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BCC Minutes 05/13/2008 R May 13, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 13,2008 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 Sue Filson, BCC Executive Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA May 13, 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." Page 1 May 13,2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Bob Townsend, Mayflower Congregation 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 8, 2008 - BCC/Regular Meeting C. April 9, 2008 - BCC/County Attorney Applicant Interviews D. April 15, 2008 - BCC/Growth Management Plan Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5- Year Recipients: Page 2 May 13, 2008 1) William Hughes - Environmental Advisory Council 2) Suzanne Bradach - Housing Finance Authority; 10-Year Recipients: 3) Dr. Fay Biles - Water and Wastewater Authority 4. PROCLAMATIONS A. Proclamation designating May 25,2008 as National Missing Children's Day. To be accepted by Amelia Vasquez and Maribel Slabaugh from the National Center for Missing & Exploited Children/Collier County. B. Proclamation recognizing May 4 - 10,2008 as Goodwill Industries Week. To be accepted on behalf of Goodwill Industries of Southwest Florida by President and CEO Tom Feurig, Vice President of Communications and Development Carolyn Johnson, and Vice President of Retail Operations Brian Itzkowitz. C. Proclamation designating May 18 - May 24, 2008 as National Association of Insurance Women Week. To be accepted by Elizabeth M. Bellairs, AAI, ACSR, CPIA, Client Advisor, Gulfshore Insurance, Inc. D. Proclamation to recognize Current and Future Leaders. To be accepted by Leomene Aime, Magdonald Aime, Mercedes Contreras, Adelene Exceus, Jose Villegas Galvan, Wilta Grefin, Elizabeth Hernandez, Gilberto Martinez, Jose Luis Martinez, Jr., and Johny Williamceau. E. Proclamation to recognize May 18-24, 2008 as Collier County Emergency Medical Services Week. To be accepted by Collier County Bureau of Emergency Services Director Dan Summers. F. Proclamation to recognize May 2008 as National Water Safety Month. To be accepted by Recreation Supervisor-Sun N Fun Lagoon, Bradie Allen. G. Proclamation to recognize May 12-16, 2008 as National Transportation Week. To be accepted by Transportation Services Division Administrator Norman Feder, Transportation Engineering and Construction Management Department Director Jay Ahmad, Traffic Operations Department Director Page 3 May 13, 2008 Bob Tipton, Alternative Transportation Department Director Diane Flagg, Road Maintenance Interim Director John Vliet, Transportation Planning Department Director Nick Casalanguida, and Associate Professor of Environmental and Civil Engineering, V.A. Whitaker School of Engineering Cynthia Orndoff. H. Proclamation to recognize May 18,2008 as Haitian Flag Day. To be accepted by Ancelot Similien, Coordinator and Director of La Perle TV of Collier County. I. Proclamation to recognize May 2008 as Older Americans Month. To be accepted by the employees of Housing and Human Services Department Services for Seniors Marcy Krumbine, Director; Bonnie Fauls, Case Manager Supervisor; Carlton Bronson, Case Manager; Debbi Maxon, Case Manager; Kelly Robinson, Case Manager; Leslie Weinreb, Case Manager; Terri Daniels, Accounting Supervisor; Dory Carillo, Accounting Technician. 5. PRESENTATIONS A. Presentation to Sheriff Don Hunter and the Collier County Sheriff's Office for completing the United States Immigration and Customs Enforcement cross-training program to improve immigration enforcement in Florida. To be presented by Senator Burt Saunders. B. Presentation by Senator Saunders to William Lascheid, M.D., and Nancy Lascheid, R.N.; for their outstanding public service in making quality medical care available to uninsured, low-income adults in Collier County by establishing an exemplary volunteer-based neighborhood health clinic, coordinating its services, and serving as volunteers. C. The Collier County Emergency Medical Services Department has adopted the PHOENIX A WARD to recognize those EMS Paramedics EMTs, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. D. Recommendation to recognize Eddie Chesser, Senior Equipment Operator, Coastal Zone Management, as Employee of the Month for April 2008. Page 4 May 13, 2008 E. Presentation on the South Regional Library Construction Project by Deangelis Diamond Construction, general contractor. 