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BCC Minutes 04/08-09/2008 R April 8-9, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 8-9, 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, BCC Executive Manager Crystal Kinzel, Director of Finance, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O~~\ .', /. ~ I < :~ r, ' ( I I' ...... )1 ,,\ AGENDA April 8, 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 April 8, 2008 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) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Bob N. Wallace, Everglades Community Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 4,2008 - BCC/Affordable Housing Workshop C. March 6, 2008 - District 1 Town Hall Meeting D. March 11, 2008 - BCC/Regular Meeting E. March 27, 2008 - BCC/Congressman Connie Mack Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 5- Year Recipients 1) Thomas Finn - Bayshore Beautification MSTU Advisory Committee Page 2 April 8, 2008 2) John Iaizzo - Pelican Bay Services Division Board 3) Patricia Spencer - Golden Gate Beautification Advisory Committee 10-Year Recipients 1) Bill Neal- Bayshore Beautification MSTU Advisory Committee 2) Karen Acquard - Golden Gate Estates Land Trust Committee 4. PROCLAMATIONS A. Proclamation to recognize Every Day is Tag Day and to encourage pet owners to participate in events related thereto in this community. To be accepted by Amanda Townsend, Interim Director, Domestic Aminal Services and staff members. B. Proclamation designating April 13-19, 2008 as National Crime Victims' Rights Week. To be accepted by Angela Larson from the Collier County Sheriffs Office, Betty Ardaya from the State Attorney's Office, Shaina Hicks from Project Help, and a representative from the Shelter for Abused Women and Children. C. Proclamation designating April 16, 2008 as National Start Walking Day. To be accepted by Al Reynolds on behalf of the American Heart Association. D. Proclamation initiating a campaign dedicated to preventing sexual exploitation of children. To be accepted by Amelia Vasquez, Program Manager from the local National Center for Missing and Exploited Children (NCMEC). E. Proclamation designating April 22, 2008 as Earth Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Director; Joe Bellone, Revenue Services Manager, Utility Billing and Customer Service; and Ray Smith, Pollution Control Department Director. 5. PRESENTATIONS A. Presentation to recognize Cathleen Feser, Urban Horticulture Agent, Collier County University Extension, for being chosen as one of the University of Florida's top Horticultural Educators. Page 3 April 8, 2008 B. Presentation on the status of the Santa Barbara Road Expansion Project. The project requirements include the expansion and improvement of Santa Barbara Blvd. from four (4) lanes to six (6) lanes for 4.25 miles and of Radio Road from two (2) lanes to four (4) lanes for 1.22 miles. The scope of the work includes bridge widening over Interstate 1-75 and Golden Gate Canal, drainage improvements, utility relocations, noise abatement walls, signalization and lighting enhancements, and landscaping improvements. C. Presentation by Murray Hendel and Jack Nortman from the Holocaust Museum of Southwest Florida. 6. PUBLIC PETITIONS A. Public petition request by Similien Ancelot to discuss Haitian Flag Day. B. Public petition request by James Walker to discuss impact fees for a commercial site in Immokalee, FL. C. Public petition request by Marcia Cravens to discuss renewal of lO-year permit for Clam Bay Restoration & Management Plan. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Ordinance amending Ordinance 91-65, as amended, pertaining to the Affordable Housing Commission, codified in Chapter 2, Article VII, Division 9, of the Code of Laws and Ordinances, by amending the required composition and membership criteria of the Affordable Housing Commission to be consistent with recent legislation enacted by the Florida Legislature HB 1375; amending Section Eight, Duties of Department Heads to correctly reference the Director of Housing and Human Services. B. This item is to be continued to the Mav 13, 2008 BCC meetinl!. This item reauires that all participants be sworn in and ex parte disclosure Page 4 April 8, 2008 be provided bv Commission members. PUDZ-A-2007-AR-II723: Amy Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Goodlette, Coleman and Johnson, request a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MPUD) for the Vanderbilt Trust 1989 PUD, to allow a maximum of 80,000 square feet of commercial land uses and a maximum of 200 assisted and independent living facilities for persons over the age of 55 at a 0.6 floor area ratio. The property is approximately 7.8 acres and is located on the north side of Vanderbilt Beach Road, approximately 1/4 mile east of Livingston Road, Section 31, Township 48, and Range 26, Collier County, Florida. C. Public Hearing for Petition CP-2006-1, a Growth Management Plan amendment to the Immokalee Area Master Plan and Future Land Use Map and Map Series (Transmittal Hearing) 9. BOARD OF COUNTY COMMISSIONERS A. This item to be heard on Wednesday, April 9, 2008 at 9:00 a.m., immediately followinl! a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by Board of County Commissioners for the 5 finalists for the County Attorney position. B. Appointment of members to the Historical! Archaeological Preservation Board. C. Appointment of members to the Immokalee Master Plan and Visioning Committee. D. Recommendation to declare a vacancy on the County Government Productivity Committee. E. Appointment of members to the County Government Productivity Committee. F. Appointment of members to the Tourist Development Council. G. Appointment of members to the Collier County Coastal Advisory Committee. H. Appointment of a member to the Forest Lakes Roadway & Drainage Page 5 April 8, 2008 Advisory Committee. I. Reconsideration of Item #IOG from the March 25,2008 BCC Meeting with reference to final approval of the roadway (private) and drainage improvements for the final plat ofOlde Cypress Unit One (Olde Cypress PUD). (Commissioner Henning request) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners reconsider the Land Development Code Amendment addressing the calculation of the maximum number of wets lips when a shoreline is in a Conservation Easement (William D. Lorenz, Engineering & Environmental Services Director, CDES) B. Obtain direction from the Board of County Commissioners on restricting the use of remaining funds for deferral of Collier County impact fees for owner- occupied affordable housing units for FY08. (Marcy Krumbine, Housing and Human Services Director) C. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $50,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of Oil Well Road, Collier Boulevard (Davis to N of GG Main Canal) & Davis Boulevard (Collier Boulevard to Radio Road); authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Norman Feder, Transportation Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Page 6 April 8, 2008 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 to approve final acceptance of the water and sewer utility facilities for Olde Cypress Tract 9 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 102. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra, Phase Three East - Unit One 4) Recommendation to approve final acceptance of the water utility facility for Mediterra, Parcel 125 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock with the roadway and drainage improvements being privately maintained. 6) Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Stpetim Ramku, Case No. 2005120195 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Stratford Place (Whippoorwill Woods PUD), the roadway and drainage improvements will be privately maintained. 8) Recommendation to grant final approval of the roadway (private) and Page 7 April 8, 2008 drainage improvements for the final plat of Mediterra Parcel 101 with the roadway and drainage improvements being privately maintained. 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra ParcellOlA with the roadway and drainage improvements being privately maintained. 10) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Naples Motorcoach Resort, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 11) Recommendation that the Board of County Commissioners (BCC) authorize the Chairman to sign the Release and Satisfaction of Lien for a compromise and settlement of the code enforcement lien amounts, in the Code Enforcement Board action entitled Collier County v. Robert Lockhart, CEB Case No. 2004-26 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 102 with the roadway and drainage improvements being privately maintained. 13) Recommendation to have the Board of County Commissioners approve project review and inspection fees based on actual time spent reviewing and inspecting drawings for the emergency exit/access road from 1-75 into the Big Cypress Preserve proposed by the Federal Highway Administration. 14) To ensure the pending issuance of a permit to erect a new ground sign meets with the intent of the Board of County Commissioners' actions on June 25, 2002 when they directed the County Manager to re-instate a sign permit for an existing ground sign currently located at 7770 Preserve Lane which had been previously revoked by staff. B. TRANSPORTATION SERVICES 1) Recommendation for the Board of County Commissioners to approve Page 8 April 8, 2008 a budget amendment to recognize carryforward in the amount of $173,986.40 and to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $333,356.82 for Project No(s). 600501, 601202 and 690822. 2) Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed limit reduction from forty-five miles per hour (45 mph) to forty miles per hour (40 mph) on Northbrooke Drive for the section 200 feet north of Millcreek Lane north to its terminus at Quail West development. 3) Recommendation to recognize and accept revenue for Collier Area Transit in the amount of$9,264.05 and to approve needed budget amendments. 4) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for traffic accidents in the amount of $33,871.23 and appropriate within each fund center. 5) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize the transfer of funds from several projects in the Collier County Transportation Pathways Program into Project No. 690811 for the Collier County Transportation Pathways Program in the amount of$I,015,643.81. 6) Recommendation to direct Staff to bring back an amendment to Collier County Ordinance No. 97-82, as Amended, the Bayshore Avalon Beautification Municipal Service Taxing Unit removing all references to the word Avalon from the title of the MSTU and throughout the Ordinance. 7) Recommendation to reject Bid No. 08-5016 On-Call Landscape and Irrigation Services. 8) Recommendation to award Bid #08-5053 Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) M.S.T.D Annual Maintenance Contract to Caribbean Lawn & Garden of SW Naples Fl, Inc. in the amount of$61,638.75 (Fund 111 Cost Center 163860). 9) Recommendation to award Bid #08-5054 Golden Gate Blvd. Phase 1 Page 9 April 8, 2008 (951 to 29th Street SW), Phase 2 (29th Street SW to 13th Street SW) and 13th Street SW (Chicane medians) Annual Maintenance Contract to Renfroe & Jackson, Inc. in the amount of $102,470.25 (Fund 111 Cost Center 163815). 10) Recommendation to approve a Purchase Agreement for the purchase of 0.583 acres of unimproved property, required for the six-Ianing of Davis Boulevard (Capital Improvement Element No. 33, Project No. 60073). Estimated fiscal impact: $ 125,000.00. 11) Recommendation to award Bid #08-5055 The Purchase and Delivery of Fertilizer to the Agriliance (dba ProSource One) and Florikan ESA Corp for the annual fertilizer providers at an estimated annual expenditure of $200,000.00 12) Recommendation to approve a resolution designating a parcel ofland within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. 13) Recommendation to approve an amendment to the Developers Contribution Agreement (DCA) recorded in Official Records Book 4187, Page 2310, between Waterways Joint Venture VII (Developer) and Collier County (County) to amend the closing date and define the mitigation and severance terms due to the ongoing permitting delays associated with the Davis Boulevard water management permit. 14) Approve the purchase of2.5 acres of improved property (Parcel No. 1510) which is required for road right-of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168. ($400,000) C. PUBLIC UTILITIES 1) Recommendation that staffbe directed to advertise an amendment to Ordinance 97-33 Collier County Cross Connection Control Ordinance. 2) Recommendation to accept a Right of Entry required for access to Master Pump Station 317 at a recording cost not to exceed $10.00, Project #730841. 3) Recommendation to approve the acquisition ofa lO-foot by 213-foot Page 10 April 8, 2008 Utility Easement located at 4737 Tamiami Trail East at an estimated cost not to exceed $8,200, Project Number #730451. 4) Recommendation to approve a Utility Easement required for Master Pump Station #304 at East Naples Community Park at a recording cost not to exceed $27.00, Project #739701. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Beatrice Louimare and Lutherken Louimare (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 111, Liberty Landing, Immokalee. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jonel Senat and Micheline Senat (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 25, Liberty Landing, Immokalee. 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean- Jacques Seide and Marie Seide (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 48, Trail Ridge, East Naples. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Jouissance (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 179, Trail Ridge, East Naples. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Roger Bolivar and Lomene Bolivar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 177, Trail Ridge, East Naples. 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Melissa Page 11 April 8, 2008 Scott (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 113, Liberty Landing, Immokalee. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ulrick Liberus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 56, Trail Ridge, East Naples. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sueko Nakasone Holland (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 106, Liberty Landing, Immokalee. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie Marlene Rocher (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 37, Liberty Landing, Immokalee. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jesumene Jules (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 54, Trail Ridge, East Naples. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raye Lloyd and Avril Carr (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1406, North Naples. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Babett Moser (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1401, North Naples. 13) Recommendation that the Board of County Commissioners approves, Page 12 April 8, 2008 and authorizes the Chairman to sign, a lien agreement with Cidouane Bazile and Edrine Andre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 105, Liberty Landing, Immokalee. 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Miss Denie Charles and Jean Fortilus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 55, Trail Ridge, East Naples. 15) Recommendation to approve and execute a Lease Agreement with Goodwill Industries of Southwest Florida, Inc. for space to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts Center, located at 905 Roberts Avenue in Immokalee for an annual cost of$12,000. The cost of this rental will be paid from Older Americans Act grant funding. 16) Recommendation to approve a request by the Marco Island Historical Society to name in perpetuity the new County-owned museum to be constructed on Marco Island as the Marco Island Historical Museum. 17) Recommendation that the Board of County Commissioners accept and approve a Federally-Funded 2005 Supplemental Disaster Recovery Sub grant Agreement with the Florida Department of Community Affairs in the amount of$2,814,698.l5, approve an associated budget amendment to implement the Supplemental Disaster Recovery Initiative programs, and adopt a Resolution authorizing the Chairman to sign the Agreement and authorizing the County Manager or his designee to submit required reports or other documents which are solely ministerial in nature. 18) Recommendation to waive the formal bid process and authorize an agreement with the Pepsi Cola Bottling Company of Naples for a period of 18 months for beverage service for North Collier Regional Park. ($45,000) 19) Provide 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 Page 13 April 8, 2008 amount deferred and the balance remaining for additional deferrals in FY08. 20) Recommendation to approve a Budget Amendment moving $106,500 from the General Fund Appropriation for Property Insurance Premiums to Library Operating Budgets in the Public Services Division. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve change order No.2 to work order No. PBS-FT-3971-07-16 with Professional Building Systems (PBS) for the Primary Data Center project. ($5,762.70) 2) Recommendation to approve a Lease Agreement with Sub-Carrier Communications, Inc., for antenna space needed for the Countys SafePoint Location System, a component of the Countys 800 MHz public safety radio network, at a first years rent cost of $3,600. 3) Request for the Board to waive the competitive quotation process and allow payments to Sunshine Pharmacy for prescription medication to medically needy clients in the Social Services Program for a total not to exceed $50,000. 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 5) Recommendation to approve and execute documents necessary for the conveyance to Florida Governmental Utility Authority of water and wastewater utility facilities located at the Golden Gate Library, at a cost not to exceed $200, Project #54261-1. F. COUNTY MANAGER 1) Recommendation to provide EMS staff direction to research and propose amendments to Section 50-104 of the Code of Laws and Ordinances of Collier County, Florida known as the Community Automated External Defibrillator (AED) Ordinance. 2) Recommendation to approve Memorandum of Understanding for emergency situations between Collier County and Farm Worker Page 14 April 8, 2008 Village 3) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland fire fighting equipment and protective clothing, and approval of necessary budget amendments. ($4,784) 4) Recommendation that the Board of County Commissioners approve an Interlocal Service Boundary Agreement with the North Naples Fire Control and Rescue District for purposes of providing services to that area annexed into the City of Naples (City) pursuant to Ordinance 07- 11886, adopted December 19,2007, by the City, comprised of approximately 204.73 acres, located at 3880 Goodlette-Frank Road, as requested by Hole in the Wall Golf Club, Inc., a Florida not-for-profit corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a Florida not-for-profit corporation (.54 acres). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to revoke a Site Improvement Grant Agreement 0412007 between the CRA and Luis Fonseca and Idalia Alvarado due to applicants failure to meet terms of the agreement. (Site address: 3095 Linwood Avenue) 2) Recommendation for the Community Redevelopment Agency to approve an Agreement with Florida Power and Light (FP&L) for the installation and service of lights on existing power poles south of Thomasson Drive along the Bayshore Drive corridor; authorize the CRA chairman to execute the Agreement on behalf of the Board; approve and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for the costs of installation and associated monthly fees. (Fiscal Impact $10,250.00 over 10 years). H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose to attend the Glenn Tucker Appreciation Reception Tuesday, March 25,2008 at the Page 15 April 8, 2008 Marco Island Yacht Club. $25.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She will be attending the Naples Botanical Garden Grey Oaks Tour and Luncheon Wednesday, May 14,2008 at the Naples Botanical Garden. $40.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She attended the East Naples Civic Association Luncheon Thursday, March 20, 2008 at Carrabba's. $21.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. She attended the Riviera Ladies Luncheon Wednesday, March 19,2008 at the Riviera Golf Estates Club House. $7.50 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 15, 2008 through March 21, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 22, 2008 through March 28, 2008 and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners recognize the final disposition of funds collected under Ordinance 04-42 by the Clerk of Courts to fund the Collier County Juvenile Assessment Center Agreement with the David Lawrence Center. Page 16 April 8, 2008 K. COUNTY ATTORNEY 1) Recommendation to reject the Offers of Judgment to the County in the lawsuit styled CC v. Edward Stanely Sanditen, et aI., Case No. 02- 5165-CA (Immokalee Road Project No. 60018) 2) Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v. Charles R. Wilson, et aI., Case No. 02-5164-CA (Immokalee Road Project No. 60018) 3) Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road Project No. 60018) 4) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel I 83RDUE in the Collier County v. Jorge B. Echezarraga, et aI., Case No. 07-3278-CA, Oil Well Road Project #60044. (Fiscal Impact: $5,350.00). 5) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel I 69RDUE in the Collier County v. Jose Munoz, et aI., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal Impact: $4,050.00). 6) Recommendation to approve settlement from Defendant, D.N. Higgins, Inc. and Dillard Smith, Construction Company, in the lawsuit entitled BCC vs. Florida Power & Light Company, et aI., filed in the Twentieth Judicial Circuit, Florida, Case No. 07-2683-CA, for $13,500. 7) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of$165,000.00 for the acquisition of Parcels 108FEE and 108TCE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et aI., Case No. 07-4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $82,700.00) 8) Recommendation to Approve a Mediated Settlement Agreement and a Page 17 April 8, 2008 Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $260,350.00 for the acquisition of Parcels 107FEE, 107TCE and 109FEE in the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et aI., Case No. 07-4335-CA (Santa Barbara Boulevard Extension Project #60091). (Fiscal Impact: $74,000.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item was continued from the March 25, 2008 BCC Meetinl!. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to Fiscal Year 2007-08 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 18 April 8, 2008 April 8-9, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HENNING: Welcome to the Board of County Commissioner's Regular Meeting, April 8, 2008. We are going to do the invocation led by Dr. Bob Wallace from Everglades Community Church, and following that we will to do the Pledge of Allegiance. So would you all rise. DR. WALLACE: Let us pray. Father, help us to pray for your government and community leaders throughout our towns, cities, states, and nation, especially here in Collier County. Give these who are in authority in our own county wisdom in every decision, help them to think clearly, grant them discernment and common sense so they will be strong and effective leaders, help them to lead and govern with integrity, give them insight to guide them and keep them on track in their deliberations, for their decisions have a great impact on our lives. Be their defender and protector and keep them always on guard, encourage and strengthen them and give them the wisdom they need for this day, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager, would you walk us through today's change list? Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners' meeting, April 8, 2008. First item is continue item 6B to the April 22, 2008, BCC meeting. It's a public petition request by James Walker to discuss Page 2 April 8-9, 2008 impact fees for a commercial site in Immokalee, Florida, and that item is being continued at the petitioner's request. Next item is 8A. Under staff recommendations it should read, to include, rather than included, an additional two members and designate, rather than designated, membership, and that clarification is at Commissioner Fiala's request. Next item is to add on item 4F. It's a proclamation designating April 13th through the 19th, 2008, as the National telecommunication -- Telecommunicator's Week, to be accepted by Commander Bill Rule of the Sheriffs Department, and that add is at staffs request. The next item is to move item 16B 12 to 10D, and that's a recommendation to approve a resolution designating a parcel of land within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. Item is being moved at Commissioner Fiala's request. Next item is item 16B14. The title on the index of this item shows the dollar amount of four thou -- excuse me -- as $400,000. The correct amount as shown on the executive summary is $400,800, and that clarification is at staffs request. Next item is item 16D17, page 39 of 57, project work plan number three. The project budget dollar amount should be $1,438,257.21 rather than $1,336,257.21, and that clarification's at staffs request. Next item is to move item 16F1 to 1OE. This is a recommendation to provide EMS staff direction to research and propose amendments to section 50-104 of the Code of Laws and Ordinances of Collier County, Florida; known as the community automated external defibrillator, AED, ordinance, and that item is being moved at Commissioner Henning's request. One item not on your printed sheet, and I picked it up this morning on my voice mail on the telephone, is to move item 16F4. Again, move item 16F4 to 10F. This item is being moved at Page 3 April 8-9, 2008 Commissioner Fiala's request, and 16F4 reads, it's a recommendation that the Board of County Commissioners approve an inter-local service boundary agreement within North Naples Fire Control and Rescue District for purposes of providing services to areas annexed into the City of Naples pursuant to ordinance 07-11886 adopted December 19,2007, by the city, comprised of approximately 204.73 acres, located at 3880 Goodlette-Frank Road as requested by -- as requested by Hole in the Wall Golf Club, Inc., a Florida not-for-profit corporation, and Royal Poinciana Golf Club, Inc., a Florida not - for-profit corporation. And then we have a series of time certain items. Again -- excuse me. That is to move item 16F4, which I just read, to item 10F. Again, at Commissioner Fiala's request. We have a couple of time certain items today on the board meeting, and that's item 9A to be heard on Wednesday, April 9, 2008, at nine a.m. immediately following the coffee reception at eight a.m. in the BCC conference room, applicant interviews by Board of County Commissioners for the five finalists for the County Attorney position. The next time certain item is item lOA to be heard at two p.m. today. It is a recommendation that the Board of County Commissioners reconsider the Land Development Code amendment addressing the calculation of the maximum number of wet slips when a shoreline is in a conservation easement. That's all I have, Mr. Chairman and Commissioners. CHAIRMAN HENNING: Thank you, County Manager. David Weigel, do you have anything today? MR. WEIGEL: Thank you, Mr. Chairman. Good morning, Commissioners. Just noting that in regard to the time certain item lOA set for two o'clock, this is a reconsideration item of a Land Development Code Amendment that typically, normally, procedurally, it would be an advertised item. Page 4 April 8-9, 2008 My understanding from staff is that it was not advertised for today, that there is, in fact, procedure in line for advertisement so that it could be available for the next meeting. But I just mention that for the record right now so that when the item does come up at two o'clock, I'll be addressing the board in regard to some, we'll call, just legal discussion in regard to how it may proceed. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Can I ask a question concerning that? David, should we consider it at all today if we haven't properly advertised this? MR. WEIGEL: My preference, Commissioner, would be that it not be considered today so that there would be no -- no misunderstanding that the discussion today should have been part and parcel of the advertised hearing if, in fact, we're truly talking about the reconsideration of the item. If the board or a board member wishes to talk about the matter generally apart from reconsideration, that would need to be made very apparent at the beginning of the item being called, because obviously this is noticed as a reconsideration item that has been -- has come to this point in time by virtue of motion and vote prior to this meeting. COMMISSIONER COYLE: Then since I was the one who initiated the request for reconsideration, I would prefer that it not come before the board this afternoon at two p.m. until it's properly advertised. I think it's a waste of everybody's time, including the public and other people who wish to speak on it. COMMISSIONER HALAS: I think there's -- Commissioner, I think there are some people from the public that were planning on coming. So hopefully they're out there in TV land watching what's going on and understand that we're not going to go forward with this item today. COMMISSIONER COYLE: Yeah. I think it's best to cover the Page 5 April 8-9, 2008 bases legally. This is a very important issue and, you know, I'm surprised we didn't follow the proper procedures here, but -- COMMISSIONER HALAS: So am I. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Will this, in any way, be problematic, being that we have to bring up reconsideration in so many days? Will that be a problem? MR. WEIGEL: That's a very good question, but no, it's not. We have conformed -- the board has conformed with the procedural rules for reconsideration and the manager has as well in setting this for a date certain within the parameter of the ordinance. The board has the prerogative of continuing or postponing this to a date certain. A motion to continue would be appropriate. COMMISSIONER FIALA: Thank you. COMMISSIONER COYLE: Then I'll make that motion to continue, Mr. Chairman, if you don't mind. MR. WEIGEL: And the date certain-- COMMISSIONER COYLE: And the date certain will be the following -- what is the date of the following board meeting? CHAIRMAN HENNING: April 22nd. MR. MUDD: The 22nd of April, sir. The 22nd of April, sir. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Coyle and second by Commissioner Fiala to continue 8A (sic) to the April 22nd meeting. MR. MUDD: lOA. MR. WEIGEL: lOA, sir. CHAIRMAN HENNING: lOA, and that is the reconsideration of the Land Development Code Amendment addressing shoreline conservation easements. Any discussion on the motion? Page 6 April 8-9, 2008 (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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Well, it's going to be a short day today. Let's go to any further changes by the board members and ex parte communication on the consent agenda. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Good morning, Chairman Henning. CHAIRMAN HENNING: Good morning. COMMISSIONER COLETTA: The -- I have no changes to the agenda, and a disclosure would be for item 16AlO. I had meetings with Rich Y ovanovich, multiple calls, multiple correspondence and many emails. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, a couple things. First on the consent agenda, 16AI0. This is the Naples Motorcoach Resort, and I think it was -- before then it was Graystone or gray something or another, and so I have a plethora of emails and correspondence on this particular agenda item. Nothing on the summary agenda. And also, Commissioners, I wanted to talk to you for just a minute and -- tomorrow we're supposed to be talking about the attorneys and we're supposed to be interviewing the attorneys, and we're supposed to be interviewing five of them, but we've already had Page 7 April 8-9, 2008 one drop-off, that's four. And then, according to Sue Filson, the other day we have one who felt that he didn't have the time to interview with us for the breakfast in the morning and he didn't have the time to fill out the questionnaire that was sent to him, so it outfalls like we have three to interview. And I was just wondering if we would want to ask Sue Filson to bring us back a couple more inter -- or candidates, excuse me, at another time to also interview so that we have more of a selection other than just three. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yeah, Commissioner Coyle? COMMISSIONER COYLE: Yeah. I understand Commissioner Fiala's desire to broaden the search as much as possible, but I think it would create many problems to do that. We've gone to great pains to make sure we get these people here to be interviewed at the same time. If we interview one group here and then call in another group later on, they're going to have the benefit of all the testimony and the questions and answers and everything else. I think it creates an unfair playing field. I think the thinning out of the number of applicants is exactly what this process is all about. And if we don't wind up with five to interview tomorrow, that's fine, you know, because we're weeding out those who really are interested in the job. COMMISSIONER HALAS: That's right. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I agree with Commissioner Coyle, and I'd also like to add that the three candidates that we're going to be interviewing tomorrow doesn't mean that we have to accept any of the three. We can always re-advertise and go back out again. Page 8 April 8-9, 2008 MS. FILSON: You're actually going to have four tomorrow. He just may be late for the coffee. COMMISSIONER FIALA: Did he fill out the questionnaire? MS. FILSON: He filled it out and I put it in your package with a little tab. COMMISSIONER COYLE: It wasn't filled out probably to your satisfaction, but -- COMMISSIONER FIALA: Oh, so politically correct, Sue. Thank you. CHAIRMAN HENNING: I have no further changes to today's agenda and I have no ex parte communications on today's consent agenda. Commissioner Halas? COMMISSIONER HALAS: Good morning, Chair. I have no changes to today's agenda and I have nothing to bring forth as far as the consent agenda, and I have no ex parte in the summary agenda. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have no further changes to the agenda. And with respect to the consent agenda item 10 -- 16AI0, I have nothing other than what might have appeared before us in an earlier hearing. I have no disclosure concerning this particular item, and I have no disclosure for the summary agenda. CHAIRMAN HENNING: Sue? MS. FILSON: Mr. Chairman, I do have a speaker for the consent agenda. CHAIRMAN HENNING: Okay. MS. FILSON: Item 16A14. Would you like me to call him at this time? CHAIRMAN HENNING: Please. MS. FILSON: George Chami. MR. CHAMI: Thank you very much. Good morning, Mr. Page 9 April 8-9, 2008 Chairman; good morning, Commissioners. I came in front of you six years ago, and frankly, I never thought that I would be back here today. We discussed six years ago about the sign, the pylon sign for my project, for the town market on Immokalee Road on Preserve Lane. Six years, or seven years ago, in fact, we went in front of the county staff and basically presented our project. Our project's totally -- totally new, totally unique concept. Basically the staff, in every single department, approved the product as not going a gas station, not being a gas station. They provide us less parking than a gas station. They approved us as being a municipal uses facility. The SDP definitely approved as being multi-use facility. The buffer for the landscaping was also not being approved as a gas station. Every single item from the project was very clearly mentioned that it is not a gas station. Unfortunately, just before opening, the staff -- or one member of the new staff had a different opinion. One person had different opinion. They stopped the permit for the sign. They stopped impact fees for the sign, or for the whole project. We had to pay more impact fees. We were being told to go to court if we're not happy. We understand very well it was a very touchy subject for the impact fees. The sign, you were extremely gracious and you were extremely fair, and you gave us back the permit. You reinstated the permit at the time to give us the right to go 15 feet high and 80 feet copy. It was very clear; we had discussion over discussion. Staff had two items, to deny or revoke the permit. Number one, we are an out parcel. Weare definitely not an out parcel. In fact, we demonstrated to you at the time -- it was Cuyler who was my attorney at the time -- that out parcel is not even defined. To be an out parcel, you have to be out ofa major parcel. We are not even out ofa major parcel. We're not part of a shopping center. Weare by ourselves. Today, in executive summary, they go back on the same item byn Page 10 April 8-9, 2008 saying we are an out parcel. If we are an out parcel, why they allowed the parcel across the street from me to have also identical sign? And they are even less than one acre. So we have to be consistent. Meanwhile, they gave -- my parking is not consistent with a gas station. My landscaping is not consistent with a gas station. Nevertheless, my project is 11,200 square feet. I have inside, I can show you pictures, totally unique bakery with Sarita bread up to Atlanta. We have -- we have all the major flophouses here in town -- CHAIRMAN HENNING: Mr. Chami, are you requesting the board to take this item off the consent agenda -- MR. CHAMI: Please. CHAIRMAN HENNING: -- and put it on the regular agenda? MR. CHAMI: I really appreciate to do that. CHAIRMAN HENNING: For the record, the speaker's name is George Chami. MR. CHAMI: My apologies. CHAIRMAN HENNING: Commission Coletta? COMMISSIONER COLETTA: Yes. I think you just hit the nail on the head, Commissioner Henning. I would like to see it pulled off the consent agenda because the consent agenda basically means that we have agreement, met with staff, with the petitioner, and everyone else out there, and there's obviously some disagreement. CHAIRMAN HENNING: Is that a motion to approve -- COMMISSIONER COLETTA: That's a motion to approve. CHAIRMAN HENNING: -- today's agenda and pulling 16-- MR. MUDD: 16A14. CHAIRMAN HENNING: -- A14 off the agenda? COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: And that would be -- become? COMMISSIONER COYLE: lOG. MR. MUDD: lOG, sir. Page 11 April 8-9, 2008 CHAIRMAN HENNING: lOG? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER COYLE: I'll second it. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner Coyle, to accept the agenda as amended. 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. MR. CHAMI: Thank you very much, God bless. Page 12 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 8. 2008 Continue Item 6B to the April 22. 2008 BCC meetinCl: Public petition request by James Walker to discuss impact fees for a commercial site in Immokalee, FL. (Petitioner's request.) Item 8A: Under Staff Recommendation, it should read, " . . . . to include (rather than included) an additional two members and designate (rather than designated) membership. . . . ." (Commissioner Fiala's request.) Add On Item 4F: Proclamation designating April 13-19, 2008 as "National Telecommunicator's Week". To be accepted by Commander Bill Rule. (Staff's request.) Move 16B12 to 10D: Recommendation to approve a resolution designating a parcel of land within the Collier County Government Center campus for use as an intermodal transit passenger transfer facility. (Commissioner Fiala's request.) Item 16B14: The title on the index of this item shows the dollar amount as $400,000. The correct amount as shown on the executive summary is $400,800. (Staff's request.) Item 16D17: Page 39 of 57, Project Work Plan #3, the Project Budget dollar amount should be $1,438,257.21, rather than $1,336,257.21. (Staff's request.) Move Item 16F1 to 10E: Recommendation to provide EMS staff direction to research and propose amendments to Section 50-104 of the Code of laws and Ordinances of Collier County, Florida known as the Community Automated External Defibrillator (AED) Ordinance. (Commissioner Henning's request.) Time Certain Items: Item 9A to be heard on Wednesday. April 9. 2008 at 9:00 a.m.. immediatelv following a coffee reception at 8:00 a.m. in the BCC Conference Room. Applicant interviews by Board of County Commissioners for the 5 finalists for the County Attorney position. Item 10A to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners reconsider the land Development Code Amendment addressing the calculation of the maximum number of wet slips when a shoreline is in a Conservation Easement. April 8-9, 2008 Items #2B, #2C, #2D and #2E MINUTES OF THE MARCH 4, 2008 BCC/ AFFORDABLE HOUSING WORKSHOP; MARCH 6, 2008 DISTRICT #1 TOWNHALL MEETING; MARCH 11, 2008 BCC REGULAR MEETING AND THE MINUTES OF THE MARCH 27, 2008 BCC MEETING WITH CONGRESSMAN CONNIE MACK - APPROVED AS PRESENTED CHAIRMAN HENNING: Entertain a motion to approve the March, 2004 -- or March 4, 2008, BCC/affordable housing workshop; March 6, 2008, district 1 town hall meeting; March 11, 2008, BCC/regular meeting; and March 27, 2008, BCC/Congressman Connie Mack meeting. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, 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. Now we have advisory committee service awards. And Commissioners, I would ask you to join me in front of the dais to Page 13 April 8-9, 2008 present these awards. Item #3 SERVICE AWARDS: 5 YEAR RECIPIENTS - PRESENTED MR. MUDD: Commissioners, this is service awards, advisory committee service awards. The first awardee is Thomas Finn. He's spent five years working on the Bayshore Beautification MSTU Advisory Committee. Mr. Finn, if you could please come forward. Mr. Finn? Mr. Thomas Finn? (No response.) MR. MUDD: Okay. The next awardee is John Iaizzo. I hope I've got it right. If! mispronounced it, he can help me when I (sic) get up. John Iaizzo, five years, the Pelican Bay Services Division Board. (No response.) MR. MUDD: Okay. The next awardee is Patricia Spencer, and she spent five years on the Golden Gate Beautification Advisory Committee. Ms. Spencer, please come forward, if you would, please. Thank you. (Applause.) COMMISSIONER FIALA: Thanks for all you're doing. COMMISSIONER COLETTA: Thank you for your service. COMMISSIONER HALAS: Thanks for your dedicated service. CHAIRMAN HENNING: Thanks a lot. COMMISSIONER COYLE: Thank you very much. MR. MUDD: The next awardee is-- (Applause.) Item #3 Page 14 April 8-9, 2008 SERVICE AWARDS: 10 YEAR RECIPIENTS - ABSENT MR. MUDD: The next awardee is Karen Acquard for 10 years with the Golden Gate Estates Land Trust Committee. Ms. Acquard? (No response.) MR. MUDD: Commissioner, that basically ends our service awards for today. CHAIRMAN HENNING: Great. Item #4A PROCLAMATION RECOGNIZING THAT EVERY DAY IS TAG DAY AND TO ENCOURAGE PET OWNERS TO PARTICIPATE IN EVENTS RELATED THERETO IN THIS COMMUNITY. ACCEPTED BY AMANDA TOWNSEND, INTERIM DIRECTOR, DOMESTIC ANIMAL SERVICES AND STAFF MEMBERS- ADOPTED MR. MUDD: Commissioners, that brings us to proclamations. The first proclamation today is to recognize Earth Day -- or excuse me -- to recognize every day as Tag Day and to encourage pet owners to participate in events related thereto in this community. To be accepted by Amanda Townsend, interim director, Domestic Animal Services, and staff members. COMMISSIONER COYLE: It gives me great pleasure to read this proclamation. Whereas, we have been endowed not only with the blessings and benefits of our animal companions who give us friendship and great pleasure in our daily lives, but also with a firm responsibility as their guardians to provide for their needs and ensure their well-being; and, Whereas, we realize that watching over these animals who are wholly dependent upon us means providing more than food and Page 15 April 8-9,2008 shelter, but also protection from dangers such as traffic, extreme weather, and violent crime and, therefore, must take action to ensure they do not become lost or separated from us, their guardians; and, Whereas, we recognize that as human beings, we have the power to communicate with spoken and written language while the animals we look after do not and, thus, it is our responsibility to guarantee our animal companions a voice in our absence; and, Whereas, providing identification in the form of an ID tag, license tag, microchip, or tattoo is the only way to give our companion animals a voice should they become lost; and, Whereas, the welfare of the animals in our community is the undertaking of all pet guardians and animal lovers advocating for the widespread use of ID tags and other forms of identification, will provide them with a voice should they be without the protection of their human guardians. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 8, 2008, becomes Collier County's recognition that every day is Tag Day, and we do heartily encourage full participation of all of our citizens in the events related thereto in this community. Done and ordered this 8th day of April, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. Mr. Chairman, I make a motion that we accept this proclamation. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, second by Commissioner Halas to move the proclamation. 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. Page 16 April 8-9, 2008 CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. (Applause.) COMMISSIONER COYLE: Thank you very much. COMMISSIONER COLETTA: Good to see you again. COMMISSIONER HALAS: Good morning. COMMISSIONER COYLE: Good morning. How are you? CHAIRMAN HENNING: I've got a couple tag-less animals on my street. MS. MARTINDALE: Thank you very much. CHAIRMAN HENNING: Thank you. Good morning, Amanda. MS. TOWNSEND: Good morning. Thank you very much, Commissioners. I just wanted to sort of emphasize that not only is a tag for an animal its way to get reunited with its owner, but it's also part of our county ordinance and our primary means for rabies control. So it's something important that we wanted the people to know that, get your animals tagged, not only to reunite you with it, but it also helps us know that we're protecting the community from disease. Tags can be purchased at local veterinarians or as DAS at 7610 Davis Boulevard. That's 10 -- excuse me -- $7 a year for an altered animal, so that's important. Also wanted to let the community know that we have an animal event coming up on Saturday, Soggy Doggy, at Sugden Regional Park. People can come with their animals, their dogs, and participate in some water activity. And we hope to see everybody there Saturday, April 10th -- excuse me -- 12th from 10 to 12. Thank you. CHAIRMAN HENNING: Thank you. Amanda, before you go, Commissioner Coyle has a question or comment. COMMISSIONER COLETTA: Coletta. Commissioner Coletta. Page 17 April 8-9, 2008 CHAIRMAN HENNING: Coletta. COMMISSIONER COLETTA: That's okay. Yes, it's going to be a long day. COMMISSIONER COYLE: We look so much alike. I think that's the problem. COMMISSIONER COLETTA: Yeah. CHAIRMAN HENNING: Well, I'm going to change your first letter, one of you, to you K instead ofC. COMMISSIONER COLETTA: Okay. K-L. No, I'm sorry. What I'm looking for is you have a meeting taking place with your advisory group regarding the dangerous dog ordinance. Would you briefly tell us about that so the public can be aware that meeting is taking place. There's a lot of interest in the community. MS. TOWNSEND: Most certainly. April 15th, I believe that's a Tuesday, at 6:30 at Domestic Animal Services. Again, that's 7610 Davis Boulevard. On the agenda of our advisory board will be proposed changes to the dangerous dog portion of the animal control ordinance. COMMISSIONER COLETTA: And that's 6:30 in the evening? MS. TOWNSEND: That's correct. COMMISSIONER COLETTA: Thank you. MS. TOWNSEND: My pleasure. CHAIRMAN HENNING: Amanda, are you still the interim director ofDAS? MS. TOWNSEND: Yes, sir. CHAIRMAN HENNING: Do we have any idea when that's going to change? MR. MUDD: Not yet, sir. We -- Marla can talk to you later, but CHAIRMAN HENNING: We'll let it go at this time. Thank you very much. MS. TOWNSEND: My pleasure. Thank you. Page 18 April 8-9, 2008 Item #4B PROCLAMATION DESIGNATING APRIL 13-19,2008 AS NATIONAL CRIME VICTIMS' RIGHTS WEEK. ACCEPTED BY ANGELA LARSON FROM THE COLLIER COUNTY SHERIFF'S OFFICE, BETTY ARDA Y A FROM THE STATE ATTORNEY'S OFFICE, SHAINA HICKS FROM PROJECT HELP AND A REPRESENT A TIVE FROM THE SHELTER FOR ABUSED WOMEN AND CHILDREN - ADOPTED MR. MUDD: Commissioner, the next proclamation is designating April 13th through 19th, 2008, as National Crime Victim's Rights Week. To be accepted by Angela Larson from the Collier County Sheriffs Office, Betty Ardaya from the State Attorney's Office, Shania (sic) Hicks from Project Help and representative from the Shelter of Abused Women and Children. And 1 butchered, I think, some of your first names, and I'm sorry. COMMISSIONER FIALA: Good morning. Proclamation: Whereas, 23 million Americans are victims of crimes each year, and of those, 5.2 million are victims of violent crime; and, Whereas, a just society acknowledges crime's impact on individuals, families, and communities by ensuring that rights, resources, and services are available to help rebuild lives; and, Whereas, victims' rights are a critical component of the promise of justice for all and the foundation for our system of justice in America; and, Whereas, although our nation has steadily expanded rights, protections, and services for victims of crime, too many victims are still not able to realize the hope and promise of these gains; and, Whereas, we must do better to ensure services are available for Page 19 April 8-9, 2008 underserved segments of our population, including crime victims with disabilities, victims with mental illness, victims who are elderly, victims in rural areas; and, Whereas, observing victims' rights and treating victims with dignity and respect serves the public interest by engaging victims in the justice system, inspiring respect for public authorities and promoting confidence in public safety; and, Whereas, America recognizes that we make our homes, neighborhoods, and communities safer and stronger by serving victims of crime and ensuring justice for all; and, Whereas, our nation must strive to protect, expand, and observe crime victims' rights so there truly is justice for victims of crime and ensuring justice for all; and, Whereas, National Crime Victims' Weeks -- Rights Week, April 13th through the 19th, 2008, provides an opportunity for us to strive to reach the goal of justice for all by ensuring that all victims are afforded their legal rights and provided with assistance as they face the financial, physical, and psychological impact of crime; and, Whereas, the Board of County Commissioners is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout Collier County and America to raise awareness about rights victims -- victims' rights and observe the 28th National Crime Victims' Rights Week. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 13th through the 19th, 2008, be designated as National Crime Victims' Rights Week, and reaffirm Collier County's commitment to respect and enforce victims' rights and address their needs during National Crime Victims' Rights Week and throughout the year, and express our appreciation for those victims and crime survivors who have turned personal tragedy into a motivation force to improve our response to victims of crime and build a more just community. Page 20 April 8-9, 2008 Done and ordered this 8th day of April, 2008, Board of County Commissioners, Collier County, Tom Henning, Chairman. And Mr. Chairman, I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta to move the proclamation. 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, unanimous. (Applause.) COMMISSIONER FIALA: Thanks for all you do. The victims are the ones who always get victimized again, aren't they? COMMISSIONER HALAS: Good morning. Good to see you. Thank you. COMMISSIONER COLETTA: Thank you for what you do. COMMISSIONER FIALA: It's a tough job. CHAIRMAN HENNING: Would any of you like to speak on the topic? If you don't, that's fine. Thank you. Item #4C PROCLAMATION DESIGNATING APRIL 16,2008 AS NA TIONAL ST ART WALKING DAY ON BEHALF OF THE AMERICAN HEART ASSOCIATION. ACCEPTED BY AL REYNOLDS - ADOPTED Page 21 April 8-9, 2008 MR. MUDD: Commissioners, our next proclamation is designating April 16, 2008, as the National Start Walking Day, to be accepted by Al Reynolds on behalf of the American Heart Association. COMMISSIONER COLETTA: Okay. MR. MUDD: Anybody -- anyone here for the American Heart Association for this particular proclamation? COMMISSIONER COLETTA: That's okay. We're here, and that's the most important thing. And I want to recognize Commissioner Halas who gets up every morning at five o'clock and walks for about an hour, and that's why he looks in such excellent health. So if anything, we'll recognize the fact that Commissioner Halas is here and has benefited greatly from this program. Whereas, each year 1.2 million Americans suffer from a new or re-occurring coronary attack. The cardiovascular disease is the nation's leading cause of death with direct and indirect costs estimated to be $448 and a half billion in 2008; and, Whereas, more physical activity can help improve these statistics; and, Whereas, adults may gain up to two hours of life expectancy for every hour of regular vigorous exercise, which means Commissioner Halas is going to live to 120; and, Whereas, in addition to increasing life expectancy, regular walking has many proven benefits for the individual's overall health. Brisk walking for at least 30 minutes a day can lower both bad cholesterol LDL levels and high blood pressure. It can also help individuals who are overweight achieve and maintain weight loss and reduce their risk of strokes; and, Whereas, the Center for Disease Control and Prevention estimates that physically active people save $330 per year in direct medical expenditures; and, Page 22 April 8-9,2008 Whereas, on National Start Walking Day, April 16, 2008, the American Heart Association Start Movement calls on all citizens of Collier County to walk at least 30 minutes a day; and, Whereas, the proposal behind National Start Walking Day is to get Americans to become more physically active by walking and urging all citizens to show their support for walking and the fight against heart disease and to commemorate this day by walking at work. By increasing awareness of the importance of physical activity to reduce the risk of cardiovascular disease, thousands of lives can be saved each year. Therefore, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that April 16, 2008, be designated as National Start Walking Day. Done and ordered this day, Tom Henning, Chairman. And I make a motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Halas, to move the proclamation. 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. COMMISSIONER HALAS: Just one correction. It's four o'clock in the morning. COMMISSIONER FIALA: Do you really? COMMISSIONER COYLE: And that one mile is just the Page 23 April 8-9,2008 distance to and from the bathroom every day. COMMISSIONER HALAS: Four miles to the bathroom. Item #4D PROCLAMATION INITIATING A CAMPAIGN DEDICATED TO PREVENTING SEXUAL EXPLOIT A TION OF CHILDREN. ACCEPTED BY MIRABEL SLABAUGH, PROGRAM MANAGER FROM THE LOCAL NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN (NCMEC) - ADOPTED MR. MUDD: Commissioner, the next proclamation is initiating a campaign dedicated to preventing sexual exploitation of children. To be accepted by Mirabel Slabaugh, who's the program manager from the local National Center for Missing and Exploited Children. CHAIRMAN HENNING: And it saddens me to have to read this proclamation, but the only way that we're going to make changes is to be aware of the -- the situation. Whereas, according to U.S. Department of Justice, in a one-year period, an estimated 1.6 million children either ran away from or were thrown out of their houses; and, Whereas, the -- estimated 40,000 of these children (sic) will be involved in some form of sexual exploitation and victims (sic) by predators; and, Whereas, many children victims of prostitution are abandoned or neglected children who have not -- have been (sic) reported missing to law enforcements (sic) or have ran away from their homes or foster care; and, Whereas, the average age of -- these children enter into prostitution at the age of 14 years old, however, children as young as nine years old are being exploited; and, Whereas, throughout (sic) the prostitution of female children is Page 24 April 8-9, 2008 more widely publicized, male children are also susceptible to the same dangers as females in the world of exploitation; and, Whereas, the dangers of -- that children face as a result of prostitution are both immediate and long term, and immediate of (sic) physical and mental, emotional violence that these once-innocent children experience; and, Whereas, housing instability, poverty, untreated psychological and emotional problems, substance abuse, education and vocal (sic) failure and major problems at home have always been cited for the common perception (sic) factors in living -- lives of exploited children; and, Whereas, the National Association of Counties and the National Center of Missing and Exploited Children have partnered for the national campaign to promote children's safety and to prevent sexual exploitation of children; and, Whereas, the national campaign is being launched here in Collier County to heighten the public awareness of sexual -- children's sexual exploitation and help giving (sic) communities across the United States effective strengths -- or strategies and tools to better safeguard the children; and, Whereas, local communities are requested to join in demonstrating their commitment to protecting children and send a clear message to child sexual offenders that the crimes and sexual victims (sic) of children will not be tolerated. Now, there (sic), be it proclaimed that the Board of Commissioners of Collier County hereby joins the National Association of Counties and National Center of Missing and Exploited Children to invite (sic) the campaign dedicated to preventing sexual exploitation of children. Done this 8th order -- 8th day of April, 2008. And I'll make a motion that we move this proclamation. COMMISSIONER FIALA: Second. Page 25 April 8-9, 2008 CHAIRMAN HENNING: Second by Commissioner Fiala. 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. (Applause.) COMMISSIONER HALAS: Good morning. Thank you for your hard work. COMMISSIONER COYLE: Thank you for the work you do. COMMISSIONER FIALA: You do have a tough job, don't you? COMMISSIONER COLETTA: You've got a difficult job. Thank you so much. CHAIRMAN HENNING: Can we get a picture, please. Would you like to say a few words? MS. SLABAUGH: Yes, please. CHAIRMAN HENNING: Thank you. MS. SLABAUGH: Good morning. My name is Mirabel Slabaugh, program manager for the National Center for Missing and Exploited Children, Collier County branch. On behalf of the National Center for Missing and Exploited Children, I'm very pleased to accept this proclamation. And we are honored that the Collier County Board of Commissioners are so proactive in keeping Collier County children safer. Thank you very much. CHAIRMAN HENNING: Thank you. (Applause.) Page 26 April 8-9, 2008 Item #4 E PROCLAMATION DESIGNATING APRIL 22, 2008 AS EARTH DAY IN COLLIER COUNTY. ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE DIRECTOR; JOE BELLONE, REVENUE SERVICES MANAGER, UTILITY BILLING AND CUSTOMER SERVICE; AND RAY SMITH, POLLUTION CONTROL DEPARTMENT DIRECTOR - ADOPTED MR. MUDD: Next proclamation is designating April 22, 2008, as Earth Day in Collier County, to be accepted Dan Rodriguez, solid waste director; Joe Bellone, revenue services manager, utility billing and customer service; and Ray Smith, pollution control department director. COMMISSIONER HALAS: Good morning, gentlemen. It's a pleasure to read this proclamation. Whereas, a sound natural environment is the foundation of a healthy society and a robust economy; and, Whereas, local communities can do much to reverse the environmental degradation and contribute to building a healthy society by addressing issues such as energy use, transportation, waste prevention; and, Whereas, the environmental realities of our time require humans to make a dramatic shift in our relationship to earth; and, Whereas, the citizens of Collier County have the opportunity to join millions of people around the world in making a positive difference in reducing water and air pollution, conserving resources, and saving energy by recycling and buying recycled products; and, Whereas, the public utilities division, solid waste management, and the utility billing customer service departments, under the direction of the Collier County Board of County Commissioners have worked diligently to develop a multifaceted recycling program as a Page 27 April 8-9, 2008 way to preserve valuable landfill space and conserve natural resources; and, Whereas, the public utilities division, pollution control and prevention department proactively plans, developments, and efficiently implements programs to protect the safety, health, and welfare of the community and its environment through the protection of the Collier County groundwater, freshwater, surface water, other water resources from all sources of pollution. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 22, 2008, be designated as Earth Day in Collier County. Done and ordered this 8th day of April, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chair. And Chairman, I make a motion that we approve this proclamation. COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: Motion by Commissioner Halas and second by Commissioner Fiala to move the proclamation. 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 FIALA: Hi. How are you? COMMISSIONER HALAS: Good morning, Dan. I want to give you this. MS. FILSON: Hold the proclamation up. Page 28 April 8-9,2008 MR. RODRIGUEZ: Thank you, Commissioners. Item #4 F PROCLAMATION DESIGNATING APRIL 13-19,2008 AS "NATIONAL TELECOMMUNICATOR'S WEEK". ACCEPTED BY CHIEF GREG SMITH, CHIEF OF ADMINISTRATION FOR THE COLLIER COUNTY SHERIFF'S OFFICE - ADOPTED MR. MUDD: Commissioner, the next proclamation is number F. It was an add-on to your agenda today. It's a proclamation designating April 13th through 19th, 2008, as National Telecommunicator's Week. To be accepted by Commander Bill Rule. COMMISSIONER COYLE: Good morning. COMMISSIONER FIALA: Come on right up front. You don't have to stay over on this side. That's okay. Let the TV cameras see you. Come on. Proclamation: Whereas, the third week in April, 2008, has been declared National Public Safety Communications Week by the Senate and House of Representatives of the United States of America; and, Whereas, the President of the United States will issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities; and, Whereas, emergencies can occur at any time that require law enforcement, fire, or emergency medical services; and, Whereas, public safety dispatchers are the first and most critical contact our citizens have with emergency services; and, Whereas, public safety dispatchers are the single vital link for emergency services personnel; and, Whereas, public safety dispatchers of the Collier County Sheriffs Office have directly contributed to the apprehension of criminals, suppression of fires, and treatment of patients; and, Page 29 April 8-9, 2008 Whereas, the Collier County Sheriffs Office public safety dispatchers continually exhibit compassion, understanding, and professionalism during the performance of their assignments. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 13th through April 19th be designated National Telecommunicator's Week. Done and ordered this 8th day of April, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. And Mr. Chairman, I motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to 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: Carries unanimously. COMMISSIONER FIALA: Now, does this mean this is the 911 when they say -- just so that everybody understands that this is really the 911 service that we all hold dear and are so grateful that you have and respond so quickly to. Thank you. (Applause.) COMMISSIONER HALAS: Thank you. COMMISSIONER COYLE: Good job. COMMISSIONER FIALA: Doing a great job, Bill. COMMISSIONER COYLE: Thank you very much. COMMISSIONER FIALA: Come on down. CHIEF SMITH: Good morning. For the record, Chief Greg Page 30 April 8-9, 2008 Smith, Chief of Administration for the Sheriffs Office. And I'd like to thank the board, Mr. Chairman, for bestowing this honor upon us. This is extremely poignant, as this is the 30th anniversary of911 Service in Collier County this year, so we'd like to recognize that. And, you know, most of the citizens kind of take law enforcement with the green and white that arrives in the driveway or, you know, with emergency services with an ambulance or a fire truck. But it all starts with a call into the 911 center. And the 67 men and women who comprise our telecommunications division are the first to start instilling calm. They make the determination of what assets to muster, and they form that vital link between those elements in the field and keeping all that process properly coordinated. So they're definitely deserving of this recognition. They've also attained national accreditation status, and so it's absolutely a humbling experience for me and -- definitely to accept this on behalf of Sheriff Hunter and Undersheriff Rambosk. Thank you very much. CHAIRMAN HENNING: Thank you. (Applause.) Item #5A PRESENTATION TO RECOGNIZE CATHLEEN FESER, URBAN HORTICUL TURE AGENT, COLLIER COUNTY UNIVERSITY EXTENSION, FOR BEING CHOSEN AS ONE OF THE UNIVERSITY OF FLORIDA'S TOP HORTICULTURAL EDUCA TORS - PROCLAMATION PRESENTED MR. MUDD: Commissioners, that brings us to our presentations section. Page 31 April 8-9, 2008 The first is a presentation to recognize Cathleen Feser for the urban -- from the urban horticulture -- from -- excuse me. Let me start agaIn. It's a presentation to recognize Cathleen Feser, urban horticulture agent, Collier County University Extension, for being chosen as one of the University of Florida's top horticultural educators. Ms. Feser, if you could please come forward. (Applause.) MR. HALDEMAN: Good morning, Commissioners. Robert Haldeman, county director of the Collier County office of the University of -- University of Florida Food and Agricultural Sciences. Our role is to relate university-based research in local solutions for our county residents here in our county. We have fields of agriculture, use development and natural resources, safety -- food safety and nutrition, marine science, and horticulture. As Collier County's urban horticulture extension agent, Cathy Feser's educational program addresses care, maintenance, and proper landscape practices, as well as adoption of the best management practices in landscapes and gardens. Through her program, Cathy's responsibilities involve the recruitment, education, instruction, as well as the management and coordination of the certified Volunteer Master Gardener Program. This year so far the master gardeners have registered over 3,400 volunteer hours to our program. That relates to about $54,000 of volunteer service. Cathy's educational program is responsible for the Florida yards and -- Florida Yards and Neighborhoods Program which we have increased interest in proper plantings for new and developed -- developing residences and housing complexes within Collier County. Through her innovative outreach program, the FYN program for master gardeners enables them to assist in evaluating landscapes and Page 32 April 8-9, 2008 provide consultation on selection of native and drought-tolerant plants. Because of Cathy's dedication and efforts for 2008, Cathleen has been selected as one of the best horticulture educators in this Florida extension system. This is a great honor for us and for Cathy. Because she has been awarded this honor, she also will be one of the major presentation speakers at the 2008 Epcot International Flower and Garden Show to be held in Orlando, Florida, from April 7th through May 22nd. Please join me in recognizing Cathy Feser, urban horticulture extension educator, for her outstanding educational efforts for the citizens of Collier County. (Applause.) CHAIRMAN HENNING: Congratulations. Good to see you. MS. FESER: Good to see you. COMMISSIONER HALAS: Fantastic job. MS. FESER: Thank you, sir. Thank you very much. COMMISSIONER FIALA: I should invite you over to my house to take a look and give me some direction. MS. FESER: I'd be delighted. COMMISSIONER COLETTA: Thank you for your dedicated serVIce. MS. FESER: Thank you. (Applause.) Item #5B PRESENTATION ON THE STATUS OF THE SANTA BARBARA ROAD EXPANSION PROJECT. PROJECT REQUIREMENTS INCLUDE THE EXPANSION AND IMPROVEMENT OF SANTA BARBARA BLVD FROM FOUR (4) LANES TO SIX (6) LANES FOR 4.25 MILES AND RADIO ROAD FROM TWO (2) LANES TO FOUR (4) LANES FOR 1.22 MILES. THE SCOPE OF THE Page 33 April 8-9, 2008 WORK INCLUDES BRIDGE WIDENING OVER INTERSTATE 1- 75 AND GOLDEN GATE CANAL, DRAINAGE IMPROVEMENTS, UTILITY RELOCATIONS, NOISE ABATEMENT WALLS, SIGNALIZATION AND LIGHTING ENHANCEMENTS, AND LANDSCAPING IMPROVEMENTS - PRESENTED BY FELIPE PORRO WITH AST ALDI CONSTRUCTION MR. MUDD: Commissioner, we have -- next presentation is on the status of the Santa Barbara road expansion project. The project requirements include the expansion and improvement of Santa Barbara Boulevard from four lanes to six lanes for 4.25 miles and on Radio Road from two lanes to four lanes for 1.22 miles. The scope of the work includes bridge widening over interstate 1-75 and Golden Gate Canal, drainage improvements, utility relocations, noise abatement walls, signalization, and lighting enhancements, and landscaping improvements. Mr. Jay Ahmad, your director for construction and engineering, transportation division, will present. MR. AHMAD: Good morning, Mr. Chairman, Commissioners. I'm Jay Ahmad, for the record. I'm your Director of Transportation Engineering. With me this morning is Felipe Porro with Astaldi Construction who is the contractor on the project of -- Santa Barbara Widening Project. The project, as you know, extends from Davis north to Copper Leaf and also includes about a mile of Radio Road from the intersection of Santa Barbara east to close to Davis, the project started in February 5th, 2007, little over a year ago, and is progressing, and I'm pleased to report to you, is on budget and on time, as a matter of fact, is ahead of schedule. And I'll let Felipe present to you. MR. PORRO: Good morning. Page 34 April 8-9, 2008 MR. MUDD: State your name. MR. PORRO: My name is Felipe Porro. I'm the Project Manager for Astaldi Construction on the Santa Barbara Boulevard Project. As you know, I'm going to go over the status of the Santa Barbara Boulevard Project. Just -- Jay Ahmad already went over a little bit of it. But we're going from Davis Boulevard to Copper Leaf Lane, widening of Santa Barbara, and also a little bit on Radio Road. The discussion was already done of the project overview. I would just like to point out -- and I guess that's a little small numbers there -- but the project is 53.6 percent complete at -- and the time used thus far is 45.2. We're just over $33 million done, and we are -- we are ahead of schedule. And I'm going to point out a little bit more later. Just going over the Santa Barbara Boulevard typical section. We're adding -- we're -- at the end of the project it will be three lanes in each direction, and on Radio Road there'll be two lanes on each direction, which right now there's only one for the majority east of Santa Barbara. Now the -- and here's a typical section of the bridge. This is not only a great forum for us to describe the status, but also to describe the logistics of how we're going about the construction and the phasing of the project. If you could go to the next one. These are the three phases that are shown on the Santa Barbara Boulevard, along Santa Barbara from the canal -- from Golden Gate Canal to the north. If you look at the first -- the highest section there, detail, we maintain two lanes of traffics in each direction with the median lane for turning left. Now, that's pretty much the existing -- the existing road. And then on the west side of the existing lanes, we've -- we're constructing the future southbound Santa Barbara and creating -- and constructing some temporary asphalt, which will be the future median. For phase II -- well, along with that we're creating -- we're Page 35 April 8-9,2008 constructing all the drainage and utility improvements. F or phase II, we switch to the new asphalt. And the reason why this is -- was needed is, in very many areas we're increasing the elevation by up to two feet, and there was a transition problem where we couldn't do it the same way as south of Golden Gate. So it required a three-phase construction where we leave -- we maintain traffic pretty much in its original condition, we build the new southbound with a little bit of temporary lanes, and we move traffic -- switch traffic onto the new pavement. Then it allows us to build the northbound traffic in its entirety, and then we switch traffic to the outsides, as you can see the bottom of the slide, and complete the median construction. Along the southbound, along --I'm sorry -- south of the canal, it's similar, but since there's not such a drastic change in elevation, we're able to keep the traffic more -- we're able to do it in two phases versus the three, and we don't need to push the traffic all to one side, and it increases the productivity during the -- during the phases. There we build the inside. We leave traffic in the inside while we're building the outsides, and then we switch them to the outside of the new construction and complete the median. Now, one thing that I know a lot of people that are just driving by have questions. In the beginning of the project, the first six months, nine -- well, from February to November, we were mainly constructing underground, utility relocations, drainage improvements, modifications to the utilities, to allow for the expansion and the widening. In -- during that time we also resurfaced the existing two lanes south of Golden Gate -- south of Golden Gate Canal. And what that -- the reason why that was done before the outsides were completed was to allow positive drainage during the rainy seasons, during rain, which up until this last couple weeks, we've been very fortunate with the rain. Last couple weeks we have had quite a bit of rain, and the fact Page 36 April 8-9,2008 that we were able to overbuild and bring that up to -- not to finish grade. There's still a final friction coarse layer to go on top of what you see as new asphalt out there, but it does allow us to have positive drainage during our construction of the outsides. This is just our organizational chart showing you some of the staff members that we have on the job site. Myself, the main -- the main parties there are the project engineers and the superintendents which have been doing a great job, I think, thus far, and the safety manager as well. Now, these are the key elements of the project and, unfortunately, they're a little small. MR. MUDD: They get bigger. MR. PORRO: As you see here, roadway, overall we're 51.8 percent complete; signalization, 25. And if you go out there every day, you -- from now, in the last couple weeks, every day you see new signalization being installed, especially along Golden Gate Parkway, which is what you see aboveground. The other areas are still underground, so you haven't seen what's coming up above the ground. On Golden Gate Canal you see those -- you see that improvement. Lighting comes along later. The structures are 80 percent complete, and the utilities are 93.4 percent complete, which is great, because that's when -- like I said before, when the utilities are done is when we are really able to, you know, start producing large quantities, large volume of work. Once again, work complete is 53.6 percent versus -- the time used thus far is only 45.2 percent, which I think is great. And here's a little chart I made -- a little chart I made. And the red line, we've charted the original projections of revenue which is work complete per month. And then on the blue line I've charted our actual production. And you'll see there that November/December, when the utilities Page 37 April 8-9,2008 were complete, is when we start pulling away from that -- from that curve, and that's just an indication what -- like I said, when -- I guess when I was here almost a year ago, is once the utilities are out of the way, that's when we can really start moving. And this chart shows that it's -- that it is occurring now. I've just put -- brought out a few pictures of items that we've -- that we've done, including the sound wall. That's the sound wall there at Countryside. We've painted the private side of the road. We haven't painted the street side in case we, you know, during the rest of the construction, so we -- any markings, we'll cover it up with paint later. But that area is now sodded along the wall side, so it's looking a lot prettier up against Countryside. Also the one by -- near Radio Road and Santa Barbara is complete. This is a pond right near the EMS station and by the Calusa School. That pond is complete with sod all around it. All we have left to do there is some landscaping. Here's some pictures of the canal bridge, the Golden Gate Canal Bridge. If you go there now you'll see that the beams are there and we're getting ready to pour the deck, but all the riprap is along the canal, all the substructures 100 percent complete on both bridges. 1-75, both sides of the decks are poured, ready for -- almost ready for traffic. We're just finishing the barrier walls. Here's just a sign, what we were discussing before, where we've paved and we're bringing the -- now after the paving we're doing the base rock and the curbs and sidewalks. That's south of the canal along Santa Barbara. Our resurfacing is over 80 percent complete of the entire project. And just final -- the area from canal to Copper Leaf, we're getting -- we're almost ready to go into the -- into phase III, and we should do it by the end of this month, into phase II, I apologize -- into phase II. The future phase II and phase III should occur a lot quicker given Page 38 April 8-9, 2008 the fact that we don't have any utility relocations to perform anymore and that, you know, most of the drainage is already complete. So it's just a matter of what you see aboveground, which tends to go a lot quicker than what occurs underground with all the variables that occur underground. That's all I had for today. I'd just like to say that I feel-- I said it before the last time I was here and I say it this time -- I think we're all working very well together. Myself, the county, the -- my staff, the county staff, the project managers, and the CI, to minimize impacts as much as possible. That's all I have. Thank you. CHAIRMAN HENNING: Questions from the board, starting with Commissioner Halas, Commissioner Fiala, Commissioner Coyle. MR. PORRO: Sure. COMMISSIONER HALAS: Thank you. Good morning. MR. PORRO: Good morning. COMMISSIONER HALAS: Thank you so much for the progress report. Obviously you took a lot of heat, and so did the Board of County Commissioners, took a lot of heat in regards to even considering you as one of the contractors to address some of our road needs here in Collier County. And I can say that I'm very proud that we brought you onboard, even though we took a lot of heat. The project that you first started with on Immokalee Road and now you're on Santa Barbara, I think, really shows that you are a very, very professional company and that once -- I'm not sure what the problems were on U.S. 41, but obviously, since you've been here in Collier County, it's been a team effort, and we really appreciate what's going on. And I think in both cases you were ahead of schedule on both of these projects here in Collier County . Thank you very much for your work and your dedication. MR. PORRO: Thank you. Page 39 April 8-9, 2008 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Actually I'm really, really pleased with what you're doing, and I can see that you're very proud of it as well, but I have a question for Norm Feder, and my question is, as we ambitiously continue to improve these roads, and for years and years I've been beating the drum about burying the lines, the utility lines. We never do that, and we're -- although we keep building these roads -- we've got plenty of excuses why we're not going to do them, and a lot of them, I think are inflated excuses, but when are we ever going to address that? Before we finish our ambitious road building, all of the lines are up aboveground, and then we're thinking, oh, gee, I wish we would have buried them because some hurricane comes along and rips the wires all down. MR. FEDER: We discussed this with you a number of times -- COMMISSIONER FIALA: Yes, we have. MR. FEDER: -- Commissioner, and we've gone to FP&L, we've tried to get some of the lines buried, we've brought up the issue on a number of different projects. At one point there was the provision of 25 percent assistance. We're waiting for that. That came about. We tried to get some answers to costs. You do have an MSTU now up in Commissioner Halas's area that on -- Gulf Shore Drive is looking to bury lines. They're still waiting to get some answers on costs and issues, and they may have broken -- broken through some of that, so we'll maybe get some answers. In the past we've asked for cost figures. The distribution lines are the possibility. The transmission lines they've told us they won't bury. And yet we've been having difficulty getting an answer for what it will truly cost us and how we can get it done. They also have demands for pole lines, additional right-of-way Page 40 April 8-9,2008 and other issues that have been brought to our attention on projects. We have not abandoned the issue, and we're hoping that maybe we'll get some answers out of the effort that the MSTU has underway right now. COMMISSIONER FIALA: Well, it's -- the people in Vanderbilt are very smart to do that, especially with their proximity to the water and so forth. But I don't know why we're not ambitiously pushing to get that thing done instead of -- you know, we just keep building the roads but we're not burying those lines. Now we're going to dig up another area south of that, and we're still having -- we still haven't done that. Anyway, I just had to voice my concern again. I've been beating that drum for years and years, and it seems like I beat that drum all by myself and it doesn't go anyplace, but I'll say it again. CHAIRMAN HENNING: Yeah. MR. FEDER: And Commissioner, the costs we've gotten so far are a bit over a million dollars a mile. We feel that that's pretty much COMMISSIONER FIALA: Yeah, but you know what, that's all inflated. MR. FEDER: And that's just what I was just saying. We feel that's inflated, but we haven't been able to get a real cost in our efforts on this. CHAIRMAN HENNING: Commissioner Coyle? MR. PORRO: I just wanted to state one thing, that all the county facilities are underground. All the Collier County facilities are underground, along the Santa Barbara project. CHAIRMAN HENNING: The water and sewer? MR. PORRO: Water, sewer, the highway lighting, the signalization. All that will be underground at the end of the project. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: It seems that a few years back we Page 41 April 8-9,2008 were faced with considerable delays in all of our road projects largely because of underground utility problems. This one seems to have gone much more smoothly. I'd like for staff to tell me, what have you done differently here? MR. AHMAD: Commissioner, what we've done on this project, we've done a lot of underground -- we call it SUI, subservice underground investigation. We've identified all the utilities. We still have utility conflicts, but we address them. And a different contractor here, the other projects that you maybe remember, is Vanderbilt Beach Road extension -- the road, Beach Road, not extension that -- we have a contractor there that, unfortunately, keeps breaking utilities, and we had difficulty with them. COMMISSIONER COYLE: Is it something they just enjoy doing or what? MR. AHMAD: I think we -- it's competence of work. It's staff. COMMISSIONER COYLE: Our staff, their staff? MR. AHMAD: Their staff. COMMISSIONER COYLE: Okay. MR. AHMAD: It's their workers, training, it's -- in the past month, we'd had three utility breakage on that project. COMMISSIONER COYLE: Now, we want to be careful to state that we are not talking about Astaldi Construction. MR. AHMAD: Not Astaldi. Vanderbilt -- it's APAC and a subcontractor, Armadillo, on that project that seems -- unfortunately we've been having a lot of difficulty with them. COMMISSIONER COYLE: Now, there's several components to that particular problem. First there are utility locates. Are we providing accurate locations for these utilities and they're still breaking them, or are we providing locations that really don't exist? MR. AHMAD: On Vanderbilt we have -- we have dug these lines. We know where these lines -- this week they broke a reuse water main. They see it. A person who's working on the line just -- as Page 42 April 8-9, 2008 they install the other line underneath it, they broke the line on top of it. It's -- some of it we know where they are and it's just a matter of construction errors. COMMISSIONER COYLE: Do they get fined for this? MR. AHMAD: They don't get fined. They basically get -- they pay for what they break. COMMISSIONER COYLE: Maybe fines are an appropriate kind of thing to do. MR. AHMAD: Jim just reminded me that the liquidated damages, of course, at the end of the project. If the project gets delayed, and it does because of these breakages, they get assessed liquidated damages at the end of the project. COMMISSIONER COYLE: I don't want to go too far with this because this is about Astaldi's project, and I don't want to get a confusion started here about what we're doing to prevent other problems in other projects. But maybe what we should consider is some kind of penalty, because there is a cost to the county if somebody breaks a water main or they break a reuse water line. There is a cost to the county associated with that that goes beyond just the delay of the project, so I would ask you to give some consideration to that. And I don't want to get involved in a discussion about it today, but I'd like to compliment Astaldi on their work, and I'm happy to see that the public utilities relocations have gone smoothly in their case, and I just wish we could get it to go as smoothly in the other cases. MR. AHMAD: Thank you, will do. CHAIRMAN HENNING: I have a question. It was the commissioners' understanding that the intersection of Golden Gate Parkway and Santa Barbara would be the first completed job and, of course, it is not completed. What happened? What changed? MR. AHMAD: Maybe I'll let Astaldi -- but the project has three stages, as was explained by Astaldi. The first phase is to build the Page 43 April 8-9, 2008 west side first and maintaining traffic on the existing lanes. And even if we finish all lanes, Commissioner, they will have no place. If you see the plan for that intersection, there's triple lefts, there's double lefts, there's three throughs in each direction, the intersection and islands and -- channelization islands. The intersection is very large. If we were to build a whole intersection to shift traffic from what is being built or built to existing, it would require drastic shifts. And we felt it's more orderly to build it in the three stages, and a lot safer for the traveling public to build it the way we ended up building it. CHAIRMAN HENNING: Am I wrong by stating that it's the board's understanding that that intersection will be done first? MR. AHMAD: No, you're not, sir. As a matter of fact, I stated that in -- when we brought the project before you. We said we -- our intent is to build the intersection first and continue south, and we proceeded differently a little bit so -- to provide the safer operation for the traffic, for the traveling public. CHAIRMAN HENNING: That's fine, but not only was it the board's understanding, it was the public's understanding that's what would happened first. And I don't remember us getting an update that things have changed. Was it something that we were aware of in the past? MR. AHMAD: No, you weren't. If you look at the intersection, it's being built. I mean, if you look at the intersection. CHAIRMAN HENNING: I know that. It was to be completed first. Was it -- was there a correction to the board and the public when that changed to go to the phasing? MR. AHMAD: I don't believe we had come before you and stated that, but it -- it is what we think is the best method of constructing this intersection. CHAIRMAN HENNING: Okay. Now we can tell the public things have changed and we're doing it somewhat differently. Page 44 April 8-9, 2008 So what happens to -- what happens to Radio Road then? Because that intersection was supposed to be done first, and then you were supposed to do Radio Road after that. What has changed for Radio Road? MR. PORRO: If! may, talking about Golden Gate Parkway first. The priority has been Golden Gate Parkway. It does have the most phases. That was per the original plans. But we have put our emphasis on Golden Gate Parkway. And if you see, the improvements to the signalization, which are needed in order to complete that intersection, are being done first at Golden Gate Parkway. The majority -- many of the utility relocations, although they weren't complete till November, which was pretty much per the original schedule that was -- the utility work schedule, they were completed first at Golden Gate Parkway. The signalizations will be completed first at Golden Gate Parkway, and then they're going straight to Radio Road. So we are making improvements, and it will, more than likely, be the first intersection that's 100 percent complete. But it is the most difficult one of the -- of all the intersections there, and we are putting our emphasis on that Golden Gate Parkway. CHAIRMAN HENNING: I understand, but my question is phasing the Parkway intersection first and then move to Radio Road to four lane that. So since the phasing has changed, when is Radio Road going to be done? Is it going to be after Santa Barbara is complete, or how's that going to work out? MR. PORRO: No. Most of the project is being built concurrently, there's just -- as far as you complete the underground, and then you start working on the base rock. All -- a majority of the base rock where we can build right now and the asphalt where we can build along Golden Gate Parkway is complete. The traffic signals. Page 45 April 8-9, 2008 At Radio Road, just to give you an example, a majority of the foundations -- all the foundations for the signalization are complete at Radio Road, all the drainage -- the drainage is 98 percent complete at Radio Road. So it's a matter of we should -- we'll be done with -- we'll have the traffic switched at Golden Gate Parkway this month, and then next month we're working on Radio Road for that traffic switch. But on -- along Radio Road, we're also doing the remaining drainage that's there. We're completing that probably this month of April. We're working on the base rock, weather permitting. So it's going in phases but it's all happening concurrently as well. It's just the emphasis goes from one area to the next and it's not, complete one area and then start the other. It's complete one activity at Golden Gate Parkway, then continue down to Radio Road and complete that activity and down along -- along the way to the priorities. CHAIRMAN HENNING: Does anybody know when Radio Road will be complete? MR. PORRO: In its entirety? CHAIRMAN HENNING: Yes. MR. PORRO: For the whole project? We have a project completion date of August of2009, but by then -- well before then we'll have the final configuration and we'll just be doing the final friction course, the final riding surface and landscaping and striping. So the entire Radio Road, without looking at my schedule right now, I would say, would probably be done in May of2009. CHAIRMAN HENNING: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes, just a follow-up on what Commissioner Fiala was talking about in regards to burying power lines. I can tell you that the MSTU up there has been working probably close to four years on trying to get this addressed. And it's Page 46 April 8-9, 2008 been a very difficult process working with FP &L and to get the continuity that's needed. We've had the County Attorney involved and everything else, and we still don't have a true cost of what this is going to cost. I can tell you that it's going -- it's enormous of what the project is and the cost. So when you look at this thing, even though they're getting a 25 percent discount, the cost is still very, very -- it's to the point where I think they're wondering if it's really worth it or not, but they're going forward on it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: You know, you're doing -- you're trying to bury them on already completed roadways. I watched Marco Island, as they're tearing up their road and rebuilding, they've buried all of their lines, and they didn't seem to have any problems with it. And the City of Naples, they're burying their lines. I can understand with you guys how much it will cost, but you would think that as long as they're tearing up roads and digging things anyway, why don't they just throw the lines in the holes they've just completed? It just doesn't make sense to me. COMMISSIONER HALAS: I understand what you're talking about. COMMISSIONER FIALA: Yeah. COMMISSIONER HALAS: When you try to talk sense with FP&L in regards to saying, take the lines down and just put them down in the ground or to give us some kind of credit for the lines that they have there because they've got a depreciation rate, it's very difficult to work with them. We've even talked about depreciation. I said, you're depreciating those lines, and you've got to the point where there shouldn't be that much involved in the replacement of putting them underground, but it's difficult. And I think the way Naples is doing it is they have a franchise Page 47 April 8-9, 2008 fee that -- that's how they're addressing it, I believe. CHAIRMAN HENNING: Is there any further discussion on Santa Barbara or other issues? (No response.) CHAIRMAN HENNING: Okay. I guess we're ready for public petitions, thank you. Item #5C PRESENTATION BY MURRAY HENDEL AND JACK NORTMAN FROM THE HOLOCAUST MUSEUM OF SOUTHWEST FLORIDA - PRESENTED MR. MUDD: No, sir, we have one more presentation, and that's by Murray Hendel and Jack Nortman Holocaust Museum of Southwest Florida. MR. NORTMAN: Good morning, Mr. Chairman, good morning, Commissioners. I'd like to introduce the officers here of the Holocaust Museum. I'm past president emeritus, Jack Nortman, past president emeritus; our new president, Bob Connors; treasurer, Merrill Cooler (phonetic); and our executive director, Meriam Ross. Weare here today to thank the Board of County Commissioners for supporting our boxcar project and also to give you a memento of the event. Educating our area's youth about the history of the Holocaust and genocides of the past and present, takes a new approach now that our middle and high school students can actually walk into a boxcar that was used to transport millions of innocent men, women, and children to their death. Today that means the darkness now provides light as a mobile educational tool that illustrates the horrors of the Holocaust and that such horrors continue with other genocides today. Page 48 April 8-9, 2008 Taking the boxcar from school to school allows thousands of students and their teachers to see, feel, and touch a part of world history. Ultimately it's our hope that our students will be inspired to take action and stop genocide. Weare grateful for your support for such an important and worthwhile educational tool so our students can benefit from an invaluable learning experience. As Dr. Martin Luther King, Jr., said, injustice anywhere threatens justice everywhere. And now we'd like to make a presentation to each one of the Board of County Commissioners and County Manager Jim Mudd. Anyone else want to say anything? COMMISSIONER COLETTA: Thank you for what you do. COMMISSIONER COYLE: Hi, Jack. Good to see you. COMMISSIONER FIALA: Thank you so much. CHAIRMAN HENNING: Commissioners, I think the message given by the boxcar display and bringing it out to schools is such an important message of understanding others and accepting others, and it just makes our community a much better place to live when we do that. This community is very diverse (sic) and we need to understand the diverse -- diversity of people. And thank you for providing such a great educational tool to our young children, our young adults in Collier County, Mr. Hendel. (Applause.) MR. MUDD: Commissioner, I believe our court reporter needs a break, sir. CHAIRMAN HENNING: You do? Well, why don't we take a to-minute break. We'll be back at 10:35. COMMISSIONER COLETTA: Great idea. COMMISSIONER FIALA: Yeah. (A brief recess was had.) Page 49 April 8-9, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Next item? Item #6A PUBLIC PETITION REQUEST BY SIMILIEN ANCELOT DISCUSSING HAITIAN FLAG DAY - PROCLAMATION TO BE PRESENTED AT THE NEXT BCC MEETING TO PROMOTE THE HAITIAN FLAG DA Y EVENT MR. MUDD: Commissioner, this brings us to the public petition portion of the agenda. The first public petition is a request from Similien Ancelot (sic) to discuss the Haitian Flag Day. CHAIRMAN HENNING: Good morning, sir. MR. SIMILIEN: Good morning. My name Ancelot Similien, and I'm the president of the Haitian television network for Southwest Florida. And we broadcast on CN 35 Sundays at five. It's a Creole television show for the Haitian, and we reach pretty much one million Haitians throughout Florida from south Tampa all the way to Marco Island and everything in between. So this year, I mean, this is my fifth year in -- living in Collier County. And when I moved here, the Haitian community were not-- I'm sorry -- the way it is right now. So it's a very developing community . And May 18 is the Haitian Flag Day around the world, so Haitians take that day pretty much like Fourth of July to celebrate Haitian Flag Day. Wherever they are -- it doesn't matter where they are located, they will group to celebrate that day. And this year I take the initiative with the TV station to celebrate the Haitian Flag Day. But it seems very hard getting this together Page 50 April 8-9, 2008 because wherever we go we get the running around. It's not the park authority, it's the Sheriffs Department. And -- but we make it possible. We already meet all the requirement for that event. So we here before the board asking for support and recognition of that day as Haitian Flag Day. And according to NEAT (sic) assessment survey that's being -- occur right now, we have pretty much 17,000 Haitian living in Lee County, Collier County, and Hendry County, and this type of event attract all those Haitians. They will attend those events. Last year we had that event at Fleischmann Park, right across the street from the mall. Three thousand Haitians showed up. So this is a very considerable number of Haitians. And they would like to celebrate, but they would like to celebrate in order, this year, to make things properly happen. Last -- in the last couple years I don't know who done it -- if they done without you guys, me personally and my staff, we run the TV (sic), and I would like to invite you guys to take part of these activities, because Cinco de Mayo is running strong and we would like to celebrate just like everybody else, just celebrate the Haitian Flag Day every May 18. Me and my staff, we are attempting to make that event a yearly event. And we are -- this year we already meet all the requirements. So me, myself, I'm here today to ask for support and help to make this event a yearly event. So this year, for example, we have a problem dealing with the Sheriffs Department. I think if we are doing something for the community, the TV station already put some money together, raise some money to make this event possible, but we still have a lack of money to make it possible to achieve that goal. We have a goal. And this year it's -- it's been very hard for us getting all the requirements because you have to pay for the park, we have to pay the police to come over. We have to pay for everything. And I don't think a community event -- it's a free event. The television is not Page 51 April 8-9, 2008 getting nothing. All that the television is doing right now is to put the Haitians together and promote the Haitian culture and preserve that culture, because the Mexican, the Latinos, they do it. I wonder why don't the Haitian do this, being treated with the same respect as everybody else? When I attend a couple of the other fests, they don't have that much problem -- because I'm part of many other communities out there. And when they having those type of festivals, they don't have that much problem. So why are the Haitians having that much problem to celebrate Haitian Flag Day? CHAIRMAN HENNING: Are you complete, sir? MR. SIMILIEN: Yes. CHAIRMAN HENNING: Instead of financial assistance, how about if we do a proclamation recognizing Haitian Flag Day and your event? MR. SIMILIEN: That would be great. CHAIRMAN HENNING: Good. Any other questions? (No response.) CHAIRMAN HENNING: Great. If you would get together with -- sir, with the County Commissioner's Office, we'd be happy to put down -- put together a proclamation and deliver it at our next meeting, make the community aware of the event happening in May, okay? MR. SIMILIEN: Thank you, sir. CHAIRMAN HENNING: Thank you. MS. FILSON: Do you know where our office is, sir? Right through there. Ask for Paula. MR. MUDD: Commissioner, the public petition, 6B, by Mr. Walker, is continued to the 22nd of April, and I read that this morning. Item #6C PUBLIC PETITION REQUEST BY MARCIA CRAVENS Page 52 April 8-9, 2008 DISCUSSING RENEWAL OF 10- YEAR PERMIT FOR CLAM SAY RESTORATION & MANAGEMENT PLAN - DISCUSSED Next public petition is a request by Marcia Cravens to discuss renewal of a 10-year permit for Clam Bay restoration and the management plan. MS. CRAVENS: Do I hand these to everybody? CHAIRMAN HENNING: Why don't you give them to Sue over there, please, and then just state your name for the record. MS. CRAVENS: Okay. Good morning. My name's Marcia Cravens. I'm a resident of Pelican Bay. I'm also a board member of the Mangrove Action Group, otherwise known as MAG. The Mangrove Action Group was a community grass-roots group that was instrumental in obtaining the original 10-year permitting and Clam Bay restoration and management plan that is about to expire this year. You're getting handed some envelopes with some supporting items, and I'll just go over those with you briefly. One of the first items here is very professionally done, very nice DVD that was created through Pelican Bay Services Division, and it chronicles the people -- some of the people who are involved and who have knowledge of the restoration project and the history of the mangrove forest and the relationship that the community of Pelican Bay has with this very precious national resource that's in our back yard. I'm going to read from a prepared statement because I don't want to miss anything that I wanted to cover. I hope you don't mind. Also, you all have a copy of it, just in case you may want to refer to it later. I know this is an issue that is going to come before the commissioners within the next couple of weeks. I believe there will be an item on your agenda on April 22nd, and it's likely to be continued again in May. There is a real community effort to get behind renewing the Page 53 April 8-9, 2008 original permit and management plan that focuses on the mangrove forest. And I'll just go into the comments that I have so that you might understand why I'm standing here before you today. It has recently become clear to members of Pelican Bay's Mangrove Action Group, MAG, other residents of Pelican Bay, and the Pelican Bay Services Division, PBSD, that Collier County staff has been holding up PBSD's renewal request for our current Florida Department of Environmental Protection and Army Corps -- Army Corps of Engineers 10-year permits that govern our stewardship over the precious mangrove preserve that inhabits the Clam Bay natural resources protected area that is defined geographically as sections 4,5, 8,9,32, and 33 of Township 49 south, Range 25 east, class II waters. This is a definition actually of the geographical area of Pelican Bay. That permit did not extend beyond Pelican Bay's geographical boundaries. This action, or rather inaction, appears to be due to visions of an expansive coastal area that encompasses not only the Clam Bay area defined in our original 10-year permit and plan, but neighboring waterways as well. There is a concentrated effort to change our permit and our 10-year long -- 10-year long-term management plan from its present focus on restoration, maintenance, and protection of the mangrove forest system into a much broader permit that primarily focuses on water quality. And I have to tell you, I am a card-carrying Sierra Club member, and I very much appreciate the Clean Water Act, and I very much support efforts to improve water quality in anybody's water in the United States, period. But the residents of Pelican Bay are supportive of actions meant to address and improve water quality of all the coastal watershed areas, but we believe this issue of water quality within the adjacent developed waterways is a distinct and separate issue that requires a Page 54 April 8-9,2008 distinct and separate permit that is focused on water quality. The Mangrove Action Group does not want Collier County to dispossess our community with the loss of our current existing 10-year permit that governs a long-term management plan that is uniquely focused on the mangrove forest system within our geographic boundaries. If we lose our existing permit by allowing it to be extensively remodeled into a broadly defined coastal zone area for management by the county, we will lose local control over activities that directly impact our community, and we will have to accept and live with the decisions that are made by entities and individuals that may not have Pelican Bay interests at the heart of their decisions. Also, remodeling of our existing permit into a new permit will cause the mangrove forest preserve to become a side issue rather than a priority. We, as a community, have accepted and shouldered the responsibility of doing the work required to keep this mangrove forest as healthy as possible. This is accomplished through the special taxes and fees that our residents assessed themselves to pay for the dedicated efforts of the Pelican Bay Services Division. The Pelican Bay Services Division, Turrell, Hall & Associates, and other consultants, have taken an area that was dying and brought it back to health. The good health of this mangrove forest is not a static situation. It requires ongoing monitoring and intervention. The knowledge and judgment required to maintain the health of the mangrove forest system has been acquired by PBSD through their years of experience and work in this unique environment. This experience and work is not commonplace. We do not want to jeopardize the good work that we have done here. The Mangrove Action Group representing the people of Pelican Bay respectfully, but completely, object to and reject a remodeling of our current mangrove Page 55 April 8-9, 2008 focused permit into a broadly expanded permit focused on water quality . There has been a truly concerted effort by self-interested individuals to mislead others through their own faulty interpretation of our original permit. There appears to be a deliberate misrepresentation of the PB -- that's probably a misprint -- of the PB&J, otherwise known an Tomasko Report, a report on sea grasses in Clam Bay that was apparently the result of allegations by Seagate resident Mr. Busier, where he alleged that actions by PBSD that were authorized by this permit we are discussing had an adverse impact on see grasses. The Tomasko Report actually disproved those charges. I would like to thank Collier County on their foresight in commissioning that $40,000 Clam Bay sea grass assessment which absolved Pelican Bay and upheld the results of the Turrell Hall & Associate assessments that are done as conditions of our permit and have been published annually for the past nine years. What I do find to be reprehensible is witnessing and hearing from others that the Tomasko report is being misrepresented now as a report on water quality problems by misuse of terms such as "what if," "maybe," "could be," "would likely," and any manner of other scare-tactic scenarios that seek to obscure the factual results of that report's analysis. The factual analysis in that report shows that there is no danger level of pollutants or other indicators of damaging water quality in Clam Bay. In fact, the Tomasko report stated that indicators of poor water quality in Clam Bay are typically below medium value for Florida estuaries. Another persuasion being used by individuals bent on remodeling our 10-year plan and permit is through a faulty use of the term pristine pulled out of Tomasko report conclusions. The statement within the report conclusion is this: While Clam Page 56 April 8-9, 2008 Bay is, perhaps, not as impacted as some might think, it should not be considered pristine. Then the permit antagonist goes on to try and persuade his listener that if the permit and plan is expansively remodeled, we can achieve a more pristine estuary in Clam Bay. It is a very erroneous use of the word pristine. Pristine defined in the World Book dictionary is at its earliest time or state, original, primitive, primeval, primordial, immaculate, perfect -- CHAIRMAN HENNING: Mrs. Cravens, I have to ask you to wrap it up, please. MS. CRAVENS: Okay, sir. The fact that the areas around Clam Bay are developed means that it cannot be pristine. It is not in its original condition. It has been very much altered by man. And we hope that the commissioners, Halas, Coletta, Coyle, Fiala and Henning, would understand that we believe they were elected to their office to serve because the good people of Collier County entrust them not to be swayed by misrepresentations, poor logic, and persuasive self-interested individuals. The community of Pelican Bay has had a unique relationship with the mangrove forest that inhabits the Clam Bay National Resources protection area. CHAIRMAN HENNING: Mrs. Cravens, we have some questions -- MS. CRAVENS: Yes, sir. CHAIRMAN HENNING: -- for you, if you don't mind. MS. CRAVENS: I don't mind. CHAIRMAN HENNING: We'll start with Commissioner Coyle. COMMISSIONER COYLE: Ms. Cravens, what are you asking us to do today? MS. CRAVENS: Sir, I am kind of setting a precedent for some additional issues that are going to come before the Board of Commissioners here. What has happened in our community in the Page 57 April 8-9, 2008 Pelican Bay Services Division board meetings is there was a unanimous vote to submit a request to renew our original permit -- COMMISSIONER COYLE: Okay. I understand all that. What are you asking us to do today? MS. CRAVENS: I am asking the commissioners to consider and please vote yes when the matter comes before you to renew our original permit. COMMISSIONER COYLE: Why wouldn't you make that presentation at the time when it comes to us for consideration? Are you asking us to make a decision today on something that's coming to us in two or three weeks? MS. CRAVENS: No, sir. I'm bringing the matter up for discussion. It has not been brought before the commissioners before. COMMISSIONER COYLE: We're not going to discuss it unless it's properly advertised. So, you know, what I'm confused about is you know this is coming before us for discussion in a publicly advertised meeting. Why wouldn't you make these comments at that point in time where everyone who is going to be listening and speaking on the subject will be here to hear it and respond to it? MS. CRAVENS: Well, sir, this is my first time here. I really do not know what the normal process is, and so had I been more acquainted with this, perhaps, I would have chosen to do that. COMMISSIONER COYLE: Okay. MS. CRAVENS: So I apologize if! haven't acted according to Hoyle. I understood that I had the ability to file the petition so that this matter, which has not been brought before the commissioners, could at least be spoken to. COMMISSIONER COYLE: Well, I think it's a waste of your time and, quite frankly, the public's and ours, to do it twice, but-- MS. CRA YENS: I would certainly come back again. I don't mind. COMMISSIONER COYLE: I'm sure you would, yeah. But, Page 58 April 8-9, 2008 yeah, I would encourage you to come back. That's the time to talk about this, it really is, because there's nothing we can do about it right now. The only thing we can do with a public petition is to say to you, yeah, we'll bring it back for a formal meeting or we won't. That's all we could do today. MS. CRAVENS: I understand. I just wanted to indicate that the Mangrove Action Group, whom I represent, is solidly behind that effort, and they represent the environmental element of our community. So that's another reason I'm here, sir. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. You keep relating -- or keep referring to the fact that this permit is Pelican Bay's permit. I believe it's a joint effort between the county and Pelican Bay with the county having the oversight of the thing because we're the ones that have to sign for this DEP permit. MS. CRAVENS: Sir, I am not as good a historian on this, but I believe Kay Potter, who may be addressing the commissioners during public comment, would be a better person to talk with you about the history of -- COMMISSIONER HALAS: Well, we can -- I can-- MS. CRAVENS: -- of the permitting. COMMISSIONER HALAS: -- ask staff on this. Maybe they can MR. McALPIN: For the record, Gary McAlpin. The permit was issued to Collier County/Pelican Bay Services Division. We've asked for a legal opinion on this. Collier County is the legal permit holder on this. And as a result of that, Collier County would be liable for any action or lack of action. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Okay. Other questions? Page 59 April 8-9, 2008 (No response.) CHAIRMAN HENNING: I just want to point out one thing, that in the Turrell & Associates (sic) report -- I think this must be the first time I've seen this -- referring to 10 action items. In number nine it says, continue to coordinate with the Collier County staff interest -- stakeholders in the formation of the finalization (sic) of the update of the management plan. And I think that there's some concerns about the estuarine system out there, and I have concerns about that. It's probably not coming from Pelican Bay, but it needs to be addressed. But I can tell you my feeling is, I think the citizens do a better job of taking care of the property than government is. MS. CRAVENS: Yes, sir. CHAIRMAN HENNING: That's where I stand, but I have a-- just an overall concern about what might come out of this permit action for a renewed permit. But I also look at some opportunities to enhance the system out there. That's definitely not a motorized -- Clam Bay is not a motorized bay. Never was set up to -- that way. And it hasn't been. But hopefully we can make things better. And this is coming up on our April 22nd meeting? MR. McALPIN: I believe that's correct, sir. MR. MUDD: Yes, sir. There's a couple of things that you need to understand on this one. As you go forward with a renewal on a permit, you have to satisfy the conditions from the old permit before you get a renewal. We were challenged by -- and I believe -- CHAIRMAN HENNING: Mr. Busier? MR. MUDD: Dr. Busier challenged us, basically said on our management plan -- and there were a couple items that, as you read the plan and you look at the permit, were not addressed and were not corrected, one of which was the drawbridge on -- that goes from -- what is it, Naples Grande now? It used to be the Registry, okay -- parking lot next to our parking lot. Page 60 April 8-9, 2008 You take the boardwalk down, there's a portion that goes over the outfall to Clam Pass, and it was supposed to be a drawbridge. Well, that drawbridge was designed to be a drawbridge, but it -- over the years, over 22 years, had -- had some fixed piping that was along the bridge. We had to go back and get that removed so that it was flexible so that it could be a drawbridge again. Did that. Got that corrected. Other issue was sea grass water quality, as was stated during the petitioner (sic), that led us to the Tomasco report, which people finally call that report, and basically said that there was no significant die off of sea grasses. They haven't improved much. Water quality is a concern, as is every inland lagoon in the State of Florida as far as water quality is concerned, and there wasn't much difference there. The last thing that's outstanding in the present permit is the designation of the navigation canal. You have to designate -- and that was never designated. And Mr. McAlpin is meeting with the Seagate residents, City of Naples, the support division out of Pelican Bay, trying to get some consensus on where the navigation canal needs to go. The canal -- when you talk -- it's only a foot and a half deep, all right? So let's make sure we understand it's not a canal as we would think. And Commissioner Henning hit it on the head, it isn't a motorized canal by any stretch of the imagination. I will tell you the drawbridge, when that condition was put into -- into the permit, there was one resident in Seagate that had a sailboat. Now, how that sailboat with a keel was supposed to go out that pass and through this navigation canal is still a mystery to me. And I don't know ifthere was some intent in someone's mind that that canal would be dredged at some time in the future, but it is not in the management plan, and there is no action or intent by staff to do that. So we're going to abide by the present permit and make sure all the conditions are done. Page 61 April 8-9, 2008 Our fear from staffwas, if we're challenged at FDEP, you get a consent order. Consent orders don't fix anything, but they affix great fines upon the county. So let's get the permit in order before we go forward to the Board of County Commissioners with a renewal of that permit. There was a statement that was made this morning by the petitioner that said that the Pelican Bay foundation pays for this particular work. I want to make -- I want to make sure that you understand that it isn't paid in total, Commissioners. You pay a quarter of a million dollars to $350,000 a year for the maintenance of that particular permit, and the Pelican Bay Services Division partner with anywhere from 100- to $150,000 a year in that particular endeavor. COMMISSIONER FIALA: How much do we pay again, I'm sorry? MR. MUDD: Anywhere from -- depends on the year -- 250- to 350-, and Pelican Bay Services, over the years, has paid anywhere from 100- to 150-. So you've got about two-thirds of the particular Issue. I also want to make sure that you understand that that land is yours. You -- that whole mangrove belongs to Collier County. There was a comment that was made by the chairman that basically says -- talks about their property. This is Collier County's property. COMMISSIONER FIALA: Thank you. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, Mr. Chairman, I was just going to say, why are we discussing this here? We're going to have to do it all again when it comes up for a hearing. Why do it twice? COMMISSIONER HALAS: We're going to hear it again today later on. COMMISSIONER COYLE: Well, I don't want to hear it again Page 62 April 8-9, 2008 today later on either. It's going to come up for a meeting. Let's do it then. CHAIRMAN HENNING: I have one question though, if you don't mind. COMMISSIONER COYLE: Oh, I don't mind. CHAIRMAN HENNING: Just one question. And hopefully I'll just get a simple answer and we can move on. COMMISSIONER COYLE: Good luck. CHAIRMAN HENNING: Yeah. With the -- has the funding sources been looked at recently? Has anybody got together, looked at funding? MR. MUDD: Commissioner, we have the budget for this year, which has that two-thirds/one-third allocation laid out. This year you've got -- I'm going to -- CHAIRMAN HENNING: You're right. MR. MUDD: -- be just a second. This year you have $325,000 allocated to the particular issue; 106- is coming out of Pelican Bay and 214- is coming out of the county, out of 111. So -- and you get around 11,000 from TDC. But -- so we are going to look at it in this particular endeavor. Part of the issue, as we talked to Dr. Busier's complaint and the City of Naples got engaged -- Councilman Sorey has been quite active in this particular regard -- is to try to get the City of Naples also to partner as far as costs is concerned in this endeavor, because they seem to have some great concerns, but yet the dollars haven't been forthcoming as far as the water quality and stuff is concerned. So that's also been under the table, but we haven't received an offer as far as their participation as far as monetary contribution is concerned. CHAIRMAN HENNING: Okay. Any other questions or comments? (No response.) Page 63 April 8-9, 2008 CHAIRMAN HENNING: Thanks for being here with us today. MS. CRAVENS: Thank you. I'll be back. CHAIRMAN HENNING: Thank you. I guess we're moving on to 9. Item #9B RESOLUTION 2008-90: APPOINTING CRAIG R. WOODWARD TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED MR. MUDD: Yes, sir. That would bring us to 9B. 9A is tomorrow. 9B is appointment of members to the Archaeologic -- Historical! Archaeologic Preservation Board. COMMISSIONER FIALA: Motion to approve Craig Woodward. CHAIRMAN HENNING: I second the motion. Motion by Commissioner Fiala, second by Commissioner Henning to appoint Craig Woodward to the Historical! Archaeologic Preservation Board. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, 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 64 April 8-9,2008 Item #9C RESOLUTION 2008-91: APPOINTING JAMES GUERRERO AND CARRIE WILLIAMS TO THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE - ADOPTED MR. MUDD: Next is appointment -- it's 9C. It's appointment of members to the Immokalee Master Plan and Visioning Committee. COMMISSIONER COLETTA: Yes. Motion to approve the committee's recommendations of James Guerrero and Carrie Williams. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Fiala to accept the committee's recommendations. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor ofthe 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. Item #9D RESOLUTION 2008-92: DECLARING A VACANCY ON THE Page 65 April 8-9, 2008 COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED MR. MUDD: The next -- the next item is 9D, recommendation to declare a vacancy on the Collier Government Productivity Committee. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion to approve the declaration of vacancy on Productivity Committee by Commissioner Halas, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, 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, unanimous. Item #9E RESOLUTION 2008-93: APPOINTING JAMES R. GIBSON JR. AND GINA D. DOWNS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is 9E, appointment of members to the County Government Productivity Committee. Page 66 April 8-9, 2008 COMMISSIONER COLETTA: Motion to approve James Gibson and Gina Downs, as the committee recommendations. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to approve committee recommendations, second by Commissioner Halas. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor ofthe 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. Item #9F RESOLUTION 2008-94: REAPPOINTING RICK MEDWEDEFF AND MURRAY H. HENDEL; CONFIRMING THE APPOINTMENT OF COUNCILMAN JOHN F. SOREY, FOR THE CITY OF NAPLES AND CONFIRMING THE APPOINTMENT OF COUNCILMAN ROBERT J. POPOFF, FOR THE CITY OF MARCO ISLAND TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED MR. MUDD: Next item is 9F, appointment of members to the Tourist Development Council. COMMISSIONER FIALA: Motion to approve committee Page 67 April 8-9, 2008 recommendations Rick Medwedeff and Murray Hendel. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to accept the committee's recommendations, second by Commissioner Halas. MS. FILSON: Excuse me. CHAIRMAN HENNING: Yes. MS. FILSON: Okay. I'm sorry. And we also need to confirm the City of Naples' recommendation of Councilman John Sorey and Marco Island's recommendation of Councilman Robert Popoff. CHAIRMAN HENNING: Is that a part of your motion? COMMISSIONER FIALA: Yes, it is. COMMISSIONER HALAS: And that's part of my second. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Just a clarification, that it's a part of the motion to recognize the city's recommendations for members of the Tourist Development Council. Discussion on the motion? COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I just want to point out that we do have attendance records here, and I'm a little bit concerned that. It's not the end of the world, but it's still some concern where Rick Medweff(sic)-- CHAIRMAN HENNING: Medaweff (sic)? COMMISSIONER COLETTA: Medaweff -- has missed one-third of the meetings. I just wanted to share that with you. I know he's made some great contributions on that committee, but I think it's very important to mention that. CHAIRMAN HENNING: Okay. Any more discussion on the motion? (No response.) Page 68 April 8-9, 2008 CHAIRMAN HENNING: All in favor ofthe 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. Item #9G RESOLUTION 2008-95: REAPPOINTMENT OF MURRAY H. HENDEL (CITY OF NAPLES) AND TED FORCHT (MARCO ISLAND) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is 9G, appointment of members to the Collier County Coastal Advisory Committee. COMMISSIONER FIALA: Motion to approve Murray Hendel for the City of Naples recommendation, and Councilman Ted Forcht from the Marco Island recommendation. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: The motion by Commissioner Fiala to accept Murray Hendel and Councilman Ted Forcht. COMMISSIONER FIALA: Yeah, think it's Forcht. CHAIRMAN HENNING: Forcht. Second by Commissioner Halas. COMMISSIONER FIALA: Like a spoon, fork. CHAIRMAN HENNING: Discussion? I -- this committee is a technical advisory board; is that correct? Does anybody know? Page 69 April 8-9, 2008 COMMISSIONER HALAS: Coastal advisory board. MS. FILSON: It's not the quasi-judicial, if that's what you mean. CHAIRMAN HENNING: No. Yeah, but they have to abide by the sunshine law. Technical -- I believe it's supposed to be comprised of members that have technical knowledge of either engineering or biology; is that correct? MS. FILSON: Actually there are a certain number of members that are technical and there's a certain number that are nontechnical. CHAIRMAN HENNING: Oh, and these are the -- okay, great. MR. MUDD: Yes, sir, but this board does oversee the projects that get done on the coastline. They walk the projects, they look at them, see how they're going to be monitored, and ifthere's any construction to be done. They're also the approving body before it comes forward, and we go over all the technical aspects with this board before this action would ever go to the TDC, and then to the Board of County Commissioners. CHAIRMAN HENNING: Okay. Any other discussion on the motion? (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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9H Page 70 April 8-9, 2008 RESOLUTION 2008-96: REAPPOINTING GEORGE E. FOGG TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is 9H, appointment of a member to the Forest Lakes Roadway and Drainage Advisory Committee. COMMISSIONER FIALA: Motion to approve George Fogg. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve George Fogg, second by Commissioner Henning. Discussion on the motion? (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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, unanimous. Item #91 RECONSIDERATION OF ITEM #10G FROM THE MARCH 25, 2008 BCC MEETING WITH REFERENCE TO FINAL APPROVAL OF ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF OLDE CYPRESS UNIT ONE (OLDE CYPRESS PUD) - MOTION TO RECONSIDER AND BRING BACK AT THE MAY 13,2008 BCC MEETING - APPROVED Page 71 April 8-9, 2008 MR. MUDD: Commissioners, the next item is 91, reconsideration of item lOG from the March 25, 2008, BCC meeting with reference to final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress unit one, Olde Cypress PUD, and the request is from Commissioner Henning, Chairman. CHAIRMAN HENNING: Commissioners, you can see the backup material, and for those that were here or reviewed the minutes, just wanted to correct what we approved at the last meeting. So I want to make a motion to reconsider the Olde Cypress bond for tract R-I. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: And there's a second by Commissioner Fiala. 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. MR. MUDD: And this item will come back on the 13th of May meeting, sir. While we're talking about reconsideration, it was brought to my attention at break that item 16D15, which the board approved on the consent agenda, which was a recommendation to approve and execute a lease agreement with Goodwill Industries of Southwest Florida, Inc., for space to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts Center location at 905 Roberts Avenue in Immokalee for an annual cost of$12,000. The cost of this Page 72 April 8-9, 2008 rental property will be paid from the Older American's Act grant funding. I was informed by the County Attorney's Office that that particular lease has some corrections that need to be made to it. I would ask the board if they would consider that item and continue it until the next meeting, and we'll bring it back. COMMISSIONER HALAS: So moved. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: There's a motion by Commissioner Halas to reconsider the item, and there's a second by Commissioner Coletta. 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. Now, we have to -- do we have to do a motion to continue it? MR. WEIGEL: I think it was implicit in the motion, but you can go ahead. I think that would be just fine to do that, and I'll indicate as well that with the motion to continue, the matter will come back on -- the May 13th meeting, did you say, Jim? CHAIRMAN HENNING: 22nd. MR. MUDD: It would come back on the 22nd. MR. WEIGEL: Oh, the 22nd, okay. The other one's the 13th, pardon me -- on the April 22nd meeting, and the lease will have some revision to it in the submittal. So yes, a motion to continue would be wonderful. CHAIRMAN HENNING: Commissioner Henning makes a Page 73 April 8-9, 2008 motion to continue to the April 22nd meeting. Is there a second? COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Halas. Discussion? (No response.) CHAIRMAN HENNING: Seeing none, 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. MR. MUDD: Thank you, Commissioners. The next item is lOA, and you've continued that until the 22nd because it needs to be properly advertised. You did that this morning. Item #10B RESOLUTION 2008-97: DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS ON RESTRICTING THE USE OF REMAINING FUNDS FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS FOR FY08 - ADOPTED (OPTION #4) The next item is lOB, obtain direction from the Board of County Commissioners on restricting the use of remaining funds for deferral of Collier County impact fees for owner-occupied affordable housing units for FY -'08. Page 74 April 8-9, 2008 Ms. Marcy Krumbine, your Housing and Human Services Director, will present. MS. KRUMBINE: Never mind. Good morning, Commissioners. Marcy Krumbine, for the record, Director of Housing and Human Services. To give you some background, we had an affordable housing workshop on March 4th of 2008, and at that workshop, Commissioners, you requested that I come back to you with a recommendation of -- and a discussion on, should impact fee deferrals for the rest of this fiscal year be deferred and limited to 60 percent of the median income. And so we're here today with that report and request for your direction. This past fiscal year of '07/'08, we had over $2.8 million in general impact fees that we could defer and 750,000 in water and sewer impact fees that came from the general fund, and 225 rental or CWHIP units that we could defer. To date what we've done is -- is we have spent and have at -- left $460,000 of general impact fees, and no more water and sewer money at all, and 129 rental apartments. And so we have -- 82 percent of what we have spent so far has gone to families who've earned 60 percent or less of the median. Eighteen percent are over that 16 percent; that includes 17 families, 11 of which were from Habitat for Humanity as well. And we also have within this program our builder deferral commitments, and those are builders that get up to 50 at a time, deferrals, for their impact fees, and then they will, in turn, turn over to an occupied unit. When that happens, there is no change in the money anymore. That money's already been accounted for. So a good example of that is Lennar Homes, whom we've already deferred about four buildings for them, the Vistas -- the Vistas at Heritage Bay on Immokalee Road. So one of the key points that we want to bring up is, do you want Page 75 April 8-9, 2008 to exclude those -- those units from this limited to a 60 percent of the median income. So we've actually given you four options in your executive summary . Option one is, is to -- for the remainder of this year, limit all the rest of the impact fee deferrals to 60 percent of the median income, but we're recommending that you exclude the transfers from the developers. Option two would be to allocate it in percentages. For example, we are already doing about an 80/20 split, so you might want to go ahead and do that and do the next 80 percent at 60 percent and below, and that would be about $380,000, and limit the rest of the money, about 90,000, 100,000, over 60 percent of the median income. Option number three -- this is kind of like a Chinese menu. You can pick one. Smile, okay. Option -- go on. CHAIRMAN HENNING: Door number one. MS. KRUMBINE: I'm onto number three. CHAIRMAN HENNING: Door number three. MS. KRUMBINE: Yeah, door number three. So you're with me. We could do that one too. Number three, we've got the option of limiting the percent that you defer. For example, for 60 percent and below, you can -- you could do all of them 100 percent of the deferral, and if you're over 60 percent, you could say, well, let's defer 50 percent of it or 75 percent of it. And then option number four, door number four, you could say, let's not do anything. CHAIRMAN HENNING: Okay. We're going to go to Commissioner Fiala, then Commissioner Coyle, and Commissioner Coletta. COMMISSIONER FIALA: Yes. I haven't felt comfortable with that 100 percent to 60 percent and below because there are a lot of Page 76 April 8-9, 2008 people that just squeak over that line and they're excluded and, yet, they can't afford to buy a house any more than below 60 percent. So as I looked at these options, option two seemed to be most fair. I look to you for recommendations, but option two, whereas everybody gets a little bite of the apple. So that was -- that would be my recommendation. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'll tell you where this gets confusing for me, Marcy, and it is in that area where we've approved something and it hasn't been built yet. For example, we've promised Mr. Klohn that we're going to give him impact fee deferrals whenever he gets ready and he builds the property. How does that factor into this? How do you account for that? MS. KRUMBINE: Okay. That -- that would be under that -- on the rental or CWHIPs, okay. And we said we have 127 of those left, or whatever it is. And so that -- that hasn't been accounted for here at all. That's still -- that's still what you have to look forward to. And because that is specific, it's a specific -- project specific and CWHIP specific, that already goes up to 140 percent of the median income. So I don't think that would be in this -- in this decision making. COMMISSIONER COYLE: None of your alternatives will affect that issue? MS. KRUMBINE: No, no. COMMISSIONER COYLE: Okay. Now, we know that Habitat for Humanity continues to build at a fairly rapid rate throughout the year. MS. KRUMBINE: That's correct. COMMISSIONER COYLE: You can generally forecast how many they're going to have available from month to month. Now, for this fiscal year, based upon their projected building rate, how many are they going to require? Page 77 April 8-9, 2008 MS. KRUMBINE: Well, they -- they keep at least 50 developer impact fee deferrals in their pipeline at all times. COMMISSIONER COYLE: Okay. MS. KRUMBINE: And -- and they'll use whatever -- they're building. And so they'll use whatever there is there, and they have outstanding ones too that will turn over to the owner-occupied still. COMMISSIONER COYLE: Do they have enough to meet their building demand for the rest of this fiscal year? MS. KRUMBINE: There's never enough. And even the 486, what's ever left is not going to be enough for them. Not only is it not going to be enough, but now we can't defer water and sewer, so they'll be paying the water and sewer. COMMISSIONER COYLE: Then let me ask you a final question. Why should we change this at all? You already have about an 80/20 percent split. So you adopt another alternative, another policy that says we're going to have 80/20 percent split, how's it going to change what we're doing anyway on a first-come/first-serve basis? MS. KRUMBINE: I agree. I think that our analysis shows that we're already kind of meeting that need -- COMMISSIONER COYLE: Yeah. MS. KRUMBINE: -- without doing anything more. COMMISSIONER COYLE: Yeah. So I would opt for option four because -- I hesitate to change the rules at this point in time and go into a new program to decide how we're going to allocate these things because I don't know how that's going to work. But we know what we're doing, now, we know how that works, and it's given us an 80/20 split. So why should we go to another program to have an 80 percent/20 percent split? I don't understand why we need to do that, but -- okay. Now, do -- are you telling us that we're going to run out of money by the end of this fiscal year? MS. KRUMBINE: Absolutely. Page 78 April 8-9, 2008 COMMISSIONER COYLE: Okay. Do you know what the deficit is likely to be? Just an estimate, ballpark. MS. KRUMBINE: By the deficit, do you mean how many units won't -- COMMISSIONER COYLE: The need versus -- the need for deferrals versus what we've got available. MS. KRUMBINE: Well, a lot of it is going to depend on the construction. For example, Lennar Homes, you know, are they going to be able to sell units so that they can then take more deferrals? Habitat is not here, and I hesitate to speak for them. They usually do at least 100 to 125 units a year, and they did last year. They did about 125 units. And so far we've done about 80 of those units for them; 80 to 90 of those units are theirs. So I would assume that they'll be able to do at least another 50 units. COMMISSIONER COYLE: And they've got 50 in the pipeline? MS. KRUMBINE: Yes. COMMISSIONER COYLE: So I think that's a fairly reasonable break. So they're -- they seem to be okay? MS. KRUMBINE: I think so. COMMISSIONER COYLE: Okay. Who is in danger of not being able to get the deferrals in order to continue the constructions? Who do you think -- are there any projects underway right now where these people are going to build and find out that we don't have the money to provide the deferrals? MS. KRUMBINE: I would say that it could be Lennar Homes and Ave Maria. COMMISSIONER COYLE: Okay. Now, you think those will be ready before the end of this fiscal year? MS. KRUMBINE: I'm sure they will be, and Lennar Homes is in the audience, so you might want to ask them directly. COMMISSIONER COYLE: Well, we'll get to hear from them. Well, my vote is option four, leave it the same, first-come, Page 79 April 8-9, 2008 first-served. CHAIRMAN HENNING: Commissioner Coletta and Commissioner Halas. COMMISSIONER COLETTA: Yes. Marcy, of course, we're-- everything we do is subject to available funds. I mean, no matter what we say here today or how we set this up, when the funds run out, they run out. It's that simple. There's no way around that. So I understand what we're trying to do in the interim is trying to get the biggest bang for the buck. I'll tell you what I'm really concerned about is the fact that back when the market was going hell-bent and everybody was out there to build high-priced homes to get the biggest possible profit going, we had a couple wonderful examples step forward. They worked with this commission, they worked with the Regional Planning Council to come up with a matrix to be able to come up with a balanced community . And, you know, whether we've got a contract or we don't have a contract, we still have an implied promise that we were going to have the money available. And at that time, we had no reason to suspect it would be any different. Who would ever think that the market was going to take the turnaround that it did, that we would have the drop-off in impact fees and that 3 percent would be a diminishing number? I think that we somehow have got to be able to preserve that trust, that promise that we made to these people to build the affordable homes within their community. I think it would be very detrimental. When we -- when the economy returns and we try to work out different deals with the developers to make sure that affordable housing is provided for or they come forward, how are they ever going to -- what reason would they have to trust us if we can't hold that trust now and be able to provide for it? Which one of these alternatives allows for us to be able to make Page 80 April 8-9, 2008 these people reasonably whole? MS. KRUMBINE: That would be option four. COMMISSIONER COLETTA: And that's the one that Commissioner Coyle just said that he likes? MS. KRUMBINE: That's correct. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. I guess the best thing to say is that we'll dispense with the money as much as possible under option four, and then when we run out of money, the program is suspended until such time as the bank is full of money again. So that's where I stand. CHAIRMAN HENNING: Okay. It would be a great day in Collier County if we did nothing. Government doing nothing. That holds everybody harmless, which is option four. But we have some speakers. COMMISSIONER COYLE: Well, it's not nothing. We're just not changing our current practice. CHAIRMAN HENNING: I misunderstood. We have some speakers. MS. FILSON: Yes, Mr. Chairman. We have three speakers. The first is Steve Hart. He'll be followed by Bill Klohn. MR. HART: Thank you, Mr. Chairman, Commissioners. I'll make this very brief. My name is Steve Hart, Senior Vice-president for Public Policy, Greater Naples Chamber of Commerce. I think your decision that you voiced is the good one and, indeed, Mr. Chairman, you are right, it will be a great day, and today will be the day when government does nothing, so thank you very much. CHAIRMAN HENNING: Bill Klohn. He'll be followed by Russell Smith. MR. KLOHN: Bill Klohn, MDG Capital Corporation. Thank you very much. I agree with all the commissioners, and I applaud you Page 81 April 8-9, 2008 for recognizing that those developments that are underway, while we all recognize that impact fee money runs out every year, deferral money runs out every year, there are still the developers that are building affordable housing, Arrowhead and the Lennar projects, of which Lennar is actually in Arrowhead. So I think you did the correct thing today, and that's to go with option number four to give everybody the opportunity and not just those under 80 percent. Thank you very much. MS. FILSON: Russell Smith. MR. SMITH: Russell Smith with Lennar Homes. Given the sentiment of the board, I think I have a lot less to say than I would have otherwise. But I just want to say that our participation in the affordable housing program is a particular point of pride with Lennar. We're doing so in the Vistas of Heritage Bay. We're also doing so in a community called the Town Homes of Trafford Isle, which is a part of Mr. Klohn's Arrowhead community, and we look forward to continuing to participate on a going-forward basis. So thank you very much. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to make a motion for option four. And also, too, I just want to clarifY one thing, can we add to that motion that no new entities can enter into this? I mean, we're honoring what's been done in the past and what have come before this commission, but if we leave it wide open where anybody can jump in -- the market out there's depressed. I'm sure people are going to be looking for opportunities. I'd like to honor the commitments that we made, but I don't want to make any more new ones. Why do we want to draw the inventory any more than is already there? That's a thought. I don't know. I would like to include that in my motion. Page 82 April 8-9,2008 CHAIRMAN HENNING: Commissioner Coletta's made a motion. Is there a second to the motion? (No response.) CHAIRMAN HENNING: Motion failed for lack of second. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would support your motion. The problem is closing a program out and not letting any other applicants apply, because someone can apply, and the funds will actually -- could actually be expended in the next fiscal year. So what -- I think I -- it would be sort of risky to leave the impression that we're trying to close down the affordable housing market because of the timing of funds. We're going to have more money available starting the first of October. That's not all that far away. And while we might be short for the next few months, we'll have additional funding available after -- at the beginning of the new fiscal year, and it could be used for someone else's entry into the program, and that's my only concern with the motion. But I would support your basic motion to approve option number four. I will second that. COMMISSIONER COLETTA: Okay. I'll reframe that motion to be just option number four. CHAIRMAN HENNING: Commissioner Coletta has a motion to approve option four, seconded by Commissioner Coyle. Discussion on the motion? (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. Page 83 April 8-9, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MS. KRUMBINE: Thank you. CHAIRMAN HENNING: Thank you. Item # lOC RESOLUTION 2008-98: AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $50,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE CONSTRUCTION OF OIL WELL ROAD, COLLIER BOULEVARD (DAVIS TO N OF GG MAIN CANAL) & DA VIS BOULEVARD (COLLIER BOULEVARD TO RADIO ROAD); AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIA TE LEGALLY A V AILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAYBE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE - ADOPTED MR. MUDD: Next item is 10C. It's a recommendation to adopt a resolution authorizing the borrowing of an amount not to exceed $50 million from the Pooled Commercial Paper Loan Program of the Page 84 April 8-9,2008 Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the commission in order to finance the construction of Oil Well Road, Collier Boulevard, Davis to north of Golden Gate Main Canal, and Davis Boulevard, Collier County -- excuse me, Collier Boulevard to Radio Road; authorizing the execution of a loan note or notes to evidence such borrowing; and agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; and authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Mr. Norman Feder, your Transportation Service Administrator, will present. MR. FEDER: Commissioners, want to present to you, first of all, that this issue is brought to you as part of our last AUIR and work program and budget cycle where, to balance the work program at that time, we noted the need to try and borrow the 50 million as needed. And, again, that's the case. We will not borrow any of this money until needed. We're in the process of updating our work program. There are reductions that we're going to be experiencing. We're building those in. We still need this effort at the 50 million to retain projects, and we've identified those as Oil Well and Davis with one of the Davis projects being reimbursed, starting in fiscal year '13, which actually starts July 1 st of 20 12 as part of our effort in repayment. Our work program has already assumed a 40 or 50 percent reduction, as we're experiencing right now from the prior work program in impact fees, yet we still have balanced through movement of some projects out a reduction of about half the right-of-way on Vanderbilt Beach Road, some other reductions that you'll be hearing about as we go through the AUIR and the work program such that we Page 85 April 8-9, 2008 feel confident in being able to repay based on a six-year repayment schedule on a 5 percent assumed rate on the 50 million. Again, though, I need to emphasize, that while some of the lettings that we're looking at are in fiscal year '09, we will not borrow any, a portion or all, for that matter, of the 50 million until, in fact, on a cash flow basis we need funds. We continue to need to be in a position where, on an encumbrance basis we have the monies and we know we have them to make those commitments in the contracts that you approve, but we also are not going to borrow any of this money until, on a cash flow basis, we need it to pay the bills. Having said that, I'm open to any questions you might have. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Norm, how can you feel certain .that impact fee payments will continue at the current rate? And I'm not sure what you call the current rate. Is it the rate this month or is it the rate this past 12 months or last year? What is the current rate? MR. FEDER: No. What we've done -- again, I obviously cannot assume that impact fees, for that matter, will continue, as we all know. But we have, so far and until proven otherwise, are assuming that impact fees will still be available to Collier County and other counties in the future. But what we have done in our work-up or the work program, is reduced, as I said, about 40 to 50 percent what was our prior projection of our impact fee revenue stream based on the economic downturn in what we're experiencing this year in impact fee collection. COMMISSIONER COYLE: Okay. Two potential occurrences. One is that the legislature will restrict our ability to collect impact fees, maybe eliminate them. I doubt it, but maybe. If they do that, what is your escape clause here? How do you get out of that box? Page 86 April 8-9, 2008 MR. FEDER: My escape clause is that I will not then be doing other projects I have programmed in the later years of my five-year work program. I'll be using that gas tax revenue to pay back this loan unless there is some other revenue stream that allows me to maintain my work program. COMMISSIONER COYLE: Okay. If you fail to proceed with something that's in your five-year plan, that opens the door for development to proceed with a payment of a fair-share contribution, which would not cover the amount of construction necessary to do the job. MR. FEDER: We would then have a concurrency issue that we'd have to deal with. And, again, we're making an awful lot of assumptions about what is going to happen out of this session or subsequent sessions. I think they're valid given the response we've had in prior sessions and the bills that are out there, so I understand why the questioning. But, again, I have to assume basically on existing conditions. In answer to your question, we would seek, given our abilities, to then respond based on concurrency that we don't have these improvements, that they can't move forward until they make significant improvement. And whether or not that's allowed as a proportionate share, if I don't have anything programmed within the five years, theoretically that's not supposed to be the case, at least today. Who knows what happens in the future. COMMISSIONER COYLE: Yeah. My only concern is that once we make a commitment to do something and we negotiate a contract with a road builder, we're going to be obligated to pay that money. MR. FEDER: That's correct. COMMISSIONER COYLE: And our source of revenues could be severely curtailed. So if you feel you have been extremely conservative in those projections, I guess we'll have to rely upon that. Page 87 April 8-9, 2008 But in the -- the other solution you have is, I presume, is to do the construction in phases that you might be able to slip 12 or 14 months to provide you the opportunity to get additional funding without closing down the entire project. MR. FEDER: Obviously we will explore all options. My problem there is a few things, Commissioner. First of all, we made some commitments as part of a DCA relative to Oil Well. And so while we're waiting for permits to come through as part of the design underway, we're going to need to respond to some ofthose commitments, which are about 54 million based on what was established at that time, so that's a big part of why I'm going after this ability . Additionally, as I said, we have pushed some projects out. We don't have a lot of items that we're anticipating our work program has already been, at least what we're presenting here, severely reduced, and I'm not sure that the 14 months will really address my issue, because what I'm telling you is, I don't have a lot really out in the third, fourth, and fifth years right now, and I'm utilizing this, and then I will be paying this back, much like we did with our gas taxes previously in bonding. So it's going to be lean years for new transportation projects unless something changes or the economy Improves. COMMISSIONER COYLE: Okay. One final question. How much of the money in 2013 and' 14 represents reimbursements from FDOT? MR. FEDER: We're not assuming that that's the way we'll pay it back, but I would be able to get, within 2012, about four million and eight million, each of the '13 and '14. COMMISSIONER COYLE: Okay. MR. FEDER: And obviously if impact fees didn't come forward, that's what we would use to pay back before gas tax. COMMISSIONER COYLE: And they do not pay us back. If Page 88 April 8-9, 2008 they do not reimburse us, what does that do? MR. FEDER: And then I'm back to reducing other activities in that year and working with gas tax, unless, of course, there's some other way the board could assist in my program. COMMISSIONER COYLE: Okay. So you're going to be in a position where you can postpone a project if you find out that you don't get the impact fee collections and/or you don't get the reimbursement from FDOT. MR. FEDER: Yes, and I hope not to be there, but yes. COMMISSIONER COYLE: Okay. MR. FEDER: That's what we've tried to establish, and we've kept pretty lean outer years to be able to come back in case. And we've severely reduced our impact fee collection. I haven't gone quite as far as the state's talking about, but we've reduced them quite a bit. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: In regards to the commercial paper, what is it going to cost us for this commercial paper? MR. FEDER: What we're looking at is the prospects -- and I might defer this, but I was told to use -- I don't want to say worst-case scenario, but 5 percent, and we're looking over a six-year period. So in your executive summary, if we took that -- and, again, I'm not going to borrow it as quickly as shown. I'm not going to borrow it immediately in '09 because I'm going to go on a cash-flow basis, so I'll be borrowing portions of it over time. But in borrowed all of it in '09, we've given you a pay-out schedule that would be required. In borrowed all of it day one of '09, and then my payment would be over the six years, is about 59 million, so it's going to cost me nine-and-a-half million if I went on that pay-out schedule. But again, that's meant to be conservative. And as I said, we won't borrow these funds until my cash flow basis requires me to make payments. Page 89 April 8-9, 2008 COMMISSIONER HALAS: Okay. MR. FEDER: But I need it there for encumbrance basis. MR. MUDD: The other thing, Commissioner, just as -- if I might interject that Norman basically is basing his payback on 5 percent. Right now commercial paper is at 1 percent, according to -- Mr. Y onkowsky can tell me if I'm wrong. It's at 1 percent. I wish I could get a home mortgage at 1 percent. But we can get his commercial paper. Now, it does fluctuate and it's based on the market. It's not going to stay there. But traditionally it's been -- it's been below 5 percent. We're just basically being conservative as far as our payback is concerned. The other piece that I will also bring to your attention is this $50 million, as I expressed to you before, about a year ago when we talked about Norman's five-year program, will bring you to your debt limit, according to your Growth Management Plan. So you -- this particular loan brings you at that 13 percent. And we will not be borrowing additional dollars for a while, for a couple years. I said -- three was my statement a year ago, and I'll stick by that. COMMISSIONER HALAS: Okay. The other questions I have -- I've got a couple more here. If -- and this is a big if. The climate that's up there in Tallahassee at present time, if something came about that we had to pull this from reserves, how would this affect the county in case we had some type of a disaster and had to pull from reserves? Ifwe had to pay the 50 million back-- MR. FEDER: I'm going to probably defer to Yonkowsky, but what I will note to you that, for instance, in the prior hurricanes, we used some of our operating budget. We're very aggressive in getting reimbursement for our funds, and we're able to get that from Florida DOT and through FEMA. And I'm not sure how far we went into reserves. But I know in my area, in traffic ops, my transit, as well as my road and bridge, we utilized funds and then got reimbursements to Page 90 April 8-9, 2008 our accounts. But I'll defer to John Y onkowsky to make sure I'm answering that correctly. MR. YONKOWSKY: Good morning. For the record, John Y onkowsky, your Budget Director. Commissioner Halas, would you restate the question, please. COMMISSIONER HALAS: Ifwe -- if something came about whereby our impact fees were impeded and we also found that we couldn't raise any additional revenue to payoff this bond issue and then, of course, we had to go back to reserves to pay this mortgage off, say we had a storm, how would this affect, since we had to get into our reserves to pay this off because we paid for a storm? MR. YONKOWSKY: Commissioner, what we did was, I take a look for next year, for example, a very Draconian decrease in fees that are eligible to covenant, to budget, and appropriate, and even at that, you would still -- we believe you have sufficient funds to pay for this from reserves. And we'd -- like I said, we took a very Draconian look, as if impact fees were dropped down to almost nothing next year, 25 million. So in the immediate year, there's not an issue. In the outer years, there may be an issue, but I can't really address that. COMMISSIONER HALAS: Okay. MR. YONKOWSKY: You do have sufficient funds in reserves to cover some major catastrophic events. COMMISSIONER HALAS: You answered my question. CHAIRMAN HENNING: Before I go to Commissioner Coletta, I received a phone call this morning and -- to find out what the possibilities to include the Santa Barbara section to the north on -- that is unfinished from its terminus to Green Boulevard. MR. FEDER: Commissioner, we are moving on the right-of-way. I know we had pulled off of that to go further to the south. I don't currently have construction on that section, and my work program, unfortunately, is going the opposite way rather than Page 91 April 8-9, 2008 bringing in new projects. We do see that as important though, and what we are trying to do is find a way to bring that in. Let me see what we've got in the draft here. Yeah, we're working right now on right-of-way, and we've got about four million in there for right-of-way over the next two years. I would love to add that section, Commissioner. Don't have the funding right now. CHAIRMAN HENNING: Yeah. I guess my concern is, once you do the section to the south from Davis to Rattlesnake Hammock, it's going to be a major north/south corridor, and then we're in construction and that segment needs to be -- MR. FEDER: I think we all know how we got there to some degree and all the debate and discussion. We wanted to go to Pine Ridge initially as well, that two years of debate put us in a lot higher cost for the southern section. But having said that, I understand the community's interest now, and we want to get to that project. And I agree with you, it's a segment that we're going to need to address. Just right now what I'm finding is a retraction of my program, not expansion. CHAIRMAN HENNING: Yeah. The discussion prior was because of -- Livingston Road was completed, it was taking a lot of pressure off Santa Barbara. MR. FEDER: A lot of people on Livingston -- CHAIRMAN HENNING: I'll only make a statement. My concern is, when you do such a great job by completing all the way to Rattlesnake Hammock, it's going to become a major north/south. MR. FEDER: And I concur fully, Commissioner. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Back in 2000 this commission agreed that roads were our number one priority, and every year we reaffirm that, the directions that we Page 92 April 8-9, 2008 came up with. And I've listened to what's taken -- what the discussion was today, and I think we -- rightly so, we're concerned about the money and the revenue streams coming and going. I'm satisfied with the answers that I heard, and I think that we've exercised due diligence. And with that, I make a motion for approval. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Coyle. Discussion on the motion? (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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. FEDER: Thank you, Commissioner. CHAIRMAN HENNING: True statement, Commissioner Coletta. Hasn't changed for me one bit. COMMISSIONER COLETTA: That's right. Thank you. Item #10D RESOLUTION 2008-98A: DESIGNATING A PARCEL OF LAND WITHIN THE COLLIER COUNTY GOVERNMENT CENTER CAMPUS FOR USE AS AN INTERMODAL TRANSIT PASSENGER TRANSFER FACILITY - ADOPTED Page 93 April 8-9, 2008 MR. MUDD: Commissioner, the next item on your agenda is item lOD. It used to be 16B12, and it's a recommendation to approve a resolution designating a parcel of land within Collier County Government Center campus for use as an intermodal transit passenger transfer facility. And Commissioner Fiala asked that this item be moved on the regular agenda. MS. FLAGG: Good morning, Commissioners. Diane Flagg, Director of Alternative Transportation. As the manager stated, this was just designating an area, the area specifically next -- between U.S. 41 East and the new parking garage. And it's that vacant land that we've been working with facilities management to utilize as a passenger transfer. COMMISSIONER FIALA: The reason I pulled it, Diane -- oh, may I speak? CHAIRMAN HENNING: Yes, please, please. COMMISSIONER FIALA: The reason I pulled it was there wasn't very much information on here. I was just wondering, is it a major transfer station for the entire system or is it just one of the transfer stations? Is it going to be a tent or is it going to be a building? When are you planning on building it, and will it be for all the routes? You know, I just wanted more information on it. MS. FLAGG: Okay. We'll take them one at a time. COMMISSIONER FIALA: Okay. MS. FLAGG: If I remember them. First of all, the current -- it's going to be the permanent passenger transfer for the temporary location that's currently happening in a parking lot here in the government center. That location transfers seven of the nine routes of the system. System-wide we have multiple transfer locations. Let me put them on the overhead for you. Page 94 April 8-9, 2008 COMMISSIONER FIALA: But this will handle seven of the nine routes? MS. FLAGG: Yes, ma'am. As the routes expand, then what we'll do is continue to add additional transfer centers. But as you can see, the boxes on the chart represent additional transfer locations. So you'll see there's a transfer location at the Coastland Center, there's a transfer location at Vanderbilt and Airport, there's a transfer center located at Collier Boulevards and U.S. 41 East, and then further down on the map, there's also a transfer at -- in Immokalee, which is down on the -- so as the system expands, we'll be adding additional transfer locations. We'll also be reviewing the addition of a transfer at the CAT ops center, which is currently located at Davis and Radio. That will begin the conditional use process, because using that facility as a transfer location will require approval of a conditional use permit. COMMISSIONER FIALA: Will this be a building or a tent? MS. FLAGG: Thanks for reminding -- that will -- we will replace the current tents that we are using with an actual building. So it will be a structure with bathrooms. Right now they're having to utilize port-o-potties. So we'll be building a building. They'll be able to purchase tickets and also have regular bathrooms to utilize. The other advantage is, the parking garage, we've worked with facilities management. We'll be able to utilize some of those spaces for an additional alternative mode park and ride, so folks will be able to park in the parking garage and then utilize the transit system for transportation. COMMISSIONER FIALA: Okay. And when do you plan to begin this construction? MS. FLAGG: What we have to do first is the environmental review. So the earliest that construction would begin would probably be early 2010, because we're planning on utilizing federal administration funding. As a result of that, the FT A requires significant environmental reviews and approvals, and then we would Page 95 April 8-9, 2008 -- once we get that, we would go through the design process, and then put out to bid for construction. COMMISSIONER FIALA: And last thing, how are we paying for it? MS. FLAGG: It's -- we're going to seek to use the FT A funding that we've received from a grant. It's a formula grant, and that's what we've identified beginning in the '09 FT A funding. We've identified that for the facility construction. COMMISSIONER FIALA: Okay, fine. CHAIRMAN HENNING: Any other questions? Commissioner Halas, Commissioner Coyle. COMMISSIONER HALAS: Yes. What is the projected cost of this? MS. FLAGG: We won't know definitively what the cost is until we get a design onboard. We're anticipating it will probably be a million, million and a half. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: You're planning on putting the structure in the same location where we have the temporary facilities now; is that what we're talking about? MS. FLAGG: No, sir. It's the empty lot, the vacant lot between the new parking and U.S. 41 East. COMMISSIONER COYLE: Excellent. Okay. That makes a lot more sense. MS. FLAGG: Yes, sir. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER COYLE: But when you said you were going to replace the tents with a building, I thought you were talking about building a building there beside the library (sic). Have you done a park -- a traffic analysis, Norm, about what Page 96 April 8-9, 2008 impact it's going to have here? I see a potential continuing problem with traffic access off of 41 into the government center, and I'm wondering what we're doing about that. MR. FEDER: Commissioner, I fully concur. We had a DRI that had a number of issues that haven't yet been addressed and will be very problematic. In reality, bringing transit onboard and trying to address it through a transit mode is much better than trying to address it in a single-occupant vehicle. And so while there are some impacts, we're hoping that those impacts will actually be reduced by the use of transit on campus, and we have a lot of destinations here on campus that attract people that, in fact, hopefully we can entice them and get them on the transfer system. And we've already experienced that with the transfer facility that is temporary out by the museum, as you pointed out today. In answer to your question, yes, there are transportation impacts. I've got an exception area along 41, but we should be assisting ourselves rather than hurting ourselves by bringing this transit, and we're already seeing some of that to a degree with the temporary. COMMISSIONER COYLE: I hope you're right. I feel that it might be just the opposite. But you're going to have a study for us at some point in time so we can evaluate that, right? MR. FEDER: Yes. We've worked through Skip who has to do that as part of his master planning and is utilizing, as a lot of areas have -- and even friends at DCA have acknowledged that use of transit -- yes -- use of transit is a way to reduce congestion from the single-occupancy vehicle. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HENNING: Okay. Entertain a motion. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta to approve this item. Page 97 April 8-9, 2008 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, unanimous. Now, the -- Sue Filson told me that Mr. Chami has an appointment at two o'clock, would like to know if the board would like to hear that now or when we come back from lunch. COMMISSIONER COYLE: I'd like to do it now. There's no point in him having to sit here for another couple hours. CHAIRMAN HENNING: Okay. Let's do that. Item # lOG ENSURE THE PENDING ISSUANCE OF A PERMIT TO ERECT A NEW GROUND SIGN MEETS WITH THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS' ACTIONS ON JUNE 25, 2002 WHEN THEY DIRECTED THE COUNTY MANAGER TO RE-INST A TE A SIGN PERMIT FOR AN EXISTING GROUND SIGN CURRENTLY LOCATED AT 7770 PRESERVE LANE WHICH HAD BEEN PREVIOUSLY REVOKED BY STAFF - MOTION TO NOT APPROVE DUE TO A VARIANCE ALREADY EXISTING FOR A SIGN TO BE ANYWHERE ON PROPERTY AS LONG AS IT IS IN COMPLIANCE WITH CODE - APPROVED MR. MUDD: That's lOG, used to be 16A14, and that is to ensure the pending issuance of a permit to erect a new ground sign meets Page 98 April 8-9, 2008 with the intent of the Board of County Commissioners' actions on June 25,2002, when they directed the County Manager to reinstate a sign permit for an existing ground sign currently located at 7770 Preserve Lane, which had been previously revoked by staff. Ms. Susan Istenes, your Director of Building Review, current-- MS.ISTENES: Zoning. MR. MUDD: -- current zoning, excuse me, will present. MS.ISTENES: Good afternoon, Susan Istenes. I'm the Zoning Director. On June 25,20002, the board elected to reinstate a sign permit for the subject property that had been revoked by staff. And my understanding at the time, in 2002, and after having reread the minutes here recently, that it was -- the board's rationale for reinstating the permit was largely because the applicant had relied on zoning information from staff and consequently had invested money in a sign for his property, and then the permit was later revoked. And so in reading the minutes, again, it was my understanding that the board opted to reinstate the applicant's permit largely because he had invested money and relied on zoning information. I initiated the executive summary to ensure that my understanding was consistent with your actions at the time. And my position at that time in 2002, and I believe I was the interim current planning manager at that time, and my position, which remains today as the zoning director, is that the use of the business or the building is classified in our Land Development Code as a convenience store with gas station, with gas pumps, and, therefore, the sign as it exists today is considered a legal nonconforming sign. Absent approval of a variance for the sign or an opinion contrary to my opinion as the zoning director for the use classification, again, would make that sign a legal nonconforming sign, and that is my opinion and my position on the sign and the use of the business today. Therefore, if the applicant wished to remove a nonconforming Page 99 April 8-9, 2008 sign and replace it, consistent with your current code, it must comply with today's standards, which would mean the sign would have to be eight-foot high and no larger than 60 square feet in area versus the 15-foot high and 80 square feet in area. The applicant does have the option of leaving the sign at its current -- at its current size in its current location, and it can remain at its current size in its current location, and he has been allowed to change the copy of the sign, so that's not an issue, or he may comply with the current regulations. So in other words, he can keep his current sign. If he wants to move his sign and keep it at its current size, he needs to obtain a variance. If he wants to move his sign without obtaining a variance, he needs to comply with the current regulation, which would be to lower it to eight feet and reduce the size to 60 square feet in copy. If the applicant disagrees with the use classification, his option would be to file for an official interpretation, at which time, depending on how the interpretation came back and how he felt about it, he could appeal it to the Board of Zoning Adjustment and Appeals. Your actions in 2002 did not grant him a variance. There was no official interpretation filed, although there was quite a bit of discussion about the use classification. At the end of your conversation essentially again, it was my position you opted to reinstate his permit due to an investment of money on his -- made by the applicant. I am fully prepared to reject the sign permit application based on my opinion, which I just gave you today. I'm authorized to lawfully do that; however, I did want to, really as a courtesy to the board, bring this issue forward to you to ensure -- I'm very uncomfortable at times reading minutes and inferring reasons for your decisions, although I'm confident in my summary today. But still, as a courtesy, I did want to just bring this forward to ensure that my planned actions are consistent with your decision back Page 100 April 8-9, 2008 in 2002, and that's why it's in front of you today. CHAIRMAN HENNING: Questions from the board? I -- you know, I respect your professional opinion, but I have concerns when somebody comes to government to ask for permission through a permit, they're evaluated as something that is, you know, different than what we have today. Even if he goes through a variance, isn't it true if the board approves the variance that he's -- if it gets destroyed, somebody runs over the sign or it gets blown away in the wind, that he still has to conform to your interpretation that he is a gas station with a convenience store? MS.ISTENES: Not necessarily, Commissioner. That is usually a standard stipulation that's attached to the resolution of adoption for a variance, but that's completely up to the board as to whether or not to adopt that stipulation. You -- essentially the variance runs with the land, and if you want it to run with the land forever and ever, you just don't adopt that stipulation, and that's perfectly acceptable. CHAIRMAN HENNING: You don't adopt that stipulation within the resolution? MS. ISTENES: You can or you can opt not to. CHAIRMAN HENNING: Okay. In the resolution, there's usually a phrase in there that states -- says this is still nonconforming. If it gets destroyed up to 50 percent, you have to come into compliance. MS. ISTENES: That is an option or a condition, and you have the option as to whether or not to approve that as a condition. CHAIRMAN HENNING: Okay. But it-- MS. ISTENES: But it's -- it is not standard. It is -- let me put it this way. Nine times out of 10 you adopt resolutions that have that standard -- that stipulation in it. It is not -- doesn't mean you have to, and there are conditions -- there are circumstances where you may not Page 101 April 8-9, 2008 want to. CHAIRMAN HENNING: Yeah. And I had a conversation with the county -- Jeff Klatzkow on this, and I don't know why we're doing these variances if it is, you know, really a -- we're approving a variance of nonconforming uses to where, if a screen structure is blown down, they still have to come in -- within compliance of setbacks or whatever. I guess that's a real side issue. I'm more in favor of granting Mr. Chami the same right that the board gave three years ago. But I'm going to go to my colleagues. Commissioner Coyle, then Commissioner Halas, Commissioner Fiala. COMMISSIONER COYLE: Tell me why you're changing or removing the sign. MR. CHAMI: First of all, I would like to ask you for clemency today for coming -- this issue is extremely sensitive for me. This issue caused me over $800,000 loss. The whole situation six years ago -- I thought this was being buried with me six years ago. This issue was the most unfair issue I live with in my own life. My lawyer at the time, Ken Cuyler, who was friend to the county, who was a County Attorney here, wrote to every commissioner telling you, in 20 years in his practice, he never seen such unfair and unjust issue. Mrs. Susan (sic) here, she's mentioning about nonconforming sign, and she's putting words in your mouth about why you approved the sign. It's absolutely not true. You go through the document. You never approved this sign because -- or reinstated permit because it was already for money issue. If it was for money issue, you would be also granting me the impact fees, not to pay the extra amount for the impact fees. The issue was not about money. The sign itself was costing around $20,000. I had to pay over $75,000 additionally in impact fees Page 102 April 8-9,2008 totally unjustly. The whole issue here -- and this is why I'm little bit -- very sensitive about the issue. I'm totally unprepared today. Three weeks ago I talked to Mr. Schmitt. Three weeks ago he assured me that it will be on the consent agenda to be approved. Friday, at one o'clock in the afternoon, Mr. Schmitt called me to tell me, sorry, it will be -- we will be requesting a variance. He never even allowed me time to prepare myself to get -- to dig my documents from my archives to be able to present it to you. Mrs. Susan here, she's mentioning about nonconforming sign. Based on what? What we had at the time six years ago, we had -- or seven years ago, we had a meeting with all the staff, and they are extremely competent, extremely competent staff. You heard six years ago, you heard from staff, from Mr. Schmitt himself -- because Mrs. Susan never would understand at that time -- Mr. Schmitt told you -- and this I can say is totally untrue -- that past employees, past staff, approved my project. It was absolutely not true. COMMISSIONER COYLE: Well, in could interrupt you now. I don't want to retrace all the history on this. I only asked you one question -- MR. CHAMI: I tell -- COMMISSIONER COYLE: -- and that is, why are you changing the sign? MR. CHAMI: Basically the sign location, when we put the sign at the particular location and particular shape itself, it was nothing around us. It was just strictly Immokalee Road. I had no buildings surrounding us at all. We were by ourselves. Just the storage behind us -- I'm sorry. Just the storage behind us exist. So basically it was not so bad. People will be passing, they'll see the sign. It wasn't really visible. You have to understand, if you look at the site, you have 150 feet inside the canal. So basically it's very, very hard to be seen. Mr. Schmitt, three weeks ago, told me, George, I was passing last Page 103 April 8-9, 2008 week. You can't even see the sign. I said, thank you very much. That's what I was saying six years ago. Nevertheless, now we have buildings. We have Bougainvillea shopping center or strip center was being built, lots of landscaping for this particular shopping center. Now the staff approved an out parcel -- they call it out parcel -- for a small -- for a small, less than one acre. They approved them 15 feet high sign, which is basically blocking also my sign. So the only way I'm able to -- I have so many customers come in and say, we're passing here for four years. We never even knew that you exist. The sign is surrounded by landscaping. Now it's blocked by other landscaping, and now I have another sign 14-foot high, which I can show you here, blocking also the view when coming from the west to the east, and this is what's been approved for less than one acre, less than one acre, that was approved by staff. Staff came to you and told you on this executive summary, which I only had to read yesterday, that basically it was being denied for two reasons. One, because I'm out parcel. And my attorney at that time went to great length to demonstrate and show you without any doubt that we are not an out parcel. Out parcel is a parcel that is being carved out from shopping center. There's no shopping center there. There's absolutely nothing. I was -- the second biggest tract was this particular development after -- after the storage. The second reason -- and please allow me, Commissioner Coyle. The gas station, 11,000 square foot, 11,200-square-feet (sic) facility. Inside this particular issue -- I'm repeating what Mr. Cuyler at the time said here on this particular stand. Show me one gas station who has a bakery, show me one gas station who has a dry cleaner, dry cleaner, show me one gas station who has a post office. At the time it was none. Show me one post office ( sic) who had office of over 1,700 square feet for wholesale who will distribute for over -- up to Atlanta, Page 104 April 8-9,2008 Tennessee, all the east coast bread. We have -- CHAIRMAN HENNING: Does that answer your question, Commissioner Coyle? COMMISSIONER COYLE: Yeah, I guess. CHAIRMAN HENNING: Do you have any further questions? COMMISSIONER COYLE: Seems to me that -- why can't he apply for an exemption in this particular case? Can he do that? MS. ISTENES: An exemption from what, Commissioner? I'm not sure what you're referring to. COMMISSIONER COYLE: To permit him to move this sign. CHAIRMAN HENNING: Administrative process? COMMISSIONER COYLE: Probably not administrative. MS. ISTENES: I don't have anything in the code that is what I think I understand you're speaking of. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: But he has the ability for a variance; is that correct? MS. ISTENES: He could apply for a variance. And he has some -- he has some very good arguments for a variance. He is set back across that canal. That is -- I would consider that a land-related hardship, which is very hard to find in many variance situations. COMMISSIONER HALAS: I think that would be the right way, because I think that other people have to follow the codes that we've set forth, and he could also address -- how far is he moving this sign? MS. FILSON: I'm not sure of the exact distance. Perhaps he could tell you. MR. CHAMI: From the back of the building to the front. COMMISSIONER HALAS: Just tell me how many feet. MR. CHAMI: I have no idea. Probably -- probably 200 feet, 150. COMMISSIONER HALAS: Two hundred feet, okay. I think he Page 105 April 8-9, 2008 needs to have a variance on it. MR. CHAMI: In might. One second, Commissioner Halas. This morning Mr. Schmitt told me that he already talked to three commissioners and he set their mind about being a variance (sic). I would not be left enough time to present my case here. Mr. Schmitt already prepared three commissioners here for a variance. A variance is lengthy and costly. I don't have the time. I don't have the money. We are going through a very hard time in Collier County, extremely hard time. My business went down 39 percent 2006 to 2007. In then in 2008, showed around 20 percent drop in business. This is why I need to put the sign. I have no desire to spend money to move a sign if it's not going to make me money. Now, everybody knows how many businesses are closing in Collier County. I'm not asking you a favor to go around the variance. The variance six years ago was being denied -- was being refused by us because we are not a gas station. They have to demonstrate to you why we are a gas station. They haven't. They failed to do so, or they told you at the time we have an animal we have to fit in a cage. I'm not an animal here, and it's not like a cage. CHAIRMAN HENNING: Mr. Chami? MR. CHAMI: If you can allow me, Mr. Chairman? CHAIRMAN HENNING: Here's the process, is speakers on items get three minutes. MR. CHAMI: My apologies. CHAIRMAN HENNING: And this is a very tough issue because you really have to go through historical information. I think, in my opinion, that you have proven it, but right now we're just trying to get answers, and hopefully at the end of the day, or before lunch is over with, we'll have a motion by commissioners. But I want to go to Commissioner Fiala. COMMISSIONER FIALA: Well, I was going to say the same Page 106 April 8-9, 2008 thing as Commissioner Halas, so -- CHAIRMAN HENNING: Yeah. Well, my concern is, is equal speech here. You have signs that have been approved (sic) because of the interpretation that he's a gas station when actually he is a multi use. The board has approved that before. His speech is not as much as the other ones, and I personally can't approve staffs recommendation. The gentleman has gone through many iterations here before the Board of Commissioners, and I don't believe that he should go through the expense or the time to have to go through a variance when he had a meeting -- paid for a meeting with staff to go over his project. The staff has told him, hey, this is what you are, this is the landscape you have to put in, the other things are going to come up during this variance process. He doesn't have enough landscaping. He doesn't have enough parking. He doesn't have enough this, he doesn't have enough that. And it's because of the way the project in the SDP was approved. COMMISSIONER FIALA: Well, yes, or it could be that he names it one thing, but, you know, does everybody else have that same opportunity to name their convenience store a shopping center? CHAIRMAN HENNING: Well, it is -- Commissioner, it is not a convenience store. I don't know if you've ever been there. There's only one like this that I've ever seen, and that is in Port Charlotte. MR. CHAMI: Can I put some picture -- can I put some pictures on the screen? CHAIRMAN HENNING: All my travels of this -- and it's a unique situation. It doesn't -- it doesn't fit in that square peg. MS. FILSON: Actually, Commissioner, the landscaping does meet the code for gas station. For some reason it was approved and reviewed that way. I'm not sure why. The parking -- you know, you're right. My understanding is the parking is reduced. Why? I don't understand why a large convenience store would have less parking than a standard Page 107 April 8-9, 2008 convenience store, but that was -- whatever reason, the past employee made that decision, they made that decision. Parking is relatively easy to take care of, if he -- being in existence now for six-plus years, ifhe can show us administratively that he doesn't need all the parking that the code requires, that can be approved administratively, and he would have the records to do that quite easily, so -- CHAIRMAN HENNING: And that's more cost to do, so. More and more money. MR. CHAMI: We have two roads, the building is around. We are not meeting code for gas station. I'm sorry tell Mrs. Susan. This is the road. On Immokalee Road, yes, I'm meeting the code. CHAIRMAN HENNING: Commissioner Coletta? MR. CHAMI: On Preserve Lane, I am not meeting the code. COMMISSIONER COLETTA: The process we're going through here is completely contrary to how we allow anyone else to come before this commission. Mr. Chami should not be allowed to sit at that podium there and challenge everything that's being said, either here or by staff -- CHAIRMAN HENNING: Right. COMMISSIONER COLETTA: -- unless you call him back to be able to do so. CHAIRMAN HENNING: You're right, and I thought I made that clear that Mr. Chami has three minutes. So I guess at this time I have to ask you to step away from the podium. I apologize. MR. CHAMI: Thank you, Commissioner. CHAIRMAN HENNING: Commissioner Coletta, did you have anything else? COMMISSIONER COLETTA: Well, I'd like to have Mr. Schmitt come up. Mr. Schmitt, I think you run a fairly good department. You Page 108 April 8-9,2008 know, when we hear something like this that's so contrary to what we've heard in the past and the negativity that's there, I'd like to hear your side of this whole situation so that we can make a final decision. Has Mr. Chami been treated unfairly, different than other people? MR. SCHMITT: For the record, Joe Schmitt, Administrator of Community Development, Environmental Services Division. To answer your question, sir, I think he's been given a lot of special consideration, and this project has a long history. In can take some time, in about maybe a minute, to kind of go over what happened. It was approved probably in early 2000, 2001 time frame. That employee who worked with Mr. Chami and his agent has -- is long departed, departed even before I got to the county. And yes, it was approved as a mixed-use development. It's a unique -- Commissioner Henning is, in fact, correct. It is a unique establishment because it is a compiling of stores, but the stores are accessible from inside rather than outside. It was a long dispute. Mr. Chami, I believe, has been before this board four times, mostly related to the issue dealing with impact fees. There was an agreement to settle that and to resolve that, and I think the problem we're having here is the impact fee issue was resolved as classifYing this as a mixed use in order to calculate the impact fees. And that was very beneficial to Mr. Chami. But the use under zoning was deemed to be a convenience store with gas pumps. He also has a carwash. And that's where we got into the issue between the impact fees as a mixed use and the zoning. That was how the sign was approved, as a mixed use, 15-foot, 80-foot copy. He came to the board back in -- as Susan pointed out -- back in June of 2002. The board agreed; we reinstated the permit. Unfortunately we're in a position now where, because of the zoning and the zoning criteria, as best that we determine this to be, is a Page 109 April 8-9, 2008 convenience store, though a little bit larger, a convenience store with gas pumps and a carwash. And as a result, he's limited in the size of the sign that is permitted. Mr. Chami has agreed to -- or he is electing under his own free will to move that sign. Yes, Mr. Chami and I talked about this. Susan and I discussed this as well. We know the pain and agony that this gentleman's been through. We fully understand when he came to the board, what he presented to the board. And at -- initially I said I thought the record was fairly clear the intent of this board was to allow him to have that sign, and we were prepared to issue the permit to have him move that sign at a 15-foot height and 80 square feet, because we thought that was the intent. We went back and looked at -- I read the minutes again. In consultation between Susan, Jeff, and I, we pretty much determined the board reinstated the permit but really never issued the variance, and that's where we're at today. If you -- if you certainly want to take it under your authority and just summarily want to reissue this permit for him to move the sign, I mean, that's something we'll live with. But I don't know what else we can do. We're in a position where I don't have the authority to approve it under the current zoning classification. If this board sees this to be a mixed-use development, fine, we'll proceed from there. COMMISSIONER COLETTA: Is this one unique situation, or could many people come in and claim this same kind of hardship and want to go forward the same way that we've seen here today? MR. SCHMITT: Well, I'll answer yes to both. It is a unique situation because of the store. As Commissioner Henning pointed out, it is a unique operation, but at the same time, we've had other gas stations who change copy and basically continue to insist that they can have a 15- foot sign. One station I can site is on Collier Boulevard at Davis. They still Page 110 April 8-9, 2008 have a temporary canvas over the sign because they want to reinstate the 15-foot sign, and we're insisting that they comply with the code at eight feet or 60-square- feet copy. So I answered your question in the affirmative in both. Yes, someone can come back and claim the same privilege, but we'll certainly -- again, we deal with that when they come to us and we face these circumstances and when we tell them what the code is, and they certainly have a right to petition to the board. COMMISSIONER COLETTA: Have we been granting these privileges as a matter of course, this commission? I can't recall any, that's why I was asking you. MR. SCHMITT: I don't think, only in this case was when he came in 2002, you reinstated the permit to allow them to have the larger sign. And as Susan stated, my recollection was primarily because of the previous staff approval and the monies that Susan mentioned, $20,000 seems about right what he had already invested through the sign company to purchase this sign, and you all chose to reinstate the permit. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Are we really talking about moving this sign and relocating it, or are we talking about tearing down this sign and building another sign? MR. SCHMITT: Tearing this sign down and actually constructing a new sign elsewhere on the property. COMMISSIONER COYLE: Okay. So it's not like we're just picking up one sign and moving it over. This is a structure, and you want to build it closer to the road so he has reasonable advertising and people know he's there. MR. SCHMITT: That's correct. The issue is the current sign is probably not in the most desirable place. COMMISSIONER COYLE: Okay. My question is this: He got Page III April 8-9, 2008 a 15-foot sign. MR. SCHMITT: Correct. COMMISSIONER COYLE: And he put it some distance off the road. MR. SCHMITT: Yes, sir. COMMISSIONER COYLE: Now it can't be seen. MR. SCHMITT: Yes, sir. COMMISSIONER COYLE: He wants to move a sign closer to the road. Ifhe moves it closer to the road, why does it have to be 15 feet high? Is there a reason, to your knowledge? Do other -- do other facilities have signs that meet our code closer to the road that provide adequate advertising for them? MR. SCHMITT: To the best of my understanding, yes. That's our code, for this type of facility, would be an eight-foot high, 60-square- foot copy sign. COMMISSIONER COYLE: And he can put the names of all of the facilities that are on his property on that sign? MR. SCHMITT: That is the issue today and that was the issue six years ago. I believe the sign, because of the 60-foot copy, he feels he cannot adequately advertise everything that's inside the store. And I believe they are separate businesses. I'd have to turn to Mr. Chami. I believe they're separate -- under separate contracted -- you know, like a Subway or a cleaners and other -- it's sort of an interior type of shopping center. It's not really accessible as an exterior mixed use or shopping center. Again, it's a unique concept. It is a unique concept, and it's -- it was one we wrestled with six years ago and we wrestled with when we did the impact fees. CHAIRMAN HENNING: Why don't we -- let me throw this out -- take this same sign and just relocate it? Because it's really the sign that we're talking about. And I think what I'm getting here is a variance because he wants a new sign in a different location. But if he takes the same sign in a different location to get away from what has Page 112 April 8-9,2008 been going on around him, do you really need anything except for inspection of electrical and anchoring? Commissioner Coyle? COMMISSIONER COYLE: The only problem I see with that is that we have other people complying to the eight-foot- and 60-square-foot limitations. MR. SCHMITT: Yes. COMMISSIONER COYLE: If you take a 15-foot-tall sign and move it out to the same distance from the street as those other signs, then that sign is actually going to be blocking somebody else's sign likely. If other people have signs closer to the road that adequately advertise their businesses, why can't his sign do the same thing? And he can -- he can build that eight-foot sign 60 square feet closer to the road so he can be seen, just like all of the other businesses along the road are doing. CHAIRMAN HENNING: But the -- there is a difference, is the neighbor is at 15 foot, and what you're saying is he needs to be at eight foot because he's deemed a convenience store. How is that fair? COMMISSIONER COYLE: Is that -- is that really what's happening, that there are other 15-foot signs that are closer to the road? CHAIRMAN HENNING: There are other signs. I don't know if it's closer or not, but there are other signs that are 15 foot that came in after we heard this issue. Are they closer to the road, Mr. Schmitt? MR. SCHMITT: There is -- because of the canal that runs along Immokalee Road on the north side of Immokalee -- and Susan and I were just discussing. I believe there was another gas station that came in probably within the last year or two and a variance was approved. It certainly is a land-related hardship. I explained that to Mr. Chami. I don't believe there would be any problem in getting a variance. The issue here is time and money. And I mean, that's the whole issue. Page 113 April 8-9,2008 But the -- I'm not sure where on this property, because I don't know where on this property now he wants to put this new sign. My understanding is it's closer to the access road, not actually closer to Immokalee -- MR. CHAMI: Exactly. MR. SCHMITT: -- to Immokalee Road. So it pretty much would be moving from the western side of the property to the eastern side of the property, if you're familiar with the site. And I think we could put a site map up. CHAIRMAN HENNING: Instead of continuing to discuss this, is anybody in favor of Mr. Chami getting together with Mr. Schmitt and Susan and see about moving the existing sign to be equal in height in copy as the others? Just continue this item? COMMISSIONER COYLE: Let me ask one question before I answer that, if you wouldn't mind. MR. SCHMITT: I think on your -- on page 29 and page 30 of your executive summary, it shows the existing sign, and I believe that is the proposed sign. Frankly, they're two different -- two different shapes. CHAIRMAN HENNING: Right. What I'm saying is the existing sign, moving it closer with the same height and same copy as the other ones just to make it equal and see if -- you know, get together -- MR. SCHMITT: I'd have to leave that up to Mr. Chami and his sign company and his engineer to see if they could -- they could salvage the existing sign and move it. CHAIRMAN HENNING: Yeah. But -- because really what we have here is a replacement of a sign instead of the -- because that would be -- that would be the same thing as the board direction before. MR. SCHMITT: Essentially, yes. CHAIRMAN HENNING: Yeah. Commissioner Coyle, you had another -- Page 114 April 8-9, 2008 COMMISSIONER COYLE: Yeah, I wanted to pursue one other alternative. Is it possible for us at this point to say that it was our intent when we approved this sign last time that we were approving a variance? MR. SCHMITT: I can't put those ideas in your head. That's why Susan and I -- COMMISSIONER COYLE: No, I've already got the idea. I'm just asking if it's something that can legally be done, Jeff or David? MR. SCHMITT: I turn to the County Attorney for legality, but that's why we brought this to the board. We did not want to basically imply because it was never stated on the record. Go ahead, Jeff. MR. KLATZKOW: The record was unclear what your intent was. If you'd like to clarifY the record that would be fine. COMMISSIONER COYLE: And if we clarified the record, it would provide the variance for him to move the sign; is that -- is that essentially what -- MR. KLATZKOW: If that's what your intent was then. The record was very unclear. COMMISSIONER COYLE: I guess -- you know, I do remember -- I remember this process very clearly, and I cannot imagine that we would have approved this sign expecting that if it were damaged, that he'd have to come up with another sign, because there was a great deal of discussion about getting all the names on the sign and being able to see the facility. It certainly was my impression that this was a permanent approval of this sign. I don't know if that's a variance approval or not. MR. SCHMITT: Commissioner Coyle, I -- like you, I thought the same thing, and that's why when I spoke to Mr. Chami, I thought it was the intent of the board to approve the sign. When we went back and looked at it -- and believe me, we did some soul searching on this -- and the record was, reinstate the permit. If you believe at that time you approved it, we'll follow your direction. Page 115 April 8-9, 2008 CHAIRMAN HENNING: And Commissioner-- MR. SCHMITT: I know this was very painful, and it was. It was very painful because of the monies that were involved and the impact fees and other things associated with it. And that's -- there's a long history on this project. COMMISSIONER COYLE: Well, I'd certainly-- CHAIRMAN HENNING: Commissioner Coyle, I wanted to just point out that you made the motion, so if you're clarifYing your motion two years ago -- COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: -- I agree with being the seconder. COMMISSIONER COYLE: Okay. Then I would clarifY the motion at that point in time as a motion which was intended to approve this sign as a permanent legal sign, not a nonconforming sign. So if that's issuing a variance, that's what it was intended to be. CHAIRMAN HENNING: Okay. So we really don't have to take any action. Actually what we ought to do is not approving -- approve this item based upon the clarification -- COMMISSIONER COYLE: Yeah. We should disapprove this item. MR. KLATZKOW: Disapprove the item. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: And I'll make that motion. MR. SCHMITT: And if I could clarifY the record that the approval was for the 15-foot height, 80-foot copy sign regardless of where it is on the property? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: So I have a motion by Commissioner Henning. Is there a second to the motion? COMMISSIONER COYLE: To disapprove the item on the agenda? CHAIRMAN HENNING: Correct. Page 116 April 8-9, 2008 COMMISSIONER COYLE: I'll second the motion. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signifY by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries, 4-1. Commissioner Halas dissenting. MR. WEIGEL: Mr. Chairman? CHAIRMAN HENNING: Yes. MR. WEIGEL: And I would suggest then that with the discussion of this clarification that the board, for the record now, and any record needed in the future, the board go on record with a motion and vote indicating that this clarification -- that you approve the clarification as just stated by Mr. Coyle, and referenced by Mr. Schmitt as being a variance good for anyplace on the property. CHAIRMAN HENNING: That is my motion for the clarification of the motion and the comments of Mr. Schmitt and also the -- yada, yada, yada. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Could I just clarifY that? It is valid for the sign anyplace on the property consistent with our codes? SCHMITT: Correct. COMMISSIONER COYLE: Okay. MR. WEIGEL: Very good. CHAIRMAN HENNING: There's a motion and second. Page 117 April 8-9,2008 Discussion, Commissioner Halas, Commissioner Coyle? COMMISSIONER HALAS: Yes. MS. FILSON: Who did the second? CHAIRMAN HENNING: Commissioner Coyle seconded it. COMMISSIONER HALAS: I got some concerns in regards to where we're going with the Land Development Code in regards to signs. I thought that what we were trying to do is address the sign issue throughout the whole county and make sure that everybody was in compliance. And I know that there's been a number of other establishments that have had difficulties, but they basically fell in line. And I think it has -- it has a great effect in regards to what this community or what this county looks like. So that was my concern. I think at the time that this was -- I wasn't on the board at the time, I don't believe. But I believe that the -- what was probably given is the fact that this individual had spent a lot of time and energy in this sign and that there was a feeling that he needed -- he could put that sign up, but in the case of if he was going to move it or whatever, that he was going to have to conform to the present code. So that's why I felt that I was going to vote negative in this. CHAIRMAN HENNING: Thank you. Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signifY by saymg aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-1. Commissioner Halas dissenting. Page 118 April 8-9, 2008 Shall we take a lunch or shall we continue? COMMISSIONER COYLE: Let's take a lunch. MR. CHAMI: Thank you a lot. My apologies. I want to thank you a lot for everything, and God bless you. Thank you very much. CHAIRMAN HENNING: We're going to take a lunch break, and we want to -- for everybody to be back here at what, 12 -- COMMISSIONER COLETTA: One o'clock. Just kidding. CHAIRMAN HENNING: One o'clock? 1 :35? Be back at 1 :35. Thank you. (A luncheon recess was had.) Item #8A ORDINANCE 2008-17: AMENDING ORDINANCE 91-65, AS AMENDED, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, CODIFIED IN CHAPTER 2, ARTICLE VII, DIVISION 9, OF THE CODE OF LAWS AND ORDINANCES, BY AMENDING THE REQUIRED COMPOSITION AND MEMBERSHIP CRITERIA OF THE AFFORDABLE HOUSING COMMISSION TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE HB 1375; AMENDING SECTION EIGHT, DUTIES OF DEPARTMENT HEADS TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES- ADOPTED W/STAFF'S RECOMMENDATIONS MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Commissioners, this brings us to advertised public hearings. 