: This is a recommendation to approve for recording the final plat of Mockingbird Crossing, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Petitioner's request.) Item 101: Replace the signature page for Miles Media Group Change Order #4 to add the County Commission Chairman and Clerk of the Court attest signature blocks. Also, the Recommendation on the Executive Summary for Miles Media Change order #4 should read: "Approve Change Order #4 for $97,186.00 on Contract 05-3772 with Miles Media Group for enhancements to the Tourism website to include a Web Side Story tracking program, Google maps, Blueway Website Phase 2, E-blast program, and other necessary enhancements and upgrades and to authorize the Chairman to execute the Change Order and subsequent contract amendment to extend the term an additional two years after approval by the County Attorney's Office." (Staff's request.) Item 16A4 continued to the Februarv 12. 2008 BCC meetinQ: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase One, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. (Staff's request.) Item 16A5 continued to the Februarv 12. 2008 BCC meetinQ: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase Two, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. (Staff's request.) Item 16A6 continued to the Februarv 12. 2008 BCC meetinQ: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase Three, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. (Staff's request.) Move Item 16E6 to 10J: Recommendation that the Board of County Commissioners approve an agreement to provide a maximum expenditure of fifty-four thousand dollars ($54,000) from the GAC Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather stations. (Commissioner Coyle's request.) Move Item 16F3 to 10K: Recommendation to approve a $99,000 budget amendment for Fiscal Year 2008 to make up for a shortfall of funds due to the Collier County Board of County Commissioners decision not to implement a proposed fee collection structure for Emergency Management Services. (Commissioner Coyle's request.) Item 16F4: Additional backup information for this item has been distributed and made available for review. (Staffs request.) Item 16K2: A slightly revised executive summary and supporting documents have been provided to replace the executive summary and supporting documents appearing in the published agenda. Clarifications were made to the Executive Summary and legal sufficiency revisions are indicated in the attachments to the Settlement Agreement. Exhibit A to the Termination of Easements Document is also to be included as an attachment to Exhibit A to the Settlement Agreement. (Staff's request.) Item 17 A: The following verbiage in the first paragraph of "Exhibit B" is to be removed: "1. Any approval by the Collier County Planning Commission must be subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the Department of Community Affairs (DCA) of said amendment, and the running of the time in which an affected person can file a challenge to the DCA finding." (Staff's request.) Time Certain Items: Item 9A to be heard at 10:00 a.m. Presentation by Andrea B. Sims of The Waters-Oldani Executive Recruitment, a division of The Waters Consulting Group, Inc. Item 10B to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners approve the application by Inovo, Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and provide direction on the request by the Economic Development Council of Collier County related to the payment of an additional $1,000 per job for 49 existing jobs to be retained in Collier County and the development of a Job Retention Program Ordinance for future consideration by the Board of County Commissioners. Item 1 OF to be heard at 3:00 p.m. Recommendation for the approval of the fifth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. January 29,2008 Item #2B and #2C MINUTES OF JANUARY 8, 2008 - BCC/EDC WORKSHOP AND JANUARY 10, 2008 - VALUE ADmSTMENT BOARD MEETING - APPROVED AS PRESENTED Entertain a motion to accept the January 8, 2008, BCC/EDC workshop and January 10,2008, Value Adjustment Board. COMMISSIONER FIALA: Motion to -- COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: -- approve. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-0. Commissioner Coyle has stepped out briefly. Item #3A SERVICE AWARDS: 20 YEAR ATTENDEES - PRESENTED Next we're going to go to service awards. Commissioners, I wish you would join me down in front of the dais to congratulate the employees of the county for their years of service. MR. MUDD: Okay. The first service award is for 20 years, and Page 8 January 29,2008 it goes to Kevin Hendricks for Transportation -- in the Transportation Division. (Applause.) COMMISSIONER FIALA: Isn't that cute? COMMISSIONER COLETTA: Awe. COMMISSIONER FIALA: You need to take a picture. COMMISSIONER COLETTA: We've got to get them up here with you. Take a picture with us and go back there and get one with them. MR. MUDD: Kevin, get your picture. Kevin, group in there. MR. OCHS: Get in the middle. Get in the middle. MR. HENDRICKS: In the middle? COMMISSIONER HALAS: In the middle. COMMISSIONER COLETTA: I just hope nobody mistakes you for a commissioner. COMMISSIONER FIALA: Oh, can we take a picture back with them? (Applause.) MR. MUDD: Our next 20-year awardee is Russell Muller from Engineering Service. (Applause.) MR. MULLER: Thank you. COMMISSIONER COYLE: Congratulations, thanks. COMMISSIONER HALAS: Hi, Russell. Thank you for your dedicated service. COMMISSIONER COLETTA: Hi, Russell. COMMISSIONER HALAS: Get your picture before -- COMMISSIONER FIALA: Let me get next to my buddy. MR. MULLER: Thank you. (Applause.) COMMISSIONER FIALA: Russ Muller is the one that got me started on cleaning up Bayshore back in 1991. Page 9 January 29, 2008 COMMISSIONER HALAS: Wow. MR. MUDD: The next 20-year employee is Juan Ortega from EMS. (Applause.) CHAIRMAN HENNING: Well, you're looking good. MR. ORTEGA: Thank you very much. CHAIRMAN HENNING: Your wife here today? MR. ORTEGA: No. COMMISSIONER FIALA: Congratulations. COMMISSIONER HALAS: Thank you so much. COMMISSIONER COLETTA: Thank you for your service. MR. ORTEGA: Young lady. COMMISSIONER FIALA: That's good, young. MR. ORTEGA: Thank you. (Applause.) MR. MUDD: Next 20-year awardee is Judy Puig from Community Development's Environmental Services Administration. (Applause.) CHAIRMAN HENNING: Thank you. MS. PUIG: Thank you. COMMISSIONER COYLE: Judy, thank you very much. COMMISSIONER FIALA: Thank you for all your service. COMMISSIONER HALAS: Congratulations. Thank you for all your dedicated service. COMMISSIONER COLETTA: Twenty years. (Applause.) MR. OCHS: Congratulations. MR. MUDD: Judy, congratulations. The next 20-year awardee is Marjorie Student-Stirling from the County Attorney's Office. (Applause.) CHAIRMAN HENNING: Thank for your guidance. Page 10 January 29,2008 COMMISSIONER COYLE: Marjorie, thank you. COMMISSIONER HALAS: Thank you very much. COMMISSIONER COLETTA: Thank you. (Applause.) MR. OCHS: Margie, congratulations. MR. MUDD: Congratulations. The next -- the next 20-year awardee is Valerie Thorsen from EMS. (Applause.) CHAIRMAN HENNING: Thank you, Valerie. MS. THORSEN: Thank you. COMMISSIONER COYLE: Congratulations. COMMISSIONER FIALA: Thank you. COMMISSIONER HALAS: Thank you very much. COMMISSIONER COLETTA: Thank you for your service. MR. OCHS: Congratulations. MR. MUDD: Congratulations. Now get your picture. (Applause.) Item #3B SERVICE AWARDS: 25 YEAR ATTENDEES -PRESENTED MR. MUDD: We have two 25-year awardees today, and the first is Gregorio Flores from Utility Billing. (Applause.) CHAIRMAN HENNING: Thank you for your service. MR. FLORES: Thank you. COMMISSIONER COYLE: Gregorio, th;mk you very much. COMMISSIONER FIALA: Thank you for all your service. COMMISSIONER HALAS: Twenty-five years. Went fast, didn't it? Page 11 January 29,2008 COMMISSIONER COLETTA: Another 25? (Applause.) MR. OCHS: Congratulations. MR. MUDD: Gregorio, congratulations. And our last 25-year awardee today, but not least, is Gary Hamm from Road and Bridge. (Applause.) CHAIRMAN HENNING: Thanks for your service. COMMISSIONER COYLE: Congratulations. Thank you very much. COMMISSIONER FIALA: You guys have sure helped me a lot. COMMISSIONER HALAS: Hi, Gary. Congratulations. COMMISSIONER COLETTA: Have you seen any changes in the past 25 years? (Applause.) Item #4A DURING THE WEEK OF FEBRUARY 3-9, 2008, THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT TOGETHER WITH THE NATIONAL WEATHER SERVICE AND THE COLLIER COUNTY BUREAU OF EMERGENCY SERVICES WILL URGE RESIDENTS TO TAKE MEASURES TO MAKE THEMSEL VES AND THEIR FAMILIES BETTER PREPARED FOR HAZARDOUS WEATHER CONDITIONS - ADOPTED MR. MUDD: Mr. Chairman, that brings us to proclamations today, and the first is, during the week of February 3rd to the 9th, 2008, the Florida Division of Emergency Management, together with the National Weather Service and the Collier County Bureau of Emergency Services, will urge citizens to take measures to make themselves and their families better prepared for hazardous weather Page 12 January 29, 2008 conditions. To be accepted by Mr. Dan Summers. COMMISSIONER HALAS: Gives me great pleasure to read this proclamation, especially with the past three years of what we've endured here in Collier County. Whereas, over the last three years, Collier County residents have been exposed to major weather hazards including hurricanes, tornadoes, wildfires, severe thunderstorms with lightning, flooding and deadly rip tides; and, Whereas, severe weather conditions have claimed the lives of hundreds of Floridians and resulted in billions of dollars of damage; and, Whereas, during the week of February 9 -- excuse me -- 3rd through 9th, 2008, the Florida Division of Emergency Management, together with the National Weather Service and the Collier County Bureau of Emergency Services, will urge citizens to take measures to make themselves and their families better prepared for the hazardous weather conditions; and, Whereas, the Severe W eather Awareness Week aims to promote weather safety, increased public awareness, improved preparedness, and reduce the occurrence of death and injury as a result of weather conditions; and, Whereas, being prepared includes creating an emergency supply kit containing items that will allow you and your family to survive for at least three days in the event of an emergency, developing a plan that addresses sheltering in place or evacuating the area, staying informed about different threats that could affect community, and getting involved by training in first aid and emergency response. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of February 3rd through the 9th, 2008, be designated as Severe Weather Awareness Week. Done and ordered this 29th day of February -- or January, 2008, Page 13 January 29,2008 Board of County Commissioners, Collier County, Florida, Tom Henning, Chair. And Mr. Henning, I make a motion that we approve this proclamation. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion to move the proclamation by Commissioner Halas. Second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. (Applause.) COMMISSIONER HALAS: Thank you for your dedicated service to Collier County. COMMISSIONER COYLE: Dan, congratulations. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Thank you. MR. SUMMERS: Thank you, ma'am. COMMISSIONER COLETTA: Thank you, Dan. MR. SUMMERS: Thank you very much. MR. MUDD: Dan, you've got take your picture. MR. SUMMERS: Whoa. Camera shy. (Applause.) MR. MUDD: Mr. Chairman, just so you know, we got some news here the other day that Dan and -- Dan Summers and -- has won the Florida Emergency Professional Association's Manager of the Page 14 January 29,2008 Y ear Award, and he'll be able to pick that up. And the other interesting one and the one that really makes me -- I'm not trying to underdo Dan's award because that's great, and we've got probably the best emergency manager in the country, but we've got a volunteer that won. Fred Edwards is -- was awarded the Emergency Management Volunteer award for the state, and he works down in our emergency management. And they'll go pick those up at a luncheon here in the next couple weeks. But that was some really good news that we got, and doesn't happen enough, I don't think. Item #4 B PROCLAMATION FOR "TURN IT OFF DAYS! WE'RE COUNTING EVERY DROP." - ADOPTED The next proclamation, a proclamation for Turn It Off Days! We're Counting Every Drop. To be accepted by Lynne Hixon-Holley. (Applause.) COMMISSIONER COLETTA: Good morning. Whereas, there's an ongoing drought more severe than any other for the past 100 years in Collier County; and, Whereas, the South Florida Water Management District, a district of the State of Florida water management office, declared Collier County to be under Phase 3 water restriction usage described as severe, to be in force January l5, 2008; and, Whereas, the Naples Woman's Club, a nonprofit organization, active in Collier County in the greater Naples community for over 75 years and having engaged in community improvement activities, fostering cultural opportunities and philanthropic endeavors since 1932; and, Page 15 January 29, 2008 Whereas, the Naples Woman's Club has been vitally instrumental in the community acquiring a free library, Youth Haven, the Chamber of Commerce, the Thrift Shop, and aiding as volunteers in many other capacities; and, Whereas, the Naples Woman's Club has joined in a community-wide effort of various organizations as water conservation partners to bring the water shortage and use to an acute awareness and has devised a plan; and, Whereas, the plan is to have the entire community join in a water day experiment on Tuesday, February 19th and Wednesday, February 20th. In those 48 hours, it is requested that all residents, visitors, and workers, engage in using all water conservation tips intensively to show that such efforts do make a difference; and, Whereas, county and city water authorities have the personnel and desire to monitor the portable (sic) water usage before, during, and after the two-day intense water conservation effort, and to calculate on a percentage per capita basis which entity, the county, Naples, Marco, or Everglades, have saved the most water and to be the winner of Water Days Experiments entitled, Turn It om We're Counting Every Drop; and, Whereas, all in Collier County are invited to be players in our own water Olympics. Can the citizens make a difference that will register a decrease in the monitoring usage? Therefore, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that the games begin at 12:01 a.m., Tuesday, February 19th, and end 48 hours later, and shall be designated as Turn It Off Day! We're Counting Every Drop. Done and ordered this day, the 29th day of January, 2008, and signed by Chairman Tom Henning. And with that, I make a motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to Page 16 January 29, 2008 move the proclamation, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Congratulations. Thank you. (Applause.) COMMISSIONER COYLE: Thank you very much. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: You did it now. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: Thank you for all you do. MS. HIXON-HOLLEY: We want the sheriffs department to Jom. MR. OCHS: Congratulations. MR. MUDD: Congratulations. MS. HIXON-HOLLEY: May I say a word? COMMISSIONER COLETTA: Before you do, we have a photo opportunity . MS. HIXON-HOLLEY: Oh, all right. COMMISSIONER COLETTA: There you go. COMMISSIONER COLETTA: Please, the podium of your choice. CHAIRMAN HENNING: Up there. MS. HIXON-HOLLEY: Over here? COMMISSIONER COYLE: Either one. COMMISSIONER HALAS: Either one. Page 17 January 29,2008 MS. HIXON-HOLLEY: Doesn't really matter. I accept this proclamation on behalf of the Naples Woman's Club and my 12 water conservation partners, including the South Florida Water Management District and many other water conservation people. We want to remind you, everyone is a player in these games. These are our own Olympic games. The one -- the governmental entity group who uses the least amount of water in this 48-hour period will be declared the winner. Your own Paul Mattausch of your county water department will crunch the numbers. He will use various things to make it come out as accurately fair as is possible in an endeavor like this. So we ask you, particularly on Tuesday, February the 19th at 12:01 a.m. to begin thinking, save, save the little rain drop, and keep it up for 48 hours. When you fill up that glass of water from the tap to take an aspirin, don't take a swallow and dump the rest. Just put in what you use. When you brush your teeth; when you're brushing, turn it off. We're counting every drop. We really feel with everybody participating, we can make a difference. The monitor -- the water monitors will prove it, and if we don't, there is something badly wrong with us. So thanks a lot. Incidentally, we invite you to a panel we're having of our water experts, and it's really an outstanding panel, to be held February the 13th at the Naples Woman's Club at 12 o'clock. It will last one hour only. If your aide will let us know you're coming, we'll reserve a special seat for you commissioners. And if any of you want to come let us know. And after that, remember to turn it off. We're counting every drop. (Applause.) MS. HIXON-HOLLEY: Thank you. Page 18 January 29,2008 CHAIRMAN HENNING: County Manager, I think we have time for a couple public petitions before we have to go to our time certain, maybe all of them. MR. MUDD: Okay. Are we going to do the presentations first, sir? CHAIRMAN HENNING: Oh, thank you. MR. MUDD: Because I think you have a whole room full of folks that are here for the presentations, and I believe it will get -- it will get a little bit cooler in here, too. Item #5A RECOGNIZING CHRISTOPHER ATCHLEY, CRAFTSMAN, FACILITIES MANAGEMENT, AS EMPLOYEE OF THE YEAR FOR 2007 - PRESENTED First presentation is a recommendation to recognize Christopher Atchley, Craftsman, Facilities Management as Employee of the Year for 2007. Christopher, if you could come forward, please. (Applause.) MR. MUDD: Christopher Atchley, Craftsman for Facilities Management, has been selected as the Employee of the Year for 2007. Chris is an energetic and dedicated employee, is an extremely hard worker who is often complimented on the speed and quality of the services that he provides his customers. An employee of the county since 2004, Chris always goes above and beyond what is asked of him. He treats each customer in a special way and treats each task as if it were the most important assignment he has ever undertaken. As a result, Chris is appreciated by everyone he meets. Chris responds quickly when something is needed and always follows up to Page 19 January 29, 2008 make sure that everything is done correctly. His positive attitude and demeanor, along with his sunny personality, always brings smiles. He truly makes the county a better place to work and live. He constantly exceeds expectations and takes great pride in his work. Chris truly deserves to be named Employee of the Year for 2007. (Applause.) MS. FILSON: Commissioner Henning? CHAIRMAN HENNING: Commissioners, County Manager, members of the public, and the employees here today, it's indeed an honor and a privilege for me to award and recognize Chris for the outstanding achievements, and selected by the employees of Collier County . And it's a true honor to present this plaque and a small donation of our appreciation for your dedicated service to the citizens and the employees of Collier County. (Applause.) CHAIRMAN HENNING: Thank you. MR. ATCHLEY: Thank you. Item #5B RECOGNIZING MURDO SMITH, REGIONAL MANAGER, PARKS AND RECREATION, AS SUPERVISOR OF THE YEAR FOR 2007 - PRESENTED MR. MUDD: Commissioner, our next presentation is a recommendation to recognize Murdo Smith as Regional Manager of Park and Recreation as Supervisor of the Year for 2007. (Applause.) COMMISSIONER HALAS: Murdo's for president. MR. MUDD: Murdo Smith, Regional Manager for Parks and Recreation, has been selected as Supervisor of the Year for 2007. Page 20 January 29, 2008 Murdo has been an employee of Collier County for over 30 years. During that time he has worked hard to develop and maintain relationships with his staff, supervisors, and members of the community. As a Regional Manager, Murdo chooses to lead by example. His staff works hard because he works hard. He attends all parks and recreation events and pitches in whenever needed. He does everything he can to make sure the job gets done. He shows his staff that sometimes it takes the whole group to get the task accomplished. When his staff does well, he is the first to give them credit. He is always quick to thank his employees for a job well done. Murdo is seen as a mentor to the employees in the parks and recreation department. He wants his staff to succeed and gives them the tools to do so. Murdo is an excellent leader and is an asset to the county . He is truly deserving of the award as Supervisor of the Year for 2007. (Applause.) COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. Thanks very much. MR. MUDD: It's humbling, isn't it, Murdo? COMMISSIONER COLETTA: Could we get a picture of the audience, too? CHAIRMAN HENNING: Commissioners, again, indeed a pleasure to recognize Murdo Smith for his achievements, not only as a leader in parks and rec., but many of us as private citizens and leaders of the community. Murdo has assisted us to serve and to make Collier County a better place to recreate. And I just want to give this plaque to you for Supervisor of the Year for 2007. (Applause.) Page 21 January 29, 2008 CHAIRMAN HENNING: And a small check in appreciation for your servIces. (Applause.) COMMISSIONER FIALA: Okay, okay. Oh, wait just one more second. Stay right where you are. Murdo, you go over there, and Sandy, come on up and take a picture with all of them. Let him see his fan club. I'm sorry to order people around. COMMISSIONER COLETTA: You're the person to do it. Okay, everybody. (Applause.) MR. SMITH: Okay. I promise I'll keep this short. I've got to get my speech out. COMMISSIONER COLETTA: Thank you, Donna. COMMISSIONER FIALA: You're welcome. MR. SMITH: Okay. First of all, I'm very humbled by this award and I would like to thank the board for this honor, as well as Mr. Mudd, Mr. Ochs, and the supporting guidance from Marla Ramsey, Barry Williams, over the years. I could not have received this honor without the support of the parks and recreation past and present staff. They're a great group of people, and I feel very privileged and honored to work with them over these years. They're all very special to me, and I just think they're a great group of people, and thank you guys for this. I really appreciate it. (Applause.) COMMISSIONER FIALA: Happy occasion. COMMISSIONER COLETTA: Hey, wait. We're losing everybody. Lock the doors. COMMISSIONER FIALA: Tell them, tell them. COMMISSIONER COYLE: It will be a lot quieter now. COMMISSIONER COLETTA: I guess they've got to get to work. Page 22 January 29, 2008 COMMISSIONER FIALA: Oh. It was good seeing you. Item #6A PUBLIC PETITION REQUEST BY STEPHEN D. KREYNUS TO DISCUSS PAVING OF DESOTO ROAD - PRESENTED AND DISCUSSED MR. MUDD: Commissioner, that brings us to public petitions. Our first public petition today is a request by Stephen D. Kreynus to discuss paving on DeSoto Road. Mr. Kreynus? MR. KREYNUS: Commissioners, my name is Steve Kreynus. I live off of DeSoto Road on Southeast 30th Avenue. My concern -- I met twice with Commissioner Coletta and it didn't reach my approval or my -- other people that live off DeSoto Road. There's three situations that I'd like to bring up that I have questions in my mind and I don't have a satisfactory answer to. They paved DeSoto Road north and south. Two different companies did it. Better Roads and another company by the name of -- I think it's Bonus (sic). MR. MUDD: Bonness. MR. KREYNUS: They did the north side, Bonness did, of DeSoto Road, which is about four miles, and Better Roads did the south side of DeSoto Road. Actually, there's three complaints, but let's -- let me present the first one. They claimed that they paved north DeSoto twice, and I'm refuted. I have not seen them, and I called them twice, they never did. They only paved it one time. And I have here some core samples that were taken by the county to convince me that they did actually pave it twice, but as you can see, there is something wrong with this picture. Page 23 January 29, 2008 This is south DeSoto which was paved twice, I know for a fact. I'm saying north DeSoto was only paved once. If you can take a look at the core sample, it kind of speaks for itself that it was only done once, and that was back in July. And I called the county and asked them twice now. They said they were supposed to pave it twice, which they never did, to my knowledge. And with these core samples, I just can't believe they paved it twice. That's north DeSoto. And also south DeSoto, Better Roads did the paving of that. The south side of DeSoto, approximately four miles, was like a washboard when they finished it. I mean, it was just a ripple when you go down it. And still to this day it was, meaning we didn't get our money's worth or it was paved correctly (sic). I called engineers twice on that and told them to stop it or go investigate it, because when I first came in, the road was bumpy, but they continued to and nobody foreseen it, so now what we've got on the south side of south DeSoto is a bumpy rode that we have to live with, and they've said they cannot repair it. So that's where we stand right now, that north DeSoto, to my knowledge -- and I have other people that will give affidavits if you need them -- that to their knowledge, if they -- unless they paved it at midnight when we were sleeping or something -- but they never paved it twice. And I guess, as you can see from the core samples here, if this is two layers and this is the way it's supposed to have been -- of course, south DeSoto was done with two layers -- that there's evidence that something is very wrong with the paving of the roads. And it was a really bad job on south DeSoto, and we've still got to live with the ripples on that road. It bumps our cars all the way from the beginning to the end, and they're saying there's nothing they can do about it. The third thing is that if all roads are supposed to be paved twice, they just completed in the last couple weeks Southeast 20th Avenue off DeSoto Road. It was only paved once; so therefore, I leave it up to Page 24 January 29,2008 you all. Are we getting our money's worth? Or it needs to be something investigated here that these roads were paved according to what the county contracted to do. I guess Commissioner Coletta can add light on this because we tried to beat -- we did everything possible that me and him could do before we brought it here to kind of settle it, and it was never settled to my satisfaction. Now we're living with bumpy roads down there that was paid for and not paved properly. Commissioner Coletta might add something to this because he knew I was very upset about it. CHAIRMAN HENNING: Are you done, sir? MR. KREYNUS: Yes, I'm done. CHAIRMAN HENNING: Is there any questions or comments from the board? Commissioner Coletta? COMMISSIONER COLETTA: Well, I appreciate you being here today. And the reason you're here today is because you weren't satisfied with any of the answers that staff came forward with. And I firmly believe in the process. And you're at that point in time where you're before five commissioners that represent the whole counties -- county, rather, and if they see something that they find to be out of the sort after they hear from staff, they can take all sorts of directions to try to remedy it, and that's why you're here today. I didn't want you spinning your wheels in a thousand different directions. I wanted you here today so you could be able to bring what you call is the evidence there and to be able to speak your piece, and also we can hear from staff, and then the commission may ask you some more questions, they may not, and then we'll proceed from there. Ifwe -- with the chair's permission, I'd like to call staff forward. CHAIRMAN HENNING: Well, the process -- and correct me if I am wrong. If the commissioners want a report, they can -- they can have it put back on the agenda. COMMISSIONER COLETTA: The report's pretty brief, Page 25 January 29,2008 Commissioner Henning. I don't think it's necessary to go on the agenda. CHAIRMAN HENNING: Do you have questions for staff? COMMISSIONER COLETTA: No, but staffs rebuttal to what was just said is pretty significant, and it would be brief. CHAIRMAN HENNING: Does the commissioners -- how do you want to proceed with this? Do you want to put it on a future agenda or do you want to get the report now? COMMISSIONER FIALA: Let's get -- COMMISSIONER HALAS: I'd just as soon get the report now from staff. I think they've probably researched this fairly. CHAIRMAN HENNING: Good. Do you have anything else, Mr. Kreynus? MR. KREYNUS: No, that's it, thank you. CHAIRMAN HENNING: Thank you. Good morning, John. MR. VLIET: Good morning. John Vliet, Collier County Road and Bridge Superintendent, for the record. Staff has looked into Mr. Kreynus' complaints. With DeSoto Boulevard, it was in pretty much disrepair, severe wheel rutting, et cetera. And what our contractors had done first is came through, filled the wheel ruts, came back through, put what they call a level course on top of that, and they actually came back and put a top course on top of that. Typically an overlay project which is basically a repair to a road -- it's not a new-constructed road -- typically we put down 165 pounds a square yard of asphalt. Overall, the average thickness that we put down on DeSoto both north and south for the entire project averaged two and a quarter inches. The rippling effect that Mr. Kreynus refers to -- we did look at the south end of DeSoto, actually had Better Roads go back out with their roller, their large rollers and basically, you know, based on Mr. Page 26 January 29, 2008 Kreynus' complaints -- and they did reroll portions of it and smooth it out a little bit more than what it was. They have since straight-edged it. They have found two locations that were outside of the 3/16th tolerance by about a quarter of an inch, which overall, for a repair project, is extremely good. The core samples were taken at various places, both on north and south ends, and there are various thicknesses of asphalt due to years of overlay. I have to disagree with Mr. Kreynus, you know. The job is done satisfactory in our opinion. And as far as lifts, sometimes you may not have to put two lifts, but in this case we actually did two lifts plus some wheel rut filling, and we're quite satisfied with what we've gotten from our contractors. CHAIRMAN HENNING: Please. COMMISSIONER COLETTA: Yes. In order to be able to prove that the asphalt was put down at sufficient quantities, how do you go about doing that? MR. VLIET: We receive weight tickets from the contractors. Every truck that goes and dumps a load of fill material, we get weight tickets, and that's how we make our payments as well is based on the quantities that go on the ground. COMMISSIONER COLETTA: And the tickets indicate that it met that specific guideline that we have as far as the amount of asphalt, or did it exceed it or was it short? MR. VLIET: Y eah. We actually exceeded what we normally put down, okay. As far as quantities, we've exceeded the average quantity that we'd normally put down on a regular overlay, and that was primarily due to the condition, the state that DeSoto was in to start with. CHAIRMAN HENNING: That's all the questions I got. Okay. Any further ones? (No response.) Page 27 I .,._,-,~.,~--,- January 29,2008 CHAIRMAN HENNING: Thank you. MR. VLIET: Thank you. CHAIRMAN HENNING: Next? Item #6C PUBLIC PETITION REQUEST FROM MR. DON BEACH TO DISCUSS RESERVING LIBRARY MEETING ROOM - DISCUSSED MR. MUDD: Commissioner, our next public petition is a request from Mr. Don Beach to discuss reserving the library meeting room. MR. BEACH: Location is good? My name is Don Beach. I live in Golden Gate, and I'm here basically to discuss meeting room arrangements, you know, through the library. For the past -- I'm specifically from PC Bug, a 501 C-3 organization focused on community and Internet education. We've been meeting at the Reese meeting room between six p.m. and eight p.m. for the last 15 years. And our membership is basic -- on the third Thursday of each month. And our membership is basically made up of Collier County senior citizens, although our meetings are generally open to anybody who's interested in learning anything about computers and the Internet. In the past we could go to the library supervisor sometime in the fall of each year and schedule our monthly meetings for the coming year. This year we were told that the library is now implementing a quarterly on-line room request system and we'd have to wait until December, 2007 to request the room for 2008, actually only the first quarter of 2008. But then when we did so, we found that the library had scheduled several programs for the specific time slot in several different months Page 28 . - . '-----r---.-- January 29,2008 during the time in which PC Bug normally meets. When Bob Hill, then president of PC Bug, called the Naples library, he was told that we should take comfort in the fact that the third Thursday was taken by the library themselves, as they, of course, have preference, not some other group. When asked why the library had set programs on these specific dates, we were told that the library, at the library advisory board meeting, that the staff who scheduled the library program some six months before had looked at the schedule and found no other programs scheduled for those times. This explanation makes sense only in the most bureaucratic perspective, since the library itself, through its own policies, prevented us from even making our regular request and also because the limitations imposed by the on-line room request system prevented us from even discovering that these conflicting dates had occurred. I fully note that Marilyn Mattes, the Library Director, has been very helpful in resolving the specific scheduling conflicts for February and March, and we appreciate her assistance, although word of the agreement did not quite filter down far enough in the organization to prevent some confusion and our being contacted last Monday that we would have to move our dates once again. Again, I thank Director Mattes for helping to resolve that situation. Until this past week, it was apparently not possible for the library system itself to be able to say for certain whether the library has programs slated on the third Thursday of any additional months during the course of this year. We would think that if there were any actual programs scheduled at specific times, they would be entered on the schedule and thereby be readily apparent. Quarterly scheduling means that because of the way that the on-line schedule calendar is configured -- because it is a piece of software and it's purely configured any way you want it configured __ even as late as November 30th, no one could even see what programs Page 29 -----.-1 January 29, 2008 the library had scheduled in January or later. For this quarter, even as late as February 28th, you will not be able to see, much less schedule anything, even as soon as April 1 st. It's very cut off. It's very opaque once you hit that date. From a citizen's perspective -- from a citizen's perspective, it would appear that as currently implemented, the library's room request system is not working to provide an accurate view of upcoming events for either the library or for groups. The current library room request system -- and it is simply a request system. You don't -- when you request a room, you don't get that room until after it has been processed by someone physically at the library who then sends you back an email that says that you actually have it -- strongly favors programs conceived and implemented on a short-term basis and discriminates against programs planned on a longer-term basis, which also -- which often involves scheduling speakers months in advance. The original request that you probably have in your paperwork is to set the procedure to establish groups to reserve a library meeting room for up to 12 months in advance of the event meeting date; however, after several emails, discussions, and a couple of library advisory board meetings, is has become apparent that the library schedules their own programs six to nine months in advance, hence allowing outside groups scheduled 12 months in advance might not be practical -- although it would be optimal for the groups -- but it may not be practical. But on the other hand, the strict quarterly policy as implemented is unduly restrictive. Perhaps the best balance would simply be to have the on-line library calendar to show all future library programs as soon as they are set and to allow groups to schedule meetings at the library meeting rooms on a rolling six-months basis, which would -- since they meet -- they schedule in six months to nine months in advance, should be able to do stuff six months out, which allows people to schedule in other programs. Page 30 ---'-1 January 29, 2008 This would allow everyone to see what is coming up, allow the library to schedule in whatever programs they may need and whatever time period and the time that they normally would schedule in these programs, and to set a reasonable window for groups by allowing the opaque situation in terms of seeing what's coming -- because we could not possibly see what was coming -- that is currently caused by the current scheduling policies. Essentially what we would ask is to set a procedure for establishing groups to reserve a library meeting room for up to six months in advance of the event meeting date in order to accommodate how the library actually schedules in their programs. That's my -- that's my notation. CHAIRMAN HENNING: Okay. Questions? And so you're requesting the board to? MR. BEACH: Set a policy that allows organizations on a six-month rolling basis to schedule in meeting rooms, which is -- seems reasonable. CHAIRMAN HENNING: Is this for organizations? MR. BEACH: Well, I would presume established -- CHAIRMAN HENNING: Private. MR. BEACH: -- organizations -- you know, we're a 501 C-3. We've gone through the whole procedure to, you know, do that. And I would presume that at least for, you know, established organizations in that category to be able to -- be able to plan in advance. The current situation is that we got hit, you know -- well, we avoided it because of Marilyn Matthes. We appreciated her assistance. We basically got -- were going to get run over by a freight truck, and we had no clue that it was coming. If the schedule was simply made open -- I presume it's usual open records and stuff like that anyway. So you know, if that schedule was simply set up so that people could see what was coming and allowed to schedule in after the time period that the library normally schedules in their programs, Page 31 January 29,2008 that would pretty much resolve most of the issues, and this current situation would never have occurred. CHAIRMAN HENNING: I think that we need to set policy for educational reference materials or whatever within the library system. I think that's what it's all about. But I don't see -- I don't personally -- don't think that we ought to have a dedication for anybody, whether they're 501 C or not. It should be something -- enhancement of the county programs. And knowing that we're having limitations on budgeting, expanding our existing programs, I'm not sure if you really need it. Commissioner Coyle? COMMISSIONER COLETTA: Commissioner Coyle was -- wanted to speak first, and then I would like to afterwards. COMMISSIONER COYLE: Yeah, Mr. Chairman, thank you. I agree. We're going to be under some fairly strict limitations in the future. Weare, in fact, considering scaling back the hours of our library operations because of budgetary considerations. We're not planning on closing any, but we're certainly considering a wide range of cost reduction measures. And it would be, in my opinion, not in the public's best interest to let organizations block up time for the entire year, and I think you've even acknowledged that. But I also think that it -- it doesn't make sense, as an example, to wait until December the 30th before people can schedule something for January. A rolling six-month period might be appropriate. Certainly you have to have some advance notification and opportunity to schedule. And I don't know what would be involved in modifying the software that library might use to do this. But I'd be willing to bet that the PC Bug organization could help the library out in making any software changes to the scheduling program, but they might also make changes so they'd be guaranteed their selections for the rest of the Page 32 January 29, 2008 year. But nevertheless, it's something that I think the library can do and should do. I mean, it just makes sense to do it on a rolling basis, but we have to be very careful that we don't let people block up things for an extremely long period of time because we won't be able to serve the general public's interest if we do that. There are also opportunities to look at alternate sites for meetings that are, perhaps, not at libraries. But -- and I would encourage all groups who use libraries and other facilities to start evaluating that, because we are going to be entering some very difficult financial times over the next few years, and we're going to have to make decisions we don't like making. But that's my only comment and my suggested guidance. CHAIRMAN HENNING: Commissioner Coletta, Commissioner Halas. COMMISSIONER COLETTA: Thank you. In might add to that. I think you're in the right direction. I can draw, for instance, an example within my own district. Before we had the Max Hasse Community Center, we had the library and we had the cooperative extension out there off of Immokalee Road. Neither one of them were set up where they could accommodate us on a regular basis, a predictable basis. The cooperative extension was a great place to hold meetings. The only problem is, is that they had many events that took place that were in line with their original mission that would conflict with trying to schedule meetings on a monthly basis, and so we realized that after a period of time. The library was inconvenient the way the hours ran. We had to be out of there by eight o'clock. The room was small. We realized that we were up against a rock and a hard place. And so what we did is we made arrangements to go to the fire department. They had a meeting room there, and the civic Page 33 January 29, 2008 association's been basically meeting there ever since. We've got a nice community center, but it's a little bit overused at the moment. But what I'm getting at is, is that I understand where you're coming from. You're offering a community service, you're doing it at no profit. You're -- it's an outreach that's absolutely wonderful to many of our citizens, especially the elderly. And if we can accommodate you in some way, we should; however, with that said, the library's going to have a specific mission, and trying to define that mission to fit everybody is going to probably be impossible. But in the same light, I hope that we can come up with some means and some way. And I realize that you have quite a bit of equipment that has to be moved from spot to spot, and how do you get it there. But maybe staff could work with you in some way they could offer you the amenity in some other place in the county. And it might even behoove you to consider on a rotating basis going to different places within the county offering this service to draw new people in that could use it. It's not always convenient, especially for the elderly, to be able to travel any great distance. Just a suggestion, Don. I'm not trying to tell you the library should be written off. It's just that I do understand the depth of the problem. And if we come to the point we have to cut the hours back to -- what is it, till eight o'clock now, the library? MR. BEACH: Yes. COMMISSIONER COLETTA: There's a good possibility that there may be an hour cut off of that just to try to make the budget work. So now you've got a problem with the library closing at seven. And I'm not too sure where we go from there. I'm sure the community centers will be able to make adjustments to be able to keep them open more reasonable hours by cutting them off at the early end of the day. I don't know. We're getting into parts of it we don't even know yet. But, please, work with us. Don't give it up. Don't say this is a venture that won't work any longer and put it on the shelf. Work with Page 34 "-,- January 29,2008 staff closely, talk to these commissioners individually, and we'll keep everybody apprised of the situation. Some way we're going to make it work because we're a community, and this community consists of everyone out there to make it work. MR. BEACH: I appreciate that. And basically, what Commissioner Coyle indicated, putting the reservation arrangement, you know, six months in advance, would be fine. That allows the library to schedule in everything that they would normally schedule in, because we've been told, they schedule in six months to nine months in advance. And we're -- we -- you know, whatever procedure the library establishes to reserve the room, that's the procedure we use. That's fine. CHAIRMAN HENNING: Commissioner Halas wants to give us some direction. COMMISSIONER HALAS: Yeah. I think basically instead of like just saying that you want to meet strictly at libraries, I think you need to maybe get with parks and rec. I think they've got some spaces available, and you may be able to have a time frame that you can set aside so that you can meet there. So not only libraries, but parks and recs. should be able to help you out also. In fact, they're almost -- they're under the same director. So hopefully that will give you some __ MR. BEACH: As long as we know what's coming up in terms of library -- COMMISSIONER HALAS: I'm sure -_ MR. BEACH: -- programs, then we can adjust. And we would be willing to do so. That's not a problem. CHAIRMAN HENNING: Commissioner Halas -- or Commissioner Fiala? COMMISSIONER FIALA: Yes. Do you have -- or how many people do you have coming to these meetings? MR. BEACH: Over the past year, we've been running around 40 Page 35 -- --...-------T January 29, 2008 to 70, depending on-- COMMISSIONER FIALA: Okay. MR. BEACH: -- the meeting. COMMISSIONER FIALA: I will-- I know that some of the assisted living facilities have meeting rooms that they offer to the community, and they welcome the community to come to them because it gives their residents a chance to come to some of these things as well. So that's just another thought for you. CHAIRMAN HENNING: Is there guidance to our staff on this topic? Did you want to ask them to bring back a policy for the board to adopt? COMMISSIONER COYLE: Yeah, that was the intent of my remark -- CHAIRMAN HENNING: Yeah. COMMISSIONER COYLE: -- is to suggest that the staff tweak their scheduling process a little bit to provide for some rolling opportunity. It just doesn't make sense to wait until the last day of the month before you can schedule something for tomorrow, you see. It should be on a rolling basis. People should be able to plan somewhat in advance. Even the library does that. So once they publish their schedule, it should be available to people at least on a 30- to 60-day advanced notice. CHAIRMAN HENNING: Are you okay with that, Commissioner Halas? COMMISSIONER HALAS: (Nods head.) COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Okay. We're okay with that. Thank you, Mr. Beach. MR. MUDD: Okay. MR. BEACH: That basically would solve the issue, that way nobody gets run over by a freight train because you can see it coming. You can get out of the way. Page 36 January 29,2008 CHAIRMAN HENNING: Thank you. MR. BEACH: That would be it. Thank you very much. Item #9 A PRESENTATION BY ANDREA B. SIMS OF THE WATERS- OLDANI EXECUTIVE RECRUITMENT, A DIVISION OF THE WATERS CONSULTING GROUP, INC., REGARDING CANDIDATES APPLYING FOR COUNTY ATTORNEY POSITION - APPROVAL OF THE SEMI-FINALISTS: ELAINE ASAD, MARIA CHIARO, GARY GLASSMAN, MICHAEL HUNT, JEFFREY KLATZKOW, JULIE LEE, RAYMOND REA, WILLIAM SPILLAS, JOHN TURNER AND DA VID WEIGEL _ APPROVED; MS. SIMS WILL PRESENT FINAL CANDIDATES AT FEBRUARY 12,2008 OR FEBRUARY 26,2008 BCC MEETING CHAIRMAN HENNING: We have a time certain that we're a few minutes late, and that is item 9A. MS. FILSON: Yes, Mr. Commissioner -- oops. I'm sorry. MR. MUDD: Go ahead. MS. FILSON: This is a presentation by Andrea Sims of the Walters -- of the Waters Executive Recruitment firm regarding the county attorney position. MS. SIMS: Good morning. I wanted to go over the process that we used in the recruitment and recommend and get your approval for semifinalists that we will interview and have a further presentation at the end of February for your review to select finalists for you to interview. Just to go over the process, we put together a brochure, had it approved by the county's offices. We advertised in numerous national organizations' magazines. In addition, we sent the brochure, both Page 37 r...~"-"."" January 29,2008 electronically and through direct mail, to attorneys in Florida and across the country. We also made significant direct calls to persons in county and city attorney offices within the State of Florida. We also were referred to the Florida Trend magazine's Florida Legal Elite. They had a public -- they had a public attorney section, and we called candidates from them. We were very excited about the candidates that we received. At the time that we selected people to receive questionnaires On the 14th of January, we had received 27 applications. These resumes were reviewed, and we were focused On those from Florida with public experience, management experience in growth communities. Eighteen people out of the 27 were sent questionnaires to complete to gather more information On their background. Those that had returned the questionnaires by January 22nd are included in the books that you've received. At the time that I -- we -- since the initial review we have received 15 additional applications. Out of those additional applications, two are worthwhile to consider, and I'll, you know, handle that as we further discuss. Out of the resumes that you've received -- and you have all the resumes that have been received as of the 14th, even those that we did not include. In addition you have the questionnaires. I'd like your guidance On whether you would like recommendation for those we want to move forward on, if you want to go over each person, or you CHAIRMAN HENNING: Personally I'm comfortable. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm very comfortable with the recommendation to bring it back for -- I believe you're talking about bringing it down to five recommendations? MS. SIMS: No. I'm talking about bringing it down to-- COMMISSIONER COYLE: Thirteen. January 29,2008 MS. SIMS: -- nine right now with the two additional, and we'll ultimately get to five when I come back next. Because with these question -- with the persons that I'm inter -- that I've selected as semifinalists, I'll have a one-on-one interview with them, you know, either in person or video conference, they'll prepare more written information, provide a list of their top accomplishments, a critical problem that they're currently working on, a copy oftheir ORC chart, a list of references, and we'll go through about 12 due diligence questions. COMMISSIONER COLETTA: I understand what you're saying. But it's five that you're going to -- you're recommending. Would it make more sense -- I mean, we can always ask for a name to be reconsidered if we wanted to. Wouldn't it make more sense to come back maybe with three recommendations, and that would help to narrow the field? Or do you think that they're all so equal that out of five, that it would be very hard to pick. MS. SIMS: I like to narrow it to nine or 10 at this stage to make sure that when we start talking truly about their management experience and vet with the due diligence that we make sure that we're not narrowing it too closely. We want to present three to five to you to interview because at that time they would have been referenced, we would have gone through the civil, criminal background checks and all of the like. COMMISSIONER COLETTA: Well, you just said three to five. MS. SIMS: For you to interview. That's when you're -- when I come back on the 20 -- either on the 12th or the 26th of February, I'd be recommending, you know, five people for you to interview. Sometimes people will narrow it further and say, oh, I don't want to interview five. I'm okay interviewing three or four. COMMISSIONER COLETTA: Okay. I understand. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: No. Page 39 -I January 29,2008 CHAIRMAN HENNING: No. Commissioner Halas? COMMISSIONER HALAS: Yeah. The information that you supplied to us as a Board of County Commissioners, I was very much impressed. There was a lot of research that went into this, and I also did a lot of research on my own, and I came up with five people, five candidates that -- with just the information that you supplied. Are you saying that what you're going to do is, the additional applications that you presently have, are you going to include them in another book that's going to be presented to us to read their biographies and their work experiences and things of this nature? MS. SIMS: I would provide their questionnaires and their resumes for you, you know, if you were, you know, to be interested in seeing those two additional. COMMISSIONER HALAS: So are you saying that this is just a preliminary book, that we're going to get another book on top of this with additional? MS. SIMS: This would -- it would be just two resumes and two questionnaires. COMMISSIONER HALAS: With what we've already been supplied? MS. SIMS: Uh-huh. COMMISSIONER HALAS: Okay. So then what you'll do at that point in time is you'll scrutinize it in more detail, and then you'll limit this to at least five or six people? MS. SIMS: If you want me to go to five or six, I will. I'd prefer to go -- COMMISSIONER HALAS: I-- MS. SIMS: I'd prefer to, you know, keep it at a higher number. But if you'd prefer to go to five at this stage, I can. Typically we don't get to five until we have the in-person interviews. The information you have right now is based on the candidates writings and, you know, some quick telephone discussions Page 40 January 29, 2008 that I've had. We typically like to have more in-depth discussions. The interviews I have with the candidates are usually at least an hour, hour and a half. We go through several due diligence questions to make sure that what, you know, they're presenting On paper and what we ultimately present On paper is, you know, fully vetted. COMMISSIONER HALAS: Ifmy -- if the board here has this same idea as I have, I would like to see where we have five candidates, that you go through and scrutinize all of the -- all the information, all the candidates, come up with five, and then what we can do is look at it -- after we look at all those five candidate, we can probably come up to a conclusion that two of them need to be thrown out and we have the three then, so -- CHAIRMAN HENNING: You just want to short down the process? COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: That's what you're saying. COMMISSIONER HALAS: But I'd like to make sure that we start off with at least five candidates that they've come up with. CHAIRMAN HENNING: Well, let's make sure that we're On the same page. What you're asking for is to approve your -- the top 10? MS. SIMS: Uh-huh. That's what I was looking for. CHAIRMAN HENNING: Right. MS. SIMS: But it sounds as though there's interest in going-- CHAIRMAN HENNING: Let's just make sure that everybody understands. So we go from the top 10. From top 10, you will do an interview and make recommendation -- COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: -- of a top five? MS. SIMS: Right. CHAIRMAN HENNING: Okay. So now we understand that process. And Commissioner Coyle wants to give some direction. Page 41 January 29, 2008 COMMISSIONER COYLE: Yeah. I'm confused about the numbers. There are 13 people in this document that are highlighted in red that I presume are the 13 that you wanted us to approve today. Now I've heard numbers of nine or 10 thrown around. We've got to get specific. I've also heard discussion about we're going to add two or three more to the list. I don't understand what we're doing here. MS. SIMS: I want -- okay. Let's go through. In the master applicant list that is in the table of contents, we had 13 people -- we had 13 people highlighted in red. All of those people were asked to complete questionnaires. COMMISSIONER COYLE: Okay. MS. SIMS: Those that completed the questionnaires are included in the book. COMMISSIONER COYLE: Okay. So the only 10 that you're recommending are the 10 that you identified On the separate memorandum? MS. SIMS: Right. COMMISSIONER COYLE: Not in the book? MS. SIMS: Right. COMMISSIONER COYLE: Okay. MS. SIMS: Right. They're in the back. COMMISSIONER COYLE: Now, you talked about an additional two or three that you're going to be sending to us. Is that in addition to the 10 that you're now recommending or were they considered when you narrowed it down to 10? MS. SIMS: No. I looked at -- I did my final review of all the applicants. There's some people that had applied since I got the book out. COMMISSIONER COYLE: Okay. MS. SIMS: I looked at all the listings, and out of those that I saw, I saw an additional two that could be considered. I would recommend, if we were to consider those two, you know, I would Page 42 January 29,2008 have them receive questionnaires and, with your permission, have them interviewed. I would also recommend that we take the application for Collier County from our website so there'll be no other late applicants to muddy things up. COMMISSIONER COYLE: Now, that will mean there will be 10 people plus two more? MS. SIMS: Uh-huh. COMMISSIONER COYLE: That will be 12 people in the final approved list? MS. SIMS: Yes, that I would interview, and I would come back to you with the pros and COnS on those people. And you -- you know, and I would be narrowing that group to five. COMMISSIONER COYLE: Okay. You would not expect us to make a decision about which of the 12 that you have selected? You would be expecting us to make a decision on the five or six that you're recommending? MS. SIMS: Because those would be the ones that would be coming to interview with you all. COMMISSIONER COYLE: Right. Now -- but before we reach that point, I think we must allow for the members of the board to dispute anyone who might have been eliminated in your screening. MS. SIMS: I agree. COMMISSIONER COYLE: Okay. So the next time we come together to do this, I would guess that we would be asked two questions, number one, to approve the list of your final five or six finalists and take into consideration any disagreements we might have with respect to people who are left off that list. MS. SIMS: Okay. COMMISSIONER COYLE: Right. MS. SIMS: If they're people that you feel that should have been considered that -- whose resumes are in the back of the book right now, I'm open to that. Page 43 January 29,2008 COMMISSIONER COYLE: Okay. Now just for the commission's information, I'm not suggesting that I be -- I have the right to pull somebody out of the rejected list and put them On the recommended list. That should be a majority vote of the commission. I don't think any individual commissioner should have the right to pull somebody out of the rejected list and put them On the finalist list unless there's a majority vote, okay? Otherwise, it will turn into a CIrcus. MS. SIMS: Oh, no. CHAIRMAN HENNING: And you're just saying out of the short list, if there's somebody that you strongly feel about, you want to have those requests to put those back in for consideration? COMMISSIONER COYLE: That's right. But it has to be a majority vote of the board. It's not just something that an individual commissioner should be able to do. CHAIRMAN HENNING: Even from the short five to six you're saying, okay. COMMISSIONER COYLE: Yes, yes. CHAIRMAN HENNING: Okay. One thing that I want to say, and then I'll give it to Commissioner Fiala, in my perspective, if somebody's late with this -- with their application, you know, I don't know if I'm going to have too much confidence in that person of giving us information in a timely fashion. That's my perspective. MS. SIMS: I understand. CHAIRMAN HENNING: And, you know, I don't think there's any excuses, period. So Commissioner Fiala? COMMISSIONER FIALA: Y es. Would we ever be allowed, if we have different contacts in some of these places, is it out of line for us to, say, call a friend that we have living in that particular city and say, how is so and so performing or how have they performed? MS. SIMS: As part of the referencing process, yes. Page 44 January 29, 2008 COMMISSIONER FIALA: It would be all right if we did that? MS. SIMS: Yes, if you would give us those names. We have people in our office. What we do is, when we ask for references from the candidates that are semifinalists, we ask for 10 to 15 and -- we ask for 10 to 15. We want people that they've worked for, people that have worked for them and peers in the industry. Typically -- so we end up with somewhat of a 360-degree review. The other thing is, because people are in the public sector if, through our research, LexisNexis, through Googling their questions, we will, you know, question, and if names come up, we will check with those individuals also. If you have names for us in those jurisdictions, we'd appreciate it if you'd give those to us so that we can have the person do that. We attempt to do it without bias. So I'm the lead consultant On this and I'm the One who interviews all the candidates and collects a lot of the information. We have another person in our office who's a trained professional who does the referencing process. Not to say that I'm, you know, that I'm a biased person, but just to make sure that we have someone else who hasn't had the frequent contact that I have through the interviewing process to hear other things about the person. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Just an observation concerning Commissioner Fiala's concern. I think it's important that we be careful that we not get into the same situation that the school board is in right now. CHAIRMAN HENNING: That's smart. COMMISSIONER COYLE: Ifwe start individually contacting people we know in another city and getting them involved in the process, I think that exposes us and -- so here's my suggestion. If you -- if you know of a reference, then we do it in the public here, we notify our consultant, our search firm, have you checked this Page 45 January 29,2008 particular reference, and let that reference be checked independently of any personal contact by us, because it could be viewed as an attempt by One of the commissioners to interfere in the selection process. MS. SIMS: I agree with that, and that's why, you know, we would have our office do that. When the people -- when you get the final five here to interview, you'll have a book On the final five, you'll have the management profile that I'll prepare based On my interviews and the materials that they've supplied. You'll have a copy of the ORC chart that they currently manage. You'll also have the references. And you know, we -- we share the notes from the references in the book that you'll receive so that you will have, you know, full disclosure. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: And just one final comment. I agree with Commissioner Henning's position On close -- cutting off the time. If people were late in getting in their applications, that's tough. We set a deadline. Deadline should be enforced. I believe that we should deal with the deadline. And I have no idea who submitted things when. But in any event, I would agree with that position, Commissioner Henning. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah, just to give Commissioner Fiala some comfort, you can either Google these people or you can also get On LexisNexis and also do research, and it gives us some additional information on those particular people. That's what I was doing this weekend. COMMISSIONER FIALA: Oh, okay, thanks. COMMISSIONER HALAS: It will give you a lot more insight into the candidates. CHAIRMAN HENNING: I've never been to LexisNexis. I'd like to learn a little bit more about it. Not now though. Page 46 ! ...,----" January 29,2008 MS. SIMS: No. I was getting ready to say, you know, you're doing a lot of the work that our office does, and that's fine, because we want you to feel comfortable with the candidates that are presented. CHAIRMAN HENNING: And that's great that commissioners are doing that. I personally made phone calls myself to try to get some guidance from people in the community. So we just need to narrow down the direction as you understand it. So if you would repeat what you understand from the wishes of the board. MS. SIMS: Okay, then. What I'm hearing from the board is that I -- what I need from the board is approval of the semifinalists that I have listed, the short list. CHAIRMAN HENNING: Do you need that in a motion? MS. SIMS: Yes. COMMISSIONER COYLE: Could we ask that she read the names of those people so the public will understand? MS. SIMS: Sure. Elaine Asad, Maria Chairo, Gary Glassman, Michael Hunt, Jeffrey Klatzkow, Julia Lee, Raymond Rea, William Spillias, John Turner, and David Weigel. CHAIRMAN HENNING: Entertain a motion at this time. COMMISSIONER COLETTA: So move. COMMISSIONER HALAS: I'd like discussion. There's One individual that I was interested in. I don't know if my -- rest of the board members are, and that was John K. Dickerson. Did anybody do any research On that? CHAIRMAN HENNING: Well, let me recognize the motion and see if there's a second, and also we can also amend the motion. Commissioner Coletta made a motion to accept the one through lOon today's list. Is there a second to that motion? COMMISSIONER COYLE: I second it. CHAIRMAN HENNING: There's a second to the motion. Commissioner Halas, you wanted to ask the motion maker to Page 47 January 29,2008 amend it to add an additional person to the short list. COMMISSIONER HALAS: One additional person, if we could, and that would be John K. Dickerson. COMMISSIONER COLETTA: May I ask why, sir? COMMISSIONER HALAS: Because I looked at the background and I felt very -- I was quite taken by the background that this individual had. He worked for my former company, Ford Motor Company. He was in the law firm there at Ford and was involved in land negotiations and things of this throughout the country. COMMISSIONER COLETTA: Yeah. To be honest with you, I feel a little uncomfortable doing that, to be honest with you. We hired a consultant to bring us to this point, and I feel -- COMMISSIONER HALAS: Well, he was listed in the book here. CHAIRMAN HENNING: Right. He was in the book. COMMISSIONER COLETTA: Well, I know he's in the book, but he's not one of the 10 recommended, and I'm keeping the motion just -- COMMISSIONER HALAS: Yeah. That's why I just asked. CHAIRMAN HENNING: Okay. So it's not seconded by the second, and I agree with that. I prefer somebody to have some background in Florida law personally. So there's a motion and second On the floor. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 48 January 29, 2008 So tell me what your understanding of the process that the board -- additional to what your recommendations are. MS. SIMS: Okay. I will take the 10, interview them, we'll share -- we will be pushing to finish the interviews as SOOn as possible. If we can have them finished by next week, that would be the best case for us because we would be able to present the listing of candidates for the short -- the final short list for your meeting on the 12th. If we are not able to schedule them by the end of next week, then that will take place On your meeting of the 26th. And at that time, I would have had an -- a one-on-one interview with each of the candidates. You'll have -- and I'll prepare the pros and Cons On each of their candidacies. We have a very strong pool, so you should feel very good that there were so many people that were very interested. I'll be assessing their management and, you know, future fit for the organization and, you know, seeking your approval at that point. CHAIRMAN HENNING: Okay. And I just ask you to work through the county attorney -- or county commission's office manager, Sue Filson, and Sue will work with the county manager to make sure that we're not bungling up the agenda too much; is the good? MS. FILSON: Can I just ask One question? When you bring the final five back On February 12th or the 26th, we are not planning to interview them at that time? The board will do that in March? MS. SIMS: Right. MS. FILSON: Okay, good. CHAIRMAN HENNING: Any -- anything further? (No response.) CHAIRMAN HENNING: Okay. Do we want to take a break now or wait till this afternoon? COMMISSIONER COYLE: Did we vote On this? MR. MUDD: Yes, you did. CHAIRMAN HENNING: Yes, we did. Page 49 January 29,2008 COMMISSIONER COYLE: Could I just make one comment about the future meeting? Be very brief. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Okay. I would suggest that we give some thought about our protocol for questioning the people -- Once we get to the next meeting, and we've got the five or six finalists, we need to, at the following meeting, develop the protocol for questioning them. We -- I've been told we cannot exclude any of them from the audience, so it would be unfair if we just brought one up and asked them the questions and then somebody else comes up. They already know what the other people have said. It gives them an advantage. So we need to develop a protocol that sort of levels the playing field a little bit, and maybe do it the way you handle some of the political forums where, you know, you put them in alphabetical order and you start with the one, the first of the list for the first question, the one at the end of the list for the second question, and the middle of the list for the third question and so forth, and then that mixes it up a little bit. But we need to give some thought to that so that at the next meeting maybe we can make some decisions. CHAIRMAN HENNING: That is very good. I like that suggestion. COMMISSIONER HALAS: Have them go outside. COMMISSIONER COYLE: I don't think we can exclude them. They can go outside and still listen. That's the problem. MS. SIMS: Yeah. I was getting ready to say, that makes it -- that makes it more of a challenge. CHAIRMAN HENNING: We can also expand upon questions during that process. But I think that's apropos, and we'll have to start thinking about questions that we need -- want to pass through Sue. MS. SIMS: Yeah. I mean -- and again, you know we do public sector search a lot and we do it, you know, even in Florida. And even Page 50 January 29,2008 when they're public meetings, we recommend to the candidates that they not -- you not, as a courtesy, not sit in on their, quote, competition's interview. But of course, if they choose to ignore us, that's -- COMMISSIONER COYLE: They could just go look at the television somewhere and -- MS. SIMS: Or they could be sequestered in a room without a television. COMMISSIONER COYLE: I don't think we can do that. COMMISSIONER HENNING: Well, good. Well, should we take 10 minutes? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Good. We're taking a 10-minute break. We'll be back at 10:40. (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. Item #6D PUBLIC PETITION REQUEST FROM LEEANNE W. GRAZIANI REGARDING EMINENT DOMAIN FOR SANTA BARBARA BOULEVARD - REGARDING PARCELS 134, 135, & 136- DISCUSSED CHAIRMAN HENNING: Thank you. The next -- going to go back to public petitions. The next public petition is a request by Leeanne Graziani to discuss regarding the eminent domain On Santa Barbara. MS. GRAZIANI: Can I provide a few copies of the timeline and some pictures to the commissioners? Page 51 January 29,2008 MR. MUDD: Sure. Just give them to me. I'll take them. MS. GRAZIANI: Thank you. COMMISSIONER HALAS: Can I ask a question to the -- CHAIRMAN HENNING: Sue? COMMISSIONER HALAS: No, to the attorney. MS. FILSON: Do you want me to start now? CHAIRMAN HENNING: Oh, before the public petition, Commissioner Halas has a legal question for County Attorney's Office. MR. KLATZKOW: Yes, sir. COMMISSIONER HALAS: This particular public petition, I believe, is there -- is this in litigation at the present time? MR. KLATZKOW: Yes, it is. COMMISSIONER HALAS: Should we be listening to this then? MR. KLATZKOW: That's a policy question for the board. It's in eminent domain at this point in time. COMMISSIONER HALAS: And it is in court? MR. KLATZKOW: Yes, it is, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: Sir, I think maybe we shouldn't be listening to this. CHAIRMAN HENNING: Yeah. I personally disagree. I think we're here for the public, members of the public. Doesn't mean that we need to take action on anything, but I think it's something that we need to go through the process. Commissioner Coyle, do you want to hear this public petition? COMMISSIONER COYLE: I don't have a problem hearing it. I'm going to refrain from making any comments at all concerning this issue since it is in litigation. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I feel the same way. I don't Page 52 January 29, 2008 mind listening to it, but I feel that we would compromise our position if we make any comments. COMMISSIONER COLETTA: Yeah. I think this is a public forum that's available to whoever wants to bring whatever subjects forward, and I strongly encourage them to do it. But Once again, I don't feel there's the need to make comments when anything's in litigation. CHAIRMAN HENNING: Thank you. Please, Ms. Graziani. MS. GRAZIANI: Yes. Thank you. CHAIRMAN HENNING: Continue. MS. GRAZIANI: My name's Leeanne Graziani, and my family lives at 2861 and 2801 Santa Barbara Boulevard, and I'd like to take this opportunity to discuss the eminent domain process and how it affects our nearly 500 linear feet or nine and a half acres at the northwest corner of the Santa Barbara Boulevard/Golden Gate Parkway intersection which are parcels 134 through 136 on the map that I provided and on the visualizer. And I'll quickly walk through a time line of events that have bearing on our situation and reserve any of my remaining time to respond to any comments following my presentation. On October 22, 2009, the Board of County Commissioners approved resolution number 2002-442, which is -- which authorized the acquisition of the right-of-way required for the widening of Santa Barbara Boulevard. The motion also recommended that where property owners are willing to sell the parent tract and all improvements and the county determines a significant impact On the parent tract as a result of the project, staff is authorized to acquire the parent tract at fair market value. On April 16, 2003, at the Santa Barbara/Logan Boulevard workshop, the BCC realized that approximately 10 homes would be extremely impacted by the project and that the board should provide those homeowners with the opportunity to sell their entire homesites Page 53 January 29, 2008 to the county. Commissioner Coletta added that a reasonable inconvenience fee should be considered when offering to purchase those impacted properties. Our parcel 136, which is 11 foot from the right-of-way following the taking was identified as one of those 10 homes, but we were never advised that a list was generated as early as August of 2002 or that our parcel was on that list. Parcel 137, which is immediately adjacent to our parcels -- and I did indicate those parcel numbers in the map that I provided you -- has been left within 35 feet of the right-of-way and was also identified on that list. That property owner was also concerned about the continued enjoyment oflife after the project due to the roadway's proximity to their home. County staff recommended, and the BCC approved as a consent agenda item, the purchase of that property at their June 6, 2006, meeting. Within a short time after closing On the property, that parcel was deemed surplus and resold to the sole bidder, who was the next door church as a parsonage. The summary that I provided to you just, right before the green page, provides the status of the other parcels that was on that short list of 10, some of which are no longer eligible for purchase, as the length of the road project was shortened. The six parcels, parcels 122 and 126, which are located on the southeast corner of Santa Barbara and Golden Gate Parkway and known as the Parkway Center PUD, were not identified on that short list as eligible for buy-out; however, following protracted negotiations relating to the PUD sunsetting provisions, compliance issues related to the Growth Management Plan, property values based on more intense zoning than had initially been sought or approved and securing funding source buy-out, staff ultimately recommended and the BCC Page 54 January 29,2008 approved at their September 12, 2006, meeting the purchase of the entirety of the parcels primarily due to the property owner's reliance On a cross-access easement approved after the original PUD was in place. And to date, I don't believe the county's identified a use for that property following the completion of the road widening project or the intersection improvements. Residential parcels 132 and 133 are just one driveway to the south of our parcels, and staff recommended and the BCC approved an increase in the compensation over what was originally offered through the county's program that was substantially greater than what was initially offered, and we are assuming that was likely because of the flawed appraisal process by the original appraiser. There was some initial confusion on our part as to whether the county had placed commercial values based on a pending compo plan amendment that was ultimately rejected, but the County Attorney's Office confirmed on January 15th of '08 that that easement was acquired at residential values. And I've got some pictures in there that can show you that our properties are just about as similarly situated and more impacted by the road widening, and we agreed to negotiate with county staff using the same approach, but staff has asserted that our properties are apples and oranges for those. And we believe that the pictures provided which compare our parcels 134 and 135 with parcels 131 and 132 in the after condition reflect that our properties actually were more impacted in the after condition. Just to let you know, we've been through nearly a year of construction now, and the negative impact On our property and our quality of life becomes more obvious each day. We believe our properties are the most heavily impacted by the right-of-way taking, as we'll end up with 10 or more lanes in front of our house, plus the bike lanes and the sidewalks. The county appraiser -- county's appraiser suggests that the Page 55 January 29,2008 addition of landscaping and a concrete wall will bring parcel 136 to the before condition -- that's the one that's 11 feet from the right-of-way -- but it's clear from the pictures, or even a drive by the property, that that home isn't livable in the after condition as determined by staff and outside consultants well before offer letters were drafted or negotiations began. We received our offer letter from the county in July of '05, and our property was taken in July of '06. It seemed that our property had gotten lost in the shuffle, so I contacted staff in March of '07 at the start of the road construction and opened a dialogue to try to resolve our situation. We requested that the county either buy us out or, in the alternative, settle with us in a manner similar to the approach used for the nearby parcels 131 and 132, while recognizing that the home on our parcel 136 was not livable in the after condition and would either need to be rebuilt elsewhere -- and would need to be rebuilt elsewhere on the parcel. County staff acknowledged during several meetings and telephone calls between March the 2nd and April 13th of 2007 the serious situation we were in and requested that we be patient and that they would work with the top people to find an acceptable solution. March 30th of '07, county staff provided a counteroffer which was still inconsistent with those nearby property owners and also provided that the home on parcel 136 left within 11 feet of the right-of-way was only 40 percent damaged. Since that time, we've attempted to keep the lines of communication open with staff and even offered last July to mediate directly with staff and without attorneys in an effort to keep costs down and come to a resolution. The county has remained unwilling to buy us out and unwilling to pay for rebuilding the house elsewhere On 136 and unwilling to negotiate a settlement On our parcels 134 and 135 similar to our Page 56 January 29, 2008 neighbors. We nOw find ourselves proceeding to a costly and time-consuming trial that we tried to avoid while not compromising our property rights. We don't understand why we're being treated differently than our neighbors. The BCC had a mechanism and authorization in place for staff to buyout at least one of our properties at fair market value, but we were not advised of that opportunity. With respect to our other two parcels, which staff also had on a list as early as August of '02 but didn't tell us we're within the parcels heavily impacted, we're just asking that the same approach be used as that that was used by our similarly impacted neighbors. And we're just asking to be treated fairly and consistently and in the manner originally authorized by the BCC. So our respectful request today is that the BCC provide guidance to staff to be consistent in treating our property as they have our similarly situated residential neighbors, and also that staffbe reminded that the original direction and authority was to purchase those parcels which were identified as the most heavily impacted homes and, therefore, are eligible for purchase at fair market value. This is not a request on our part for the commissioners to negotiate for us, but simply just to assist in reminding staff of the direction or the authorization that was already established and which has been used to successfully settle with nearby property owners in an effort just to get this matter back on track and to let us get back to our lives. Again, thank you for your time and consideration of this request. CHAIRMAN HENNING: Ms. Graziani, the public petition is a process afforded to the residents to petition their local government. In that we allow the public 10 minutes for the -- convince the commission to take action, whatever it is. The commissioners may have questions of you and our staff. It is not time to rebut. It's trying to come to resolution. Page 57 January 29, 2008 So my question for staff is, did the board give authorization to go to eminent domain? And ifso, and if the board wishes to retract its previous guidance, does it fit the time line under our ordinance for reconsideration in this case, eminent domain? Mr. Weigel? MR. WEIGEL: Thank you, Mr. Chairman. Happy to respond. The parcels discussed by Ms. Graziani are part of a board directive relating to a road project sometime ago. The eminent domain proceedings have been entered into a long time ago, and the procedural aspect of reconsideration is not available at this point for a determination -- a policy determination direction to the board given long ago. CHAIRMAN HENNING: Okay. Is there any questions? (No response.) CHAIRMAN HENNING: County Manager have anything? MR. MUDD: No, sir. CHAIRMAN HENNING: Thank you. Item #9B RESOLUTION 2008-30: APPOINTING EDWARD L. LARSEN AND RE-APPOINTING RICHARD KRAENBRING TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED Next we're going on to item -- section 9 in our agenda, and the first one is to appoint members to the Collier County Code Enforcement Board. COMMISSIONER COLETTA: Motion to approve Richard-- reappoint Richard Kraenbring. Am I pronouncing it right? CHAIRMAN HENNING: Kraenbring, yes. COMMISSIONER COLETTA: And also Edward Larson to Page 58 January 29, 2008 replace Sheri Barnett who's going off the board. CHAIRMAN HENNING: Right. There's a motion to reappoint Richard Kraenbring and also Edward Larson. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #9C RESOLUTION 2008-31: APPOINTING WILLIAM H. POTEET JR. (W/W AIVER OF TERM LIMITS), ANTHONY P. PIRES, JR., AND JEFFREY S. CURL TO THE LAND ACQUISITION ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioners, the next one is an appointment of members to the Land Acquisition Advisory Committee. COMMISSIONER HALAS: Motion to approve the committee's recommendation in the order of preference, and that is William H. Poteet, Anthony Pires, and Jeffrey Curl. CHAIRMAN HENNING: I'll second that. There's a motion by Commissioner Halas to appoint Mr. Poteet, Mr. Pires, and Mr. Curl. MS. FILSON: And Mr. Chairman, Mr. Poteet has served more than one term, so that will have to be waived. Page 59 January 29, 2008 CHAIRMAN HENNING: And there's a second by Commissioner Henning. And Commissioner Halas has stated to waive the provisions of the ordinance, along with my second. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Next item is to -- COMMISSIONER FIALA: Could I -- CHAIRMAN HENNING: Yes, please. COMMISSIONER FIALA: Okay. When you write Mr. Schmid back, would you tell him that he was more or less rejected because it says he didn't meet criteria, but the proper information wasn't given to us in time for -- MS. FILSON: Yeah. When he sent his application in, he had indicated that he was registered to vote. When I sent the memo to elections, they sent it back that he wasn't. So I gave him a courtesy call. He said that he had just registered, and with the election and all, I called over there like four times. I called right before I did the executive summary. So I called this morning before the meeting and they indicated that he had registered, but it was after the fact. Item #9D MOTION TO ACCEPT COMMITTEE'S RECOMMENDATIONS- DENIED; RESOLUTION 2008-32: APPOINTING LAURA A. DEJOHN AND RE-ADVERTISE FOR THE OPEN POSITION TO Page 60 January 29, 2008 THE DEVELOPMENT SERVICES ADVISORY COMMITTEE- ADOPTED CHAIRMAN HENNING: Okay. Next item is 9D, to appoint members, two members, to the Development and Advisory Services (sic) Committee. COMMISSIONER FIALA: Motion to approve the committee recommendation. CHAIRMAN HENNING: There's a motion by Commissioner Fiala to appoint committee's recommendation, second by Commissioner Henning. Yes, Commissioner Coletta? COMMISSIONER COLETTA: Yes, just a comment. I think the world of Patrick White; however, he does represent a number of clients out there that have issues with code enforcement. So I think there's a conflict here, a serious One. Until I -- COMMISSIONER FIALA: But this is for development services. COMMISSIONER COLETTA: That's correct, but they're the ones that make the recommendations, and it could be top heavy as far as trying to make sure that his clients are served or remembering certain cases that he may have lost. I just think it's problematic myself. CHAIRMAN HENNING: Okay. Well, there is a motion and a second On the floor. COMMISSIONER COLETTA: I understand. CHAIRMAN HENNING: I think the -- there's a little confusion what the -- this committee does. It makes recommendations On -- since it is an enterprise fund -- of things like Land Development Code and -- COMMISSIONER COLETTA: Exactly. CHAIRMAN HENNING: -- and the operation of, you know, the permitting and so on and so forth. COMMISSIONER COLETTA: No, I'm not confused, sir. I Page 61 January 29, 2008 appreciate you asking. CHAIRMAN HENNING: Mr. Schmitt, would you clarify what the duties are of Development Services Advisory Committee? Mr. SCHMITT: For the record, Joe Schmitt, your Community Development/Environmental Services Division Administrator. Basically they act somewhat as -- I'll classify it as my board of directors overseeing the functions and duties within development services, specifically advising On operations, LDC amendment, other type of activities are all vetted through the DSAC in regards to the permitting and land use business. So without going into the code, the LDC lists specifically what they're responsible for, but they meet monthly and they provide oversight and direction for my organization. CHAIRMAN HENNING: Is that oversight including code enforcement, the operations of code enforcement? MR. SCHMITT: No, no, it does not involve code enforcement. And unless and only if it's an LDC amendment that may impact a code enforcement process, meaning development -- developing codes or reviewing codes. But no, it looks at the enterprise type functions, the zoning and land use business. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Do our county attorneys feel that there's any conflict of interest here? MR. KLATZKOW: I think ifthere was a conflict at a particular point in time, Mr. White would probably recuse himself at that point in time. COMMISSIONER FIALA: Very good. Okay. My second stands. Thank you. CHAIRMAN HENNING: No, your first stands. COMMISSIONER FIALA: Oh, my first stands, yeah. CHAIRMAN HENNING: And I'll stand on your first with my second. Page 62 January 29, 2008 COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: The motion -- what's that? COMMISSIONER COYLE: Motion failed. CHAIRMAN HENNING: The motion failed 3-2, Commissioner Fiala, Commissioner Henning voted in favor. Is there an alternative motion, alternate motion? COMMISSIONER COLETTA: Yeah. I'd like to make a motion that we approve Laura DeJohn and readvertise for the other position. COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Coletta to appoint Laura DeJohn, second by Commissioner Halas, and in the motion also to advertise the second position. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Page 63 January 29, 2008 (No response.) CHAIRMAN HENNING: Motion carries, unanimously. Item #IOA RESOLUTION 2008-33: APPROVAL OF EXHIBIT E, AMENDMENT #2 TO CONTRACT #06-3914, CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE COLLIER COUNTY FLEET FACILITIES WITH WRIGHT CONSTRUCTION CORP. IN THE AMOUNT OF $9,272,848.00 FOR THE FLEET FACILITY, PROJECT #52009, PHASE 3, WHICH INCLUDES THE CONSTRUCTION OF THE NEW SHERIFF'S FLEET MANAGEMENT DEP AR TMENT FACILITY AND THE REPLACEMENT OF THE EXISTING FUEL FACILITY THAT IS SHARED BY BOTH THE COUNTY AND SHERIFF'S FLEET DEPARTMENTS - ADOPTED That is it for section nine of our agenda. Now we go into the county attorney's -- or county manager's part of the agenda, and this is to recommend to approve Exhibit E, amendment number two of the contract, 06-3914, Construction Management at Risk for Collier County fleet facilities with Wright Construction, Incorporated (sic), in the amount of 9,227,848 for the fleet facility projects, 52009, Phase 3, including the construction of the new sheriffs fleet management department facilities and replacing the existing fuel facilities to be shared by both the Collier County and Sheriffs Department fleet. MR. JONES: Good morning, Commissioners. For the record, Hank Jones from Facilities Management. I'm here today with a brief presentation on this last, final phase of three phases on this fleet facility project. We've been working on this project for about four-and-a half years now. And the first two phases which you had approved, Phase Page 64 January 29, 2008 1, shown in the left -hand panel there, was the relocation of an existing guy-wire type communication tower you replaced by the free-standing unit shown in the artist's rendering; Phase 2, which you approved last November, was the construction of the new Baltimore County-- Baltimore, excuse me, past life -- BCC fleet facility. That is -- started last January and completed on schedule and within budget in December, late December, and was occupied early January. And nOW we are into Phase 3, which is the final phase for developing the property, and that is the new sheriff facility to be built in place of the -- to demolish the existing old fleet facility. There's a site plan showing briefly how the property was laid out. The red -- County Barn Road is on your left. Phase 1 is the tower, the new tower location. The old tower was about in the middle of the new fleet facility, and shown in blue there, Phase 2, and the new proposed sheriffs facility Phase 3 in green. That's a picture taken late October of the new BCC facility as it was nearing completion. The property -- unfortunately, camera didn't pick up the tower or the front of the parcel. Some of the history there, which I've already spoken to. Skipping down, the permit for the Phase 3 facility has already been issued in October. We received the GMP in November from Wright Construction. There was a problem with budgetary constraints because some of the facility came in somewhat higher than expected. The vehicle wash facility came in a bit higher, and the fuel facility that was added last -- a year ago, that came in slightly higher. So we went through, scoured the construction documents, scoured the estimate, and between myself and the representatives, both the sheriffs fleet and the county fleet, we decided that the best course of action was to eliminate the vehicle wash facility at least for the present to bring this project within the budget constraints. So we received the revised GMP from Wright in December for the amount you see there, 9,272,848. There's a brief detail of the -- of Page 65 January 29,2008 that project cost. The entire project shapes up as shown on this kind of crowded slide, but. You can see that the only items left in the project are the sheriffs fleet and some commissioning fees and some contingency on the whole project, the three-phase project. The funding is shown there and in your executive summary, and we did meet with the finance committee, who approved the commercial paper loan amount as stated. Recommendations are that you approve the Exhibit E amendment, authorize the chairman to sign it, of course adopt the resolutions for the commercial paper loan and necessary budget amendments. CHAIRMAN HENNING: Commissioner Coyle has a question, Commissioner Coletta has a question, Commissioner Halas. COMMISSIONER COYLE: Okay. To me GMP means growth management proposal. What does it mean in your parlance? MR. JONES: Guaranteed maximum prices. COMMISSIONER COYLE: Okay, good. Thank you very much. MR. JONES: Sorry about that. COMMISSIONER COYLE: Secondly, I've got figures which indicate the costs for the phases. What was the original budget for all three phases? MR. JONES: The original budget going back five years was approximately -- well, 10, 12 million dollars. The phase -- last November -- excuse me, November of'06, item IOJ on your agenda updated the three-phase project cost with the addition of the fuel facility and more recent estimates of the entire three phases to the 22,9-, which was approved on item 10J in November, '06. COMMISSIONER COYLE: So the figure of 22,9- was the original budget, and you're still going to be able to complete it within the original budget. MR. JONES: Absolutely. Page 66 January 29, 2008 COMMISSIONER COYLE: Is that a fair statement? COMMISSIONER COYLE: Yes. Okay, thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I have just a little bit of concern. This is -- we're going into an uncertain economic time, and I realize that these funds have been dedicated before to this. But one more time, the facility that is there now, they're going to tear it down and then build the new part for the Sheriffs Department to be able to utilize. Help me with this just a little bit. Is there any reason why this facility just can't remain as-is for a couple years and the facility be used by the Sheriffs Department with some slight modifications to be able to put this money aside? MR. JONES: Yes, Commissioner. That was evaluated, of course, early on. The existing facility has quite a few shortcomings, size and configuration, one; but more seriously, the building itself is deteriorating from age, and it would take some sizable investment just to bring that up to meet the standard that the code requires. Yes. It's an old prefab metal building that is experiencing some severe deterioration. COMMISSIONER COLETTA: We couldn't get three more years out of it or it's going to fall down On top of us? MR. CAMP: It would not be safe. COMMISSIONER COLETTA: I'm sorry. I can't hear you. MR. CAMP: For the record, Skip Camp. It would not be safe in its current condition. It would take considerable additions in order for it to be safe. COMMISSIONER COLETTA: So in other words, our engineers would be going in there and they'd probably certify the building as unsafe and it wouldn't be able to be used? Is that what you're saying? MR. CAMP: I'm not sure I want to say that on record, but the building needs to be torn down, Commissioner. Page 67 January 29, 2008 COMMISSIONER COLETTA: Yeah, no offense. I'm just trying to -- I mean, I've been out there, and I mean, I'm not an engineer. And from what I seen, the building looked fine, it looked adequate. But, you know -- and I realize that we have the problem with the sheriff spread out all over the landscape, and we're spending close to that, a quarter of a million dollars in lease money every year to be able to keep them in place. My whole thing is just -- and I understand what you're saying. Just the present facility as it is now, with the understanding that two, three years from now, if we could put this money aside to be able to make our budget go a little bit farther and offer those other services -- I don't know how we could transfer the money back and forth. I only see $33 in impact fee, so I don't think that's a big problem. But I mean, the other monies, maybe we might be able to use them to keep providing a level of service that people come to expect in other ways. And you know, as long as I'm not placing the Sheriffs Department or anybody in jeopardy, it's a comfort item where it's a little bit uncomfortable to use the facility and it still works, I -- you know, maybe we should look that way. MR. CAMP: Commissioners, the current sheriffs facility is grossly inadequate, and there's a number of items that I would be happy to talk to you off record about as it relates to security and their current environment, the way they're spread out through the neighborhood, if you will. This project's been thought out for a long, long time and -- well, you have our recommendation. COMMISSIONER COLETTA: I'll let somebody else take the discussion from here. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I think what you're trying to get at is, this is a consolidation of some of the sheriffs problems? Okay. The other thing is that you said that you were going to eliminate Page 68 January 29,2008 the vehicle wash facility. Isn't this part of the maintenance of vehicles or not? MR. JONES: Yes. It was planned to be a part; however, we -- the county's been doing without it for some time now. It was a thing that would be nice to have and we probably will want to have it in the future. But right now with the budget constraints, it was felt to be more of an option than any of the other parts of the proj ect. COMMISSIONER HALAS: How are they washing vehicles today? MR. CAMP: Let me add one other thing also, that the county manager has asked us to work with the Sheriffs Office to have a program for inmate labor, to have inmates start washing cars also. We're looking at that. COMMISSIONER HALAS: Good, okay. That answers the question. That's great. CHAIRMAN HENNING: Mr. Jones, the -- was this value engineered? MR. JONES: Not formally by committee, Productivity Committee, but by myself. I went through this thing to try to look at all aspects of it to make sure that we had the optimum mix of capital cost and investment. CHAIRMAN HENNING: And I know you do a good job at that. MR. JONES: Thank you. CHAIRMAN HENNING: I was very pleased with your work on the emergency management. Now, Exhibit E, it also refers to Exhibit B, proposal to Exhibit B of 12/19/2007, which is not in our agenda packet; is that correct? MR. JONES: Yes, sir. CHAIRMAN HENNING: Can you give us an overview of what Exhibit B is? MR. JONES: Exhibit B is a list of the drawings -- CHAIRMAN HENNING: Okay. Page 69 January 29, 2008 MR. JONES: -- of the architectural plans and mechanical plans. CHAIRMAN HENNING: Is there -- is there equipment provided into this contract? MR. JONES: There is some equipment provided in the contract, and the commissioning material, budget that you saw there, is for some additional specialized equipment which would have to be installed. CHAIRMAN HENNING: Okay. That equipment, if there's a savings, is that going to go to the contractor? MR. JONES: On this particular contract, I'd have -- I don't know right now whether this amendment was -- whether this contract was amended last year. I don't believe it was. So if there were GMP savings and it was not amended, it would revert to the contractor -- excuse me -- to the county. CHAIRMAN HENNING: To the county. MR. JONES: Ifit was not amended, it reverts to the county. I might point out though that Wright Construction who has done -- make a little advertisement for them -- but they've done an excellent job on the first, second -- the phase that they completed here recently. They were exactly within budget, had no extras. Their GMP materials they did issue to us were precise and there were no deviations from them. CHAIRMAN HENNING: Do we know what our capacity is as far as bonding? Can you get maybe a percentage to -- County Manager, do we know? MR. MUDD: Yes, sir. You -- you're at the limit when you bond the $50 million for Norm Feder and his transportation plan, and this has been included in that particular issue. That's why it went in front of the finance committee in order to make sure it was okay. If you remember, Norman came before you here several months ago and talked about his five-year plan and how he might have to -- in the first couple of years, might have to borrow money, and then the Page 70 January 29,2008 latter part he would pay that money back. That $50 million to Norman will take you right to the limit. So we will-- we will be out of -- we -- we're done with our capacity. You've got a 13 percent cap according to your Growth Management Plan. You'll be at it. CHAIRMAN HENNING: And that's -- Norm hasn't done that yet; is that correct? MR. MUDD: Norm hasn't done that yet. CHAIRMAN HENNING: So we have an opportunity to see what our revenue stream is going to be within the next couple years before we make that hard decision? MR. MUDD: For Norman, yes, sir. CHAIRMAN HENNING: Well, for everybody, for the people who we serve. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. So the way I understood it, also from what I read, is this is about the last building now that we're going to be building for quite a while; is that the case? MR. MUDD: That's absolutely correct, ma'am. COMMISSIONER FIALA: Okay. I think we should put that On the record as well. MR. JONES: I might also add that as Mr. Camp indicated, this existing building will need to be replaced in the very near future. And right now, we have Wright Construction mobilized, on site as a matter of fact, we have kind of held them up a month here while we got the finishing touches On their gross -- guaranteed maximum price. And I don't think there will ever be a time in the future that we can replace this structure and move the sheriff for less money than this present proposal. COMMISSIONER FIALA: Good. And I know the labor's available right now, too. I want to say how much better this place is looking than it looked a few years ago. What a mess it was, and it was Page 71 January 29,2008 actually a disgrace to that surrounding community. So I'm really pleased to see how the -- the improvements that have taken place. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion to approve item lOA, second -- by Commissioner Fiala, second by Commissioner Halas. Any further discussion? COMMISSIONER COLETTA: Just briefly. I'm still having some problems. You know, I'm told that the building isn't safe. Based upon a person's opinion -- and I don't think there's any private engineer or anyone else that has certified the building unsafe, and also the fact that there's security issues, which has never been explained to me before and we can't talk about in public. So I could -- I could support a motion to continue this until I get that information but I can't vote for the motion as it is right now. CHAIRMAN HENNING: Okay. Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: The motion carries, 4-1, with Commissioner Coletta in the opposition. Item #10C Page 72 January 29,2008 THE PLANNING COMMISSIONS POLICY RECOMMENDATION IN SUPPORT OF CONTINUALLY UPHOLDING THE CURRENT PROGRAMMA TIC PROHIBITION OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) SEVERANCE FROM ILLEGAL SENDING LAND PROPERTY WITHIN THE RURAL FRINGE MIXED-USE DISTRICT (RFMUD) - MOTION TO ACCEPT CCPC'S RECOMMENDATIONS - APPROVED Item lOB is a time certain for this afternoon. And item -- MR. MUDD: Brings us to 10C, sir, which is a recommendation that the Board of County Commissioners evaluate and consider the Planning Commission's policy recommendation in support of continually upholding the current programmatic prohibition of transfer of development rights severance from illegal sending land property within the rural fringe mixed-use district. Joe Thompson, Senior Planner, Comprehensive Planning, will present. MR. THOMPSON: Good morning. For the record, Joe Thompson, Comprehensive Planning. This issue was previously before you On November 27th. It deals with primarily illegal lots and TDR severance eligibility. At that point, staff had presented various policy options for you to evaluate. The recommendation to staff after the evaluation took place from the board was to take the issue back to the -- actually not back to the Planning Commission -- take it to the Planning Commission for an evaluation and assessment previous to -- the board would make any policy decision. We did that on December 20th. Staff presented before the Planning Commission. Planning Commission took apart the issue. There was extensive discussion, and ultimately they're forwarding back a recommendation in their advisory capacity to the board that Page 73 January 29,2008 there be a continual prohibition ofTDR severance from illegal lots. And that's the Planning Commission's 6-1 recommendation to the board. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, second by Commissioner Fiala to accept staffs recommendations. Now there's discussion. MS. FILSON: What is your name? MR. SCHULZE: Jim Schulze. MS. FILSON: Oh, you're registered for 10C. You wanted lOB? CHAIRMAN HENNING: No, it's 10C. MR. MUDD: No, it's IOC. CHAIRMAN HENNING: We're working on IOC. MR. MUDD: lOB was the time certain. MS. FILSON: Oh, I'm so sorry. CHAIRMAN HENNING: That's all right. MS. FILSON: I have one speaker, Mr. Chairman. CHAIRMAN HENNING: Okay. I have a question. MR. THOMPSON: Sure. CHAIRMAN HENNING: Is there any proposal for resolution to not create a Swiss cheese effect in the fringe with these, what is so-called illegal lots? MR. THOMPSON: Well, ultimately the resolution is built into the program. Eventually, the goal is to have a governmental entity available to accept property in conveyance. And ultimately, if you were to have these holes like you reference in the Swiss cheese, they would -- I mean, if they were, you know, obvious impediments to ecological or hydrological restoration, you would have an entity that would recognize that and go out and actively purchase these properties. That would be the underlying assumption in the future, Page 74 January 29, 2008 that the rural fringe will ultimately pan out. CHAIRMAN HENNING: Which government agency did you speak to that is going to -- has interest in purchasing these illegal lots? MR. THOMPSON: I haven't personally spoken to any governmental agencies. I do know for the South Belle Meade it would be the Florida Board of Trustees, so ultimately the State of Florida is active in owning about 20,000 plus/minus acres in that area. North Belle Meade, staff actually had a proposal from the Collier Sewer and Water Conservation District with respect to their interest in that area. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, Commissioner Henning. I'll tell you what my concern is, it's just like you mentioned, the Swiss cheese effect. I know that the Conservancy is opposed to this. The reaSOn they're opposed to it is because they're trying to limit the amount of transfer of development credits that will be out there to try to limit density; however, with that said, we're going to have an effect that's going to take place a generation or two from now. You're going to have empty lots that are going to be out there that have no determination other than the fact that this present commission calls them illegal. If we could come up with some mechanism by giving them a fraction of what the TDRs are, you know, and recognizing the fact that they're only like a fraction of an acre, and then basing it upon that. The one thing is, it gives it something as far as value goes so they can't use it in a court case maybe a generation removed to be able to say we've been denied due process. Our land has no value because of the action the county commission took back in 2008, and we want it changed. And at that point in time, it may happen. Until these lots get into a -- the hand of conservation organizations or a place to side in such a Page 75 January 29, 2008 way that they can't be touched, we're vulnerable. We're vulnerable for people to exploit it. I'll remind you what happened with Dr. Hussey's property -- they said it wouldn't happen -- was the fact that if we did nothing, nothing would happen there. Well, they're in there clearing the property and they've about got it cleared nOw for grazing under Right to Farm. We made an error there and we're going to make an error in this case, too. We've got to preserve this for future generations, and that's why I still believe that we need to come up with a program where we can put a value On these things. Now I said my part. Thank you. CHAIRMAN HENNING: Well, you sure did. Any other comments? Let's go to the public speaker. MS. FILSON: Mr. Chairman, I have One public speaker. Jim Schulze. MR. SCHULZE: Before I start, I'd like to comment on Joe's -- if we allow -- we have an opportunity here to have the developers and the builders pay for this land through the TDR program. Ifwe wait and have a government entity, South Florida Water Management, pay for this property, all we're doing is we're taking it from an opportunity to have a developer pay for it to having the taxpayers pay for it. Why would we do that? It doesn't make sense. We lost the TDRs from Dr. Hussey's property. This property is not going to make up for those TDRs. We're still not going to have enough to make up for Dr. Hussey's TDRs. We cannot get Dr. Hussey's TDRs back. Nancy Payton -- that was one ofthe things that Nancy Payton brought up when she spoke on this, and she does want our property involved with this program because she does see the Swiss cheese problem. I would like to say that the Planning Commissioner Mark Strain's remark about my request to allow these non-conforming lots the same Page 76 January 29, 2008 rights as other non-conforming lots as being absurd as being very irresponsible. Obviously he did not get the point. I'm not up here to argue about my personal lot. I'm up here to say that these lots are legal, non-conforming lots. There are 64 of these lots. They vary in size from mine being smallest, .34 acres, up to 4.8 acres. I have a list of all the people that Own these lots given to me by Joe. These -- taxpayers, homeowners, business owners, landowners. There's nothing absurd about us wanting a chance to have our land rights restored. I believe, as every attorney, engineer, and author of the TDR program that I've spoken to On a personal level, that the staffs interpretation of an illegal lot is wrong. These lots were intended to be part of the TDR program and they are legal, non-conforming lots. Commissioner Coyle, you made a statement in a recent meeting on the homestead tax amendment. You told us that the chances that this amendment would be taken to court -- and you also said that although you were not an attorney, you believe that what's fair usually wins in court. If we pay the same property taxes, isn't it fair that we have the same benefits? I've sent letters out to the landowners of these non-conforming lots to inform them of what's happening. We intend -- the only avenue that I see left to us is a legal interpretation, which is what the planning board advised that we do. I'm just asking -- you know, I don't know what the step from here would be. If you want to table it until we get a legal determination done or -- I don't know. It's up to you guys. One thing I would like to point out, I did print out -- these are all the TDRs that are for sale right now. There's like 30 of them, so we're not talking about, you know, 64 lots flooding the market with TDRs. There's 30 of them on the Internet right now for sale. CHAIRMAN HENNING: Thank you. Is that your only -- Page 77 January 29, 2008 MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HENNING: Are you sure? Is there any other discussion? Commissioner Fiala. COMMISSIONER FIALA: Yeah, just One thing. Joe, aren't these lots supposed to be buildable in order for them to be legal? MR. THOMPSON: That was the initial recommendation. There was various policy options that we presented to you on the 27th, and the one that you concluded would be the most feasible was to actually look at illegal lots that were developable. And when I say that, it was from the property size and lot configuration perspective, obviously not zoning. But yes, that was initially what you evaluated and was for the Planning Commission to take a look at, as well as to look at the whole Issue. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Question, Joe. Now, under the present Right to Farm Act, these lots aren't buildable, the people still have the rights to be able to farm on them, correct? MR. THOMPSON: Yes, they do, that's correct. COMMISSIONER COLETTA: So they could clear this pristine land to a certain degree if it's -- and use it for farming. At that point in time they're no longer eligible for, what is it, 10 or 20 years? MR. THOMPSON: It's a 25-year prohibition. COMMISSIONER COLETTA: A 25-year prohibition, but it breaks up the whole landscape out there for what it is. It's no longer a pristine environment and trying to restore it. This is going to be an impediment to it. That's what I'm trying to get to. And if we had some way to be able to have a value to it, they might be less inclined to clear it for grazing, as Hussey did, or for general farming, and we might be able to merge them together. Nothing's going to happen that it won't cost the taxpayers. That's the big thing. Puts it all On hold, it gives a little bit of value to it so Page 78 January 29, 2008 that at some point in time we can act on it. Remember all the success we're having getting money from water management for our projects? That's what you want to do today is say that the water management's going to have more money to be able to buy these lots some day. That's not going to happen. These lots will eventually be given back to the people by some future commission or future court system. It's inevitable. Until we get it to the public domain, we're in danger of upsetting the balance of the intentions of this program, original intentions. CHAIRMAN HENNING: Okay. Well, you know, to me, this executive summary doesn't provide resolution to what the board, at least the three of us, understanding is. There's pristine lands in the fringe and we need to remove those development rights. And I know there's an opinion whether some have development rights or not. The bottom line is, is it pristine or is it not? And what is the resolution? I haven't heard it. I'm not going to support this executive summary because I think we're here to provide resolutions to problems within a reasonable meanS. We do have property owners, illegal lot owners or whatever you want to call it. It's still land, and we need to find resolution. There are several TDRs provided to legal lot owners. I don't think anybody said, you know, give them the same benefit as the other ones. But be it as it may, we're going to move On. Commissioner Coyle, do you have something to offer? COMMISSIONER COYLE: Yeah, just very briefly. You know, I think it's important that we not overly sensationalize this process because there are a couple of pin-sized holes in a doughnut of hundreds of thousands of acres is not going to invalidate the in -- the environmentally sensitive land that we have preserved. Let's not overreact to this. The CCPC looked at this very closely, as they do in all the matters we send to them, and they decided that the system isn't Page 79 January 29, 2008 broken. There's no need to fix it. So I feel that we should proceed with this, leave the system alone, let it work, and my motion still stands to accept the CCPC's recommendations. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. And if they really are environmentally sensitive and pristine, they always have the option of offering this for sale to the Conservation Collier organization to buy. CHAIRMAN HENNING: That's true. Okay. Any further discussion? COMMISSIONER COLETTA: Just One point I wanted to emphasize upon. I'll try not to be an over sensationalist, but the issue is, is one, it's not going to cost the taxpayers anything to be able to do this; two, we've got a TDR program that is not broken, that if there's a --less TDRs available than there were before to be able to meet the needs they originally projected, this would put a small minute number of them back into the system. So I'm not too sure why we say the system isn't broken. It's not broken. This is a minor issue for the most part. But be it as it may, we're all going to vote our conscience. MR. THOMPSON: Yep. CHAIRMAN HENNING: No further discussion. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: The motion carries, 3-2, Commissioner Coyle (sic) and Commissioner Henning opposed to the motion. COMMISSIONER COLETTA: No, no, not quite. Page 80 January 29,2008 COMMISSIONER COYLE: No. Commissioner Coletta. CHAIRMAN HENNING: Yeah, the other C. COMMISSIONER COLETTA: The other C, right. CHAIRMAN HENNING: Coletta. Apologize. COMMISSIONER COLETTA: That's okay. Item #10D A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING AND CLARIFING THE COUNTY'S STORMW ATER FUNDING POLICY; FUNDING OF STORMW A TER MANAGEMENT; FINDINGS AND PURPOSE; CAP IT AL AND OPERATING BUDGET; DEFINITIONS; SUPERSEDING BOARD RESOLUTION NO. 2005-115; AND PROVIDING AN EFFECTIVE DATE - CONTINUED TO A FUTURE BCC MEETING - APPROVED MR. MUDD: Commissioner, that would bring us to 10D, which is a recommendation to adopt a resolution of the Board of County Commissioners of Collier County, Florida, to amend and clarify the county's stormwater funding policy; funding of stormwater management; findings and purpose; capital and operating budget definitions; superseding board resolution number 2005-115; and providing an effective date. Norm Feder, your Transportation Services Administrator, will present. MR. FEDER: Commissioners, within your package we have provided to you two possible approaches to respond On the stormwater funding policy. The first is to recognize that by action of the Florida legislature, the formulation of the MSTUs requires essentially the reduction or the corresponding removal from your budget ad valorem Page 81 January 29, 2008 taxation or millage. So, therefore, if you look to maintain the existing policy, which I have up on the visualizer now, which is a proportionate share covering both the secondary system, the tertiary system, and tidal, and the reliance that it has On MSTUs, the fourth resolution, Exhibit Number 4, second resolution in your package, would address that, would require that the board formulate MSTUs by mandatory structure rather than voluntary, which has been part of our problems in addressing the policy in the past. And then if you want to maintain the resulting ad valorem, a millage would have to, by supermajority vote, address that during budget cycle. However, in the last two efforts with your Planning Commission and the Productivity Committee to address the stormwater program and to define truly levels of service in the direction for the program it's become evident that -- the difficulty in trying to move forward with the proportionate share and the reliance On MSTUs and the assumption that you can set a level of service On the tertiary system, which has been evidenced by some of the issues we've had to bring to the board on the tertiary system and the conflicts and discussion that that has engendered. Our recommendation to you is to adopt the resolution as attachment 1 which focuses the attention of the stormwater program on the secondary system. It's pretty much a parallel to what we do in the transportation system where the state and federal government are involved, I - 7 5, U. S. 41, pretty much what we call in stormwater the primary system where the Water Management District, Big Cypress Basin -- Clarence is here -- are in charge of the operations and maintenance of that portion of the system. The secondary system, which in transportation is your arterials and your major collectors, is the secondary system as defined in stormwater, which is really your conveyance from neighborhood Page 82 January 29,2008 drainage systems to the primary system and then to outfall. That is the system that we're recommending we focus our attention to the .15 mills for stormwater and the grant funds that have been received, which a lot have been from Big Cypress Basin, Water Management District, but all the grant funds have been focused on those major capital project or those secondary system improvements, not the tertiary system. With that focus, we'd be able to pay our attention to those projects that are providing the greatest relief, the greatest relief for the broader community. We would recommend that we only get involved in the tertiary system improvements when there's a public health, safety, and welfare concern, that would be an item we'd bring to the board, along with the community. And at that time the board would decide what, if any, level of county involvement there would be or how the county would help that community in structuring an MSBU or possibly an MSTU at that time as well. But the focus would not be on the tertiary system. It would be On the secondary. That's pretty much, again, in the parallel to the road system, where we do not set a level of service for the local streets, we do maintain them. And we do go in to address health, safety, welfare issues as they come up, but we don't look to expand the local road system to address capacity, which in the case of stormwater, relates to two separate issues; One is conveyance, flood control, and the second being water quality or water recharge. And so we have to balance those issues, but setting that level of service on the secondary system is something working with your Planning Commission and the Productivity Committee and bringing that back to the board. We had gotten that direction in the AUIR. So our recommendation is that you do adopt the resolution in Attachment 1, focus the attention of the stormwater program on the secondary system, and only address the tertiary where it's a public Page 83 January 29, 2008 health, safety, welfare or where the board COnCurs that it's the best way to address the problem that can't be addressed on the secondary system itself. Lastly, I'll mention to you, because you have the tidal program that you had previously set up for half county, half grants or BCB, and then a mandatory MSTU to follow, we would still recommend that that be addressed On a case-by-case basis with direction from the board as we're able to obtain the funding. We did one of the tidal areas. I believe we have six others to be addressed over time. So we're not recommending really any change in that area. And with that I'm open to any questions you have. CHAIRMAN HENNING: Commissioner Halas, then Commissioner Coletta. COMMISSIONER COLETTA: I'm sorry. COMMISSIONER HALAS: Yeah. I have my concerns. The secondary system, along with the help of the Big Cypress Basin, we seem to have gotten that pretty much addressed. I think our biggest problem is probably the tertiary system. If we look at the Golden Gate Estates and we look at some of the communities that Commissioner Fiala and myself have, the older communities, because of the building that's taken place, new building -- and some of the older neighbors are lying in an area where they're almost in a floodplain. Maybe we could end up saying that every One of these would be a health, safety, and welfare issue. MR. FEDER: First of all, Commissioner, the board can give whatever direction, obviously, on that or on this policy. But I do need to point out that the secondary system takes that flow from those areas and brings it to the primary. If you don't have the secondary functioning, which we do not have for you at this time, your major projects that we're working on and that have been in your program since I've been here are secondary Page 84 January 29, 2008 capital projects; the whole LASIP project, the Gateway Triangle, Gordon River. All of those are projects that are multi year and based on the funding that we have, the major focus, and have been the major focus of your funding over the last seven years for stormwater improvements, and they need to continue. None of those that I've identified have been completed at that time and are programmed through the next five and beyond then. COMMISSIONER HALAS: But if you address, such as the LASIP program, Once you get that -- the secondary system working, then you're going to have to go back and address the tertiary systems, right? MR. FEDER: Very much so, and that's why the policy may well change should we get to the point where our secondary system is functioning well along with Big Cypress Basin's efforts on the primary. But initially focusing On the tertiary without completing the secondary has been very problematic in the ones that we've brought before, and really takes your focus away from completion of the more urgent system, which is the secondary system. COMMISSIONER HALAS: Thank you, Chairman. CHAIRMAN HENNING: Norm, On the tertiary, you're saying one-half county, one-halfMSTBD. MR. FEDER: That is the current policy as we've been seeking to administer it. What we're recommending, that in fact our focus only be on the secondary. Tertiary only by health, safety, welfare, if the homes are flooding in the area, if the road is over topped and -- on a continuous basis where we have problems in accessing it for emergency response issues, or in any other situation, as was pointed out, that the board decides is a health, safety, welfare concern, not necessarily just that water retains in the canal at periods of time. CHAIRMAN HENNING: And what you're proposing is, on the secondary system, is strictly going to the -- to the stormwater capital improvement along with any kind of grants that you get. Page 85 January 29, 2008 MR. FEDER: Also, of course, all of the system maintained, secondary and tertiary. I'm talking about the capital aspects and the focus of expansion of the system to meet both carrying capacity or flood control as well as stormwater recharge and retention for quality. Essentially, your focus is still, you have to maintain the full system, secondary and tertiary, in our case the primaries, by the Water Management District. But as far as enhancements, to address your level of service being established On those two factors and the balance of those two factors, they'd be structured and concentrate On your capital improvement program on the secondary system. Did I answer your question, Commissioner? CHAIRMAN HENNING: Sure. MR. FEDER: I hope I did. Okay. CHAIRMAN HENNING: Any other discussion? COMMISSIONER COYLE: Yeah. I think my light is. Isn't it on? CHAIRMAN HENNING: Yeah. What would you like to say? COMMISSIONER COYLE: Was Commissioner Coletta next? CHAIRMAN HENNING: I asked him. He said nO. COMMISSIONER COLETTA: Age before-- COMMISSIONER COYLE: He said no? CHAIRMAN HENNING: He said no earlier. COMMISSIONER COLETTA: Go ahead, sir. I'll show respect for your age. COMMISSIONER COYLE: I've never known him to decline an opportunity to talk. COMMISSIONER COLETTA: On second thought, I reconsider. COMMISSIONER COYLE: I've got a problem with this whole process, okay. When somebody's getting water in their home, they don't care whether it's primary, secondary, tertiary, or tidal. They just know they're getting water in their home. Page 86 January 29, 2008 MR. FEDER: Agreed. COMMISSIONER COYLE: And I don't understand the logic of labeling a system and then deciding that we're going to allocate money to that system for repair rather than dealing with the problem of flooding no matter where it comes from, okay? Now, having said that, we're not going to have the money to allocate to this program in the future. We will never be able to deal with all of the stormwater problems in Collier County with the money we have. Now, we have just experienced a situation in a neighborhood that had flooding problems partly because members of that neighborhood had filled in the swales behind their houses so they'd have a longer yard. We have seen circumstances where developers have planned their developments in a way that does not adequately take care of the drainage. There are places in my district I know where people built in floodplains and now they want it solved. These are not the government's problems. The government should not have to be paying for all of these solutions. The persons responsible for the problem should be paying for those solutions. And what I would like to do is to develop a policy that does a couple of things; number one, it makes sure that we, as a Board of County Commissioners, do not exacerbate the flooding problem by approving developments unless there is absolute complete certainty and financial responsibility for that developer to take care of any potential flooding problems. Number two, that if people are experiencing flooding because they built in a floodplain or because they did something to impede the flow of water, it is their financial responsibility to fix it. If the government has made a bad decision or if the state has paved or done some construction On U.S. 41 that creates a flooding problem, as they did in the mini triangle area, they should be held responsible for fixing that. Page 87 January 29, 2008 So I would like to have a policy that does those things. This policy, in my opinion, is absolutely worthless. What it really says is, we're going to take all of these problems -- if we just restrict it to the secondary system -- and we're going to make individual determinations and have to act like Solomon and splitting all of these things into appropriate portions, and it also, at least one of the recommendations, depends upon a supermajority vote of this board. It presupposes the ability to get a supermajority vote to do something. I think -- I don't think we should have a policy that's constrained by that. So my suggestion is, let's start getting the people who are responsible for this to pay for it, and if it's us, yes, we have to do that. MR. FEDER: Commissioner, in could -- and let me make sure I am real clear On this because maybe my presentation wasn't clear enough. I think exactly what have you in front of you, the first recommendation, is doing that. First of all, we have limited resources, as you point out, and that is the case. We need to focus that resource On providing overall flood relief as well as water quality and recharge. To do that, we need to focus on the secondary system, not on the tertiary system. Predominantly the tertiary system issues are issues of how the land was developed and are localized and, for the most part, are issues that need to be handled by that community, either by individuals or through an MSBU -- I'm trying to recommend, but nonetheless -- structured there, not necessarily by a formula that says half of it is county funded and half of it is local. And where government has taken action that, in fact, has created an exacerbation in a tertiary area. Maybe our portion is higher. Maybe we actually have a portion to pay, and that's why I said they'd be taken on a case by case. A formula that we've had up to now -- and there's a second alternative noted here -- structures a percentage activity that doesn't Page 88 January 29, 2008 relate to, one, the limited dollars as you well pointed out; two, the real responsibility for action. The secondary system function is to pull off of correctly developed tertiary systems and development to bring that to the primary and to outfall. That is where our focus needs to be. Our focus has been there as I've noted all these years, and yet we've had these provisions that talk about half and half split on tertiary improvements, and because of that, we bring some of those community issues forward when we appear to have the support of the community only then for them to not want to form the MSTU, and other issues come forward. So I believe what we're recommending to you, the first policy, which does not talk about the supermajority -- that's if we keep our current process -- is, in fact, going exactly to what you have asked for, and that is focusing our attention on what truly is countywide significance, and then only addressing the localized issue, which is really the focus of the land as developed or responsibility of maintenance of what's there from the property owners, by them, unless it's something very specific to health, safety, welfare, and then it's addressed proportionately, as it should be. COMMISSIONER COYLE: Okay. I don't get any of that from anything you said earlier or anything in this document. But if that's what you intend to do, then I would support it. MR. FEDER: That is exactly what the first resolution seeks to do. COMMISSIONER COYLE: Yeah. I don't like anything that says, yeah, one-third of it is the county's responsibility and some part of it is an MSTBU or MSTU. The problem, as I understand it, is that we're going to be restricted with respect to raising MSTU and MSTBU funds under the new state-mandated -- MR. FEDER: MSTU, that's correct. COMMISSIONER COYLE: -- accounting process. So in my Page 89 January 29, 2008 estimation, an MSTU and MSTBU is not an effective way to approach this. I think special taxing districts are the only way we can approach this. It's the only alternative we have left that is not being regulated by the state government. So we're going to have to do a better job of assessing responsibility for the flooding so we'll know who to tax. And this isn't a voluntary tax. You know, if you want it fixed, you pay for it, end of story. If you don't want to pay for it, it doesn't get fixed, unless it's our responsibility -- our fault. If we caused it, we have a responsibility to fix it. MR. FEDER: Exactly, Commissioner. And again, I apologize if my presentation -- because I have two concepts here. I was trying to identify where we are today, what would need to be done based On the change in statute to keep that going. That's not our recommendation. Our recommendation is the first attached resolution which focuses on the secondary, as we discussed, that doesn't address tertiary other than out of the .15 mills or grant monies that we get. It doesn't address any MSTU formulation, or BU, and it only addresses tertiary on a health, safety, welfare, and that issue would have to be brought forward, and any involvement by the county, I would recommend-- obviously the board will make its decision -- but would be On whether the county, in fact, has a responsibility or part in that, otherwise it needs to be handled by that individual property owner or by that community. COMMISSIONER COYLE: Okay. Just one quick final comment. I don't know how it's going to turn out on the commission, but if you produce something like that -- and if that's your recommendation, I'll support it. But I think it's very, very important that we take renewed interest and vigilance in reviewing developments to make sure, 100 percent sure, that stormwater is adequately dealt with. MR. FEDER: And we have renewed our efforts working with Page 90 January 29, 2008 CDES, and our land regulations are seeking to do that. I agree with you, we need to be very focused on that in what we approve for development. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. Feder? MR. FEDER: Yes, sir. COMMISSIONER COLETTA: What -- the difference between a special taxing district and an MSTUB (sic), it's the same thing as far as the state's concerned, isn't it? We'd have to have it passed by a supermajority in order to be able to avoid having it taken off the back end of our revenue stream? MR. FEDER: If you formulated an MSBU, I believe that might not be the case, if it is a taxing unit, or TU. And the distinction between those, as I understand it, is One can be set up on a series as a taxing among a group or an area. The BU is specifically site by site benefit gain, therefore, requiring quite a bit of modifications. I'll defer MR. MUDD: Yeah. MR. FEDER: Jim. MR. MUDD: Commissioner, the thing is, the BU is an assessment, not a tax, okay, and that's the definition in the fine line that you've got to draw. So the special assessment is an assessment. It's not a tax. COMMISSIONER COLETTA: And thus it doesn't come under the rules that the state has put forth? MR. MUDD: They just approved in JUne. COMMISSIONER COLETTA: But that's under the BU? MR. MUDD: That's right. COMMISSIONER COLETTA: Okay. Now, the BU, when you say site specific, I mean, when it comes to drainage issues, you have contributions being made by people that may not be suffering the Page 91 January 29, 2008 consequence of it. Would they be people that would share in it? MR. FEDER: That is the difficulty under BU and why the TU is typically used. The BU, you'd have to show, for instance, what was discharge generated by the individual properties and basically do an assessment very specific to their individual contribution to the issue addressed. Now, you're saying that someOne downstream could be impacted by that. They most likely are contributing as well. So if all contribute, then you've addressed it. So you'd have to get your area big enough in your assessment to make sure that your calculations include it all. MR. MUDD: Mr. Chairman, the county attorney has something to say on this particular issue. COMMISSIONER COLETTA: I'm not through. CHAIRMAN HENNING: I think that we really addressed the different taxing -- COMMISSIONER COLETTA: No, we did but I'm not through, when you get a chance, Commissioner Henning. CHAIRMAN HENNING: Okay. David, do you -- MR. WEIGEL: Thank you. Well, again, very briefly, between the TU, the taxing unit, and the benefit unit, your county manager is correct, you're talking in assessments rather than taxes. So there is the distinction there. What Norm was getting to right now is -- and this county has developed, with methodology in the past relating to stormwater. It's not just benefits to property when we talk about benefit units, but it's the burdens that property creates from a stormwater consequence on other properties. And a methodology can be employed to assess those properties that create a burden. And then the program, of course, is to alleviate the condition. But there is a way to fairly allocate -- through assessments, not taxes -- a determination of who is burdening other properties beyond their Page 92 January 29, 2008 own, and then that's, I think, an important aspect of the benefit unit concept. COMMISSIONER COLETTA: Thank you. Appreciate it. Mr. Feder? MR. FEDER: Yes. COMMISSIONER COLETTA: I just want to make sure. Now, what we're talking about is not the maintenance of existing facilities, such as Golden Gate Estates where you have the drainage ditches that go through the area and that Avatar left the funds for many years ago and set up a special mechanism for property to be sold and the money to be used to make sure everything was brought up to county standards. MR. FEDER: Actually, that would be secondary, but no. The maintenance on the full system needs to be addressed. In our case that's the secondary and tertiary system. COMMISSIONER COLETTA: Okay. Thank you, sir. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a couple. Mainly talking about who pays for what. There's many people that -- for instance, Commissioner Coy Ie referred to the Triangle when the state came in and filled up those lakes that normally would catch some of that stormwater. Now, we could tell the state we want them to pay to fix our stormwater system, and you can guess how fast they're going to do that and how much it will cost us in the courts to try and get it. COMMISSIONER COLETTA: Davis Boulevard. COMMISSIONER FIALA: Other things where developers will build a development and then turn it over to the homeowners association. Try and get the money out of the developer who built in an area and didn't do the stormwater management right, and they might sue us and say, well, you approved it, so it's the county's fault. I mean, when you start pointing fingers, you can get into some Page 93 January 29,2008 really murky waters there, I would think. I would think an overall Comprehensive Plan that addresses the essential things that we need out of a stormwater management system -- and that's what we're trying to do is improve our stormwater management system rather than place blame. And I would guess that your number One here does exactly that. MR. FEDER: Number one is focusing On secondary system, which is the major component that is countywide. It is oriented at -- through our efforts with this board, as well as with the Planning Commission and the Productivity Committee -- acknowledging that stormwater is a resource. We're not looking to replicate the Everglades by simply looking at stormwater flow capabilities or flood control, getting rid of the water. It is also making sure that we are retaining and recharging the aquifer as well as making sure we have good water quality as it's getting out to, let's say, Naples Bay. So we're trying to address that. You can address that at the secondary system level. Just like on roads, you can set a level of service for the major road system. You don't set that for your local streets. Now, you maintain those. If, in fact, I have a lot of accidents occurring on a local street, I'll come in and try and address them, but I'm not in there adding capacity or modifying those to meet the level of service needs for the system. That is focused on the secondary system. That's what we're proposing to you. COMMISSIONER FIALA: I guess I'm still concemed. Commissioner Halas and I both have these same problems. MR. FEDER: Yes. COMMISSIONER FIALA: I know that in the Triangle, for instance, when they flood so badly, they can't park in their driveways because they can't drive through all of that. MR. FEDER: And that is -- that is all part of a second -- COMMISSIONER FIALA: Let me finish, if you wouldn't mind, Page 94 January 29, 2008 please. They even have problems with snakes and everything as they're trying to walk through the waters and trying to get to their homes, but these aren't -- these aren't secondary systems, are they? They're tertiary . MR. FEDER: That area is part of a master planning on a second system and major capital project. As I mentioned, LASIP, Gateway Triangle, Gordon River being major ones and others that we're working with. We're also working with your CDES as they do the floodplain mapping and other issues to further define some of the projects. But in answer to your question, we are working right now -- we have for the last few years, as you know, through permits and actions -- on the Gateway Triangle -- COMMISSIONER FIALA: I know you are. MR. FEDER: -- and that is a secondary project and a major one force and one that we've gotten support as well out of Big Cypress Basin, Water Management -- COMMISSIONER FIALA: I was just using that as an example for other areas also. MR. FEDER: But that is an example of where your issues have pulled up enough that you have definite concerns and it's important to the overall community, and that's what we're addressing in the secondary system. COMMISSIONER FIALA: And so we'll be doing that at other parts of all communities as well. I know we're taking care of that one. I just want to make sure that other parts of our community are taken care of in the same way rather than just secondary but not tertiary. MR. FEDER: And again, as I said, the way that that tertiary gets drained out is through the secondary system, and that's what we're focusing on. CHAIRMAN HENNING: Yeah. Let me just summarize. It's kind of like your septic system, if you want to flush your toilet and Page 95 January 29,2008 there's no capacity at the other end, being the septic tank or Jim DeLony's, you're not -- not going to do you any good. But if you have a clog in your toilet, Mr. Feder's still going to take care of that. That's the maintenance of it. He wants to improve the stuff after the toilet so that it can be accepted, and that's what's recommended in here. The -- what's recommended, and in my opinion, is a lot better than the first one that we recommended because it's treating the citizens equally and not preventing, On these older communities, to come back to the board and say, hey, we have a problem in this certain community; we need to overall fix it. Yeah. We're not limiting ourselves to ever come back to the board when you have a problem; is that right -- MR. FEDER: That's correct. CHAIRMAN HENNING: -- Mr. Feder? So, you know, it's a lot better than what it was and it addresses the concerns of funding things. So I mean, to me, it's good. So with that, I'll entertain a motion at this time. COMMISSIONER FIALA: To? CHAIRMAN HENNING: To accept staffs recommendations, would be the first one. MR. FEDER: That would be resolution shown as Exhibit I? COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: Right. COMMISSIONER FIALA: As -- in the attachment. I'll second that motion. CHAIRMAN HENNING: Is there a first On Commissioner Fiala's second? COMMISSIONER FIALA: Oh, I thought you -- CHAIRMAN HENNING: No. I said I'd entertain a motion. COMMISSIONER FIALA: Oh, I'm so sorry. I'll make a motion to approve the -- to adopt the resolution in attachment 1, amending Page 96 January 29, 2008 and clarifying the county's stormwater funding policy; funding of stormwater management; findings and purpose; capital and operating budget; definitions; superseding board resolution number 2005-115; and providing an effective date. CHAIRMAN HENNING: Okay. There's a motion On the floor. Is there a second? I'll second the motion for discussion. Commissioner Coyle, did you have something? COMMISSIONER COYLE: Yes, I do. By Exhibit 1, I presume you're talking about attachment one? MR. FEDER: Attachment 1, yes. COMMISSIONER COYLE: Okay. Now, let me -- let me read for you what this resolution does in at least One case. It obligates the board -- CHAIRMAN HENNING: Where you at? COMMISSIONER COYLE: On page 2 under section 2, subparagraph 2. It obligates the board to deposit proceeds from .15 mills of ad valorem tax revenues into this fund until and including fiscal year 2025. How do you know you're going to have that much money to put into this program through 2025 when we're faced with the budget restrictions we're going to be faced with? How can you possibly pass a resolution that commits you to allocate funds out to that -- for that period of time? It says nothing about holding anybody else responsible. I do not see anything about the creation or the responsibility of MSTBUs to take up a portion of this funding. I do not see any -- anything in this attachment at all which addresses the reasons for the flooding problem and the resolution thereof. It says that the Board of County Commissioners will allocate money -- general fund money, I'm presuming -- to this program until 2025. MR. FEDER: Commissioner, if! could. That statement is Page 97 January 29, 2008 consistent with your action in 2005 out until 2025. COMMISSIONER COYLE: Hey, we weren't under the budget restrictions in 2005 that we're going to be under from now forward, okay? MR. FEDER: Understood, understood. COMMISSIONER COYLE: I, quite frankly, do not like to have my hands tied by a resolution that obligates me to vote to put money into a fund for the next 17 years, and I don't know who's going to be held responsible for it. I don't know who's going to participate in funding this with me. I don't know if I'm going to be able to go out and get money back from somebody who did something wrong to complicate the drainage problems. It doesn't say anything about that. It address absolutely none of the issues that I talked about earlier, and that's my concern with both of these alternatives. It places no responsibility on anybody but the Board of County Commissioners to allocate money to this program for the next 15 years. MR. FEDER: And its design, Commissioner, is to identify with those dollars that were set by the board, how they will be utilized. It doesn't speak to those other issues other than to identify, unlike the current policy that those funds would not be directed at some of those other problems, as you indicated. COMMISSIONER COYLE: If you give me a policy that says, here's our source of funds and here's how we're going to spend them, I will feel much more comfortable, but that is not this policy. This policy just essentially says, give me the money, and then it talks about all sorts of things, and then we get into section four of the definitions, and there's two pages of definitions. I don't see anything here that assesses responsibility and requires the establishment of an MSTBU anywhere. MR. FEDER: There is nothing in here about TBU or TU. It is talking about what the board had previously structured, .15 mills, dedicated to stormwater, how we would spend that, rather than the January 29, 2008 prior that had a set of proportionate levels for both secondary -- I mean secondary and tertiary. This is focusing the attention solely on the secondary, and it does say how the monies will be used. It says you won't be using On tertiary unless it's a public health, safety, welfare -- COMMISSIONER COYLE: It only talks about a level of stormwater drainage. It doesn't talk about responsibilities. MR. FEDER: And we will go by -- CHAIRMAN HENNING: May I offer something? Let's continue this item. MR. FEDER: Yes. CHAIRMAN HENNING: I mean, I understand what you want to do, and there's question about -- in the resolution is -- MR. FEDER: We'll be happy to -- CHAIRMAN HENNING: -- what we're going to do. MR. FEDER: -- respond to it. CHAIRMAN HENNING: And we all need to feel comfortable in something to make sure that we're all on the same page. We need to hit the target. Are you okay withdrawing your motion? Because I'm going to withdraw the second. COMMISSIONER FIALA: Sure, sure, as long as we can discuss it at another time, and that's good, and you said continue. CHAIRMAN HENNING: Yeah. We need to -- we need to understand, make sure the policy is what the board wants. Commissioner Coletta? COMMISSIONER COLETTA: I was just going to say, if this is going to be something that's going to require a tremendous amount of discussion, we may want to workshop it. CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: That would be a suggestion, because it's a deep issue, and it's going to affect us. And I tell you Page 99 January 29, 2008 what, the commissions before us had nO success at all in putting together plans even as detailed as this, so of course there's an awful lot to it, a tremendous amount. CHAIRMAN HENNING: Well, I have a few questions. I don't think it will take a workshop. But if we can't get through this process so that we all feel comfortable, then maybe we should. Commissioner Halas? COMMISSIONER HALAS: Yes. My concern is, I want to make sure that we keep that funding in source -- in place because it gives us the ability to go out and get further grants to address this stormwater issue. And it's my understanding that with -- the stormwater issues that we have in Collier County here are in excess of 700 -- $700 million. So this is not just a small problem. This is a major problem that hasn't been addressed over the years, and I think we've come to the point in time where we have to sit down and figure out the best policy to address these issues so that people that live here presently and people that are going to be moving here, that we can address the stormwater problem, and that's where we stand today. CHAIRMAN HENNING: Commissioner Coyle, do you mind meeting with staff to try to get those questions answered? COMMISSIONER COYLE: I don't mind, but I don't think it's going to do any good. I couldn't explain anything more clearly than what I've explained today. If the staff doesn't understand what I'd like to see, we could sit down for another 20 hours and I don't think it'd be any clearer. It just depends on what the staff wants to do. That's the question. And I don't think the staff wants to do what I want to do. COMMISSIONER HALAS: Mandatory MSTU or -- COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Yeah. MR. FEDER: Mr. Chairman, with all due respect, I appreciate-- and I think the commissioner had made himself very clear. What staff Page 100 January 29,2008 wants to do is what this board wants to do. What I was seeking to do was to make sure that I clarified what we had tried to do with this. If it did not succeed in doing what this board wants, which obviously it has not at this point, I would request that we get a chance to go back, work on this some more, work with the board either in further review or in workshop or whatever format. Obviously we want this program to succeed, but we want to make sure it does what the policy direction of the board is. CHAIRMAN HENNING: Yeah. We're going to continue that. COMMISSIONER FIALA: Okay. Well, then I'll ask my questions when we continue. CHAIRMAN HENNING: Yeah. So -- and I -- we need to take action On an item on the agenda, so I'm going to make a motion to continue. COMMISSIONER FIALA: Okay. And I'll second the motion. All right. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. MR. FEDER: Thank you very much. CHAIRMAN HENNING: Commissioners, you want to work through lunch or you want to go ahead -- COMMISSIONER FIALA: Nope, see you. CHAIRMAN HENNING: Want to take a lunch? COMMISSIONER COYLE: I smell food already. Page 10 1 January 29, 2008 CHAIRMAN HENNING: Smell food. Return about 1:10; is that good? COMMISSIONER COLETTA: 1:15. CHAIRMAN HENNING: 1:15? COMMISSIONER COLETTA: Hey, I just gave you six extra minutes. CHAIRMAN HENNING: We're in recess. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Thank you. The board's back in session from the lunch recess. The next item is 8A. Item #8A PETITION A VPLAT-2006-AR-10970, LOT 400, INDIGO PRESERVE, VACATING THE COUNTY'S AND THE PUBLICS INTEREST IN A PORTION OF A PLATTED DRAINAGE EASEMENT RUNNING THROUGH THE WESTERLY (REAR) PORTION OF LOT 400, INDIGO PRESERVE, A SUBDIVISION LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 40, PAGES 54-57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT A - MOTION TO BRING BACK ON THE FEBRUARY 26, 2008 BCC MEETING - APPROVED MR. MUDD: This item requires that ex parte disclosure be provided by commission members. Should a hearing be held on this item, all participants are required to be sworn in. It's a recommendation to deny approval of petition Page 102 January 29, 2008 A VPLAT-2006-AR-10970, lot 400, Indigo Preserve, to vacate the county's and the public's interest in a portion of platted drainage easement running through the westerly rear portion of lot 400, Indigo Preserve, a subdivision located in Section 27, Township 48 south, Range 26 east, as recorded in Plat Book 40, pages 54 through 57 of the public records of Collier County, Florida, and being more particularly described in Exhibit A. CHAIRMAN HENNING: If -- Commissioners, if you don't mind, our executive summary stated it had a letter of no objection from the HOA. I asked for that letter, and to me it -- really the letter doesn't state it has any objections to the vacation of the easement. It says it doesn't have any objection coming to the Board of Commissioners for the petition. I would like to continue this item with a request, if it's okay with the applicant, until there is a clear no objection from the HOA, and I need to ask the rest of the colleagues and the petitioner if that would be okay to do so. MR. MOREY: Well, on behalf of the petitioner-- CHAIRMAN HENNING: Your name, please? MR. MOREY: My name is James Morey. Good afternoon, Chairman. We have nO objection to continuing if that's what you want. I will say that it took some time to get that particular letter of objection (sic), the wording, you can imagine, but we can certainly work on that -- we can certainly work on that if you'd prefer that. CHAIRMAN HENNING: Commissioners? COMMISSIONER FIALA: Fine with me. COMMISSIONER COLETTA: Do we need a motion to that effect? CHAIRMAN HENNING: Well, we'll need a motion to continue it indefinitely. COMMISSIONER COLETTA: Motion to continue it indefinitely. Page 103 January 29, 2008 COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: There's a motion to continue it indefinitely and a second by Commissioner Fiala. Commissioner Halas? COMMISSIONER FIALA: Yeah. And I'd like to know how this would affect someone else that would buy this property if this is approved. MR. MOREY: Do you want that now or just-- COMMISSIONER HALAS: No, when it comes back. MR. MOREY: Okay. COMMISSIONER HALAS: I have some COncerns. MR. MOREY: Absolutely. COMMISSIONER HALAS: Okay. MS. FILSON: Mr. Chairman, I do have three speakers on this Issue. CHAIRMAN HENNING: Yeah. On this item do we go ahead and hear the speakers since we're continuing it anyways? MR. WEIGEL: Mr. Chairman, if you have a motion to continue On the floor and a vote, no, you would not hear the speakers. I will note, though, in regard to the continuance, that if you continue it indefinitely, as the motion would indicate, the matter will need to be readvertised at some expense. If you were to continue it to a period within five weeks, based on your policy in place, to a date certain, it would not have to be readvertised but would just come back at the date certain in case that's any further information for you. CHAIRMAN HENNING: Okay. That's very helpful. MR. MOREY: Respectfully, that would be preferred so we wouldn't have to incur that additional -- COMMISSIONER COLETTA: I amend my motion to have it come back within the five-week period. COMMISSIONER FIALA: And I'll second that amendment. MR. WEIGEL: You would need to indicate a date. Mr. Mudd Page 104 January 29, 2008 can help you with the dates of the meetings. MR. MUDD: February 26th, sir. CHAIRMAN HENNING: Okay. There's an amendment to the motion to have it come back February 22nd. MR. MUDD: 26th. COMMISSIONER HALAS: 26th. CHAIRMAN HENNING: 26th. And that's included in the second. Any further discussions? COMMISSIONER COLETTA: Question. CHAIRMAN HENNING: Yes, sir. COMMISSIONER COLETTA: Do we have to get ex parte disclosure On this before we -- CHAIRMAN HENNING: Well, we're not actually hearing this item because we're just under -- COMMISSIONER COLETTA: I understand. CHAIRMAN HENNING: -- discussion about continuing. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Thank you. MR. MOREY: Thank you very much. Item #8B ORDINANCE 2008-07: PUDZ-2003-AR-3601, TIM HANCOCK, OF DAVIDSON ENGINEERING, INC., A REZONE FROM Page 105 January 29, 2008 RURAL AGRICULTURAL (A) WITH A PROVISIONAL USE FOR A CHURCH AUTHORIZED BY RESOLUTION #91-3 AND THE NEAPOLITAN PARK PLANNED UNIT DEVELOPMENT (PUD) APPROVED AS ORDINANCE #90-6, TO A NEW COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) DISTRICT KNOWN AS THE NEW HOPE MINISTRIES CFPUD. THIS PROJECT CONSISTS OF 37.95 ACRES AND CONSISTS OF EXPANDING THE EXISTING CHURCH FACILITY. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD AND EAST OF SANTA BARBARA BOULEVARD AT 7675 DAVIS BOULEVARD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA - ADOPTED W /STIPULA TIONS AND ACCEPTING CCPC RECOMMENDATIONS MR. MUDD: Commissioner, next item is 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2003-AR-3601. Tim Hancock of Davidson Engineering, Inc., requesting a rezone from rural agricultural A with a provisional use for a church authorized by resolution 91-3, and the Neapolitan Park planned unit development, PUD, approved as ordinance number 90-6 to a new community facility planned unit development, CFPUD, district, to be known as the New Hope Ministries CFPUD. This project consists of 37.95 acres and will consist of expanding the existing church facility. The property is located on the north side of Davis Boulevard and east of Santa Barbara Boulevard at 96 -- excuse me -- at 7675 Davis Boulevard in Section 4, Township 50 south, Range 26 east, Collier County, Florida. CHAIRMAN HENNING: All wishing to participate in this discussion in this item, would you please rise and be sworn in by the Page 106 January 29,2008 court reporter. (The speakers were duly sworn and responded in the affirmative.) CHAIRMAN HENNING: Sue, do we have any public speakers on this? MS. FILSON: We have one. CHAIRMAN HENNING: One. And I assume that they stood? MS. FILSON: Yes. CHAIRMAN HENNING: Now we have to go to ex parte communication on this item, and we'll start with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have met with the petitioner and the petitioner's agent concerning this item. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have no ex parte On this particular issue. Thank you. CHAIRMAN HENNING: I met with Randy Johns. I also went on site and talked to the petitioner, petitioner's agent, on site. Commissioner Fiala? COMMISSIONER FIALA: Yes. I met with the -- with Tim Hancock and with the minister and with a couple other people -- I'm sorry. I don't remember their names right now -- all in my office at the same time. I've had correspondence, emails, and calls. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I have had meetings with the petitioner and the agents and representatives of the church. CHAIRMAN HENNING: Great. Mr. Hancock? MR. HANCOCK: Mr. Chairman, first of all, congratulations on being appointed chairman of the commission. My first opportunity to appear before you in that capacity. For the record, Tim Hancock, Director of Planning, Davidson Engineering. It is a pleasure for me to appear before you today on behalf of the property owner, New Hope Ministries, who's requesting a rezone of just less than 40 acres located on Davis Boulevard just east Page 107 January 29, 2008 of Santa Barbara Boulevard. On the visualizer you'll see two shaded parcels. The one on your right, the lighter yellow color, is the existing New Hope church approximately 21 acres. The one on the left is the existing Neapolitan Park PUD On approximately 19 acres. That particular project is currently zoned for 150,000 square feet of commercial office space, 38,000 square feet of miscellaneous retail, and 81 multifamily units. The proposal before you today is to take that project and rezone it along with the parent parcel to create one campus for New Hope Ministries. The primary reason for this rezone was, the church wished to expand and construct a multipurpose building, including Sunday school classrooms, gym space, and so forth. In order to do so and basically replace the play areas that that building would occupy, they were required to submit to the reZOne process. In the interest of making sure we don't have to go through the time and expense of a rezone anytime in the near future again, we produced a maximum buildout plan which all the transportation generation information was based on, but at the time, as I mentioned, currently, the church has a proposal in the next phase to construct a single multipurpose building. As you can imagine, converting a commercial PUD to church-related uses presents little or no land use compatibility issues. The off-peak nature of the operation of a church will help avoid transportation impacts to Davis Boulevard during its peak periods. In short, from a land use perspective, this one's almost a no-brainer. There are two issues, however, contained in your executive summary where the petitioner and staff differ. I'd like to briefly address each of them. First, the rezone is requesting a deviation from the requirement of a wall along the north and east property lines. This is typically required of a commercial development when located adjacent to a Page 108 January 29, 2008 residential property. As you can see from the aerial, the New Hope facility as it currently exists is the constructed building right there that Mr. Mudd's pointing to. And thank you, sir. It is heavily vegetated even currently along its eastern border between it and a residential community. To the north is the Enclave community. The Enclave community we have actually met with individually outside of the neighborhood information meetings, and we've had very good meetings with them, and they, in fact, are in support of the petition before you today. The proposed plan of development, as evidenced by the CFPUD master plan, will maintain a fairly broad swath of preserve along the eastern and northern property lines as well as a two-acre lake. This, in effect, provides more than adequate buffering between the church uses and the residential uses to the north and east. For the small section of property that is not going to have a preserve area between the church and the residential, we've proposed a type B buffer, which is 15 feet in width and includes, among other things, a vegetative hedge achieving six feet in height and 80 percent opacity within One year. In reality, the existing pines will be retained along that property line to the greatest extent practical, and additional plantings will be augmented to meet the type B buffer requirement. In the two neighborhood information meetings we've had to date as well as individual conversations with residents in the area, we've had nO objections stated to the proposed buffering plan and no request for a wall in lieu of vegetative screening. Staffs position is that this -- the applicant could come in and request an administrative variance through the SDP process. It is our position that in this very public of forums to request the deviation in open body and to discuss it through several neighborhood information meetings is the most appropriate course of action, and we'd like to avoid having to have an administrative process tacked onto the SDP at Page 109 January 29, 2008 a later date. The second issue surrounds the use, however temporary, of the preserve area for water management. This project has undergone extensive modeling for analysis of the water management system at the request of staff in an effort to show compliance with the Growth Management Plan requirement that states in fact that stormwater in preserves will not adversely impact the preserve. This allows for a case-by-case analysis of each project; however, the lack of a specific standard for measurement in the Land Development Code makes it difficult, if not impossible, to ensure that the project can meet what I've termed a phantom standard. In addition to the data and analysis provided staff throughout this process, this particular site has the unique characteristic in that the existing church currently routes its water management directly into an on-site preserve and has done so for the past 10-plus years. This picture is an exhibit of the preserve that is located between the existing New Hope facility and the Davis Boulevard right-of-way. AS you can see from this picture, the existing preserve is not showing signs of degradation, is not showing changes in development of the vegetation which would indicate a change in the hydroperiod. The water management for the newly developed areas will actually go well beyond what is occurring in this preserve. In fact, it's designed to pretreat all of the water before it ever has the possibility of entering the preserve. The existing preserve does not have that benefit. So all water will be routed into a combination of dry detention and a lake before it ever has the opportunity to overflow into the preserve area. And the only times at which this overflow would occur would be during peak storm periods. And as the water would slowly backflow into the preserve, it would just as easily flow right back to the lake and exit the system through its existing outfall. This is all being designed according to South Florida Water Management District standards and Page 11 0 January 29,2008 will have to be approved by the district. In short, the new preserve areas which are very similar in vegetative makeup will receive less stormwater, all of which has been pretreated when compared to the existing preserve. This is what gives us a high degree of confidence that this design will not adversely impact the preserves. You will also hear today that the applicant is agreeing, as required by our management plan, to continue to monitor the preserves, and in doing so, any degradation of the preserves will have to be addressed by the applicant in the future. We have agreed to the CCPC stipulations contained in their unanimous recommendation for approval. This project also received a recommendation of approval via a 5-1 vote from the Environmental Advisory Council. All CCPC stipulations are contained in the document before you today. In closing, this rezone will allow for the growth and expanding of New Hope Ministries into the future. Churches that are actively engaged in the betterment of their communities are a critical component of the social infrastructure that meets the needs of the most needy among us. New Hope participates in our local schools by providing school supplies, underwear, socks to needy children, as well as appreciation gifts to teachers and instructional staff. They're a host site for groups such as Children and Family Services, foster parent training, and the foundation for the developmentally disabled. They participate in community outreach such as distribution of food from the Harry Chapin Food Bank and have assisted with clean-up and repairs in Immokalee and surrounding areas during Hurricanes Charley and Wilma. The proposed general use building or purpose building will be available to assist your emergency preparedness staff for staging and sheltering as needed, as well as for planning and training, as they have Page 111 January 29, 2008 in the past. These, plus a very long list of other community, national, and international outreach programs are part and parcel of New Hope Ministries. The request before you today will only serve to permit them to expand their services in these and so many other areas. And on behalf of their pastor, their staff, and their membership, I humbly ask for your support here today. I'll be pleased to address any questions you may have. I also have with me our director of environmental services, Mr. Jeremy Sterk and Mr. Gaven Gillette, who can anSwer any civil engineering questions you may have with regard to water management system. CHAIRMAN HENNING: Questions by the board members? Commissioner Halas? COMMISSIONER HALAS: You touched on a subject that's -- I was very concerned about, and that was the stormwater management in the preserve, and I believe you made reference to the fact that if there is any degradation to that preserve that it was going to be under the responsibility of Hope Ministries as they expanded this property; is that -- is that my understanding? MR. HANCOCK: Yes, sir. Typically in any project, whether there's water management in the preserves or not, if any degradation is noted in the preserve, the property owner must address that through their annual monitoring. COMMISSIONER HALAS: Because I have some COncerns about using a preserve for that manner, okay. So I'm glad that you mentioned that. The other concern I have is a sound wall. I understand where you're coming from on this, but I know that we -- before us was another church that we basically told the developer that they had to put a wall all the way around. It was a church, I believe, out in the -- in the Estates area. And I think maybe as you expand your facilities and encompass Page 112 January 29, 2008 more building, then it might add to not only the residents in that area, but also add to the children that may be running -- that will be using that area or running around that area to whereby that maybe a wall would be conducive to that. That's all I have. Thank you. CHAIRMAN HENNING: Commissioners? Nothing? Commissioner Halas -- Coyle? COMMISSIONER COYLE: Yes. Mr. Hancock, would you put the previous slide on, please? I'd just like to clarify something. Make sure that we all understand -- that one is good, yeah. When you're talking about potential damage to preserve, you're not talking about any of those areas that are labeled as future development On this map; is that true? MR. HANCOCK: That's correct, sir. COMMISSIONER COYLE: Now, all of those areas right now are wooded. MR. HANCOCK: Yes, sir. COMMISSIONER COYLE: Okay. So water coming out of the proposed lake and flowing across any of that wooded area, even if it causes damage to that wooded area, you are not accepting responsibility for that; is that essentially the case? Maybe the best thing is the aerial photograph. Now, all of the treed area in the center, northern part, and in the lower left-hand part, are not considered preserve. MR. HANCOCK: That's correct, sir. COMMISSIONER COYLE: Okay. So water can flow through that area and it could cause damage to those trees, and you're not going to assume any responsibility for that. That -- we need to be clear on what you're assuming responsibility for. MR. HANCOCK: The reason that that won't happen, sir, is that before this system can become operational, a detention area where those trees are now would have to be constructed requiring their Page 113 January 29, 2008 removal, and the preserve area will actually be on the other side of an elevated site. So it's a line in the sand that water's not going to be able to travel in that way. Once the lake is constructed, the preserves, in essence, will be at a slightly higher elevation so that the water can only, at peak periods, flow into the preserve, not elsewhere on the site. COMMISSIONER COYLE: Okay. But what I'm trying to do is make sure we get a clear understanding of what the preserve is that we're really talking about. The preserve is not all of this wooded area. MR. HANCOCK: No, sir. COMMISSIONER COYLE: The preserve is only a portion of the wooded area in the upper left-hand corner and a portion of the wooded area in the northern portion. Just those two areas right there are the only things we're talking about as preserves. MR. HANCOCK: Yes, sir. COMMISSIONER COYLE: You're going to clear all that other property? MR. HANCOCK: Yes, sir. COMMISSIONER COYLE: Okay. Now, the -- when you clear it, you're going to create a number of additional uses for that property. Some of those uses are recreational in nature, volleyball courts, swimming pools, and things of that nature. Is there any need, in your opinion, to construct a better barrier from this facility to separate it from the residential facility as it -- because of those recreational activities? MR. HANCOCK: No, sir, and the reason, I believe that that will, in part, not be necessary is, the exhibit before you points to the location. This is a copy of the current Site Development Plan which is in review with Collier County at this time. That is the location and placement of the general purpose building. Between the existing sanctuary and the general purpose building, they more or less will seal off between the activity area and the residential to the east and to the north. Page 114 January 29, 2008 So, for example, if we have an extremely boisterous softball game going on, I think a two-story building is going to work a lot better than a six-foot wall. And the plan before you will, in essence, make sure that the future growth and the impacts of that growth occur predominantly to the west, away from the residential areas and, therefore, not encroaching further on those areas. So for those reasons, sir, I think the plan, as you see here, will hopefully address those concerns. COMMISSIONER COYLE: It does partially. I was thinking also in terms of the safety of the children who are playing there, that there's really no barrier from Davis Boulevard, and I was just wondering if you felt it might be appropriate to consider something for that purpose. MR. HANCOCK: I can assure you that the safety of those children is paramount to the church. Where existing vegetation along Davis Boulevard can be retained, it will. There are two barriers existing there today. One is a fairly significant swale constructed by Collier County as a part of the Davis Boulevard road widening. The second you'll see is a dry detention area which is shallow and depressional in nature and approximately 30 feet across. Those two areas are going to be physical barriers by themselves. If there is one sense of concern for those children, I can assure you a proper containment will be constructed. At this point we believe those are sufficient, but your COncern is noted, and the pastor's here present, and as are members of the congregation. If I could ask you to raise your hand if you're here On behalf of New Hope. I think they hear you loud and clear, sir. COMMISSIONER COYLE: Okay. Now, Mr. Chairman, the other question I have has to be asked of staff. I'd like to talk with someone who can provide me some answers about why the staff objects to the stormwater plan. CHAIRMAN HENNING: Yeah. Ifwe can get through the Page 115 January 29, 2008 petitioner's questions first. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: And then go to our staff. They have to do a presentation anyways. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Could you show me -- now, it says that you're going to be building a sanctuary, a 4,200-seat sanctuary. Can you show me where that's going to be on here? MR. HANCOCK: No, ma'am, I can't, and the reason I cannot is, this is as far as the church has physical plans to go as we stand here today, but because in going through the zoning process we were asked by staff to produce a maximum buildout scenario in order to evaluate the transportation issues, they looked well out into the future and tried to pick a number that would far exceed what we thought we would need, and that's exactly what we did. Any future development of a new sanctuary to replace the existing one would occur, obviously, to the west, but we don't have a hard and fast plan for where that's going to be or its size at this point. That was the reason for putting that number in there was to really address transportation concerns at buildout. COMMISSIONER FIALA: Of course, my COncern is always transportation as well. But also, with a 4,200-seat sanctuary and the parking for 4,200 -- well, maybe 3,000 cars, that's -- that leaves a lot of impervious area there -- leaves very little for drainage. And so I think that the drainage must be accommodated right in the beginning to make sure that we don't drown out any of the -- any of the preserve areas. And I know that you paint a wonderful picture. They all do, by the way. And everybody feels that theirs is going to be the very best thing, and then afterwards, many times they have to say, oh, well, it wasn't supposed to work that way, but it did. And I'm concerned about that knowing that the land is going to be used in this fashion. Page 116 January 29,2008 And the second thing is about the fence waiver, you know, as I see it now there's nO reason to have a fence, but -- or a wall or anything, but when you have 4,200 people coming and going, that might be different. So I would love to just have the applicant request an administrative fence variance at some point in time when we know how it's going to function, and when we see all of these things that have stayed there and nothing has had to be removed and there's a thick, dense barrier. I just want to protect all the neighbors there, and I'm sure that everybody -- this church has nothing but good things going for it, and it's always been a credit. They're in East Naples, and I tell you, they've always been a credit to East Naples. I have no problems with that. I'm just making sure that we have all of our ducks in a row so that afterwards we don't have to go back and say, well, we didn't do this right. CHAIRMAN HENNING: Okay. Let me -- Mr. Hancock, I have some questions. Do you have a picture of where the preserves are going to be located in the future or the -- what the preserves look like today, the vegetation, the underground and storage and that? MR. MUDD: Commissioner, I'm not Mr. -- CHAIRMAN HENNING: You're not going to see the understorage on that. MR. MUDD: No. CHAIRMAN HENNING: The-- MR. HANCOCK: This is a picture of the area that is in the center or core area of what will be the native preserve. And as you can see, there's a predominance of pine and palmetto understory very similar to that which exists by Davis Boulevard in the earlier picture that I showed you. As a matter of fact, if we put them side by side -- CHAIRMAN HENNING: Well, let's put them side by side. Let's see the other one that is accepting stormwater today. MR. HANCOCK: With the exception of an increase of density Page 117 January 29,2008 because of more depth in the photo on the left as opposed to the narrower width of the one On the right, the properties, from a vegetative standpoint, are very, very similar. CHAIRMAN HENNING: And they are, and I just wanted to point that out to the board. When I went out there, that was one of the issues, or that is One of the issues. If you take it, you know, side by side and -- or actually go out there, you'll see that even untreated stormwater doesn't make a difference on the vegetation. And in fact, in my opinion, at the ground level, it actually enhanced it. So hopefully we can use this as a model what we want to do as far as storage of stormwater in a wooded area, because it -- to me it actually is an enhancement, what some would consider as upland vegetation. Tell me about the neighborhood meetings. And what was the concerns of the neighbors and what did you share with them of what you're going to do and how you're going to separate the two uses? MR. HANCOCK: The first neighborhood information meeting, we had none of the adjacent property owners or residents attend. We had some of our folks from New Hope there, and we didn't have anybody show up. But we went ahead and went through the presentation anyway. Because we have been in this process for an extended period of time, we were requested to have a second neighborhood information meeting, which we did. At that particular meeting, I remember speaking directly to about four residents, and there were approximately 10 or 12 residents in total that showed up. One of the primary concerns was -- and two of the ladies that were there lived in the building which is actually closest to the current sanctuary, and they wanted to know, what is my view going to be. They wanted to see trees. And when I explained to them one of the issues was whether or not a wall would go there or whether we'd have a vegetative landscape, those two individuals, in particular, stated they Page 118 January 29, 2008 prefer the vegetative landscape. We've had nO comments to the contrary either in writing -- I don't think staff has received any correspondence indicating that a wall is preferable. And in fact, we had a subsequent meeting with residents of the Enclave to the north who were looking for a different set of issues. They have access concerns and would have liked to make a connection to our site to get out to Santa Barbara, and that's one of the things I didn't mention in my presentation in an attempt -- unusual as it is for me to be brief. But this project does have two access points. Currently New Hope Ministries's access is solely on Davis Boulevard. By virtue of this rezone, we have a second access point which will line up with Dolphin Plaza to the west and create an exit point out to Santa Barbara, and approximately 50 percent of our trips will be using that out to Santa Barbara as opposed to Davis Boulevard. So instead of one point of ingress and egress, we nOw have two, and we'll have greater dispersal On those Sunday mornings or special event times. But we met with the folks of the Enclave, and their COncern was access. Beyond that, I received an email from the president of their association just this morning indicating, as I recall, today, January 29th is your big day. Good luck. I hope your meeting goes well. Thank you for taking the time to meet with Don Flanigan and myself a couple weeks ago to share your plans and thoughts. That, in essence, is the soup-to-nuts version of the input we've had from adjacent property owners. It has been either non-existent or positive, and that's very rare. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you, Commissioner Henning. I just wanted to point out one thing. I know there's concerns over the -- using the storm -- taking the stormwater and putting it in the preserve area. But I want to remind you that we have an advisory Page 119 January 29, 2008 group, that EAC, who approved it 5-1, and I'm sure that they vetted this in a total manner that would satisfy anyone. And I don't have a problem with that. However, with that said, Commissioner Fiala did bring up a good point. Now, we know that the northeast end of your property, there is really no One living there at this point in time. We don't know what the future's going to bring for the property on the other side. Maybe if it's -- it's definitely not set into preserve. Someday it could be developed, and at that point in time, is your vegetative buffer going to be enough to satisfy residents that will be living within a minimum distance from that line? MR. HANCOCK: Commissioner, as the aerial here indicates, if you go to the east, the property to the east is, in fact, built out with -- actually the residential doesn't start till you get to the back One third of our property which is predominantly where the preserve wraps around that corner. To the north is the Enclave, which are the multifamily buildings you see, and that somewhat cleared area is now a school. So we're built out On the north. To the west is the Dolphin Plaza project, which is currently under construction and will be commercial. So we are, in effect, bounded on three sides by fully developed projects. And so the conditions today are what they are, and our development pattern will actually be a western encroachment further away from the residential as opposed to closer to it. And so for those reasons, the fact that we're growing towards a commercial project instead of residential, in my mind, further lessens the concern over the impact of a maximum buildout scenario in the future. CHAIRMAN HENNING: Okay. Commissioner Halas? Go ahead. COMMISSIONER COLETTA: I'm sorry. If! may. I feel Page 120 January 29, 2008 comfortable with the whole thing. I'd like to just be able to move it to the next level and make a motion for approval with the recommendations of the Planning Commission. CHAIRMAN HENNING: Well, before we do that. COMMISSIONER COLETTA: Or is that too premature? CHAIRMAN HENNING: I'd like to have Commissioner Coyle's questions answered by staff, if you don't mind. COMMISSIONER COLETTA: No, that's quite all right. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. This is the property as it is today, correct? CHAIRMAN HENNING: Yes, sir. COMMISSIONER HALAS: Okay. So we don't have that much impervious ground as far as addressing the stormwater issue. Now, go back to the other picture that -- of your proposed buildout. And you're saying that you're going to build a sanctuary there that will hold 4,200 people. Obviously you're going to have a large parking area that's going to be contributing to asphalt and everything else, and that's going to be impervious to the water as it is today; am I correct? MR. HANCOCK: To some degree yes, sir, and-- COMMISSIONER HALAS: And so that water then is going to travel into the preserve. MR. HANCOCK: No, sir, and here's why. First of all, the 4,200 number is -- and I don't underestimate Pastor Thigpen's ability at all, but it's a pie-in-the-sky number that may never be achieved. We hope it will. But it was a number that we had to pick as a maximum buildout because that's what drove the transportation issues. Currently there are no hard concrete plans to expand the sanctuary. So that's where we sit today. But let's take it to that buildout because we want to deal with worst-case scenario. What you see here is designed to address the buildout plans that we have right now, which is the previous plan that I showed you with the additional Page 121 January 29,2008 building on it. At the next phase of development, when the area there is being used for overflow parking or just as green space and play area, as that is ultimately converted to some type of building use, additional water management areas will be placed On the property, whether it be a second lake or additional dry detention area, to handle and pretreat all future stormwater under the exact same criteria that we are touting today as far as when water and how water's released into the preserves. In other words, we have to build more water management areas every time we build more impervious. So the water management that we're talking about is designed for the amount of impervious we will have. As it grows, so will the water management treatment areas so that all water management will be pretreated before it ever enters the preserve, and it will only enter the preserve under peak conditions. COMMISSIONER HALAS: And whoever the motion maker is, then we'll put that stipulation on if there is any detrimental damage to the preserve down the road, 10 years from nOw or whatever, that there'll be -- you'll be liable for that to bring it -- restore it. MR. HANCOCK: Yes, sir. We've agreed to that condition with staff. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. So let me see if I understand what you just said. Will you have to come back to us for approval to build -- to build a larger site or will this -- will this petition then have everything done administratively? MR. HANCOCK: From this point forward, as much as I dearly love these times we get to spend together, the -- because we're going through this zoning process in such a way as to address the maximum buildout, any additional buildings will require an amendment of our Site Development Plan, and that will be a comprehensive review at the Page 122 January 29,2008 staff level as well as, all water management must be reviewed by the South Florida Water Management District. COMMISSIONER FIALA: So in other words, if a fence is needed, we won't hear about that. Staff will. Same with if there's water going into the preserves that maybe we hadn't expected, we don't hear about that anymore. Today when we sign off on this, we sign off forever, right? MR. HANCOCK: Only to the extent -- there's an annual monitoring program for all PUDs, there's also a preserve management plan that is a requirement of any SDP. That preserve management plan requires that on an annual basis we provide the type of information staff is seeking to ensure that the standards you're putting in place today are adhered to in the future, and it is our responsibility to monitor and maintain that, as it is for all preserves in every proj ect you approve. So, you know, are we going to have to come back before this body? Yes, if we have, indeed, executed a zoning violation, we will be before you. But no, the administrative process -- and I believe that the PUD monitoring reports which this board has stiffened extensively over the past few years, combined with the preserve management plans that are required and monitored by county staff, are the assurance that you need that someone is, in fact, watching the store. CHAIRMAN HENNING: Okay. Can we go to staffs presentation and address Commissioner Coyle's question? MR. LORENZ: Yes. For the record, Bill Lorenz, Engineering Environmental Services Director. And I'm here to address Commissioner Coyle's question. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Bill, there are two of them, one pertains to traffic. I am concerned about the traffic burden that's created by the new sanctuary, the location of which has not been determined, and I'd like to understand how you've accommodated that Page 123 January 29, 2008 in your estimates. MR. CASALANGUIDA: Sure. For the record, Nick Casalanguida, Transportation. What we presented testimony at the Planning Commission was, no facility can handle typical peak Sunday traffic for, say, a church. All the churches, even the one I attend on St. Agnes, for that one-half peak period or that half-hour period, puts a tremendous burden on the roadway network. But off-peak hours where we do our analysis, and even a.m. peak and p.m. peak, this development does not pose any impact to the roadway network, but you are going to get significant impacts on, you know, Saturday afternoon church or Sunday church. For that one-hour period you will see the network around it and the intersections be overburdened, and that dispersal takes anywhere from a half hour to an hour. COMMISSIONER COYLE: Is there any requirement that the church provide some traffic direction capability? MR. CASALANGUIDA: Typically what they do is, if we notice that it becomes extensive, sheriffs deputies get called in, and churches require that because the congregation usually demands it. So that's typically what happens. We also put a stipulation in when we widened Davis Boulevard, any improvements to the turn lanes and right-of-way in front of their project would be built for them and then back charged to them when we do that, because we plan to expand Davis in the future. COMMISSIONER COYLE: Now, who would pay for the additional deputy support for traffic control? MR. CASALANGUIDA: They would pay for that. COMMISSIONER COYLE: They would pay for that. Is it specified in the PUD or in the code in any way? MR. CASALANGUIDA: It's not part of the transportation requirement, but if they want to put that on the record that that's what Page 124 January 29, 2008 they will do, I'm sure that they will. COMMISSIONER COYLE: Well, the only way it will get on the record is if we put it on the record here. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Right? Now, let's talk about parking. It seems to me that I read somewhere that there was a requirement that a certain percentage of the parking here be on pervious surfaces, is that in this PUD or am I confusing another PUD? MR. CASALANGUIDA: I don't review parking internally, but I can tell you that parking spaces they proposed -- I believe if they want to address that, that's outside the right-of-way. COMMISSIONER COYLE: Tim? MR. HANCOCK: Tim Hancock. Yes, sir. The Planning Commission requested that a requirement of 30 percent of all parking be pervious surface, to which we have agreed. COMMISSIONER COYLE: Okay, good. And the final question has to do with stormwater. Bill, if -- explain to us why the procedures explained or outlined in the PUD are not acceptable to you. Tell us what's wrong. MR. LORENZ: I'll pick up a little bit on what Mr. Hancock indicated earlier in his presentation where he said this is the project that has, I believe he said, phantom standards. And the problem comes, is the Growth Management Plan does allow for stormwater to go into preserve as long as we can demonstrate no adverse impacts, and those adverse impacts would be to vegetation and to listed species as defined by criteria within the Land Development Code. And of course, there's the rub. We don't have the criteria identified in the Land Development Code as of yet. You may be aware that the past year and a half we had gone through a process with stakeholder groups, and eventually we did get to the Environmental Advisory Council who made a recommendation regarding stormwater and preserve that would provide that criteria for Page 125 January 29, 2008 the Land Development Code. That recommendation went to the Planning Commission but because there wasn't a consensus amongst all the stakeholders groups. The Planning Commission did not want to forward it on and staff stopped that process; however, in August, September of last year, the EAC did make the recommendations that would prohibit stormwater to go into preserves that had predominantly non-hydric or upland soils. In this particular situation, this particular preserve has, I believe, 90 percent upland soils, roughly that amount; therefore, utilizing the EAC's recommendation -- albeit not a formal set of regulations, of course, adopted by the Board of County Commissioners, but to use that as a benchmark --staff started at that particular point. Now, the applicant was very, very good in providing additional supplemental information and worked with us to do some hydrologic modeling and develop some data that we could then evaluate further on. In the EAC's recommendation, they also -- they also recognized that there could be deviations to that, or at least to go through an appeals process to the EAC, and then eventually the Board of County Commissioners, to modify that recommendation of prohibition into upland soils. The petitioner did provide that information. I believe that information is contained in the report. In addition -- and that information would indicate that there were -- there were -- the amount of time that the stormwater would go into the preserve was roughly around four storm events per year, and that information was available to staff as well. In addition the storm -- the petitioner provided information concerning the combination or comparison of the existing preserve to the future preserves. Staffs only concerns with that was that the existing preserve is more -- more hydric soils than the preserve -- proposed preserve. So Page 126 January 29, 2008 we get back to that hydric soils analysis again. Staff felt that because we don't have the standards, we did not want to recommend approval because we don't have that criteria to make the evaluation; however, the petitioner has provided that information up through the advisory committees, in which you heard that EAC approved it, and One of their approvals was based upon the fact that we don't have black and white criteria and, of course, you heard the Planning Commission's recommendation as well. So even though staff made the recommendation that it did not conform with the policies because we don't have the criteria, but -- we're moving it through the advisory committees and ultimately to you. COMMISSIONER COYLE: Okay. I think I understand. One of the problems we're going to have here is that about 75 percent or more of the flora and fauna on this property is going to be destroyed right off the bat; I mean, as sOOn as they start clearing. That's going to leave a relatively small amount of native preserve left anyway. If you did nothing beyond that point, if you diverted no stormwater into those native preserves at all, you will have impacted those preserves merely by removing 75 to 80 percent of what previously was there. The same number and/or types of plants and animals are not going to be living there anymore. See, that's the problem of trying to assess it after you've cleared 80 percent of the site. So I don't know how we solve that problem. And I think what you're telling me is you're issuing a soft denial on essentially a technical issue here. So I'll just boil it down to One thing. If you do discharge the water from the lake four times a year and the water in that lake is treated as it is supposed to be, is it going to harm the plants and trees in the small remaining native preserves that are left? MR. LORENZ: Well, that's the -- that's the question that we don't have the criteria to give you a black and white answer. And Page 127 January 29,2008 we're hoping that as we develop the Land Development Code amendments, that that criteria will emerge at least to stay that this would be acceptable. I-- COMMISSIONER COYLE: And I'm sorry. Maybe this will make it easier. If you include something in the PUD approval that says that these portions of the native preserve will remain essentially undisturbed, remain in their current condition, if they are then destroyed in any way then the petitioner will have responsibility for restoring it, it would seem to me. Is there a way to deal with it that way? MR. LORENZ: I think so. I think that's -- the earlier discussion was that in -- as a stipulation required in the preserve management plan, that in the event that vegetation is harmed or destroyed as a result of the stormwater entering the preserves, the applicant would then be required to replant the preserves with appropriate native vegetation. COMMISSIONER COYLE: And you believe there's sufficient safeguard then within the existing documents and Land Development Code to accomplish that? MR. LORENZ: We can work on a stipulation very specifically for that, and add that to it. I'm not sure that -- I can't recall the actual preserve management plan language at the moment, but I think that we -- that's something that we definitely would want to have in the preserve management plan. COMMISSIONER COYLE: Okay, good. Thank you very much. CHAIRMAN HENNING: Okay. Before I take a motion to approve, I'd have to close the public hearing, and we have a speaker. Can we hold off on the motion to -- COMMISSIONER COLETTA: Of course, Commissioner Henning. MS. FILSON: Mr. Chairman, I have One speaker, Doug House. Page 128 January 29, 2008 MR. HOUSE: It's an honor to be able to stand in front of you fellows and ladies today. I really enjoy this. Mr. Hancock stole my thunder. He answered every question. He did it so well I can't even add to it. I only have one request. I request that this be a unanimous yes vote. Thank you very much. CHAIRMAN HENNING: Thank you, Mr. House. Okay. At this time I'm going to -- ifthere's no further questions, I'm going to close the public hearing and entertain a motion at this time. Do you have to get something on the record? I'm sorry. MS. ZONE: Yes, Chairman, thank you. CHAIRMAN HENNING: And you were sworn in, right? MS. ZONE. No. I'm going to ask to be sworn in. (The speaker was duly sworn.) MS. ZONE: I do. Thank you. Good afternoon. Melissa Zone, Principal Planner with the Department of Zoning and Land Development. I'd like to read into the record that this request is a reZOne to a community facility planned unit development to be known as New Hope Ministry and want to talk briefly about your deviation request about the waiver for the wall. It is undetermined right now at the impacts that this development will have against the residential portion ofthe adjacent land. And in the LDC section 4.06, the buffer requirements specifically say to separate commercial, community use, industrial, and public use developments from residential developments. And staffs recommendation is going on the LDC requirement, and the reason why staff does not support the deviation request is because the project is surrounded by existing residential. The LDC has a procedure in place that provides the applicant the ability to request what equates to an administrative deviation for the wall requirement during the site development plan review phase of the Page 129 January 29,2008 development, which the applicant has to come in and have reviewed to -- with staff. At that time, site development review, staff will have a detailed layout of the proposed development and its relationship to the surrounding residential land uses and can then appropriately evaluate the request for those impacts; therefore, it's staffs opinion that this request is premature and approval of this request would effectively circumvent the procedure for review that the LDC -- CHAIRMAN HENNING: Well, let's correct that. The approval of the deviation or the approval of the -- MS. ZONE: Of the deviation would then circumvent. CHAIRMAN HENNING: Deviation. MS. ZONE: Correct. CHAIRMAN HENNING: Okay. MS. ZONE: Correct, Commissioner. CHAIRMAN HENNING: All right. MS. ZONE: And so what we're asking is that this is a bit premature. We would like to have this -- since they have to come in anyways during the site development review, we would like -- and it's On page 63 of your report -- that deviation be removed from the PUD document because they can still come back during the review process, and then request the deviation for the fence if it's warrant. Also I just would like to note that if you are going with the approval for the stormwater, which the Planning Commission recommended, that we should put into the PUD document under the PUD developer's commitments, under environmental -- and this is if you do approve Planning Commissions' (sic) for the stormwater, that the applicant will monitor the preserves, and if their plan adversely -- the development adversely impacts the designated preserves, that the applicant shall be responsible for restoring the preserves, and that we could put as a -- under the developer's commitments, the PUD monitoring then can look at that and we could follow up and if we Page 130 January 29,2008 have to, bring it back before you. So those are two things. And then if -- also what we would like -- and transportation is also requesting then -- if -- at buildout, if there is heavy traffic -- and maybe we put that under the traffic portion of the PUD document, that the developer will pay for a sheriff to be there to monitor and control the traffic coming in and out of the church during services. And if you have any questions for staff, I'm here to address them. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COLETTA: Coletta. CHAIRMAN HENNING: Yeah. COMMISSIONER COYLE: You have to put a sign up. COMMISSIONER COLETTA: I'm sorry. Commissioner Fiala had her hand up. COMMISSIONER FIALA: That's okay. I was going to make a motion. COMMISSIONER COLETTA: I was going to make a motion. Oh, you make a motion. It sounds so much more elegant coming from you. COMMISSIONER FIALA: No, it doesn't. I'd like to make a motion to approve this petition with all of the Planning Commission's recommendations and stipulations, and include the stipulations that Melissa Zone has just presented from staff. COMMISSIONER HALAS: I'll second that. That's with the stormwater and the traffic and -- COMMISSIONER FIALA: Yes, and the fence. COMMISSIONER HALAS: And the wall. COMMISSIONER FIALA: Fence, wall. COMMISSIONER HALAS: I'll second that. COMMISSIONER COLETTA: If I may ask a question. COMMISSIONER FIALA: Sure. COMMISSIONER COLETTA: One more time, what was the Page 131 January 29,2008 stipulations on the wall? MS. ZONE: Well, what staff is -- staffs stipulation is that we would like to remove the deviation for the fence so that they could come back during the Site Development Plan review, and then we can be able to determine if the impacts of this development will be harming the residential property. It's not saying they can never have the waiver. It's just saying we will now be able to determine the impacts at that time. The other part is, if you are going to approve the stormwater -- I mean, we're still saying the stormwater should not be in the preserves. But if you are going with the Planning Commission's recommendation for the treatment of the stormwater before they enter the preserve, then what staff would like is, in the PUD document that the applicant will have to monitor the preserves. If they have been impacted, they will then have to come back, and basically they will have to be responsible for restoring those preserves. COMMISSIONER COLETTA: Yeah. And I heard Commissioner Fiala do that. But if I may finish my question. MS. ZONE: Yes. COMMISSIONER COLETTA: Going back to the wall. MS. ZONE: Correct. COMMISSIONER COLETTA: What we're doing is we're turning our authority over to staff to make that determination at some future date, and that scares me a little bit because I see this wall as nothing more than like the bridge in Alaska that goes to nowhere, where the sidewalks that we've built in the past that begin and end in front of a particular piece of property and serve no real purpose. So I question whether we really need to be able to -- can you show me on a map exactly what the threat is that we have to be able to deal with the wall? To protect the commercial area or is it to protect the church? MS. ZONE: Well, this property is adjacent to a school, this Page 132 January 29, 2008 property's adjacent to residential uses, and the LDC says, to protect that, those walls are required. COMMISSIONER COLETTA: Do we have the ability to override the LDC here just by the way we put together this PUD? MS. ZONE: You do, yes, you do. Staff cannot, and that's why we're sticking with our recommendation. COMMISSIONER COLETTA: I agree with the motion, everything except for the issue of the wall. I think that's One we could resolve right now. Possibly we could put the wall issue back up on a map so we'd know exactly what we're talking about and what the threat is to humanity out there with this wall not being there. MS. ZONE: That's a hard one. But I would also recommend that, to be very clear about the stormwater, which recommendation you're going with that so it's very clear on the record for us. COMMISSIONER FIALA: Yeah, I was. MS. ZONE: And then the other part again with the sheriff being present, that that be a new commitment under developer's commitments. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Okay. I'll say one more time then about the stormwater, we're going with the Planning Commission's recommendations, and add to that if for some reason that that preserve dies off or whatever, that the petitioner will be responsible for replacing it. MS. ZONE: Okay, very good. COMMISSIONER FIALA: Okay. And with the wall, my only concern, we don't really need that nOw because there's plenty of preserve there to protect everybody. I only am concerned with some time in the future if you've got 4,200 cars riding around and then the -- and, you know, the lights are going through trees or whatever, that the neighbors will be upset. And I just -- somehow I want to reserve the right to protect that area if we need it. We might not ever need it. I Page 133 January 29,2008 just don't know how to get there. COMMISSIONER COLETTA: One question, if! may, Chair. CHAIRMAN HENNING: Yeah. I want to -- I want to ask about what's being stated on the -- in the Land Development Code because I'm seeing different. In section 5.08 -- 5.03.02.88, it says, when determined a beneficial health, safety, and welfare to the public. So are you saying that you would use that criteria to see if the wall or fence would be a health, safety, or welfare benefit? MS. ZONE: Staff will be able to determine the impacts because currently right nOW under the master plan we see more than 75 percent of that property is going to be developed on, and the 4,200-seat sanctuary, even if it's 3,000 seats, is quite large, and those impacts could very much spill over into the other development. And again, there's a church -- or there's a school just north of this property. The residential is north and east of this property. And staff, in light of everything, you have those concerns. And Commissioner Halas brought up a good point about -- that if there is an event going On -- CHAIRMAN HENNING: I just want my question answered, that's all. MS. ZONE: Okay. CHAIRMAN HENNING: That's all I want. MS. ZONE: Sorry, Commissioner. CHAIRMAN HENNING: You don't have to try to convince me to make a decision. I just want -- I just want information to make a good decision. MS. ZONE: Correct. CHAIRMAN HENNING: And I just don't understand the process that you're going through, and I just feel a lot of pressure to sell me on it. So, you know, I'm going to let it go. COMMISSIONER COLETTA: Could I offer an alternative? CHAIRMAN HENNING: Yes. Page 134 January 29, 2008 COMMISSIONER COLETTA: Well, I really don't have a problem if the wall's needed at some point in time. My problem is the point that we're leaving it up to a staff that we don't know who it's going to be at that point in time. Is there any way that we could have it where if staff ever determines that they think a wall is needed, that it has to come back to the commission? I just -- I just -- I'd rather have some future commission sit in judgment of this rather than staff members that we don't know who they'll be at that point in time. This could be way, way in the future. MS. ISTENES: For the record, Susan Istenes, zoning director. Let me just clarify One thing. You have that process in effect now, so if you're uncomfortable with staff making administrative determinations about whether a wall should and shouldn't required, then I think we need to talk about doing a future LDC amendment because that process exists nOw. The wall is required between residential and this property. And I guess -- and I'm not trying to convince you of anything. You all make any decision you want. That's fine with us. We'll write it up that way. All we were trying to impress upon you -- and I hate bringing up Stevie Tomato's, but here it is again. My from-the-heart recommendation is, don't put yourself in a position where further on down the road, 4,200 seats, ball fields, whatever, different people living in the residences that were there when they went to the NIM, of not at least having the ability to require the wall. And if you put it in the PUD that they don't have to put in the wall, then you have totally erased any ability for the wall. So that's the danger, Commissioner. You can certainly, if you feel very comfortable with the public forum here and everything you've heard and you decide the wall isn't warranted, we'll write that up. COMMISSIONER COLETTA: Let's go back to what I was just suggesting. Do we have it in such a way that it would come back to Page 135 January 29, 2008 the commission? The present staff that we have, nO one excluded, I think that would make a great decision in this particular direction, but let's face it, we do retire, people do move on. I want to try to protect the integrity of this way into the future and not to have some staff decision made on the moment to try to get something off the books. MS. ISTENES: So I think what I hear you saying is, let's -- you should not approve the deviation now, however, the wall -- if staff determines the wall is required when the applicant applies for administrative variance to remove the wall -- COMMISSIONER COLETTA: No. MS. ISTENES: Okay. COMMISSIONER COLETTA: Never build the wall to begin with until it's absolutely needed and the commission would decide it. MS. ISTENES: Okay. COMMISSIONER COLETTA: Yeah. I would never ask them to build a wall and tear it down. MS. ISTENES: No, no, no, sir. I wasn't suggesting that either. I guess I was just talking about -- CHAIRMAN HENNING: Can I bring a -- bring a parable here? When this board rezoned for the North Naples Livingston, North-- Livingston Park, there's nO wall. There is a preserve next to Wilshire Lakes and North Naples Regional Park. And that's been there for how many years? MR. MUDD: About four years. CHAIRMAN HENNING: Right. And you have ball fields, you have soccer fields. You have a high-class water park there. So, you know, I don't want to try to confuse this thing. The church is asking -- wanted just a small piece of use on their property. The county required them to give a master plan. I'm not saying that's wrong or anything, but it just seems like, because of the requests by us, under the code and other things, it just seems to be more of an issue than it really needs to be, and there's nO objections Page 136 January 29, 2008 from the residents that live there now. Commissioner Coyle -- Halas? COMMISSIONER HALAS: Coyle's first. COMMISSIONER COYLE: Could I ask you to put up the plan view again that shows the future development and the road network and the property? There you go. Slide it down just a little bit so I can see more of the northern part of the property. That's good. Now, here's why it makes some sense to have some flexibility on this issue. You see that road running right up the middle of that property and then it exits on the north side right on the property line. There is no buffer between that road and the property to the north. CHAIRMAN HENNING: Where the school is? COMMISSIONER COYLE: Yeah, where the school is. And if you've got 4,200 cars going out, or even half that many, going out that area, you might want to have a wall or a more substantial buffer at that point. And I'm not suggesting you have it all the way around the property. But you know, there's a place where you might want to have the flexibility to put in a wall, and that's how the staff can make those kinds of decisions. Now, if the staff says, okay, we want you to put a six-foot wall all the way around this property, don't -- doesn't the petitioner have the right to ask for an appeal of that decision? MS. ISTENES: Yes. COMMISSIONER COYLE: So if they're unreasonable -- if the staff is unreasonable in this respect, they can come to us and appeal that decision, and we will try to be reasonable. All we're trying to do is to make sure -- I can see a need for a wall there, quite frankly, that particular spot, but I can't see the need for a wall around the whole property or even two sides of it. So I would suggest that we compromise on this and let -- the administrative procedure exists in our regulations now. Let the Page 13 7 January 29, 2008 process work, and then if the staff is overzealous in our opinion, we can reverse it, and that should make the petitioner happy, and we've met all the requirements. We don't have to plan the -- to change the Land Development Code. We're doing things the way we normally do them. COMMISSIONER COLETTA: Good by me. That explains it. CHAIRMAN HENNING: Hang on just a minute. COMMISSIONER HALAS: I just want to make sure that we don't get ourselves into another Stevie Tomato episode here, because I believe that was supposed to be a preserve, and there was no wall put there, and now we've got a huge problem after everything was built out. So I really believe that we need to keep that option open and that that should be done administratively -- CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: -- as it is in the past. CHAIRMAN HENNING: Are we done? I think we've -- COMMISSIONER FIALA: And I think that's what my motion said; is that correct? CHAIRMAN HENNING: Right, yeah. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: Let me just clarify something with Stevie Tomato's, since we brought it up. There is a recommendation for a wall and the board approved it. The board never approved Stevie Tomato's, all right? And I want to make that clear. This board never approved Stevie Tomato's Sports Bar at its location. COMMISSIONER FIALA: Right. CHAIRMAN HENNING: We approved a use for a restaurant. COMMISSIONER FIALA: Right. CHAIRMAN HENNING: That's it. COMMISSIONER HALAS: Well, I just want to make us sure-- CHAIRMAN HENNING: Yep. MS. ZONE: Chairman, sorry. Mr. Lorenz and the applicant's Page 138 January 29, 2008 agent came up with some language to put in the PUD under the environmental for the PUD monitoring report development, and I'd like to read it into the record because they both agreed. And it says that the preserve management plan shall include provisions for annual monitoring to determine the potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions, and that's what we put into -- have put into the PUD, and then legal department for review. CHAIRMAN HENNING: Is that part of your motion? COMMISSIONER FIALA: Yes. That's what -- now, who came to this agreement? Was Bill Lorenz on that? MS. ZONE: Bill Lorenz and Tim Hancock. COMMISSIONER FIALA: Okay. And the petitioner feels that that's good? MR. HANCOCK: Mr. Lorenz drafted it. I agree with the language. Two quick items, if! may, to clarify. With regard to police, a police officer after services; the church currently has a contract with the Florida Highway Patrol to perform those services and will continue to do so in the future. And I need this phrase to be very clear, subject to availability. There are times when you request a deputy to be there or an FHP officer to be there and none may be available. But they will continue under contract with the appropriate agencies to provide traffic control after the services. So we have no problem agreeing to that. To maybe address the wall issue with some finality. I hear the concern about down the road. We have no problem placing language in the PUD that at some point should a Site Development Plan be presented in excess of a 3,000-seat sanctuary, that we will be required to request a deviation at that time. Page 139 January 29, 2008 I think everybody agrees, for the level of development we're talking about right now, a wall seems somewhat unnecessary. But the concern is, what about down the road? So whether that number's 2,500-seat sanctuary or 3,000, we would be pleased to request a deviation at that time allowing for the staff analysis staff is seeking when we get closer to something that may warrant it. And we would agree with that kind of a stipulation. Our concern right now is that we actually -- if staff were to require us to put a wall up and we disagreed, we have to go through a subsequent appeal process, and it just seems unnecessary for what we're proposing in the short term. CHAIRMAN HENNING: Is those stips. part of your motion, those first two? COMMISSIONER FIALA: I first want to get a nod from Susan Istenes to see if that wording fits in. As far as I'm concerned, you're absolutely right, Mr. Hancock. Right now there is no need for a wall. What we're trying to do is ensure -- because we're not going to ever see this again, we want to ensure the neighborhood is all protected in the future. Susan? MS. ISTENES: I honestly didn't understand what he was proposing, so maybe he could repeat it. MR. HANCOCK: Attempt to craft this as best I can on the fly. At such time that the property owner submits a Site Development Plan in excess of 3,000 seats for the sanctuary, that we'll be required to request a deviation from the staff from the requirements for a wall on the perimeter on the north and east side of the project. COMMISSIONER FIALA: I don't know if I want to put the 3,000 in, because if they build 2,999, all ofa sudden that goes away. You know, I'm hoping that they grow big and wonderful because it's a great church, and -- MR. HANCOCK: How about a new sanctuary. Page 140 January 29,2008 COMMISSIONER FIALA: -- great things, but -- yeah, a larger sanctuary. How about that? MR. HANCOCK: I'm willing to deal here. How about just a new sanctuary, and we would be more than happy to do that and would appreciate the consideration. COMMISSIONER FIALA: Will that accomplish what my motion has said, Susan? MS. ISTENES: You're talking about expanding what you have now in any shape or form, Tim? CHAIRMAN HENNING: That was just a sanctuary. That's -- MS. ISTENES: Tim? CHAIRMAN HENNING: That's where they have service. MS. ISTENES: You said you were expanding your sanctuary in any form; is that what you -- to any amount? MR. HANCOCK: I'm talking about building a new sanctuary. I mean, to add 200 seats to the sanctuary and have to go through a wall deviation doesn't make sense. COMMISSIONER FIALA: Well, if they -- MR. HANCOCK: The only appreciable increase and use of this property will come with a new sanctuary, which is appreciably larger, and I -- that was the concern I thought I was hearing. And so, with the construction of a new sanctuary, we would go through the administrative deviation process in conjunction with the SDP to address the need for a wall. That's what I'm requesting you to consider this as a way of addressing this at a buildout condition instead of here today. MS. STUDENT-STIRLING: Excuse me. For the record, Marjorie Student-Stirling. CHAIRMAN HENNING: You know, we're going to take a break. I'm sorry, Marjorie. It's just getting too convoluted here, and if we take 10 minutes, maybe we can get it all finalized and get it done with. Is that okay? Page 141 January 29, 2008 COMMISSIONER COYLE: Okay with me. CHAIRMAN HENNING: Okay. Ten minutes. Thank you. COMMISSIONER COYLE: My light's on when you come back. (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 HENNING: Thank you. We come to an agreement? MS. ZONE: Yes, we did, Commissioner. CHAIRMAN HENNING: Thank you. MS. ZONE: Currently the New Hope Ministries church has 800 seats, and the reverend and their agents have agreed that if they enlarge the sanctuary by an additional 1,000 seats more -- so the trigger point will be 1,800 seats or more -- that if at that time they still wish to have the fence waived, then they would come in through the Site Development Plan process. So currently, as it is, if they enlarge the sanctuary to 1,500, the wall is not required. It would be 1,800 or more, and at that time then they would have to come in to get the fence waivered (sic), and both sides have agreed to that number. And that is a number that can be tracked and determined and easy to follow. COMMISSIONER FIALA: Okay. As long as my -- they've all reached compromise, my motion stands. COMMISSIONER HALAS: My second's still there. CHAIRMAN HENNING: Okay. And that's two stipulations, the one was preserves and the trigger point for the fencing. COMMISSIONER HALAS: That's correct. COMMISSIONER FIALA: Three actually, because then there's actually the FHP or whomever is going to direct traffic. MS. ZONE: Right. COMMISSIONER HALAS: The sheriff. Page 142 January 29, 2008 CHAIRMAN HENNING: Right. MS. ZONE: And Chairman, what we will do is modify the deviation request and put it so that it is -- it shows that it is up to 1,800, and then from that point, and we will have the legal department review that for accuracy. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to make one observation. It is not just the expansion of the sanctuary that can or will result in increased activity. There are going to be swimming pools, tennis courts, volleyball courts, athletic fields, tot lots, picnic area and recreational building for special events. I do not believe that our original proposal to solve this is unreasonable. And just so that the petitioner understands, I will not support this motion, and you need four votes in order to approve it. So you do so, I guess, at your peril. Perhaps -- ifthere's anybody else who disagrees with this here. It is not an imposition for you to ask for an administrative determination and it is not an imposition for you to ask for a review by this board if you feel that the staff is overzealous in demanding a fence. It -- there are good reasons for having a fence on one small portion of this property at the northwest corner, and I find it unacceptable that the church would not recognize that in view of all the other activities that are being considered for this spot. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Commissioner Coyle, you bring up some good points. And maybe if the motion maker could maybe ask the petitioner if he would agree with what was brought up by Mr. Coyle, Commissioner Coyle, maybe we can get some resolution on this, because he brought up some very good points, and I have some reservations now in regards to where I stand with my second. CHAIRMAN HENNING: Okay. Mr. Hancock, so the question is, is the -- is your -- is this petition (sic) willing to put a fence on the Page 143 January 29,2008 northwest corner abutting the school? MR. HANCOCK: For the portion of the roadway that is adjacent to the school; is that the area -- COMMISSIONER COYLE: I'm not even asking that you commit to doing that. All I'm saying to you is that we're not going to waive our right to ask you to do that sometime in the future if it appears necessary. I'm not asking that you do it now. I'm not asking you make a commitment now. I'm merely saying, let's abide by the current rules. We're not going to hurt you here. And we should retain our right to ask you to do that in the northwest corner or any other portion where we think it's necessary, but we're not -- I don't think any of us are going to be onerous with respect to demanding a fence. MR. HANCOCK: What the petitioner, if the motion maker will accept, is willing to do is, in addition to the stipulation of the trigger point being 1,000 additional seats, that we have to do a wall or request the administrative waiver through the process, we will, in this next phase of development, construct that portion of the wall adjacent to the roadway that is next to the school, period. COMMISSIONER COYLE: I really didn't understand that, but COMMISSIONER FIALA: Let me -- excuse me. As the motion maker, Commissioner Coyle, what would it take, what wording would you want to have in this? Because I see some nods here. And what would it take to get your vote regarding this wall? COMMISSIONER COYLE: Your motion on everything else except the waiver on the fence, and that would be -- COMMISSIONER FIALA: What words -- what words would you use, would you suggest I use? COMMISSIONER COYLE: I would suggest that we not say anything about the fence and not approve the waiver of the fence, and that merely preserves our right to work with the developer in the Page 144 January 29, 2008 future to get whatever portion of the fence we think is appropriate there. Your motion would essentially waive our right to insist on a fence unless they built a new sanctuary or expanded the sanctuary beyond a certain size. The sanctuary might not be expanded for years, but people can be using the ball parks and the swimming pools and things, and a lot of traffic going here and there, okay, and lights and things like that. So it's hard for us to anticipate what's going to be required when we don't have a completed plan before us, and it's unfair to demand for them a completed plan at this point in time. So I'm merely saying, let's keep our options open. I think you understand that there are no members of this board who are going to try to give you trouble about this development. All we're saying is, we want to have the right to talk with you about a wall somewhere maybe some day if it's needed. MR. HANCOCK: Do I understand correctly, sir, if it's the consensus of the board, that you'd like the deviation language removed but you also are of the opinion, based on the site plan you've seen, that a wall may not be necessary at this time? Is that a fair assessment of this board's position? COMMISSIONER COYLE: I think that's a fair assessment of my position. But if you go into future development -- you don't build the sanctuary. You go into future development, you build a lot more activities, you've got more traffic, then maybe we might think a small portion of a wall is appropriate in the northwestern corner. MR. HANCOCK: I'm -- as the petitioner, we are comfortable with that particular set of guidance. We get the point. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Okay. So I need to work that into my motion. MS. ZONE: You would need to remove the one stipulation and Page 145 January 29, 2008 then add that one in. And I want to thank you, Commissioner Fiala, for asking for staffs opinion on this. Thank you. COMMISSIONER FIALA: Thanks. You are so vital to this. Okay, fine. So I remove the stipulation that I had regarding the fence or wall and ask that we do not have any deviation from our Land Development Code words at this time. CHAIRMAN HENNING: For the fence or wall. COMMISSIONER FIALA: For the fence or wall, thank you. COMMISSIONER COYLE: And I will support that motion. COMMISSIONER HALAS: That's in my -- that's in the second. CHAIRMAN HENNING: That's part of the second. County Attorney okay with that? MR. KLATZKOW: And the sheriff -- requirement for sheriff is still there? COMMISSIONER FIALA: That's still there, right. MR. KLATZKOW: And preserve requirements are still there? COMMISSIONER FIALA: Everything remains except that one MR. KLATZKOW: Planning Commission recommendations are still there. Okay. So the only thing we're doing or changing is that the request for the deviation is denied? COMMISSIONER FIALA: That's correct. Thank you. MR. WEIGEL: And one last thing in regard to the sheriff, the petitioner had mentioned subject to -- and it was highway department or sheriff deputy, subject to availability, which, I think their understanding, and they can concur on the record, is that they recognize the responsibility to get them if at all possible. COMMISSIONER FIALA: Right, right. They want them there anyway. MR. WEIGEL: Right. COMMISSIONER FIALA: Okay. Very good. CHAIRMAN HENNING: Okay. And I'm going to vote for it Page 146 January 29, 2008 naturally, but we need to be consistent. I hope that we are when government comes forward. The example is North Naples Park and the citizens wanted a wall. We need to be consistent. So if government comes forward with a different use against or adjacent to residential, I'm going to remind the board of this section. Okay? All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10B RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE APPLICATION BY INOVO, INCORPORATED FOR THE JOB CREATION INVESTMENT PROGRAM AND THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND PROVIDE DIRECTION ON THE REQUEST BY THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY RELATED TO THE PAYMENT OF AN ADDITIONAL $1,000 PER JOB FOR 49 EXISTING JOBS TO BE RETAINED IN COLLIER COUNTY AND THE DEVELOPMENT OF A JOB RETENTION PROGRAM ORDINANCE FOR FUTURE CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS. - APPROVED MR. MUDD: Commissioner, that brings us to our time certain item at 2:30. This item to be heard at 2:30. It's a recommendation that Page 147 January 29,2008 the Board of County Commissioners approve the application by Inovo, Incorporated, the Job Creation Investment Program in the Advanced Broadband Infrastructure Investment Program and provide direction on the request by the Economic Development Council of Collier County related to the payment of an additional $1,000 per job for 49 existing jobs to be retained in Collier County, and the development of a Job Retention Program ordinance for future consideration by the Board of County Commissioners. Amy Patterson, Impact Fee/EDC Manager, Business Management and Budget Department, Community Development's Environmental Services, will present. And I would have never got that job title squared away. CHAIRMAN HENNING: And at this time I'll entertain a motion. COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Coletta. Any discussion? Commissioner Halas? COMMISSIONER HALAS: I have some concerns -- this is -- lOB, are we on? MR. MUDD: Yes, sir. COMMISSIONER HALAS: Okay. I have some concerns that we should make some kind of stipulation that these jobs are going to stay within Collier County for at least another six years, five to six years if we're going to give them $49,000 for the employees that are presently employed there. CHAIRMAN HENNING: And that's a -- something that we're going to have to require from all. We have to make policy. Commissioner Coletta, you have something? COMMISSIONER COLETTA: I was going to say, right now it's only required -- it's a three-year period, correct?; Page 148 January 29, 2008 MS. PATTERSON: That's for the -- I'm sorry. Amy Patterson, for the record. The current program for job creation is the three years. We payout over three years after the creation of the jobs. But for the Job Retention Program that we're discussing here, the processed ordinance that we'll be bringing forward, there's no criteria set. That would be up to the board to decide how they want the -- how long they want those jobs to remain in place, what's an acceptable time frame. COMMISSIONER COLETTA: If! may, I believe that the state, who also contributes towards this particular program that we're working with now, their time frame is four years. Possibly we could come up with a compromise and it wouldn't do any undue harm to the applicant who's trying to amortize this over a period of time that's reasonable. I mean, we've got -- he's got millions of dollars invested, and this is only a small payback to try to give them the incentive to be here. That might -- that might be an option to go with to be considered. I think six years is unrealistic for the amount of money that's involved. CHAIRMAN HENNING: Okay. Do you mind if we ask the -- COMMISSIONER HALAS: How about five years? CHAIRMAN HENNING: -- TDC or EDC Director, Executive Director, for their input? MS. NEMECEK: Yes, that is -- this is Tammie Nemecek, Economic Development Council of Collier County. It is four years for the state QTI program. And in discussing this program, we can bring it back to the company and see if that is something that they would accept. At this point in time, these are incentives that are put out there to the company to help them make the decision to stay here in Collier County if -- we do run the risk, though, of four years, five years is unacceptable that they may not choose to use the incentive program. But we can take that into consideration as we craft the ordinance. Page 149 January 29, 2008 CHAIRMAN HENNING: Okay. MS. NEMECEK: The current program is three years for the local incentive -- COMMISSIONER COLETTA: I understand. I withdraw my suggestion. CHAIRMAN HENNING: And it's up to the motion maker to accept the -- COMMISSIONER COYLE: Yeah. You know, this is a thousand dollars for -- how many employees? MR. MUDD: Forty-nine. COMMISSIONER COYLE: Forty-nine. You know, if we -- if we paid that out over three years like we do with the new job creation, it would make it consistent. Forty-nine thousand dollars is not a lot of money to attract a company like Inovo, and I would be willing, just to make it consistent with our new job creation, to do it over three years. MS. NEMECEK: That was the recommendation that we want to bring forward to you is to make the programs consistent. I know that we -- from a management standpoint, that makes sense. From the company standpoint, that makes sense, so -- CHAIRMAN HENNING: Okay. And that's part of your second? Did you second it? COMMISSIONER COLETTA: Yeah, I did. And -- I did, right? Yeah. That's part of my second. The three years is what was originally in there. We're not changing anything -- CHAIRMAN HENNING: Right. COMMISSIONER COLETTA: -- from what I see. CHAIRMAN HENNING: Any further discussion? Commissioner Halas? COMMISSIONER HALAS: Yes. The only reason I brought this forth is because this is something, a new area that we're exploring, okay? And it's nothing against Ivo (sic) or anything of this nature. It's the idea that there's going to be a lot of other companies that may Page 150 January 29, 2008 come to us and say, hey, we're going to leave so we want some additional money. So what I'm trying to get -- make sure is that we protect our investment and that we make sure that they make a commitment that they are going to stay here in Collier County. That's the whole idea of this program. CHAIRMAN HENNING: Good point. Any further discussions? (No response.) CHAIRMAN HENNING: All in favor ofthe motion, signify by saying -- pardon me. COMMISSIONER HALAS: When are we going to -- excuse me. On the motion, is this on three years or five years? We were talking -- COMMISSIONER COLETTA: Three years. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Commissioners, if we can deviate just a little bit. MS. NEMECEK: Thank you. CHAIRMAN HENNING: We have one that I think Commissioner Coyle had some questions on off the consent. COMMISSIONER COLETTA: Oh, if I may. One of the people that wanted to participate in that asked me when it was going to be coming up, and I advised her that it would probably be a little while, so she went down to get some lunch. That was Karen Accord, sits on Page 151 January 29, 2008 the -- CHAIRMAN HENNING: Okay. So you want to go -- COMMISSIONER COLETTA: -- advisory group. CHAIRMAN HENNING: -- stay on our agenda. We have Conservation Collier in four minutes, so -- COMMISSIONER COYLE: Yeah, we can do that in four minutes, huh. CHAIRMAN HENNING: Yeah, we'll do that in four minutes and then we'll be done. MS. FILSON: We have nine speakers for that item. COMMISSIONER COLETTA: It's your call, Mr. Chairman. CHAIRMAN HENNING: Let's go to Conservation Collier. If somebody signed up to speak who's not here, we need to - Item #10F THE APPROVAL OF THE FIFTH CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTION FOR THE COUNTY MANAGER OR HIS DESIGNEE TO ACTIVEL Y PURSUE PROJECTS RECOMMENDED WITHIN THE A- CATEGORY - MOTION TO MOVE PEPPER PROPERTY TO A- LIST - APPROVED; MOTION TO ACCEPT COMMITTEE'S RECOMMENDATIONS W/CHANGES: DEVISSE MOVED TO C LIST, I-75 PROPERTY MOVED TO B LIST, DYCHES PROPERTY MOVED TO C LIST AND CAMP KEAIS MOVED TO A LIST - APPROVED MR. MUDD: That's 10F, and that item's to be heard at three p.m. It's a recommendation for the approval of the fifth Conservation Collier Active Acquisition List and direction for the county manager or his designee to actively pursue projects recommended within the A category . Page 152 January 29,2008 Ms. Alex Sulecki, Senior Environmental Specialist for Collier County, will present. MS. SULECKI: Thank you, sir. Good afternoon, Mr. Chairman, Commissioners. Alex Sulecki, your Conservation Collier Coordinator. I'd like to introduce another Conservation Collier staff member, Annisa Karim, who will be helping me today at the podium. And today I'm pleased to be here to bring you the acquisition recommendations of the Conservation Collier Land Acquisition Advisory Committee for the fifth acquisition cycle. Chairman and members of the advisory committee are here, at least the vice chairman is. Is the chairman? Okay. We have the vice-chairman and other members of the advisory committee. They may want to address you. And also present are several property owners. To date Conservation Collier has purchased 1,123 acres, 95 parcels, in 15 different locations in Collier County. The list before you today considers another almost 3,000 acres. The photos up here that you see are of some of our A list properties. Up on the top left we have Pepper Ranch, North Golden Gate Estates unit 53 on the right, I-75 properties in the center, the Hamilton property found on the right, on the bottom is Winchester Head. We've also provided you with a map that shows you the location of the properties that we're looking at and these are in red. It also shows you the properties that we own and some of the recommended ones that were on the -- MR. MUDD: They're in green, Alex, green. Pepper Ranch is up at the top by Lake Trafford, and then the green ones are the ones that we're recommending. MS. SULECKI: You're right. The red ones are the recommendations from last cycle, is that it? Green is A list. Orange is B list. Page 153 January 29,2008 CHAIRMAN HENNING: I'm getting color-blind. MS. SULECKI: C is red list. Okay. Well, this gives you just a spatial representation of where all these properties are. Sorry, I can't see very well up here. So our goal today is to obtain an approved list so that we can move forward in our process, get appraisals, any environmental surveys needed for the A category proposals, and so -- do our due diligence so that when we finally bring you an actual acquisition package, that we have all the financial and other details clearly spelled out. And briefly before I respond to your questions, I'd like to offer just a few updates and corrections on several of the properties. And the first one is the Pepper Ranch. And I neglected to put on the summary sheet for you that we do have an acquisition partner, and that's the CREW Trust, and they have voted to contribute $350,000 to our acquisition should we go ahead with it. And we have the manager of the CREW Trust here, Brenda. She's with us today. And the other thing I'd like to just point out to you is that the Florida Forever group, Florida Forever Program in Tallahassee, just trying to prioritize the remaining parcels in their A list to see where to spend the remaining limited dollars, and they picked 21 projects, and one of them is this CREW project here that goes through Collier County . And so we have two properties in that boundary. We have the Pepper Ranch, and also the Camp Keais Strand parcels are within there. And so there's a little bit of potential for DEP partnership through the Florida Forever Program. And so the next one, unit 53, the update here has to do with the values. We had some more recent value estimates, and we looked at these as very similar to the Winchester Head. They had been estimated a little higher back earlier last year, but we brought them in line, those estimates in line, with Winchester Head, so that's the Page 154 January 29,2008 change there, and we're saying that they should be valued between 19- and 23,000 an acre, which is what we're currently paying in Winchester Head. And also, just to make sure you're aware, that our recommendation is to re-open the project, the whole project, not just for the parcels that are on your list today. The next one is the Devisse property. And this is a correction to the summary sheet, and it has to do with management dollars. It was pointed out to me that the cost of the boardwalk couldn't be $29,000. And so I revised that. And I guess I had done that on some very low estimates per foot. But revised that upwards, and it's actually going to be roughly $240,000, which is quite a bit more for a 400-foot boardwalk. I wanted you to know that. Hamilton property. This property was on our A list last year and we made an offer and the owner turned us down and then decided to come back and offer it again, and so we're -- we want to keep it on the A list so we can move forward with our new appraisals. And the new information is that -- I had noted in here that the Big Cypress Basin was willing to contribute some funding, and I had had some recent conversations with Clarence Tears, and he tells me that while there is still interest and there is a partnership opportunity here, it depends on the taxing situation and also it's subject to approval by the Big Cypress Basin board. And then also I wanted to just make you aware there is a code enforcement case on the Hamilton property. This is from 2004 and it has to do with a sign, and there is a lien on the property at -- currently, and as of yesterday, the value was $53,933. And looked -- talked to the County Attorney's Office, and there is a process to abate this violation and then avoid the out-of-pocket expenses by Collier County, and that would be detailed in any agreement should we go forward so that we wouldn't be out that money. Okay. The next one is the Fleischmann parcel, and this has been Page 155 January 29, 2008 on our list since the very beginning. It was the Freedom Park and it's the eastern 12.5 acres. Took us a while to coordinate because they had projects and permits going and we didn't want to interfere with them so we waited until we were able to step in and get a survey. We found it was 12 and a half acres. And we had originally estimated that it was going to be 225,000, but our appraisal shows a value of 56,300. So I wanted to let you know that. And we are moving forward to that internal transfer. The next one is the I - 7 5 properties. And on your list, these on the A category, and they start with ALM, Argay, Ayra's, and there's a number of them. There's 13 proposals, 83 acres. And these are at the south end of Golden Gate Estates between Golden -- or Everglades and DeSoto Boulevard. And new information came to us late in the game here regarding transportation's interchange and their project design, engineering study, which includes Everglades, DeSoto, and farther east. And I had some discussion with Nick Casalanguida, your Long-range Planning Director, and also the Conservation Collier Advisory Committee was given this info only at its January meeting, and it had already been selected. So Nick may want to address that, and also, perhaps, our vice-chairman, if the chairman isn't here, may want to address that as well. Oh, Chairman's here, okay. Very good. And that's all the updates or corrections that I had for you. CHAIRMAN HENNING: Okay. MS. SULECKI: Open for your questions. CHAIRMAN HENNING: So we have nine speakers. Would you like to go to the speakers? MS. FILSON: We have 10 now, and I'm thinking more. CHAIRMAN HENNING: Okay. You know, when we start an item, you need to sign in. Commissioner. COMMISSIONER COYLE: Could I ask you a question? Could Page 156 January 29, 2008 we find out how many people are speaking for or against the acquisition of Pepper Ranch? CHAIRMAN HENNING: How many -- how many here want to speak particularly on the Pepper Ranch site? Okay. COMMISSIONER COYLE: Mr. Chairman, I am prepared to make a motion to approve the purchase of the Pepper Ranch -- COMMISSIONER HALAS: I'll second that. COMMISSIONER COYLE: -- if the speakers would like to save us all a lot of time and waive. But there is someone who wants to speak in opposition, okay. So we've got one who wants to speak in opposition. CHAIRMAN HENNING: Are you making a motion? You want to hold off and wait to hear the speakers? COMMISSIONER COYLE: I don't want to hear all the speakers. I want to hear Nancy Payton because I'm in favor of it, and so if she can talk me out of it, then the other people can speak. CHAIRMAN HENNING: Here's the process, that we want guidance from the public, and I don't want to discourage anybody from speaking. But I don't want to discourage the Board of County Commissioners to make a motion on any particular item in advance or after hearing from the public to get public guidance. So whatever you want to do is fine with me, and then Commissioner Fiala wants to say something. COMMISSIONER FIALA: Just a quick -- I, too, want to buy it, but I think we're only asking them to go out and get an appraisal on it right now. We don't even know how much it costs. So maybe the motion maker wants to suggest that. COMMISSIONER COYLE: Well, yeah. I wasn't -- I'm only going to -- I'm -- right now I'm intending to vote for the staffs recommendation, okay. And once they have gotten everything in order, then we'll be happy to come back for a final approval. But if there's someone opposed to that position, I'd be happy to hear from Page 157 January 29,2008 them, but why waste all the time of the other people who are in favor of it -- CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: -- ifthere's a majority support for it here. CHAIRMAN HENNING: Okay. Let's just deal with the Pepper Ranch issue. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: We know that is -- a lot of interest on that. So, you know, I know it doesn't say it on the speaker slips, and after the public speaks on the Pepper Ranch, we're going to -- I'm going to take a motion and a second and we're going to vote on it, and we'll go through the other properties. Okay. MS. FILSON: Ready? CHAIRMAN HENNING: Yes. MS. FILSON: Mr. Chairman, I have 1O speakers, James Dyches. He will be followed by Ed Carlson. James Dyches? He registered yesterday, so he -- MR. DYCHES: Not on Pepper Ranch. CHAIRMAN HENNING: Not on Pepper Ranch, okay. The next speaker is Ed Carlson? MS. FILSON: Ed Carlson. CHAIRMAN HENNING: And then followed by? MS. FILSON: He'll be followed by Mimi Wolok. CHAIRMAN HENNING: Ms. Wolok, so you want to speak on Pepper Ranch? MS. WOLOK: Very briefly. MR. CARLSON: Yeah, I'll be very -- can I start? CHAIRMAN HENNING: Please. Good to see you again. MR. CARLSON: I'm Ed Carlson. I work for Audubon of Florida. I'm director of Cork Screw Swamp Sanctuary. I'm completely, totally, 100,000 percent in favor of this. Page 158 January 29, 2008 I was calling Frank Pepper 20 years ago to try to make this happen through the CREW project. And it was hard to put together. There's multiple owners. It's hard to get everybody willing sellers. You've got all willing sellers. Everybody with the property is a willing seller. You've got a willing seller land acquisition program. Very rare to get this together on a piece of property like this. I've been working on this for a long, long time. Put it on the A list. Thank you. MS. FILSON: Mimi Wolok. She'll be followed by Nancy Payton. MS. WOLOK: I'll just repeat Ed's comments, ditto. And I would support, as a member of the Conservation Collier Committee, this acquisition, I believe that it's exactly what the voters voted for. Thank you. MS. FILSON: Nancy Payton. She'll be followed by Brad Cornell. CHAIRMAN HENNING: Mr. Cornell, you want to speak on Pepper Ranch? MR. CORNELL: Please. MS. PAYTON: Nancy Payton, Florida Wildlife Federation. There's a fine point here. I'm supportive of putting it on the A list, but at this point Florida Wildlife is not supported -- supporting acquisition because we have four major questions, and I think everybody ought to be asking these questions before we say, let's spend umpteen million dollars to buy it, and those four questions are: Why would the county or another entity buy the 985 sending area acres of Pepper Ranch in fee simple and assume management responsibility when the landowners currently have that responsibility under their Stewardship Sending Area easement, and they are down to ago two, which is the least extensive -- intensive use. The next one down is conservation. And they did that designation voluntarily, so why should we spend for something that's being done by the private sector? Page 159 January 29, 2008 Two, what are the county and the potential partners' intentions -- and I include with the county, solid waste, transportation, whatever -- for the receiving areas? Is that for mitigation? Is it for restoration? Is it for mining? Is it for active recreation like ball parks or A TV parks or something similar? Is it for camping, RV camping, primitive camping? What are the intentions for the receiving areas? Is it going to be housing or some combination thereof? I think we have to know the fate of those receiving areas when we're thinking about buying the entire ranch. Number three, what does the acquisition mean to Conservation Collier's budget and existing obligation as well as future acquisitions and management? We're already being told we don't have the management money necessary to maintain what we'd like to acquire or what we have now. What are the partners bringing to the table in terms of acquisition money and long-term management money? I'd like to know more about that. And lastly, what does the acquisition do to the integrity of our rural land stewardship program, which is a voluntary program to get these lands that have been identified as needing special protection? What does that do to the integrity of the program? And what are the fate of those stewardship credits that have been removed from there? Is it our obligation now to buy them because the landowner can't sell them at this time? I do resent the implication that if we don't buy it, it's going to be developed. If it could be developed, it would be done now because they have enough credits to do some towns. He also has -- the owners have access to the half circle L credits, so I don't think that's a valid -- and I find it an offensive rationale to put forward for us to buy it is because they're going to mine it or they're going to develop it. Well, they can do that on the receiving area, and that was part of the rural land stewardship program is to direct that type of activity. Page 160 January 29,2008 So those are my thoughts. Again, I support it on the A list, but I say, let's slow down and get answers to these and a lot of other questions before we put the money down to buy it. CHAIRMAN HENNING: May I ask you a question, please? MS. PAYTON: Certainly. CHAIRMAN HENNING: You started talking about receiving, your second question, receiving. Can you expound upon that? I'm not sure what you're -- is this on the land? MS. PAYTON: Yes. The ranch has two different basic designations in it. It has sending lands under the rural lands stewardship. It also has receiving lands. There are about 200 acres, I understand, that are in the Immokalee urban area. The 985 acres of the 2,500 are currently protected, I feel, and I think that's true, under our -- CHAIRMAN HENNING: Right. MS. PAYTON: -- rural land stewardship program. So the question is, why would we be spending Conservation dollars to buy those lands? I do have concerns about the receiving area and are we buying those for conservation purposes or some other purposes? And I haven't gotten an answer to that yet, and I don't think the public has, and I imagine you haven't either. CHAIRMAN HENNING: Great. MS. PAYTON: Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Brad Cornell. He'll be followed by Jennifer Heckeri (sic). MS. HECKER: Hecker. CHAIRMAN HENNING: Yeah. I know she wants to speak on this item. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell. I'm here on behalf of the Collier County Audubon Society and Audubon of Florida. Page 161 January 29, 2008 We very strongly support the acquisition of this ranch and putting it on the A list, and in that support, Audubon would like to point out two important details, which is why I wanted to come up and speak. The first is that the entire ranch is a package deal which includes the 985 acres of lands with stewardship easements over them, but no public access. We want to point out that any appraisal, of course, should reflect the fact that the development rights have been removed from those 985 acres, so that's something to watch when that -- those appraisals come back. The second point is that public conservation land acquisition is clearly sanctioned in the Collier County Comprehensive Plan in the rural land stewardship policies as an important complementary tool for preserving and restoring rural, natural and agricultural resources in the RLSA landscape. In other words, buying the Pepper Ranch is completely complementary to also having protected the 985 acres to the stewardship process. The two can work together, and that goes back to the point that it's a package deal and we do support it. Thank you very much. MS. FILSON: Jennifer Hecker. She'll be followed by Tom Bogan. MS. HECKER: Hello. Thank you for the opportunity to comment. This is Jennifer Hecker. I'm with the Conservancy of Southwest Florida. And I just want to express our wholehearted support for the acquisition of Pepper Ranch. I know that some questions have been raised. These are all questions that we've carefully considered, but we believe that this is a historic opportunity, that all those issues can be addressed further down the line in the process. There'll be other decision-making points to do that, and all of them are worth working through because this is such an exceptional piece of property with such high, outstanding national resource value. I know many of you Page 162 January 29, 2008 have been out on the site. I wanted to express that we've been working very closely with other entities to bring partnership deals for management to the table. We've been working with Division of State Lands. And as Alex mentioned, they are really seriously interested in partnering with you and bringing some real dollars to contribute towards the acquisition because they, like you, realize how important this piece of property is for public conservation. The U.S. Fish and Wildlife Service also has some grants available for management that they are interested in pursuing with you, and the Water Management District, we have had ongoing conversations with them. They have a land team actually who has to traverse this property in order to manage the CREW properties, that is interested in partnering with you as well. So there are many opportunities here. I think it just speaks to the outstanding nature ofthis property. It does offer all sorts of wilderness recreational opportunities for an area that's rapidly urbanizing, and to speak to the rural land stewardship program, as Brad said, it is correct that in policy 1.18, it actually speaks directly to federal, state, or local programs working with that program to publicly preserve these types of lands that have been identified, so it is absolutely complementary for Conservation Collier to pursue this acquisition. I just want to take a moment, in the interest of time, which I all -- to ask everyone who's here in support of Pepper Ranch to rise and stand so that you can see what an overwhelming support there is for the community for this. Thank you. MS. FILSON: Next speaker is Tom Bogan. MR. BOGAN: I'm talking in reference to the next property. MS. FILSON: Okay. He'll be followed by Bill Perdichizzi. MR. PERDICHIZZI: Next property. MS. FILSON: Betsy Perdichizzi? Page 163 January 29,2008 MS. PERDICHIZZI: Not Pepper Ranch. MS. FILSON: Ellin Goetz? She'll be followed by William Poteet. MS. GOETZ: Hello. Thank you very much. I'm Ellin Goetz. I'm here speaking as a private citizen, but as you know, I was involved with the Conservation Collier, campaigns one and two, and I sat on the committee for about three years. So I just want to say that I deeply respect the opinions of Nancy Payton, Brad Cornell, and Jennifer Hecker, and I just feel like this is an historic opportunity for Conservation Collier. And in the years that I did sit on the committee, I always dreamed that a parcel like this would get nominated for the process, and it never did. But today we have the opportunity to at least take this parcel through the process of Conservation Collier, which is a very fair process. I think that's been certainly proven. So I just encourage you all to consider that. I think it has enormous public access to recreational opportunities as well, which is probably more than most parcels that have been acquired by this program. So thank you very much. MS. FILSON: Your final speaker is William Poteet. MR. POTEET: Good afternoon. My name is William H. Poteet, Jr., for the record, and I'm here on behalf of Conservation Collier as their chairman, and I'm here basically just to answer any questions you may have of the committee itself and why we made the decision to recommend any of the properties there. We're all in favor -- we were all in favor, but one, for Pepper Ranch, and the one individual that did not vote in favor, it was Mr. Pires, and he stated he's actually for the property but there was a number of questions that Ms. Payton brought up that we had the same questions. But we felt we really couldn't resolve these questions unless we moved it to the next level, and then during your process of Page 164 January 29, 2008 deliberation and research over the next few months, we'll be able to get those questions answered, and that's the reason we did what we did. CHAIRMAN HENNING: Okay. You'll stand by in case we do have questions on other ones; thank you. MS. FILSON: I had some of these speakers -- CHAIRMAN HENNING: Late file? Okay. MS. FILSON: -- mixed up with J, so I have another stack here. Brenda Brooks? She'll be followed by Michael Seef. MS. BROOKS: Hi, for the record, I'm Brenda Brooks, Executive Director of CREW Land and Water Trust. CREW is the Corkscrew Regional Ecosystem Watershed spanning both Lee and Collier Counties. CREW Trust is a non-profit organization formed in 1989 with the mission of preserving and protecting this 60,000 acre watershed. On behalf of the CREW board of trustees, I am thrilled to tell you that we express our unconditional support for the acquisition of the Pepper Ranch. This 2,500-acre parcel is contiguous to CREW and lies within the CREW project boundaries as defined by the South Florida Water Management District. There's a whole bunch of other stuff in here. I'm going to jump right to the bottom. The CREW Trust has recently partnered with Conservation Collier in the acquisition of the Starnes property, another important component to the CREW project, by contributing $300,000. The CREW Trust has unanimously elected to use the remaining funds within the trust -- we think that this is so important -- that we will contribute $350,000 towards, what we feel, this is a once-in-a-lifetime opportunity. Thank you. MS. FILSON: Michael Seef. He'll be followed by Mary Schell. MS. SCHELL: Pass. MS. FILSON: Pass? Page 165 January 29, 2008 CHAIRMAN HENNING: Pass. MS. FILSON: Is she going to speak on the other issue? MS. SCHELL: No. MS. FILSON: Okay. Then she'll be followed by Susan Calkins. MR. SEEF: Good afternoon. Michael Seef. I live in North Naples for the last 10 years and have watched the extreme development and sometimes overdevelopment going on in this county. And I think that an opportunity like Pepper Ranch will be some form of mitigation of all of that. And I think currently the Collier -- Conservation Collier is about .5 percent of the land of private lands of Collier County. With a ranch, you bring it up to 1 percent, which makes it a significant amount. So I think it could be a keystone. I favor it for wildlife as well as human use and access, and I hope you vote in favor of it. I want to say just one thing regarding the landowners, that they in some ways have not been treated so well as they could be on this, and there is a certain worry that they might walk away from it. I know Nancy and others mentioned some alternate uses possibly, but we don't want to lose this, I guess, is my point. And so in the approval, or following the approval, if we can get them with and without the 900 acres of sending lands and so on, that would be very -- that would be very helpful, again, in the interest of property rights. But as a private citizen I -- and my friends and I who came to Collier to have this kind of a thing to go to and take advantage of, would be just the most wonderful thing. Thank you. MS. FILSON: Susan Calkins. She'll be followed by Will Kriz. MS. CALKINS: I'll just be very brief. I wrote each of you, and not exactly the same thing, either. So this is a piece of property that I encountered seven years ago. Just fell in love with it not necessarily knowing at that time its Page 166 January 29,2008 tremendous environmental significance. I've been through master naturalist programs. I'm someone who's gone to a number of conferences on this issue. I see how important it IS. And I did speak before the acquisition committee, and I did observe the vote and I observed them all saying it's an A-I-plus acquisition. So I'm here to request that. And also maybe in this process of appraisals for the property, that we appraise it both with and without the credits that are there to give us the most flexibility in purchase time, assuming we do. Thank you. MS. FILSON: The next speaker is Will Kriz. He'll be followed by Tom Taylor. MR. KRIZ: Good afternoon, Commissioners. I'm Will Kriz. I'm the Vice-chair of the Conservation Collier Land Acquisition Advisory Committee. I just wanted to mention, you know, there are numerous questions that the committee had, and one of those is, is the effect of the easement in favor of the county where the development rights have been stripped off, and it's -- one of the things that we're going to look at is how those interests would merge once the county acquires the subsurface rights. So just -- that's our belief, at least some of us, that those interests will merge. And that's just one of the questions that we've had, but those will all be addressed during the process. Other than that, I would just like to point out Alex Sulecki has done a wonderful job putting all this together. So I support the acquisition. Thank you. MS. FILSON: Your final speaker this time is Tom Taylor. MR. T A YLO R: I'll just answer questions if you have any. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. A question, if I may, regarding the appraisal that we're authorizing. Page 167 January 29, 2008 MS. SULECKI: Yes, sir. COMMISSIONER COLETTA: We have a standard procedure as far as the appraisal goes. How does this work now? When we make that offer, it's based upon the actual appraisal? Is it two appraisals? MS. SULECKI: It would be two appraisals, and we would -- the offer would be the average of the two. If they were more than 20 percent divergent, we would get a third, and it would be the average of the two highest. COMMISSIONER COLETTA: Okay. And we have never deviated from this particular process? MS. SULECKI: No, I don't think so. COMMISSIONER COLETTA: I think this is important to mention because we have a lot of very excited people whose enthusiasm could possibly give reason to the seller to try to drive up the price. I will not support anything that deviates from that policy, no matter how excited we get. We could give away the company store on this one if we're not careful. Very, very supportive of Pepper Ranch within that framework of what we just discussed. Question. On CREW Trust coming in as a partner, is that going to in any way influence the -- our ability to be able to use that land for certain recreational uses? MS. SULECKI: Well, that's something that would have to be worked out in agreement. I know that on the Starnes parcel, we chose to do it with them as an undifferentiated owner. And they agreed that we could use it for mitigation purposes. So we had some agreements beforehand, and that's what we would have to do here, is make agreement. COMMISSIONER COLETTA: Okay. The 350,000's only going to be a very, very small portion of the -- MS. SULECKI: That's true. COMMISSIONER COLETTA: -- amount of the purchase price; Page 168 January 29,2008 is that correct? MS. SULECKI: That's correct. COMMISSIONER COLETTA: I hope at no point in time do we give up anything as far as the public use of that to be able to satisfy some other entity out there. One of the biggest reasons why I'm supporting this is because of the public's ability to access this land, to be able to use it in a responsible manner. Just a real concern I've got on that. Thank you very much. MS. SULECKI: We would bring that back to you for you to reVIew. COMMISSIONER COLETTA: Okay. MS. SULECKI: And approve. And I just wanted to mention -- and I appreciate Mr. Kriz saying that I did a wonderful job, but it was my whole team here. We all did -- CHAIRMAN HENNING: Why don't we all say it all at once. We'll all just say it right now . You're doing a great job. COMMISSIONER FIALA: Great job. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: One of the things about CREW, they like to have public access. They don't like to keep the public off of their lands. We have -- we bring trips out with kids, with adults, we have butterfly sightings, we have wild flower sightings. We bring people on all the time. So that shouldn't be a concern. COMMISSIONER COLETTA: Well, it still is a concern because they don't exactly like to have the kind of access that I would like to see as far as people being able to -- maybe Boy Scouts setting up a camp there, limited amount of hunting and fishing to be able to take place. COMMISSIONER FIALA: That's okay. COMMISSIONER COLETTA: Yeah. And this is the reason why I've got concern. If CREW's going to step into this and it's going to limit it to what it does for the other lands, then I really don't know if Page 169 January 29,2008 I'm aboard. CHAIRMAN HENNING: Did you want to go ahead and make a motion, Commissioner Coyle? COMMISSIONER COYLE: I already did, but I'll make it again, now that I've been told 14 times -- 14 times that there's no objection to it. I make a motion that the Pepper Ranch be added to the A list. COMMISSIONER HALAS: And I second it. CHAIRMAN HENNING: Okay. Got a motion and a second. Alec (sic), Commissioner Coyle's (sic) question really wasn't answered on CREW lands. The Starnes property, if there is a partnership, will there be any hunting on that? MS. SULECKI: Starnes, yes. In fact, we met just last week with CREW and with South Florida and with Fish and Wildlife Conservation Commission to include that in the wildlife management area for hunting purposes. CHAIRMAN HENNING: Okay. So I think that the commissioners need to know all of these concerns and, you know, to answer Nancy Payton's concern on one, there won't be any money left in Conservation Collier if it's extended. That was my concern about the rural stewardship area and Conservation Collier getting in this program was just this issue, is, do you compromise that program, that award-winning program, by purchasing lands that are already in sending? I'm going to support the -- putting it on the A list, but the stewardship credits that the board, this board already approve to take off, cannot be put back on in this forum. The person who requested those that take it off needs to come back to the board to put it back on. You know, that -- that ship already sailed. We can't reconsider that now. That was almost two years ago, or last year or something like that. So they're going to have to come back and put that on there, and I Page 170 January 29, 2008 think the evaluation should be for lands that those credits are already removed. And I did hear some concerns about development on this property. That's a bunch of hooey. Nobody is buying property in Collier County except for government, and they're going to hold on to this property for a long, long time unless government buys it to get them out of that obligation from maintenance of this property. That's just a fact of life. That's where we are with the economics in Collier County . So with that, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. SULECKI: Thank you. CHAIRMAN HENNING: The only concerns that I have on the balance of it, I can't support the I -7 5 multi acquisition. I do believe that we ought to try to finish out section 53 in the Winchester Head and Devisse property. Did I pronounce -- MS. SULECKI: Devisse. CHAIRMAN HENNING: Devisse. That's an issue, that I don't want to put a passive park in there only to have neighbors in the neighboring community have concern about access, and then the board has to change its mind again. MS. SULECKI: I just spoke to Mr. Jim Culker, who is the president of the homeowners association for Delasol, and they weren't going to be here today because they didn't have any concerns about Conservation Collier going forward, and they said they would work Page 171 January 29, 2008 with us during the land management process to get something that was agreeable to them. CHAIRMAN HENNING: Well, I received an email, they didn't want any access over there. MS. SULECKI: I see. CHAIRMAN HENNING: Ifwe purchase it, that would prohibit it from being developed in the future. MS. SULECKI: True. CHAIRMAN HENNING: Who would like to live -- everybody would like to live next to a private conservation area with nobody accesses it but you. I think we have a lot of that in Golden Gate Estates, but we individually pay for it. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And when I met with the representatives from the community, they indicated they were very much opposed to any kind of meaningful access to that property. They were very specific about that. So when the time does come when those kind of discussions take place, I agree with Commissioner Henning, if there isn't a public use to it, just to have a green piece of property sitting out in the middle of someplace that no one in the public, other than a very limited select group of people have access to, that's not appealing at all. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. That piece of property could probably be used to be developed, right? MS. SULECKI: It could. There could being 15 units there on the upland portion that's right adjacent to Delasol. COMMISSIONER HALAS: Okay. Because I feel the same way, if we can't have parking on that and use it as passive recreation. Because it's going to offend the homeowners that live around that area, then I feel that we shouldn't buy it, that we should maybe just let it go and it will be developed. Page 172 January 29, 2008 CHAIRMAN HENNING: Okay. Anything else? Would it be appropriate to have a motion now? MS. FILSON: Do you want to hear the other speakers on this? COMMISSIONER COYLE: Yeah. There's some other speakers on other parcels, but I have some concerns about some other parcels, but I'd rather hear from the speakers first. CHAIRMAN HENNING: Okay, thank you. Can we go to speakers, please. MS. FILSON: Yes, Mr. Chairman. I have four additional speakers. James Dyches. He'll be followed by Tom Bogan. MR. DYCHES: Good afternoon, Commissioners. My name's Jim Dyches. My wife and I own the Dyches property on the acquisition list. I don't have any comments at this time, but I'd be happy to answer any questions that may develop. CHAIRMAN HENNING: Any questions? COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: Commissioner? COMMISSIONER COLETTA: I see the property. I'm trying to see how the access would be to it. MR. DYCHES: Well, it's adjacent to the Otter property, which you also own, and the Karen property, which is to the port side or the wet side. And there is an easement that comes up between the properties. COMMISSIONER COLETTA: So I mean, this would be a walk-to park for people in the neighborhood? MR. DYCHES: That's my understanding. There are -- there have been a couple of different proposals. One, there could be a visitors center back there, but I think that has been pretty much rej ected. COMMISSIONER COLETTA: It does -- the way you're talking about it, if it doesn't have a place for people to park and people to access it from throughout the county, then I'm not supportive of it. Page 173 January 29, 2008 MR. DYCHES: There is -- well, that would be up to your group. There is parking back there now. I live back there. There's a house back there. COMMISSIONER COLETTA: Oh, no, that's fine then. But I'm just -- I want to make sure, like Commissioner Henning and a couple other commissioners mentioned, if this is very limited neighborhood access type of park, then it should be the neighborhood purchasing it rather than the whole county with the tax assessment to be able to -- it's got to be something that's got an amenity that other people could use, even though it's a limited fashion, they could still use it. And they can't be expected to walk from halfway across the county to get there. MR. DYCHES: Understand. As I say, it is adjacent to the Otter Mound property, which the county also owns and has some limited parking there. COMMISSIONER COLETTA: Okay. That's good. That's a positive. MS. FILSON: Okay. I'm getting speakers from the first batch saying they want to speak again. CHAIRMAN HENNING: Oh, that's a no-no. MS. FILSON: On these separate subjects. So it's up -- you tell me what you want. CHAIRMAN HENNING: No. Let's hear it. MS. FILSON: The next speaker is Tim (sic) Bogan. He'll be followed by Bill Perdichizzi. MR. BOGAN: It's actually Tom Bogan. I live at 1016 Inlet Drive on Marco. I'm -- my property backs up to Dyches' property and also the Otter Mound. I've got probably 175 foot in the back, probably 100 of it is on the Otter Mound and the 75 remaining is on Dyches' property. My back pool deck right now currently overlooks the Otter Mound, which is -- which was, when we moved there 22 years ago, a Page 174 January 29, 2008 pretty pristine residential area, very private. Now it's completely wide open, and I have park benches and signage in my back yard. We are not in -- against the county buying Dyches' property, but what we are against, if -- any more public access in my back yard. Really, Commissioner Fiala was kind enough to -- came down and took a look at what we are, you know, kind of dealing with. We are working with Conservation Collier, but as far as trying to create -- recreate a buffer zone. But we really are not interested in any more public access, you know, real close behind our house. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. And what he's really referring to, there were a couple problems. I went onto this site. One of them was we had -- now, this is, as you can see, located in a residential area, but we had prisoners going out tending to the land, and that -- I didn't know that until they pointed this out to me, and when I pointed it out to our people, they said, we'll stop that. We'll have different maintenance crews, because it is a neighborhood. And so that was -- that was the one thing. That's what you said, right, Melissa? Okay. And then secondly, there was a proposal to use the house as a visitors center, and the people in the neighborhood said you know, we're a neighborhood here. We don't want to have a visitors center here. They Dyches people have said, they'll tear the house down. Our people have said, that's fine. All we're trying to do is just add land to those. Right now this is a beautiful piece of property because it's got some of the old shell mounds, and this particular piece of property was owned by Tommy Barfield. That's where she lived when she first settled in and really was the mother of our school system, I believe. And so there's historical value to this. So what he's just saying is, they don't want to see a bunch more people coming. People that are coming there is fine, but they don't want to have prisoners taking care of the land nor do they want to Page 175 January 29, 2008 have a visitors center. CHAIRMAN HENNING: So did you want to take it off the A list? COMMISSIONER FIALA: No. CHAIRMAN HENNING: Oh, okay. All right. I misunderstood. COMMISSIONER FIALA: No, I'm sorry. MR. BOGAN: Well, our concern is like the walking paths that they have. And another problem, what we had this summer, they accidentally had sprayed a herbicide, Colarsonal (phonetic), on the ground, which is pretty deadly to the landscaping and it pretty much knocked off about 65 percent of the vegetation and trees, you know, that are, you know, all gumbo-limbo, wild avocados and mango trees back there. So now it's wide open because there's no type of foliage. But if we increase walking paths through the Dyches property, now I will have the entire -- every window in my house completely wide open to the public. And they -- and the park gets visited probably about 25 to 30 visitors a day, and it's open from dawn till dusk and there's no -- there's no, you know, gate or fence or -- City of Marco doesn't patrol it, so it's wide open, you know, right to the back of my house. That's really our big concern. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Bill Perdichizzi. MS. SULECKI: May I point out that -- in case you didn't see it -- that the advisory committee made an additional recommendation at their January meeting to discount the value of the price by the cost to demolish it, or discount the value of the property by the cost to demolish the house. CHAIRMAN HENNING: Okay. Next speaker? MS. FILSON: Bill Perdichizzi, and he'll be followed by Betsy Perdichizzi. MR. PERDICHIZZI: Good afternoon. My name's Bill Page 176 January 29, 2008 Perdichizzi. I'm the Administrative Vice-president from the Marco Island Historical Society. I kind of hate to be the bearer of bad news to Mr. Bogan, but currently the plans for the Otter Mound property now -- I'm not talking about the Dyches property. I'm talking about the Otter Mound preserve -- is that we plan to implement a program of educational outreach to both the students of Collier County and to the public who are -- who is interested in history, archaeology, et cetera. So whether or not you buy this property -- and I really want to discount this misinformation that's been going out -- is not going to affect our plans whatsoever, because our interest, of course, is to develop the educational opportunities and recreational opportunities at Otter Mound. So we're going to see an increase in public traffic whether or not you buy the Dyches property. That's going to happen. Okay. CHAIRMAN HENNING: And I think that's up to the Board of County Commissioners to determine. Thank you. MR. PERDICHIZZI: I'm-- CHAIRMAN HENNING: As far as activities on the properties, there is a management plan that the board needs to approve. I'm not sure if we approved that. MR. PERDICHIZZI: I'm not sure that basically there's a conflict there at all. We can certainly check with Alex, but I don't believe there is a conflict. The other thing that's been going around which we want to dispel is that we're going to make a parking lot, and obviously this is totally against our principles. The one thing that did happen is when this property was offered for sale -- and it did have the house in here. We thought this might be a unique opportunity to really contain the travel in and through the property by having a visitors center. This way people would have a place for recreation, amenities, for, you know, rest, relaxation, seeing Page 177 January 29, 2008 different videos, et cetera. But if this is not in the best interest of the county, we don't object at all to the house totally being demolished and removed. We do think that this is being a little shortsighted because I suspect that in five to 10 years you may have to change your mind and rebuild. But this is a decision by the county, and we have absolutely no objection to the facility being removed from that. What we are very much concerned with is basically that this structure, this land, be preserved. When you talk about environmental sensitivity, there's a different criteria that go together to determine the environmental sensitivity of a piece of property. You know, there's air quality, water quality, recreation, you have the ecological situation, the flora and the fauna involved, those values. You have historical value, archaeologic value, educational value, artistic value, and just plain rest and relaxation. This piece of property, perhaps, provides the most environmentally sensitive value, it fulfills most of these requirements more than any other property that I have ever seen. It is in a highly urbanized area, it provides green space, and basically it can serve the most needs for the most people for the cheapest cost. We think this property is definitely -- CHAIRMAN HENNING: Can you wrap your comments up, please. MR. PERDICHIZZI: Okay. We think this property is basically a best buy and we would like to see the county keep it on the A list. MS. FILSON: Next speaker is Betsy Perdichizzi. Actually, I should have called her up first. She drew a nice little picture on how to pronounce her name. Is she waiving? Did she waive? CHAIRMAN HENNING: I don't know. I'm not sure what's going on. Do we have another speaker? MS. FILSON: Yes. We have one additional speaker. She'll be Page 178 January 29, 2008 followed by -- MS. PERDICHIZZI: My name is Betsy Perdichizzi, and I would just like to know if I could give my time to my husband to finish his remarks. CHAIRMAN HENNING: No, ma'am. MS. PERDICHIZZI: I cannot? CHAIRMAN HENNING: Usually you negotiate that beforehand. MS. PERDICHIZZI: Well, we did. We know that -- and that was one of the reasons that I signed up to speak because I think that has happened before, that you have allowed that courtesy to other people, but that's fine. I just would like to say that we have led, in the past six months, 12 months, several different tours to the property, school children, as well as adults, 30 to 40, and we have not received one complaint from anyone living around in that area. And some of the neighbors did -- when we did write letters for approval to the purchase ofthis property. So there are two sides, I suppose, to every issue. But it's a wonderful property, the Otter Mound property, and we would love to see you add to it to keep it, and we think the green space will remain there, and Mr. Bogan will be satisfied when the herbicide has gone away and things have grown up again and his yard is private, and we certainly can appreciate that. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is Rachelle Dover. MS. DOVER: It's Rachelle actually. So for the record, Rachelle Dover for the Devisse property owners, representing them. I just wanted to point out that the Delasol homeowners association was absolutely against the park that was already a part of their PUD but they weren't necessarily against the purchase of this property. They just actually asked for two stipulations for the -- when Page 179 January 29, 2008 they appeared before the CLAC. So they were asking that pedestrian-only access be allowed. And we weren't against that. I don't think the CLAC was against that at all. And that they were also -- when they purchased in Delasol, it was disclosed to them about the park but also about the potential for development of the Devisse property. So their attorney had actually indicated to me if the -- if it could be worked out where the pedestrian-only access would be a part of the stipulations, that they would actually be in favor of this purchase. So I wish they were here today to help me differentiate this, but they're not. So I would ask that, perhaps, that you keep it on the A list and that these issues could be worked out when -- during the process. Thank you. CHAIRMAN HENNING: Commissioner Halas may have a question for you. MS. DOVER: Okay. COMMISSIONER HALAS: The problem is, there's no parking, and so all this is a piece of property that will only be serviced by the community there. And so that's why we have a problem with this, because it's -- this property should be open to everyone in Collier County . And so -- since the people there at Delasol don't want any parking on this particular property or Euclid extended, then we have a problem. So that's why I suggest that maybe we just ought to let -- take this off the list totally and let it be developed. MS. DOVER: Okay. Well, if! could just rebut that comment just a minute. There is some potential for parking at the -- where Euclid ends, and there's actually paved area. COMMISSIONER HALAS: There's only room for two places, and that's not enough. MS. DOVER: Okay. And I certainly understand that, so I don't think the Conservation Collier board had a problem with that, but Page 180 January 29, 2008 thank you. COMMISSIONER COLETTA: Commissioner Henning? CHAIRMAN HENNING: Yes. Commissioner-- COMMISSIONER COLETTA: Yes, I'm sorry. Before you go-- MS. FILSON: That's your final speaker. COMMISSIONER COLETTA: Before you go. May I make a suggestion? I'm totally in agreement with Commissioner Halas on this. This would be a wonderful project for the community to get together and put together an MSTU to be able to purchase this property and remain in perpetuity in conservation to serve the local residents there. I think it would be a wonderful thing for your community to do. MS. DOVER: Well, I don't live in Delasol, so I-- COMMISSIONER COLETTA: Oh, no. But I mean, you represent them though, right? MS. DOVER: No. I actually represent the Devisse property. COMMISSIONER COLETTA: Oh, forgive me. But you might want to talk to them and see if they'd be interested in doing that. MS. DOVER: Okay. That might be something that we go back and try and negotiate with Delasol. All right. Thank you. COMMISSIONER COLETTA: Thank you. MS. SULECKI: Can I just add one thing about the parking situation? CHAIRMAN HENNING: Let's hear our last speaker. MS. SULECKI: Okay. MS. FILSON: That was your final speaker. CHAIRMAN HENNING: That is our final speaker. MS. SULECKI: I just wanted to mention that -- CHAIRMAN HENNING: No. Let's move on with this. Thank you. MS. HECKER: We had signed up to speak on all of the parcels. Page 181 January 29,2008 CHAIRMAN HENNING: Okay. How many are here to speak up on all -- speak on all the parcels? Just the young lady here? MS. FILSON: And Brad Cornell. CHAIRMAN HENNING: Oh, and Brad, yes. Just kidding. COMMISSIONER COLETTA: No, you weren't. CHAIRMAN HENNING: I like Brad. Please, let's be brief. MS. FILSON: Okay. It's Jennifer Hecker followed by Brad Cornell. MS. HECKER: Yes. We did have some comments regarding the other properties that were on the list. We had two things that we wanted to comment on. One was the Dyches property and -- on Marco Island. And I -- we certainly admire that there are members of the community that believe that that should be preserved for its historical significance, but we believe that the intent of Conservation Collier is to preserve those areas with the highest environmental and natural resource value. And with the price of over a million dollars, we feel that this is not only inconsistent with the intent of the program, but that that money would be better spent on some of the other parcels that were nominated that had higher natural resource value. And I would -- one such parcel is Camp Keais. Camp Keais has been identified by every single agency and natural resource mapping effort that has ever been conducted in Collier County as being one of the most strategically valuable parts of our county. It's not only a flowway, but a corridor that branches other publicly-owned lands. And there's some in-holdings where willing sellers have brought those to you this cycle that want to make sure that those missing pieces of this conservation corridor are publicly preserved. And we would really emphatically request that each of you consider supporting that those Camp Keais properties come off the C list and go on the A list because they absolutely are missing pieces of a conservation corridor that we believe is of some of the highest Page 182 January 29, 2008 significance in the entire county with regard to its natural resource value. So we would ask that those two amendments be made to the list, that the Dyches property be downlisted to C based on its natural resource value and its high price, and that Camp Keais properties be uplisted to the A list. Thank you. MS. FILSON: Brad Cornell. MR. CORNELL: Thank you, Commissioners. I'm sorry to -- for the confusion. I thought we were just speaking about Pepper Ranch, so -- I did want to address -- I'm not going to address all the properties. I just had three properties I wanted to additionally make a mention about. One was, I agree with the Conservancy on the Dyches property. It's expensive and small and we can spend our money on, obviously, some great other properties that are on the list. I also believe the North Golden Gate Estates I-75 properties have great potential, and especially with the willingness of Dr. Gore to sell his large acreage in that same area contiguous to this, that that is a great opportunity to protect an important habitat corridor between the panther refuge and North Belle Meade. And finally, I want to point out an important property that's recommended by the committee as a B property, and that's the Su property, S-U. I -- Collier County Audubon believes that it should be an A property. It's the headwaters for the east branch of Henderson Creek. It's a known manatee warm water refuge during winter months, and an integral part of the watershed for Rookery Bay. Audubon strongly recommends that this parcel be put on the A list with a high priority for purchase, and that does contrast with the committee's recommendation. I think, even though it's expensive, it's a very critical part, and it's also a part of Everglades restoration through the Henderson Creek Belle Meade watershed project that's right in that area to protect the watershed for Rookery Bay, Page 183 January 29,2008 essentially. Thank you. CHAIRMAN HENNING: Thank you. Okay. Did you want to say something, Alec (sic)? MS. SULECKI: The only thing I wanted to mention about the Devisse parcel and the parking lot was that we looked at that initially, and we determined that putting a parking lot inside that slough would be very, very difficult and expensive to permit and would probably be contrary to Conservation Collier goals, so that we weren't really considering a parking lot at this point, but that's something we could work out later. CHAIRMAN HENNING: Okay. All right. Entertain a motion. Commissioner Coyle? I'm sorry. COMMISSIONER COYLE: Yeah. I would just like to say that I am not in favor of purchasing the Devisse property or the Dyches property, and I have a lot of questions about the I-75 properties. And I think -- I think we've got to get some more information concerning those before we can vote on that. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: And I'd like to see the Camp Keais property come off the C and onto the A because I do think that that's a very important part of -- important piece of property that should be preserved. CHAIRMAN HENNING: Are you going to make a motion? COMMISSIONER COYLE: It is on the A, isn't it? COMMISSIONER FIALA: Oh, is that a motion? MS. SULECKI: It's on the C list -- MR. MUDD: It's on the C list. MS. SULECKI: -- Camp Keais. COMMISSIONER HALAS: It's on the C list. CHAIRMAN HENNING: Entertain a motion at this time. Anybody have a motion? You want me to formulate a motion? COMMISSIONER COYLE: Oh. I was waiting for an Page 184 January 29, 2008 explanation on the I-75 properties, and then I'll formulate a motion, if it will be okay. CHAIRMAN HENNING: Sure. MR. CASALANGUIDA: For the record, Nick Casalanguida, your Transportation Planning Director. I'm also the Project Manager for the I-75 IGR. We'd like to ask you to defer recommending that to the A list until such time that the IGR and the PD&E is complete, because I think we can partner with Conservation Collier in the future when that location has been determined and we know what the impacts to that interchange will be. COMMISSIONER COYLE: Okay. Now one final question. The Hamilton property. Are we really -- is now the right time to start proceeding with anything on the Hamilton property? MS. SULECKI: Well, it's for sale now. Are you considering the foreclosure action or -- COMMISSIONER COYLE: Yes. MS. SULECKI: Well, if it goes to foreclosure, it will be very difficult for us to buy it because our program is not set up to buy from the courthouse steps. COMMISSIONER COYLE: Okay. All right. Then, Mr. Chairman, I would make a motion that we approve the committee's recommendations for the A list with the following changes: That the Devisse property be eliminated from the A list, that the I-75 properties be delayed and not placed on the A list, and that the Dyches property not be placed on the A list, that the Camp Keais property be moved to the A list. And those are the only changes I would make to the committee's recommendations. COMMISSIONER HALAS: I'll second that. COMMISSIONER COYLE: Do you have something else, Alex? MS. SULECKI: Can I just ask you to, instead of saying off the list, move them to the B or C, and then we'll know exactly where to Page 185 January 29,2008 put them. COMMISSIONER COYLE: That will be fine, sure. MS. SULECKI: Okay. COMMISSIONER COYLE: Anything I said to take off the A list, we put them on the B or C list, right? MS. SULECKI: B or C, yes. COMMISSIONER COYLE: Okay. MS. SULECKI: So Devisse would be? COMMISSIONER COYLE: Devisse would be C. MS. SULECKI: C. COMMISSIONER COYLE: And Dyches would be C, and the I-75, I don't know where you put that until we -- MS. SULECKI: B would be a place so we could reconsider it next year. COMMISSIONER COYLE: Okay. Let's go with B then, all right. MS. SULECKI: All right. CHAIRMAN HENNING: There's a motion by Commissioner Coyle to accept the advisory board's recommendations with amendments, and we have a second by Commissioner Halas. COMMISSIONER HALAS: That's correct. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: One clarification. Did you say the Camp Keais goes onto A? COMMISSIONER COYLE: Yes, sir. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Is there any further discussion? (No response.) CHAIRMAN HENNING: Okay. Call the motion. It's a lot of money. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. Page 186 January 29, 2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER COYLE: And Mr. Chairman, could I just add one thing? The chairman just mentioned money. That's going to be uppermost in my mind the next time you come back to us. We need to know how much money we've got left, how much we're likely -- and you've got some of this in the executive summary -- how much we expect to bring in over the next few years with the effect of various state government actions, and we need to use our money in the wisest possible way because we are going to run short. MS. SULECKI: Yes, sir, agreed. Thank you. CHAIRMAN HENNING: Can we do one more item? Commissioner Fiala? COMMISSIONER FIALA: Can I just ask a question? If -- some of these things that have been moved to C, we can always move around again as others, like the Su property also, that was the B property. Those can get moved around here and there, right? MS. SULECKI: Let's see. Su was a B list. That will be automatically considered next year unless the owners don't care to. And C list can come back and apply again. CHAIRMAN HENNING: Next item? MR. MUDD: Commissioner, that brings us to 10E, and that's to provide the Board of County Commissioners -- CHAIRMAN HENNING: Can we go to that one that Commissioner Coyle had a concern about? Item #lOJ Page 187 January 29, 2008 AN AGREEMENT PROVIDING A MAXIMUM EXPENDITURE OF FIFTY-FOUR THOUSAND DOLLARS ($54,000) FROM THE GAC LAND TRUST TO THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT TO PURCHASE SIX WEATHER STATIONS - APPROVED MR. MUDD: Okay. That's 16E6, and that's lOJ, and that's a recommendation that the Board of County Commissioners approve an agreement to provide a maximum expenditure of $54,000 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District to purchase six weather stations. That item was moved at Commissioner Coyle's request. COMMISSIONER COYLE: Just to shortcut this. My only concern was that it was not clear how this expenditure of $54,000 was going to serve the interests of the public. And what kinds of whether stations are you thinking about putting in fire stations and what is the importance of doing that only in this particular fire district? MS. MOTT: For the record, Toni Mott, Real Estate Services. We have asked representatives from the Golden Gate Fire District to attend the meeting today to give specifics as to how the weather stations will operate. And if Chief Peterson would like to come up and address that issue. CHIEF PETERSON: Good afternoon, Commissioners. Don Peterson, Fire Chief, Golden Gate Fire Control and Rescue District. The weather stations actually cover two fire districts, Big Corkscrew and the Golden Gate Fire District; however, because it's -- I'm sorry. The type of weather stations is through WeatherBug. WeatherBug is used nationally. It's been adopted by the -- several of the federal government agencies. The -- more and more. Broward County has currently just about covered the entire county with these stations. Page 188 January 29,2008 The weather stations take readings in specific areas; however, because it's weather, it impacts a large area. What our growing concern is and has been, because of the growing large population, the shortage or understaffing of emergency responders, the more tools we can provide out there that lets us know what the dangers are out there, or when we have chemical releases, have hazardous material activities going, it's important for us to be able to know what the exact temperatures are in an area, what the weather is actually in that area in dew point, it affects burns, it affects the plumes that are created from different types of -- whether it's gasoline or whether it's a chlorine leak, these different types of things. And it's really intended to be the start of -- ideally it would be countywide, but we've got to start someplace. That's what was intended that -- be able to reach out and -- because we've got a large populous out there. The 951 corridor is increasing, it's expanding. Vanderbilt extension is expanding. Immokalee Road's expanding. And it would help I -75 activity. We've got a large population in there. Normally when we get the alerts from the weather service, at least in the Golden Gate Estates area, the storm, most of the time, has already gone through that area. When the radio goes off, give us an alert, and it's kind of like, no kidding. There's software included with this that allows us to analyze it, set it up as parameters for warnings, and it's intended to go on the web pages. It's certainly intended to have access really for anybody. The general public accesses it as they need it, should they need it. But the big focus to it though is the emergency responders, whether that's law enforcement or fire or EMS. We have the questions come up during the hurricane. We ask people, a lot of the EOC, what's your weather out there? Depending on the individual, they mayor may not give you an accurate picture of that. And depending on the driver of the vehicle when we ask him, how bad is the wind out Page 189 January 29, 2008 there, most of the time the drivers are not going to want to pull off the road when they've got an emergency call to go to. This will help provide us a better footprint, what is the wind actually doing out there in the direction. We historically have seen south 41 -- we've declared countywide, pulled vehicles off the road, but we'd get reports, south 41, they couldn't drive on it but Golden Gate you could. You could almost see the sun shine. And it's typical Florida weather. You go two blocks and the weather has changed on you. So the focus was trying to provide an additional safety layer in there for us, take a lot of the guessing out of it. They are approved by the National Weather Service. They do accept the data. They're installed and certified to their standards. And as I say, the -- any governmental entity that needs to use it, it would be acceptable data in their format. It also -- they've made some changes in the last year, six months, that data can now be laid as an overlay on the GIS software, which the county currently uses, as well as we use, that we can -- what -- the importance of that is, we can use the -- as care (sic) of the county mapping that we have, we can lay that on top of that and actually determine how many homes more accurately are impacted by this and -- so there's a great interface activity there. CHAIRMAN HENNING: Okay. Let's go to Commissioner Halas, and then Commissioner Coletta. We could always come back. COMMISSIONER HALAS: Are you -- when you say weather stations -- and a lot of people out there would simulate that this would be like you're going to measure the temperature and the humidity and stuff. I think it's more than that. Tell me if I'm wrong. Is there where you're going to get data from a Doppler radar and have it on your computer that you could broadcast this out to show you what the possibilities of rainfall are going to be in a particular area? Page 190 January 29,2008 CHIEF PETERSON: No Doppler radar involved. COMMISSIONER HALAS: It is or isn't? CHIEF PETERSON: Is not. It's temperature, humidity, wind direction. With the software, there is predictability in forecasting in there because you're taking readings. Relative humidity, dew points determined from that, and it's -- currently we've got one station that provides all the data currently, but it doesn't have the capability of being certified and doesn't provide the accuracy that these do. COMMISSIONER HALAS: And then how do you get this information transmitted out to the public? CHIEF PETERSON: Through the web pages, web sites. COMMISSIONER HALAS: Suppose that we don't have power, then how do you get it out? CHIEF PETERSON: We generally -- COMMISSIONER HALAS: You've got generators, but the people may not have power. CHIEF PETERSON: Well, that's -- there again, the primary focus is for the emergency services personnel. We can still communicate with these stations. Yes, there's -- we've got amateur radio group, that if we've got shelters, those different things, we can share the information through that. I would expect through the emergency management normal chain, we would be able to pass that data along. COMMISSIONER HALAS: I was -- I had basically -- I had the same questions that Commissioner Coyle had, and so I was looking at this as maybe this was a possibility that it was a tool for you to tie in with local Doppler radar or there was some way that you could predict what the direction of a storm was so that you could get it out there prior to the storm hitting, if it was on a web page or whatever else, but if it's while it's occurring, then I have some concerns. I guess I just don't fully understand the whole implications that you're trying to bring forth today. I don't understand what it is that Page 191 January 29, 2008 this weather station for this kind of price is going to enhance the residents in Collier County. CHIEF PETERSON: Currently if we have an incident on 951, hazardous material spill -- COMMISSIONER HALAS: Okay. CHIEF PETERSON: -- the closest weather station we would have is the building across the parking lot. That weather is inaccurate and unusable for us out in the field. And historically a lot of times that's what they've told us, or on the roof of this building, they give us wind direction. But when you get into the Estates area, your wind is completely different. Because the way the roads are laid out in the Estates, it provides a different channel at times that the wind is completely opposite than what you could do down here. Now, it is not the intent of emergency services to go into the forecasting business, and that's where the other entities come into that. The software we have has the capability of predicting, but the main focus and interest for us is in these particular areas, at the time the incident happens, what is your due point, what is your wind direction and how fast is it actually going. When you take hand readings with instruments out there, again, it relies on the individual to make sure that they're doing that correctly. In the case of fire season, dew point, with these red flag days, it's extremely important. CHAIRMAN HENNING: Commissioner Coletta has a question. CHIEF PETERSON: Yeah, I'm sorry. COMMISSIONER COLETTA: Chief, forgive me. I'm trying to get my arms around this. I know at a time when the dollar is going to be extremely tight and -- you know, and I know we need more of those horizontal wells out in the Estates at different locations. We don't have the money for it. And I'm looking at this and I'm trying to see what the real benefit is. When you now go to the scene, you're looking at the leaves on Page 192 January 29, 2008 the trees and the flags that fly on the poles and all the other indicators that are there. I mean, as you say, this thing changes street by street. I've seen it before. I'll be driving down the same street and with the short distance, the flags will be going in two different directions. How can your weather station ever predict this particular anomaly that occurs on a regular basis out there? I'm really curious to how this thing is going to benefit us, and I really don't have that much confidence in what I'm hearing. I mean, if you were telling me you were going to put, you know, this amount of money into more horizontal wells, man, I'd be up there embracing you right now, you know. It's a tremendous thing to bring down the cost for the residents that are out there for their insurance and to offer a little bit more of a protection that's there. I'm trying to see where this is going to be a positive thing. Maybe it's something that we need to have more information on, possibly somebody or someplace where they already got it, they can show us how it benefited them. Emergency management's not here, or they can comment on it. But you've got to understand, I wish to God I was a little more -- they are. Excuse me. Oh, I didn't see you back there, Dan. You were hiding behind somebody. CHAIRMAN HENNING: Do we have a question? Do we have a question? COMMISSIONER COLETTA: Yeah. I would like to hear from Dan. I mean, this is a pretty complicated issue, and I'm sure, even Commissioner Coyle because of his experience flying, has more experience with these kinds of instruments than I ever would. MR. SUMMERS: For the record, Dan Summers, Director ofthe Bureau of Emergency Services and Emergency Management. The best way for me to couch these devises are a network of automated weather reporting stations, wind speed direction, relative humidity, and rainfall accumulation. They are very helpful in terms of Page 193 January 29, 2008 amateur-based, emergency-management based, fire-service based knowledge of weather patterns within a particular area of the district. These are not tied to formal warning notifications that are issued by the National Whether Service; however, the National Whether Service will go to private sites like this and look at their Doppler radar, which, again, is a long way away in Miami, and evaluate the radar, the imagery they're seeing with the ground reporting station that these WeatherBug systems provide. Are they a useful tool to the EOC and emergency management, and the answer is, absolutely, yes. Are they mission-critical for us to get public warnings out? They're nice to have, but all of our public warning systems are generated and are relied upon by the National Weather Service. So when you see the six o'clock news and they show some spotter locations of wind speed and direction and some of the WeatherBug have cameras on them, then those are just spotter, neighborhood-type weather. But it is beneficial for us to have weather data and weather activity, particularly wind speed and relative humidity out in the eastern lands as a tactical issue that the chief has addressed with wildfire, hazardous materials incidents. So they are a valuable tool and a resource for us, but they are not part of anything that we own in terms of a liability for public warning. They provide tactical support information to the fire departments. And that would be the way I'd sum that up, sir. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, Mr. Chairman. I'm not going to try to micromanage the emergency operations or the fire departments. If they say they need them, I guess they need them. But let me say that, you know, the time is now when we have to start pinching pennies, and we have to have a cost benefit analysis when we start making decisions about this. So I'm saying that if Chief Peterson feels they're good for his fire Page 194 January 29,2008 district, then they must be good for the other fire districts. Let's have the fire districts provide us a comprehensive cost benefit study of providing these fire station -- or these weather stations in all of the districts so we can cover all of Collier County and then evaluate the potential benefits of doing it, rather than just piecemealing it. If it's critical, we ought to put it everywhere. CHAIRMAN HENNING: Here's the problem with that. The funding source that this is coming from -- COMMISSIONER COYLE: That's right. CHAIRMAN HENNING: -- is the GAC. It can only be spent in Golden Gate Estates. And that's -- there are only things that it can be spent in Golden Gate Estates. It's not just whatever we want. So it's very limited. You know, with Mr. Summers' recommendation, I think that weighs heavy, so I'm going to make a motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER COLETTA: I've got one question. CHAIRMAN HENNING: Okay. There's a -- you have another question? Please. COMMISSIONER COLETTA: Thank you. Chief, do you see this as more benefit, spending the money on these weather stations, than on something like horizontal wells out along the Boulevard or something where they could be a benefit to the residents? CHIEF PETERSON: Yes. Because the horizontal wells are not acceptable by all insurance companies. It's a case-by-case basis. COMMISSIONER COLETTA: But they are still a water source that you can use, regardless if the insurance company comes forward or not. But so -- so, I mean, just taking everything into consideration, simply said, this weather station is more important than horizontal wells? CHIEF PETERSON: Weather stations deal with a safety issue. The horizontal wells are important as well. But because of the staff Page 195 January 29, 2008 shortages, I think the weather station comes first versus the horizontal wells because they're labor intensive. You're required every six months or so to test them. They do plug the trucks up. They're an expense to -- whereas the weather stations are installed. There's a huge population that has access to that data. I would also -- I -- XM Weather, you're familiar with what happened with -- that's the same type of tool that, during the hurricanes, were able to track the water levels even before the South Florida River Management districts identified we had surge coming down to us. So I just share that it's a local tool that we're able to share with everybody. CHAIRMAN HENNING: We have some other speakers. Would you call the speakers. MS. FILSON: Yes, Mr. Chairman. I have two additional speakers. Karen Acquard. She'll be followed by Rita Greenberg. MS. ACQUARD: Rita had to leave. She asked to be excused. MS. FILSON: Okay. MS. ACQUARD: Good afternoon, Commissioners. For the record, I'm Karen Acquard. I chair the Land Trust Committee. And I want to tell you that in discuss -- we had a very thorough presentation. We take our duties very seriously. Many requests come before us. We listen closely to all the information that's presented. We look for extra information. We ask a lot of questions, and then we have a lot of discussion before we make a decision. And the weather stations were something that all of us felt so strongly about that we asked Jason to please fast track it so that we could have them in place before this fire season. And by the way -- or before the worst of this fire season. There are ones for each of the fire stations, but also a portable, that will go right to the fire scene or the emergency scene, whether it's hazardous waste or whatever. It's going to be -- and if it saves one Page 196 January 29, 2008 home, one life, it's going to pay for itself. It's going to be worth every cent that -- and the money is there. It doesn't come out of taxpayers' dollars. This is money that's sitting in a trust that we have been -- that we're -- we are responsible for. And we have very specific guidelines of how this money can be spent, where it can be spent. And even then, you can't just come in and say, well, I need a new piece of equipment for the fire department. You have to explain it. You have to answer all the questions, and then you have to wait while we sit and figure it out and discuss it right into the ground before we decide whether it's worth the money or not. And this one we really feel is worth the money. I don't think you have ever refused one of the recommendations that the land trust has sent up to you, and I certainly hope that you don't refuse this one because the entire committee feels that it is worth the money and it is going to, in the long run, save hundreds of thousands of dollars in property. And as we said, with the population increasing, the chances of losing lives in some of these wildfires increases each time. So we think it's worth the money. You're talking seven weather stations, six fixed, one portable, to cover a little over 200 square miles, and I think that's pretty good. Thank you very much. CHAIRMAN HENNING: Thank you. Any other questions? COMMISSIONER COLETTA: Just one comment. After that explanation, I'm in total favor of it. No, seriously. I mean, the portable weather station. Nobody explained that before. The fact it's going to be at six places. When you divide across the cost of the whole thing, it's pretty reasonable. CHAIRMAN HENNING: Is there any other questions? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Page 197 January 29, 2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: And Commissioner Coyle is opposed. It passes, 4-1. Are you keeping track? Do we need a break now? COMMISSIONER COYLE: She says yes. You know that I have to leave at 5:45 for the Canvassing Board, so anything you need me for a vote on, you need to get done before that time. CHAIRMAN HENNING: Why don't we just continue it till tomorrow, the meeting, and we'll just -- COMMISSIONER COYLE: No, it will take until Friday to get the votes counted. CHAIRMAN HENNING: Yeah, okay. Let's take a 10-minute-break. Can we be back at 4:30? Everybody synchronize their watch, please. COMMISSIONER COYLE: Simonize my watch. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #10E AN UPDATE ON PETITION CPSP-2007-6, AN AMENDMENT TO THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN, ADDING REFERENCE IN POLICY 1.7 TO THE PROPOSED COLLIER COUNTY 10- YEAR WATER SUPPL Y FACILITIES WORK PLAN, IN ORDER TO BE CONSISTENT Page 198 ~ ._m__.__'''' --~----.-.- January 29, 2008 WITH THE REMEDIAL AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT, ORDINANCE 89-05, AS AMENDED; AUTHORIZING THE CHAIRMAN TO EXECUTE AND FORWARD A LETTER TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) IN REFERENCE TO THE ADOPTION TIMELINE OF THE AFOREMENTIONED GMP AMENDMENT - APPROVED Next item is 10E. To provide the Board of County Commissioners with an update on petition CPSP-2007-6, and amendment to the potable water subelement of the public facilities element of the Growth Management Plan, to add reference in policy 1.7 to the proposed Collier County 10-year water supply facilities work plan in order to be consistent with the remedial amendments to the capital improvement element ordinance 89-05, as amended, and to have the BCC authorize the chairman to execute and forward a letter to the Department of Community Affairs, DCA, in reference to the adoption timeline of the aforementioned GMP amendment. Mr. Randy Cohen, Comprehensive Planning Director, will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a motion to approve the staffs recommendation by Commissioner Coyle, second by Commissioner Fiala. Mr. Cohen, do you need to go any further, ask any questions or anything? COMMISSIONER COYLE: Good person. MR. COHEN: Hey, I'm good to go, sir. CHAIRMAN HENNING: Well, that's good to hear. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. Page 199 January 29, 2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. FILSON: Mr. Chairman, who made the second? I'm sorry. COMMISSIONER FIALA: I did. MS. FILSON: Okay. Thank you. CHAIRMAN HENNING: Commissioner Fiala. MR. MUDD: Commissioner, we're finished with lOF. We're finished with lOG. Item #10H RESOLUTION 2008-34: A VOLUNTARY SEPARATION INCENTIVE PROGRAM, EMPOWER THE COUNTY MANAGER TO IMPLEMENT THE PROGRAM AND AUTHORIZING THE CHAIRMAN TO SIGN THE ENABLING RESOLUTION - ADOPTED (TO INCLUDE COUNTY MANAGER'S AGENCY AND THE COUNTY ATTORNEY'S OFFICE) Brings us to 10H, and that's a recommendation that the Board of County Commissioners establish a Voluntary Separation Incentives Program, empower the county manager to implement the program, and authorize the chairman to sign the enabling resolution. Mrs. Len Price, your Administrative Services Administrator, will present. MS. PRICE: Good afternoon, Commissioners. If you'll just bear with me a little bit. I'm fighting a cold. I was sure I wasn't going to get it. I took antibiotics this weekend, and I was feeling great, then all Page 200 January 29, 2008 of a sudden yesterday, wham. COMMISSIONER FIALA: Echinacea. Take Echinacea. COMMISSIONER COYLE: Vodka works better. MS. PRICE: A whole host of vitamins and every other thing just to try and get me through. There we go. If I run out of voice, just give me a half a second. We're here today to present to you a Voluntary Separation Incentives Program, and I'd like to go over just a little bit of what we have in mind. The eligibility for this program would be for folks who are already in the DROP program and for those folks who are eligible to retire under FRS pension without penalty. That doesn't necessarily mean they have to retire nor does it necessarily mean that they would be in the pension program, but that's the set of eligibility so we could keep it straight across the board. I've put up on the board what that -- what that means. There's two classes. The regular elected senior management class. It's essentially 62 years of age with at least six years of service, or 30 years of service at any age, or under the special risk class, which would be EMS and fire, would be 55 years of age with six years and so on. I'm not going to read it to you. I know that you can read. But basically we want to use that set of criteria for eligibility. The basic benefit that we're proposing is a three-year health coverage for those folks who take this. If they don't need health insurance or they choose to waive it, we would give a payment to them of half the premium, and we would give that up front. We're also going to allow them a combination. Perhaps they want one year of coverage and two years of cash. Once the coverage expires, we would -- we would pay them the cash at that time, two years, or even if they wanted to keep the coverage until they turned 65, which could happen at any point in the middle of the year, then we would pay them however many twelfths were left of that year through Page 201 January 29,2008 to the end of the three-year period in lieu of -- excuse me -- of health and dental coverage. Commissioner, did you have a question? COMMISSIONER HALAS: Yes. Is there a possibility that if they decide to take cash in lieu of, that it could be rolled over into an IRA so they don't have to pay the taxes up front? MS. PRICE: They could certainly roll it into an IRA, but I'm not aware of any program that would necessarily not tax it up front. COMMISSIONER HALAS: Well, it would be taxed at a later date. It wouldn't be taxed all at one time. MS. PRICE: When we make the payment -- and, of course, I'll check with the IRS, because that's an excellent question. I'll check with the IRS, but I believe that when we make the payment, we've got to take the taxes out at that time then -- because it's compensation to them. Once they put it into an IRA, it would be protected to the extent of the IRS limits on IRA contributions. But we will certainly make an inquiry to see ifthere's any way that we could make a direct contribution that might not be taxed. I'm just not aware of one as we speak. Our purpose in doing this is not to cause people extra taxes, so if there's something that we can do -- COMMISSIONER HALAS: That's right. MS. PRICE: -- we would gladly investigate how we could do that. The implementation plan would be to start enrollment in a couple of days on the 31 st and leave it open for two months. We recognize that that's a very aggressive plan and that there's a lot of up-front work that HR and risk management are working on in the background right now; however, in order to get to our goals, we feel that the sooner we implement the program the better, you know, the sooner that the county will reap the benefits that we're trying to get to, and I'll go over those in just a minute. Page 202 January 29, 2008 The -- folks will eligible if they meet the criteria we spoke of earlier up to 90 days after the close, so that would be through June the 30th. All eligible employees will receive written notification. They could come to us, make an election, and they would have seven days after making that election to make any changes to that. So if they selected three years of coverage and then got some better advice, they could make a change. They could change their mind altogether and say, you know what, I thought I wanted to do this, but I've changed my mind. It would give them a seven-day period so that they could make sure it was final. At that point, once it did become final, that would begin the person's two weeks' notice unless their eligibility came a little bit further down the line, you know, throughout that 90-day period, and then the date they became eligible would start their two-week notice for departing their employment with the county. To go over our financial situation right now and the reason that we're putting this forward to you right now, when we came to you with our budget policy, we assumed a 4 percent attrition, as we do, I believe, just about every year. In the general fund, that comes to approximately, 1.3, $1.4 million. When the tax reform bill was passed, we were also hit with an additional $35 million in cuts. We did that in a number of different places, including cutting expanded positions, eliminating job bank positions, freezing positions as of that point in time, and also freezes on future vacancies, which we expected to yield us about $2.5 million over this fiscal year. As it turns out, because of the changes in the economies, the slow-downs, the job market isn't quite as strong as it had been, we're looking at only about $3 million of the 3.8 that we expected in order to hit the tax reform implications and the budget cuts that we expected to make, and so we're anticipating a shortfall in the area of about $855,000. Page 203 January 29,2008 And our hope is that we can incentivize employees who might be on the fence, thinking about maybe retiring or maybe staying around, we're thinking that that this program might be able to cause those folks to move out a little more quickly and help us get at this number before we have to go to the point where we're actually reducing our forces. Just to give you an idea -- and we really have no good way of estimating how many people might take this, we know that we have approximately 140 people who are eligible for it. And so just to give you some round numbers, if seven people took it, you know, these are the numbers that we could yield. And it would be somewhere in between because we're going to, obviously, have a mix of folks who take the full coverage, the full cash payment, and a mix in between. But we feel that we may just be able to come up with, at that $855,000 mark, or at least make a significant dent in that as we move forward. How would we get started? If you approve this today, employees would be notified starting the 31 st, and our HR department will do the administration. Ken Mayo and Dianne Janson in our HR department __ and their numbers are up there -- would be handling the questions. We have also put together a question and answer sheet that we will send out, distribute in email.makesureitgetsposted.We.re going to translate it into Spanish, and also put it on our Internet so that all of our employees have access to it so that they can get at least the questions we think they might have answered. Obviously they can contact us at any time and we'll answer any additional questions that they might have. That concludes my presentation. What questions do you have? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I'd like to make a motion for approval. COMMISSIONER COLETTA: I'll second it. CHAIRMAN HENNING: There's a motion by Commissioner Page 204 January 29,2008 Halas for approval and second by Commissioner Coletta. I have some questions. MS. PRICE: Sure. CHAIRMAN HENNING: On page 1, it talks about eligible-- yeah, that word. MS. PRICE: Eligibility. COMMISSIONER FIALA: Eligibility. CHAIRMAN HENNING: It says, elected officers classes. Is that -- is this offering to elected officials? Elected officers class. In regular classes slash -- MS. PRICE: I'm not sure that anyone ofthe elected officers would be taking this; however, when we copied the information in from FRS, those were the three classes that fell into those particular programs. CHAIRMAN HENNING: Is that a part of your recommendations, then, what we're voting on is to -- to make that eligible to elected officials, elected officers? MR. MUDD: No, sir. CHAIRMAN HENNING: No. Okay. MR. MUDD: No, sir. It's only my agency, okay, unless one of the commissioners wants to take it. It doesn't apply -- CHAIRMAN HENNING: No, no. MR. MUDD: -- to constitutional-- CHAIRMAN HENNING: Need to be crystal-- crystal clear. MR. MUDD: Yes, sir. CHAIRMAN HENNING: So it is not? MR. MUDD: It is not, sir. CHAIRMAN HENNING: It is not eligible, okay. The second question is, you had a provision in here to allow to return in three years. Is that correct? MS. PRICE: If-- CHAIRMAN HENNING: If the economy goes better and Page 205 January 29,2008 blah-blah-blah. MS. PRICE: If the economy goes better or if a position that is not frozen were to open up, any of these employees could reapply. They would reapply as a new applicant coming in. CHAIRMAN HENNING: Right. MS. PRICE: If they did that, depending on what their election was would depend on how we would handle that. If they had elected the full medical and dental coverage for the three-year period, they would retain that for the three-year period. If they had taken the cash instead, then when they sign up for the health insurance, if they did, they would pay 50 percent of the premium because we had already covered that. CHAIRMAN HENNING: Okay. And you have a mechanism in place to track all this? MS. PRICE: We do. CHAIRMAN HENNING: I mean, I think it's a great program, but I think it's difficult to -- MS. PRICE: It is going to require some work to keep track of it. But yes, through SAP, and between our risk management folks and our HR folks, we will make sure that each employee is tracked. We're also working with OMB to make sure that the folks who have left, that the cost of their insurance remains with the budgeting unit that they came from. CHAIRMAN HENNING: And I think I just have one more question. And I'm assuming, because of the way the executive summary is written, this is only for positions that are general-fund dependent? MS. PRICE: We're going to open this up to the entire Board of County Commissioners agency. If a person vacates a position that's not in the general fund, the county manager has asked that all positions that do get filled be -- we look internally first. And so unless we could not possibly fill it from within, the idea is that we would Page 206 January 29, 2008 move -- then somebody else would fill it, and ultimately the vacancy would wind up in the county manager's agency. CHAIRMAN HENNING: Okay. So if this is a broader perspective than the general fund, it's really not due to mandates from Tallahassee, correct? MS. PRICE: Commissioner, each of the funds that are not general funded have been impacted by the economy in one way or the other as well, and so this helps them as well. In public utilities, we've asked everybody to cut back on watering. Obviously that has a side effect of cutting down on the revenue that they bring in. CDES, we know that the permitting fees are way down. Impact fees have come down with the change in the economy. And so while the main focus of this is -- you know, the thrust of this is to get at the general fund issues, this will also have a side effect of impacting, positively impacting, some of the other areas as well. CHAIRMAN HENNING: Okay. Well, the board was asked in the last budgeting process to increase positions within Jim DeLony's agency, correct? MR. MUDD: And I believe Mr. DeLony didn't increase them. CHAIRMAN HENNING: He didn't; he didn't increase them. MR. MUDD: Did not increase them, sir. CHAIRMAN HENNING: Do we need to -- it wouldn't be a budget amendment. It would be amendment to the budget to take those out? I mean, if we're going to offer it to Jim DeLony's employees, then we have vacant positions that the board approved; shouldn't we remove all those first -- or not first, but in concert with all this? MR. DeLONY: For the record, Jim DeLony. Sir, I really don't have a question to answer, but maybe I have an explanation to your approach and deployment in this particular instance. Sitting here today, there's 31 positions that are frozen in public Page 207 ~--"'- .-.-...,"-,,--.' January 29, 2008 utilities, and the reason they're frozen is because we've been very careful looking at our revenue stream starting with the fourth quarter of last year -- CHAIRMAN HENNING: Right. MR. DeLONY: -- coming to this budget year. We must continue to be revenue centric in public utilities because we have to balance our costs against our revenues. And so throughout the year we've been drawing down, I believe appropriately, with regard to both salaries associated with labor, but other operating expenses with the utility, trying to achieve the economies commensurate in our cost to our revenues. So in that sense, staff has already taken those proactive measures. And Manager Mudd is very aware of what we've done to date. We have some more that we'll continue to monitor and do as we come in on the guide path for not only this fiscal year, but several fiscal years, till we see an up-tick or a change in our revenue picture. I hope I've given you some explanation to our -- CHAIRMAN HENNING: Well, you sure have, and maybe we need some guidance from the county attorney at a later time. It's a simple question. MR. DeLONY: Yes, sir. I was just wondering about -- yes. CHAIRMAN HENNING: We gave direction or approval for positions, and now we're understanding they're frozen. I'm not sure if the board sitting as the district governing board needs to take action on that. It has nothing to do with this. But also we were told that because of the water shortages, Ms. Price, the water shortages, and the less need for water is another reason; is that true? MR. DeLONY: Sir, it's not -- the bottom line is revenues. Revenues would come from sales of water services as well as wastewater services commensurate to the demand that's put on the system. Page 208 January 29, 2008 We're seeing an overall reduction in demand for two reasons. First reason, obviously, is the growth has not been achieved in terms of new customers coming on-line to our plant. We had planned for about 4,000 equivalent residential units coming on-line in this fiscal year per the AUIR, and we're seeing something much more significant, smaller than that. The second reason, of course, is that we have the short-term downturn in revenue associated with the water restrictions. And I will tell you that the county water/sewer district customers, in terms of posturing ourselves for the, you know, 1 February date for Phase 3 restrictions, have been excellence. I mean, our water demand has fallen off significantly. So those two actions, those two effects on our revenues has caused staff to take proactive measures to ensure we're consistent with our revenue picture and our cost picture. Labor is just one of the many aspects of cost in the utility. There are others, and we've taken those measures as well. CHAIRMAN HENNING: Well, the -- in the process, that ratcheting down because of water restrictions, you also asked the board to -- and it's in the ordinance -- to where you get to charge more because people are conserving. MR. DeLONY: Regrettably-- CHAIRMAN HENNING: And we were told the reason we need to do that is you need to have that staff there to still operate. MR. DeLONY: And what -- that surcharge has -- is having two effects. First of all, it does provide us some recovery of fixed costs irregardless of consumption. You know, staffing of plants, 24/7,365, is irrespective of consumption. CHAIRMAN HENNING: You're right, I remember. MR. DeLONY: And the second aspect of that surcharge, and it certainly is the minor part, but having that up-tick in actual market price of water helps in making people aware of the conservation effect Page 209 January 29,2008 that we need with regard to these restrictions. I would like to say that there's a linear effect between reduction in revenue for water and fixed costs and variable costs, but it's not. So we still have some fixed costs that we are going to be deficient -- we have a rate study that the -- CHAIRMAN HENNING: I remember now. MR. DeLONY: Yes, sir. The rate study we're going to bring before the board this spring, or late spring, will hopefully address all of these revenue concerns that you have. But it's been staffs attempt, starting, again, in last -- fourth quarter of last fiscal year, to begin to look carefully at these revenue centric operations and in the utility. CHAIRMAN HENNING: Appreciate your patience, Commissioner Fiala? COMMISSIONER FIALA: Yes. Just one question for Len. I thought I heard you say that you're still working out the mechanics for this; is that what I heard? MS. PRICE: Just for the monitoring piece of it, which we'll have in place as these things go on-line. Keeping in mind that the program starts on January 31 st. There's a seven-day waiting period between the time that the first person might enroll and it becoming final, and then two weeks notice that they give after that gives us those three weeks to make sure that we've got the SAP codes in place and tested and we've designed whatever spreadsheets or databases we need to make sure that we keep track of everybody. COMMISSIONER FIALA: So in other words, everything is worked out other than just that little piece? MS. PRICE: Yes, ma'am. Excuse me. Yes, ma'am. COMMISSIONER FIALA: Is that -- does that work out with code -- with the Clerk of Courts? COMMISSIONER COYLE: Who cares? MS. KINZEL: Thank you, Commissioner Fiala. Crystal Kinzel, for the record. Page 210 January 29,2008 I've been working with Len and with Amy and HR. Weare a little concerned about the technical mechanics, and they haven't been worked through in SAP. I'm fairly confident the SAP system can handle this. My primary concern has been not having that all tested and worked through and the program starting tomorrow. Sometimes when you work through the mechanics, you find administrative efficiencies or maybe some program tweaks that would help us in monitoring and be able to more easily monitor that at payroll, tax issues, and reporting of all these deductions or payouts, because there are individual tax implications that are all run through payroll. So I've expressed those concerns. We haven't worked through them technically. My preference would have been -- and I've indicated this to staff. My preference would be that we get some board indication on the items, that you agree philosophically with all of the presentation and the policies, let us work out the mechanics, but make a different effective date to make sure that we can do the mechanics, and get it approved at that point where we're certain of that. But that's our preference from a production standpoint. MS. PRICE: And Crystal and I have spoken about that, and obviously, Commissioners, that choice is going to be up to you. Let me just say that the reason that we are trying to push this through as quickly as possible is that we are already nearly halfway through this fiscal year, and we're hoping to be able to gain the efficiencies that we're looking for. If we can't find these savings in this manner, we're going to have to find them in other operational areas because at the end of the fiscal year, we don't have a pool to draw from if we haven't hit our spending targets. So it was really just a matter of trying to get it in as quickly as possible so that we can gain the benefits to the agency that we're looking for. Page 211 January 29,2008 MR. MUDD: Commissioner, if we don't offer a buy-out program before I start a riff, you get yourself in some serious issues, especially in a courtroom. What did you do in order to try to buyout in a particular issue? We're to a point in time after the first quarter with the revenues that aren't coming in, Mr. Schmitt's looking at around 40 that he's -- that he needs to cut. There's some issues in the general fund that we need to get done, and the problem is, we can ill afford to get through the end of the year. You know, I could take that $855,000 shortage right now that's supposed to be reoccurring, and I could take it out of operational funds that are one time, but when I start the next FY, I'm $855,000 short, okay. And that -- that's the -- and that's the nut we're trying to get at. We're trying to get at reoccurring costs, and that's where the shortage issue is. If we can get -- I was hoping for 20 percent. If I can get 20 percent on this particular issue, we pretty much get us where we need to be. We're going to be short a little bit and we're going to have to let some people go. But one of those things we're going to try to get at. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: So what I was just going to ask after what you said and what Crystal said is, you will be working together to work those things out? MS. PRICE: Absolutely. COMMISSIONER FIALA: Okay, fine. That's just -- it's really important because we want to make sure that everything flows smoothly as -- MS. PRICE: Absolutely. COMMISSIONER FIALA: -- we start this program. CHAIRMAN HENNING: Anything else? (No response.) CHAIRMAN HENNING: All in favor? David? Page 212 January 29,2008 MR. WEIGEL: Thank you, Commissioner. It appears the board has a motion on the floor to approve the plan pertaining to the manager's agency, all his departments. And to the extent that there's eligibility within the County Attorney Office, if you would wish to amend the motion to include the County Attorney Office, we will extend the, call it, promotion or information to those who are eligible in our office as well. CHAIRMAN HENNING: Yeah. COMMISSIONER COYLE: I think that's a good idea. CHAIRMAN HENNING: Yeah. And I think it's already in there because it said general fund, or you're just thinking general fund MR. MUDD: I was thinking county manager. CHAIRMAN HENNING: County manager. MR. MUDD: David just needs to put -- CHAIRMAN HENNING: Who made the motion? COMMISSIONER HALAS: I made the motion. I'll change my motion to reflect that. MR. WEIGEL: Thank you. CHAIRMAN HENNING: Who made the second? COMMISSIONER HALAS: Commissioner Coletta, down the other end. COMMISSIONER COLETTA: Yes, I did, and I agree. CHAIRMAN HENNING: Okay, as amended; all in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 213 January 29, 2008 MS. PRICE: Thank you, Commissioners. Item #101 CHANGE ORDER #4 IN THE AMOUNT OF $97,186 ON CONTRACT 05-3772 WITH MILES MEDIA GROUP FOR ENHANCEMENTS TO THE TOURISM DEPARTMENT WEB SITE - APPROVED MR. MUDD: Commissioner, that brings us to 101, which is to recommend approval of change order number four in the amount of $97,186 on contract 05-3772 with Miles Media Group for enhancements to the tourist development website. Now, I will tell you that I read that same item on the change sheet and it's a lot more detailed in the change sheet that I read this morning, but it's pretty much on track. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: I have questions. CHAIRMAN HENNING: Okay. There's a motion by-- COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: -- Commissioner Fiala to approve, second by Commissioner Coletta. Commissioner Coyle has questions. COMMISSIONER COYLE: Here's my concern. This is a change order which is 68 percent of the total contract value, and what I need to find out is, did you -- did you obtain the services that you contracted for under the original $143,340? MR. WERT: Yes, sir. COMMISSIONER COYLE: You received those services for that? MR. WERT: That's correct. Page 214 January 29,2008 COMMISSIONER COYLE: So they have satisfied their contractual obligation. Any additional costs can't be considered a change order, in my opinion, and this should be a new competitive bid. And that's the only thing I'm concerned about. When we have huge change orders like this in relation to the basic contract, there's always the concern that what we're trying to do is bypass the competitive bid process and award change orders to people to continue them as the primary contractor, and being that's -- that is counter to our desire to encourage competitive procurement. So that's my concern. And if somebody can assure me legally that there is nothing wrong with that, then I'll just vote against it and go on my way. MR. WERT: If! -- if! could, Mr. Chair, if! could answer his question. Commissioner Coyle, this was a one-year contract with three one-year renewals, and it is true that we initially did the design of the website actually in the first year. So we didn't impact our budget in one year for the total amount of that design. We paid for that over the first three years of this agreement. In the second and third year we had change orders that were approved by the board for additional enhancements to that site. So in addition to the first design, to be competitive, you have to continually change and upgrade your site, so we've continued to do that. Now in the fourth year we've paid for the initial design, we've paid for the enhancements for the first two years through change orders. Now we're in the fourth year and we really don't have any dollars allocated to pay for enhancements we need to make this year. We have agreed to the third one-year renewal, the last year of the agreement. That takes effect in March and goes through March of 2009. What we're asking for is -- and we've put together a number of services that we want to do this year, the last year of the agreement. And we, like we did the first three years of the initial agreement, we'd Page 215 January 29,2008 like to pay for those enhancements -- because they are quite a bit of money, this 97,000 -- over three years. That's why we're asking for an extension. So we didn't -- we have been extremely pleased with this vendor. We have acknowledged that by renewing it each of the renewal periods, which we have just done again. So we didn't feel that it was necessary to bid this out since this has been how we have improved our web site all along for the last three years. When we saw things, we requested change orders. Those were approved. What we will do is we will bring back if you -- the board is in agreement -- if you'll approve the change order, we'll then bring back a subsequent change to the contract adding those two additional years so we can pay for these things, and we will then bid at the end of this extended period. We will go out for bid for our website and make it a competitive bid. COMMISSIONER COYLE: Is Steve Carnell involved in this procurement? MR. WERT: Yes, sir. He has been involved -- his department has been involved all along, and they were the ones that recommended the change order process. COMMISSIONER COYLE: What does the county attorney have to say about this; anything? MR. WEIGEL: Yeah. I'd like to make a few comments here, thank you. The agreement, with its current fiscal amount, total of approximately 143,000, that 143,000 actually is based upon the fact that there is an original agreement of under a hundred -- I think under a hundred thousand or thereabouts. And as Mr. Wert indicated, there have been three change orders approved by the board to date. This is change order number 4. In coming to our office at this point, my review is that it's had what we call creeping scope, creeping scope of work here. Mr. Wert Page 216 January 29,2008 may wish to further explain to the board any linkage with the enhancements that are discussed in the current request to the board with the work that's done with the creation of the system on the web site and the enhancements that have been done to date. To the extent that there is a discussion to be had that this particular service provider has a, let's say, a clear and efficiencies-of-scale type of opportunity to produce the further enhancements and desired changes to the system that the county has right now, that's an argument for the board to consider in favor of the change order. Mr. Coyle's comment as well about the comparison of the significant price at this point in time for the enhancements is one that Mr. Wert can respond to relative, could someone else provide this, would we, in fact, be -- as a county, be served by getting either at least quotes as opposed to bidding, and those are fair questions. Ultimately, Mr. Coyle is asking if this is legal. And the fact is that, yes, it is legal. It comes down to some policy decisions at this point based upon, I think, the information that Mr. Wert provides you relating to the connection of the enhancements at this point with a system that's already in place. COMMISSIONER COYLE: Okay. Now, my fundamental problem is the creeping scope of the contract. You define the scope of a contract, you negotiate the contract, the person performs the contract, you pay them for the contract. You don't just keep extending the contract by adding new requirements each time and calling them change orders. So I will vote against this, but the commissioners will have to make up their own minds. CHAIRMAN HENNING: Yeah. The Tourist Development Council put a condition on their recommendation that this does go -- this definitely goes out to bid at its termination. The concern from the tourism industry is with the economic downturn of the market, historically, you know, we have the Page 217 January 29,2008 three-legged stool. We know that one has been pulled out. Their concern is the tourism, because of economics, is going to fall, and they want to do whatever is possible to make sure that tourism is held up there because of the economic downturn. In fact, I think they're going to be making some recommendations. We're going to have a workshop here shortly. So Commissioner, I do agree with it. And you know, I'm glad to hear that you have a concern about creeping contracts. They're on the agenda all the time, so I'm willing to pull them off the consent agenda if you want to discuss them. COMMISSIONER COYLE: Oh, I'd be happy to do that whenever you have variances of 68 percent. So that's not a problem for me. I look for those kinds of percentages every time I go through the contract changes. I haven't seen many that approach that level. But nevertheless, you have to vote your conscience. CHAIRMAN HENNING: Okay. Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: The vote is 4-1, Commissioner Coyle in the dissenting side of it. MR. WERT: Thank you. Item #lOK Page 218 January 29, 2008 A $99,000 BUDGET AMENDMENT FOR FISCAL YEAR 2008 TO MAKE UP FOR A SHORTFALL OF FUNDS DUE TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONER'S DECISION NOT TO IMPLEMENT A PROPOSED FEE COLLECTION STRUCTURE FOR EMERGENCY MANAGEMENT SERVICES - MOTION TO APPROVE - DENIED MR. MUDD: Commissioner, that brings us to 10K, and this is-- used to be item 16F3. It's a recommendation to approve a $99,000 budget amendment for fiscal year 2008 to make up for a shortfall of funds due to the Collier County Board of County Commissioners decision not to implement a proposed fee collection structure for Emergency Management Services. The item was asked to be moved at Commissioner Coyle's request. Mr. Dan Summers -- COMMISSIONER COYLE: Let me get to this very quickly for you. This is apparently a request for a budget amendment, $99,000, to make up for shortfalls of funds because we didn't approve a proposed fee collection structure. My question to Mr. Summers is, when we didn't approve the fee -- the increased fee collection structure, why didn't you take action to reduce costs to operate within your budget rather than continuing to incur the costs that we now have to give you anyway? MR. SUMMERS: For the record, Dan Summers, Director of the Bureau of Emergency Services. Sir, it's my impression that with -- the budget was approved in September with -- with that dollar amount contingent upon a fee structure coming to you, which we brought in October. We did that. I had the -- sir, I had the impression that in the absence of a fee structure, that it was the intention to fund that back with the general revenue fund. Page 219 January 29,2008 So we simply took it upon that that the fee structure was desirable in September when we brought that discussion to you. You felt uncomfortable with the fee activity at that point. And with the budget already being approved, it was my impression that the general fund would make that short -- would make the difference. COMMISSIONER COYLE: Did we specify that we'd make it up? MR. SUMMERS: Sir, I can't specifically recall that you would make it up, but I had no other direction at either point as to which -- what was to be done other than to proceed on with the approved -- with the prior approved budget. COMMISSIONER COYLE: Even though you didn't have the approved revenues to support the budget? MR. SUMMERS: That's a fair statement, yes, sir. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: May I say, you're still going to perform these services no matter what, as you have in the past; is that correct? MR. SUMMERS: Well, sir, all of these things are going to have impact. Ifthe 99,000 is not there, there's a very -- and I have a presentation if you'd like, but the operations budget within Emergency Management is very small and we leverage a great deal of grant money and partnerships and other resources. So what we do for our readiness posture, which is what basically that 99,000 would support, the bulk of our operational posture for wildfire, hurricanes, tornadoes, and every other fast-breaking event, it would have impacts across the board in terms of our readiness posture and my ability to respond quickly throughout the year. It may also jeopardize our grant -- our future grant funding. CHAIRMAN HENNING: Besides the 99,000, was there other reductions in your budget? MR. SUMMERS: Yes, sir, there have been. Actually the budget Page 220 January 29, 2008 this year was just a few percentage points -- it was well within budget guidance and was less than last year. Also we maintained that freeze on a vacancy -- one vacancy position, one vacant position, within the Department of Emergency Management. CHAIRMAN HENNING: What was the -- what was the percentage of reduction minus this 99,000? MR. SUMMERS: Sir, I've not computed that, but I will tell you that from -- it was only about a 1 percent reduction from the previous year overall. CHAIRMAN HENNING: Okay. MR. MUDD: He's got the -- he's got the budget. He laid it out. I told him to lay it out on this presentation for you. So if you'd give him just a couple seconds, he can at least show you what the impact is. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. For me it doesn't make any difference. It would just be helpful if, in the future, if we tell you that you don't have the revenue sources to support your budget, if you'd just tell us, well, that doesn't make any difference, I'm going to spend it anyway. So I mean, if you'd tell us that, we'd understand it up front, and that's really what you did. We said, we're not going to approve the additional revenue sources for you, and rather than telling us that you're going to spend the money anyway, we wind up here four, five months later having to approve a budget amendment. So, you know, my feeling is, when we don't approve a revenue source for you, you don't make assumptions that we're going to fill in the holes with something else. I don't know of any other department that does that. So I just object to it on a philosophical standpoint. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Correct me if I'm wrong. When we were discussing the budget, there was $99,000 taken out of the budget with the idea that fees would pay for the difference; am I correct? Page 221 January 29,2008 MR. MUDD: Sir, when we were -- when we -- when he did his workshop, you saw his budget, okay, in June, and he didn't have a revenue stream in there. When we got told we had to go cut $35 million, okay, we came in with revenues for the library to the tune of about $40,000. You approved $99,000 in Dan's fee structure. And then in October, in order to do the fees, you have to have an ordinance to implement them. So when Dan tried to execute what you approved in September, in October the board said they didn't want to do that. Okay. The real question is, I took that $100,000 out of his budget so that we could -- we could get at reoccurring costs, okay, for that $35 million cut, and that's kind of where you're sitting. And, you know, I looked at Dan. I said, yeah, they just cut you, Dan. Now, how you going to make your budget? How you going to get to what you need to do? His operational funds in his organization is about $225,000, okay. And you talk about the rents that he does to the warehousing and things like that, about half of that is pretty much -- is locked in. It doesn't give him a whole lot to go for the rest of the year, and that-- and that's the overview in the budget lockout that you see in front of you on the slide. CHAIRMAN HENNING: Okay. Any further questions? (No response.) CHAIRMAN HENNING: Entertain a motion? COMMISSIONER HALAS: Motion to approve. CHAIRMAN HENNING: There's a motion by Commissioner Halas to approve. Is there a second? COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Second by Commissioner -- COMMISSIONER COLETTA: Coletta. CHAIRMAN HENNING: -- Coletta. And I would have thought we would have addressed it at the budget, like Commissioner Coyle -- Page 222 January 29, 2008 Commissioner Coyle, that -- MR. MUDD: You did, sir. CHAIRMAN HENNING: What's that? MR. MUDD: You did. You approved the $99,000 in revenue for Dan's budget. CHAIRMAN HENNING: Okay. MR. MUDD: You did that in September, and what happened in October when he came forward with the implementing ordinance, the board said, we don't want to do that. CHAIRMAN HENNING: All right, all right. I understand now. Commissioner Coyle? COMMISSIONER COYLE: Well, yeah. And when somebody tells you, we're not going to give you the $99,000 -- we approved the budget a month or so, now we're not going to give you the $99,000, what are you going to do? You're just going to ignore the guidance and say, I'm going to spend it anyway? No. What you do is you start cutting costs at that point in time. We're halfway through the fiscal year. How do you know you can't save at least part of that $99,000 for the remainder of this year? How do you know that you can't make decisions to reduce costs from now until the end of this fiscal year? What you're asking for is, just give us the money anyway. We told you no. Now you want the money anyway because you went ahead and spent it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think the thing that's upsetting a lot of people is that we have developers who come in and they ask us for permission to do something. When we don't give it, they go ahead and do it afterwards and then ask forgiveness afterwards. And it's something that we don't like to see happen, and it kind of feels this way. I think that's what they're getting to. CHAIRMAN HENNING: I -- Mr. Summers, you're doing a Page 223 January 29, 2008 great job. I don't want you to think anything different. So let's call the motion. All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion carries -- motion fails, 3-2, Commissioner Fiala, Commissioner Henning, and Commissioner Coyle opposed to the motion. MR. SUMMERS: Commissioner, if! may. Just let me make sure I understand, that -- please understand that there was no ill intent or malice in this effort whatsoever. I thought that the direction was clear. I thought the budget was intact, and we had no intention to not follow your guidance in this particular process whatsoever. We just don't do business that way. So if I misread your intentions, I owe you that apology. Thank you. CHAIRMAN HENNING: Thank you, Mr. Summers. COMMISSIONER COYLE: Dan, if it's any comfort, it's easy to misread our intentions sometimes because we're not all that clear about them. But I think the easy way is, if you lose a revenue source, you ask us, well, how you going to make it up for me? You know, if you'd asked that question, we might focus a little more specifically on the issue and get it resolved for you at that point. MR. SUMMERS: Well, sir, you've put some very serious challenges for me for the operational readiness for the county in the upcoming hurricane season. Thank you. CHAIRMAN HENNING: We're on 13? Page 224 January 29,2008 Item #13A DISBURSEMENTS FOR THE PERIOD OF DECEMBER 29, 2007 THROUGH JANUARY 04, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD - JIM MUDD RECOMMENDED TO APPROVE DISBURSEMENTS EXCEPT FOR THE 3.4 MILLION DOLLAR DISBURSEMENT TO THE CLERK - APPROVED MR. MUDD: Yes, sir, 13A, and it's to attain the board's approval for disbursements for the period of December 29,2007, through January 04, 2008, and for submission into the official records of the board. Commissioner, I pulled this off the consent agenda and put it on the regular agenda. We had a similar executive summary in November. The only piece on this disbursement report of some 17 pages or whatnot is the one disbursement on the first page of the handout, and the disbursement is right at the bottom, and it's 3,409,7 -- excuse me -- $3,409,709.08, and it's basically to Dwight E. Brock. That's basically your December interest on your funds going to the clerk. You have a resolution that you passed in September that basically said that he could collect the interest as long as it was returned to the Board of County Commissioners. I will bring your attention to a 210 report that was punched by my office management and budget staff on 1/2412008, and this 210 report and the item that's highlighted has to do with investment interest. And it basically has $9,181,948.19, and that's -- and that's a revenue in this particular account. And, again, if you remember, $9,186,000. When you get at the bottom of that account, the piece that's left in that account is $8,283,943.65. Page 225 January 29, 2008 So you can see from the interest that's been earned on your particular accounts, if you go all the way through, the total at the bottom of that page should be more than $9,186,000 ifhe was -- if the clerk wasn't encumbering and spending your particular interest. In this particular case he spent some $903,000. And so my recommendation to the Board of County Commissioners is that you approve this particular item minus the disbursement to the Clerk of Courts for $3.4 million. CHAIRMAN HENNING: I have a question. MR. MUDD: Yes, sir. CHAIRMAN HENNING: And of course, this is being litigated in a court. What happens -- what should the clerk do if the board loses this fight in the court? Does he have to still come back and ask for that interest? Well, no. The judge would already determine that, right? MR. MUDD: Yes, sir. He will determine -- he will determine if he can -- if he can spend that interest or not, sir. CHAIRMAN HENNING: Okay. And then it doesn't have to come to the board anymore. Okay. I understand. MR. MUDD: You still have a Florida Statute 136.6 requirement that you have to approve that disbursement. So there's another issue here. There's the issue of, can I spend the interest once it's in my account, and number two, if you don't disburse it to him by this particular mechanism, does he have the money to spend. So there's two particular issues here. CHAIRMAN HENNING: All right. So this is an ongoing issue, Days of our Lives type thing. MR. MUDD: No. The other issue that I need to bring to your attention is this disbursement sheet. I want to make sure that the one item that you saw in November had to do with the 2. -- had to do with the $2.2 million. And my pen is on it right now. And that was the October interest. And we're talking right now about $3.4 million Page 226 January 29, 2008 which has to do with the December interest. You have not seen disbursements for this 3.3, which is November interest, nor this $464,000. So you haven't approved those transfers. CHAIRMAN HENNING: Then I have -- Crystal, can you answer a question? Is this interest money or is this -- is this a charge for services? MS. KINZEL: Commissioner, this is a transfer, and that seems to be what we want to get on the record. You're absolutely correct. This is under litigation, but we're transferring this money. It is not an expenditure at this point. It is a transfer of what we see as statutory income to the Clerk of Courts, and that is the reason for the entry and the transfer of funds. CHAIRMAN HENNING: Okay. Is it a transfer of interest? MS. KINZEL: Yes, sir. CHAIRMAN HENNING: Okay, all right. Well, I didn't support the motion to go to the Court on this one, but the majority of the commissioners did, and I'll support the majority of the commissioners on this potential motion. COMMISSIONER COYLE: Motion to approve the county manager's recommendations to exclude this particular item from the approval of disbursement. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, second by Commissioner Halas. Did you want to say something? COMMISSIONER FIALA: I was going to ask, is this going back to court this coming Friday? MR. MUDD: Yes, ma'am. We'll be in court on Friday. Some commissioners have been subpoenaed. COMMISSIONER FIALA: This will then be completed? MR. MUDD: No, ma'am. We'll have another -- we'll have another bite at this apple on the 17th of March. Page 227 January 29, 2008 COMMISSIONER FIALA: What time Friday? COMMISSIONER HALAS: Nine o'clock. COMMISSIONER FIALA: Oh, okay. Thank you. CHAIRMAN HENNING: Okay. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER COLETTA: You didn't get invited? CHAIRMAN HENNING: Okay. MR. MUDD: Sue, do we have anybody for public comments? I'm sorry. MS. FILSON: No, sir, we didn't. Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN HENNING: May I recognize that Representative Matt Hudson is here, and at this time if you have any things to say or words of wisdom, please do so, or we'll just go to the county manager. REPRESENTATIVE HUDSON: I would certainly yield my time to the county manager. I just want to hang out and listen a little bit. You're better live than on TV. CHAIRMAN HENNING: County Manager, do you have anything? MR. MUDD: Yes, sir, we do. I have a couple of items. Page 228 January 29, 2008 First of all you received an email from Mr. Thomas Cannon, and he basically provided you a 30-some-odd page fire consolidation report and he asked you in an email if you want to hear the PowerPoint presentation. If that's the board's desire, then I can schedule that presentation for a future board meeting. COMMISSIONER COYLE: I'd love it. COMMISSIONER FIALA: Me too. CHAIRMAN HENNING: Well, we have a workshop coming up, and that's with the -- it's not the fire consolidation but the fire plan review. Would it be appropriate to do it at that time? MS. FILSON: On March 18th at nine o'clock. MR. MUDD: Some of us could be in court, sir, on March 18th, okay? And I believe you'll be -- you'll be with us. CHAIRMAN HENNING: Okay. MR. MUDD: So I don't know if that's a good idea. I'mjust asking -- remember I said March 17th we go back again. I can tell you I've been subpoenaed for this one in February, and no doubt I'll be subpoenaed again. And I know there has been some commissioners that have been subpoenaed for this one, and it's kind of a continuation. CHAIRMAN HENNING: Okay. MR. MUDD: Is it the board's desire to come back with a presentation? I'll try to schedule that with Mr. Cannon. CHAIRMAN HENNING: Yeah, it is for me. Commissioner Coyle said yes. Do you want to have a presentation? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: PowerPoint, okay. MR. MUDD: Okay. CHAIRMAN HENNING: There's a majority. MR. MUDD: Yes, sir. Sir, I need to talk a little bit -- and Mr. Klatzkow and I have talked about this one a little bit through emails. It basically talks about public petitions when you've got pending litigation. It's kind of -- it's kind of awkward for the board, and you Page 229 January 29, 2008 kind of got wind of that this morning a little bit. Sometimes we also have code enforcement board cases that are active. We've had one that was withdrawn today of the public petitions, and that -- and it seems to be a public petition that's being used to negotiate leverage about a settlement out of court in that particular case. And what I'm asking the board's direction is, if we know we have pending litigation on a particular case or if we've got an active Code Enforcement Board case that's ongoing, does the board want to preclude those people from going to the public petition process? If you do, I can tell them that it's under litigation and/or to the Code Enforcement Board and they've basically sought a higher authority to answer their question. And what happens, a lot of times they come in front of the board and they do a lot of posturing so that they put you in a precarious situation and use your testimony against you or your comments against you in a court of law. So I'm just looking for some direction. CHAIRMAN HENNING: I have some are ideas, but let's go down the line. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think you have to be careful about that. I didn't mind the way we handled the one today. We let the people speak and then we just didn't say anything. The problem occurs when we start debating something or a commissioner volunteers some information or somehow wants to support the public petitioner. That's when we begin to get into trouble, I think. But if we could all agree that if we have something like this we'll let somebody speak; we're just not going to respond to it. MR. MUDD: Sir, in that particular regard, what I can do is -- you know how you have the public petition sheet that they fill out? COMMISSIONER COYLE: Yeah. MR. MUDD: I could have a category in there that basically says, Page 230 January 29,2008 is this an active court case or is this an active Code Enforcement Board case. It at least would give you the thumbs-up -- COMMISSIONER COYLE: Yeah. MR. MUDD: -- and let you know the situation prior to hearing the petitioner. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. I think maybe when we have something of that nature, I just want to make sure that we don't put ourselves in a precarious position -- and I think if we're alerted ahead of time. I didn't know that this was an active case until I asked the county attorney yesterday on one and -- in regards to the case that took place today, and that's why I felt very uncomfortable and I felt that -- I didn't think that we should go forward on it. But whatever the wishes of the board are -- is. I also think that the code enforcement case, they're trying to circumvent the code enforcement, and I feel that we need to have due process, and if it's turned down by code enforcement on a particular item, then they need to go through the court system. And I don't feel that they should be coming before us in regards to some of these court -- code enforcement issues. That's just my feeling. CHAIRMAN HENNING: Okay. And I think that the public-- we're just going to go right down here. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: I think the public should have every opportunity to petition their elected officials, and I think they need to -- they need to understand, and as long -- we need to understand, like you said, that there is an active case and here's the remedies and, you know, blah-blah-blah. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Of course, it doesn't serve any purpose at all for them to come in because we're not going to say Page 231 January 29, 2008 anything anyway. But I guess, you know, sometimes people want to be able to air whatever they have to say in front of a microphone. And so as long as they're, up front, clear that they -- that we're not going to -- so they know up front and clear that we're not going to be answering them or we're not going to give them any decision or we're not going to bring it back to hear it, I guess we can spend the 10 minutes to listen to them. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I have just a little bit different view. I agree that people have a right to petition their elected officials; however, with that said, too, our public petition part of the first part of the process, I think it's a wonderful tool to be able to get items in front of us. We also have at the end of the meeting a time when people can bring items like this forward without having to tie up the agenda and a tremendous amount of staff time because we don't know how we're going to respond to it. They're going to have everybody out there to be able to get up there and start asking them questions if we start talking. As much as we say we're not going to comment on it, somebody's going to say something or they're going to ask a question. That staff person's going to be held up by that whole process. I think the best time for their comments is at the end of the meeting, right now -- COMMISSIONER FIALA: Oh, yeah. COMMISSIONER COLETTA: -- to be able to deal with it. You know, it's one of those things that early on, when this process was going on they had a chance to be able to interact with us before it ever got to the point of litigation and attorneys being involved. That's the time the public should be coming forward and seeing the commissioners through the public petition process. Once they take it to the attorneys, our hands are more or less tied. There's very little we Page 232 January 29, 2008 can do. CHAIRMAN HENNING: A comment about your suggestion. Through the public petition process, at least the county manager and the county agency knows what the issue is all about and they can inform the commissioners of what's going on. And, you know, a particular commissioner -- or Jim Mudd and I had a long conversation about this one, and I wanted to make sure that, you know, people were treated fairly. COMMISSIONER COLETTA: And that's always a concern of mine, too, Commissioner Henning, but also, too, we want to try to encourage people to work within the system, not just immediately run out to a lawyer and try to make a court case out of it. When they do that, they take away our ability to be able to negotiate at this level to be able to resolve it. CHAIRMAN HENNING: I guess I misunderstood your suggestion then. Are you saying before somebody goes to the Code Enforcement Board or eminent domain, they come to us first? COMMISSIONER COLETTA: Well, basically yeah. We've done it many times. What's the problem with that? Before they ever make an appointment or they get to the point they involve attorneys, they come here and they lay it out to be able to put their heart on their sleeve and we could listen to them and we become conscious of the problem that's out there. We have resolved some situations. CHAIRMAN HENNING: And they already have that ability to do that. They have the ability to come to us, whether it be -- COMMISSIONER COLETTA: That's different than what we're talking about. CHAIRMAN HENNING: But they do come to us before a case. COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: But what do you want to do once it gets into a litigation issue? COMMISSIONER COLETTA: Then it becomes an issue for the Page 233 January 29, 2008 courts. They've taken -- tied our hands. They say they're going to deal with it at the court level. CHAIRMAN HENNING: And that's what we were talking about. So do you want to prohibit those people from coming -- COMMISSIONER COLETTA: No, not prohibit. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Prohibit them from coming through the public petition process where they're at the front of it and we have to have staff and everyone here to start dealing with something that's already been predetermined they're going to go to court with. They made that decision, not us. CHAIRMAN HENNING: Yeah. I'm lost. Maybe you can help me. COMMISSIONER COYLE: Yeah. It won't make any difference whether they come in at the front end, that is the front end of a meeting at public petitions, or whether they come in at the back end under public comments; it puts us in the same position. I think -- I think -- but I think what your point is, when you say front end, you're talking about coming in to talk with us before it turns into a legal -- legal. COMMISSIONER COLETTA: Correct. COMMISSIONER COYLE: I think that's what you really mean. And I think we all believe that. But let me ask you this. To encourage clearer communication with the people who take advantage of the public petition process under these issues, do you think it would be appropriate -- and I'd like the guidance of the county attorney on this. Do you think it would be appropriate to annotate on the agenda that this item is currently being contested in court and the commissioners will make no comments or decisions based upon this public petition? Put it in writing right on the agenda under that item so that the person who has asked to speak understands they're not Page 234 January 29, 2008 going to get anything from us and we understand that we shouldn't be saying anything. What would you think of that, David? MR. WEIGEL: Yeah, I think that -- I think that's just fine. And again, the board and the commissioners sitting on the board, you know, ultimately will-- you have the opportunity and the ability to make your decisions as you wish. Your rule is your rule and we don't make the rule for you, but if, under the public petition, item 6, where someone comes in and there is litigation, whether it's before the Code Enforcement Board or eminent domain or they -- a separate suit that's been filed in the county as a defendant by the person or entity, that easily could be annotated on there, notated on there so that are you aware and that there is a policy of no comment from the board, something to that effect. And the one thing I will say about if the -- if these types of matters came through on public comment, those are just sign-up sheets that Ms. Filson gets and no one knows ahead of time who they are and what they're talking about until they're at the podium. And so from that standpoint, there's less of an ability to service you, as the client, from both the manager's standpoint and the county attorney's standpoint, ahead of time. CHAIRMAN HENNING: I think we have direction. Commissioner Coletta? COMMISSIONER COLETTA: I like this. Just one thing I want to clarify. This commission's never made policy in this direction. It might be a good idea to do so. CHAIRMAN HENNING: What do you mean policy? COMMISSIONER COLETTA: Well, he -- David Weigel just said that the policy is, is that we will not interact with the public at that point in time that they have taken this to the point of courts. At that point in time, you know, our ability to be able to function has been extremely limited and compromised. Page 235 January 29, 2008 So -- but it's not a policy. It's an understanding at the moment. Do you want to make it a policy? CHAIRMAN HENNING: No. You'd have to do an ordinance change. Personally I think we're all adults here. COMMISSIONER COLETTA: I mean, I understand -- CHAIRMAN HENNING: We're here for the taxpayers. COMMISSIONER COLETTA: No, I know that. CHAIRMAN HENNING: No, no. COMMISSIONER COLETTA: I wanted to clarify something. CHAIRMAN HENNING: And I know that you are, too. We're all here for the taxpayers, for the benefit of the taxpayers, and I think we all understand that. COMMISSIONER COYLE: Well, is there agreement? MR. MUDD: Let me make sure I got it right. COMMISSIONER COYLE: Agree that we should put something on the agenda that says, we will not respond? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: There's an agreement not to limit them to petition us. MR. MUDD: That's right. CHAIRMAN HENNING: Also-- MR. MUDD: I'm going to add a box to the form that basically says -- and they can check it under litigation or the code enforcement, and I'll work the wording. And once we get the thing and we know it's in litigation or Code Enforcement Board, we'll basically say -- in the agenda title on the agenda, it will say, under litigation, discussion should be limited. And then I didn't say you can't talk. I said, should be limited. Okay? CHAIRMAN HENNING: Commissioner Fiala, Commissioner Halas? COMMISSIONER FIALA: Yes. When you say -- you know, Page 236 January 29, 2008 you always send a letter back to them telling them the whys and wherefores, yes, you can speak on so and so date. Will you say, because -- MR. MUDD: I'll add something to them that says, hey, look it, this is under litigation and the advisement to the Board of County Commissioners is, their discussion on this matter will be limited. They'll listen, but they're not going to -- they're not going to give you COMMISSIONER HALAS: My question was answered by the question that Ms. Fiala, Commissioner Fiala, asked the county manager, that the person that is requesting to speak knows ahead of time. CHAIRMAN HENNING: Do you have anything else? MR. MUDD: Yes, sir, I do. CHAIRMAN HENNING: A whole bunch? If you don't mind, I'd like to go to Commissioner Coyle since he's leaving in another few minutes, and if you have something to add to this? COMMISSIONER COYLE: Just a request to put something on a future board agenda. There has been a lot of concern about investment of government, local governments' funds, particularly in Tallahassee. I would like to get an assessment of our investment policy and performance on a year-to-year basis, and I -- as a matter of fact, even on a month-to-month comparison would be good, at least for the last 12 months. We have a responsibility to assure that our investment policy is being -- being adhered to. And if our investment policy is exposing us to any risk, we need to be advised that we should modify our investment policy. And I would just like to get a better feel for what our actual performance has been and what our risk assessment is moving forward so that if we need to modify the investment policy, we can do that. MR. MUDD: If that's what the board -- if that's what the board Page 237 January 29,2008 wants to have happen, I would -- I would recommend that you basically have the chairman sign a letter over to the clerk and ask him for that presentation because I've done that already and the clerk turned me down. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: So board members? COMMISSIONER HALAS: Yeah, I think that's the direction we need to go. And obviously our investments are dwindling since we looked -- since we approached thirteen-eight today. CHAIRMAN HENNING: Yeah. We have to get that information from the Clerk of Court. COMMISSIONER COYLE: Yeah. Now this is not a gotcha time, okay. I mean, that's not what I'm proposing. I am -- I am looking for serious guidance and assessment concerning the effectiveness of our investment policy and -- from the standpoint of determining if there are any weaknesses anywhere, if we need to tweak it or modify it. We just want to protect the taxpayers' money, and we need to do a better job of maintaining a high level of understanding of what is going on with it. CHAIRMAN HENNING: Okay. MS. KINZEL: Commissioner, if! could comment. For the record, Crystal Kinzel. Just so you are aware, the investments are put out on the clerk's website monthly, and it shows you a rate of return and it also details the portfolio, so that would be a reference point. But I'll certainly take the information back from this meeting to the clerk. But just to advise the board that we do publish that on the website also. COMMISSIONER COYLE: Well, it is a starting point. The problem that I need -- I cannot evaluate the risk/reward factors of particular items in the portfolio. Now, if everything was in the -- in treasury bills or bonds, I could probably understand that those are relatively risk free, but I suspect it's Page 238 January 29, 2008 not. I suspect there's other government securities involved in the portfolio. And I just don't have any way to assess the future risk factors of having significant amounts of our money in some of those other -- other securities. MS. KINZEL: Okay. And Commissioner, we'll be glad to -- you know, I'll take that back to the clerk. But just to assure you, we're very conservative and there are statutory guidelines as well as your own investment policy, and we adhere to those. We're very conservative in our investments in Collier County. COMMISSIONER COYLE: Good, good. CHAIRMAN HENNING: Okay. MR. MUDD: Commissioner-- CHAIRMAN HENNING: Is there anything else? COMMISSIONER COYLE: No, no. That's it for me. Thank you. MR. MUDD: I was informed this last week that Mr. Smykowski, your Director of Office and Management and Budget basically gave me his letter of resignation. His last day on the job is Wednesday, February 20, 2008. He basically says in his letter that it's been a challenge and he appreciate the opportunity to serve the taxpayers of Collier County. But I -- COMMISSIONER COYLE: Traitor. Tell them where he's gomg. MR. MUDD: He's going with the South Florida Water Management District. COMMISSIONER FIALA: Tom Olliff is reaping -- COMMISSIONER COYLE: That's right. COMMISSIONER FIALA: -- the benefits. MR. MUDD: And last, but this is not my item; it's Commissioner Coletta's item. It's one that I just want to remind him. He received an email from William Arthur to talk about the Golden Gate Community Center board makeup, and he wanted to know if Page 239 January 29, 2008 there could be more board members on that particular forum, and he asked that of you, Commissioner. And your last day as chair you didn't bring it up, and I'm just reminding you if you want to take it to -- talk about it a little bit, that's fine. COMMISSIONER COLETTA: Well, I'm jumping a little bit out of turn here, but that's no problem. Commissioner Henning, you're much more familiar with the subject than I am. What do you think? CHAIRMAN HENNING: To expand the -- COMMISSIONER COLETTA: That's the suggestion. CHAIRMAN HENNING: Expand the terms or expand the members, the membership? COMMISSIONER COLETTA: Terms, isn't it? MR. MUDD: The board is made up of five members, with two elected one time for two years and then three elected the next time for two years. This make a majority of the board changing every other term. We would like to have the terms change to three-year terms with two members elected one year and two members elected the next year and one elected the next term after that. So he's basically trying to spread the terms out a little bit longer -- CHAIRMAN HENNING: I see. MR. MUDD: -- and make it so it's more stable. CHAIRMAN HENNING: You know, maybe it would be better to ask, is that -- the advisory board's asking instead of one member? And then also, that was voted on by the public, and I don't know if that was a part of the referendum question. That was an MSTU for the community center that was voted by the public, so there's -- there might be some obstacles there. But I would like to get something from the advisory board and not one member. MR. MUDD: He signed it as the chairman of the board. So what I'll do is I'll give this email to Ms. Filson and I'll let her work on this one a little bit, okay? But I just want to let you know he wrote that to Page 240 January 29,2008 Commissioner Coletta around the 6th of January, so -- and it's been sitting there. It didn't come up last week, but it's still an item that __ MS. FILSON: Okay. And I didn't see that, but I'll be happy to work on it. MR. MUDD: Sure. MS. FILSON: I would be happy to extend the terms on all the committees that are two years. That would be that much less I'd have to advertise. And some of those committees are hard to get members. COMMISSIONER COYLE: Could we do the same thing for the county commissioners? COMMISSIONER COLETTA: Sure. MR. MUDD: Mr. Chairman, that's all I have. CHAIRMAN HENNING: That's something that maybe we should put on a future agenda. If you want to get together -- not for us. For other advisory boards that are two years, can we get together and kind of look at that, maybe I'll -- MS. FILSON: Sure. CHAIRMAN HENNING: -- put something on the agenda. Okay. MR. MUDD: That's all I have, sir. CHAIRMAN HENNING: Thank you, sir. David? MR. WEIGEL: We're good. Nothing further, thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm good. Thank you very much. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Oh, thank you. What I'd like to address is the pending rural fringe sending lands early entry TDR bonus expiration date and the feasibility of extending the date. The LDC language reads as follows: Early entry bonus credits. Early entry bonus credits shall be generated by a rate of one additional credit for each TDR credit which is served -- or severed from the rural Page 241 January 29,2008 fringe sending lands to the period of March 5, 2005, until three years after the adoption of this regulation. Early entry bonus credits shall cease to be generated after the termination of this early entry bonus period; however, early entry bonus credits may continue to be used to increase density in the rural fringe and nonrural fringe receiving lands after the termination of the early bonus period. Based upon the above language, the date of termination is September 27th, '08, three years from the date of the adoption. I believe that extending that date is appropriate given the economic downturn. Looking at Collier County's website, the TDR activity tracking log prior to the slowdown, there was a considerable amount of sales activity in the sending lands, which is clearly attributed to folks wishing to buy these lands and at least secure the early entry bonus. Over the past two years, however, in particular, last year, sales of the rural fringe sending designated lands dropped significantly. In 2005, there was 322 transactions; 2006, there was 66; and 2007, only five. I see no disadvantage to extending the early entry bonus period. Extending it would help to ensure that the sending landowners are appropriately compensated for the loss of their land values due to the land use restrictions, that just lowered density, placed on their land as part of the rural fringe program and also to further the objective of getting these environmentally sensitive lands restored where needed and protected. The amendment could be accomplished as early as the 2006 compo plan amendment cycle. Planning Commission transmittal hearings are scheduled for March, followed by the April BCC hearing. This would not require any significant work on the park -- part of staff. The amendment would simply be something such as follows, and this is a suggestion. Early entry bonus credits shall be generated at a rate of one additional Page 242 January 29,2008 credit for each TDR credit that is severed from the rural fringe sending land prior to December 31,2013. Early entry bonus credits shall cease to be generated after the termination of this early entry bonus period; however, early entry bonus credits may continue to be used to increase density in the rural fringe and nOllfUral fringe receiving land after the termination of the early entry bonus period. You're still here, Commissioner Coyle? COMMISSIONER COYLE: Yes, I'm waiting. COMMISSIONER COLETTA: The above proposed changes assumes five years extension. Obviously whether to extend the early entry program would be up to the -- would be up to the BCC to consider it. I'd like to have this considered, because what's happened, this economic downturn is really throwing a monkey wrench in everything out there, and if we can allow this to go forward, I can't see any harm that would come to what we intended for the purposes to be. COMMISSIONER FIALA: Do you want to bring this back? COMMISSIONER COLETTA: Yes, I would. MR. MUDD: It's going to have to be -- it's going to have to be an ordinance change, so it will have to come back. COMMISSIONER COYLE: Publicly advertised meeting. CHAIRMAN HENNING: Maybe it would be appropriate to have an ordinance reading before we have an advertisement? Would that be okay? COMMISSIONER COYLE: He just read it, didn't he? CHAIRMAN HENNING: Well, you know-- COMMISSIONER COLETTA: Okay. That was over. What's the next step? CHAIRMAN HENNING: You know, this is at the end of the meeting, and this is a complicated issue. I'd hate to advertise an ordinance change only. MR. MUDD: Let us -- let us come back with an executive Page 243 January 29,2008 summary with a -- and I'll have staff get with Commissioner Coletta, come back with an executive summary asking the board if they would want us to change the ordinance to basically -- to allow the early bonus program to continue on past September of 2008 for a period of years. CHAIRMAN HENNING: Yeah. I'm okay with that. COMMISSIONER COLETTA: That's all I have. Thank you very much. CHAIRMAN HENNING: Well, you ran out of time, so it's a good thing that's the only thing you had. Commissioner Fiala? COMMISSIONER FIALA: I have nothing. CHAIRMAN HENNING: Nothing either. I'll entertain a motion to adjourn. COMMISSIONER HALAS: Motion-- COMMISSIONER FIALA: Motion to adjourn. COMMISSIONER COYLE: So moved. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. All in favor, say -- COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: We're adjourned. ****Commissioner Coletta moved, seconded by Commissioner Halas and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 Page 244 ^ ._~~-- ---_..,-- January 29, 2008 RESOLUTION 2008-19: A RESOLUTION PURSUANT TO SECTION 288.106, FLORIDA STATUTES, RECOMMENDING THAT THE GOVERNORS OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT APPROVE INOVO, INCORPORATED AS A QUALIFIED TARGET INDUSTRY BUSINESS, CONFIRMING THAT THE COMMITMENTS OF LOCAL FINANCING NECESSARY TO SUPPORT THIS TARGET INDUSTRY ARE IN PLACE, AND APPROPRIATING A TOTAL OF $25,600 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM (OTI) FOR FISCAL YEARS 2009-2012 Item #16A2 RESOLUTION 2008-20: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF HERITAGE GREENS. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED BY THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Item # 16A3 RESOLUTION 2008-21: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF GREY OAKS UNIT NINETEEN. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16A4 - Continued to February 12,2008 BCC Meeting Page 245 January 29,2008 (THIS ITEM CONTINUED FROM THE JANUARY 15,2008 BCC MEETING). FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE ONE, (LEL Y RESORT PUD). ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16A5 - Continued to February 12,2008 BCC Meeting (THIS ITEM CONTINUED FROM THE JANUARY 15,2008 BCC MEETING). FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE TWO, (LEL Y RESORT PUD). ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16A6 - Continued to February 12,2008 BCC Meeting FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MAJORS PHASE THREE, (LEL Y RESORT PUD). ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16Bl A CONSTRUCTION, OPERATION, AND MAINTENANCE EASEMENT TO FLORIDA POWER AND LIGHT CORPORATION (FPL) FOR REPLACING POWER POLES TO FACILITATE CONSTRUCTION OF THE GATEWAY TRIANGLE STORMW ATER IMPROVEMENTS PHASE 1, COLLIER COUNTY CAPITAL PROJECT #51803. ($31,660.84)- Page 246 January 29,2008 TO CORRECT THE DRAINAGE PROBLEMS WITHIN THIS AREA OF EAST NAPLES Item #16B2 AWARD OF BID NO. 08-5025 TO STAHLMAN ENGLAND IRRIGATION, INC. FOR THE PALM RIVER ESTATES UNIT 5, IMPERIAL GOLF ESTATES UNIT 4, STORMW A TER IMPROVEMENTS, PROJECT NUMBER 510143 WITH THE BASE AMOUNT BEING $312,097.89, PLUS THE ALTERNATIVE OF $5,583.90, FORA TOTAL AMOUNT OF $317,681.79 - FOR THE RELOCATION OF EXISTING DITCHES, THE INSTALLATION OF CULVERTS, CATCH BASINS AND REPLACING FAILED DRAINAGE STRUCTURES Item #16B3 RESOLUTION 2008-22: A FIVE-YEAR JOINT PARTICIPATION AGREEMENT (JP A), CONTRACT NUMBER AOW89, WITH FLORIDA DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $408,790, INCLUDING A LOCAL MATCH OF $204,395 FOR FY 2007/2008. TO PROVIDE FEDERAL PASS- THROUGH SECTION 5311 OPERATIONAL, ADMINISTRATIVE AND MANAGERIAL FUNDING FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN COLLIER COUNTY'S NON-URBANIZED AREAS AS IDENTIFIED IN COLLIER COUNTY'S ANNUAL GRANT APPLICATION ON FILE WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION - EXPIRING ON DECEMBER 31, 2012 Item # 16B4 Page 247 January 29, 2008 RESOLUTION 2008-23: A FIVE-YEAR JOINT PARTICIPATION AGREEMENT (JP A) WITH FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $804,464, UNDER STATE TRANSIT BLOCK GRANT PROGRAM CONTRACT NUMBER AOW93. PROVIDING FOR STATE FUNDING FOR ELIGIBLE COLLIER COUNTY PUBLIC FIXED-ROUTE TRANSIT OPERATIONAL AND CAPITAL EXPENSES IN THE AMOUNT OF $402,232, AS WELL AS A FY2007-2008 LOCAL MATCH IN THE AMOUNT OF $402,232 - EXPIRING ON SEPTEMBER 30,2012 Item #16B5 AN AGREEMENT FOR THE DONATION OF SCHOOL PROPERTY REQUIRED TO CONSTRUCT IMPROVEMENTS TO OIL WELL ROAD. PROJECT #60044. (ESTIMATED FISCAL IMPACT $208.50) - TO IMPROVE TRAFFIC MOVEMENTS FOR CORKSCREW ELEMENTARY AND MIDDLE SCHOOLS AND FOR PALMETTO RIDGE HIGH SCHOOL Item #16B6 AWARD OF BID #07-4195, TRAFFIC OPERATIONS SIGNAL COMPONENTS TO MULTIPLE VENDORS. (ITEM-BY-ITEM BASIS) - AWARDED TO TEMPLE, INC., ENGINEERED CASTINGS, TRAFFIC PRODUCTS, INC., MAYER ELECTRIC SUPPL Y, COHU, INC., WORLD ELECTRIC SUPPLY AND TRANSPORTATION CONTROL SYSTEMS Item #16B7 AWARD OF CONTRACT(S) #07-4168, FIXED TERM Page 248 January 29,2008 PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES TO THE FOLLOWING FIRMS: JOHNSON ENGINEERING, INC., PASSARELLA AND ASSOCIATES, INC. AND SCHEDA ECOLOGICAL ASSOCIATES, INC. ESTIMATED ANNUAL CONTRACT AMOUNT IS $500,000 - TO PROVIDE SERVICES FOR MULTIPLE PROJECTS WITHOUT ISSUING INDIVIDUAL REOUESTSFORPROPOSALS Item #16B8 THE SELECTION OF PBS&J, INC., A QUALIFIED FIRM AND A WARD A CONTRACT UNDER RFP #07-4174, FPL TRAIL FEASIBILITY STUDY IN COLLIER AND LEE COUNTIES, FOR PROJECT NUMBER 601203, IN THE TOTAL AMOUNT OF $307,610.00 (AVAILABLE IN THE TRANSPORTATION SUPPORTED GAS TAX FUND 313, FPL TRAIL FEASIBILITY STUDY, PROJECT #601203) - THIS STUDY WILL FOCUS ON AN AREA FROM ORANGETREE TO THE CREW TRUST LANDS NEAR CORKSCREW ROAD Item #16B9 ACCEPTANCE OF REVENUE FOR COLLIER AREA TRANSIT IN THE AMOUNT OF $7,000 FROM EXCEPTIONAL INNOVATION, LLC AND APPROVAL OF THE NEEDED BUDGET AMENDMENTS - TO SUPPORT COLLIER AREA TRANSIT IN ORDER TO ENCOURAGE THE USE OF PUBLIC TRANSPORTATION Item #16B10 RESOLUTION 2008-24: A RESOLUTION CERTIFYING THE Page 249 January 29, 2008 DEDICATION AND ACCEPTANCE OF A PORTION OF WESTCLOX STREET, WEST OF CARSON ROAD, IN IMMOKALEE, TO COLLIER COUNTY PURSUANT TO SECTION 95.361, FLORIDA STATUTES, BY VIRTUE OF THE COUNTY'S CONTINUOUS AND UNINTERRUPTED MAINTENANCE OF THE ROADWAY, AND AUTHORIZE THE FILING OF THE APPROPRIATE MAP(S) WITH THE CLERK OF THE CIRCUIT COURT Item #16Bll AWARD OF BID #08-5033 FOR IMMOKALEE ROAD STREETS CAPE BEAUTIFICATION PROJECT TO VILA & SON IN THE AMOUNT OF $827,769.56 WITH 10% CONTINGENCY OF $82,776.96 FOR A TOTAL OF $910,546.52. (PROJECT #660424) - WORK SCHEDULED TO BEGIN APRIL 15,2008 Item #16Cl THE ACQUISITION OF A 3,000 SQUARE FOOT UTILITY EASEMENT NEAR THE SOUTHWEST CORNER OF 3891 WHITE BOULEVARD FOR A PUBLIC WATER SUPPLY WELL SITE EASEMENT, AT A TOTAL COST NOT TO EXCEED $14,900, PROJECT NUMBER 701582 - TO MAINTAIN THE SUSTAINABILITY OF THE EXISTING GOLDEN GATE WELL FIELD Item # 16C2 THE ACQUISITION OF ADDITIONAL EASEMENT AREA FOR AN ACCESS EASEMENT TO LIFT STATION 302.09 AT A TOTAL COST NOT TO EXCEED $4,520, PROJECT NUMBER Page 250 January 29, 2008 730841- SUBJECT PROPERTY OCCUPIED BY ST. PETER THE APOSTLE CHURCH ON RATTLESNAKE HAMMOCK ROAD Item # 16C3 A SATISFACTION OF A NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN - FOR FOLIO NUMBER 00253600008 Item # 16C4 RESOLUTION 2008-25: THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992, 1994, 1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $98.50 TO RECORD THE SATISFACTIONS OF LIEN -AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C5 A BUDGET AMENDMENT FOR $11,446,766.41 TO TRANSFER FUNDS FOR SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) WELLFIELD EXPANSION PROJECT #708921 , WATER IMPACT FEE CAPITAL PROJECTS FUND TO A 2006 REVENUE BOND PROCEEDS FUND - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 Page 251 January 29, 2008 RESOLUTION 2008-26: A RESOLUTION WHICH SUPERSEDES RESOLUTION 2007-33 TO INCREASE THE ANNUAL, NON- RESIDENT BEACH PARKING PERMIT TO $50 - TO ENSURE PROPER MAINTENANCE OF BEACH PARKING FACILITIES WITHIN COLLIER COUNTY Item # 16D2 BUDGET AMENDMENT MOVING $2,161.50 FROM BEACH ACCESS LANDSCAPE PROJECT #902942 AND $112,000.00 FROM V ANDERBIL T BEACH WALKWAY PROJECT #900921, WITHIN BEACH PARK FACILITIES CAPITAL FUND 183, FOR A TOTAL OF $114,161.50 TO BE PLACED IN TO THE VANDERBILT PEDESTRIAN ACCESS NO.3 WALKWAY PROJECT #900451 - TO FUND THE COST OF CONSTRUCTION FOR THE AREA ON NORTH GULF SHORE DRIVE Item #16D3 A $374,407.54 BUDGET AMENDMENT TO FUND THE CONSTRUCTION OF A BOAT RAMP AT THE GOLDEN GATE COMMUNITY PARK, PROJECT #800317 - THE COST OF CONSTRUCTION IS IN EXCESS OF WHAT WAS PREVIOUSLY BUDGETED WITHIN THE INITIAL APPROVED BUDGET Item # 16D4 A LIEN AGREEMENT WITH ERIKA TRINIDAD (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 20, LIBERTY LANDING, IMMOKALEE _ DEFERRING $12,442.52 IN IMPACT FEES Page 252 January 29,2008 Item #16D5 A LIEN AGREEMENT WITH VERDIEU PETIT HOMME AND MARIE L. PETIT HOMME (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FORAN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 11, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.52 IN IMPACT FEES Item # 16D6 CHANGE ORDER #10 IN THE AMOUNT OF $35,945.00 FOR ADDITIONAL CONSTRUCTION ADMINISTRATION, SFWMD WELL PERMIT AND MODELING STUDY, SITE VISITS BY ELECTRICAL ENGINEER, REDUCED WATER METER SIZE, POOL LIGHTING & NIGHT USE CERTIFICATION AND ONE YEAR WARRANTY INSPECTION, TO CONTRACT #99-2947, IMPLEMENTATION OF A MASTER PLAN FOR THE NORTH NAPLES REGIONAL PARK Item # 16D7 A LIEN AGREEMENT WITH MARIE MONGENE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 26, TRAIL RIDGE, EAST NAPLES _ DEFERRING $19.372.52 IN IMPACT FEES Item #16D8 A LIEN AGREEMENT WITH BEGERL CHERY AND MIRNA Page 253 January 29, 2008 CHERY (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 28, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.52 IN IMPACT FEES Item # 16D9 A LIEN AGREEMENT WITH GUERLINE F ANF AN (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 21, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.52 IN IMPACT FEES Item #16DIO A LIEN AGREEMENT WITH JULIETTE ST HILAIRE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 31, TRAIL RIDGE, EAST NAPLES - DEFERRING $19.372.46 IN IMPACT FEES Item #16D11 A LIEN AGREEMENT WITH GASNER ANDRE AND MATHILDE ANDRE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 158, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D12 Page 254 January 29,2008 A LIEN AGREEMENT WITH RICARDO BLANCO AND ANITA BLANCO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 13, BLOCK 6, NAPLES MANOR LAKES, EAST NAPLES AND AUTHORIZES A REIMBURSEMENT OF THE FEES PAID BY HABITAT FOR HUMANITY OF COLLIER COUNTY INC ON BUILDING PERMIT 2007041984 IN THE AMOUNT OF $26,204.83 - DEFERRING $26,204.83 IN IMPACT FEES Item #16D13 A LIEN AGREEMENT WITH ADIEL SOLER AND MIRNA NAVARRO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 159, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D14 A LIEN AGREEMENT WITH DUGUE 1. GRAND JEAN AND YOLENE GRAND JEAN (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 157, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D15 A LIEN AGREEMENT WITH ESTEBAN RACERO JIMENEZ Page 255 January 29,2008 AND MARIA GAMEZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 23, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.52 IN IMPACT FEES Item #16D16 A LIEN AGREEMENT WITH JEAN EL TINOR (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 15, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.52 IN IMPACT FEES Item #16D17 A LIEN AGREEMENT WITH DOLLIE GALLEGOS (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 14, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.52 IN IMPACT FEES Item #16D18 A SUMMARY OF THE IMP ACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY08, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY08 Item #16D19 Page 256 January 29, 2008 RECOGNIZING THERE IS NO FUNDING REQUIREMENT FOR THE INTER-LOCAL AGREEMENT FOR MUL TI- COUNTY AGRICULTURAL EXTENSION AGENTS AND THE $30,000 ALLOCATION TO FUND THIS AGREEMENT WILL BE UTILIZED TO ASSIST IN MEETING BUDGET REDUCTIONS FOR THE COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT Item #16D20 AN AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE A RESIDENTIAL LOT FOR EXPANSION OF PARKING FACILITIES FOR THE COUNTY'S BAYVIEW PARK AT A COST NOT TO EXCEED $264,700, PROJECT #800603 - FOR AN UNIMPROVED LOT THAT CONSISTS OF .16 ACRES ON DANFORD STREET Item #16D21 AN INTERLOCAL AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR LEASING APPROXIMATEL Y THREE (3) ACRES OF LAND ADJACENT TO ELEMENTARY SCHOOL K AND A BUDGET AMENDMENT FOR $400,000 FROM PARKS AND RECREATION FEE FUND (346) FOR PROJECT #800911 - LOCATED ON WESTCLOX STREET IN IMMOKALEE Item # 16D22 AN INTERLOCAL AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR LEASING Page 257 January 29, 2008 APPROXIMATELY THREE ACRES (3) OF LAND ADJACENT TO ELEMENTARY SCHOOL J AND NECESSARY BUDGET AMENDMENT OF $400,000 FROM PARKS AND RECREATION IMPACT FEE FUND (346) FOR PROJECT #800901- LOCATED ON EVERGLADES BOULEVARD IN GOLDEN GATE ESTATES Item #16E1 RFP #07-4148, SECURITY SERVICES & EQUIPMENT AGREEMENT BETWEEN COLLIER COUNTY AND JOHNSON CONTROLS, INC. ON AN AS-NEEDED BASIS. (NOT TO EXCEED $150,000 PER YEAR) - FOR AN INITIAL TWO YEARS WITH TWO ADDITIONAL ONE YEAR RENEWAL PERIODS Item # 16E2 RATIFY ADDITIONS TO AND A DELETION FROM THE 2008 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM OCTOBER 2, 2007 THROUGH DECEMBER 31, 2007 - PERTAINING TO THE DEPARTMENT OF HUMAN RESOURCES Item # 16E3 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST QUARTER OF FY 08 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E4 Page 258 January 29, 2008 AN AGREEMENT FOR SALE AND PURCHASE WITH RAYMOND BENNETT AND TERRY BENNETT FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - LOCATED IN GOLDEN GATE ESTATES, UNIT 65 FOR THE WINCHESTER HEAD MULTI-PARCEL PROJECT Item #16E5 A LEASE AGREEMENT WITH COLLIER MOSQUITO CONTROL DISTRICT FOR ANTENNA SPACE UPON A COUNTY-OWNED COMMUNICATIONS TOWER - LOCATED AT 312 STOCKADE ROAD IN IMMOKALEE Item # 16E6 - Moved to Item # 1 OJ Item #16F1 RESOLUTION 2008-27: A RESOLUTION PROVIDING FOR USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES, BILLING AND COLLECTION PROCEDURE, HOSPITAL TRANSPORT BILLING AND UP-DATED FEES TO GENERATE REVENUES OF APPROXIMATELY $103,750 WHICH WILL HELP OFFSET AN ANTICIPATED SHORTFALL FOR THE FY 08 BUDGET, ADJUSTMENTS OF EMS USER FEES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96- 36, WAIVER OF EMS USER FEES FOR SPECIAL EVENTS, AND A PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS; SUPERSEDING RESOLUTION NO. 07-192; AND PROVIDING FOR AN EFFECTIVE DATE Page 259 January 29,2008 Item # 16F2 RESOLUTION 2008-28: A RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $9,014.31, AND ANY SUBSEQUENT DISTRIBUTIONS, FROM THE EST A TE AND/OR TRUST OF DELLA E. REYNOLDS ON BEHALF OF THE OCHOPEE FIRE CONTROL DISTRICT Item #16F3 - Moved to Item #10K Item #16F4 A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR NCH HEAL THCARE SYSTEM FOR NON- EMERGENCY AMBULANCE SERVICE AND BUDGET AMENDMENT RECOGNIZING AND APPROPRIATING THE $250 ANNUAL RENEWAL FEE Item #16F5 BUDGET AMENDMENTS - TO PROCESS THE FINAL GRANT PAYMENT REQUEST TO THE NAPLES BOTANICAL GARDEN - BUDGET AMENDMENT #08-113 Item #16Gl A MEMORANDUM OF UNDERSTANDING BETWEEN THE CRA AND BAYSHORE CULTURAL ARTS (BCA) FORA NON- EXCLUSIVE USE OF BA YSHORE GATEWAY TRIANGLE CRA OFFICE SPACE FOR BCA OPERATIONS; AUTHORIZING THE CRA CHAIRMAN TO SIGN; AND TO ACCEPT A BCA ADDITIONAL INSURED CERTIFICATE OF INSURANCE FOR Page 260 January 29,2008 THE CRA-LOCATED AT 2740 BAYSHORE DRIVE, UNITS 17 AN 10 Item #16H1 COMMISSIONER COLETTA'S REIMBURSEMENT SERVING A VALID PUBLIC PURPOSE. ATTENDING THE IMMOKALEE ROTARY SPAGHETTI DINNER, FEBRUARY 8, 2008. $100.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - TO SUPPORT IMMOKALEE YOUTH SPORTS Item # 16H2 COMMISSIONER COLETTA'S REIMBURSEMENT SERVING A VALID PUBLIC PURPOSE. ATTENDING THE ULI 11 TH ANNUAL WINTER INSTITUTE ON THE GULF & PATHFINDER AWARDS CEREMONY, FEBRUARY 21,2008. $65.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT NAPLES HILTON AND TOWERS, 5111 T AMIAMI TRAIL Item # 16H3 COMMISSIONER COLETTA'S REIMBURSEMENT SERVING A VALID PUBLIC PURPOSE. ATTENDING CUB SCOUT WOLF PACK #210 AWARDS DINNER, FEBRUARY 21,2008. $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT CORKSCREW ELEMENTARY SCHOOL Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT FOR Page 261 January 29,2008 ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE LEADERSHIP COLLIER ALUMNI CHALLENGE CELEBRATION ON TUESDAY, FEBRUARY 5, 2008, AT THE HOME OF TODD AND ANGELA GATES; $150.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H5 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE NAPLES PRESS CLUB FIRST "INSIDER BREAKFAST OF 2008" ON THURSDAY, JANUARY 24,2008, AT THE BELLASERA HOTEL; $12.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - 221 9TH STREET SOUTH Item #16H6 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE 58TH ANNUAL ENCA BANQUET ON MONDAY, JANUARY 21,2008, AT NAPLES LAKES COUNTRY CLUB; $35.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H7 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE MARCO ISLAND YMCA STAN GOBER'S ROAST ON THURSDAY, MARCH 20, 2008, AT THE Page 262 January 29, 2008 MARCO MARRIOTT RESORT; $150.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H8 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE MARCO ISLAND LEAGUE BUCCANEERS BASH ON TUESDAY, JANUARY 29,2008, AT THE MARCO ISLAND YACHT CLUB; $50.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H9 TO FILL A VACANT POSITION IN THE BOARD'S OFFICE AS AN EXCEPTION TO THE CURRENT POLICY TO NOT FILL OPEN OR VACATED GENERAL FUND POSITIONS - TO FILL THE ADMINISTRATIVE AIDE TO THE BCC Item #16I1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 263 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORESPOPNDENCE January 29, 2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Collier Mosquito Control District: District map, meeting schedule for 2008 and Final Annual Certified Budget for 2008. B. Minutes: 1) Collier Countv Planning Commission - Form 1: Agenda of January 3, 2007; January 11,2007. Minutes of October 26,2007; October 26, 2007-LCD; November 1, 2007; November 26, 2007-GMP Special Meeting. 2) Contractors Licensing Board: Agenda of January 16,2008. 3) East of 951 Infrastructure and Services Horizon Studv Public Participation Master Plan Committee: Minutes of February 12, 2007; March 19,2007; April 16, 2007; May 14,2007; July 9,2007; September 10, 2007. 4) Environmental Advisorv Council: Minutes of November 7,2007. 5) Isle of Capri Fire Control District Advisorv Committee: Minutes of January 4,2007; December 6,2007. 6) Land Acquisition Advisorv Committee: Agenda of January 14,2008. 7) Pelican Bav Services Division Board: Agenda of January 9, 2007. 8) Public Vehicle Advisorv Committee: Agenda of January 7, 2008. 9) Utilitv Authoritv - Form 1: Minutes of March 26, 2007. 2. OTHER I) Minutes of The Hearing of The Collier Count v Special Magistrate: Minutes of December 7,2007. 2) Clam Bav Committee: Minutes of November 21, 2007. January 29, 2008 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF JANUARY 05, 2008 THROUGH JANUARY 11,2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN CONNECTION WITH PARCEL 134 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. FIRST NATIONAL BANK OF NAPLES, INC., ET AL., CASE NO. 04-3587-CA (IMMOKALEE ROAD PROJECT NO. 66042). (FISCAL IMPACT: $51,000.00)- FOR SUBJECT PROPERTY ACQUIRED BY AN ORDER OF TAKING ON DECEMBER 17,2004 Item # 16K2 A SETTLEMENT AGREEMENT IN THE LAWSUIT ENTITLED VIRGINIA DEVISSE V. BOARD OF COUNTY COMMISSIONERS, ET AL.; FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 05-807-CA - PERTAINING TO THE 20' EASEMENT THAT RUNS THROUGH TRACK "U" IN THE DELASOL DEVELOPMENT Item #17A ORDINANCE 2008-03: PETITION RZ-2006-AR-10422 MYERS ENTERPRISES OF NAPLES, LLC, REPRESENTED BY TIM HANCOCK OF DAVIDSON ENGINEERING., REQUESTED A REZONE FROM THE INDUSTRIAL (I) ZONING DISTRICT TO Page 264 January 29,2008 THE COMMERCIAL DISTRICT (C-4) FOR A 1.83 ACRE PROJECT KNOWN AS NAPLES MAZDA. THE PROPERTY IS LOCATED ON SOUTHWEST CORNER OF AIRPORT ROAD AND J & C BOULEVARD IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17B ORDINANCE 2008-04: REMEDIAL AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, AS SET FORTH IN THE COMPLIANCE AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, INCLUDING PETITIONERS-IN- INTERVENTION, AND TRANSMITTING THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Item #17C ORDINANCE 2008-05: PETITION PUDZ-2007-AR-11121, CHESTNUT RIDGE, LLC, REPRESENTED BY WILLIAM HOOVER, OF HOOVER PLANNING AND DEVELOPMENT, INC., A REZONE OF A 6.01-ACRE SITE FROM THE ESTATES (E) ZONING DISTRICT TO THE MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS CHESTNUT PLACE MPUD, TO ALLOW 24,000 SQUARE FEET OF COMMERCIAL AND/OR OFFICE SPACE AND 6,000 SQUARE FEET OF INSTITUTIONAL SPACE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IMMOKALEE ROAD (CR-846) AND EVERGLADES BOULEVARD ON TRACTS 113 AND 114, IN SECTION 29, Page 265 January 29, 2008 TOWNSHIP 47 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA Item #17D RESOLUTION 2008-29: PETITION V A-2007-AR-12232, JOHN HAMILTON, REPRESENTED BY MICHAEL T. TRAFICANTE, ESQ., AN AFTER-THE-FACT VARIANCE OF APPROXIMATELY 1.4 FEET. THE O.13-ACRE SITE CONTAINS A SINGLE-FAMILY DWELLING WITH A 3.6-FOOT SIDE YARD SETBACK INSTEAD OF THE 5-FOOT SETBACK REQUIRED WHEN THE HOUSE WAS CONSTRUCTED IN 1973. THE SUBJECT SITE IS LOCATED AT 85 SHORES AVENUE, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17E ORDINANCE 2008-06: PUDZ-05-AR-8416 PEZZETINO DI CIELO RPUD, DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC, REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND RICHARD YOV ANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN AND JOHNSON, P.A., A REZONE FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR PROJECT KNOWN AS PEZZETINO DI CIELO RPUD. THE SUBJECT PROPERTY, CONSISTING OF 17.52 ACRES, IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, APPROXIMATELY 4.5 MILES NORTH OF IMMOKALEE ROAD AND 5 MILES SOUTH OF THE LEE COUNTY LINE, SECTION 12, TOWNSHIP 48 SOUTH, RANGE Page 266 January 29, 2008 25 EAST, COLLIER COUNTY, FLORIDA ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair at 5:45 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPE~ST CTS ~ER ITS CONTROL TOM HENNING, Chai an A TTE&t1n ... DWl.. 'GH.'"T.:Jt1.}ROCK,_CLERK . :lttul" ,to eM I"... , ~ .... .... t...~l~ 3::.";~k R ~'. -~ - , " . :> i'>/ These minutes apP7Y the Board on <:9--1 cl &t!c&. , as presented l or as corrected I . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 267