6. PUBLIC PETITIONS A. Public petition request by Billy Summers to discuss dog attack investigation. B. Public petition request by Clay Brooker to discuss temporary Certificate of Occupancy for Naples Nissan building located at Pine Ridge Road/Whippoorwill Lane. C. Public petition request by Lucille Acken to discuss Occupational License for Unit Band C in the Promenade Parkway Building. D. Public petition request by Aisling Swift to discuss privacy buffer at New Hope Ministries. Item 7 and 8 to be heard no sooner than 1:00 V.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. This item continued from the April 22, 2008 BCC Meetinl!:. Recommendation that the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. B. This item was continued from the April 8, 2008 BCC meetinl!:. This item reQuires that all participants be sworn in and ex parte disclosure 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 of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., request a rezone from Planned Unit Development (PUD) to Community Facility Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD, to allow development of a maximum of 200 assisted living, continuing care retirement community, nursing home, retirement community and/or Page 5 May 13, 2008 independent living facility units for persons over the age of 55, to be developed at a 0.6 floor area ratio. The subject 7.8 acre property is located on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4 mile east of Livingston Road (CR 881) in Section 31, Township 48 South, and Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Habitat Conservation Plan Ad Hoc Committee. B. Appointment of member to the Collier County Code Enforcement Board. C. Appointment of member to the Contractors Licensing Board. D. Appointment of members to the Animal Services Advisory Board. E. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. F. Appointment of members to the Emergency Medical Services Advisory Council. G. Discussion regarding advisory boards' functions, powers and duties. (Commissioner Tom Henning) H. Request for the Board of County Commissioners to consider joint participation of the Collier County Public Safety Coordinating Council with other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and Glades counties for the purpose of joint grant applications to address public safety concerns such asjail overcrowding. (Commissioner Fred Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 4:00 p.m. A presentation to the Board of County Commissioners regarding a conceptual plan to finance operating costs and capacity recovery improvements on County roads having constraints due to traffic signals serving non-public roadways and driveways by use of a user fee for Convenience Signals. (Bob Tipton, Traffic Operations Director and Page 6 May 13, 2008 Norman Feder, Transportation Services Administrator) B. This item to be heard at 11 :00 a.m. Review the results from the recently completed Vanderbilt Beach Recreational Pier public workshops and obtain direction from the Board of County Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director) C. Recommend to review and obtain approval of the recently completed proposed Manatee Park Master Plan, obtain direction from the Board of County Commission on how to proceed and approve a time and material, not-to-exceed proposal to Corzo Castella Carballo Thompson Salman, P.A. (C3TS) to develop a Design Criteria Package to be utilized for a design- build bid package and solicitation. (Gary McAlpin, Coastal Zone Management Director and Barry Williams, Parks and Recreation Director) D. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc., and authorize the disbursement of$13,000.00 from the Marco Island Affordable Housing Trust Fund, for payment of permitting and licensing fees related to the installation of thirty six (36) FEMA trailers in the Immokalee area. (Marcy Krumbine, Housing and Human Services Director) E. Recommendation for direction on the type, content and timing of reports the Board of County Commissioners would like to receive from the Clerk of Courts on the taxpayers investment portfolio. (John Y onkosky, Office of Management and Budget Director) F. Authorization of a budget amendment which will establish appropriations to pay the Clerk of Courts for the annual cost, incurred by the Clerk, associated with the investing activity of the Boards investment portfolio. (John Yonkosky, Office of Management and Budget Director) G. Recommendation to award Bid # 08-5035, Administration Building (Building F) Generator Replacement to Southeastern Communication Service, Inc., to provide for the replacement and installation of a new generator for Building F on the Main Government Complex in the amount of $1,226,635, provide for advanced approval of a 15% change order authority, and authorize approval for the necessary budget amendments. (Damon Gonzales, Facilities Management Manager) Page 7 May 13, 2008 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the County Attorney develop and advertise an ordinance that repeals and replaces Ordinance No. 74-7 with an ordinance prohibiting camping in the unincorporated areas of Collier County. (Jeff Klatzkow, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS 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 sewer utility facility for Collier Seminole State Park. 2) Recommendation to approve final acceptance of the water utility facility for Sabal Bay Commercial Plat, Phase 3. 