8A, it's a recommendation that the Board of County Commissioners approves and authorizes the chairman to sign an ordinance amending Page 119 April 8-9, 2008 Ordinance 91-65 as amended pertaining to the Affordable Housing Commission, codified in Chapter 2, Article VII, Division 9, of the Code of Laws and Ordinances by amending the required composition and membership criteria of the Affordable Housing Commission, to be consistent with recent legislation enacted by the Florida legislature, House Bill 1375; amending Section 8, duties of department heads to correctly reference the director of housing and human services. Ms. Marcy Krumbine, your Director of Housing and Human Services, will present. MS. KRUMBINE: Thank you. For the record, Marcy Krumbine, Director of Housing and Human Services. Commissioners, just for a little bit of a background, the ordinance in 1991 established the Affordable Housing Commission. Then in 2004, we amended it to add an alternate member. In '05 we also went ahead and amended it to talk about the appointment and composition of the board, terms of office, functions, powers and duties of the . . commISSIOn. In April of'07, the state legislature passed a new bill, House Bill 1375, and added some requirements for the commission. They now require a minimum of 11 members and also require that our affordable housing members represent specific community interests and industries. Members have to be appointed by resolution by June 30th of 2008, and the fiscal impact to this is that if you don't do it, then we can potentially lose the funding that we get from the state through our State Housing Initiative Partnership, which is $2.9 million. So let me show what your required representatives are. And in green are -- or teal -- is what our current members represent. We need to have somebody who's representing the residential home building industry, and Steve Hruby is an architect building affordable -- designing affordable housing. We need banking or mortgage industry, and that seat is open; Page 120 April 8-9, 2008 engaged in labor of home building, and that's Ken Kelly, our chairman, with Kelly Roofing; an advocate for low-income persons is Fred Thomas from Immokalee; for-profit provider of affordable housing, Brian Goguen with Barron Collier Enterprises, building Ave Maria. A not-for-profit provider of affordable housing, that is a seat we don't have filled; a real estate professional in connection with affordable housing, and our alternate is Celly Master, and she is a Realtor. Weare supposed to have somebody from the Local Planning Agency, and one citizen who resides within the jurisdiction, and we have three members actually that fulfill that; John Barlow and Jim Pusateri are your appointees from the county, and Cormac Giblin is the city's appointee. One citizen who represents employers, and that's Jim Warnken, who is serving as a representative from the chamber of commerce; and one citizen who represents essential service personnel, again, a vacant seat. In addition to that, we're asking for you to change two things that, right now, the duties of department heads, to switch that to director of housing and human services because it's now under my function, and remove operational support and housing and also retain the City of Naples seats. So just to summarize, Commissioners, we have the current board membership, five of the current members of the Affordable Housing Commission meet new position requirements. They fill one of those 11 new titles that they have to fill. And three meet the same. One of those three can be selected to fill the new position, and if you choose to, you could have the alternate fill the position of the Realtor. MS. FILSON: Could you repeat the name for the jurisdiction of the local governing body? I didn't hear all those names. MS. KRUMBINE: That would be John Barlow, Jim Pusateri for Page 121 April 8-9, 2008 the county, and Cormac Giblin for the City of Naples. MS. FILSON: Thank you. MS. KRUMBINE: So what we're asking you to do is, along with expanding the board to 11 members, to advertise the following vacant seats, and that would be for somebody from a local planning agency, a not-for-profit developer, banking or mortgage banking industry member involved in affordable housing, a real estate professional in connection with affordable housing or choose the current alternate, and one citizen who represents essential services. So the action items are as follows: One, expand the membership category to 11 seats for those specific categories; advertise the open seats and appoint them by June 2008, and we would come back to you with those appointments; decide on the jurisdiction position; decide if you want to keep any membership over 11 seats; make that change in the ordinance to reflect the housing and human services department; and the last thing, which I'm asking just at this time based on discussion with the County Attorney, is that right now we have this specified to a seat east of951, and I believe that when we start to get very specific in the type of occupations we're asking people, that it's going to be even more difficult to say, fit a seat for a specific location. So I'm asking that you consider removing that. Are there questions? CHAIRMAN HENNING: Yes. Commissioner Fiala, Commissioner Coletta? COMMISSIONER FIALA: Yes. First of all, I agree with you about removing that particular phrase. That -- we want to make this as functioning a committee as possible and as easy to get members as possible. Second thing I have to ask is, we have two seats for the City of Naples. They only have a tiny percentage of affordable housing yet a great need for the workforce in the affordable housing category. Marco Island also has affordable housing, very small percentage and a Page 122 April 8-9, 2008 great need for it. How come Marco Island isn't represented as one of those city seats? MS. KRUMBINE: Well, that was probably before my time. I know that it's part of an interlocal agreement with the City of Naples, but also probably -- I can't answer that. COMMISSIONER FIALA: Yeah. I don't know why it has to be the City of Naples. I don't know why you can't have one of each. I think that might work. I think pretty soon they're going to probably have to do more about, you know, assuming the responsibility of having affordable housing in their communities anyway, so -- okay. Maybe we can discuss that. CHAIRMAN HENNING: Yes. Commissioner Coletta? COMMISSIONER COLETTA: Yes. That's an interesting thing you brought up, Commissioner Fiala. And I -- we brought it up in the past. It goes back quite some time ago with an interlocal agreement. The 11 seats that we have, I mean, I can remember in the past we had problems filling different positions -- just generally a seat. I mean, it's been recent times that we've had a number of people who've shown an interest in it. But in the not too distant past, it was difficult to find somebody who was willing to take the time to get on the board. I think it's a good idea that they got this. I mean, normally I don't endorse what the state's doing. In this case here, it seems like it's a good blend. And advertising for those members, I think it's great idea. Now, we have three people actually competing for the one position and each one of them is a capable person. What I'd like to see us do is, since we're going to be bringing it back with the -- how many seats is it that are open? MS. KRUMBINE: Six if you include the Realtor position. COMMISSIONER COLETTA: Well, I would think that the person that's on there now has already been a pick of the commission, and it would just be probably a perfect fit. They have some history for Page 123 April 8-9, 2008 them to assume that Realtor position. The other -- the one that we have the three in competition for, I guess it's at large. MS. KRUMBINE: That's correct. COMMISSIONER COLETTA: That we bring that back for consideration at the time that we see the applicants for the other seats. MS. KRUMBINE: Okay. COMMISSIONER COLETTA: So we can have a little bit of time to study the situation and be able to make an informed decision. COMMISSIONER FIALA: But-- CHAIRMAN HENNING: Go ahead. COMMISSIONER FIALA: Didn't you recommend that the people that are on there now, you would like to just keep on there until such time as somebody vacates one of those positions? MS. KRUMBINE: That was the recommendation of the Affordable Housing Commission. Another recommendation would be to let them stay on as alternate -- as the alternates. One of the concerns that the County Attorney had is if we do not fill the positions right away, then we might have trouble making a quorum, and then we can't do any business. So it might be helpful to even have them stay on or stay on as alternates so we could be assured that we would keep a quorum. But in any case, we do have to expand from nine seats to 11 seats. CHAIRMAN HENNING: Okay. Do we have any public speakers? MS. FILSON: I have one public speaker. And am I allowed to ask questions? CHAIRMAN HENNING: Sure. COMMISSIONER FIALA: Don't we charge for that? MS. FILSON: In the legislation it refers to this committee as the Affordable Housing Advisory Committee. My question is, are you going to change the name from Affordable Housing Commission to Page 124 April 8-9, 2008 Affordable Housing Advisory Committee? And also, in the executive summary it mentions taking out the membership east of 951; however, in the ordinance, the amended ordinance that's in your backup, that part is still in there. CHAIRMAN HENNING: Mr. Klatzkow? MR. KLATZKOW: The amended ordinance was crafted just to comply with the statute. If the board wants to make other minor changes, that would be fine as well. We wanted to make sure we had an ordinance that the board could pass so we can go forward with the process. CHAIRMAN HENNING: Can we make changes, being that it was advertised? MR. KLATZKOW: Yes. Because the changes that are requested are so minor in nature that the general thrust has -- it has been advertised. CHAIRMAN HENNING: Okay. MS. FILSON: Mr. Chairman, I have one speaker. Ken Kelly. MR. KELLY: Good afternoon, Commissioners. For the record, Ken Kelly, Chairman, Affordable Housing Commission. Thank you very much for considering this. It is time sensitive. We do need some decision to be made, obviously, so that we don't lose funding. But more importantly, I'm here today to speak to the members who are in question. I'm the senior ranking member on the Affordable Housing Commission, and I know that seems strange only being there for about two-and-a-half years. But Commissioner Coletta, you hit the nail right on the head. We've had trouble filling this particular commission, this committee, and I feel that right now we probably have the best mix of qualified individuals we've probably ever had, and I would hate to lose any of them. They are absolutely terrific, representing different sectors, all coming together to form, you know, this commission to do the duties Page 125 April 8-9, 2008 of the county. So please, if you will, take them into consideration. And then also, this interlocal agreement that you have with City of Naples, that -- all that does is continue to restrict the ability for us to find members who would be willing to serve and do so with a commitment in long term if we were to somehow open this up and not be so restrictive. I am the east of 951 member, and I would like to see that requirement be pushed aside so that we can open it up to anyone who would be interested. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: I think they were very good suggestions, to be honest with you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Prompted another question. Ken said something about the City of Naples interlocal agreement. So in other words, it isn't a state requirement that we have a city representative? MS. KRUMBINE: No. That was our choice here. COMMISSIONER FIALA: I see. So if it's difficult to get people from the City of Naples, do we even need that requirement in here? I was expanding it to Marco, but maybe we don't need that at all. COMMISSIONER COLETTA: No. COMMISSIONER FIALA: Maybe we need people who are willing to serve, and will show up at the meetings. You might want to consider that as well, as far as removing -- remove the seat east of 951. CHAIRMAN HENNING: Well, we do have an interlocal agreement, and -- MS. KRUMBINE: That would have to be changed. CHAIRMAN HENNING: -- we'd have to approach the City of Page 126 April 8-9, 2008 Naples on there, and I don't know really the history of the interlocal agreement. COMMISSIONER FIALA: All I know is that they don't provide much affordable housing and they give us a pittance of money, what, $100,000 a year and -- so that that buys them out of having any responsibility to provide affordable housing in the City of Naples, but yet they get two seats on the commission. I'm sorry I'm being so harsh, but that's just the way it is. CHAIRMAN HENNING: Commissioner Coletta? MS. KRUMBINE: You know, let me just clarifY. They really don't give any money. COMMISSIONER FIALA: Thanks for the clarification. COMMISSIONER COYLE: They've made it worse. MS. KRUMBINE: Well, you know, we administer their HUD money, but all we do is give it back to them for their projects. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'd like a bite of that one, I'll tell you. It's -- I, for one, am for going back to the City of Naples and telling them we have to -- we have to end these charades, that we've had some very capable people from the City of Naples serve on the Affordable Housing Commission, but making that a requirement that two people or one person be from the City of Naples, that makes absolutely no sense. We also have the City of Marco Island, we have the City of Everglades. Why wasn't some sort of deal struck with them in the past? I say to make it fair, just remove that and judge everybody on their own merits, I mean, where we have the ability to do it. CHAIRMAN HENNING: So if I could kind of sum it up, you want to give direction to our staff to take a look at the interlocal agreement and approach the City of Naples to see if it can be dissolved or tweaked or modified in some way; is that correct? Is that Page 127 April 8-9, 2008 -- Commissioner Fiala -- COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: -- you're shaking your head yes. Commissioner Coyle? Go ahead. COMMISSIONER COYLE: Just a comment. Two things. The City of Naples had affordable housing before the county even started thinking about affordable housing and still has affordable housing in the city limits. Secondly, the best way to get people to cooperate with us is to include them in the membership. It's not to exclude them. But I don't understand why we -- why we have a restriction on east of951. I mean, why would we keep someone east of951 from being on the committee? I don't understand that at all. It makes no sense. And I'm not clear, is this a state requirement -- MS. KRUMBINE: No. COMMISSIONER COYLE: -- or have we decided this? MS. KRUMBINE: That was something that you decided, and that's why I'm recommending that we remove it. Now, I just consulted with Buddy Ramsey, our housing manager, and he says that he thinks that we are administering their -- the City of Naples SHIP dollars, and that could be the connection because, again, that's a state program. And so if we're administering their dollars, then their connection could be to have a seat on the Affordable Housing Commission. COMMISSIONER COYLE: Yeah. MS. KRUMBINE: We do have two seats, and one has been vacant for quite a while. COMMISSIONER COYLE: Okay. Well, I think you handle that in much the same way we handle other seats where there are extended vacancies. If the City of Naples is allowed to have two seats and only one of them is filled and no one -- the other designee doesn't attend, we just declare a vacancy there and we find somebody to Page 128 April 8-9, 2008 replace them. It would be up to the municipality to provide someone who meets the attendance requirements of that position. If they don't meet the attendance requirements, we ought to get somebody from anywhere we can find them to fill the position. I strongly recommend or support the recommendation to remove this restriction on appointing someone east of 951, and I don't think it should just be limited to Immokalee. If we can find half a dozen people east of 951 who are willing to serve, we ought to be willing to appoint them. So -- but I don't -- I don't know that we want to have more than 11 seats. The bigger a committee gets, the greater the static inertia. Nothing begins to happen. And if you go -- I think 11 seats is too big. In fact, I think we only should have one county commissioner. But the bigger these things get, the more efficient -- inefficient they are. CHAIRMAN HENNING: Why do we need any county commissioners? COMMISSIONER COYLE: Yeah, that's right. But I guess we have to have 11 members; is that what the state is -- MS. KRUMBINE: That's correct. That's the magic number. COMMISSIONER COYLE: So let's not discuss that anymore then. But I can't support any increase beyond that. I don't think that's appropriate. But bottom line is, I think it's wise if we get the municipalities to participate in this committee, this organization, but if the people are not attending, I think we should retain the right to declare the position vacant and appoint somebody to fill it who will attend. MS. KRUMBINE: But we have the vacancy and they haven't filled it. COMMISSIONER COYLE: Okay. Then I think we should provide the option. You fill it with somebody who's going to attend the meetings or we'll fill it with somebody else from somewhere else. Page 129 April 8-9, 2008 MS. KRUMBINE: I'd defer to legal council, but I believe that when you -- when you have in the ordinance specifically where the seat has to come from, I don't believe you have the option to then fill it elsewhere. COMMISSIONER COYLE: Then we create a different ordinance. MS. KRUMBINE: Okay. COMMISSIONER COYLE: Okay. Then we create an ordinance that says -- MS. KRUMBINE: It's your ordinance. COMMISSIONER COYLE: -- we will provide one seat or two seats on this committee from Marco, Naples, Everglades City, Immokalee. If you don't fill it with someone who meets our attendance requirements, we will select someone to fill it from someplace else. COMMISSIONER HALAS: Ifit meets the requirement that the state has. COMMISSIONER COYLE: Anything wrong with that? COMMISSIONER COLETTA: Yes. COMMISSIONER COYLE: Something's wrong with that? COMMISSIONER COLETTA: I think so. You know, whenever you get site specific that it's got to be from one particular area, I think you're handicapping the whole system. I'm not trying to punish the City of Naples because they've come across with some excellent candidates, but I just think to say, okay, two seats are reserved -- COMMISSIONER COYLE: I didn't say that. COMMISSIONER COLETTA: Oh, I'm sorry. I misunderstood. COMMISSIONER COYLE: Yeah. I didn't say two seats reserved. I said -- CHAIRMAN HENNING: Just the opposite. COMMISSIONER COYLE: I said that we would allow for the Page 130 April 8-9,2008 City of Naples, Everglades City, Immokalee, and -- who did I leave out? COMMISSIONER FIALA: Marco. COMMISSIONER COYLE: -- Marco Island a seat on the -- they could nominate someone for a position on this committee. If they -- those people who are nominated fail to meet the attendance requirements, then we will fill it with whoever we wish to fill it with. And the other seven seats would be filled at large from the entire county. So you've got a chance for a large -- fairly large range of people to participate here. MS. KRUMBINE: Let me just clarifY, and then I'm going to let Jeff comment, that those four seats will not only have to qualifY for the jurisdiction, but they're going to have to qualifY for one of those spots that are open. So you might end up with, somebody from the City of Naples has to be a nonprofit developer. That might be the only combination that could be. COMMISSIONER COYLE: Be okay with me. COMMISSIONER FIALA: Which would be Steven Hruby, right? CHAIRMAN HENNING: May I go next? I think that just complicates things because you might get a not-for-profit developer, doesn't live in the municipality, and all these other categories that was in the amended statutes. I think the more appropriate thing to do is for the chairman to write a letter to the City of Naples and say that we have a real problem with the city's appointment, and do we want to take a look at the agreement and amend the agreement. COMMISSIONER COYLE: If you want to do it, that's fine with me, if you want to amend the interlocal agreement. What happens if they say no? CHAIRMAN HENNING: Then we need to tell them to start shaking the bushes and provide somebody at the table. Page 131 April 8-9, 2008 MS. FILSON: I can tell you they're in the process of doing that for Larry Fleming, who resigned in September. I believe they told me that they're working on appointing Murray Hendel to that position. Now, that might change with what we're doing today. If it does, I need to know so I can contact them. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Doesn't Steven Hruby live in the City of Naples? Yes, he does. He lives in Port Royal, right? Yes, okay. So he would be -- he could be considered-- MS. FILSON: But he's not their appointment. They actually do resolutions appointing members. COMMISSIONER FIALA: Oh, I see. Okay. CHAIRMAN HENNING: Commissioner Halas, do you have anything? COMMISSIONER HALAS: Yeah. I think what we should do is try to make whatever -- if we make changes to the ordinance, I think we ought to make sure that we're opening it up for everyone in the county and not be specific in the locations, because it's difficult to get people to step up to the plate, to get involved in a lot of these committees that report to us. So I think we should try to open it up as best as possible, and especially since the state now has put some restrictions on exactly who can sit on this board. So I think we need to make sure that we have a bigger arena that we can draw from to fill these positions. CHAIRMAN HENNING: Okay. Entertain a motion. MS. FILSON: Can I just -- can I just clarifY something? CHAIRMAN HENNING: Yes. MS. FILSON: Are we going to leave the name Affordable Housing Commission? And I have four applicants -- four vacancies that I'm going to advertise for. I heard her say four and five. I don't know what the fifth one is. CHAIRMAN HENNING: I haven't figured out what the board Page 132 April 8-9, 2008 wants to do yet. MS. FILSON: Okay. Oh, I thought you were -- sorry. CHAIRMAN HENNING: Nobody's made a motion, and I'm -- MS. KRUMBINE: Let me just answer. I think the name is not the issue. It's the makeup of the committee that they're really looking for. So I think that the name came in in kind of -- along with the other names of the different commissions that we have here, so it kind of followed what was the tradition of Collier County. But what we have to follow are the changes that the state made and to the makeup of the commission and -- the number and the seats, the categorized seats. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I'll try and make an attempt at a motion. First of all, the simple part is, we need to change the name of the director from what it is to what -- MS. KRUMBINE: What I am. COMMISSIONER FIALA: -- what you are. And that is? MS. KRUMBINE: Director of housing and human services. COMMISSIONER FIALA: Director of housing and human services. That's the simple part of this motion. The second thing is to expand the committee to 11 members to meet the requirements of the new state statutes. The third thing is, we want to readdress our interlocal agreement with the City of Naples or invite them to readdress the interlocal agreement to see if we can't modifY it to some degree. And let's see. Fourth, we want to eliminate the requirement that -- that the person must live east of 951 so that we can open that up. And I think that that would be all in my motion, unless I'm forgetting something, Members. CHAIRMAN HENNING: No. Mr. Klatzkow, do you want to address that? MR. KLATZKOW: Yes. The only thing I would say is that we Page 133 April 8-9, 2008 have a timing issue here, and I apologize for not getting this ordinance to the board well in advance, which is why I gave the board a very vanilla ordinance that simply complies with the statute so we can start getting this done. If we're going to start commencing negotiations with the City of Naples over the interlocal agreement -- COMMISSIONER HALAS: We'll never make it. MR. KLA TZKOW: I've dealt with the City of Naples. That's not going to take a week. CHAIRMAN HENNING: Yeah. I think that was guidance-- MR. KLATZKOW: Oh, that's just guidance? CHAIRMAN HENNING: -- to the staff. COMMISSIONER FIALA: Yes. MR. KLATZKOW: Okay. COMMISSIONER FIALA: Right now we can't do that. I realize that. And we already have people meeting some of these qualifications. MR. KLATZKOW: I understand that. COMMISSIONER FIALA: And the City of Naples might even want to take Steven Hruby and assign him to be their second person representing the city if they so desire to do that so they have their two members. But I think we need to go back and readdress that. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'll second the motion. CHAIRMAN HENNING: Second the motion, okay. Thank you. COMMISSIONER COLETTA: One thing that we have to address, too, is the dis -- the problem we have with the third bullet point from the bottom there. One citizen who resides within the jurisdiction. We've got three people, and we were talking about keeping the status quo at the moment. How do you want to deal with that? And that -- COMMISSIONER FIALA: Well, that's good. I liked the recommendation from the Affordable Housing Commission, and we Page 134 April 8-9, 2008 can -- by the way, we could put that into our motion, too. Maybe address the name change for the Affordable Housing Commission so that we can update that. But their -- their recommendation someplace in here was to -- to keep the members that they have because it's a working committee, add to it, and the members that they have right now, we would assign them into the different categories grandfathering them in. I don't know if you have that -- is that how you said it? MR. KLATZKOW: Commissioner, one approach, if you'd like, is that the current members of the commission who do not qualifY under the new state criteria could be appointed as alternates, and we could amend the ordinance that we're presented to allow for alternates. The state's requirement is to have 11 regular members. It's silent as to alternates. So we could finesse it that way and keep them active in the board. COMMISSIONER FIALA: Okay. I think Ken Kelly, in his letter to us, said allow existing Affordable Housing Commission members to maintain their positions or grandfather then in; allow current commission members to reapply for the same position as terms expire regardless of professional affiliation; advertise for three newly created positions, that being the planning, the City of Naples banking, and not-for-profit affordable housing. MS. KRUMBINE: And one of the reasons why we, on the next page, if you see the chart that we gave you -- did you want to put that -- excuse my scribbles on them -- is that there was a discrepancy between the way that the commission fit themselves into slots and the spot where they actually fit into. And we do have to follow statute, Commissioners. When they say they want a nonprofit developer, they mean they want a nonprofit developer, not somebody who we're kind of picking and choosing and trying to squeeze into that mold. So they -- technically when they apply, they have to apply and fit Page 135 April 8-9, 2008 into the position. So we only really have five people that apply that fit the exact category, and then the sixth would be the Realtor, if you wanted -- and Sue, you can tell me if they could do this -- can you appoint that person as a full commission member now as -- from the alternate, or does she have to go through a process where it is advertised? But -- so then that would give you six, and then the other five slots are open. MS. FILSON: And I'll let David answer that question. MR. WEIGEL: Yes. CHAIRMAN HENNING: Thank you. MR. WEIGEL: Is that clear enough? MS. FILSON: So I'm asking advertising for four, not the Realtor? MS. KRUMBINE: No, we're not doing anything until they decide. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: That's part of the motion about the Realtor. COMMISSIONER FIALA: Okay. Let me add that, that the Realtor who is now the alternate become a regular member representing the Realtor position required by the state statute. COMMISSIONER COLETTA: And second on all above. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Okay. So we have a motion by Commissioner Fiala, second by Commissioner Coletta. Is the motion clear? MS. FILSON: Did you change the name of the committee? COMMISSIONER FIALA: No. I suggested that they change the name of the committee and come back to us and then we'll confirm it. MS. FILSON: Okay. CHAIRMAN HENNING: Actually we can do it in the Page 136 April 8-9, 2008 ordinance. COMMISSIONER FIALA: Okay. We can do that. CHAIRMAN HENNING: Is that a part of your motion? COMMISSIONER FIALA: Okay. That will be a part of my motion that we will change it in the ordinance. MR. WEIGEL: So the word is committee rather than commission? CHAIRMAN HENNING: Correct. MR. WEIGEL: Okay. COMMISSIONER COLETTA: Second agrees. CHAIRMAN HENNING: Second agrees. Sue, are you clear on the appointments? MS. FILSON: Yes, sir. I'm advertising for four. CHAIRMAN HENNING: Okay. I just have one question. COMMISSIONER FIALA: Well, wait a minute. MS. KRUMBINE: Well, and I have a question, too, then. What do you want to do about the "resides in jurisdiction," because that would be the fifth position? CHAIRMAN HENNING: The jurisdiction in the City of Naples or all of the jurisdictions? MS. KRUMBINE: No. I would just say that the three members that fit one category. MS. FILSON: Is that the employers within the jurisdiction? MS. KRUMBINE: No. That's just resides within the jurisdiction. So that would be Cormac Giblin from the City of Naples -- let me go back. MS. FILSON: John Barlow and Jim Morgan, I think. MS. KRUMBINE: Third bullet from the end. One citizen who resides with the jurisdiction, John Barlow and Jim Pusateri are both your appointees that fall with that, and Cormac Giblin is a City of Naples appointee that falls within that category. So we can go ahead and advertise banking or mortgage industry, Page 13 7 April 8-9, 2008 advertise not-for-profit developer, advertise local planning agency, and advertise one citizen who represents essential service personnel. Those are your four seats, okay. We're going to go ahead, by your motion, it's approved, and fill the -- that Realtor position with the alternate. So then what's left is one citizen who resides within the jurisdiction. COMMISSIONER HENNING: The jurisdiction being the City of Naples? MS. KRUMBINE: No. It would be Collier County. CHAIRMAN HENNING: Okay. Then my recommendations would be to ask the three gentlemen to encourage them to apply for the position, just let the board pick. COMMISSIONER FIALA: But my motion already stated that I wanted to confer with what the Affordable Housing Commission, now committee, told us to do, and that is to keep the people on. CHAIRMAN HENNING: Oh. I thought you understood that it's not legally possible to do that because of the statute change; otherwise, you'd have to expand the committee to a 13-member committee. MR. KLATZKOW: We can create -- and there's already one alternate in the ordinance. We can create a second alternate, which I think keeps everybody onboard in some capacity. MS. KRUMBINE: Or actually -- I know we're just -- first of all, I think that the City of Naples has to kind of take care of the City of Naples. You don't have any authority to appoint those members. So I think that takes Cormac Giblin out of the picture. So then we have John Barlow and Jim Pusateri, you're removing the alternate and putting the alternate into a regular member position. So we have one alternate, one lives in jurisdiction. You have two men. So you just chose one to be the member and one to be the alternate, and you could call it a day. CHAIRMAN HENNING: Commissioner Coletta? Page 138 April 8-9, 2008 COMMISSIONER COLETTA: Well, in that case, I'd recommend John Barlow be the person who resides in jurisdiction and then Jim -- COMMISSIONER FIALA: Pusateri. COMMISSIONER COLETTA: -- Pusateri be the alternate. COMMISSIONER FIALA: Isn't he the chairman right -- oh, no. MS. KRUMBINE: Ken Kelly is. COMMISSIONER FIALA: I don't agree. I would like to go the opposite. John Barlow's a wonderful man, so's Jim Pusateri, so -- COMMISSIONER COLETTA: Maybe we should leave that for another day. COMMISSIONER FIALA: No. We should finish it right today. CHAIRMAN HENNING: Okay. It's your motion. COMMISSIONER FIALA: Oh, it's my motion? CHAIRMAN HENNING: Yep. COMMISSIONER FIALA: Okay, fine. So I'd like to put Jim Pusateri in as the regular member and John Barlow in as the -- CHAIRMAN HENNING: Alternate. COMMISSIONER FIALA: -- alternate. CHAIRMAN HENNING: Does the second agree with that? COMMISSIONER COLETTA: To be honest with you, no. CHAIRMAN HENNING: So are you pulling your second? COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: All right. I'll second it for a matter of discussion. Any discussion on where we're at today at this point? (No response.) CHAIRMAN HENNING: I have two questions. The duties of the committee hasn't changed, right? This is just an appointment ordinance? MS. KRUMBINE: That's correct. CHAIRMAN HENNING: Okay. The second question is, the Page 139 April 8-9, 2008 local planning agency is the Planning Commission. Is there -- is there going to be any problem with a quasijudicial -- MS. FILSON: No. Affordable housing isn't quasijudicial. CHAIRMAN HENNING: Affordable housing is not quasijudicial. And would we still have to -- if they sit on more than two committees, would we have to waive the procedure? MS. FILSON: Yes, sir. CHAIRMAN HENNING: I see. Okay. MS. KRUMBINE: And it could be the Collier County Planning Commission or the Naples -- City of Naples planning. CHAIRMAN HENNING: You want to make it more complicated? MS. KRUMBINE: No. But I'm just saying a planner is a planner. It could come from either place. MS. FILSON: Or Marco. MS. KRUMBINE: Or Marco. There you go. COMMISSIONER COLETTA: Or Everglades City. CHAIRMAN HENNING: Is there any more 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: Motion carries, 4-1, Commissioner Coletta dissenting in the motion. Are we clear on that? MS. KRUMBINE: Just -- we're going to advertise four vacant seats. We are expanding the board to 11 members. We've made Jim Page 140 April 8-9, 2008 Pusateri the regular member, and -- and we've made Celly Master a regular member as a Realtor, and we've made John Barlow the alternate, and you're asking us to go back and look at the interlocal agreement. Is that everything? MR. MUDD: And you've changed the name of the Affordable Housing Commission -- MS. KRUMBINE: And you've changed the name. MR. MUDD: -- to the Affordable Housing Advisory Committee. CHAIRMAN HENNING: And we gave you a raise. MS. KRUMBINE: And we're getting -- it's all coming back to me. We're removing the east of951. COMMISSIONER FIALA: And changed your position. MS. KRUMBINE: And change -- what was my title again? COMMISSIONER FIALA: Affordable housing -- MS. KRUMBINE: Whatever. COMMISSIONER FIALA: -- director. MS. KRUMBINE: Guru. COMMISSIONER COYLE: Vice-president of affordable housing. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Yeah. And I think we also changed the name of the committee. MS. KRUMBINE: We got that one. COMMISSIONER FIALA: Okay. MS. KRUMBINE: We're good. Thank you. CHAIRMAN HENNING: Take Frank with you. MS. FILSON: And I sent you an email of the proposed language for the press release. If you would look at it and get back with me, I'll advertise on Friday. MS. KRUMBINE: Thank you for your time. CHAIRMAN HENNING: Next item. MR. MUDD: Commissioner, that brings us to -- 8B on your Page 141 April 8-9, 2008 agenda is continued to May 13th. Item #8C RESOLUTION 2008-99: PETITION CP-2006-1 TRANSMITTING, A GROWTH MANAGEMENT PLAN AMENDMENT TO THE IMMOKALEE AREA MASTER PLAN AND FUTURE LAND USE MAP AND MAP SERIES W/CCPC STIPULATIONS INCLUDING A DCA OR TRANSPORTATION IMPACT OF THE PROJECT- ADOPTED Next agenda item is 8C, it's a public hearing for petition CP-2006-1, a Growth Management Plan amendment to the Immokalee Area Master Plan and Future Land Use Map and Map Series, and this is a transmittal hearing. And I believe Mr. Mulhere represents the petitioner. MR. MULHERE: Good afternoon. For the record, Bob Mulhere with R W A here this afternoon on behalf of Silver Strand Three Partnership. Here with me this afternoon also is George Varnadoe, who is the land use attorney for the petitioner; Jeff Perry, who is the transportation consultant; Russ Weyer, who did the -- he's with Fishkind & Associates, and did the needs analysis. If you have any specific questions, those folks are here to answer them. I'm going to give you as brief a presentation as I can, and then, of course, open it up for questions. Also, shouldn't want to forget that the -- on behalf of the property owner, Mr. Tom Sansbury is here, right there. We're here this afternoon to request an amendment, as you are aware, to the Immokalee Area Master Plan to create a commerce park at Silver Strand. There is a location map on the visualizer. Generally the property is south of Immokalee. It's the last parcel heading south Page 142 April 8-9,2008 on Immokalee Road out of Immokalee or downtown Immokalee that is still located within the urban -- the Immokalee urban area. The property is 165 acres in size; just under 165 acres in size, and as mentioned, it's located directly south of Stockade Road. Put another exhibit on the visualizer. This is a little closer view of the subject property. This subdistrict will provide for a mix of industrial and commercial uses that are specifically tailored to serve both the Immokalee area, the Immokalee urban area, as well as the RLSA land surrounding the property, Ave Maria, the proposed Big Cypress, also the eastern Estates as well, residents in those areas. We think that this location is ideal because the commerce park in this area can serve that Immokalee downtown area as well as those surrounding lands I just discussed without necessarily bringing in an inordinate amount of traffic through the Immokalee downtown area. That has been an issue of concern for the CRA for many years, that State Road 29 and the truck traffic on State Road 29. If we look at the surrounding lands, you can see on the visualizer -- and I'll point to these. There are -- hello? I'm sorry. There are -- MR. MUDD: Hang on. Go. MR. MULHERE: Okay. I'm almost afraid to speak now. MR. MUDD: Away, like somebody that sings, take it away from yourself. MR. MULHERE: Oh, okay. How's that? Can you hear me okay? Just to the north of the subject property is a concrete manufacturing facility, and this is the Seminole tribe. These lands here are owned by the same landowner, Barron Collier Investments. Also we have here the county stockade, just to orient yourself, and there's a county maintenance facility there as well. This piece is owned by Collier County. This is the landfill. As you can see, there's agricultural lands surrounding the property and across Immokalee Road as well. All of those lands are under common ownership. For Page 143 April 8-9, 2008 those reasons, obviously we feel that's an appropriate location. The property is, as I said, located in the Immokalee urban area. It's presently designated low-density residential, and we would argue or suggest to you that the proposed commerce park designation in that location is more compatible than low-density residential adjacent to the landfill and the stockade and so on and so forth. Property's zoned ag., presently zoned ago with a mobile home overlay. Obviously after a change to the Comprehensive Plan, if that's approved, we would have to go in and rezone it to accommodate the proposed uses. This piece of property, like all the property in the Immokalee urban area, is also located in the community redevelopment area, and Immokalee is also within the heartland rural area of critical state concern, RACSC. This is only one of three areas within the state that have been designated and identified as adversely affected by extraordinary economic events. Really the designation recognized then reinforces the fact that economic development is a critical and highly desirable result of all of the efforts that are going on out there when you look at the CRA, RASCS, and all of the efforts that are going on. They're all aimed and targeted at economic development. Planning for this piece of property began several years ago, more than two years ago. And some of that planning was work with the EDC and was related to the work that the EDC did that I know you're familiar with where the EDC looked at or had cause to have looked at the amount of industrial land that was available within the county and recognized that there was a shortage there. I know that report was delivered to this board. And it was determined that what land was available, potentially available, was not conducive because it wasn't flexible enough in terms of the designation of the zoning that was on it, and so this piece of property was determined to be an appropriate location by the Page 144 April 8-9, 2008 landowner for these uses. There really are no other sites available. I'll give you some examples. I'll put one more item on the visualizer. Try this again. MR. MUDD: Easy. MR. MULHERE: The area that you see in pink here is the commerce center industrial designation in Immokalee, and that's really the only area that would allow flexibility in a mixture of uses similar to those that we are asking for. That designation actually allows for industrial uses, business park uses, and C-1 through C-5 commercial uses, so it allows for the whole plethora of commercial and industrial uses. The problem with that piece of property, or that -- the property within that area, is that it's -- there are some 72 parcels, separate parcels, that are some less than an -- many of them less than an acre in size, some of them two acres in size, and it would be -- and there's about 136 acres of undeveloped land that those 72 parcels consist of, and it would be difficult, if not impossible, for them to aggregate those parcels into something that would be usable, in addition to the fact that, as I previously said, the location there would cause all of the traffic to have to go directly through -- directly through Immokalee. The other potential opportunity was the business park designation, which does exist in the plan and has been in the plan since, I believe, 1994. And there's only been one piece of property that has been zoned business park, and I think it's about a 30- or 40-acre parcel on 951 heading towards Marco, and it's never been developed at this point in time, and there's a reason for that, because the business park designation really limits the number of uses and only has about six or seven commercial or secondary uses that are allowed, but it doesn't have enough flexibility. Specific to this site, one of the county's -- as I said before, one of the county's primary objectives is to achieve economic diversification through job retention by attracting targeted industries to Collier Page 145 April 8-9, 2008 County. I know the board, one of your primary objectives is to diversifY the economy of Collier County working in partnership with the EDC. One of the lessons that we've learned over the last several years is that we need to have sufficient lands already designated and, in fact, already zoned to accommodate these uses should an existing business want to move there or should a new business want to come in and relocate there from somewhere outside of Collier County. The process would take three to four years otherwise. You know, we've been in this process for more than two years, as an example, and this is just for the Comprehensive Plan amendment. So we do need to have an appropriate amount of land already designated and zoned in a way that could accommodate these targeted industries that we're trying to attract to Collier County. The -- that need was reinforced by the EDC study that I previously referenced, and there was a shortfall, significant shortfall identified. Also the Immokalee Master Plan/Vision Committee recognized that, and they projected, or there was a study done on their behalf, that projected that 1,629 acres of industrial land would be needed countywide based on population projections. Russ Weyer did a need's analysis for this petition, and his study also reinforces that shortfall. The East of 951 Committee in its' preliminary report, also recognized that really most of the future industrial or commerce park type uses would need to be -- would need to be located east of Collier County because there simply isn't an opportunity in the urban area for those uses. This proposal was endorsed after presentation to a joint committee of the Immokalee Master PlanlVision Committee and -- a joint meeting of the vision committee and the CRA Advisory Committee. A vote was taken at that time and they endorsed the project. Interestingly enough, it actually shows up on a map that is in Page 146 April 8-9, 2008 your staff report. I don't have a color map, but -- I don't expect you to be able to see that. But on the bottom there is -- it says, proposed commerce park, and that is the Future Land Use Map changes endorsed by the Vision Committee, Immokalee Vision Committee. The current comprehensive Immokalee Area Master Plan has some language in it that I want to share with you, policy 6.1, or objective 6.1, that says the county shall support -- take my glasses off -- economic development opportunities throughout the Immokalee urban area. It seems pretty self-evident through that statement that this would be consistent with that -- with that objective. Interestingly, there are -- there is a draft comprehensive set of amendments to the Immokalee Area Master Plan proposed by the Immokalee Master Plan Committee, Vision Committee. That draft is replete with references to economic development and economic development opportunities. Just to show you a couple of them, this is a proposed policy 6.17, and it probably is 6.1. 7, that says, Collier County and the Community Redevelopment Agency shall make every effort to entitle an additional 1,500 acres of business, research, and industrial parks to accommodate the expected population growth in and around the Immokalee urban area, so on and so forth. And then I wanted to share this one with you as well. This is proposed policy 6.1.9, which actually identifies the range of the acreage shortfalls that will be necessary to accommodate growth by the year 2020, office, industrial, and retail. And that policy would call for action to be taken to address those shortfalls. The RACSC designation, the Immokalee Area Vision Committee, the CRA, again, they all have economic development as their primary objectives. This particular commerce park would create some 2,100 new jobs during its development stages, and at buildout, 3,148 new jobs would have a significant beneficial impact on the CRA by providing additional tax increment funding, TIF funding; 700,000 Page 147 April 8-9, 2008 is the estimate at build-out. It would generate direct and indirect sales of275 million and 95 million in employee earnings at build-out based on the projections. So it will have a positive impact on the Immokalee area and the CRA. Moving on to the staff report which, I think you read the staff report and it appears that it generally concurs with the studies that have been conducted. Doesn't take any argument with those studies relative to demand for additional business park, commerce park lands. It does identifY a number of locations that potentially could accommodate some of the commercial uses. But as I already suggested to you, the one opportunity that we would have is really not appropriate in terms of location or in terms of existing land use pattern and ownership. By the way, we looked at other commerce type -- types of uses that have been approved and that exist today, and they all have that kind of flexibility within them. City Gate Commercial Park has 33 percent of secondary commercial uses; Creekside Commerce Park has 24 percent, almost 24 percent; Westport Commerce Center has 61 percent; Gateway has 44 percent; Tollgate has 39 percent. We're asking for 30 percent. The staff report indicates that we didn't address compatibility, and we would respectfully disagree. I think we showed you that in our view this piece of property is compatible with the proposed use more so than the existing low-density residential use. Perhaps we didn't expressly state that. It seems intuitive. They also indicated that we didn't fully address how the proposal furthers the goals, objectives, and policies of the Immokalee Area Master Plan or the RACSC designation. Again, I mean, there are a number of goals and objectives, but one of the primary goals is to diversifY the economy, not only in the Immokalee area, but countywide, and this will have a countywide benefit. And I believe we did actually address those issues, perhaps not to staffs satisfaction. Page 148 April 8-9,2008 We had a neighborhood information meeting on February 4th. We had that meeting out in Immokalee at the community park in the evening. No members of the public showed up. We waited about 15 minutes and concluded that meeting. The CCPC meeting was continued from its original date at the request of the CCPC so that it could be held also in Immokalee, and it was held on March 24th at the Immokalee career and service center. That was also an evening meeting. Was held at 5:00 -- 5:05, I guess. At that meeting two members of the public spoke. Tammie Nemecek of the EDC spoke in favor of the project in favor of, from her perspective, the economic benefits of this proposal. Again, something we've been working on for more than two years with the EDC. And Fred Thomas spoke, I think in his position as chair of the Immokalee Master Plan Visioning Committee, and I think -- he's involved in the CRA. Whether he's chair or not of that I'm not sure, but is involved in the CRA as well. Again, he spoke also in favor of the project. I'm just going to -- there were a couple of other members of the public that were in attendance but they had to leave. The hearing actually took three hours, a little bit longer than we thought it would take, so there was a fair amount of discussion on the part of the Planning Commission members as it related to this project. And after, I think, a significant amount of deliberation and at the conclusion of that hearing, there was a motion by Commissioner Midney to recommend approval with a couple of conditions that are contained in your staff report that dealt with some uses that they felt were not appropriate to be located directly along Immokalee Road, and so they were conditioned to be set back 300 feet from Immokalee Road. And the other part of the stipulation, ofMr. Midney's stipulation, was that the transportation mitigation strategies that were identified Page 149 April 8-9, 2008 through a -- an ongoing discussion between us and Nick Casalanguida, transportation staff, and that's contained in your report. And I have an amended version of that, which I do want to hand out very briefly. While you're -- while George is handing that out, I'll tell you what the significance of this is. The significance is that we are agreeing to look at the mitigation, the transportation mitigation strategy, and to, between now and your adoption hearing, to identifY the specific mitigation that is appropriate from our perspective in working with transportation staff. And we'll be able to come back to you at the time of adoption specifically identifYing that mitigation strategy. And I'm sorry I went on so long, but that concludes my presentation. CHAIRMAN HENNING: Right. You have some questions by Commissioner Coletta, Commissioner Coyle, then Commissioner Halas. COMMISSIONER COLETTA: Yeah. Now, the transmittal -- this is a transmittal hearing. We still have to go through the adoption when it comes back. That's how far away from the time that it would go forward to the time it would come back? MR. MULHERE: My response would be in the neighborhood of six months, but I should defer to staff on that. Three to four months. COMMISSIONER COLETTA: Okay. Well, the question-- MR. MULHERE: I say six. Michelle says three to four. COMMISSIONER COLETTA: Is that going to be enough time to be able to resolve the issue of the roads and the access to Immokalee Road and how your turn lanes are going to be and all that? MR. MULHERE: No. Commissioner Coletta, I don't think we'll get into the detail necessarily of the access points and the turn lanes. Those are already restricted by your access management plan and determined, and we're not asking for any deviations from that. But as far as the other mitigation strategies that are outlined in Page 150 April 8-9, 2008 your staff report, you know, it's not a lot of time, but we think we can get it hammered out between now and then, and we'll make -- we'll certainly make that happen. COMMISSIONER COLETTA: And the reason why staff is objecting to this is because of the transportation element? MR. MULHERE: That's one reason. I'll have to defer to -- COMMISSIONER COLETTA: Okay. I can tell you for a fact that -- to my fellow commissioners, if I may address you directly -- this is an extremely well-accepted project within the Immokalee area. The reason you don't have people show up at meetings -- we've seen this before. The only time we have people show up are usually those that are in opposition. Generally, I haven't found one person in Immokalee that's objected to this, and they're all looking forward to it. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: You have essentially agreed to the two conditions that the CCPC have placed on their recommendations? MR. MULHERE: Yes, sir. COMMISSIONER COYLE: Then I will make a motion to approve subject to the stipulations in the BCC -- or the CCPC. CHAIRMAN HENNING: Motion to transmit by Commissioner Coletta, sec -- Commissioner Coyle, second by Commissioner Coletta. Is that correct? COMMISSIONER COLETTA: Correct. COMMISSIONER COYLE: We have two speakers, but-- CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Some of the concerns that I think that the Planning Commission had was there was no real objectives in regards to what your goals and objectives were out there. And can you elaborate on that? MR. MULHERE: Sure. Our objective is to work with the EDC to attract the types of target industries that the EDC's already Page 151 April 8-9, 2008 recognized which, you know, is very high-tech medical, computer software, manufacturing, and we haven't had a lot of success in that realm in part because we don't really have any lands that are already designated and already ready to accommodate those uses. It's going to take a concerted effort to attract those types of uses here, but we need the flexibility of those other issues in a park this size to allow that opportunity to come to fruition. COMMISSIONER HALAS: Okay. You answered my question. MR. MULHERE: Thank you. COMMISSIONER HALAS: I'd like to direct some questions to staff here. Do you -- anybody from staff in regards to this. Where do we stand with what the goals are? Do you have any idea what they're planning on building out there other than what I just heard? And my concern is the intensity on the road, and can you address that? MS. MOSCA: For the record, Michelle Mosca with your comprehensive planning staff. I can address some of it. We have seen a draft Immokalee Area Master Plan. In that draft there's an expansion of some of the commercial and industrial areas. I've been told that that map has changed significantly. I don't know. I believe staffs concern is the way that the sub-district is structured. If the market dictates commercial, the sub-district will allow 100 percent commercial uses. What, in essence, you are creating is a hard urban edge, so there's really little or no transition from the rural lands into the urban area. What you might look at is a car dealership. That's one of the uses that's proposed. In addition, you might see a Walgreen's or similar drugstore use. COMMISSIONER HALAS: Okay. This is for Norm Feder or whoever wants to address this transportation issue. Do you believe that if we send this up for transmittal that there's a good possibility that we can address the transportation issues by the time it arrives back down here? Page 152 April 8-9, 2008 MR. FEDER: We will work to that end. I would have liked to have heard a little stronger statement on the record than we will look at the issues and identifY those that we think are reasonable. But having said that, obviously we'll work to try to get that resolved, and I will tell you that we'll reserve the right to come back to you with whatever we're able to develop and tell you whether or not we think we ought to approve for the final approval. This is transmittal. We don't have a lot of information. You're transmitting on the commitment that we will work together to try to resolve the transportation issue. COMMISSIONER HALAS: Did you read this paper that -- MR. FEDER: Yes, I did. COMMISSIONER HALAS: Doesn't really -- MR. FEDER: What I will tell you is to some degree obviously what we have is identification of every issue because we have basically presented to us no issues. So we will work from that, and I'm sure that together we'll come up to something that hopefully addresses the impacts of this development to the transportation network. COMMISSIONER HALAS: Okay. Not only is it going to affect right there at the general location, but it's going to affect throughout the whole quadrant all the way down to Camp Keais Road and then the intersection ofImmokalee Road and 29. MR. FEDER: Yes, you've got some intersections -- COMMISSIONER HALAS: There's a large area here that it's going to affect. I did read -- tried -- I tried to read the transportation report that was put together, and I found it very confusing and convoluted, and I just didn't get anything out of it, so maybe -- MR. FEDER: We will be working on that over the next four months. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coyle? Page 153 April 8-9, 2008 COMMISSIONER COYLE: Yeah. I would like to make sure, Norm, that you understand that the CCPC's stipulations were that the applicant would define transportation mitigation strategies. It doesn't say anything about working together. They have to define transportation mitigation strategies by the adoption hearings. MR. FEDER: And we have to then review those to make -- COMMISSIONER COYLE: Yeah, that's correct. MR. FEDER: -- recommendation to you. COMMISSIONER COYLE: That's correct. So it's more than them just saying they're going to work toward something. They have to define the transportation mitigation strategies suitable to staffs reVIew. MR. FEDER: I'm much more comfortable with that statement than the one I heard previously, yes. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: I'm sorry. Commissioner Fiala? COMMISSIONER FIALA: Oh, that's all right. I'm just trying to get the size of this place. Is it like the size of Coconut Pointe? MR. VARNADOE: No. COMMISSIONER FIALA: In Lee County. MR. V ARNADOE: No, and I think that's an unfair comparison. This is going to be like in a parklike atmosphere, has a very low building intensity. COMMISSIONER FIALA: I'm just trying to get the size. It doesn't -- you know, I don't have a problem one way or another. I'm just trying to determine what the size is. MR. MUDD: Ma'am, it's about a quarter acre square. COMMISSIONER FIALA: That doesn't mean anything to me. MR. VARNADOE: The acreage is about the size of Creekside, which is on both sides -- COMMISSIONER FIALA: Oh, okay. Page 154 April 8-9, 2008 MR. VARNADOE: -- of Goodlette-Frank Road. COMMISSIONER FIALA: Okay, good. Thank you very much. And then the way I was reading it, there were some prohibitions, but that's just within 300 feet of the -- ofImmokalee Road, right? So if Home Depot wanted to move in there, for instance, they could as long as they were set back 300 feet from the road? MR. V ARNADOE: No. There were certain uses that the Planning Commission didn't think would be appropriate directly on Immokalee Road. And one of them was a used car dealership, for example, another was an automobile repair facility, and we agreed with that. That's not the intent. You know, no one gets hurt by an unattractive business park more than the person who owns the land in there because it's not like a shopping center where you sign your lease as you build it and you go away. These things take years to absorb all the amount of square footage you're trying to lease in there. You can look at Creekside, it's been on the books for probably 10 years, maybe it's eight years, and they're probably at half built out at the present time. You can look at City Gate, which I did back in 1988, and as far as I know, they've got a service station and car wash and a hotel going in at this point in time. These take a lot of time to develop, and that's why we're asking for the flexibility of uses to be able to respond to the marketplace. COMMISSIONER FIALA: Okay. Then maybe I didn't understand. So if I wanted -- if I'm a Home Depot person, then can I locate in there or is that not for this type of -- MR. V ARNADOE: The commercial uses that we're allowing wouldn't allow that size a facility. COMMISSIONER FIALA: I see. Okay, fine. I'm just trying to figure in my head what it is. MR. VARNADOE: If we weren't definitive enough on the record, this list of potential transportation mitigation strategies were Page 155 April 8-9, 2008 not developed in a vacuum. This is a result of several months of work with Nick Casalanguida and transportation staff as the ones that would be appropriate. We just have not focused on which ones will give the most bang for the buck, if you would, as far as helping to mitigate the traffic impacts of this project, and that's what we're going to do between now and the adoption hearing. COMMISSIONER FIALA: Well, my point is, you know, how much of a traffic generator are you having in there? Like a Home Depot would generate a lot of traffic, but you're saying that things like this will not be in there? MR. VARNADOE: Well, there's going to be traffic coming out of this project, and I would not try to tell anybody there was not. But when we did the traffic analysis, what we did was take the worst-case scenarios. We took the maximum amount of the heavy generators and modeled that because we don't know exact mix of uses, so we took the worst-case scenario, and that's what we'll be mitigating. COMMISSIONER FIALA: Thank you. MR. VARNADOE: Thank you. CHAIRMAN HENNING: Go to public speakers. Sue, would you call the public speakers, please. MS. FILSON: Yes, sir, Mr. Chairman. We have two speakers, Tammie Nemecek. She'll be followed by Penny Phillippi. MS. NEMECEK: Good afternoon, Commissioners, Mr. Chairman. Thank you very much for allowing me to speak this afternoon with regards to this project. You've heard the EDC mentioned several times during the presentation, and I will tell you that the land use analysis that we did several years ago with regards for what our future needs to be able to attract the types of companies that we'd like to have here in Collier County with regards to high-wage job employers. It was critical for us to be able to understand how it is that we're going to be able to site these companies in the community ands Page 156 April 8-9, 2008 knowing that -- the length of time that it does take to get these parks created and have buildings built, that we needed to start on it right away and be proactive in our efforts. And the creation of this park does meet those needs. We did work with the State of Florida in order to expand the rural area of critical economic concern to not only include this park specifically, but also include the entire urban boundary ofImmokalee. So that was something that was important that we noticed that was left out of the rural area of critical economic concern. So it is important that we continue to work together to try to advance this land forward so that we can have additional locations for businesses here in the community. This is exactly what we have been working towards, and we're excited about this opportunity, we're excited about the opportunity to have something in a commerce park type setting. That is what the businesses are looking for. The flexibility in the use of the land being able to have some services within the park are all concerns that the businesses look to us for. Being able to have something in the park where they can go to. Also important to us is the effort that we've been working on with Immokalee in the Immokalee Master Plan and Visioning Committee over two years of work with that committee and to understand how we're going to be able to grow the Immokalee community. And you're going to hear from Penny Phillippi, who is the CRA -- the new executive director and the CRA director for Immokalee, and I think she'll say the same thing as well. But it's important to understand that looking at that document and understanding the information that's in there meets exactly the intent of this park, and that is the vision of the Immokalee community and the desire's to be able to grow this area of Collier County for significant job creation in the future. So we encourage transmittal of this forward and hopefully Page 157 April 8-9, 2008 adoption later on, that we can start attracting some companies and marketing this product to businesses outside the area for recruitment, but also as we saw with Arthur X going out to the Ave Maria area, it's an opportunity for some of our existing businesses to have some additional places to expand. Thank you. MS. FILSON: The next speaker is Penny Phillippi. MS. PHILLIPPI: Good afternoon, Commissioners. My name is Penny Phillippi. I'm the Executive Director of the Immokalee Community Redevelopment Agency. I can't really add anything new to this conversation between the speaker and Commissioner Coletta. They've pretty much outlined all of the reasons that I've come to the podium today. But I believe, and I believe the CRA Advisory Board and the Immokalee Master Plan and Visioning Committee, see this as a most exciting opportunity for Immokalee, an opportunity for some businesses to come in that will promote these health and science business opportunities and bring commerce to our community. I do want to make one small correction. At the Planning Commission meeting, there were actually five members of the Master Plan and Visioning Committee present, as well as myself and Ms. Nemecek. And in every instance at every turn in every conversation, this community supports this project 100 percent. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: That's your final speaker, sir. CHAIRMAN HENNING: Thank you. You know, this project, the location of it, eastern Golden Gate Estates, it is closer to potential jobs than it is to the coastal industrial park or any kind of business research park, and it would be -- it would be nice to have choices for those people out there. Is that right, Commissioner Coletta? Page 158 April 8-9, 2008 COMMISSIONER COLETTA: That's absolutely correct. And there's another element too that Mr. Feder, I'm sure, would be able to elaborate on. We've been looking for a way to be able to utilize our roads in a more efficient manner instead of traveling to the west in the morning and back to the east in the evening. Now we'll have a chance to be able to break up that travel pattern over a period of time. CHAIRMAN HENNING: And better utilize our traffic infrastructure. COMMISSIONER COLETTA: That's correct. Probably make the roads go farther than they would under conditions that prevail today. CHAIRMAN HENNING: Commissioner Halas has a question for our staff. COMMISSIONER HALAS: Yeah. For the planning staff. This is classified as an industrial park or a business park? MS. MOSCA: They're calling themselves a commercial park. It's a combination, light industrial use is what's being proposed and commercial use. COMMISSIONER HALAS: Okay. Light industrial. What is that classified, C-4? MS. MOSCA: No. C-5 and business park type use. There are some additional uses such as leasing of bulldozers, cranes. Those types of uses that are also in there which would be more on your heavier industrial side. COMMISSIONER HALAS: How close is this to a residential area, proposed residential area? MS. MOSCA: Well, you have the Seminole Indian tribe. They have residential to the north, just to the north of the subject site, and then probably about a mile away. This is an auto-dependent site, definitely, at the time, right now. COMMISSIONER HALAS: And so there is adequate buffer zone between this -- the location of this and any additional residential Page 159 April 8-9, 2008 that may be planned or that is there at the present time? MS. MOSCA: Well, primarily, as I believe the petitioner stated, the lands adjacent, for the most part, are owned by the Colliers. COMMISSIONER HALAS: Okay. MS. MOSCA: So the property to the north they own, which they're proposing -- I think there was a CU allowed for a batch plant, and then you do have a sprinkling of homes, and those are, you know, the Seminole Indians, and then there's the landfill to the north. But all the other properties are owned. COMMISSIONER HALAS: Okay. And so they haven't been-- they're still ago or are they -- MS. MOSCA: They're agriculture with a mobile home overlay. COMMISSIONER HALAS: Okay. MS. MOSCA: And immediately to the south is the rural land stewardship area overlay. COMMISSIONER HALAS: So actually when this comes back to us after it's been transmitted and we get this back, then we can address the issues of making sure that we have the proper buffers and everything else? MS. MOSCA: That would most likely happen-- COMMISSIONER HALAS: At the planning? MS. MOSCA: -- at the time of the rezoning. COMMISSIONER HALAS: Yep. Okay. Thank you very much. CHAIRMAN HENNING: Okay. Is there any other discussions or questions from staff? (No response.) CHAIRMAN HENNING: Any questions or comments about the . ? motIon. (No response.) CHAIRMAN HENNING: Did you want to comment on the motion? Page 160 April 8-9, 2008 MR. FEDER: IfI could, just very quickly. And for the record, Norman Feder, Transportation Administrator. We talked about the recommendation, comes up to their development and strategies. The only thing I want to get on the record and encourage the board to consider is, it's got to go beyond strategies. When I was talking about us working with them, those strategies need to be brought into an enforceable DCA and meet the needs of the transportation impacts. And yes, you're right, there are opportunities that it created as well for the network, but there are also impacts that we need to get addressed. Those do need to go into an enforceable DCA, not just strategies. And so I'd like to bring that to your attention. CHAIRMAN HENNING: That would be dealt in -- dealt with in the zoning, wouldn't it? MR. FEDER: That would be dealt with hopefully at this time that you approve this because you need a DCA before you approve it. So it would be our recommendation not to just have strategies but to have an enforceable DCA or developer contribution agreement -- excuse me, I used too many acronyms -- developer contribution agreement to address the nature of those impacts which do impact both Camp Keais, Immokalee, and 29 and intersection issues. So I want to go beyond strategies as the issue was brought up in the recommendation, and say that we need to go to an enforceable developer contribution agreement before adoption. CHAIRMAN HENNING: Okay. I mean, that -- we really don't know what the -- well, never mind. MR. FEDER: They will be identifYing strategies. We need to translate that into an enforceable DCA. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. When that does come back to us, make sure that -- Norm? Make sure when that comes back to the board that you stress that very strongly so that we -- Page 161 April 8-9, 2008 MR. FEDER: We will. COMMISSIONER HALAS: -- it's a reminder to us to make sure that it's been addressed, okay? Thank you. MR. FEDER: Thank you. CHAIRMAN HENNING: Any further questions? Commissioner Coyle? COMMISSIONER COYLE: Just one bit of clarification. I want to make sure that we understand what Norm is trying to tell us. If he has his telephone turned off. CHAIRMAN HENNING: That's his daughter. MR. MUDD: It's the new baby. MR. FEDER: That was Nick, I think, trying to make sure that I raised the issue of the DCA. But go ahead. COMMISSIONER COYLE: Let's make sure we understand this. Are you suggesting that we make it part of our motion for the purpose of transmitting this to DCA for approval, or are you saying that at the time that we wish to approve it, implement it, after DCA approval or review, that we should have this language about the DCA or -- MR. FEDER: I'll defer to the board's direction. But what I will tell you is I'd rather have it as part of the transmittal, making it clear that at the time before adoption, there will be an enforceable DCA that addresses the strategies found best to mitigate the transportation impacts. COMMISSIONER COYLE: All right. And the -- for the petitioner, do you have any real difficulties with dealing with that? The answer is no. MR. V ARNADOE: I don't think so. I mean, there may be other ways to implement it, but I think a DCA is one that this board is more -- most used to dealing with, then that's appropriate. COMMISSIONER COYLE: Would you like to have broader language that provides for a DCA or other kind of solutions for the transportation impacts? Page 162 April 8-9, 2008 MR. V ARNADOE: That would be wonderful. COMMISSIONER COYLE: Okay. Norm? MR. FEDER: I'm fine. What I will tell you, I'm not sure what those other solutions are, but I wouldn't mitigate the idea that they built all those roads and so it's all covered and I don't need a DCA. COMMISSIONER COYLE: Okay. Then let me revise my motion for approval to include the stipulations of the Planning Commission but with the second stipulation to be tightened to include a DCA or other mutually acceptable agreement which will address the transportation impacts of the project. CHAIRMAN HENNING: Okay. Is that included? COMMISSIONER COLETTA: Second agrees. CHAIRMAN HENNING: There's a motion and amended motion on the floor for -- from Commissioner Coyle, second by Commissioner COLETTA. Discussion? (No response.) CHAIRMAN HENNING: Seeing none, 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. We should really take a 10-minute break at this time for our court reporter. COMMISSIONER HALAS: Definitely. CHAIRMAN HENNING: We'll be back at 3:10. (A brief recess was had.) Page 163 April 8-9, 2008 MR. MUDD: Ladies and gentlemen, please take your seats. The next item is item -- we finished the advertised public hearings. We've gone all the way through 9. Weare now continuing paragraph 10, County Manager's report. Item #10E EMS STAFF DIRECTION TO RESEARCH AND PROPOSE AMENDMENTS TO SECTION 50-104 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA KNOWN AS THE COMMUNITY AUTOMATED EXTERNAL DEFIBRILLATOR (AED) ORDINANCE. MOTION TO APPROVE W/EMS SUGGESTIONS, ADVERTISE THE DRAFT ORDINANCE AND BRING BACK TO A FUTURE BCC MEETING - APPROVED Next item is 10E, which used to be 16F1. And it -- it is a recommendation to provide EMS staff direction to research and propose amendments to section 50-104 of the Codes of Laws and Ordinances of Collier County, Florida, known as the community automated external defibrillator, AED ordinance. The item was moved at Commissioner Henning's request. And Mr. Page, your director of EMS, will present. CHAIRMAN HENNING: Let me get to the item and I'll just get to the questions. Mr. Page, presently the AEDs in commercial or multifamily or ALF housing, the 911, they -- operations, they know where the AEDs are; is that -- is that changing? MR. PAGE: Well, it has, Commissioner. For the record, Jeff Page with Emergency Medical Services. What's happened is back when this ordinance was originally put together, it was a physician requirement to have a script to actually go Page 164 April 8-9, 2008 and purchase one of these. That has now changed. Any layperson can go on the Web and buy an automatic external defibrillator for their home, for their boat. And right now -- when this started out there were probably several in the county. There's over 900 AEDs in the county that we know of at 500 different sites. Collier County EMS has one coordinator keeping track of all of this. It is true that those that do register -- and currently the ordinance does require that -- we do put those in their computer-aided dispatch system so that those can be identified; however, the challenge is, we feel that the county has a liability issue here where in the ordinance we're requiring people to register, and there's really no way to enforce that given the fact that they no longer have to ask for a physician's script to have that, and people can just -- and we know of a ton of instances where we'll go to teach a class, a CPR class, and we'll find out that a number of the students there have AEDs either in their homes or their boats or their offices that have not been registered before. So we're constantly playing catch-up to try and get these registered. Now, one of the concerns that we all have is we want to keep this ability to maintain where these AEDs are, so we are suggesting that -- and this follows state statute -- that we encourage them to register so we know where they are and we can identifY them, but also we're working with a company that's originally worked out of Canada. They have requested Collier County to be a beta test site that will allow for those that participate, they'll be given a pager so that whenever there is a cardiac arrest in Collier County, the closest AED site will be activated so that if they're across the street or next door to an agency or a restaurant, they'll be notified and they can actively go to that restaurant and apply the AED. That's probably going to be coming to the board within the next month to ask the board's permission on that. Page 165 April 8-9,2008 But this has gotten to the point now with just one AED coordinator and the reduction of staff, you know, still pending, there's just no way that we can really logistically monitor everything that's out there, and we feel it is a risk. CHAIRMAN HENNING: Okay. Mr. Page, isn't it true that you don't need a prescription for a residence, but you do need one for a commercial establishment? MR. PAGE: Well, there -- it goes more along the lines of the type of AED you buy. You can go on line and buy the family AED model, and there are dentist offices and other office situations that have this particular model. So yes, there are some that need a script to find it, but that still doesn't require them to register with the county, or there's no way that we can force them to. We're usually finding out through the classes that we hold on a regular basis. CHAIRMAN HENNING: Well, it doesn't do anybody any good to have an AED without them being trained, and the concern that I have is you have any commercial establishment where you have managers and employees that change, and here you've got this box mounted to the wall, AED, and nobody knows what it is. I mean, that's -- that's my concern. And then what is the liability of that commercial establishment that has an AED there that is either not -- the batteries are bad or nobody is trained to use them? MR. PAGE: I understand, and that's why we still have the responsibility of the AED site to include that training, the monitoring of the batteries, keeping the upkeep of the AED in place. That's not changed. But to ask that the EMS department be the one to monitor or enforce this is just -- there's no way that we can do it. CHAIRMAN HENNING: Okay. Well, I think your department has done a wonderful job with Dr. Tober and has been recognized nationally for the saves using AEDs. Page 166 April 8-9, 2008 Is there any way that we can keep the requirements of registration of ALF and commercial, you know, big commercial establishments to make sure that they're -- MR. PAGE: Well, perhaps ifI ask Colleen from the County Attorney's Office to come up, she can deal with the liability issues better than I can, so -- MS. GREEN: Good afternoon. Colleen Green, Assistant County Attorney. What is your question, Commissioner Henning? CHAIRMAN HENNING: Well, is there any way that we can require commercial establishments and ALF facilities to require that they keep up with the training and make sure that the AED is functional? Because they do have a battery life on them. MR. PAGE: I think that that's something we can severally research and carve out a very specific section in the ordinance, based on the statute. The statute still reads that people who acquire AEDs are encouraged to register AEDs. CHAIRMAN HENNING: Correct. MS. GREEN: So that's the way the statute reads, that's why we're amending our ordinance to read the same way. The problem is, that there are people -- you know, there are small ALFs and small licensed facilities that EMS may not be aware of when these buildings come on line and when these agencies open. And, again, it's a question of monitoring and how the EMS staff can be aware of each and every type of facility that opens in the county. CHAIRMAN HENNING: Well, would you -- I know this is a draft ordinance. MS. GREEN: Yes. CHAIRMAN HENNING: Would you do some research to find out if even the small ALF needs to have a prescription for AED? And the only -- the only thing is, if they have to have a prescription to get an AED, I think they ought to be trained, and I think they ought to be Page 167 April 8-9, 2008 responsible for that battery, and I think that we ought to know so that we can assist them, being fine folks in EMS, to recover somebody if they need it. We have a very older community, and we need to be prepared. MS. GREEN: And we could do the research on ALFs-- CHAIRMAN HENNING: Okay. MS. GREEN: -- and whether they're required to have AEDs at their sites. And if they are, if we can find a way to require ALFs and similar agencies to register them. Certainly we can do the research. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Don't we have some inspection requirements for fire suppression or fire protection devices in commercial buildings and/or-- MR. PAGE: Sure. COMMISSIONER COYLE: Why couldn't we incorporate into that inspection an inspection of any AEDs that are in that facility? One of the things I'm suggesting we try to do is to minimize the intrusion and requiring training and that sort of thing, because if we have too many government requirements to maintain or have this equipment inspected, you're going to find commercial establishments, perhaps, saying, I'm not going to spend the money on it. I'm not going to have somebody go to school every year on this thing, or when one of my employees rotates out and that was the employee who knew how to use an AED, I don't want to spend the money training another one. I don't think we should try to be too restrictive on that. But if we could do it as part of the fire inspections and handle it that way, that might be less intrusive. CHAIRMAN HENNING: Yeah. Commissioner Coyle, I think you really hit it there. The fire departments make sure that you maintain your fire extinguisher, and that would be another way to register it is the cooperation of our independent and dependent fire Page 168 April 8-9, 2008 districts. MS. GREEN: And that's something that may be researched is cooperating with the fire districts to work on the inspection. Although, again, you are talking about two different agencies. COMMISSIONER COYLE: Yes. MS. GREEN: EMS and the fire districts. Another thing that you should know is that most of these AEDs, my understanding, that the AEDs that you can purchase, for example, on the Internet, they read the directions to you. So when you turn on the AED, the directions are read out loud to the user, and it will only -- and Jeff Page could, of course, address this better -- it will only actually create a shock for the necessary electronic stimulus if the person is actually in defib. COMMISSIONER COYLE: That is correct. And if you buy a Phillips AED, it is Peter Thomas's voice that is instructing you what to do. CHAIRMAN HENNING: Yeah. MR. PAGE: That's true. CHAIRMAN HENNING: And Colleen, my biggest concern is to make sure that if somebody calls and there is an AED, that we can assist them over the phone of, hey, run down the hall and grab this, just like Mr. Page said. MS. GREEN: And Collier County EMS has -- we've really addressed all of these issues, and there is going to be public service messages. We're going to try and get the word out to encourage people to register the AEDs so that we can create as close of a loop as we can in Collier County. But, again, it is a great issue for EMS with all of the new AEDs, you know, and their availability. CHAIRMAN HENNING: Right. So I'm going to make a motion to approve with guidance to Mr. Page. COMMISSIONER FIALA: Second. MR. PAGE: So we'll amend that wording and bring it back to you for -- before we actually advertise it, correct? Page 169 April 8-9, 2008 CHAIRMAN HENNING: Yeah. I think you totally understand my concerns -- MR. PAGE: Sure. CHAIRMAN HENNING: -- and I think Commissioner Coyle made a great suggestion, so I trust you will bring something that is workable back. MR. P AGE: Yep, we will. CHAIRMAN HENNING: Okay. MR. PAGE: Thank you. CHAIRMAN HENNING: Any 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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10F AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR PROVIDING SERVICES TO THAT AREA ANNEXED INTO THE CITY OF NAPLES (CITY) PURSUANT TO ORDINANCE 07-11886, ADOPTED DECEMBER 19,2007, BY THE CITY, COMPRISED OF APPROXIMA TEL Y 204.73 ACRES, LOCATED AT 3880 GOODLETTE-FRANK ROAD, AS REQUESTED BY HOLE IN THE WALL GOLF CLUB, INC., A Page 170 April 8-9,2008 FLORIDA NOT-FOR-PROFIT CORPORATION (204.19 ACRES), AND ROYAL POINCIANA GOLF CLUB, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION (.54 ACRES). - APPROVED MR. MUDD: Commissioner, the next item is 10F, which used to be 16F4, and it reads, a recommendation that the Board of County Commissioners approve an interlocal service boundary agreement with the North Naples Fire Control and Rescue District for purposes of providing services to that area annexed into the City of Naples pursuant to ordinance 07-11886, adopted December 19, 2007, by the city, comprised of approximately 204.73 acres located at 3880 Goodlette-Frank Road as requested by Hole in the Wall Golf Club, Inc., a Florida not-for-profit organization. That's 204.19 acres in that particular development, and Royal Poinciana Golf Club, Inc., a Florida not-for-profit corporation which represents a little over a half an acre. And I'll present on this particular issue. And if we need to get into the legal aspects, Mr. JeffKlatzkow will be here to help answer those questions. But here's where we are on this particular item, and I'll present just a couple seconds, and then we'll get to your questions, ma'am, if that would be okay. This particular item the board, when you found out that Hole in the Wall had -- was interested in annexing into the city and the city was considering their two reads before the council, the board, this board, adopted a resolution to engage in section 171, part two, of the annexation dialogue which basically says, interested parties, you work a resolution and then that resolution engages the parties that are of interest and work out an interlocal agreement as far as that annexation is concerned. That process was used in the Collier Park of Commerce particular engagement. Commissioner Coletta, as your chair at the Page 171 April 8-9, 2008 time, was engaged in that dialogue and subsequent interlocal agreement. Upon your resolution that you passed, it was sent to the City of Naples. We received a resolution back from the City of Naples which basically said, in essence, they weren't interested. The phase II, which is new legislation to the statute 171, basically was enacted based on our interpretation of the law and the dialogue that was going on in Tallahassee at the time, was the intent to get communities out of the fight, so to speak, on annexation and get them to sit down at the table and dialogue and get the issues resolved so that the annexation happens based on the desires of the annexing property into the municipality and get that done in the most expeditious and professional way possible. With the counter-resolution from the city that they weren't interested, it put the county into a dilemma. And at that juncture, we proceeded to continue based on board's express desire to work out an interlocal agreement. Every one of our meetings that we had -- oh, by the way, we were also joined by the North Naples Fire District into this dialogue. Every meeting that we had in this particular regard was advertised and the city was invited specifically. At no time in the three meetings that I've been to was the City of Naples represented. They didn't come. When we came up with a three-party agreement with the City of Naples involved, we sent that three-party agreement to the City of Naples for review. Again, no answer to the particular issue, basically putting it in a dilemma where the 17 -- section, Florida Statutes 171, phase II, basically says, well, if the party involved doesn't participate, then the participating parties, i.e., North Naples and the county, can then have an agreement between themselves about this particular annexation. What you have today is that two-party agreement, because we had a -- the City of Naples was not responding to the invitation to Page 172 April 8-9, 2008 negotiate an interlocal agreement. That's what I've got, and that's what item 16F4 is, and now it's item 10F on your agenda. CHAIRMAN HENNING: Commissioner Fiala, does that answer any questions? COMMISSIONER FIALA: Yes. The reason I pulled this was, there were two sentences in here. Despite several requests by the county, the City of Naples elected not to participate in the publicly noticed and publicly open negotiation sessions to negotiate this agreement and declined to be a party to the agreement. And then the second part was, it is the position of the undersigned attorneys to both the county and the fire district that pursuant to the Interlocal Service Boundary Act, a city cannot refuse to negotiate an Interlocal Service Boundary Agreement, and this agreement will be held to be binding on the City of Naples. And I just thought, as long as they didn't want to participate or anything and hold a publicly noticed meeting, we're getting at a publicly noticed meeting, so I might as well just say it out in the public so everybody knows what we've done and nobody would think that we were negotiating behind the scenes without their -- their invitation and everybody will know that the negotiations were complete whether the city was involved in it or not. So that's all I wanted to do, and I motion -- make a motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: There's a motion by Commissioner Fiala to approve, second by Commissioner Halas. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signifY by saymg aye. COMMISSIONER COYLE: Aye. Page 173 April 8-9,2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Commissioner-- CHAIRMAN HENNING: Next item is public comment. MR. MUDD: Yes, sir. Item # 11 PUBLIC COMMENTS ON GENERAL TOPICS MS. FILSON: I have five public comments, but I believe four of them aren't here. I'll call their names. Tom Cravens? Mary Bolen, Estelle Fishbein, Kay Potter. They were from the public petition this mornmg. And your final public comment person is Kenneth Thompson. Kenneth Thompson. CHAIRMAN HENNING: Mr. Thompson, good afternoon, sir. Would you like to join us? MR. THOMPSON: Yep, maybe. I'm Kenneth Thompson. I live at 2831 Becca Avenue, and I come back here. I apologize to you three people right here. He's gone. And, you know, when I say something to somebody and I know it's the truth and you turn and tell me that it's -- you didn't do it, and I have it in writing and I have everything done. And then the shape that I'm in, I flew to hell and back. I should have anyway. But I shouldn't have. But I got a problem with this 2854 Becca Avenue. Remember Page 174 April 8-9, 2008 the pictures I showed you of this swimming pool and the back of that house? Well, they've done nothing to it yet. And the tide that's coming in there so hard is pushing concrete on top of concrete. And where there's a big roof up over the top of that thing, and you have four-by-fours holding it up. Now it's breaking lose, and there's people living under that brace (sic) in the back. And if that thing was to come down just right and somebody back there on that back porch, somebody's going to get hurt. This man has not intended to do nothing. He's another Dale Steinberg, if there's ever been one. But I'd like to know how that boy's paying his rent. It's a closing deal. And I think -- you remember when he come and dredged that out back there? He dredged and dredged. He paid this dredger a lot of money to keep dredging, all under the seawall and the docks, and this, that, and the other, and all of a sudden it all went out in the creek. Now I found out at that time the dredge people was paying his rent, $1,500 a month. When they go to Illinois, they're still paying his rent. And this woman that lives -- Barbara, supposed to be his wife, but she ain't -- you'd be out there on the porch -- I fixed this porch where I could sleep on it at night because I don't like air-condition, and all of a sudden you hear people who are flying through damn windows, and this is no joke, anywhere from nine, 10, 11 to 12. He even had some of the deputy -- one of the show cap's daughters over there. She's 17 years old. And I was talking to them on dispatch one night, and he asked me to -- he described her to me. And I told him that it was his daughter. So I mean, he come over just immediately, you know, and they wouldn't let her out. When they did, it kind of wasn't a good show. But then he never got her, so now there's a warrant for her arrest. And every time I call the deputy, it takes them four hours, four to five hours if they get there. And the only way you're going to catch a deputy is you tell him Page 175 April 8-9, 2008 you want to see him. Other than that, they will not come out there. And that's the truth. They will not stop the damn speeding on Bayshore -- on Becca Avenue. It's a -- Bayshore Drive is a racetrack. I've never seen anything like it. I called there last night, two of them come out, and that's -- I'm in the wrong place here. I don't need nobody putting their hands on me right now. I'm going for surgery here, and I don't know how they going to put me together, but it's going to be hell to pay, I know that. But I need you to find out how he's getting paid. I think the county's paying this boy's rent. I'm pretty sure he's paying his rent. And if you go and turn left -- CHAIRMAN HENNING: I think the County Manager wrote down some notes. MR. THOMPSON: Yeah, but he's throwing them through the-- kids through the window out on Cypress. And the other night there was about 21 of them coming up there fighting. She swings the door, they all run in the house through the back of the house out to John Truck's place. CHAIRMAN HENNING: Thank you, Mr. Thomas. Thank you. MR. THOMPSON: She'll tell you a damn lie in a minute. She'll say there's nothing going on. But I blame the deputies for not searching. And I thank you and I apologize to you, Mr. Henning. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN HENNING: Thank you. County Manager, do you have anything for us today? MR. MUDD: Yes, sir, I do. Just as -- just as a notice to make sure that the board is aware. On April 15, 2008, the BCC has a Page 176 April 8-9, 2008 hearing on the 2006 cycle of the Growth Management Plan amendments. There's been a change of procedure whereby the Planning Commission, when it holds its transmittal hearings, it also goes back and checks the exhibits to make sure all the exhibits contain all the changes before it comes to the board, and that's kind of a result of -- to make sure that we don't have another Pebblebrooke-type incident. With that double-check issue though, it did -- it did lengthen the process that we have for the board. And right now you've -- we've got an advertised public hearing for the Board of County Commissioners for the 2006 cycle of the Growth Management Plan on April 15th. The only item on April 15th the board will hear that day is the particular petition on the Margood Park site of Goodland owned by Collier County, at which time, when the board finishes that particular issue, we would ask the board to continue the particular items, and we've got those rescheduled. But I just wanted to make sure that the board knew that the April 15th meeting, it might be all day on your calendar, will be a very short meeting in that particular regard. So I wanted to give you a heads-up on that particular item. And I'll make sure I get this memo that I got from our planning staff down to the board. I got it last night, so I just wanted to give you a heads-up. Next item -- and Commissioner Henning and I have talked about this a little bit. The board -- the commissioners received a memo from Mr. Varian on the 6th of March, and this has to do with his desire for some DSAC members to be part of the Floodplain Management Planning Committee. When the resolution was done for the Floodplain Management Committee for the board, it basically had some things to avoid any appearance of impropriety or conflicts of interest by public members should -- and the public should be involved, and it does have some Page 177 April 8-9, 2008 implications on local building and development industry. I will tell you that whenever there is a plan for the Floodplain Management Committee that comes forward and/or a resulting Land Development Code change proposed, both of those particular items do get to go to the DSAC prior to coming to the Board of County Commissioners. Personally, I see no reason why the board or the chairman can't answer this letter back that basically said a DSAC member would be okay, and we could change the resolution in order to do it. That only would help DSAC, the members ofDSAC, when they come together as a committee to understand the particular issues that are coming before them better because they had a member in that deliberation when they were going through it in the Floodplain Management Committee. So I will tell you, DSAC is already involved in the program, not directly with the Floodplain Management Committee. But if the board desires to have one or two DSAC members as part of that committee, we can make that happen, change the resolution and bring it back to the Board of County Commissioners, and I could draft a letter for the chairman's signature to answer this particular query from Mr. Varian. CHAIRMAN HENNING: Does anybody have a concern about what the County Manager is asking? (No response.) CHAIRMAN HENNING: Nope. So we want to go ahead and send a letter to him and invite whoever from DSAC to that floodplain management -- MR. MUDD: Yeah. Anywhere from one to -- anywhere from one to two members, whatever Mr. -- whichever DSAC decides they want to put in. That's no problem. We'll change the resolution and get it back to the board. The next item of really no consequence for the County Manager's agency, but I'm asking the board how they want the County Manager Page 178 April 8-9, 2008 to be engaged tomorrow during the County Attorney interviews. Do you want Leo and I here present for that or a member from our staff here for that, or do you want to handle that with your applicants in that particular regard? That's all. CHAIRMAN HENNING: Yeah. The statutes state that County Manager should be present for all meetings, but I don't know -- I don't know if we could deviate from that. I don't see any reason personally why you should be here. I know you have a lot of things to do. Commissioner Fiala? COMMISSIONER FIALA: It's a public meeting though. I would think that if you want to be there, you could be, right? MR. MUDD: Yes, ma'am. If we're going to have a representative here, I'll have the representative, Leo or a representative from my office in the back -- in the back of the room so that we're not so forefront on this issue. COMMISSIONER HALAS: I think it would be -- I'd feel more comfortable if we had somebody from your staff sitting back there. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: (Nods head.) MR. MUDD: That's all I have, sir. CHAIRMAN HENNING: Thank you. Mr. Weigel? MR. WEIGEL: Yes, thanks. Just one item. I'm coming to you pursuant to the Government in the Sunshine Law, section 286.01.1 (8), relating to asking for your advice for a closed session concerning strategies related to litigation expenditures or settlement on the case of Bonita Media Enterprises versus Collier County. With your permission we would schedule the closed session for a time certain, preferably 12 noon at the next meeting, the April 22nd meeting, with the opportunity for a County Attorney regular agenda item related to that item to come to be heard thereafter. Present at the meeting would be, of course, the Board of County Commissioners; the County Manager may be present; myself; Page 179 April 8-9, 2008 Jacqueline Hubbard, Assistant County Attorney; as well as potentially JeffKlatzkow, Chief Assistant County Attorney. And that would all be for next -- at the next meeting at 12 noon. With your permission, I'll place the notice in the record with the meeting today, and we would look forward to schedule that in the agenda. CHAIRMAN HENNING: I have no problem adding that to the agenda, the April 22nd. Commissioner Coletta doesn't, Commissioner Halas doesn't. COMMISSIONER FIALA: No, I don't either. CHAIRMAN HENNING: Commissioner Fiala doesn't. COMMISSIONER FIALA: I just didn't hear the name of the people. CHAIRMAN HENNING: Bonita Springs -- MR. WEIGEL: Bonita Media Enterprises. It's a code enforcement case that's been heard in both federal court and it's also placed in the Circuit Court. It has not come to final determination, but there has been an early determination relating to a preliminary injunction which has been held against Collier County. CHAIRMAN HENNING: David, would it be appropriate to have somebody from the code enforcement office there in case we have any questions? MR. WEIGEL: Well, it's a great idea, but, unfortunately, the law doesn't allow that. CHAIRMAN HENNING: Okay. Okay, great. So why -- yeah, we want to put that on the agenda for next week, next -- MR. WEIGEL: Next meeting. CHAIRMAN HENNING: -- or April 22nd. MR. WEIGEL: Will do. Thank you. That's it. CHAIRMAN HENNING: Okay, thank you. Commissioner Coletta? COMMISSIONER COLETT A: Yes, thank you. Page 180 April 8-9, 2008 One item I'd like to discuss, and that has to do with the BCC office disciplinary policy, item D, which is the very last one, decisions of the Executive Manager are final. All disciplinary decisions made by the Executive Manager are final. Employees have no appeal right under this procedure. I think that we need to revisit that. And I asked Scott Teach to look into it a little bit, and I'd like to bring this back for another agenda. Scott, could you give us a brief idea of the direction that you want to see if the commission would like us to go in? MR. TEACH: Certainly, Commissioner. Scott Teach with the County Attorney's Office. Commissioner Coletta had brought this to my attention, and the current disciplinary policy -- and pardon me. I've got a little bit of a cold. I'm struggling here -- doesn't allow for an appeal process for the employee staff working under the Executive Manager. And I have drafted a proposed policy which I could bring back for your consideration, but -- and I can give you a rough idea of what I'm suggesting or would be recommending at a future date. First of all, the policy that exists really wasn't a published policy or one that was given to staff. If you're going to have a policy, you need to provide it to staff. That has been done recently, and I think that's an appropriate thing to have in the future as a requirement of whatever policy the board directs. Secondly, ifthere is a proposed appeal policy -- we have a different situation than what we have under the County Manager's agency. We have employees who work for departments that are part of divisions, and they all answer to the County Manager. So you have a layer of appeal of the director, the division administrator, and up to the -- up to the County Manager. Here we have an Executive Manager who's hired by the board by contract, and that's the only layer of supervision, and that's the issue, Page 181 April 8-9, 2008 was the current policy allows the Executive Manager to have the final say on all matters involving suspensions or terminations. And I've received feedback from members of the board that they might wish to have a policy that would allow the employees some level of appeal. And so I would suggest that we have a similar policy but still separate from the County Manager's agency whereas employees who are probationary who have only been with the county, the Board of County Commissioners' office, six months or less, they're not entitled to appeal. They're probationary employees. That's pretty much a standard practice. But after they've been here six months and have proven themselves, then they would be eligible for an appeal process. If there was a recommendation by the Executive Manager to terminate or suspend, those employees could request in writing an opportunity to appeal that recommendation to terminate or suspend. The Executive Manager would contact the County Attorney's Office, and we would look into hiring a hearing officer, who would be a local attorney or someone who is registered with the Society of Human Resource, resource management, a professional human resources person, and they would listen to the employee's argument. County Attorney's Office would provide support and guidance to the Executive Manager, and then the hearing officer would make a final decision, and that would be it. That would be the layer of appeal. We would only do these for matters involving suspension and termination. Matters of performance evaluations are subjective, and I wouldn't recommend that those be appealable matters. There is a cost in doing it this way, and that's why I think that it should be reserved for suspensions and terminations. The hearing officer would only have a limited role. He could say I agree with the Executive Manager and I affirm the recommendations to terminate or suspend, I disagree, or they could modifY it and say, Page 182 April 8-9, 2008 you were recommending termination. Maybe a five-day suspension is appropriate, or something along those lines. So that would be the limited role of the hearing officer. And most importantly, if an employee chose to appeal, there would be no retaliation for engaging in the process. Now, two years ago when the disciplinary policy went forward, part of it that was suggested at the time was a section that I had worked with Mike Pettit to prepare what is called an equitable treatment in the workplace. Now, all the County Manager's policies apply to the employees except for two; the disciplinary policy and the commitment of fair treatment. And the commitment of fair treatment merely says that all the other policies out there will be applied fairly and evenly as to all the employees. As the policy under the Executive Manager currently is written, there is no commitment of fair treatment policy. I would suggest that we create one. I've already -- I created one a couple years ago actually, and then we sort of fold that in there giving some recourse to make sure that everyone's being treated evenly. And maybe we don't go -- maybe -- I would recommend that the board not go the course of a hearing officer because, like I said, there's an expense to it. But nevertheless, I think the important thing is that the employee gets an opportunity to first discuss the issues or problems, that she thinks, or he thinks, policies are not applied to them fairly and evenly with the Executive Manager, and then if that employee is not satisfied with that, then they sit down with -- they request a second communication appeal, and they sit down with their commissioner and the Executive Manager and the three of them identifY the problem and figure out whether it's being applied fairly and they resolve it right then and there and no more appeal from that matter. And that's just sort of how -- I've written something out in rough Page 183 April 8-9, 2008 draft, but that's what -- that's what my recommendation would be. And it would provide a level of comfort. Now, for example, there are some agencies such as the County Attorney's Office, where there is no right to appeal. We're all at-will employees, and somebody -- you know, David Weigel could say, Scott, this is your last day, and I'm gone at the end of the day. So I don't want to say that this policy currently exists, there's no basis for. But what I'm saying is that I think it's reasonable to pursue or investigate implementing an appeal policy, and I would be pleased to help the board in that regard. CHAIRMAN HENNING: Commissioner Halas, Commissioner Fiala. COMMISSIONER HALAS: I feel that all the employees, whether they fall under the guidelines of County Manager or the Board of Commissioners, need to fall under the guidelines of human resources. I really believe that human resources is there to protect the employee and to also give guidance to supervision in regards to any particular problem, and I'd like to see those employees -- I'd like to see us go in that direction to make sure that those employees are under the guidelines of human resources and do have a way of addressing their concerns and also having a way to appeal the process. So that is where I stand with this. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I pretty much agree. On this executive -- rather, number D, decisions of the Executive Manager are final, I don't ever even remember voting on that. That was not something I would ever consider voting for because I feel that everybody has to have the right to appeal. And if we did vote on that, then I certainly didn't see that. I feel that they should be able to appeal, and if they feel they can't go to the office manager and they can't go to us, they have to Page 184 April 8-9, 2008 have another avenue to go to. I always put myself in the place of the employee, and I would never want to have to just quit because I have nobody to go to. And maybe Commissioner Halas's suggestion is the very best because we don't want to be spending a lot of money, especially in these hard times, but we -- our people need some place to go. If they can't go to our office manager or they can't go to us, they must have some other avenue. And if that one doesn't work, then a final avenue maybe would be the County Attorney's Office or something. But I'm glad you brought this up. I think that's an important thing. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I might add that I really haven't made up my mind which would be the best way to go, and I'm not going to jump the gun on something that we're really just getting into. I'd like to hear both items brought back so we can weigh one against the other to see what's going to fit hand in hand for what we need in this office. MR. TEACH: I -- Commissioners, if it pleases the board, I could bring back maybe two scenarios, two different ways of doing it. One of the reasons, when this was originally set up, was that there was -- I believe -- and I wasn't involved in the drafting of Ms. Filson's contract. But I believe that there was a desire that since you were going to have your own employee under your -- under your control, that you wanted to have it separate and distinct from the County Manager's Agency, and that's why it was placed -- the supervision and discipline on the employees was taken totally out of the County Manager's Agency and placed under the Executive Manager's authority. But I do think that there could be a role for HR which really, even in the County Manager's agency, acts as a neutral outside to make sure that the process is fair. Page 185 April 8-9, 2008 I can envision maybe looking at this in another fashion so that maybe there's some sort of role just to make sure the process is fair, but I'd really -- what I've contemplated here with an outside hearing officer is probably the most neutral. But, again, not the most inexpensive way of doing things. But I could certainly bring back a couple different versions to the board and do a little bit more research on it if you'd like. CHAIRMAN HENNING: May I go next? COMMISSIONER HALAS: Sure. CHAIRMAN HENNING: What kind of policy does the County Attorney's Office have for its employees? MR. TEACH: Well, this is how the County Attorney's Office operates. We follow the great majority of the County Manager's practices and procedures, as do the employees in your office, and then we exclude the ones that the County Attorney specifically doesn't want to apply to our employees, and one of those is the appeal process. And the appeal -- for us we are all at-will employees, and we do not get any appeal from a recommended termination. CHAIRMAN HENNING: Well, if you're asking us to approve one policy, shouldn't we approve all policies when it comes to employees? MR. TEACH: The County Manager's policies, I believe, do not require the approval of the board. They're in the nature of administrative management and they're within his authority and domain under the Florida Statutes as well, I believe. CHAIRMAN HENNING: I think it says in the statutes something -- county employees hiring and firing practices shall be approved by the Board of County Commissioners. Mr. Weigel, we had this conversation before? MR. WEIGEL: I'm trying to remember in what context. CHAIRMAN HENNING: It's been a while, so am 1. It's about state statute that states about the county -- the county employees, the Page 186 April 8-9, 2008 policies of hiring and firing or discipline, I believe. I'm trying to research it right now -- shall be approved by the Board of County Commissioners. MR. WEIGEL: I don't recall that provision. But ultimately, we are all governed by the policies set by the board and, therefore, the manager's policies relative to the manager's employees are principally established by an application and course of the County Manager's statute and the ordinance which follows it almost precisely. And there is -- it is, in certain aspects, delegations of authority whereby the County Manager or the County Attorney themselves, their own performance is -- and evaluations are based upon how they're handling their employees and applying the policies of the board. But more particularly, back in the case of the board's office and the executive aides, the aides to the commissioners -- CHAIRMAN HENNING: Mr. Weigel, I found it. MR. WEIGEL: Okay. CHAIRMAN HENNING: Suspend, discharge, or remove any employee under the jurisdiction of the board -- the board pursuant to the procedure adopted by the board. I don't ever remember doing that, adopting any procedure for that, what is says in the statutes. Wouldn't this be a good time to clean it up? MR. WEIGEL: Well, I think you've done it, as I stated, by the policies that have been -- the board adopts policies neither by contract -- which in my case I am responsible for my office and for the employment of the office, which holds -- which keeps me solely responsible to you in how I handle the employees and everything -- every aspect of the office. That is how that has been addressed in regard to the County Attorney and County Attorney Office, County Attorney employees. But obviously, variations of this can be addressed specifically at Page 187 April 8-9, 2008 any point in time. I really would consider, I'll call it a change in policy or a clarification of policy. Whether it's County Manager, Board Office, or County Attorney Office. One of the problems I would mention that Scott Teach is talking about here is the fact that if, in fact, there was an appeal process utilizing the County Manager and HR and which popped over to an appeal to the County Manager, the County Manager, under the current processes that exist for his employees, would have the ability to tell an employee in the county -- in the board office, well, you're not suspended, you're going to stay there, regardless of whether it was a decision made by Ms. Filson, as executive officer, or even the desire of an individual commissioner. So there's been that separation at this point in time. It was not specifically addressed in the contract or a policy that came from the contract. But that's what we're, you know, endeavoring to talk about right now is, some separation is be important. CHAIRMAN HENNING: Right. Because we addressed it in the contract doesn't mean that it's lawful in the Florida law. It clearly says MR. WEIGEL: Okay. CHAIRMAN HENNING: -- suspend, discharge, and remove any employee under the jurisdiction of the board pursuant to the procedures adopted by the board. MR. WEIGEL: Right. CHAIRMAN HENNING: So when are we going to adopt those procedures? MR. TEACH: Well, Commissioner, I could actually go back. And I would imagine by resolution, this board previously adopted the County Manager's practices and procedures. I'm not going to stand here today and tell you that's the truth. But I could go back and see if that, in fact, was the case. MR. MUDD: I believe, Scott, if you look, you'll notice that Page 188 April 8-9,2008 there's a personnel ordinance that's been passed by the Board of County Commissioners that will basically give very broad guidance, and that very broad guidance has been detailed with the CMAs of the County Manager's Ordinance. MR. TEACH: That's correct. And Jean Merritt and I have discussed that at length previously. CHAIRMAN HENNING: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Yeah. No, I kind of think this item that we're talking was originally brought up to stand alone, and then we can talk to Scott Teach about the -- how to build into the other ones if it's necessary to bring that back. I think to roll them all together is going to be very, very difficult. CHAIRMAN HENNING: Yeah. And I think the County Manager and I will get together and he can point it out to me. Okay. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: So I think we have direction; is that right? Mr. Teach, you understand that we have direction? MR. TEACH: If you would like me to come back with a scenario of an appeal process for the BCC employees? CHAIRMAN HENNING: Yeah. I see Commissioner Coletta and Commissioner Fiala agreeing to that, and I do, too. Commissioner Halas has a question, and he also made a great recommendation. COMMISSIONER HALAS: Yeah. I still want to make sure that there's an appeal process whereby they can go down through HR. Those people are trained in that area, and I think that that needs to be the last resort for an appeal process. That's why we have HR people, because they're trained in that area, to address those issues. CHAIRMAN HENNING: Go ahead. COMMISSIONER COLETTA: I have no problem with hearing both options, but to try to draw a final scenario now and say you don't want to hear the other one, I don't think is doing justice to the process. Page 189 April 8-9, 2008 COMMISSIONER HALAS: No. Well, give him two areas to work on, and we'll discuss it when it comes back. COMMISSIONER COLETTA: That's right, with an open mind. COMMISSIONER HALAS: Right. CHAIRMAN HENNING: Is there anything else, Commissioner Coletta? COMMISSIONER COLETTA: No. I think I've done my share. CHAIRMAN HENNING: Great, thank you. MR. TEACH: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just wanted to let you know that at the next meeting I'm hoping that -- and Mr. Mudd as well -- that we would be able to contain the meeting all in one day, but if not, I won't be able to attend the meeting the following morning, which is the 23rd. So anything that needs a four vote or anything, please, I would need to do it on Tuesday the 22nd. Thank you. CHAIRMAN HENNING: Anything else? COMMISSIONER FIALA: No. CHAIRMAN HENNING: Well, I appreciate the board's assistance, my colleagues' assistance in keeping me straight from the left and right, who's on my left and who's on my right. But I just want to point out that one of the member's name is bigger than the other, and so I can just guess who created the assistance for me, but I appreciate it. COMMISSIONER FIALA: You've done a good job. Thank you, by the way. CHAIRMAN HENNING: Thank you. Also one other thing, Commissioners. The -- the Golden Gate Community Center Advisory Board asked to extend the appointments, I forget how many years. It's two years now, but I -- MS. FILSON: I think they wanted to go three years and add one alternate and change the name of the committee. I think it's now Page 190 April 8-9, 2008 Golden Gate Community Center Advisory Committee. They wanted to be Golden Gate Community Center Advisory Board. CHAIRMAN HENNING: Right. And actually, I think we need to follow the ordinance. It's an MSTU, Golden Gate Community Advisory Board -- MS. FILSON: It's committee now. They want to change it to board. I'm not sure what the ordinance says, but I can go back and look at it. CHAIRMAN HENNING: Okay. But the other thing in there, their supervisor resigned, community center supervisor resigned, and in the ordinance it allows for the board members, committee members, whatever you want to call it today, to appoint or make recommendations to appoint. There is one qualification for that supervisor, they must live within the taxing district. And what the committee or board is asking is to have a little bit of flexibility to allow them to waive that requirement in order to get a -- the best applicant for a supervisor or best supervisor to manage the community center. And I was just going to ask my colleagues if they have any problem giving direction to place that in the ordinance as we're going to consider -- consider amending that ordinance. Yes? COMMISSIONER FIALA: So do you agree with that? This is your district. CHAIRMAN HENNING: Yeah. No, I think it's great. You always want latitude if you can. COMMISSIONER FIALA: If you feel it's good, then great. COMMISSIONER COLETTA: Best form of local government going. Of course I agree. COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: That's all I have. We're not going to adjourn the meeting. We're going to continue the meeting. But then I want to go to Commissioner Halas. Do you have anything? Page 191 April 8-9, 2008 COMMISSIONER HALAS: No, I don't. Thank you very much. CHAIRMAN HENNING: Okay. So the meeting will be continued to nine o'clock. MR. MUDD: Eight o'clock, sir. MS. FILSON: Actually eight o'clock for the coffee. MR. MUDD: Eight clock, sir, you have a coffee social with the candidates here, so you really do have a meeting, and it's advertised that way. CHAIRMAN HENNING: Oh, it is advertised in this room? It has to be in this room. MS. FILSON: No. It's advertised for our BCC Conference Room. CHAIRMAN HENNING: Okay. MR. MUDD: But that's open to the public. If people show up they can go into the conference room. MS. FILSON: That's correct. CHAIRMAN HENNING: Right. COMMISSIONER FIALA: Would you like me to bake something? CHAIRMAN HENNING: Yeah, I think that's a great idea and-- MS. FILSON: Anything over 25 they don't get anything to eat. CHAIRMAN HENNING: Okay. Ages over 25 you don't get anything to eat, Mrs. Filson said. So we're recessed until eight a.m. tomorrow morning in the BCC's Conference Room. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:05 p.m. Page 192 April 8-9, 2008 (The Collier County Board of Commissioners reconvened on their second day of meeting, April 9, 2008 at 9:00 a.m.) Candidates: Gary Glassman Jeff Klatzkow Tom Spencer John Turner Also Present: Andrea Sims, Waters-Oldani Executive Recruitment Sue Filson, BCC Executive Manager Item #9 A APPLICANT INTERVIEWS BY BOARD OF COUNTY COMMISSIONERS FOR THE 5 FINALISTS FOR THE COUNTY ATTORNEY POSITION MOTION FOR THE STAFF OF W A TERS-OLDANTI TO WORK WITH THE BCC OFFICE TO CREATE A CONTRACT AND TO OFFER THE COUNTY A TTORNEY'S POSITION TO JEFF KLA TZKOW - APPROVED CHAIRMAN HENNING: Well, good morning. Welcome back to the Board of County Commissioners, continuation of the April 8th Meeting. Before we get to Item 9-A, I want to ask my colleagues about April 22nd, our next meeting, and try to accommodate your schedules or any particular issues with your -- your -- within your district. I just want to make sure that April 22nd -- we know that Commissioner Fiala is not going to be able to be with us on the 23rd. We do have a busy schedule, so I wanted to make sure that we get the supermajority Page 193 April 8-9, 2008 issues covered and your district issues covered on the 22nd. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Is there anybody else that we need to accommodate? COMMISSIONER HALAS: No. COMMISSIONER COYLE: Not that I'm aware of. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I do book those mornings. I think there might be one exception for the year. I don't believe that's the one. CHAIRMAN HENNING: Why don't you go ahead and check. I know Commissioner Fiala wants to say something before we get started also. COMMISSIONER FIALA: Yes. At the last Productivity Committee meeting, let's see, they wanted me to ask the Board of County Commissioners to conduct a study regarding what would happen to ad valorem if impact fees were to -- they wanted to know if we would direct them to conduct a study, or even if we would want to. And so they asked if I would ask you folks if we could -- if we would like to direct them to conduct such a study. CHAIRMAN HENNING: And this is in anticipation of any legislation that might -- might happen? COMMISSIONER FIALA: Might eliminate or reduce impact fees. So it was a topic of discussion at the Productivity Committee. COMMISSIONER HALAS: Actually, we probably can't get anything accomplished until after the legislature is out of session -- COMMISSIONER FIALA: Right. COMMISSIONER HALAS: -- because, at the lIth hour, there's still a chance of passing bills. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I agree with Commissioner Halas with the exception that it would be useful to have this information if Page 194 April 8-9, 2008 we wanted to try to defeat one of those bills. CHAIRMAN HENNING: Absolutely. COMMISSIONER COYLE: So if -- if we -- we provide the information -- and, admittedly, it's a slim chance. They're going to do what they want to do, not what we ask them to do. But I think we need to define it a little more clearly based upon what bills are currently judged to be the most likely; otherwise, they're going to be just chasing their tail. But, yeah, I wouldn't mind trying to craft a directive to ask them to do that, if we can define which bills we would like to take a look at. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think the one that we really need to keep a strong eye on -- and that's the Taber bill. If that passes, it's going to have devastating effects, not only for this county but for the state. So I would think that finding out where that lies and where the track is going to be -- if that's going to get passed, that's probably the most important legislation that could possibly come out of this seSSIOn. CHAIRMAN HENNING: Yeah. Well, the Taber bill, Commissioner, is going to be a valid question in November. I think we have plenty of time on that one. I believe the question is -- is impact fees; and generally, if they're reduced or restricted or they're eliminated, what would it cost the general public. COMMISSIONER FIALA: Right, and that's it. And the reason they're asking for our approval, if we -- if we want to give that, is because, right now, that is not the direction that they've been charged with. And in order to move in -- in that direction at all, they need our direction. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. On a separate note, in the very near future, you're going to have a couple of individuals coming forward to ask about putting on the ballot a straw ballot to see if the Page 195 April 8-9, 2008 public would be agreeable to doing away with impact fees or modifYing them. And I just -- just as a point of discussion that I wanted to get out there, just so, when the day does come, you see it in the public petitions, you know something about it. CHAIRMAN HENNING: Well, I'm anxious about that. I agree with Commissioner Coyle. I think it's worthy to have that information ahead of time. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. Just to follow up, you're right that it's going to be -- that the Taber issue will probably go on the ballot. But anytime there's a tax cut, people really don't care. They're going to vote for it. So I think we need to make sure that they have a full understanding of what's going to be involved in this. So I think that, not only do we need to have the productivity group look at the possibility of impact fees or any other taxes that may be rolled back, but we also have to make sure that they have an understanding of what the -- the outcome could be of the Taber bill. CHAIRMAN HENNING: Commissioner, I don't disagree with you. My only point is, we don't know how that's going to come, if it's going to be on the November ballot. The only comment that I'm making is, you have plenty of time to address that Taber bill if it is -- if it is passed by the constitutional commission -- taxation commISSIOn. Commissioner Coyle? COMMISSIONER COYLE: If you don't mind, Mr. Chairman, let me try to phrase this into a motion that we -- we ask the Productivity Committee to -- to -- to work with the County Manager's Office to define those bills that are most likely to be introduced and evaluate their relative impacts on our revenue structure. COMMISSIONER HALAS: You're making a motion then? COMMISSIONER COYLE: Yeah. That is my motion. Page 196 April 8-9, 2008 COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: Okay. On -- on any -- any bill-- COMMISSIONER COYLE: Yeah, any -- CHAIRMAN HENNING: -- regarding taxes or fees? COMMISSIONER COYLE: Yes, any bill that would -- would impact revenue sources for county government. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Whether it's impact fees or some other -- other bill. CHAIRMAN HENNING: Legislators, correct? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Does that -- does that fit? Is there -- do we need any more discussion? COMMISSIONER FIALA: No, that's perfect. COMMISSIONER COYLE: I think that's fine. CHAIRMAN HENNING: So there's a motion by Commissioner Coyle, seconded by Commissioner Halas to ask the Productivity Committee to study any likely bills by the legislators on the issues of taxation or fees? COMMISSIONER COYLE: Actually, revenue sources. CHAIRMAN HENNING: Revenue sources that may come out of the 2008 -- COMMISSIONER COYLE: Legislation. CHAIRMAN HENNING: --legislation. Okay. Any further discussion? All in favor of the motion signifY by saying "aye." COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No commissioners responded.) Page 197 April 8-9, 2008 CHAIRMAN HENNING: Motion carries unanimously. Now, do we want to get back -- I'm sorry. COMMISSIONER FIALA: Leo, you'll pass this on to Mike Sheffield? MR. OCHS: Yes, ma'am. COMMISSIONER COYLE: Going back to your original question for the 23rd of April, I -- I plan to be here. CHAIRMAN HENNING: Okay. So we'll-- we'll have -- so we're -- what we'll do, we'll -- on the 22nd, we'll address those supermajority issues and Commissioner Fiala's district issues. Okay? COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Okay. I think we're all set, and we're ready to move on to Item 9- A. Miss Sims, are you going to present? MS. SIMS: Yes, I am. And, first of all, thank you for, again, having our organization do this search. As you know, this has been a very exhausting search for the candidates as well as you-all, and you-all have quite a bit of information. Everyone has been very well read. Instead of five candidates, we're presenting four very strong candidates; and we're pleased to do so. Just a couple of items, logistically, for you. You've had a chance to meet all the candidates this morning, so I hope that you got a chance to speak to everyone. The other item is that I've given you copies of suggested interview questions. And, as we had spoken at one of the earlier meetings, this is a guide for you to use. If you want to consistently skip a question, that's perfectly okay, if you choose to consistently skip a question for each of the candidates. In addition, if, as a result of the questions that you ask, a candidate ask -- answers and you want to probe, that's perfectly appropriate. The questions you have, they're -- there are four sets so that you can take notes on each candidate. If you could just put a note with the name of the candidate so that you'll be able to keep up -- you know, Page 198 April 8-9,2008 sorry about those logistics. The last item is, there was a question on the scoring sheet. The scoring sheet had been approved at an earlier meeting, and there was a question as to whether you wanted to add the -- a miscellaneous category on the scoring sheet. And, you know, I need you -- I need the consensus from you-all if you want to add -- consent -- a miscellaneous category. If that's the case, then we would adjust-- adjust one of the percentages to accommodate that. CHAIRMAN HENNING: Commissioner Coyle? We'll move down the line. COMMISSIONER COYLE: Okay. I would prefer not to make any changes at this point in time. I -- I believe that if -- if we have miscellaneous questions, that the answers should be able to be categorized into the four categories that we've already established: management, growth management procedures; land use; law experience; and litigation experience. I -- I think any -- any miscellaneous question that we ask can be scored under any of those categories. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I believe the same. I also have the same concerns. I'd like to keep the scoring sheet as less complicated as possible. And I think it would be -- I think what it would do is just kind of clutter things up and make it maybe even more difficult -- CHAIRMAN HENNING: Commissioner-- COMMISSIONER HALAS: -- to come to a conclusion. Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: The score sheet is fine for me. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'm fine with it. CHAIRMAN HENNING: Okay. We're going to go with it then. Page 199 April 8-9, 2008 MS. SIMS: Okay, that's fine. And I neglected to mention the names of the candidates, so I will do so. And I'm doing it in alphabetical order: Gary Glassman from the City of Tampa; Jeff Klatzkow from Collier County; John Turner from Lee County-- MR. SPENCER: Tom Spencer. MS. SIMS: And Tom Spencer. I'm sorry. This is Tom Spencer. MR. SPENCER: Good morning, everybody. MS. SIMS: I apologize. I did not have your name on my cheat sheet. And I don't know how -- why -- how I did that. But that was clearly a mistake. And I wanted to make sure that there were no questions for me before you get started with the formal part of the process. CHAIRMAN HENNING: Yeah. The scoring sheet, is that a 1 to 10? MS. SIMS: I'm sorry. There are -- for the scoring sheet, under Management, there is zero to 30 points. CHAIRMAN HENNING: Okay. MS. SIMS: It's-- CHAIRMAN HENNING: Great, you answered my question. MS. SIMS: You know, based on the percentages, uh-huh. CHAIRMAN HENNING: Now, the zero being the lowest and 30 being the highest? MS. SIMS: Uh-huh. COMMISSIONER COYLE: Yeah, we had that problem once upon a time, didn't we? CHAIRMAN HENNING: Well, I just wanted to make sure that we -- MS. SIMS: Sure. Sure. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Before we get started off, I just wanted to say thank you to you and your firm for going through this process. And I feel that you did bring forth some very, very good Page 200 April 8-9, 2008 candidates. Thank you for everything. I know that it was trying times at times; but I think overall we've -- we've come to this day today. And I believe that we're going to find a very good candidate to serve us here in Collier County. MS. SIMS: Well, thank you very much for the opportunity. CHAIRMAN HENNING: Other -- other questions? Would you recommend that we proceed with each category and -- and go down the line? MS. SIMS: I would recommend that you, you know, proceed at least with the first couple of questions from each category. And, you know, you, being the Chair, could start this off. You know, this is a little bit unusual, as you-all know, to have it in this fashion. But, again, you know, that was the recommended process. So I would suggest that you work with the, you know, initial category so that it will be as smooth as possible. CHAIRMAN HENNING: Right. And then go to each commissioner in that particular category? MS. SIMS: Uh-huh. CHAIRMAN HENNING: And we go ladies first? COMMISSIONER FIALA: It doesn't make any difference. MS. SIMS: That's a wonderful way to do it, if you are comfortable with it. Or you, as the Chair, could choose to start things off. CHAIRMAN HENNING: Okay. Please proceed. Is there anything else? MS. SIMS: That is it for me. If you have questions for me, please feel free. I am here with you through the rest of the process and will help, at the end, you to come to closure on the next steps. CHAIRMAN HENNING: Okay. MS. SIMS: Thanks. CHAIRMAN HENNING: Should we not have a self introduction, self background from each of the candidates prior to? Page 201 April 8-9, 2008 MS. SIMS: I always like to have that, because it gives them a chance to make themselves feel comfortable and remind everyone of the high points in their background. CHAIRMAN HENNING: Okay. Do we want to limit that to-- MS. SIMS: Two minutes. CHAIRMAN HENNING: -- five minutes? MS. SIMS: Two. These are attorneys. MR. TURNER: To the point. MS. SIMS: And that's going to be my only lawyer joke today. COMMISSIONER COYLE: How about three -- how about one minute? Why don't we compromise? Three. CHAIRMAN HENNING: Three minutes? COMMISSIONER COYLE: Yeah, three. That's fair. CHAIRMAN HENNING: So we will start with Mr. Glassman and work our way to our right, your left. So if you'd just give us a brief background of -- of who you are and your experience. MR. GLASSMAN: Okay. Thank you. Good morning. My name is Gary Glassman, and currently I am a senior assistant city attorney for the City of Tampa. The majority of the work that I do is in litigation; land use; inverse; Section -- what we call Section 1983, the civil-rights type litigation; environmental. Just about all types of litigation that the city has, I do for the city. In addition, I supervise several of the attorneys, especially some of the litigators. And I also work with a number of the departments, including the human resources department, the audit department, and several others as well. So it's a -- it's a busy job. Before coming to Tampa, I was an assistant County Attorney for Orange County, which is Orlando. And there again, most of the work that I did was in litigation, land use again. But, also, I had some supervisory duties with some of the other attorneys and worked with several of the departments, including risk management, the corrections department, and several others. Page 202 April 8-9, 2008 And I thank you for being here, and I'll try to keep it under three minutes. CHAIRMAN HENNING: You did. MR. GLASSMAN: Good. CHAIRMAN HENNING: Mr. Klatzkow? MR. KLATZKOW: Jeff Klatzkow, currently Chief Assistant County Attorney, working these days out of the Horseshoe office where I manage the office, two attorneys, two admins. I work primarily with land use these days, some litigation, impact fees. But I'm called upon for various projects along the way and will take care of that. Before that, I was group vice president for Cendant Corporation (phonetic). Cendant Corporation at that time was a Fortune 100 company. We had one out of every four hotel beds in the country, including Days Inn; and Super Eight; and Howard Johnson; and eight or ten other chains. At that capacity, I basically did two things: I negotiated deals, entered into contracts for hotels, and for small chains; as well as I did some litigation and management on occasion, which took me all across the country. Before that, I was assistant general counsel for Carvel Corporation. Over the years there, I was a litigator; I wrote the contracts; I negotiated the contracts; I terminated the contracts. It was a cradle-to-grave kind of job at one point in time. I managed litigation, managed the office for a while. We had a couple of attorneys, a couple of admins. And before that I was in private practice shortly, where I did eminent domain work. And before that was a long time ago, and I barely remember it. So I think I'll stop there. CHAIRMAN HENNING: Okay. Complete? MR. KLATZKOW: Uh-huh. CHAIRMAN HENNING: Mr. Spencer? MR. SPENCER: Thank you. Good morning. My name is Page 203 April 8-9,2008 Thomas Spencer. I am currently board certified in city, county, and local government law. I have been previously board certified in civil trial law in the state of Florida. By way of history, I have, in round numbers, 30 years of experience representing state, city, and county governments. I was a special attorney general for the State of Michigan from 1980 through 1992. I currently am employed as the -- as a managing assistant County Attorney for Pine lIas County. Pinellas County does not have a chief assistant County Attorney at this time. Instead, it has four managers and a County Attorney. The organizational chart has been provided to you so that you can see the respective assignments of the managers within the County Attorney's office. My management experience is by way of a collective presently with the County Attorney's office. We manage by a management team of the managers and the County Attorney. Prior to coming to Pinellas County, I was general counsel for a number of Florida land development corporations. In addition, prior to that, I was general counsel to an international productivity efficiency company. And before that I was an assistant County Attorney with Lee County. My work has been largely litigation; however, it has also been managerial in the sense of managing outside counsel and business affairs, litigation affairs, corporate affairs, trademark, things of that nature as well. So I've worked on both sides of the fences of -- of government in terms of representing developers as well as defending and working with developers in land-use matters. Bottom line is -- is that presently I manage or undertake all the major litigation for Pine lIas County, regardless of which department it comes from; so I'm not limited to any particular area of litigation. And, as a result, it does demand that we have the ability to learn any given subject at any given time. And that's what I offer and bring to Page 204 April 8-9, 2008 the table with this candidacy. CHAIRMAN HENNING: Thank you. MR. SPENCER: You're welcome. CHAIRMAN HENNING: Mr. Turner? MR. TURNER: Good morning, Mr. Chairman, members of the Board of County Commissioners for Collier County. My name is John Turner, and it is an honor to be here today with this group of candidates. Thank you for this opportunity. I am presently an assistant County Attorney with Lee County, Florida, in the trial section. I have -- it's been my privilege to work for the Lee County Attorney's office for 17 years. It is a wonderful place to work. It is a -- an office composed of the highest-caliber attorneys that I've had the pleasure of dealing with, in addition to the attorneys in Collier County and this part of the state, and for the whole state. The staff and the attorneys in the office are of high integrity and extremely competent. I have learned a lot in my 17 years. During those 17 years, I have handled a variety of cases, some major cases on behalf of the county, defending the county in major land-use cases, representing the county in eminent domain cases involving expansion of major thoroughfares in the county. Of course, Lee County experienced the same thing Collier County did with its -- its growth and the need for infrastructure, which we provided through roads, sewers, and utilities. Also, I've handled cases for the Southwest Florida International Airport; the Lee County Port Authority; cases involving civil rights claims; cases involving equal protection claims; cases involving substantive due process claims, which I won't bore you with the details, but they are constitutional claims. I've also represented the county in cases involving other governmental entities, such as cases -- defending a case brought by the City of Sanibel over construction of the Lee County causeway that connects the island with the mainland of Lee County. I've also been involved in cases with the City of Cape Coral Page 205 April 8-9, 2008 and expansion of the city through its annexation rights. My -- my primary focus in trial work is dealing with our staff and from -- everyone from the Department of Transportation to the Port Authority to risk management, which are cases we have to deal with in personal injury work that I do for the county. I also deal with the workers' compensation defense work now for the county. So I'm experienced in all aspects of the county government as well as the zoning and working with the community developments. Prior to coming to Lee County, I was in private practice in Tulsa, Oklahoma, with a firm doing private work primarily in the areas of business and trial work. And then prior to private practice in Tulsa I was also a judge for the municipal court in the City of Tulsa, which is a court of record. CHAIRMAN HENNING: Thank you, Mr. Turner. MR. TURNER: Thank you. CHAIRMAN HENNING: Commissioner Fiala, do you want to start out in the category of management? COMMISSIONER FIALA: Yes, I will. If you don't mind, I'm not going to use the questions, though, that are provided. I would just like to ask -- and we can start wherever. We could start at the beginning again. What do you feel -- could you name five of your strongest management skills. MR. GLASSMAN: Okay. Well, let's see. I would say the first one would be that in -- in terms of the employees in the office, I think that they are extraordinarily valuable. That's probably an underestimate, because, without them, you can't -- you can't proceed. So my view has always been to try to bring in the employees to do as much as possible. For example, in the area of litigation, we have several younger attorneys in the office who have maybe two or three years' experience in litigation. And I have brought them into the cases that I try, not just Page 206 April 8-9, 2008 to sit there, but to actively participate. We call that being a second chair. But it's not just being a chair. It's being somebody who gets up and does opening statements; closing arguments; questions witnesses; argues to the judge on certain motions. And I think that that helps to develop some of the younger attorneys' skills. Too often, I think we sort of leave them in the back and don't give them what they need. So I would say first, most important to me, is to involve all of the attorneys in whatever area it is. If it's litigation, bring them in. Don't just assign them what we call the "grunt work" to do; but get them in and doing the cases. They'll make mistakes. But I've got to tell you, surprise, I made a few, too, when I was a younger attorney. And that's the way you learn. So that, to me, is a very important thing to do, is to involve the people in the office. The other thing is -- and I see this -- I saw this in Orange County, and I see it in the City of Tampa -- is keeping the attorneys motivated. Sometimes they -- they sort of sit back, and they lose some of that motivation. And there are various reasons for that. And some of that, quite frankly, can be money. But again, let's be honest, I know in the City of Tampa we are -- we're up against a difficult situation there. So you have to find ways to motivate the attorneys. And what I've tried to do with some of the people that I supervise is to involve them not just in the office but involve them in the departments that they represent, to have them feel as though they are really the general counsel for that particular department, whichever it may be. They go to the meetings of that department; they meet the people; they learn about them; they learn the process. Give them a feel for what's going on in that department to make it their own, something that they can -- they can have, and they can say, "This is my department." I remember when I was working at Orange County, I represented the fire department. And when I'd be out with my daughter, we'd see these fire trucks go by. And I would say, "There are my fire trucks, Page 207 April 8-9, 2008 Caitlyn." She'd laugh, of course, to make fun of me. But that -- that's the feeling you want them to have. You want them to get the feeling of, "That is my fire truck. I represent not just those people but that fire truck. " I think also a way to keep motivating attorneys is to show them the bigger picture. Sometimes they seem to say, "Well, I'm stuck in this job, and I've got no place I can go." I don't think that that should be the case. I think you should look at motivating attorneys to see that there is a bigger picture in their life as well. They're not always going to be assistant County Attorneys or assistant city attorneys. You try to get them to understand that some day is -- when I'm retired and sitting back, I want to see all of them as County Attorneys or assistant -- or city attorneys or whatever, to -- involved in their lives a little bit -- not to get too deeply involved, that's not my job, but to see the bigger picture and help them understand. Overall, I would say that, without delineating them one through five, I would say the most important things to me are to work with your staff; to motivate them; to -- to get them to see the bigger picture; and to get them to take some ownership of the jobs that they have. COMMISSIONER FIALA: Thank you. Jeff? MR. KLA TZKOW: I don't tolerate poor performance. One of the things that strikes me about county work compared to corporate work is that we tolerate poor performance here; and there's no accountability. And for attorneys, in my mind, that's inexcusable. We're a profession. And I think that's a problem we have in this office, quite frankly. I work hard. I care about what I do. I expect the people I work with to work hard and care about what they do. I tend to be blunt. If somebody's not doing their job, I'll tell them, "You're not doing your job." I will tell people what I expect of them. I'll put it in writing. IfI don't get that, I will sit them down. If I have to, I write them up. We're here to do ajob. We're here to do our best for this board. Page 208 April 8-9, 2008 And when you don't expect the best of people, what you have is a handful of attorneys doing the bulk of the work in the office. And after a while, that gets old. And after a while, that just starts eating at the morale of everybody else. Quite frankly, I don't know why anybody would want to be an assistant County Attorney for 10 or 15 years. My expectation for this office is to bring in good people, train them, get to the point where this office will be noted as the best local law -- local government law office in Southwest Florida, and, at that point in time, have people being cherry picked out of the office. You won't have a good County Attorney's office until you start losing people to outside counsel on a regular basis. When that happens, when your biggest problem is retaining your in-house staff because other people want them, then you will know that you have a quality County Attorney's office. Having people around for 10, 15, 20 years sometimes is because of loyalty; sometimes it's because they've got no other place to go. You don't want anybody in your office who nobody else wants, quite frankly. There's nothing there. So my other style would be to, quite frankly, either try to get them reinvigorated or, ifnot, move them out of the office so that other people can come in, younger people can come in, more experienced people can come in who want to do the work, who want to be here. I don't have a touchy-feely type of management style. I don't believe we're here to be socializing. I don't -- I think there's a difference between work -- I think there's a difference between our outside lives. And while we're here, I expect the best out of myself, and I expect the best out of everybody around me. And, quite frankly, that's my management style. COMMISSIONER FIALA: Thank you. MR. SPENCER: May I have the question again? COMMISSIONER FIALA: Certainly. Just if you could name five things that you feel are your strongest assets in management style. Page 209 April 8-9, 2008 MR. SPENCER: I thought that's what you asked. First of all, I'm going to list the first three, but they all become part as one: integrity; honesty; accountability. There are many, many times when the work I've done in the public sector has challenged me in ways that I never dreamt, where I had to make hard decisions based upon sound principles that serve the public interest. And that's a tough job; and it requires integrity, honesty, and accountability. I am responsible for every decision I make. I am responsible for every word I utter to the Court and to the governing body that represents the public. I inculcate that with my staff. If they keep in mind the public interest and benefit at all times, then the county commission or a city council, for that matter, will be well served. So that's the foremost principle that I maintain as a manager. In terms of day-to-day management, I plan -- I'm sorry -- I manage by goal, which requires that you develop an identification of the goals. You must create a plan to achieve those goals. You must implement that plan. And then you must evaluate whether the plan is being achieved, the goals are being achieved. And you must reevaluate. And that's how I do it on a day-to-day basis. How do I accomplish that? Law offices are intensely capitalized by people as opposed to assets and machinery. And so, therefore, you must invest in the people that carry forward the mission. And that means you must train where they're not trained; and you must mentor where they need the experience of common sense and good judgment and wisdom. And that's what I bring to the table. I learn after a while whether or not staff has acquired that training and the mentoring; and then I delegate it and allow them to be creative. I'm mindful that poor morale can destroy even the best office; and so I don't bring to the table a big stick to club people with. If people have shortcomings, I identifY them; if they have strengths, I identifY them. I exploit their strengths; and I minimize the responsibilities that I give to them when it relates to their Page 210 April 8-9,2008 shortcomings. Every one of us has strengths; and every one of us has shortcomings. So I think that the best way to deal with people is to take advantage of their creativity and their strengths. And by doing that, your morale usually follows along quite well. And so I think that I offer a pretty strong comparison to what Mr. Klatzkow just offered you. Thank you. CHAIRMAN HENNING: Thank you. Mr. Turner, I believe Commissioner Fiala has a question. COMMISSIONER FIALA: Same question. MR. TURNER: All righty. Thank you. On management styles and five important aspects of it, I think it kind of all blends together with what the other candidates have been saying. I'll try to phrase it a little differently. In a law-office setting for county government or municipal governments, it's -- it's more like a corporate-run office; in other words, all are different sections. We have a product that we have to produce for the board. We have to get that product together, complete the project, and submit it to our client for action. So that's our goal. We're here for the board; and we have to work with the staff to get the product out. Now, how do you do that? Well, you have to have, first of all, skilled people in the right positions. They have to be well trained. And you have to be open and direct with them so that you can help them; and, in turn, they can help you; and you can all get the product to the board. And that's what it's all about. I think my management style is trying to be open and accessible. I try to work closely with all my colleagues and work very closely with the board and with staff. I try to work out any problems, work out any differences, and make myself available. I do have -- and this is in connection with my work -- definite time constraints and goals that have to be met. Courts expect you to have certain things done by certain times. And if you're not completed by the times, your client's Page 211 April 8-9,2008 going to suffer. That is not acceptable. Everything has to be prepared in advance; and it has to be done as -- as professionally as possible. So I expect that from the people I work with; and that's what I get from the people I work with. Thank you. CHAIRMAN HENNING: Thank you. Commissioners, I have a question on one of the attorneys' responses that Commissioner Fiala asked. Does anybody have an objection ifI just get a clarification? COMMISSIONER FIALA: No. CHAIRMAN HENNING: Mr. Spencer, you stated that you're going to run your office with integrity. Did you mean -- MR. SPENCER: I'm sorry? CHAIRMAN HENNING: You -- you mentioned that your office -- how you are is you expect yourself to be high integrity. MR. SPENCER: I lead by example, and I do manage my office that way. I expect integrity, honesty, and accountability from everybody I manage. CHAIRMAN HENNING: Okay. What happens if you find somebody who doesn't uphold to your standards of integrity? MR. SPENCER: Integrity is a character flaw if you don't have it; therefore, I won't keep them around. CHAIRMAN HENNING: Okay. Who wants to go next? Management questions? Commissioner Coletta? COMMISSIONER COLETTA: Why don't we skip and keep rotating down. We'll start with Mr. Klatzkow and work across, and come back to you last, since you went first. What is the most difficult management situation with which you have had to deal with in your career? MR. KLATZKOW: The most difficult management decision I had in my career was, I had a young woman who -- this goes back to my Carvel days. I had a young woman who wasn't performing well and wasn't taking criticism well. She had been working in a different Page 212 April 8-9, 2008 part of the corporation. It didn't work out there, transferred to me, and, quite frankly, wasn't working out with me either. The problem was that she felt that criticism was because she was a woman rather than because of her, quite frankly, lack of skill in the area. And so you had to manage that knowing that the last thing you want is an employment complaint, but still that you needed to eventually manage her out of the office. What we did was, quite frankly, contact a headhunter, let this person have her resume. That resume was distributed, and she wound up getting a job somewhere else. And she was able to leave voluntarily, not knowing that it was us who had initiated the headhunting. That was probably my most difficult employee. COMMISSIONER COLETTA: Thank you. Mr. Spencer? MR. SPENCER: Commissioner Coletta, the most difficult management problem I think I ever encountered was trying to manage 60 different law firms spread all over the face of the earth who -- when we were charged with everything from business transactions to trademark to litigation in foreign jurisdictions. My impression when I started that journey was much of it could be done by telephone. I was proved wrong. I had to spend a considerable amount of time living on 747s to do the job, traveling worldwide with jet lag and associated stresses on health. I learned that trying to manage 60 law firms was like trying to herd 60 cats. And when you get into the culture, the -- the amazing thing is what we think as American businessmen about ourselves and how we're perceived are two different things. And -- especially when you're promoting business efficiency and economy, which is, I think, the hallmark of American industry. You get into foreign jurisdictions, and you suddenly find that judges are tilting tables against you. It's difficult to win when you're playing to the hometown crowd. Page 213 April 8-9, 2008 And the remarkable thing is -- is that it's very difficult to manage different attorneys with different cultural backgrounds. You would be absolutely astonished to -- to learn just how passive some attorneys are in some cultures and how aggressive they are in other cultures and how some of them are more like us in other cultures. For example, in Holland, the attorneys are very much businessmen type attorneys and very much like American corporate counsel. If you get into Australia and New Zealand, you find out that they have a very socialistic bent to them. It's a very difficult challenge to manage attorneys with a single business purpose when you have so many different languages and cultures and expectations. And so I thought that that was probably the hardest job I ever tried to perform in my life. It's taught me a lot about how to manage on a lesser scale where they all speak the same language and they come from largely the same state. COMMISSIONER COLETTA: Mr. Turner? MR. TURNER: Commissioner Coletta, I think we all agree, and probably Tom ifhe broke it down a little more, that the difficult management decisions we come into is that there are people in your office or surroundings that may not be performing up to your expectations, and what to do, how to do it, get HR involved, things of those natures. And we've all experienced that. But I think the most difficult one I've had to deal with was a number of years ago, when an employee was -- actually one of the best employees that we had in our group and the -- the employee was having a lot of problems, physical problems, problems at home. And this person wanted to do everything. He wanted to work hard in the office; and he wanted to work hard at home; and work hard to fight the illness. And having to deal with that, what to do about that, and how to help this person was the toughest that I've been involved with in my management by far. COMMISSIONER COLETTA: Thank you. Page 214 April 8-9, 2008 Mr. Glassman? MR. GLASSMAN: Yes, thank you. There's no doubt that the tough decisions in terms of management are -- to me, were people and having to fire people. It's easier, although not great, to -- to make a decision to terminate someone if they're not performing well or if they have some bad issues, bad attitudes. You do those because you have to; and you know that, and you go forward. But the toughest ones for me have been the more recent ones, the ones that have somewhat been imposed upon us by Tallahassee, which is to make determinations about who is going be let go from this office who's actually a good attorney; but because of budget cuts we are required to make some terminations. And there, you're not sitting with people who have done bad jobs; you're making determinations on people's lives that are based upon budget cuts. And while I don't fire people in the office, I do, because of my work with HR and because I am a senior assistant, work with the city attorney to make those determinations. And we've had to. We've had to let go of several attorneys who were good, well-performing attorneys; but yet those are the budget cuts. And I don't want to get into that debate at the moment. But because of those budget cuts, we've had to let go of fine attorneys. And that, to me, is always the most difficult one, is looking at a good attorney and saying, "You do a great job; we love you; we think you're a wonderful person and attorney; but you're fired." Just that's -- that's a tough thing to do. And that has been hard and not easy. We've done it and will continue to do it, because we're required to. But that's a tough decision to have to make. Thank you. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: Okay. Who's next? Commissioner Halas? COMMISSIONER HALAS: Yes. If you were to be selected as the next Collier County Attorney, how would you spend your first 90 Page 215 April 8-9, 2008 days? Please describe what you have learned from other transitions you have made. And I'd start this off with Tom Spencer. MR. SPENCER: The first thing that is apparent to me is that the reason I'm sitting here is that somewhere along the line a disconnect has occurred between an attorney who was the County Attorney, this commission, and the county administration, because somewhere along the line the goals and objectives that either are expressed or felt by this board were not being achieved. It's difficult to manage any situation unless you know what those goals and objectives are. And it doesn't require formal goal setting to accomplish that. But I think that the next County Attorney, whether that is me or somebody else, had better learn what those goals are from the individuals on this board, or the board collectively, and the county administration, which is also served by the board -- by the County Attorney's office. Once you know what those goals are, at least have an idea what they are, then I think you have to start developing a plan for implementation and evaluation. And that's going to require some feedback. So I think that the next thing that needs to be done is to identifY what kinds of feedback should be adopted so that the County Attorney has an idea of whether or not the plan is effective and the goals are being achieved. So the process I see in the next 60 to 100 days is an interview process with the commissioners, with county administration as -- as they see the goals, as well as how they see the County Attorney's office as it's cons -- constituted. Are the right people in the right place? Are they properly trained? Are their strengths being exploited and their weaknesses minimized? Is there integrity, honesty, and accountability, the things that are necessary for effective representation? That disconnect has -- has got to be addressed. And if it isn't Page 216 April 8-9, 2008 addressed, I think the next County Attorney will fail. So that is the point of beginning. The next thing to do is -- is -- is to sit down with the staff and discuss those goals and receive their input on how those goals can be achieved. I don't think any particular County Attorney is an answer. I think that it requires a County Attorney that can implement plans by working with the staff as a team and getting good feedback as to what the team thinks can be done within reason. I think at that point then, the next thing is to evaluate personnel. The biggest problem in all county government is complacency. I see more County Attorneys get in trouble because of complacency. I see county administrators get in trouble because of complacency. And so I think you have to take a look at whether or not complacency is a factor in this disconnect. That's going to require an intense review of the personnel and their performance in the past and some feedback from the commission and some feedback from county administration. I think that's the big challenge in the first 100 days for the next County Attorney. CHAIRMAN HENNING: Thank you. COMMISSIONER HALAS: John Turner? MR. TURNER: Commissioner Halas, thank you. I think the first 90 days, three months, being from the outside, three of us, that we're a little at a disadvantage, because I think we have some catching up to do. And we're going to have to do a lot -- a lot more homework. We're going to have to find out from the board what you want, what you expect, what you demand. We're going to have to figure out what's been wrong and how we can improve and how we can get you that product that I was talking about earlier, get it to you, get a more efficient, better manner presented to you, discuss what -- what your objectives are, what you want from the County Attorney's office. At the same time, we're going to have to be talking with the staff, the County Attorneys. They're well respected in the entire state. Page 217 April 8-9, 2008 They are -- they have a lot of integrity; they have a lot of experience. But it's going to take -- if you're from the outside, it's going to take a while to build up the trust that you need, that you have to have from staff, from your -- from your coworkers and from administration as well as other departments in the county. Also, at the same time, since this is a budget cycle coming up in -- starting in June, the new County Attorney is going to have to take a close look at the budget, because there are going to be expectations, I'm sure, of some reductions in the budget and where those reductions can occur. So the first 90 days, we're going to have to get with the board members and their staff; we're going to have to get with the county administrators and their staff; and then, also, of course, as important, get with, in-house, the attorneys in the County Attorney's office and look atthe budget. Thank you. COMMISSIONER HALAS: Mr. Glassman? MR. GLASSMAN: Thank you, sir. Yesterday, as I was getting ready to come down here, one of the attorneys in my office -- Tom knows him -- Justin Vaskey (phonetic), came in and said -- well, he knows I'm applying for this position. And he said, "Well, you have read the entire Collier County code, haven't you?" And I said, "No, I haven't." And he said, "Well, you're not going to get this job. Just, you know, don't even bother to go tomorrow. You're not going to get it if you haven't read the whole thing." And I thought, well, other than the fact that he was just trying to needle me a little bit, which was fine, it was a good question, because, obviously, coming from the outside, that's going to take a lot of time, is -- is to learn the -- sort of the basics: the code; where the buildings are; where the courthouse is; where the bathroom is; all of that stuff. And that's going to take some time. But I -- that's okay. Page 218 April 8-9, 2008 I think the more important part is doing what a lot of the others have said already, which is to sit down with each of the commissioners -- not together so that we don't violate any rules, but individually, and -- and find out about the problems of your individual districts; find out what it is that you're hoping to accomplish and what the role is for the County Attorney. I've -- I've seen Orange County, and I've seen the City of Tampa. And they view their attorneys very differently. Some see them as advisors, more -- beyond legal experience. I don't think that's the role that the County Attorney should play, but I think it's important to know exactly what role it is. In the City of Tampa, the city attorney has to advise the council as well as the mayor. And that doesn't always -- it's hard to do, because you've got two different groups who have different ideas and different agendas. So it's really, I think, as a first step, important to sit with each of the commissioners to understand what role you see and how I would see the role of County Attorney. After that, again, I think it's important to speak with department heads; find out what they do; how they operate; how they see the role of the County Attorney. What's their expectation? Is it something that I think is real? Is it possible? Is it not proper under the statutes? These things have to be determined and, I think, determined early on, so you don't run into some problems. Finally, I think as -- as has already been stated, you've got to sit with your staff, talk to them, find out are they happy, unhappy, are they happy in the work that they're doing. If not, are there going to be ways to resolve it; or is this just something that's not going to be resolvable? I think the first 90 days would be sort of like running around, as they say in the old cliche', like a chicken without a head. But it would be a lot of fun, a lot of fun. Thank you. COMMISSIONER HALAS: Jeff? Page 219 April 8-9, 2008 MR. KLATZKOW: I'm not sure how much fun it would be, but I tend to agree with what everybody has said here. I think it's important that the County Attorney speak with the individual commissioners. In fact, I think one of the problems that this office has had is that we have regular meetings with Commissioner Halas, but -- on the agendas, but we don't meet with the others on a regular basis. And I think -- whoever the new County Attorney would be, I think having a half-hour meeting before the agenda to go through the issues is an important thing for the County Attorney, just to get a heads-up of your issues, for example. Quite frankly, I believe -- there are both benefits and problems having experience in the office, because sometimes an outsider brings in an un-jaundiced eye that an insider might not have. But as an insider, this County Attorney's office needs strength in three positions entirely. We need a land-use person, somebody preferably from the development side who's done work in the development side who can go in there and upgrade that office. We need a litigator. Jackie's great; Jackie needs help. We need somebody in-house to do the work so we don't have to go out-house. And, quite frankly, we need somebody who's a contracts expert. I don't think that our contract review is as good as it could be. We may be able to internally train somebody for that, and I have got a couple of people in mind, but that's what we need to do. Unfortunately, you can't just hire three people without opening up other positions, so that it's going to be not a 90-day process, Commissioner, but it's going to probably be about a one- to two-year process to get the right people in and to slowly transition other people out so that you strengthen the core of the County Attorney's office. COMMISSIONER HALAS: Thank you very much. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: And I think we're going to be starting with John Turner on this, aren't we? Mr. Turner, I'm going to Page 220 April 8-9, 2008 depart from the management skills and abilities list of questions and pose a question to all of you concerning the challenges of the Growth Management Law passed by the state legislature. And -- and what I would like to -- to determine is -- is your level of understanding of the requirements of the growth management bill or Growth Management Law of the State of Florida and its impact on local governments from the standpoint of infrastructure development and maintaining concurrency. So could you give -- give me your assessment of -- of that law and its challenges and -- and impacts on local government in less than -- MR. TURNER: Today? COMMISSIONER COYLE: -- in less than an hour. MR. TURNER: I have gone -- Commissioner Coyle, thank you very much for that question. It's such an easy fall-in to it. COMMISSIONER COYLE: This is going to be difficult for all of you. MR. TURNER: I appreciate it. I'm going to be the first one up here to say I'm not a land-use attorney. I want that clear. I'm a trial lawyer. So my experiences have been, through the trial section, taking a case that's -- that's arisen from community development or zoning, not from the administrative end. Now, you've -- you've got to remember that we have the administrative code and then the rest of the law, the real law as I call it. So I've never -- I've never dealt in the administrative end of it, where you have to go to the administrative law judges and go through your comp plan challenges and those things. So -- but the Growth Management Act, of course, we're all -- we know that it exists. We have to deal with it on a development basis. And our land-use attorneys, when I have a question about it, I know who to go to. And they can explain it to me, and then I can use that information. So that's been my experience with it, as well as trying to stay awake during seminars when the instructor is talking about it, Page 221 April 8-9,2008 because I find it very boring and, frankly, don't pay a lot of attention to it at that time. Its impact, though, is daily, almost hourly, when you're talking about a fast-growth community, Lee County, Collier County. It's something that -- that un -- it's -- it's almost one of those unfunded mandates that Tallahassee is so fond of -- of imposing on counties that, when you have to deal with it -- and I'm -- I'm not trying to be too general, but I -- I don't want to show my total ignorance of it. But what you have to deal with is on your impacts and your -- for roadways, the concurrency part of the -- of the roadway systems. And that leads into impact fees and impact fee credits and mitigations and mitigation banks and a myriad of those weird, strange things that we all have to deal with. I have -- I have seen cases that -- I think Collier may be a good example of how that has really impacted you guys more than it has Lee County, because Lee County, I think, started a little earlier in the road-building business than Collier County did. And I think we had more available land for the building. So it -- we made the impacts kind of work out. The City of Fort Myers has already concentrated; the City of Cape Coral, they had their own problems. So that left the county to kind of deal and expand with its roadway system. So we -- we didn't experience it the way you guys are experiencing it now. And I can see why your question is very important to you. But that's why you need good land-use people. Like Jeff said, you've got to have the best. And that's one. COMMISSIONER COYLE: Thank you very much. MR. TURNER: You're welcome. CHAIRMAN HENNING: Mr. Glassman? MR. GLASSMAN: Thank you, sir. This is one of those questions where I'd rather keep my mouth shut and appear stupid than to open it and erase all doubt, because I am not a land -- I'm not going to hold myself out as a land-use attorney either. I am a litigator who Page 222 April 8-9, 2008 has litigated land-use issues. So, having given you that caveat and sort of qualification, first, I think that it's important to understand that, just sort of in theory, in general, there seems to be a push from the area of the state to control more land use as to what goes on in counties and municipalities. Land use -- from my own litigation, I know land use has always been one of the things -- one of the two or three or four things that has always been left to local government, to the municipality or to the county. State and, certainly, the federal government has traditionally stayed out of that area because, well, it just seems to them, I guess, or it saw -- it seemed to be the situation that those areas, land use, would be best controlled by the local governments. That seems to have changed. The State of Florida has decided, for whatever reasons -- and when I say the "State," I mean Tallahassee -- has decided, for whatever reasons, to mix itself up into land use. Now, in general, I think that's bad, because I don't think that they should be doing so. I think that to -- to create broad statutes that affect the entire state in land use is improper. Okay. That's me on my soapbox. I'll get off that and get to the answer here. We have to deal with the statute. The issues -- say, take concurrency. We -- when I was in Orange County, we had an issue regarding concurrency with the school development. The county chairman at the time said, "We're not going to do any more schools until the developers have caught up with roads and utilities and infrastructure; and there just won't be any more schools until that's there." And we took that issue to court. I was not the lead counsel on that case, but we litigated it. And the court eventually said, "You're right, you can't do that." I think you have to take a firm stand. Here's my answer. I think you've got to take a firm stand against the state. You can't let them. They're trying to run it; I don't think they can. You have to take a firm stand where you feel you're correct in general about the land-use Page 223 April 8-9, 2008 management. It should be a local issue. That would be my overall approach to it without going into, you know, more and more and more of it. You know, that -- that to me is the -- is the issue and the way in which I would approach it. I think we have to try to keep it as local an issue as possible. Thank you. COMMISSIONER COYLE: Thank you. Mr. Klatzkow? MR. KLATZKOW: I happen to like the Growth Management Act. I think the Growth Management Act prevented -- is actually quite brilliant and revolutionary in the United States. It allows local government to put together a plan for long-term growth and then to manage that plan in whatever manner they deem best. It allows for local government to make sure the infrastructure's in place in time for the development. The problem with the Growth Management Act is that they're starting to putter with it; and they're starting to take away the ability of local government to direct how its growth's going to be. And I think what you're going to find is that the legislature is going to go more towards regionalism; and I think they're going to gut your transportation concurrency. Right now, they're talking about substituting fees. Instead of impact fees -- and what they're really talking about is pay and go. They're going to put -- they're talking about legislation now where a developer will pay a certain amount of money and, irrespective of the condition of the road, he'll be able to go and develop. And that's going to be problematic. If this commission at that time wishes to maintain control, there are means that we can go about that. I mean, they came up with a "what was your fair share?" bill, and I think our ordinance took care of that issue quite nicely. We can come up with some sort of, if the board wants, creative growth ordinance. Or we can start thinking Page 224 April 8-9, 2008 about maybe making some issues, like EMS response time, more important, because that ties in directly with the roads. And maybe Tallahassee will leave us alone; or maybe they'll look at us and they'll trump us. At the end of the day, Tallahassee can pass a general law, and there's nothing we can do about it. Home rule power is only good in the vacuum of general law. And, you know, we can try; and we can push back. And hopefully we'll be able to get this county built out before the Growth Management Act is completely cut in, at which time it won't matter, because we'll be built out. But we have challenges ahead. You've got a baby-boom generation coming down. You've got maybe 10, 15 years that they're coming down. Florida's not the only state that they're hitting. And you've got a development community who wants to open us up now for development because, if they're not here in the next 10 to 12 years, they're not coming after that. And so it's almost like the Oklahoma land rush. Open it up, get them down here, and we'll worry about the transportation later. That's the cynic in me. But, really, I think that's really where they're headed, to gut transportation concurrency, make it so you can't deny a permit based on the road conditions, in which case this board will need to make a decision whether or not to go along with Tallahassee or try to go around them. And that will be a board decision. COMMISSIONER COYLE: Thank you. Mr. Turner -- or Mr. Spencer? I'm sorry. MR. SPENCER: That's all right. Commissioner Coyle, could I have the question again? COMMISSIONER COYLE: Yes. I'd like your -- to give me a brief understanding of your knowledge of the effect of the Growth Management Law on local governments, and specifically its effect upon infrastructure development and transportation concurrency. MR. SPENCER: If you turn to one of the questionnaires -- there Page 225 April 8-9, 2008 were two, I believe -- that Miss Sims had all the attorneys answer, Question 15 addressed that. And I'm not going to try to regurgitate that answer that I wrote. But I can tell you, it took -- conservative estimate, it took me about 25 hours to write that answer, because I had to think through the problem. And one of the things is, when you become board certified, you're exposed to many subjects of law. And that's one of the subjects to which I'm exposed but do not work in it daily from the land-planning and land-use standpoint. So I had to go back and hit the books and restudy the question. The -- I'm not going to pass judgment on the Growth Management Act. I'm not here to make policy. And to some degree, I would say I'm kind of indifferent in that respect. I'm a lawyer. I have to deal with the law; and I have to enable my clients to be effective. The good thing about this act, considering all the down sides notwithstanding, is that Collier County has at least the legislative tools and power to do something about the way this community will look like in 10 years and in 15 years and has some guidance; whereas, you do not have to tolerate an ad hoc development of your community as many other communities have experienced in the state of Florida. And so I think that the better approach that I could bring to this is, I bring a positive attitude to this: What can we make of this as opposed to what kind of fight can I pick and what kind of bad attitude can I take to the people in Tallahassee. Now, on the other hand, the 2005 amendments, the SB-360, are sincerely a problem, because the DCA, instead of adopting rules by rule-making procedures where there's notice and the affected parties have a right to be heard, such as this board, decided that they would just simply bypass that process and prepare written advisories; and then, when you didn't comply, indicate that your land planning and comprehensive plan was not compliant. And that's led to litigation, because that's not the proper process for administering this act. That's an area where an attorney would have to say, "Hold on." Not only is Page 226 April 8-9, 2008 that not fair, but it's akin to what I saw a drill sergeant do one time in the army. What he told the recruit was, "You jump; and on the way up, ask me how high. " Well, we just can't be jumping and figuring out how high depending on what somebody does without rule-making authority. That process is not a healthy process. And so I think, as a County Attorney working with the Florida Association of County Attorneys and the Florida Association of Counties, that we can at least require of the DCA that they follow the rules that they want us to follow. But on balance, when we look at the Growth Management Act, it does require that we plan transportation facilities, school facilities as development comes along. It's called concurrency. And we have to come up with plans that are financially feasible so that we achieve that level of service. And that is the capital improvement projects budget. And we have to do that on a five-year plan. And if you wish, you can set it in a different scale; but at least at -- it is, at a minimum, five years. The 2005 amendments are problematic, because they're making demands for financial feasibility and interlocal agreements for funding, which is going to be incredibly difficult. Remember what I said about herding cats and 60 law firms nationwide or worldwide? Can you imagine where you have to go across the border to Bonita Springs and work out regional planning and funding in advance and have it financially feasible in the next three years and then the next five and have to be able to demonstrate that, how many bodies you're going to have to negotiate with, how many interlocal agreements you have to come up with? That's a daunting challenge; that's a real challenge for this board, for the county administration, and certainly for the County Attorney's office. But the good side of it is, is that you may come out with a coherent, well-planned development that looks like something that somebody would want and where they would want to live. Page 227 April 8-9, 2008 And so I would try to pull the positives out of this but, at the same time, not get caught by that drill sergeant asking me how high on the way up. COMMISSIONER COYLE: Okay. Thank you very much. MR. SPENCER: You're welcome. CHAIRMAN HENNING: We're going to take a break at 10:30, but I have some other questions on management. And -- and I have one here, Mr. Glassman, that I hope that -- I think you've already answered. But I'll ask you if you want to answer it or defer. And we'll start off with Mr. Glassman. Based on your knowledge of the office of the County Attorney in Collier County, what changes will you make in the office? MR. GLASSMAN: I think, again, the first thing is to determine the status of the office and how it's running at the moment. One of the things that I would do, once that's done and once I can say, "Okay, I see how it's running and where it's going," is to structure the office in such a way that we're prepared for the growth that's going to happen to Collier County. I think that -- again, I hate to go back and use these comparisons. But say, for example, in Orange County, it was not a very structured office. And that just didn't, in my opinion, work very well, especially for a County Attorney's office that had close to 30 County Attorneys and in a county which was growing phenomenally and still is. I think you need a certain level of structure. I've seen that more in Hillsborough County. I think it's in Pinellas County and some of the other larger counties, that you have a structure. You have a deputy; you have managing attorneys; you have people reporting to other people. And it -- it works its way up. I'm not a -- a tremendous believer in a hierarchal system. I would not say that that doesn't mean any attorney couldn't come in and talk to me about a particular problem. But I think where you have just sort a free-flowing situation, that creates a problem. You need some structure in the office. And Page 228 April 8-9,2008 you need to know -- especially the younger attorneys need to know who they can go to to get answers, because I can't be there all the time. The County Attorney just can't keep that door open all the time. We have that in the city. The city attorney just loves to keep his door open, and anybody can walk in at any time. And, frankly -- and ifhe ever hears this, he'll probably be upset with me. But that's okay; I'll take the risk -- it just doesn't work well that way. I think you need some real structure. So to sum up simply, you've got to look at the office, find out the strengths, find out the weaknesses. If people are not maintaining their jobs, not doing it, that obviously has to be addressed. But I believe that, as this county is going to grow, so will the office. And you need real structure in the office. Thank you. CHAIRMAN HENNING: Thank you. Mr. Klatzkow, you have a lot of knowledge of Collier County. I believe you answered the question for me. MR. KLATZKOW: I'll give you a different answer, though. CHAIRMAN HENNING: I'll--I'll give you the opportunity. MR. KLATZKOW: I'll give you a different answer. We currently have 12 attorneys in the office. If you compare us to counties of similar size and budget, we probably should have 10 or 11. As the budgets are coming in and reductions are coming in, I think whether or not -- I think that's where we're headed anyway. I've looked at the Lee County model as far as structure of the office. I think it's a fine model where they've divided into litigation groups and they've divided into other groups. I don't know, with 10 attorneys, if you really need to compartmentalize that to that extent. I think you're also going to see us reducing admin in order to get us to, really, where we should be. That plus the fact I do think we need to bring in three -- three different people to the office to bolster the bench. Page 229 April 8-9,2008 CHAIRMAN HENNING: Mr. Spencer? MR. SPENCER: Yes, sir. CHAIRMAN HENNING: Based on your current knowledge of Collier County's County Attorney's office, what changes will you bring? MR. SPENCER: Before I talked to Andrea the day before yesterday, I was on line trying to research the structure of the Collier County Attorney's office. I couldn't succeed, because it's not there. I then called a local attorney, and I asked, "How many attorneys do they have?" And I couldn't get an answer to that question. I then asked Andrea if she had an organizational chart, because she had asked me for one from Pinellas County. And we represent all the constitutional, so we have a far more demanding and complex task, but we have an organizational chart. And it tells you who holds the position and what their responsibilities are at a glance. Still, apparently this office didn't have one. And I thought that that couldn't be the case. So I took an extra day off, and I drove up here the night before yesterday. And I showed up at the County Attorney's office around 8:30 in the morning. And I asked for the organizational chart. This is what I got (indicating). This is not an organizational chart. The principles of management is that one manager can manage five professionals. Right now we have the County Attorney managing the chief assistant County Attorney, who is managing the assistant County Attorney, who is managing, under this chart, all the rest of the staff. That can't be. That looks like Scott Teach is managing and that he has two managers. Well, that doesn't make sense. So, looking at that, I said, "Well, do you have an assignment sheet as to who does what?" And I got this thing (indicating). And I sat there with a highlighter trying to figure out who did what. But I was able to do a head count and find out how many attorneys you have. And then I started taking a look at maybe what they do and tried to get an understanding of what they're doing so I could figure Page 230 April 8-9, 2008 out what the office might look like if I were to manage it. Let me tell you what I think it would look like. First of all, we have been going through budget cuts at the County Attorney's office in Pinellas County. And we have achieved cuts in excess of expectations. But that's required us to look at efficiencies, how many secretaries do we need in relationship to attorneys. We've come up, for example, with one -- three attorneys, one secretary. We've had to look at our paralegals and see whether or not we need the -- the level of service we have and whether we're getting efficiencies out of it. So I'm not about to tell you that we need to whack a few attorneys in this place. We may need to get better efficiencies out of them and look for -- look at questions of whether they need the support staff that they have. I've always felt that attorneys ought to learn how to do their own research and that, too often, they become complacent and allow legal assistants and research clerks to do their work. And at the end of the day, the clerk knows more about it than the attorney does. But what I do think I would look at is this: The way I envision this office, with the number of attorneys that you have, is that there would be a County Attorney; there would be two managers; there would not be a chief assistant. Everybody who runs a County Attorney's office seems to think they have to have a deputy County Attorney or a chief assistant. I don't know why they do that other than they just follow the pack. The reality is, is that what that ends up doing is dictating to the Board of County Commissioners, when the County Attorney either is fired or retired or is recruited elsewhere, that the Board of County Commissioners is stuck with the selection that was made by the County Attorney that just left. I think that the county commission or the city councils ought to have choices; and, therefore, more than one manager is probably a good idea so that, at least, they can go to the strengths of whomever's there as a manager when they need them. And if they want to select somebody, they're not forced into a very narrow choice of one. Page 231 April 8-9, 2008 So my view would be that, in all probability, I would at least initially look to eliminating at least the title and position, the chief assistant position, in favor of two managers. That would allow a ratio of one manager to five attorneys and support staff. The -- the challenge will be to determine how that should be classified in the sense of who is going to be given what responsibilities and identifYing the right people. I think that Mr. Teach is proving that he's capable of running an office if this is correct. And I've done my due diligence; and I'm confident that he might be one of those managers. I don't know who would be the next manager. I have no prejudices in that regard; I have an open mind. But I'm going to look at the needs ofthe organization based upon the goals set by this commission and the feedback I get from county administration. And somewhere along the line, I think I can make that decision. But that's the basic structure I think I would be looking at. CHAIRMAN HENNING: Mr. Spencer, did you happen -- you did a lot of re -- research ahead of time. Did you have -- MR. SPENCER: I tried to. CHAIRMAN HENNING: Did you happen to go to the Florida Bar and check the credentials of the individual County Attorneys? MR. SPENCER: I -- I did look at -- there's not much information there. All right. What you have is a 10-year disciplinary history and whether or not they are a member of a section and whether they're board certified. And the thing I look for is whether the -- the office has a high ratio of board certification. I don't have an independent recollection as I sit here. I know that I looked at the candidates for this position to see if they were certified in any disciplines by the Florida Bar, because that's important to me. And I think that it's important for any governmental attorney office to strive for excellence, which means the attorney should be actively working on achieving that board certification or certification in the discipline in which they work; otherwise, I think they're Page 232 April 8-9, 2008 becoming complacent, and that's unacceptable to me. So I think that improvement's important. But I did not go there, the short answer, and I don't think the reason I went there is because there's not much information there. CHAIRMAN HENNING: Thank you. MR. SPENCER: You're welcome. CHAIRMAN HENNING: Mr. Turner? MR. TURNER: Yes, sir. Thank you. CHAIRMAN HENNING: Based on your knowledge -- and I believe you do, just being from the north of us -- of Collier County's County Attorney's office, what -- what changes would you bring? MR. TURNER: You mean changes, I'm assuming, in the near future or changes -- things to get, kind of, your stamp put on the office. First of all, I'd like to -- I'd like to say for the people watching that -- in the office, that there would be -- there's no intent to go in and make wholesale changes as far as removals or requests for resignations, things of that nature. I -- that's not why I'm applying for this job. And I hope that's not expected of -- of me, ifI were so privileged, because there would have to be discussions with the board, of course, and some direction or suggestions. But that's not my purpose. My purpose is to get the best County Attorney's office in the state for my client, to produce the product. Now, from what I know, in my experience with this County Attorney's office, it's an outstanding staff. It's well respected in the state. That needs to continue. I think, to do that, you need to encourage all the attorneys in the office to become board certified in city, county, local government, because it is important. It's an achievement. It's something that you can set out to do and say, "I've actually done it and achieved it," and bring that in as a level of our expertise. I also understand that, in the County Attorney's office presently, Page 233 April 8-9, 2008 there's some type of a satellite office that's out away from the County Attorney's office, from this building. And I don't know why that occurred, but I don't know if that's really the best way to run an office. I think I would look seriously at trying to consolidate all the attorneys in one office, try to figure out a way to make room for everyone. That way, they're all access -- accessible to everybody else; everybody can talk to one another; we can have the staff meetings we need. Not that they don't occur now, but I just think it makes for a much more cohesive office. If an attorney needs to go out to a satellite office or needs to spend some time, say, at your port authority meetings or deal with that, well, we have that in Lee County. We have an attorney -- two attorneys that rotate to the port authority on a weekly basis. But their offices are in the main building with the rest of us so that they are accessible. I think that's -- that's something I'd look seriously at in the near term, that and making sure everybody's on the right page as far as trying to put the best product out by becoming board certified. As far as the organization, what Tom addressed, I've the privilege of working for Jim Jaeger, who was the County Attorney in Lee County for over 30 years. He was the dean. And David Owen has taken Jim's spot, and David is doing a fantastic job. And I'm not saying that just because somebody might pass that on. But he does. And when David came in, the board asked him what he would do. And he said -- he gave a pretty good answer. He said, "Well, I think what I want to do is look at some of the other County Attorney's offices in the state" -- of course, he has contacts in all of them -- "see how they -- how their organization runs, what it looks like, who they answer to." So when David came in, there was a deputy attorney and then three chief attorneys. And the chiefs were in charge of three sections. And the sections were, of course, the trial section, land-use section, and general services. General services covered utilities and the contracts and things of that nature. That's worked out great. He started Page 234 April 8-9, 2008 off without the deputy, so we just had the County Attorney and then the three chiefs for each section. And then when David was out of the office or gone or somewhere, then he'd designate one of the chiefs as the acting for -- to sign the necessary paperwork, things of that nature, or handle any questions that a board member might have or staff member might have of the County Attorney. Well, you have to have a lot of confidence, obviously, in your chiefs. And those people that are in those positions are very experienced and very knowledgeable. And I think, just from that system, it works pretty well. And then, of course, you have -- underneath the chiefs are the individuals that work in -- in each section. And that's a clear line of authority, people you answer to, people you can go to. So I -- I think as a whole that -- that template seems to work pretty well in a -- in a county setting. CHAIRMAN HENNING: Thank you. MR. TURNER: You're welcome. CHAIRMAN HENNING: Why don't we take a 10-minute break. (Recess held.) CHAIRMAN HENNING: Okay, back to the hot seats. I do have some other management questions, but I want to allow my colleagues to -- to ask similar questions on management. COMMISSIONER FIALA: Go ahead and ask another one. CHAIRMAN HENNING: Commissioner Coletta, do you -- COMMISSIONER COLETTA: Commissioner Fiala will be before me. COMMISSIONER FIALA: I'll come up with something later on. As long as you're -- you have another question, why don't you just do that. CHAIRMAN HENNING: Okay. The --let's see, where-- where did we stop? Who -- who goes first on the question? It doesn't Page 235 April 8-9,2008 matter. Tell me about how you would -- right now, we're -- the County Attorney is fee based. In other words, each department is charged a fee for -- for assistance. There's an estimated amount of monies that would be needed to run the office based upon the fees. So I would like to know if -- if you would change that. Mr. Glassman? MR. GLASSMAN: Good question. I --I've always wondered, in any structure, how they decide to do these things where they do fee-based arrangements. And I -- I understand the principle behind it, the idea being that you want to see which departments are using, in this case, the legal services the most and which ones are -- are not. So I understand the -- the -- the idea behind charging departments fees, although I don't really know what it gets us. It's, to me, just -- I don't get it. To be honest with you, I just don't get it. I mean, we're one unit; we're government, Collier County, whatever it is. It -- it reminds me of the billable hours that poor private attorneys have to keep or -- or justifYing your time. I know, when I worked in Orange County, somebody said, "Well, let's not only do fee-based, but let's have the attorneys keep hourly records of what they're doing." And I just -- that, to me, is not something that I think goes well with government. I'm against it. I don't think it's really helpful in any particular way other than as an accounting measure. And with all due respect to the CP As and other accountants out there, I didn't become a CPA, because I just don't think like that. So, to me, it's -- you know, we're -- we're one unit. We're -- we're Collier County government. And let's not be so worried about which department is using the legal department more and how to paper the transaction. Thank you. CHAIRMAN HENNING: Thank you. Mr. Klatzkow? Page 236 April 8-9, 2008 MR. KLA TZKOW: In my corporate life, we didn't do internal fees for the in-house attorneys. And I think that's probably a better way to go. The County Attorney ultimately represents the Board of County Commissioners and not staff. We work with staff. We help implement board policy through the staff. We're there. But at the end of the day, we're really counsel to the Board of County Commissioners. And I'm -- I've never really liked the idea that we're getting money through staff rather than directly from the board. Once you're on somebody else's budget, they start making demands. If they don't like your answer -- if you keep telling staff "no," and they don't like your answer, they remind you that, you know, you're partly on their budget. I don't think that's a good idea. I understand why we do it. I understand it incentivizes the different departments to only use those attorney services that they really do need to use. But at the end of the day, I think a better system would be for the County Attorney's office to be directly funded by the board, which would give us a little more independence in being able to function more as a check and balance between the board and staff. I mean, you need a County Attorney's office to say "no" to staff every now and then. You need a County Attorney's office to say "no" to the board now and then too. But we're really here as a check and balance to make sure that your policies are being correctly implemented. And I -- I think a direct -- direct budget from the Board of County Commissioners would be preferable to the system you have now. CHAIRMAN HENNING: Mr. Spencer? MR. SPENCER: I think I know the answer to this question, but it doesn't preclude an examination of best practices of other County Attorneys in government. CHAIRMAN HENNING: I don't think there's any right or wrong answer. Page 237 April 8-9,2008 MR. SPENCER: I think I was -- what I meant to say is, I think I know the answer I'm going to give you. CHAIRMAN HENNING: Okay. That-- MR. SPENCER: But it doesn't preclude a consideration of best practices of other organizations. The concern I would have with fee-based is just like you would have in any marketplace. How many times do we listen about the story of the person who bought real estate and didn't consult a lawyer, or a person who wrote a will that was invalid because they didn't consult a lawyer? And what was the motivation behind that? It cost money and they couldn't see immediate value. And so when you start charging individual department budgets and administrators a fee, then there might develop a reluctance to go to counsel when they need to go to counsel; and there becomes a conscious decision-making process that results in reluctance to consult an attorney when they should do so. I've seen experiences where the failure to do that has resulted in devastatingly bad decisions. So there -- there are some arguments against a fee-based concept. Mr. Klatzkow, I think, is correct in the sense that the County Attorney's office represents the Board of County Commissioners as a collegiate body and is here to implement policies of the board from the legal perspective and, in that capacity, aids in the mission of the Board of County Commissioners by advising the county administration. There should be something that promotes that relationship and not impedes that. And I think that funding is appropriate from the board for that mission. On the other hand, there's a need for accounting of where that money goes, because the public has a right to know how their money is being spent and who is spending it and why. And so cost allocation is probably a better model; that is, after a year's experience what we do, for example, in Pinellas County, is the attorneys sit down, and we take out this organizational chart that shows all of our clients that we represent. And every attorney has to write out percentages of how Page 238 April 8-9, 2008 they used their time with those clients. And then those percentages are collected by the County Attorney to identifY which clients are receiving the share of services from the County Attorney. And then there's a cost allocation on the budget by the County Manager or the county administrator accordingly. We look at the past, and we project the future. And that's how the Board of County Commissioners learns how the services are being used. But there's a lack of an impediment in that process, because people are not reluctant to turn to the County Attorney's office for sound legal advice. CHAIRMAN HENNING: Thank you. MR. SPENCER: You're welcome. CHAIRMAN HENNING: Mr. Turner? MR. TURNER: Yes, sir. We in Lee County have a similar system, particularly on a functional level with staff in our community development and zoning and service areas, in which we provide, in the office, a daily worksheet that's prepared for pay periods. And you actually put in and log on and -- as to what you've been doing all day for different departments. It's time records. Time records are important. There has to be accountability. Those are used then by the various departments to see how much time is being used in the County Attorney's office on more of the routine, day-to-day operational activities. And then they can allocate from their budgets those amounts for the County Attorney's benefit. In the trial section, we don't have such a rigid requirement, although we do, each day, of course, complete the task of filling in our time sheets. And then those are submitted for each pay period to show what we've been doing. And then those in turn are combined on a quarterly basis and then on a yearly basis so that the client, the board, knows what's going on, because you've got to keep them advised. That's one of the problems in county government, is making sure the client understands what you're doing and getting their input. So it is very beneficial. It's been very helpful in a lot of areas, Page 239 April 8-9, 2008 because sometimes we need to allocate more resources to one department because of big projects coming up. And it's a good way to -- it's a good way to tell them. Thank you. CHAIRMAN HENNING: Thank you, but I -- I do want to follow up. Miss Sims wants to give you one of our executive summaries, Mr. Turner, if you don't mind, the pieces of paper that I gave you. MR. SPENCER: I think we have them, Commissioner. CHAIRMAN HENNING: Right. MS. SIMS: Yes. Oh, I gave them out. CHAIRMAN HENNING: Oh, you gave them all out. Our executive summary has a legal consideration under it. That one says it is legally sufficient where there's no issues -- issues here. From my experience, sometimes the County Attorney's office does not write in there. And you have no control over the County Manager's staff. And, of course, we want some legal guidance on -- on issues coming before us. How do you deal with that? MR. TURNER: We make recommendations on each of the blue-sheet items, we call them -- CHAIRMAN HENNING: Okay. MR. TURNER: -- which is an agenda item. And so we have reviewed and prepared and actually signed off on each of them, so we make recommendations as to approval. Now, you wanted me to address this particular problem? Or is this just in a general, procedural CHAIRMAN HENNING: It's a general-- this is just a general. MR. TURNER: We have a -- we've broken ours down to detail like yours. And that is part of the procedure in getting an item to be considered by the board, is signing off on it and -- and making a recommendation. If you don't, then you have to note that also. CHAIRMAN HENNING: Good. Thank you. Page 240 April 8-9, 2008 MR. TURNER: You're welcome. CHAIRMAN HENNING: I do have other questions. But -- Commissioner? COMMISSIONER FIALA: Well, if you have another question, go ahead. And my question is about -- well, I'll start it after your next question. CHAIRMAN HENNING: Okay. Mr. Klatzkow, how accessible are you going to make your individual staff members to individual board of commissioners, or are you? MR. KLATZKOW: That's a decision of the board. If the board wishes that the individual commissioners have access to the attorneys in the office, we're here to serve you. If it's the ultimate decision of the board to simply go through the County Attorney, we'll do it that way. , I know of one county that requires that they have at least the majority of the board direct the County Attorney before the County Attorney will do anything. So, really, how the County Attorney's office functions is a question of how the board wants it to function. I mean, technically we -- CHAIRMAN HENNING: Let me restate my question. MR. KLATZKOW: Yeah. CHAIRMAN HENNING: I have a specific question that a particular County Attorney has knowledge or is working on that issue. How would you like the board's -- the individual board member to get their answer? MR. KLATZKOW: I have no issue with individual commissioners going to individual assistants, if that's the way the board wants to do it. If the board finds it to be problematic, the board could tell the County Attorney not to do that. CHAIRMAN HENNING: Okay. Thank you. Mr. Spencer? MR. SPENCER: Both. I have many times, as an assistant Page 241 April 8-9, 2008 County Attorney, advised individual commissioners, and I have no problem with that. The -- the concern I would have is that I want to know about the contact; I want to know the substance of the advice given; and I want to feel comfortable, before I allow that on a regular basis, that I'm confident of the responsibilities that have been delegated. Part of the process of delegation is training, mentoring, and then allowing a person to be creative and go forward. And that means independence. And until I'm comfortable that the individual that is giving that advice has met my expectations, I want to know, at a minimum, that they've had a commissioner contact, the nature of the inquiry, substance of the advice given. If -- if reality testing demonstrates to me that perhaps that particular attorney should have me at their elbow, then I'm going to inform that attorney that, for the time being, until I've reached that level of confidence, that I want to be involved in such commissioner contacts. But I think the process that you ask about is can we delegate. And the answer is: Yeah. Yes, absolutely. The goal is to be confident of your staff so the delegation doesn't become a problem or create problems with inadequate advice or ill-considered advice; that is, advice given because a person doesn't have years of wisdom and cannot foresee, for example, the negative consequences that might occur given the advice that they gave. And so we have a practice, at least at Lee -- I mean, at Pinellas County that, at least for the short run, not the long run, if any of the attorneys have contact with a commissioner, either initiated by the attorney or vice versa, they're to report to Mr. Bennett so that Mr. Bennett can maintain a cohesive, intelligent approach to advising the board. And I would expect the same thing, at least in the short run, until I have a high level of confidence that someone can operate independently and within the scope of what's being delegated to them. Page 242 April 8-9, 2008 CHAIRMAN HENNING: Thank you. MR. SPENCER: You're welcome. CHAIRMAN HENNING: Mr. Turner? MR. TURNER: Yes, sir. CHAIRMAN HENNING: Please. MR. TURNER: Ready? CHAIRMAN HENNING: Yes. He just wanted to get my attention. MR. TURNER: He did. CHAIRMAN HENNING: He did. MR. TURNER: The -- what Tom alluded to is, I think it's pretty apparent that you're not going to have one of your junior attorneys or a new attorney in the office dealing directly with the commissioners all the time. And they're -- if it's a routine question regarding status, something of that nature, that's -- that shouldn't be a problem. But it also has to deal with the experience of the board member. If they are a new board member, I think it's necessary that the County Attorney really have a hands-on, so that the board member gets comfortable with the County Attorney and vice versa. And then the County Attorney can try to understand what the board member -- the direction they're heading, questions, issues that are important to them, things of that nature. So then you get more experience with the new board member and vice versa. As far as an experienced assistant, there shouldn't be any problem with a board member calling up, asking questions. The only thing is, you don't want surprises in the office. And the County Attorney needs to be advised if there is something of substance or an issue that a board member is interested in, is calling about. I think it's -- it's only common courtesy, as well as keeping everyone informed, that the County Attorney be notified, a little memo, or a chat in the room, or something of that nature. But there shouldn't be any -- there shouldn't be any difficulty with a prohibition on board members Page 243 April 8-9, 2008 calling up individual assistants, because that's how they get experience; that's how they learn. That's part of the job, is dealing with elected officials and staff. CHAIRMAN HENNING: Thank you. MR. TURNER: You're welcome. CHAIRMAN HENNING: Mr. Glassman? MR. GLASSMAN: Thank you. In -- in Tampa, as I said before, we have a mayor, and we have a city council. And they're both different. The mayor will only deal with the city attorney. That is her choice. The city council is very happy to see anybody come down and talk to them. And we do. So there -- it -- the first step is to determine what each individual councilor commission member wants. If you only want to see the County Attorney, I think that that's the way it should be. But if you're willing to see the assistants, I recommend it strongly. I have confidence in them. I think if something goes wrong, I will hear it either from them, or I'll hear it from you. So I encourage it. I think it goes along a little bit with what I said before. And -- and I -- I agree that they're young attorneys. They need to be trained. If I was managing a bunch of surgeons, I'd have to let them, some day, stick their hands in there and get them dirty and learn how to be a surgeon. And it's the same thing here. They have to learn. And the only way to learn in this process is to actually do it. I would want to know if it's a major situation, because I'd want to be informed. I don't want to be just some sort of potted plant sitting out there and not knowing what's going on. But I would expect that the -- the assistant would come and tell me and say, "I spoke with Commissioner So-and-So. And this is what we discussed; and this was the response." Fine. But as far as doing it, I favor it, because, if for no other reason, it's a great learning process. And it just emboldens them and empowers them. And that's what they need. Page 244 April 8-9, 2008 CHAIRMAN HENNING: Thank you. MR. GLASSMAN: Thank you. CHAIRMAN HENNING: Okay. Commissioner Fiala and Commissioner Coletta, did you have any questions? COMMISSIONER COLETTA: I'll let Commissioner Fiala. CHAIRMAN HENNING: Okay. Commissioner Halas has questions too. COMMISSIONER COYLE: Oh. Go ahead. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Okay. So if you were chosen -- this is a question for each one of you. If you were chosen -- is it today that we get to choose or complete this? MS. SIMS: It's your pleasure. COMMISSIONER FIALA: If you were chosen, when would you be available to begin work here? And let's start with Gary. MR. GLASSMAN: Okay. My schedule is fairly flexible. I have a trial coming up, an employment discrimination case on behalf of the city. It starts on the 21 st, and it's definitely going; we're not settling. And then I have a trial the week after that on an inverse condemnation case. But beyond that, you know, I'd have to look and see. My -- my only concern, that I would not want to leave the city in a position where whatever cases or matters that I had were not fully attended to. But I would guess sometime in May, middle of May, to be honest. COMMISSIONER FIALA: That's admirable, that you want to make sure everything's cleaned up before you leave. MR. GLASSMAN: Yeah, I-- COMMISSIONER FIALA: And not just escape. MR. GLASSMAN: I -- they would chase me down 1-75. They would send the Tampa Police Department, and they're pretty tough. COMMISSIONER FIALA: Thank you. MR. GLASSMAN: And I don't need that. Thank you. Page 245 April 8-9, 2008 COMMISSIONER FIALA: Jeff? MR. KLA TZKOW: You would need to offer the new County Attorney a contract that had been negotiated and come back to the board for approval, so that your next board meeting would be April 22nd. COMMISSIONER FIALA: Okay. MR. SPENCER: I think that, at minimum, it's 30 days; it could be as much as 45. I've spoken with Jim Bennett about this, and I've assured him under no circumstances would anything be left in the lurch. The nice thing I have to say about the staff that I supervise is that I've trained them for successor management, because the reality is, I could walk across the street and get hit by a car; and the Board of County Commissioners better have somebody that can handle that work. So I think -- what is it -- Charles de Gaulle said that the graveyards are full of indispensable men. And so I try to make myself dispensable, which is part of what I was previously telling you about having more than one manager in the office. So the goals in my section have always been to leave the institution that we represent in better shape than when we received it. And I'm confident already that I have two people on my staff that would be capable managers. They're all capable of assuming all the litigation that I handle, because we multi-staff every one of our cases. So I think I can say with a reasonable degree of confidence that it takes about 30 days to find a place to live and move in. And I have a wife to relocate, and that -- that's -- that's a concern. But it's 30 to 45 days. COMMISSIONER FIALA: Thank you. John? MR. TURNER: Yes, ma'am. I have some conflicts in the near future. I have two cases that are proceeding to trial in federal court. The trial calendar for those two cases are in early May. I am not certain that those cases will go to trial, not because we are interested in Page 246 April 8-9, 2008 settling at all; it has to do with the federal judges' docket. And their priorities are always criminal cases; and these are civil cases, so we take a backseat. So I don't know for sure when those cases are going to go for trial; but we are set on the May -- early May trial calendar. I do have a case proceeding to trial on April the 22nd that will be tried. And that's a state case, a personal injury case, to be followed by two other personal injury cases on the same calendars. So I can't give you a date. I'm going to say in -- in federal court, once you're the attorney of record, it's very difficult to have someone substitute for you, even -- even in -- in a county government, because the federal courts require the lead attorney to make all the appearances and to prepare the case for trial. And it's not fair to the client to go in to a federal judge and say, "Well, I got this new job." And the judge is going to say , "Well, so? You're going to trial; just get ready." They don't have a lot of sympathy for that. So I -- I'm not going to put anybody in the position of coming in and stepping in. That's not fair to the client. We have prepared diligently for these cases. The client's ready to go. We have our witnesses ready, exhibits. We just need a start date. So on -- on the outside, I'm going to say June 1, maybe the first half of June. COMMISSIONER FIALA: Okay. Thank you. MR. TURNER: You're welcome. CHAIRMAN HENNING: Anything else? Commissioner Halas? COMMISSIONER HALAS: Yes. We'll start with John Turner. MR. TURNER: Yes, sir. COMMISSIONER HALAS: What would you classify as your weaknesses? MR. TURNER: Here's a list. I -- I have weaknesses. COMMISSIONER HALAS: Is it -- MR. TURNER: Classifying them? COMMISSIONER HALAS: Yep. Page 247 April 8-9, 2008 MR. TURNER: I probably am impatient, is probably one of my biggest problems or weaknesses. I -- I -- I -- I need to be more patient. I'm a -- come back from the old days of: Let things calm down; let's review things; let's get more rational about things. I tend to be a little impatient. I like to see things accomplished, and let's get -- let's get on with it. There are others. I -- I sometimes may be a little too focused on -- on items, maybe get a little too serious on certain things that -- this -- this job is serious; our actions are serious. But we still need to have a little levity; and -- and sometimes I need to remember that. I need to have some friends around to put me back in reality, because this job's tough enough. And -- and sometimes you need to lighten up. COMMISSIONER HALAS: Is that it? MR. TURNER: No, but I'm going to stop there. COMMISSIONER HALAS: Okay. Okay. Tom, same question. What's your -- what do you think are your weaknesses? MR. SPENCER: I could be more succinct, which is the short answer. I demand a lot from myself. I put in extraordinary hours, and I tend to benchmark others based upon what I am doing. And sometimes people can't keep the same schedule and achieve the same things that I set as my personal goals. The other thing is, I don't suffer fools gladly, especially ones that I manage. And I certainly will not permit adversaries to either game the system at my client's expense, which is the public, or engage in unethical behavior simply because it's been condoned or accepted in a community. And I tend to be very confrontational about that. I don't know a middle ground. But I've been criticized for it. In my application materials, I think I've listed seven bar complaints. Those bar complaints had come from attorneys who sued their own clients. And the case -- one of those clients was a public body. I wasn't going to permit that. And I received bar complaints Page 248 April 8-9, 2008 from those attorneys, because I would not permit that. I held them accountable publicly and before the courts for what they did. I will not allow an attorney to abuse witnesses. I -- I think that attorneys are given tremendous powers; and, like all power, it can corrupt absolutely. And I see attorneys trying to use those powers to shake down people for settlements and, in the process, intimidating and frightening and abusing people. I will not permit that, not on my watch. And so if you look at the -- the profile interviews, you will see at times people describe me as aggressive. I've never had a client come back to me and say, "Why did you allow that person to abuse me, to treat me and mistreat me like that?" I will take the bullet. And I may have to take the bar complaint, but I will not allow that on my watch. Sometimes that's probably the perfectionist element that some people refer to about me. But I think it's a profession; we're accountable; we're supposed to have some integrity and some honesty. And so I probably get a little more friction from people who do those kinds of things. I think that some people see that as a weakness. I don't. I see it as a strength. But I think the biggest problem I have is being succinct sometimes. I try to be thorough. COMMISSIONER HALAS: Thank you. Jeff? MR. KLATZKOW: Yeah, I'm not political. I'm -- I'm not really a people person, to get a true weakness. My -- my life really is about my work and my family. And I don't socialize with coworkers; and I don't go out and try to enhance my professional standing by joining a local political group or -- or donating time to campaigns. And I recognize that as a weakness. I'm just not very good at it. I mean, I'm not good in a situation where I'm in a roomful of strangers; I'm not comfortable in that. I'm more comfortable around people I know. So that -- I would say that's my biggest weakness. It -- it's a-- Page 249 April 8-9, 2008 I'm not very good at -- in a political sense, quite frankly. COMMISSIONER HALAS: Okay. Gary? MR. GLASSMAN: Yeah. Well, let's see. I wish my wife were here, because she could give you the list. And she -- COMMISSIONER COYLE: You probably wouldn't want us to hear that, would you? MR. GLASSMAN: You'd probably be here until tonight. You'd want to get out of here. You know, it's hard to answer this question, obviously. But, one __ I've been sitting here making a list while everyone else is talking. I decided to stop. One, I have had a tendency to be a control freak. But that's something that -- in the sense ofI want to do it myself. I don't want to give others the opportunity to sometimes do it. In the litigation, sometimes I -- I have always sort of wanted to direct it and make sure that everything was done by me. You learn quickly that you just can't do that. So that's -- that's one of those ongoing things that I always have to catch myself on, and I think I've made strides on, in working with some of the younger attorneys to give them the responsibility and take it away from myself and say, "Okay, you do it." And then I sit there, and I twitch a little, and I say, "Okay, just, you know, let me see it." And then I stop myself and just say, "Go ahead and do it, and let's -- let's see how it looks at the end." And so it's a problem for me. But I'm learning how to get around it. I have real impatience with bureaucracy. We have some people in the city who run their shows in a very hierarchal fashion. You have to do Step A, Step B, Step C. Even in our office, we have some people who do it that way. And, yeah, I believe, you know, in some type of bureaucracy. But when you've got to get things done, I can get impatient if it's, "Well, you've got to go see so-and-so; and then you've got to go see so-and-so; and then you've got to go see so-and-so." I try to separate where I've really got to go see so-and-so as opposed to, Page 250 April 8-9, 2008 "No, I don't need to go see so-and-so; let's get this done." Most of the time, it works. Does it get you in trouble sometimes? Sure, but, you know, you learn quickly. I have had a tendency on occasion to trust attorneys on the other side a little too much. That would be a surprise, given the fact that I was born in New York. I guess, living in Florida for 20 years, I've had a different perspective. But sometimes that can work against you. So you always have to sort of remind yourself -- and this is not a knock on attorneys. But you always have to remind yourself that they are an attorney and you've just got to be careful. So those -- those are three right there. As I say, I'll give you my wife's cell phone. She can give you all the rest. Thank you. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Anything else? COMMISSIONER HALAS: I have one other question. And I'll start with Gary on this one. What -- how -- what kind of feedback do you get from your subordinates? MR. GLASSMAN: Okay. We -- we -- from the subordinates as opposed to my superior? COMMISSIONER HALAS: That's right. MR. GLASSMAN: Okay. From the subordinates. Well, it's very informal. We don't really have that type of structure where they are writing us up and giving us reports on ourselves. But I always ask, especially the attorneys that, obviously, I work with. I will always ask them, "Am I clear?" You know, to me, one of the biggest problems is, when somebody gives directions, the directions are not clear. So then the person leaves the office; they go out not knowing what to do; and they spend half their time floundering around trying to figure out what it was that I said. So I -- I always try to ask and say, "Am I being absolutely clear to you in what I want and what I'd like you to do?" And they will say Page 251 April 8-9, 2008 "yes" or "No, and I don't understand this." And so, to me, that's the kind of feedback that's helpful, because it not only helps them, but it's helping me tell me that I'm not -- or I haven't been clear on that issue. Obviously, we have an informal office in Tampa. Very often we go out to lunch together. And I find it's during those informal sessions -- I don't want to call them "bull sessions." But you get these informal lunch sessions; and -- and you can find out an awful lot about how you're doing. They'll tell you. I don't -- you know, I don't know why lunch brings it out in everyone. But they'll tell you. If you -- if you sit with people and you just have general conversations with your subordinates, "How is this going; how is that going; are you getting enough support from me; are you getting enough feedback; are you getting what you need?" over the informal type of situation, they will tell you, as opposed to calling them in and sitting them down in front of you and saying, "All right, now tell me what you think of me." So I do get a lot of feedback in the informal sense from the people that I work with. And, you know, sometimes I agree; sometimes I don't. But I -- I at least try to listen to it all the time. So we -- it's not a formal structure in Tampa, but it -- it does work, I think, if you just ask people in an informal setting. Thank you. COMMISSIONER HALAS: Thank you. Jeff, same question. MR. KLATZKOW: What kind of feedback? Well, my Horseshoe staff gave me this tie for good luck. So, you know, that's the type -- COMMISSIONER HALAS: Well, the -- the question is -- let me just rephrase it. And that is: What kind of feedback do you get from your subordinates? MR. KLATZKOW: My subordinates, 1-- I'm very -- I get very positive feedback from my subordinates. We get along. We don't socialize. I -- in the past, I socialized with subordinates. And I think Page 252 .--. --_._-- April 8-9, 2008 that becomes a mistake, because they get very comfortable with you. And then they get taken aback when you start criticizing them, because it becomes more of a friendship than an office relationship. So I stopped doing that on this job. And I don't go out to lunch. But the feedback I generally get from subordinates is that they appreciate that I'm direct, that I tell them what I expect and that -- they understand where I'm going and where we're going. COMMISSIONER HALAS: Okay. Anything else? MR. KLATZKOW: No, that's about it. COMMISSIONER HALAS: Okay. Tom? MR. SPENCER: I have two feedback methods. One's modeled after the military model of after-action review. And that's a feedback system that I use on significant measures that we've been involved in, whether it's a trial, whether it's preparation for a case that's settled, or it involved a project where we sit down. That process permits everybody, including the secretary, the paralegals, the attorneys, to criticize what we did; what we did right; what we did wrong; and gather in, collectively, the solutions to what we did on a project. And on an individual basis, I have what I call, in my office, "Festavis," which I borrowed from the Seinfeld series. It's the season for the airing -- airing of grievances. At the end of my staff meetings, anybody's allowed the privilege, the right, the honor, to criticize me frankly, candidly. And they're allowed at any time to come in -- time permitting, of course, but more often than not the time is there -- to close the door and tell me something frankly that's on their mind. The rule I have is real simple: civility. We will maintain civility. You can say anything you want to me, but be civilized about it. If not, I'll send you out for a time-out. We'll come back; we'll reconvene. There are times when I've inadvertently acted brusque, and I was unaware of it. And I've had the attorney or the paralegal or the secretary come in and tell me, "Why did you do that?" And I was Page 253 April 8-9, 2008 completely unaware of what I had done. It helps me improve my relationships as a manager with the people I have to manage. It also helps me to become a better manager of people. As a result, I'm highly confident that the people I work with like me; they know I'm open to criticism; they know that -- one of two things will happen with criticism. Well, first of all, there will be no recourse. There will be no retribution just because I didn't like the message. I receive, regularly, things that I'm told that, "Gee, I just didn't realize that." But the one -- there's two things I can do. Either I can do something about the problem or I can't. Sometimes it's above my pay grade; sometimes it's not permitted for whatever reason. But if I can do something about it, I will discuss with them the proposed solution. That's how I manage people; that's how I get feedback from them. And so it may not be that I've done something vis-a.-vis them; but they may see something about what I did vis-a.-vis a client or whatever, and they'll bring it to my attention. And that's the nice thing about the people I work with, is they're not -- they're unafraid to come back and talk with me and be point blank, ifthey have to, to get a message across to me. So I'm pretty much open-door. I just have some basic rules of civility. And they also understand there are things I can do and some things I just cannot do. That's how I do it. COMMISSIONER HALAS: Tom (sic), same question. MR. TURNER: Well, feedback works a lot of ways. If! get my birthday card, I know things are doing all right. Or the card on Boss's Day, "You're the best," so everything's fine there. But the -- our relationship in the office stems from the County Attorney. And -- and all -- he's always encouraged everybody to be direct with not only your bosses but your subordinates. And that's the way it works in our office. If -- if there's a problem, let's be direct about it. Let's not gossip about it. Let's not talk behind their back, anything of that Page 254 April 8-9, 2008 nature. So we -- we take direct action. Our feedback's direct. I encourage it. I get slapped around sometimes by them, and rightfully so. I need that. I need those eyes and those ears and the analysis from -- from my staff and coworkers. I encourage it. It happens. COMMISSIONER HALAS: Thank you very much. MR. TURNER: You're welcome. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. One of the things we're looking for is a County Attorney that can have an outreach, not only within his own personal profession but in the public at large. That's one of the requirements and the judgments that we make every year as we go through the County Attorney's report. With that in mind, describe how you've been able to distinguish yourself as a leader in management -- and manager in the public sector of law and also public light. And how did you develop your managerial skills of a law office, contrasting with the management of legal cases? It's kind of a long question. Maybe I should put it in two parts. So let's go with just the first part as far as how you were able to distinguish yourself as a leader/manager in the public sector of law and also in the public in general, your personal involvement, what you've been doing and how you would apply it here in Collier County. COMMISSIONER FIALA: Who are you starting off with? COMMISSIONER COLETTA: Why don't we start with Tom. MR. SPENCER: I'll volunteer. The -- my staff, everybody in the Pinellas County Attorney's Office, is encouraged to participate in community activities, particularly the bar association. I'm the chair of the civil practice committee and have been for the last two years. And that involves recruiting people to speak to members of -- of the civil practice section of the Clearwater Bar Association, also work in connection with the St. Petersburg Bar Association, which the two bar associations cover the entire county -- and promoting relationships Page 255 April 8-9, 2008 between the bar and the -- the bench. The -- there are numerous activities in which the attorneys are involved in, including guest speakers in high schools, participation in Law Day, participation in the bench and bar conferences. These are things that project the image of the County Attorney in terms of not only image but value to the community. So that's a point of beginning in terms of how I cultivate and work with our community. You asked a question about -- I'm sorry. I -- because it was long, and it was more than one part -- about management. Can you clarify that question before I go to it? COMMISSIONER COLETTA: On the management part, sir? MR. SPENCER: Yes. Your question on that was ... COMMISSIONER COLETTA: Well, that's all right. Let me go back and read it to you again. MR. SPENCER: I didn't write it down, and I can't memorize it. COMMISSIONER COLETTA: Management in the public sector law, how you're able to distinguish yourself as a leader/manager in the public sector oflaw. And the second part of the question: How did you develop your management skills of a law office of -- contrast with the management of legal cases; in other words, the law office itself, running your -- the operation versus being in court? MR. SPENCER: Right. I'm going to come to that law office in a second, because I -- I want to finish up the first part. Another aspect of my activities is as a member of the Inns of Court. The Inns of Court is a structured system in which judges and experienced lawyers mentor the attorneys that are coming to practice in the bar association. I have been a Barrister, which is the highest level of membership in that organization. And the role of the Barrister is to bring all those years of wisdom to help cultivate civility and efficiency and proficiency amongst other members in the legal community. And the judges see what you're doing, and they recognize that; they realize that. Page 256 April 8-9, 2008 And we learn, and we inculcate, and we teach that our jobs are as officers of the Court. And as leaders, our fiduciary duty is always first to the Court and then to the client. That's a strange message to hear for a client, but we're there to make sure that we do justice. And there are rules of procedure and decorum and ethics that we live under. And that's the leadership element that I wanted to supplement. Now, the law office -- trying a case is not the equivalent of running a law office. It never has been and never will be. There are too many fine trial lawyers out there that can't run a law office. And many of them are broke, because they spend everything they get from their one case to the next. They're wonderful trial attorneys. But, by history, some of the more famous trial attorneys died in gutters, drunk. There's no equivalency on trying a case and managing a law office or fiscal responsibility. When I came to Lee County in 1992 as an assistant County Attorney, I'd run my own law office, having to meet payroll, having to pay taxes, having to account for my time and my productivity for eight years. We moved to Florida, and I went to work for the County Attorney's office. One of the things that impressed me, as John Turner's mentioned to you, that Jim Jaeger was the dean of County Attorneys. He was one of the longest-standing, accomplished County Attorneys in the state of Florida, a wonderful man to work with. But the reality is, nobody was about to suggest that he stand down. He had four managers at the time; and all of them were proficient and competent; and not one of them was preparing to stand down. The realities were, unless I got personally ambitious at the expense of the organization and its mission, I was going to have to look at a lateral transfer to document and develop my managerial skills. And that's exactly what I did, is I went to two lateral transfers: one that was international and national as well as state based; and then I focused in on a state-based managerial position before accepting a position at Pinellas County, which was being groomed for a managerial position. Page 257 April 8-9, 2008 And that's where I've been with Pinellas County as a manager. The one thing that I -- I bring to Pinellas County is, I am focused on management. I study management. It is not a passing fancy. I've trained in management. Pinellas County trains their managers at the County Attorney's office through the HR department. So we go through formal training. And in addition, I look at business models that I've seen and used in the past as a general counsel. You've heard me talk about goals, planning, implementation, evaluation, which results in either you achieve goals or reset goals; or you have to change your plan or your implementation. That's a basic business model. But, you know, the reality is, I had to teach that to the attorneys on my watch, because we, as lawyers, don't get business management training, not unless you -- you bring to the table an MBA. And so there is no equivalency between trial practice and being a manager. You have to consciously look at how to manage, how to deal with people, how to achieve goals. And you have to educate yourself. And that's what trial lawyers do, by the way, is they learn to educate themselves on any given task. And so a good trial lawyer can learn these things. COMMISSIONER COLETTA: Tom, on the question itself, though, have you been involved in the public sector out there as far as organizations, Kiwanis, Rotary or -- MR. SPENCER: Yes. It's on my resume: Federal Bar Practice Committee; Secretary of the Southwest Florida Chapter of the Bar Association; membership in the Clearwater Bar Association as a chairman of the civil practice committee. Those are all on my resume. A lot of that's -- the Inns of Court. Yes. So that's the short answer. COMMISSIONER COLETTA: Thank you, sir. John, let me -- MR. TURNER: Yes, sir. COMMISSIONER COLETTA: -- come to you next. And I'll Page 258 April 8-9, 2008 phrase the first part of the question: Describe how you've been able to distinguish yourself as a leader/manager of the public sector of law; and also, too, if you could also add possibly any community involvement you had in the past that -- other than law. MR. TURNER: Thank you. Yes, sir, Commissioner Coletta. During my tenure with the Lee County Attorney's Office, I have been a member of the Lee County Bar Association and participated actively in the bar association. I've served on the long-range planning committee. We have also planned various events, social events, for the Lee County Bar Association. I've also been a member of the Inns of Court, Calusa Inns of Court, in the county, which Tom alluded to. It's an outstanding organization. It's made up of judges and attorneys and has to deal with your experiences and your civility in the practice. And it's a great organization. I've also been a member and participated in the Federal Bar Association of -- of Southwest Florida, which includes Tampa and all the Middle District of Florida. I have -- as far as -- as far as the -- outside of the -- the office, it's -- it's mainly law related. There's participation that our office does, and I was involved in for a time, with the court system for the child support enforcement office in assisting the circuit judges in enforcing the child support obligations. And you would participate a few hours a month acting as a hearing officer and that. Our office encourages all of its -- all of its attorneys to participate. And that comes down from the top; it's encouraged by the boss. So we do. And, of course, we do have some restrictions on any type of outside representation, which even in -- it includes your pro bono work. We have to be careful about that because of the coverage, or lack of coverage, for liability insurance purposes and malpractice, things of that nature. There are some restrictions in that field. And-- and, I think, rightfully so. But we do participate in the community. It's important. As far as managing a law office, I've been in private practice for Page 259 April 8-9, 2008 a number of years. I had to manage an office, work with partners and associates and secretaries and meet payroll and pay rent and things of that nature. In the Lee County Attorney's Office, the managing of the office on a day-to-day basis is the office manager. And we have an extremely competent office manager; she takes care of the day-to-day operations. We have to manage cases. I do. I manage cases rather than people, I've got to say, because -- and involved in the cases are all the people and all the money, your budgets, your expert witnesses, your court costs, your court reporters. So that's what I manage on a day-to-day basis, are cases. I hope that answered your question. COMMISSIONER COLETTA: Quite well, sir. Thank you very much. MR. TURNER: You're welcome. COMMISSIONER COLETTA: Gary? MR. GLASSMAN: I -- I have been a member of various bar associations in Hillsborough County, Orange County, et cetera. But I -- a federal bar association in -- in prior jobs, I've always been a member of the local bar associations. But I've never really taken an active lead in those associations. And, really, it's for two reasons: One was time constraints; and the other was, quite frankly, having dealt with lawyers all day, I didn't know that I wanted to use my outside time to deal with more lawyers through bar associations. And, again, I know that sounds like a knock on lawyers. But it just was a decision not to actively involve myself in those organizations. What I -- what I've done is more of the involvement in teaching. I've been a speaker at two Florida Bar Association seminars. And I have also been a speaker at the Florida Association of Code Enforcement, FACE, twice; and I'm scheduled to be a speaker again in June. To me, that -- that just serves me better, to -- to actively involve myself in -- in teaching and in -- teaching in seminars, especially. I've just found that to be a personal-- for me, personally, that's better than Page 260 April 8-9, 2008 taking an active leadership in a bar association. So that would be one way in which I have participated in the public sector. The other is that I have -- even as a County Attorney and as a senior assistant with Tampa, I have, on occasion, done pro bono cases as well with the permission, of course, of my superiors. And they generally have been cases where people have not been able to afford an attorney. In prior life, I did a good deal of domestic relations matters, which I quickly got away from. But I can occasionally do a simple one to help someone. Again, these are people that don't pay, obviously. I've done some appeals for free that are not in areas, obviously, that would conflict with local government at all. But I do that only in my spare time and where I feel I can -- I can do so. In fact, I had one case where a federal judge asked me to represent somebody who was suing a hospital. And -- and I did it. But, again, it was -- it had nothing to do with Orange County. So that -- that has been my -- sort of my public sector involvement. In terms of the public in general, probably my best accomplishment, although I'm not sure you'd call it an accomplishment, is coaching my daughter's soccer team for six years -- five or six years. Again, I knew nothing about soccer. I got sort of talked into it. And I still really don't know much about soccer. I know a little bit more. But it was enjoyable because I just had the opportunity to do that and, more importantly, to spend some time with -- with my daughter on Saturday mornings. So that was -- that was really the important thing for me. As far as managing offices, I've had a private practice for 10 years. I managed that. There were two of us. But, you know, sometimes it doesn't matter if you have 2 or 200; you've still got to do some of the same things. And you learn how to manage that way. And in the offices that I've worked in, especially in Tampa, I've had far more management responsibility in terms of supervising people. Because I do the HR, the human resources stuff, I get called in Page 261 April 8-9, 2008 a lot for discussions with the city attorney about how to handle personnel matters and things like that. Thank you. COMMISSIONER COLETTA: Thank you. Jeff? MR. KLATZKOW: Yeah. I -- I kind of think it's more the commissioners' role to be the face of the county than it is the County Attorney's role. And I think it's -- it's appropriate for the County Attorney to go to the town hall meetings that the commissioners have where the commissioners are meeting with groups of constituents, to be there, but that the commissioners be the face of the county, not the County Attorney. We're not policy makers. I like to think that we're in the background, more there for your advice, than we are trying to make something of us more than what we really are. You know, I've -- I've been a member of bars. But, quite frankly, you know, I've been married since 1980. I've got three kids. I don't think you can really do that if you spend a lot of time, not only at work, but then doing outside things. It's very, very hard. At least I don't think I could have done that. And so then I -- I spend as much free time as I can with my family, because that's what's important to me. You know, as far as management, I've managed a small corporate firm and a small corporate office. And, you know, essentially the County Attorney's office right now is not that much larger. You know, do I have extensive management experience? No. But I don't think it's rocket science, quite frankly. It's just dealing with people and managing employees, which I've done over the years. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: Are you complete? COMMISSIONER COLETTA: Yes, sir. CHAIRMAN HENNING: Are we ready to move on to the next category? Page 262 April 8-9, 2008 Before we do that, Commissioner Coyle, do you have any attorney jokes? COMMISSIONER COYLE: None that you want to hear here. CHAIRMAN HENNING: So we're going to move on to growth management and land use. And I'm sure Commissioner Coyle doesn't have anything in that category. COMMISSIONER COYLE: No, I really did ask my primary land-use question earlier. So if you'd like to skip over that one and go to another one, I'll be happy to -- to ask another question. CHAIRMAN HENNING: In a different category? COMMISSIONER COYLE: Yeah, probably a more general category . CHAIRMAN HENNING: It's whatever the board wants to do. I thought we were going to go from category to category. It doesn't matter to me. COMMISSIONER COLETTA: It doesn't matter to me. COMMISSIONER COYLE: Okay. This is a general category. And what I'd like to do is ask each of you to cite an example of where you have experienced significant opposition to an idea that you have proposed. And how did you go about resolving the opposition to that idea? Let's start, John, with you, and then work our way back the other direction. Is that okay? MR. TURNER: Probably the idea that I would be County Attorney was -- no, just -- in Lee County, Lee County. I got a lot of opposition. In -- in the more recent history, I can say it -- probably -- probably adding -- and it's more office related. Trial work, we're fortunate, and we usually get what we need to go to try a case and represent the client the best we can. But in -- in some aspects of the operation of the office, we have often wanted to use the services -- more services of paralegals. We have one now. And she is outstanding; but she's overworked. And she is -- she's my, primarily, Page 263 April 8-9, 2008 paralegal; but she also has to answer to every other attorney in the office. She does research. She does personal injury. She's very knowledgeable, very bright, and -- but she's only one person. So we have requested that the office consider looking at hiring paralegals for each section so that the trial section has a paralegal; the land-use section has its paralegal; and general services has its paralegal; and that way divide up the work and -- and be more efficient where we don't have to have more attorneys, just use some paralegals. Well, that was shot down. The powers that be thought, "Well, that's too much money. We can't spend it." And, of course, that's how it is in this day and age, with the cutbacks. But I think there should be some ways in which we can utilize paralegals and paralegal professionals to a better extent. And -- and I -- I'm -- I know that the Collier County Attorney's Office uses them. And so I think that's -- that's a good way to proceed because of the benefits. Especially the certified, the ones that have experience, can be very, very helpful in an office. COMMISSIONER COYLE: Thank you very much. MR. TURNER: You're welcome. COMMISSIONER COYLE: Tom? MR. SPENCER: I hate to do this to you, but put the question one more time. COMMISSIONER COYLE: Okay. MR. SPENCER: I want to make sure I'm sticking to the answer. COMMISSIONER COYLE: Would you cite an example where you have encountered significant opposition to an idea that you have presented; and how did you go about overcoming the opposition? MR. SPENCER: Recall what I said about herding cats internationally. I never cease -- it never ceases to amaze me, when you hire an attorney on an hourly basis, that the attorney, because of their perceived prestigious office, or what have you, feels that they're not accountable to the client in terms of what they're doing and how Page 264 April 8-9,2008 they're spending the client's money. And my real taste of that was dealing with attorneys internationally, where I would encounter an Italian attorney and the Italian attorney didn't want to explain how these charges came about; what the goals were in their representation; how they were going to accomplish it; and the like. And similar problems where you had a partner get the work but then leveraged the work with an inexperienced attorney that was not doing a good job. The problem is managing attorneys that I encounter. This is just an example. I'm not going to talk about my present office and things that come up in that -- that context. But in a prior situation, it was managing outside counsel. And so what I eventually did was, when they didn't like what I was doing as a manager, they would go to the client. They tried to undercut that, because they have a client relationship too. I finally resolved the problem by creating what I call a "Case Management Report." And I explain it to the client so the client knows what I'm doing. But the Case Management Report requires the retained counsel to summarize the facts as alleged against the client, or for the client depending if it's a plaintiff or defense case; the facts that we know to be the actual truth in all probability based upon the known quantum of evidence; and then they are to develop a litigation plan. And what that means is that they're going to tell me what they plan to do to bring this to a cost-efficient resolution, whether that's by trial, if that's what the client wants, or by settlement, if that's what the client wants. We're going to set the goal. And you're going to tell me how you're going to get there and who's going to staff those responsibilities. Quarterly, if that's necessary, or whatever term is necessary, they're to update that report so I could measure the progress against the plan. In that fashion, I don't experience attorneys where you will get a senior attorney, and the next thing you know you've got two juniors running around that don't have any experience. One of the things I require, for example, is, I want to see their resumes. We retained a Page 265 April 8-9, 2008 firm one time, an excellent marquee attorney; and they indicated they were going to have two attorneys work on it. I said, "Can I have their resumes?" And I found out one wasn't a licensed lawyer, hadn't taken the bar exam yet; and they were going to charge hourly rates as though he were an attorney. And the other one had only been an attorney for four months; and yet they were going to charge the same rate as the partner. That's the push-back problem, because that's where I had to get control of these things. And attorneys are used to a business model where they have billable hours, leveraging associates, are not comfortable when an attorney says, "Look, we're going to manage this by goal and by plan; and this is how we're going to get this work done." They don't like being herded. And that was the experience I had to develop as a manager when I had 60 of them internationally. And I couldn't figure out what the dickens they were doing and why we were spending $2 million a year and where was this money going and what were we getting accomplished. And so I had to develop a model like that. And there was tremendous push-back. Attorneys don't like being managed in that fashion. They feel that it's their creative powers; it's their art; it's whatever. But the reality is that these things are manageable as long as you analyze it; reanalyze it; evaluate it; see what works; look for your best practices. And so I use that Case Management Report to educate the client as to what's going on; educate risk management if they're involved; have a public record at the end of the day of what took place; and attain some account -- accountability of the attorneys who are doing the public work. So that's an example of where you get push-back, and that's how I resolved it. COMMISSIONER COYLE: Thank you. MR. SPENCER: You're welcome. COMMISSIONER COYLE: Jeff? Page 266 April 8-9, 2008 MR. KLA TZKOW: Once upon a time, I worked for a franchise company, Carvel. And we were -- had 700 stores, both domestic and international. And we were bought out by a Bahrainian investment bank, relocated to Connecticut. And they were looking for a quick return on their money and then to flip us. The way they decided to do that was to change the distribution system from a sole franchise network to a combination franchise network and supermarket distribution. The problem was that we had located many of our stores next door to supermarkets as a business practice, thinking that, "Well, people would leave the supermarket and pick up an ice cream cake on the way home." Now you can go to the supermarket and just get the Carvel ice cream cake. What I had to do was to modify the franchise agreements, modify the federal mandate -- federally mandated disclosure document to tell everybody who was going to purchase a Carvel store that we were changing our business, and that it was going to negatively impact the stores. And that got a lot of negative feedback from management who wanted it both ways. At the end of the day, I spent a lot of time lobbying management. But there comes a time where the attorney has to tell the client, "No, you cannot do this. You cannot sell stores to people without telling them that you're changing the business model." And the way I handled this was, I basically said, "You either do this, or I leave; and good luck finding somebody else who will do this for you." And they relented. We changed our disclosure document; we changed our franchise agreements. It negatively impacted sales of franchise stores, but at least the people coming into the system were aware what they were buying into. And that was probably -- from both a career standpoint and a personal standpoint, because I knew many of these franchisees over the years -- my most difficult challenge. COMMISSIONER COYLE: Okay. Good. Thank you. Page 267 April 8-9,2008 Gary? MR. GLASSMAN: Okay. Let me give you an example of an idea that I had -- and I will use Tampa as an example. Hopefully they're not watching this, because they'll be on me here soon -- and how it met opposition and then how it got through. Very simple, very simple little thing. In litigation, we have obviously litigated cases, many cases, over the years. And attorneys have generated pleadings, documents, whatever, and on the computer, although those pleadings and documents rested in everybody's individual file. My idea was simply: Let's create -- it sounds very simple, but, I'll tell you, it met with opposition. Let's create -- excuse me -- a pleadings database where all the litigators would put, eventually, all of their pleadings, which could then be accessed by any other attorney and could be used in future litigation. It seemed to me like a very simple, constructive, efficient, cost-saving idea. It met with some opposition -- not some, complete opposition by one of the attorneys, one of the litigators, in our office. Won't do it. He keeps all of his pleadings on a completely separate drive which only he can access. And he won't share. Okay. I said, "All right, we've got a little problem here." I tried to cajole; I tried to threaten; I screamed. None of that worked. I had to figure out a way to get this person to agree to put his pleadings on the database. Eventually, the way I did it was simply to flatter him and tell him, without his pleadings, it would be a poor database. We needed him. It played to his ego, and it worked. Was this manipulative? Probably. But in this particular case, it worked. My point is, is that, when you have an idea that you really do believe in and you want to get it accomplished and there's an obstacle, there's no one way to do it. You have to figure out the way to do it. And sometimes it means being a little manipulative; sometimes it means being quiet and listening to the other person's concerns. You figure that out, and you figure a way around it. Page 268 April 8-9, 2008 We're all people. There are things that we want, things that we need. And in this case I figured out that this guy needed to have his ego stroked a little bit. And it got done. So the answer is, you know, there's sometimes these little issues that you want to get done; and if you just figure out what the obstacle is and how to get around it, I think you can achieve what you want. Thank you. COMMISSIONER COYLE: Good. Thank you very much. CHAIRMAN HENNING: Okay. Let's say we take a lunch break, 15 minutes? COMMISSIONER FIALA: I just wanted to let you know lunch is in the conference room. CHAIRMAN HENNING: Okay. How long do we want to take for lunch? COMMISSIONER FIALA: Half an hour at least. COMMISSIONER COYLE: It will take me at least that long to eat all those rolls. CHAIRMAN HENNING: You've got to get in line behind Commissioner Coletta. We're going to take an hour. (Recess at 11 :57 a.m.) (Proceedings resumed at 12:58 p.m.) CHAIRMAN HENNING: The Board is back in session. Commission Halas had a land use question. Commissioner, are you ready to do it? I know Mr. Spencer is not here. I am sure he will be here shortly. COMMISSIONER HALAS: Sure. I am ready to go. CHAIRMAN HENNING: Okay. Go ahead. COMMISSIONER HALAS: One of the issues that, as commissioners, we're faced with is the infamous Bert Harris suit that flies over us. How would you, as the County Attorney, handle a Bert Harris claim so that it is on the benefit of the citizens' side? And, Gary, I will start with you. Page 269 April 8-9, 2008 MR. GLASSMAN: Okay. I actually had an almost Bert Harris case in Orange County. That's probably as close as I have come to actually handling one. I don't recall exactly why we didn't have it. I think it involved, as I remember, for lack of a better term, a dump. The county had kind of closed the dump down for a regulation. And the property owner said, "Let's sue the county." And they thought Bert Harris would be the best way to go, but something happened and it didn't go. But in general -- I don't know whether you get it down here as much. But in Tampa we get inverse condemnation claims all the time, where somebody says either you have taken my property physically, pay me for it, or you have done some type of regulation that is preventing me from using my property the way I want, so now you, city, have to take my entire property. And I -- I didn't see many of those in Orange County, but all of a sudden out of nowhere I go to Tampa -- and, of course, they blame me for it. They think I brought them. And suddenly we're faced with all these inverse claims. Now, the Bert Harris Act is sort of one step before that, before you actually get to an inverse claim. There are a number of steps that have to be taken by the property owner in getting the appraisal and submitting it on a timely basis and we then take a look at it. I think that they can be head off for the most part. And by that I mean that I think when we look at what is being done by the county and what it is that the property owner wanted to do, I think the intent, at least initially in the Bert Harris Act, was to take a step back and say, "Let's see if there is some middle ground that can be reached. Is there some amendment to the regulation or some type of compromise that can be reached?" And I really think that that's the first step in a Bert Harris Act is to see if there is a compromise between what the county has done or wants to do and what the property owner wants. And I think there is a Page 270 April 8-9, 2008 built-in time lag into the statute that permits that as opposed to, as I say, on the inverse claim for somebody immediately runs off to court and files the inverse claim and says, "Take my property." So I can't tell you that I have gone through the experience of one. As I say, the closest I have come is to having beginnings of one. A Bert Harris Act claim that is. But I think that my first step would be to see whether or not there is some compromise, given the time frames that are built into the statute on the Bert Harris claim and see whether or not it can be reached. If it can't, then I say we litigate it. Because from the few appellate decisions that I have seen, the municipalities or the counties have been fairly successful. I'm not saying that we should just give in and say, "Fine. You win," but initially try to see ifthere is some compromise. If not, then litigate it. COMMISSIONER HALAS: Thank you very much. Jeff. MR. KLATZKOW: The Bert Harris Act is not a bogeyman. It's -- it arises if this Board passes an ordinance which unduly burdens somebody's private property. And, quite frankly, it would be -- the County Attorney would be remiss if he did not advise you that by passing this ordinance you would be subjecting yourself to a Bert Harris Act. So that there should really never come a point in time where a Bert Harris Act is a surprise to the county, all right? The Bert Harris Act is not when you deny somebody zoning. It's not when you deny somebody conditional use. It's when you pass an ordinance that unduly burdens somebody's property rights. For example, we've had some discussions on the Board with wetlands. If this Board would suddenly pass an ordinance saying, "We are protecting all wetlands and we're not going to allow any density in these areas," you could be looking at a Bert Harris Act, which right now you have got people who are -- have property right Page 271 April 8-9,2008 now, they have certain density rights. And they could say, "Well, the property used to be worth $1 million. Because of your ordinance, it's now only worth $200,000. It's not a complete taking, but I have a Bert Harris claim." And they would have a Bert Harris claim. We could have the ordinance, however, structured in such a way to maintain existing density and to protect the wetlands. And at the same time by removing everything to the uplands, so that you wouldn't have a Bert Harris claim. Quite frankly, if the County Attorney is doing his job, you're not going to see a Bert Harris claim that is viable. Thank you. COMMISSIONER HALAS: Tom. MR. SPENCER: I missed the question, but I can certainly glean it, I think. COMMISSIONER HALAS: Well, the question is: How -- if you were the County Attorney, how would you go about addressing a Bert Harris claim so it was beneficial to the citizens in the county? MR. SPENCER: Well, you really don't have the benefit ofa lot of forefathers or people who have cut a path in this area. This is a -- one statute that is novel and new to Florida. And there is not much in the way of out of state guidance, as well. The objective here was to remediate, the -- the precedence coming from the U.S. Supreme Court, which basically said either all economic value must be taken by the government or no element of your property is left such that you can use it before you can make a takings claim. And the cases are coming down if you have any economic viable use or any portion of the land left still has a viable use, there is not a Fifth Amendment constitutional taking. The law was rather lenient before that. And we saw regularly at Lee County and other places land use litigation and takings claims with some frequency. But with these decisions, that book of business started to dry up and I think that -- lawyers, being the crafty animals that they are, look for a way to fill the void. And so Bert Harris Page 272 April 8-9, 2008 sprung up with the notion that, "Well, something less than a total taking is good enough." And so what we have is a novel approach to compensation under circumstances where it's not clear. And I'm not going to give you an optimistic picture at this point because lawyers make predictions and back their advice up in a courtroom based upon clear pathways that have been established by precedent and by other work by other attorneys. This is an area that is untapped. I think that you will see aggressive, innovative, talented lawyers trying to eventually work this area, which is in the nature of the beast. Now, that said, there are times when a regulation will, as a consequence to the benefit of the public good, inordinately burden a specific property holder. The nice thing about the Act is it's very similar to the Tort Claims Act of Florida and that it requires giving notice to the governmental body that this has occurred and giving some opportunity for the governmental body to examine what happened here and can we correct that. So it empowers city councils, county commissions to reexamine what have we done to inadvertently cause undue harm or the inordinate burden to this particular piece of property and what can be done to mitigate that so that we do not have what we would call a partial taking of their property rights. So there is the public good of it. Now, you're beginning to see proposed legislative changes to Bert Harris. And those don't bode well. One of the changes is to shorten the period from 180 days to 120 days. Government takes awhile to get things done, much less correct the things that they did badly. Shortening that time benefits someone who wants to go to litigation. And it doesn't benefit remedial actions. So I think this commission should be aware that the legislature is looking at something that I think may impair your ability to do something for the Page 273 April 8-9, 2008 benefit of the public. There was a case where someone attempted to assert sovereign immunity on the Bert Harris. The court didn't agree with it, but there is an amendment now that would eliminate sovereign immunity as a defense. It doesn't seem to make a whole lot of sense, except in the context of preventing, I think, unreasonable litigation by the government. I think that's an unreasonable position to assert that I can take somebody's land in excess of $200,000. Tough luck, I'm using sovereign immunity. The United States Constitution wouldn't let me do that if it was a total taking. And I think that the legislature is probably on the right track of that one, in terms of eliminating that spurious type of defense. But to tell you right now that sitting here as a County Attorney that we can protect your flanks at all times by reviewing an ordinance or development order and that you won't get a Bert Harris claim, that's folly. I just can't -- I can't accept it. There are too many talented attorneys out there that teach me as a defense lawyer the ropes because of their creativity, their ingenuity. And they're persuasive. They will persuade judges. So even your best efforts are not necessarily going to insulate you from these types of claims. COMMISSIONER HALAS: John. MR. TURNER: Commissioner Halas, to be a little more direct on answering the question the way it was phrased is: You better get better real estate appraisers than the property owner. Because that's how you beat them. That's one way we have been successful in defending Bert Harris claims in Lee County. We have had several. In fact, we have one now. It's over $60 million, the claim. It's as a result of Pine Island and some development restrictions that were imposed by the county commission at the -- at the behest of property owners -- long-time property owners and people who lived there, residents, as opposed to Page 274 April 8-9, 2008 some of the large property owners that perhaps wanted to develop in the future. So there have been some restrictions imposed. And that was the first thing we talked about at the Board was Bert Harris and they're going to come after us. Sure enough, they have. The claim is over 60 million. We feel we have a good case because of some real estate appraisal techniques and real estate appraisers that we are using in the case. And that's how we were successful in another case with a Bert Harris claim. It's not pro government, as you know. It does not protect the taxpayers. Right or wrong, it's for the property owner. And it's tilted that way. And you have to be aggressive in approaching it if you're going to view something that is going to impose these regulations and they -- when the property owner is bringing the real estate appraisal people and experts in to testify to it. That's how we've been approaching it in an aggressIve manner. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Okay. Commissioner Fiala, do you have any land use questions? COMMISSIONER FIALA: I already submitted, if you want to go back. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Right now, at the moment, I'm fine. CHAIRMAN HENNING: I want to give you a scenario. It's not a true scenario, but it does deal with the growth management plan and the land development code, also with -- Commissioner Halas brought up Bert Harris. And if I ask you, who did you start off with first? COMMISSIONER HALAS: I started off with Gary. CHAIRMAN HENNING: Okay. Here is the scenario. We have Page 275 April 8-9, 2008 a developer who we've had experience here in Collier County. He has cheated the residents who built previous projects. He's been dishonest to everybody. And, quite frankly, he's not really welcome. He comes to petition the Board of Commissioners for a project -- another project. It is a next year's project. Now, the Board feels very uncomfortable about this person and we deny him. We felt -- there is a motion and a second on the floor to deny him of his application. Now, our staff feels that his application is complete. They don't like this person either, but this application is complete because they feel it fits our growth management plan. Mr. Klatzkow -- Jeff, what -- what advice to the Board just prior to taking the vote? MR. KLATZKOW: Well, your question -- does the Board have evidence before it that he has cheated purchasers of properties of his? CHAIRMAN HENNING: No. It's just what the residents are telling us. MR. KLA TZKOW: Okay. Well, you would want the residents to come here and tell their stories to the Board that this particular developer has done this to me, this particular developer has done that tome. If you find that this particular development -- developer has been cheating the public, all right, you don't have to give him anything, all right? You're here to protect the public and it has to be a public purpose. If you find somebody out there who is a cheat and is taking advantage of people, I wouldn't give him a development order. Now, I would want to talk to the Board beforehand because my guess is that you would have had discussions with the residents beforehand and would know well in advance what the issue was. I would try to see what other criteria we could rely upon in order to deny this so it is not solely based on the residents. But at the end of the day, all right, we are not going to allow anybody into this county who is a known cheat. Why would we do Page 276 April 8-9, 2008 that? CHAIRMAN HENNING: Thank you. Mr. Spencer. MR. SPENCER: Wow. Here is your problem. This Board is constitutionally mandated to provide substantive due process to anybody and everybody who appears before it. What is that? Your conduct cannot be arbitrary. It cannot be capricious in denying them a property right. If you do that, the result is that you will be found liable by a federal judge in a civil rights action. You will be paying costs and attorney fees, which is far prohibitive than the right that was being violated. So you have to ask yourself, going back to the application: Does this application involve a question of any credibility as opposed to driving square pegs into square holes? Is there something in the application process that is complete on its face, but may entail some element of credibility of the person who is tendering that application? At that time it would be appropriate to then consider that application in light of the questions of credibility that are being raised by the community. And then you may be in a position to consider that application as not, quote, complete, closed quotes, because there is a question of credibility. Now, simply because somebody is unpopular and allegedly -- and that's what it would be without some proof, other than someone's opinion. Because everybody has a different opinion about whomever they're talking about. We can start with presidential politics and work our way down to local government. But to say that some local people feel they were cheated or the person was dishonest or they're not welcome requires at least some -- sorting some evidence out and then that evidence has to be relevant to this application. The process does not envision the notion that the Board of County Commissioners is some kind ofuber-flihrer that comes along and acts as the substitute for the sheriff and everything Page 277 April 8-9, 2008 else in land planning decisions. It may be that there are certain people out there that personally as a County Attorney or as an individual I wouldn't like or do business with. But if the application does not have anything to do with their credibility -- for example, they have the proper sponsors, they have the proper finances, they have all of that organized and that is locked in and everything is credible on its face and there is no credibility question, I suggest that you may be exceeding your constitutional authority to wreak retribution because of local citizen complaints. This is the tough part of your job. Sometimes you have to make decisions within the contours of what the law permits and not on the basis of popularity. So I'm not going to ever urge this Board exercise powers in the way that don't show some common sense, good judgment and some restraint, despite the unpopularity of somebody that appears before this Board. I won't do that. CHAIRMAN HENNING: Well, Mr. Spencer, with all due respect -- MR. SPENCER: Yes, sir. CHAIRMAN HENNING: Your five bosses here want to do different than what you're saying. How are you going to help us? MR. SPENCER: Well, that's exactly what I was talking about. I'm looking at this application as to whether it's vulnerable to being rejected on the grounds you cited. Ifit is, I'm going to tell you that. And that empowers you to make that decision because you're the policymakers. Ifit doesn't, I'm going to tell you that so that you can constrain your decision-making to within policies of the law. Because my job is not to make popular decisions that get you in trouble in a federal court. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: Yeah. I appreciate your honesty. Total honesty right upfront. It is commendable. Page 278 April 8-9, 2008 Of course, if we -- even if we make the wrong decision in the end, you would be there to defend us? MR. SPENCER: I'm pretty good at that. I have a good track record. I have won some cases I should have lost. COMMISSIONER COLETTA: You would still be there for us? MR. SPENCER: I have won some cases, I can tell you right now, I should have lost. COMMISSIONER COLETTA: True confessions, huh? MR. SPENCER: Well, I'm lucky that the other attorney underestimated me and overestimated himself. You know, there are good cases out there that people lose because they just miscalculate. Yes. The answer is yes. I mean, once you make a decision, my job is to lawyer up and do my devil of a best to protect that decision. CHAIRMAN HENNING: Thank you. MR. SPENCER: You're welcome, sir. CHAIRMAN HENNING: Mr. Turner. I believe you have some experience there. MR. TURNER: Yes, sir. Tom is absolutely right on. There are cases exactly on point of commissions and governing bodies making decisions involving property rights of people when they don't like the people and that's it. That's the only evidence they have in front of them. And as an attorney, we can advise you that's not a proper way to go through a land use or a property interest decision. You can do it, but you have to make the decision that is going to be rationally related to your function as a governmental entity. If you make that decision to deny the application based upon some rational relationship, you will be covered. You will win in court. But just because it is because of somebody's -- they don't -- they are not well liked or they are not respected, that's not rationally related to what governments do. You have to connect the dots and then you will -- you will win in federal court or state court, if they bring it to Page 279 April 8-9, 2008 state court. CHAIRMAN HENNING: Okay. Thank you. Mr. Glassman. MR. GLASSMAN: Yes, sir. Well, imagining this scenario, I would say that probably the developer, ifhe was defeated, would look for a petition for writ of certiorari in circuit court. And I don't want to bore you with all the legal mumbo jumbo there, but -- CHAIRMAN HENNING: Please don't. MR. GLASSMAN: I promise you. The one thing though that you would have to certainly show the court is that there was substantial, competent evidence for you to have made your decision. And the question is -- that I would probably be discussing with you: Is it enough if you have citizens who come in and scream and yell and say, "This guy is a crook. I don't like him"? That alone, probably not. That would not serve as a basis for you to make your decision. If they could come in and demonstrate a reasonable connection between their experience with this developer as a crook, as an untrustworthy person, and what is being asked of you, that might suffice as sufficient -- substantial, competent evidence. I might say to you, "Okay. I think you have a strong enough basis legally now to deny the application." Once having told you that, if you say, "I don't care, Gary. I'm just going to do this because that's what I want to do," that's fine. I mean, I have given you my advice. That's my job. I'm not telling you who how to vote. I would never tell somebody how to vote. I can just give you the legal implications for it. And if it turned out that there was a lawsuit, of course, that would be my job, as well. But I think in terms of the actual process, the question becomes: Is this evidence? It's an evidentiary one to some extent. Is the evidence that we have strong enough to give you the basis to deny this application? And that would be a matter of taking a look at what is Page 280 April 8-9, 2008 actually there. If we're just going to have people come in and say, "This guy is a crook," and sit down, that's not probably good enough. But if they can demonstrate that he's a crook, that is probably better and may be good enough. Thank you. CHAIRMAN HENNING: Thank you. I am done with my land use. Anybody have land use before you want to move into the other category? Florida experience. Florida law experience. Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have listened to the candidates all morning tell me about their Florida law experience and litigation experience. And they -- almost all of them have provided a -- substantial supporting documentation in their applications. I have absolutely no questions concerning their law experience and litigation experience. I would like to cover one additional issue related to growth management or land use, if you wouldn't mind. And then that's probably my final question. And this question relates to rezoning. Several of you have acknowledged that you're not land development attorneys or land use attorneys, but I would like to get your thoughts and opinions concerning the issue of rezoning. I would like to preface my question with just a brief explanation. It appears that when you rezone something you create a right to certain density or certain type of use. And that density or use has an impact upon our infrastructure needs. Typically governmental agencies tend to postpone those kinds of decisions until they get to the point of reviewing a development order or getting ready to issue a development order. My question to you is: Do you see anything in the law that would prohibit a county government from determining infrastructure impacts at time of rezone? Page 281 April 8-9, 2008 And so let's start in the middle with this one. Well, almost the middle, Mr. Klatzkow, and then we'll go to the right. MR. KLATZKOW: Clearly the easiest way to measure concurrency is on a development order, Commissioner. As you know, you may rezone a property and it may be many, many years until the developer actually breaks dirt. If you're asking whether or not it's appropriate to rezone a property if you already have, for example, an existing transportation failure along that road and that rezoning would be -- increase the density, then, yeah, we can do something about that. I think you can make that part of your criteria. Don't forget you have defined criteria in the land development code as to what you can and cannot look at with respect to a rezoning petition. If you want to put down that there are adequate facilities currently in place at the time of the rezone, you may get challenged on that. I don't know of any other county that does it, but it would seem to me to be a reasonable thing to look into. COMMISSIONER COYLE: Okay. Mr. Spencer. MR. SPENCER: I haven't -- I have only perused your land development code and your zoning code, so I can't answer that question. But the origin of your ability to do that reposes in your land development code and your zoning code. And you have to make provision in the organic law that you're applying so that everybody gets the same review and analysis as opposed to: We're going to deny you and all ofa sudden you have a Bert Harris problem. By legislating in this area, then you can take a look at that. That does not strike me as being an unreasonable governmental consideration. If they have a viable use for their property presently and they're seeking a special exception or a variance to either increase the density, then they are just like a new development that's coming to the community and they have impacts. But you have an obligation under Page 282 April 8-9, 2008 existent law today to properly process those claims. You can't sit on it as though it's a moratorium waiting to see what will happen, unless you have some organic statute or ordinance that allows you to look at that criteria and then make that decision either on an impact fee so that it compensates for what is about to take place or looking at it from the standpoint that the infrastructure is not there to allow this to go forward. And it all resorts back to: What is your enabling law to do it? You can't do it on a circuit court basis where you're using common-law development here. The courts are going to look to clear criteria that you use to use make the decision because that's how they review the decisions. So that's where you're going to have to start. And I don't know the answer to that because I haven't read your code. I have not read it in that detail to answer this question. COMMISSIONER COYLE: Thank you very much. Mr. Turner. MR. TURNER: Yes, sir. There are a couple of factors in addition to what has already been mentioned I think under Chapter 163. Would this be an owner, I guess, initiated rezoning versus a governmental rezoning initiated? COMMISSIONER COYLE: Owner rezone. MR. TURNER: DRIs mayor may not impact the development or proposed development. Ifthere's a DRI involved, I think it's pretty simple. You can get a lot of -- you can get a lot of help that way. Otherwise, you're going to have to rely on whatever your zoning statute provides in the ordinance, as far as future overlays and restrictions that you can impose. You're going to have some problems though with some case law out there that vested rights that the developer-owner may not have to go through with the development within that short period of time to make a claim for vested rights. So you have to look at that problem. Page 283 April 8-9, 2008 If it's a DR!, like you say, you have enough control over that. But on a local, smaller rezoning, then you have a couple of factors that you can work with and can hopefully be successful on them. COMMISSIONER COYLE: Thank you. Mr. Glassman. COMMISSIONER HALAS: May I ask this, in can? COMMISSIONER COYLE: Sure. COMMISSIONER HALAS: I think what we're trying to address here is to make sure that we're addressing concurrency. Because the citizens are very concerned about us -- making sure that we have concurrency on our road systems and, of course, some of the laws that are coming in effect. MR. TURNER: The concurrency problem under -- of course, under the state statutes that we addressed earlier, the -- under our comprehensive plans, the concurrency provision of our plans are pretty well detailed. I don't know how yours are because I haven't read your comprehensive plan. Lee County was one of the first approved by the state for the comprehensive plans back in the early -- '84, I believe. And so we have been -- we have lived with this a long time. And it's -- it is a problem. I mean, you have to face it. You have to deal with it in developments that are coming on line. That's a big part of it obviously. I don't know if that answers your question, but it has been addressed. We've addressed it and had to deal with it in Lee County. COMMISSIONER COYLE: Yes, sir. MR. GLASSMAN: All right. With a development order -- in understand your question correctly, a development order and its relationship to concurrency, I think that obviously it's a big issue. That's not saying very much about it, but it is. We dealt with it more in Orange County than we deal with it in Tampa because we're built up in Tampa. We're not -- you know, the Page 284 April 8-9, 2008 schools are there already by the county. The roads are there. We don't usually have to deal with that so much. But in Orange County we took a very strong stand on it. As I think I mentioned earlier, we litigated on some ofthe concurrency issues, especially on school, because the school board just couldn't keep building the schools that were needed for the development. To me, overall, they go hand in hand. You have to make sure that you have your roads, your schools, your infrastructure with your development. If you're not, then you need to slow up the development, which is what we did. And there was actually an order issued by the county mayor at the time, who is now our senator, Mr. Martinez -- Senator Martinez, who said, "No. We are not going to do it." It wasn't a moratorium. It was simply saying we are not going to do this until we are all on the same page. And it was delicately done and there were some challenges to it, but everybody agreed to it eventually. And it worked. I just think you have to kind of bring the developers in and make them understand that it goes beyond just putting up houses. You have to do more than that. Thank you. COMMISSIONER COYLE: Thank you very much. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yeah. You all have -- most of you have mentioned that your strong suit isn't land use issues and you're not land use attorneys. That's a -- that's some of the -- one of the major things that we face regularly are land use issues. What would you do to -- to offset the lack of experience in land use issues? I don't care wherever we want to start. Go ahead, Gary. MR. GLASSMAN: Well, there is a few things. One, I'm guided here a little bit by the experience of the City Attorney of Tampa, April 8-9, 2008 David Smith, who came in and didn't know much land use either. And some may say still he -- oh, I'm going to get in trouble for that one. He learned. I mean, we're -- all four of us, I would say, are certainly competent enough and intelligent enough to quickly enough pick up land use. We have some experience in it. I will speak only for myself. I have enough experience in it through litigation to know the bases. So I think quickly I could learn enough to become competent in it within a short period of time. In addition to that, I think any office of government needs a person who really is a dedicated land use attorney. And if -- I don't know whether the office has one right now that is up to speed and competent. I don't know. If they are, fine. That person is, great. If they are not and that's a necessity, that would be a first hire necessity. I think that there are certainly seminars that could be gone to. There are plenty of books that can be read. I know a number of good land use attorneys from places that I could immediately call upon to give me advice. I think my overall position would be to get out there and learn it myself as quickly as possible. Thank you. COMMISSIONER FIALA: Thank you. MR. KLATZKOW: I do know a few things about land use. But, you know, ifI'm the County Attorney, you need a topnotch land use person over your ship. You need somebody day to day working with the staff because it's over by the time you get the staff report, all right? What you need is somebody working with the staff from day one, quite frankly, to get you the best product at that point in time. It gives you latitude, by the way, to say yes or no. Because the staff report that simply says all the criteria have been met leaves you with very little choice and makes it rather indefensible. That would be my advice. And my advice would be that this land use person come from the development community. And I have Page 286 April 8-9,2008 a local forum that -- you want somebody who has gotten his fingernails dirty, somebody who understands what the developer needs and how the developer has evaded various regulations before. Somebody with real word experience. And it's not going to be easy to find, but I think that's what this -- this place needs. MR. SPENCER: I don't recall saying I didn't know anything about land use, so I'm not going to confess that I made any such speculation. My first exposure to land use is when some folks came along and cut down a political sign in my front yard. And I got pretty hot about it. And I went down to see the township manager and -- I still have the newspaper clippings of how harshly I spoke to them, but they ended up changing their land use rule about cutting down signs, and particularly my sign. It wasn't my candidacy. It was just somebody's sign I had up there and I was pretty offended. That's when I started getting a little orientation of land use because it affected me personally. I became more familiar with the concepts of land use when I came to Lee County. In fact, John Turner and I probably worked on the most significant case that ever arose in the political career or history in Lee County, so the newspaper said. I'm not sure about that. But, at any rate, it was a constitutional substantive due process, equal protection, inverse condemnation, Section 1983 land use road movement, center line, reservation of rights menagerie. And we were fortunate to have Tim Jones there to straighten both of us out. Between Tim Jones and his staff, I think that -- not only did John learn a lot, I learned a lot. I have built on that foundation. And the reality is this. You can't go into a court of law and prevail if you don't know what you're talking about. It is impossible. Now, you can -- you can, as a trial lawyer, learn these things to be effective in representing the client, but that doesn't mean that, as everybody has said here, things can't be learned. I think the question Page 287 April 8-9, 2008 is mastery. And no County Attorney remains a master in land use if they are a County Attorney because there are too many demands upon your time for client advice. You can't be there with the staff all the time. You have to be able to mentor people in litigation and make wise decisions in that area. You have to know the evolving law on many, many things. So land use is a dominant theme in your responsibilities. And the key is -- and I agree with Mr. Klatzkow here. Is that you better find very able people to support you and nurture them and keep them. That's the most important thing I think a County Attorney can do. Jim Yeager, who was a County Attorney for 30 years, was not a land use. Jim Bennett, who is now the County Attorney for Pinellas County, that is his backbone and his weaknesses are litigation and many other things. He will not remain an expert in land use in the fullness of time because the demands on his other responsibilities as a County Attorney. So this is one where you really have to educate, stay on top, but you have to surround yourself with competent people. I will give you an example of what I'm talking about. Just finished attending a seminar. Just like every trial I have, I have a trial book. This is my briefing book for this -- this session today. There is my nice current land use update. I have gone through and highlighted all the key stuff that relates to zoning and land use process, Senate Bill 360. This is what you do as a County Attorney. You have to be a generalist. There are things that you will focus on one day, one month, one quarter that you may not do the next quarter. You may have what we call the company store lawsuit. The reality is, as I was told in Lee County when John and I worked on one case, is if we lost that case, three commissioners would lose -- they wouldn't stand for election very long and they would lose. Page 288 April 8-9, 2008 The County Attorney would lose his job. The Deputy County Attorney would lose his job and, most assuredly, he and I would lose our job. And there was the County Attorney. He wasn't working on land use. He was working on company store litigation. That's the nature of the County Attorney. So you have to be able to hit the deck running. You have to be able to say: I'm deficient here. I have to learn this. I have to learn it now, okay, to meet the challenges of this job. But at the end of the day with something that's so core and essential, this is where you have to develop, I think, a strong department. And that's why I was looking at this management system that you have currently. You may have a litigation section and a land use section that is organized in that fashion because that's the gravity of what's going on in this office. And that's subject to change in the future date if things change, but you have to be flexible. And so land use is a bill component. I'm not going to tell you I'm an expert and a master at land use, but I sure know my way around a courtroom. And I think I know my way around a boardroom. And if I don't, I'm going to tell you. I'm not going to shoot from the hip. I'm not going to speculate. And I'm not going to get you in trouble by doing something dumb like that. I don't do it with the circuit judges and I don't do it to County Commissioners. MR. TURNER: Well, my background from trial work is more related to constitutional issues, personal injury issues. But lately it sure has been land use issues. Zoning, which I have some background in from business days. To everything from zoning/rezoning cases down to an inverse condemnation and condemnation case involving a prescriptive easement, which is something that goes back to real estate 101 in law school. I, too, have a book on zonings and the seminars and all this fabulous information that I keep with me, along with my constitution, Page 289 April 8-9, 2008 so that I can refer to it when these matters come up. But we do have an outstanding land use section in our office. And that is very important in any county or government office in Florida, particularly one growing like this one. In fact, I would make sure that any county meetings -- county board meetings that the land use chief sits right up here with the County Attorney. So that the County Attorney, ifhe or she can't answer their question, you have your land use attorney chief sitting right there and give the response necessary or whatever is necessary to answer the question. I think it's important. As well as having your litigation attorney involved in the case close by, too. COMMISSIONER FIALA: Thank you. MR. TURNER: You're welcome. CHAIRMAN HENNING: Is that it? Commissioner Coletta. COMMISSIONER COLETTA: I have no more questions. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I don't have any more questions at this time. CHAIRMAN HENNING: I only have -- I only have one question. And it's just for Mr. Spencer. MR. SPENCER: Yes, sir. CHAIRMAN HENNING: The court case Lee County versus Black -- MR. SPENCER: That's an eminent domain case. CHAIRMAN HENNING: It was eminent domain for like a road or something. MR. SPENCER: Pondella. Pondella -- Parkway I think it is. MR. TURNER: Pondella Road. CHAIRMAN HENNING: Okay. MR. SPENCER: That was just a right-of-way taking that widened the Pondella Road project in North Fort Myers. Page 290 April 8-9, 2008 MR. TURNER: You were on that? MR. SPENCER: Yeah. I was second chair. I was hawking John to see ifhe was doing his job right. CHAIRMAN HENNING: I'm complete, too. So, I guess, we're ready to fill out our score sheets. COMMISSIONER COLETTA: Comment, if I may. CHAIRMAN HENNING: Thank you. Please. Yes. COMMISSIONER COLETTA: Thank you. I didn't know if you were addressing me or someone else. Ijust wanted to ask if we really want to go with percentages points going across. I would much rather just be able to pick my first choice. The problem with this is like the electoral college against the popular vote. You could have three commissioners that could grade one person number one and only give them a score of75, two commissioners could grade the other one that are below 75 to the point where you have a higher score for the second choice. I would just prefer to be able to state first preference and be able to go down the line, rather than come up with a scoring criteria. CHAIRMAN HENNING: Well, I'll tell you, I already went with the percentages in each of the categories. I have to figure out how I score that. I thought that's what we were going to do. Commissioner Fiala. COMMISSIONER FIALA: Yeah. You know, I was worried about that same thing because I know that each one of us scores differently. And a lot of times you will score a high 30 and I'm thinking -- I think I'm giving them a high at 25 and so -- but we're both thinking they're the highest. So I think it might be a good idea to score one, two, three, four. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: I thought that's what we were going to do. It was my understanding we just use this to help us decide what Page 291 April 8-9, 2008 our one, two, three and four are going to be. MS. SIMS: I was getting ready to say. To be honest, at this stage I think you would feel most comfortable sharing probably just number one and two with -- from each of the commissioners and seeing where we land with that. And if there is a need to go further, we can and come to a consensus. As a consultant, you know, my job is to make sure at the end of the process that you end up with, you know, a -- the County Attorney that you all are most comfortable with, the best one for your organization. I recommend, you know, at the conclusion coming up with the top one that you would like and also a reserve. COMMISSIONER COYLE: So, ifI understand correctly, this is just for our help to decide what our number one is going to be. You can rank them however you like to rank them. And then whoever comes out on top will be your number one and then you will see how many number ones of that same name we have. And the one that gets the most votes is the one that gets it. COMMISSIONER FIALA: This is -- I wish -- you guys were all so good. COMMISSIONER COYLE: Like I said, I would rather hire all four of them and get it over with. MS. FILSON: I also believe, Commissioners, ifI may interject, that you will need to write your name on the top of that. We need to provide that to minutes and records. COMMISSIONER HALAS: Okay. Should we take a ten-minute break to sit in our office and go through this or do you want to do it right here? CHAIRMAN HENNING: Yeah. I'm going to add mine up, if you don't mind. If you guys want to continue-- COMMISSIONER COYLE: Yeah. Ifwe can go into recess and take a little time to do it. I would rather do it right here in front of the public so that they'll know we didn't -- Page 292 April 8-9, 2008 COMMISSIONER COLETTA: I'm already done. COMMISSIONER COYLE: Who did you vote for? COMMISSIONER HALAS: That's it. COMMISSIONER COLETTA: Pick two or four? I'm sorry. We still haven't arrived at that. I like the idea of two. COMMISSIONER FIALA: So we get two choices? CHAIRMAN HENNING: You want your top choice. MS. SIMS: And your second choice. CHAIRMAN HENNING: And your second choice. If you -- MS. SIMS: Again, that is going to be the most relevant for making your decision. If you want to detail all -- your one, two, three, four, that's fine. But for selecting the County Attorney, typically it's going to be number one or number two. MS. FILSON: I don't know if you -- I have made a sheet so that I can put your numbers on here and add them up. It's up to you. You tell me how you want to do it. COMMISSIONER COLETTA: I prefer one and two. I think that's the best idea. CHAIRMAN HENNING: That's fine. Can you use the -- can you use this scoring sheet? COMMISSIONER COLETTA: Yeah. I already did it. CHAIRMAN HENNING: One and two. MS. FILSON: Okay. CHAIRMAN HENNING: We are going to be on a ten-minute recess so Sue Filson can add up the scoring. Is that good enough, Commissioners? COMMISSIONER COYLE: Yeah. That's fine with me. I might need more than ten minutes though to pull all that stuff together. CHAIRMAN HENNING: That's-- MS. FILSON: So I'm not going to add the scores up while you're on break; you're going to go on break and do it? COMMISSIONER HALAS: That's what I wanted to do. Page 293 April 8-9, 2008 CHAIRMAN HENNING: We're going to hand it -- we're going to hand it in to you and then -- my understanding is you're going to compile all of the commissioners' ones and twos. MS. FILSON: Okay. COMMISSIONER HALAS: What I want to do is sit down at my reference table and go through all the notes that I've been taking. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: I didn't mean to interrupt. COMMISSIONER HALAS: And then come in here and hand my results to Ms. Filson. MS. FILSON: I have an Excel spreadsheet, so I can type them in and get the results. CHAIRMAN HENNING: Yeah. Well, we're going to need more than ten minutes. COMMISSIONER HALAS: Whatever it takes. CHAIRMAN HENNING: No, you're going to need more than ten minutes. Commissioner Coyle is going to need more than ten minutes. And so what do you think about a 20-minute break and then hand everything in to Sue during the break and come back and we'll find out what the results are. MS. FILSON: Okay. And how long are we taking? CHAIRMAN HENNING: Twenty. COMMISSIONER COLETTA: One point. CHAIRMAN HENNING: Is 20 good for you, Commissioner? COMMISSIONER COLETTA: Yeah. I think probably -- to make sure we're politically correct here and won't have any repercussions later, anything that you wrote on, any kind of notes should also be turned in. COMMISSIONER HALAS: Oh, yeah. COMMISSIONER COYLE: It's all part of the official record. MS. FILSON : Yes. I have to turn it into minutes and records. Page 294 April 8-9, 2008 CHAIRMAN HENNING: Okay. (A recess was held from 1:50 p.m. until 2:18 p.m.) CHAIRMAN HENNING: Before we go to the scoring, there hasn't been any public here, but I think it is proper to ask ifthere are any public speakers. MS. FILSON: Mr. Chairman, I have no public speakers. CHAIRMAN HENNING: Then I think it's all yours, Sue. MS. FILSON: I'm going to turn it over to Andrea and she is going to give you the final scores. MS. SIMS: Okay. We were trying to do it in a simple fashion, asking for the one and twos. And I think it speaks to the quality of the candidates because as a result of the scoring, we have for -- in the number one spot, we have two votes for Mr. Klatzkow, one vote for Mr. Glassman, and two votes for Mr. Spencer. For number two, we have three votes for Mr. Turner, one vote for Mr. Spencer and one for Mr. Glassman. So we don't have a clear -- we don't have a clear decision for the number one spot. I had suggested that you submit your ones and twos to make it easier. And it looks as though instead -- a couple of you had already turned in all your rating sheets for everyone so we could easily do the one, two, three, four. Unless there is another suggestion, we could just get your one, two, three, fours and go back into session to make sure that we find out what the lowest score is on those, give that to you, and make sure that there is comfort level with the decision that comes out. CHAIRMAN HENNING: Well, I think that you can work with what you have. You have -- take the five highest and then you have the -- our seconds and just combine them all and you should be fine with the one and two. Could you do that? You have two for Spencer, two for Klatzkow, and one for Mr. Glassman. Page 295 April 8-9, 2008 MS. SIMS: Uh-huh. CHAIRMAN HENNING: Our second one you have who? MS. SIMS: Three for -- three for Turner, one for Spencer, and one for Glassman. CHAIRMAN HENNING: Klatzkow? MS. SIMS: Glassman. COMMISSIONER COLETTA: Glassman. CHAIRMAN HENNING: Glassman for the second one? MS. SIMS: Uh-huh. CHAIRMAN HENNING: There isn't clear direction. MS. SIMS: That's why -- that's why I thought we had -- because typically you can -- a lot of times you can get to the answer in this fashion. I think we have to go deeper and do the one, two, three, four. COMMISSIONER COLETTA: Or if I make a suggestion. What would be the two highest? It would be Klatzkow and Spencer, right, according to the number one choice? Can you just eliminate to that two and see how it goes? MS. SIMS: That's fine. CHAIRMAN HENNING: I agree with Commissioner Coletta. Are you okay with that? COMMISSIONER COYLE: I'm okay. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Well, I could be dragged there, I guess. I would -- I had other thoughts, but ifthat's the majority of the Commissioners. COMMISSIONER HALAS: What is your thought? COMMISSIONER FIALA: Well, you know, I have been very concerned about how everybody will work with our staff. I have heard from the -- feedback from a number of areas and I was Page 296 April 8-9, 2008 concerned with that, as well. And so I was probably going in a different direction than you guys. COMMISSIONER HALAS: Let's hear it. I'm willing to hear what your thoughts are. COMMISSIONER FIALA: Just flat out I -- CHAIRMAN HENNING: Commissioner, I think I've heard the same thing that you -- what you have heard. The one thing that nobody has the pleasure of is how the others will recept. And there are going to be changes. There is no question about it. COMMISSIONER FIALA: And there needs to be, yes. CHAIRMAN HENNING: And I think that was the direction-- COMMISSIONER FIALA: I think a positive approach. That's what I was looking for. A positive approach, not a negative approach. I was looking for -- because I feel you can advance so much further when you have a positive approach to anything. Rather than looking for the things that are wrong, looking for the strengths and expanding upon your strengths and using them to your advantage. Knowing where you must weed and do it in a positive, but also in somewhat of a gentle way. I don't know the word to use right this very minute. Because I think that everybody in the department and other departments need to know that there is some caring that goes on in there. And they need to feel that they are not being targeted or anything. So that was my concern. But if I'm in the minority here, you know, you guys can outvote me. CHAIRMAN HENNING: I think you are the minority. COMMISSIONER FIALA: I am, aren't I? CHAIRMAN HENNING: Commissioner Coletta and Commissioner Coyle. COMMISSIONER COLETTA: Once again, what I suggest we do with the end round -- we have two people. Rather than somebody nominating someone, which may give an unfair advantage, we do a Page 297 April 8-9, 2008 simple little tear-off piece of paper, put our name on it, pass them on down what it is. So that no one feels intimidated by what is taking place. I am sure no one wants to be on the wrong end of this vote, but I think we should vote our conscience and shouldn't be influenced by any external forces. COMMISSIONER FIALA: I think we did that. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Why don't we do what you suggested we do just a minute ago and that's to take the two highest vote getters and decide between those. COMMISSIONER COLETTA: And that would be -- MS. FILSON: Jeff Klatzkow and Tom Spencer. COMMISSIONER COLETTA: Yeah. I have no problem with that, but Commissioner Fiala still has an objection to that. COMMISSIONER COYLE: Well, here is my problem. I don't know what Commissioner Fiala is talking about, but it -- you can't -- I don't think you can make a determination about what is going to happen in the County Attorney's office until you choose a County Attorney. Will somebody leave? You bet. I would be willing to bet -- any one of these four gentlemen that we select somebody is going to leave. Probably several people are going to leave. Because the County Attorney's office needs to be upgraded. And they might be people that any of us might be surprised at, but it's the County Attorney's responsibility. So we can't really make decisions about what is going to happen within the County Attorney's office if we select this one or that one or that one. We have no control over there really. COMMISSIONER FIALA: Well, we actually do. We actually do because it depends on who we pick and what their attitude is and what the morale will become as to the final outcome, right? Page 298 April 8-9, 2008 COMMISSIONER COYLE: No. What I'm saying to you is: You have no idea from any of these four gentlemen sitting in front of us, when they review the staff which ones they are going to decide they want to keep and which ones they decide they want to -- COMMISSIONER FIALA: No. And I wouldn't think to second-guess anybody. That isn't the point at all. I'm not trying to protect anyone person or any people. They have to do what they think is the right thing to do for the department. We all know that changes are going to be made. That's fine. We all know that things need to be changed. That's fine, too. I'm just trying to think what morale will be. Don't forget I'm coming from a point of view -- well, a psychological point of view. What morale will be, what cooperation will be, how people will be working together. If they will be having a positive approach, if the office will be -- how do I want to say? A togetherness type of a team effort or whether people will be walking on eggshells because they are worried about what -- their next move. CHAIRMAN HENNING: Commissioner, I can assure you if the office is not run well we are going to have a different County Attorney. And, remember, each year we can grade the County Attorney. COMMISSIONER FIALA: I would like to do it right the first time though. CHAIRMAN HENNING: I understand. I understand. Commissioner Halas. COMMISSIONER HALAS: Yeah. I think if we all-- we interviewed all these people. First of all, I think we had an excellent group of candidates. And I think that as we -- this thing has unfolded today, there should have been some strong leadership abilities that came forth from these candidates. And I am sure they are going to do the right thing. Page 299 April 8-9, 2008 It's just like when the board of directors picks a CEO for their corporation. You hope that you're doing the right thing. And I think that the process that we went through today we have a group of candidates. Now, whether we stay with the two top or weed it out and just vote for the three that are left, that's a possibility, too. We decided that there is one that may be the fourth. So the top three, go from that area. CHAIRMAN HENNING: Okay. Commissioner Coyle suggested that we take down two and choose from the top two. COMMISSIONER COYLE: I thought that was the decision you made earlier. CHAIRMAN HENNING: I thought so, too. COMMISSIONER COLETTA: I agree with the top two. CHAIRMAN HENNING: I thought that's what we did. So we are kind of deviating from it. COMMISSIONER HALAS: I am just trying to go a little -- see if we could open it up a little bit and make sure that we're looking at all aspects here, but -- CHAIRMAN HENNING: We have a consensus by the majority that we are going to choose the top two. What we can do is -- each and every one of you has a piece of paper in front of them. So I ask you to write your name on it and I want you to choose the number one position and the number two position. MS. FILSON: Do you need paper? CHAIRMAN HENNING: No. Take your time. Has anybody heard any good attorney jokes? MR. TURNER: I have. MR. SPENCER: I won't repeat them in public though. There is one about cement. Have you heard that? CHAIRMAN HENNING: Fishing? MR. SPENCER: It's: What is wrong with this picture? There is Page 300 April 8-9,2008 an attorney up to his neck in cement. Shortage of cement. COMMISSIONER COYLE: There is another one. What do you call five attorneys at the bottom of the ocean? MR. SPENCER: Not enough. COMMISSIONER COYLE: A good start. Still nothing? MS. SIMS: Elected officials are so interesting, okay? You ask them to do something and they do what they want to do. COMMISSIONER COYLE: It's like trying to herd cats here. MR. SPENCER: I can tell you some stories that would just astound you. I got into Italy and it turned out that the attorney had another attorney working on the case. It turned out it was a London notary. It wasn't an attorney. I asked them three purposes of cross-examination and it was like a deer in headlights. So they said, "We don't do cross-examination in Italy." I'm like, "What?" He was telling the truth. I could not believe it. The only cross-examination is in criminal cases. We had an American arbitrator, so he says he's going to allow cross-examinations. "Don't do it. Don't do it." I said, "Well, what do you mean?" He said, "The rule in Italy is the more you talk, the more you lie. The one who talks the least is lying the least and wins." We lost this case. I couldn't believe it. And then I later saw a documentary on some lady that was trying to repair her home in Venice who is an American. And she said, "The more I go to the government and apply and the more petitions, the more they delay because the more they are accusing me of lying." And it says it is just like a counterculture. I don't know how you can engage your brain into that understanding. It is just -- it just astounded me. And it was an American arbitrator. And he was right Page 301 April 8-9, 2008 on the same way. He was a papacy expert. Spoke five languages. An interesting guy. When I asked the lawyer, "Why aren't you covering the trial?" COMMISSIONER COYLE: What is going on? MS. FILSON: I am waiting for-- COMMISSIONER FIALA: She is waiting for me. She is waiting for me. COMMISSIONER COLETTA: Did you want to take a small break, Donna, and go to your office? COMMISSIONER FIALA: No. MS. FILSON: Do you want to announce it? CHAIRMAN HENNING: Okay. Are we ready? MS. SIMS: Uh-huh. Yes, we have a majority. We have three votes for Jeff Klatzkow and two votes for Tom Spencer for the number one spot. CHAIRMAN HENNING: Okay. I will entertain a motion to offer Mr. Klatzkow the -- MS. SIMS: For us to -- well, he is already an employee. Again, being the recruiter that I am, we typically ask for permission to -- you know, to have contract negotiations, if you want us to do the contract negotiations. That would be the question whether you want us to work with that -- you know, the County Attorney's office or if you will handle internally. That would be the only question. CHAIRMAN HENNING: What is the pleasure of the Board? COMMISSIONER COYLE: I would prefer that the consultant handle the contract negotiations and approve -- CHAIRMAN HENNING: Did you want the Chairman to work with the consultant contracts before -- usually happened with like County Manager Jim Mudd, happened with the County Attorney's office and the Chairman or just leave it up to the consultant? MS. SIMS: Well, no. We would be working with your office. Page 302 April 8-9, 2008 That would be the only thing. Typically -- again, because it is -- because it is internal, the likelihood of things falling apart is smaller. But we usually ask for permission to enter into -- you know, to start the negotiations, pending approval, bring that back to you. If negotiations were to break down, then we would notify you and have permission to go to the second person. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: I think it would be nice if you sat in. You're good at contracts. It's a strong suit of yours. So if you feel that you want to be a part of that -- I mean, I don't know that that is the proper way to go. But if you feel you want to be a part of it, I think you would be a good representative. CHAIRMAN HENNING: I want to do what the Board wants me to do. That's all I want. COMMISSIONER FIALA: That's my vote. CHAIRMAN HENNING: Commissioner Coletta. COMMISSIONER COLETTA: I have no problem with you overseeing part of the -- with your advice and everything. We can get the advice from the consultant and you can add your bit to it. It is going to come back to the commission. CHAIRMAN HENNING: Absolutely. Anything else? Let's -- can we have a vote to have the consultant work with the County Commission office to work up a contract offer to Mr. Klatzkow. And if that fails, which it shouldn't -- MS. SIMS: It shouldn't. CHAIRMAN HENNING: -- work with the second candidate. COMMISSIONER COYLE: Sure. CHAIRMAN HENNING: Motion by Commissioner Coyle. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Seconded by Commissioner Coletta. Any discussion on the motion? Page 303 April 8-9, 2008 (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. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Gentlemen, thank you. MR. SPENCER: Thank you very much. CHAIRMAN HENNING: I need a motion and a second to adjourn. COMMISSIONER COLETTA: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There is a motion by Commissioner Coletta and a second by Commissioner Fiala. 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. MS. FILSON: Commissioner Henning, do you have a specified date when you want this to come back before the Board? CHAIRMAN HENNING: No. ****Commissioner Coletta moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Page 304 April 8-9, 2008 Item #16Al FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR OLDE CYPRESS, TRACT 9 - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A2 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MEDITERRA, PARCEL 102 - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MEDITERRA, PHASE THREE EAST - UNIT ONE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A4 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR MEDITERRA, PARCEL 125 - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A5 RESOLUTION 2008-81: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF CEDAR HAMMOCK; WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W /RELEASE OF THE Page 305 April 8-9, 2008 MAINTENANCE SECURITY Item #16A6 PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V STPETIM RAMKU, CASE NO. 2005120195 - IN THE AMOUNT OF $1,500 (WITH THE REMAINING FINES OF $14,228.80 FORGIVEN) Item #16A7 RESOLUTION 2008-82: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF STRATFORD PLACE (WHIPPOORWILL WOODS PUD); THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A8 RESOLUTION 2008-83: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA, PARCEL 101; WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A9 Page 306 April 8-9, 2008 RESOLUTION 2008-84: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA, PARCEL 101A; WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED -W/RELEASE OF THE MAINTENANCE SECURITY Item #16AI0 RECORDING THE FINAL PLAT OF NAPLES MOTORCOACH RESORT, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO FINAL APPROV AL LETTER Item #16All RELEASE AND SA TISF ACTION OF LIEN FOR A COMPROMISE AND SETTLEMENT OF THE CODE ENFORCEMENT LIEN AMOUNTS, IN THE CODE ENFORCEMENT BOARD ACTION ENTITLED COLLIER COUNTY V ROBERT LOCKHART; CEB CASE NO. 2004-26 - IN THE AMOUNT OF $29,575 Item #16A12 RESOLUTION 2008-85: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PARCEL 102 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING Page 307 April 8-9, 2008 PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A13 PROJECT REVIEW AND INSPECTION FEES BASED ON ACTUAL TIME SPENT REVIEWING AND INSPECTING DRAWINGS FOR THE EMERGENCY EXIT/ACCESS ROAD PROPOSED BY THE FEDERAL HIGHWAY ADMINISTRATION, FROM 1-75 INTO THE BIG CYPRESS PRESERVE - ON THE NORTH SIDE OF INTERSTATE 1-75 AT MILE MARKER 88, APPROXIMA TEL Y 8.2 MILES WEST OF THE SR 29 INTERCHANGE Item #16A14 - Moved to Item #10G Item #16Bl BUDGET AMENDMENT TO RECOGNIZE CARRY-FORWARD IN THE AMOUNT OF $173,986.40 AND TO RECOGNIZE ADDITIONAL REVENUE FOR THE COLLIER COUNTY TRANSPORT A TION P A THW A YS PROGRAM IN THE AMOUNT OF $333,356.82 FOR PROJECT NO(S). 600501, 601202 AND 690822 - FOR THE FUTURE CONSTRUCTION OF REQUIRED SIDEWALKS/BIKE PATHS AND BIKE LANES BY THE COUNTY Item # 16B2 RESOLUTION 2008-86: AUTHORIZING A SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO FORTY MILES PER HOUR (40 MPH) ON NORTHBROOKE Page 308 April 8-9, 2008 DRIVE FOR THE SECTION 200 FEET NORTH OF MILLCREEK LANE NORTH TO ITS TERMINUS AT QUAIL WEST DEVELOPMENT - FOR A DISTANCE OF 1.6 MILES WITH PROPER SIGNAGE BEING ERECTED Item #16B3 RECOGNIZE AND ACCEPT REVENUE FOR COLLIER AREA TRANSIT IN THE AMOUNT OF $9,264.05 AND TO APPROVE NEEDED BUDGET AMENDMENTS - FOR THE REPAIR OF A DAMAGED BUS SHELTER LOCATED ON US 41 AND 99TH STREET Item #16B4 BUDGET AMENDMENT TO RECOGNIZE REVENUE RECEIVED FOR TRAFFIC ACCIDENT REIMBURSEMENTS IN THE AMOUNT OF $33,871.23 AND APPROPRIATE WITHIN EACH FUND CENTER - FOR SERVICES RELATED TO THESE INCIDENTS Item #16B5 A BUDGET AMENDMENT RECOGNIZING THE TRANSFER OF FUNDS FROM SEVERAL PROJECTS IN THE COLLIER COUNTY TRANSPORTATION PATHWAYS PROGRAM TO ONE SOLE PROJECT, NO. 690811, IN THE AMOUNT OF $1,015,643.81 - FOR THE FUNDING OF SIDEW ALKS/P A THW A YS AND BIKE LANES Item #16B6 Page 309 April 8-9, 2008 ST AFF TO BRING BACK AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 97-82, AS AMENDED, THE BA YSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, REMOVING ALL REFERENCES TO THE WORD "A V ALON" FROM THE TITLE OF THE MSTU AND THROUGHOUT THE ORDINANCE - TO INCREASE MEMBERSHIP ON THE MSTU'S ADVISORY COMMITTEE FROM FIVE TO SEVEN MEMBERS AND TO DELETE ANY REFERENCE TO "AVALON" SEEING THAT THERE IS NO GEOGRAPHICAL REFERENCE TO THAT TITLE EXISTING WITHIN THE BOUNDARIES OF THE MSTU Item #16B7 REJECT BID NO. 08-5016 "ON-CALL LANDSCAPE AND IRRIGATION SERVICES" - STAFF WILL REISSUE A MODIFIED RFP Item #16B8 BID #08-5053 "GOODLETTE-FRANK ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) M.S.T.D ANNUAL MAINTENANCE CONTRACT" TO CARIBBEAN LAWN & GARDEN OF SW NAPLES FL, INC., IN THE AMOUNT OF $61,638.75 (FUND 111 COST CENTER NO. 163860 - FOR APPROXIMA TEL Y FOUR MILES OF LANDSCAPING AND IRRIGATION Item #16B9 BID #08-5054 "GOLDEN GATE BLVD. PHASE 1 (951 TO 29TH STREET SW), PHASE 2 (29TH STREET SW TO 13TH STREET Page 310 April 8-9, 2008 SW) AND 13TH STREET SW (CHICANE MEDIANS) ANNUAL MAINTENANCE CONTRACT" TO RENFROE & JACKSON, INC., IN THE AMOUNT OF $102,470.25 (FUND 111 COST CENTER 163815) - FOR APPROXIMATELY FOUR MILES OF LANDSCAPING AND IRRIGATION Item #16B10 PURCHASE AGREEMENT FOR THE PURCHASE OF 0.583 ACRES OF UNIMPROVED PROPERTY, REQUIRED FOR THE SIX-LANING OF DAVIS BOULEVARD (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO. 60073). ESTIMATED FISCAL IMPACT: $125,000.00 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B11 BID # 08-5055 "THE PURCHASE AND DELIVERY OF FERTILIZER" TO AGRILIANCE (D/B/A PROSOURCE ONE) AND FLORIKAN ESA CORP., AS FERTILIZER PROVIDERS AT AN ESTIMATED ANNUAL EXPENDITURE OF $200,000.00 Item #16B12 - Moved to Item #10D Item #16B13 AN AMENDMENT TO THE DEVELOPER'S CONTRIBUTION AGREEMENT (DCA) RECORDED IN OFFICIAL RECORDS BOOK 4187, PAGE 2310, BETWEEN WATERWAYS JOINT VENTURE VII (DEVELOPER) AND COLLIER COUNTY (COUNTY), TO AMEND THE CLOSING DATE AND DEFINE THE MITIGATION AND SEVERANCE TERMS DUE TO THE Page 311 April 8-9, 2008 ONGOING PERMITTING DELAYS ASSOCIATED WITH THE DAVIS BOULEVARD WATER MANAGEMENT PERMIT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B14 PURCHASE OF 2.5 ACRES OF IMPROVED PROPERTY (PARCEL NO. 1510) WHICH IS REQUIRED FOR ROAD RIGHT- OF- WAY FOR THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT, PROJECT NO. 60168. ($400,800) - LOCATED AT 1110 EVERGLADES BLVD NORTH; GOLDEN GATE ESTATES, NAPLES, FLORIDA Item #16C1 THE ADVERTISEMENT OF AN AMENDMENT TO ORDINANCE 97-33 "COLLIER COUNTY CROSS CONNECTION CONTROL ORDINANCE" - ADDRESSING CONDITIONS THAT HAVE CHANGED, INCLUDING NEW REGULA TORY REQUIREMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 RIGHT OF ENTRY REQUIRED FOR ACCESS TO MASTER PUMP STATION 317, AT A RECORDING COST NOT TO EXCEED $10.00, PROJECT #730841 - FROM THE PROPERTY OWNER OF THE LINKS OF NAPLES (NAPLES GOLF DEVELOPMENT, LLC Item # 16C3 Page 312 April 8-9, 2008 THE ACQUISITION OF A 10-FOOT BY 213-FOOT UTILITY EASEMENT, LOCATED AT 4737 TAMIAMI TRAIL EAST; AT AN ESTIMATED COST NOT TO EXCEED $8,200, PROJECT NUMBER 730451 - IN THE VICINITY OF CATALINA DRIVE Item #16C4 A UTILITY EASEMENT REQUIRED FOR MASTER PUMP STATION #304 AT EAST NAPLES COMMUNITY PARK AT A RECORDING COST NOT TO EXCEED $27.00, PROJECT #739701- TO BUILD A SPILL CONTAINMENT AREA FOR THE PUMP STATION (FOLIO NO: 0039568009) Item #16D1 A LIEN AGREEMENT WITH BEATRICE LOUIMARE AND LUTHERKEN LOUIMARE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 111, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D2 A LIEN AGREEMENT WITH JONEL SENA T AND MICHELINE SENA T (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 25, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D3 Page 313 April 8-9, 2008 A LIEN AGREEMENT WITH JEAN-JACQUES SEIDE AND MARIE SEIDE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 48, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item #16D4 A LIEN AGREEMENT WITH MARIE JOUISSANCE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 179, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item #16D5 A LIEN AGREEMENT WITH ROGER BOLIVAR AND LOMENE BOLIVAR (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 177, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item #16D6 A LIEN AGREEMENT WITH MELISSA SCOTT (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 113, LIBERTY LANDING, IMMOKALEE- FOR A DEFERRAL OF $12,442.46 IN IMPACT FEES Page 314 April 8-9, 2008 Item #16D7 A LIEN AGREEMENT WITH ULRICK LIBERUS (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 56, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item #16D8 A LIEN AGREEMENT WITH SUEKO NAKASONE HOLLAND (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 106, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D9 A LIEN AGREEMENT WITH MARIE MARLENE ROC HER (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 37, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D10 A LIEN AGREEMENT WITH JESUMENE JULES (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCA TED AT LOT 54, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Page 315 April 8-9, 2008 Item #16D11 A LIEN AGREEMENT WITH RA YE LLOYD AND A VRIL CARR (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT VISTA III AT HERITAGE BAY, UNIT 1406, NORTH NAPLES - DEFERRING $19,411.94 IN IMPACT FEES Item #16D12 A LIEN AGREEMENT WITH BABETT MOSER (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT VISTA III AT HERITAGE BAY, UNIT 1401, NORTH NAPLES - DEFERRING $17,104.22 IN IMPACT FEES Item #16D13 A LIEN AGREEMENT WITH CIDOUANE BAZILE AND EDRINE ANDRE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 105, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D14 A LIEN AGREEMENT WITH MISS DENIE CHARLES AND JEAN FORTILUS (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT Page 316 April 8-9, 2008 55, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item # 16D 15 - Approved on Consent; Motion to reconsider - Approved; Motion to continue to the April 22, 2008 BCC Meeting - Approved A LEASE AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. FOR SPACE TO ACCOMMODA TE THE HOUSING AND HUMAN SERVICES SENIOR NUTRITION PROGRAM AT THE ROBERTS CENTER, LOCATED AT 905 ROBERTS AVENUE IN IMMOKALEE FOR AN ANNUAL COST OF $12,000. THE COST OF THIS RENTAL WILL BE PAID FROM OLDER AMERICANS ACT GRANT FUNDING - PROVIDING SENIORS WITH NUTRITIOUS MEALS WHILE ENCOURAGING SOCIALIZING AND PARTICIPATING IN GROUP ACTIVITIES Item #16D16 A REQUEST BY THE MARCO ISLAND HISTORICAL SOCIETY TO NAME IN PERPETUITY THE NEW COUNTY -OWNED MUSEUM TO BE CONSTRUCTED ON MARCO ISLAND AS THE MARCO ISLAND HISTORICAL MUSEUM - AS A REQUEST BY JON AND SONJA LAIDIG WHO HAVE MADE A SUBSTANTIAL FINANCIAL CONTRIBUTION Item #16D17 RESOLUTION 2008-87: ACCEPTING AND A FEDERALL Y- FUNDED 2005 SUPPLEMENTAL DISASTER RECOVERY SUB- GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF Page 317 April 8-9, 2008 COMMUNITY AFFAIRS IN THE AMOUNT OF $2,814,698.15, APPROVE AN ASSOCIATED BUDGET AMENDMENT TO IMPLEMENT THE SUPPLEMENTAL DISASTER RECOVERY INITIATIVE PROGRAMS, AND ADOPT A RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO SUBMIT REQUIRED REPORTS OR OTHER DOCUMENTS WHICH ARE SOLELY MINISTERIAL IN NATURE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D18 AN AGREEMENT WITH THE PEPSI COLA BOTTLING COMPANY OF NAPLES FOR A PERIOD OF 18 MONTHS FOR BEVERAGE SERVICE FOR NORTH COLLIER REGIONAL PARK. ($45,000) - FOR CONCESSION LOCATIONS AT SUN-N- FUN LAGOON, THE SOCCER COMPLEX AND THE SOFTBALL COMPLEX Item #16D19 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 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16D20 A BUDGET AMENDMENT MOVING $106,500 FROM THE Page 318 April 8-9, 2008 GENERAL FUND APPROPRIATION FOR PROPERTY INSURANCE PREMIUMS TO LIBRARY OPERATING BUDGETS IN THE PUBLIC SERVICES DIVISION -AS A RESUL T OF A BUDGET DEFICIT THE LIBRARIES WILL BE ELIMINATING 14 LONG-TIME, PART-TIME LIBRARY ASSISTANT POSITIONS Item #16E1 CHANGE ORDER NO.2 TO WORK ORDER NO. PBS-FT-3971- 07-16 WITH PROFESSIONAL BUILDING SYSTEMS (PBS) FOR THE PRIMARY DATA CENTER PROJECT. ($5,762.70) - DUE TO UNANTICIPATED CHANGES TO THE FIRE SUPPRESSION SYSTEM Item #16E2 LEASE AGREEMENT WITH SUB-CARRIER COMMUNICATIONS, INC., FOR ANTENNA SPACE NEEDED FOR THE COUNTY'S SAFEPOINT LOCATION SYSTEM, A COMPONENT OF THE COUNTY'S 800 MHZ PUBLIC SAFETY RADIO NETWORK, AT A FIRST YEAR'S RENT COST OF $3,600 - LOCATED AT 21999 CARTER ROAD, ESTERO, FLORIDA; WEST OF THE BIG CORKSCREW SWAMP SANCTUARY ON THE COLLIER/LEE COUNTY LINE Item #16E3 WAIVING THE COMPETITIVE QUOTATION PROCESS AND ALLOWING PAYMENTS TO SUNSHINE PHARMACY FOR PRESCRIPTION MEDICATION TO MEDICALLY NEEDY CLIENTS IN THE SOCIAL SERVICES PROGRAM FOR A Page 319 April 8-9, 2008 TOT AL NOT TO EXCEED $50,000 - FROM THE PERIOD FEBRUARY 1, 2008 THROUGH APRIL 15, 2008 Item # 16E4 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD OF FEBRUARY 22, 2008 THROUGH MARCH 21, 2008 Item #16E5 EXECUTE DOCUMENTS NECESSARY FOR THE CONVEYANCE TO FLORIDA GOVERNMENTAL UTILITY AUTHORITY OF WATER AND WASTEWATER UTILITY FACILITIES FOR THE GOLDEN GATE LIBRARY EXPANSION PROJECT; FOR A COST NOT TO EXCEED $200, PROJECT 54261-1 - Item #16F1 - Moved to Item #10E Item #16F2 MEMORANDUM OF UNDERSTANDING FOR EMERGENCY SITUA TIONS BETWEEN COLLIER COUNTY AND FARM WORKER VILLAGE - TO COORDINATE RELIEF EFFORTS AT THE TIME OF A DISASTER; FOR AN INITIAL PERIOD OF THREE YEARS Item #16F3 AN AWARDED VOLUNTEER FIRE ASSISTANCE MATCHING Page 320 April 8-9, 2008 (50/50) GRANT FROM THE FLORIDA DIVISION OF FORESTRY FOR THE PURCHASE OF WILDLAND FIREFIGHTING EQUIPMENT AND PROTECTIVE CLOTHING, AND APPROVAL OF NECESSARY BUDGET AMENDMENTS ($4,784) - FOR THE ISLES OF CAPRI FIRE AND RESCUE DISTRICT Item #16F4 - Moved to Item #10F Item #16G1 CRA RESOLUTION 2008-88: REVOKING A SITE IMPROVEMENT GRANT AGREEMENT 04/2007 BETWEEN THE CRA AND LUIS FONSECA AND IDALIA ALVARADO DUE TO APPLICANT'S FAILURE TO MEET TERMS OF THE AGREEMENT. (SITE ADDRESS: 3095 LINWOOD AVENUE - FUNDS WILL BE REALLOCATED Item #16G2 AN AGREEMENT WITH FLORIDA POWER AND LIGHT (FP&L) FOR THE INSTALLATION AND SERVICE OF LIGHTS ON EXISTING POWER POLES SOUTH OF THOMASSON DRIVE ALONG THE BA YSHORE DRIVE CORRIDOR; AUTHORIZE THE CRA CHAIRMAN TO EXECUTE THE AGREEMENT ON BEHALF OF THE BOARD; APPROVE AND AUTHORIZE THE CRA EXECUTIVE DIRECTOR TO MAKE PAYMENT FROM THE BA YSHORE GA TEW A Y TRIANGLE CRA FUND 187 FOR THE COSTS OF INSTALLATION AND ASSOCIATED MONTHLY FEES (FISCAL IMPACT $10,250.00 OVER 10 YEARS) - AS PART OF THE NEIGHBORHOOD FOCUS INITIATIVE PROGRAM FOR INTERSECTIONS AT Page 321 April 8-9, 2008 WOODSIDE A VENUE, ANDREWS AVENUE, PINE TREE DRIVE, COLONIAL DRIVE, KAREN DRIVE AND COTTAGE DRIVE Item #16H1 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER ATTENDED THE GLENN TUCKER APPRECIATION RECEPTION TUESDAY, MARCH 25, 2008 AT THE MARCO ISLAND YACHT CLUB; $25.00 TO BE P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 1400 NORTH COLLIER BOULEVARD, MARCO ISLAND Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL BE ATTENDING THE NAPLES BOTANICAL GARDEN GREY OAKS TOUR AND LUNCHEON WEDNESDAY, MAY 14,2008 AT THE NAPLES BOTANICAL GARDEN. $40.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 2400 GREY OAKS DRIVE, NORTH, NAPLES Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON THURSDAY, MARCH 20, Page 322 April 8-9, 2008 2008 AT CARRABBA'S. $21.00 TO BE PAID FROM COMMISSIONER FIALA'S TRA VEL BUDGET - LOCATED ON TAMIAMI TRAIL EAST, NAPLES Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE RIVIERA LADIES LUNCHEON WEDNESDAY, MARCH 19,2008 AT THE RIVIERA GOLF ESTATES CLUB HOUSE; $7.50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - ON MARSEILLE DRIVE WITHIN RIVIERA GOLF ESTATES, NAPLES Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 323 BOARD OF COUNTY COMMISSIONERS NUSCELLANEOUSCORRESPONDENCE Apri] 8, 2008 ]. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Bavshore Beautification MSTU Advisorv Committee: Agenda of December ]2, 2007; January 9, 2008. Minutes of November 14,2007; December 12, 2007. 2) Bavshore/Gatewav Triang]e Local Redeve]op Advisorv Board: Agenda of February 5, 2008; February 19,2008. Minutes of February 5, 2008; February 19, 2008. 3) Collier Countv Coastal Advisorv Committee: Minutes of December ]3,2007; February 14, 2008. 4) Fire Review Task Force: Minutes of February 29,2008; March 4,2008; March 7, 2008. 5) Forest Lakes Roadwav and Drainage Advisorv Committee: Agenda of February 13, 2008; March ]2,2008. Minutes of January 9,2008; February 13,2008. 6) Golden Gate Beautification Advisorv Committee: Agenda of January 8, 2008. Minutes of December 11, 2007. 7) Habitat Conservation Plan Ad Hoc Committee: Minutes of November ]9, 2008; December 17, 2007; February 27, 2008. 8) Historical! ArchaeoIogica] Preservation Board: Minutes of December ]9, 2007. (Not signed) 9) Land Acquisition Advisorv Committee: Minutes of February]], 2008. 10) Lelv Golf Estates Beautification Advisorv Committee: Agenda of February 2], 2008. Minutes of January 17,2008. 11) Pelican Bav Services Division Board: Agenda March 12,2008. Minutes of February 6, 2008. (Not signed) A) Clam Bav Committee Minutes of January 29, 2008; February 2], 2008. 12) Radio Road Beautification Advisory Committee: Agenda of February 19,2008. Minutes of January 15,2008. 13) Vanderbilt Beach Beautification MSTU Advisorv Committee: Agenda of March 6, 2008. Minutes of February 7, 2008. Other: B. Minutes: ]) South Florida Water Management District Public Notice of Final Agency Action of January 29, 2008. 2) Public Safetv Coordinating Council Minutes of October I, 2007; December 3,2007; January 17, 2008; February 2], 2008. April 8-9,2008 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF MARCH 15, 2008 THROUGH MARCH 21,2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF MARCH 22, 2008 THROUGH MARCH 28, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 RECOGNIZING THE FINAL DISPOSITION OF FUNDS COLLECTED UNDER ORDINANCE 04-42 BY THE CLERK OF COURTS TO FUND THE COLLIER COUNTY JUVENILE ASSESSMENT CENTER AGREEMENT WITH THE DAVID LAWRENCE CENTER Item #16K1 REJECT THE OFFERS OF JUDGMENT TO THE COUNTY IN THE LAWSUIT STYLED CC V EDWARD STANELY SANDITEN, ET AL., CASE NO. 02-5165-CA (IMMOKALEE ROAD PROJECT NO. 60018) Item # 16K2 REJECT THE OFFER OF JUDGMENT TO THE COUNTY IN THE LAWSUIT STYLED CC V CHARLES R. WILSON, ET AL., CASE NO. 02-5164-CA (lMMOKALEE ROAD PROJECT NO. 60018) Page 324 April 8-9, 2008 Item # 16K3 REJECT THE OFFER OF JUDGMENT TO THE COUNTY IN THE LA WSUIT STYLED CC V JUAN RAMIREZ, ET AI., CASE NO. 02-5166-CA (IMMOKALEE ROAD PROJECT NO. 60018) Item #16K4 PROPOSED JOINT MOTION FOR AN AGREED ORDER AWARDING COSTS RELATING TO PARCEL 183RDUE IN THE LA WSUIT STYLED COLLIER COUNTY V JORGE B. ECHEZARRAGA, ET AI., CASE NO. 07-3278-CA OIL WELL ROAD PROJECT #60044 (FISCAL IMPACT: $5,350.00) Item # 16K5 PROPOSED JOINT MOTION FOR AN AGREED ORDER AWARDING COSTS RELATING TO PARCEL 169RDUE IN THE LA WSUIT STYLED COLLIER COUNTY V JOSE MUNOZ, ET AI., CASE NO. 07-2823-CA, OIL WELL ROAD PROJECT #60044 (FISCAL IMPACT: $4,050.00) Item #16K6 SETTLEMENT FROM DEFENDANT, D.N. HIGGINS, INC. AND DILLARD SMITH, CONSTRUCTION COMPANY, IN THE LAWSUIT ENTITLED Bee vs. FLORIDA POWER & LIGHT COMPANY, ET AI., FILED IN THE TWENTIETH JUDICIAL CIRCUIT, FLORIDA. CASE NO. 07-2683-CA. FOR $13,500 Item #16K7 Page 325 April 8-9, 2008 MEDIA TED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIA TED SETTLEMENT AGREEMENT IN THE AMOUNT OF $165,000.00 FOR THE ACQUISITION OF PARCELS 108FEE AND 108TCE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V MICHAEL I. MCENDREE, ET AI., CASE NO. 07-4335-CA (SANTA BARBARA BOULEVARD EXTENSION PROJECT #60091) (FISCAL IMPACT: $82,700.00) Item #16K8 MEDIA TED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIA TED SETTLEMENT AGREEMENT IN THE AMOUNT OF $260,350.00 FOR THE ACQUISITION OF PARCELS 107FEE, 107TCE AND 109FEE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V MICHAEL I. MCENDREE, ET AI., CASE NO. 07-4335-CA (SANTABARBARA BOULEVARD EXTENSION PROJECT #60091) (FISCAL IMPACT: $74,000.00) Item #17A RESOLUTION 2008-89: THIS ITEM WAS CONTINUED FROM THE MARCH 25, 2008 BCC MEETING. A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO FISCAL YEAR 2007-08 ADOPTED BUDGET Page 326 April 8-9, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:38 p.m. COLLIER COUNTY BOARD F CO MISSIONERS TOM HENNING, Chai an ATTEST: . ,. DWIGH:I'E. g'RQCK, CLERK .-, , ~" ~ ~'lUu IJ-e. " 0. - ,. " > ( " A""t " ~ Chil""" , It9llatlart OIIl" These minutes approved by the Board on J'()CUf \ J I ~ <g , as presented \L or as corrected. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INe., BY TERRI LEWIS, KAREN BLOCKBURGER AND KELLEY MARIE NADOTTI, RPR, FPR Page 327 ~.