3) To accept final and unconditional conveyance of the water utility facility for Vanderbilt Beachcomber Resort 3. 4) Recommendation to approve final acceptance of the water utility facility for Fiddler's Creek, Phase 3 Unit 2 - Stages 1 and 2. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 2A Unit I. Page 8 May 13, 2008 6) To accept final and unconditional conveyance of the water utility facilities for Fiddler's Creek - Lake 88. 7) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Pelican Bay Unit Ten, Replat of Sites 31 and 32. 8) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Firenze at Tuscany Reserve. 9) To accept final and unconditional conveyance of the water utility facility for Lemuria. 10) A request to increase the scope of work of the Collier County Inter- Active Growth Model (CIAGM) to allow for the CIAGM's land use modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation Division. 11) Recommendation that the Board of County Commissioners approve a second extension of the required time frame for fee payment assistance and job creation for Salazar Machine and Steel, Incorporated, an approved participant in the Fee Payment Assistance Program and the Job Creation Investment Program; direct staff to allocate $50,500 in funding for FY 2008 for this applicant; and specify this as the final time extension for meeting the program requirements. 12) This item reQuires that ex parte disclosure be provided by Commission members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Hatchers Preserve, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Page 9 May 13, 2008 Enforcement Action entitled Collier County v. Ernestina Sacca, CEB No. 2005-13, relating to property located at 2960 56th Avenue N.E. Collier County, Florida. 14) 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 ofOlde Cypress Unit One (Olde Cypress PUD). (Commissioner Henning request) B. TRANSPORTATION SERVICES 1) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the PUD Monitoring / Traffic Counts Project within the Transportation Supported Gas Tax Fund (313) in the amount of $11 0,259.00 for Project No. 691242. 2) Recommendation to award RFP #08-5045, Annual Contract for Roadway Contractors to the following contractors: Apac Southeast, Inc.; Better Roads, Inc.; Gustafson Construction Corp.; David Barron Land Development, Inc.; and; Quality Enterprises USA, Inc. (estimated annual amount $1,750,000). 3) Approve a FY 2008 budget amendment recognizing $25,000 in insurance proceeds received in CAT Transit Fund (426) during FY 2007. 4) Recommendation that the Board of County Commissioners approve the Landscape Maintenance Agreement between Collier County, Florida and Artesia Naples Community Development District for landscaping within the right-of-way on Barefoot Williams and Tower Roads. 5) Recommendation to approve Work Order #BC-FT-3773-08-08 to Bonness, Inc. for the Forest Lakes MSTU Bond Project - Phase One Drainage Swales using the Annual Contract for Roadway Contractors, Contract No. 05-3773, in the amount of $237,554.95. 6) Recommendation to adopt a Resolution by the Board of County Commissioners of Collier County authorizing a speed limit increase Page 10 May 13, 2008 from forty-five miles per hour (45 mph) to fifty miles per hour (50 mph) on Immokalee Road for the eastbound section from Collier Boulevard to one-half mile west of Wi Is on Boulevard and for the westbound section from Wilson Boulevard to one-half mile east of Collier Boulevard. 7) Recommendation to Approve a Stipulated Final Judgment in the Amount of $ 10,200.00 for the Acquisition of Parcel 148RDUE in the Lawsuit Styled Collier County, Florida v. John Goddard, et aI., Case No. 07-3111-CA (Oil Well Road Project #60044). Fiscal Impact: $6,600.00) 8) Recommendation for the Board of County Commissioners to approve budget amendments to reallocate funding on projects within Capital Road Funds. Project 60168 and 60091. C. PUBLIC UTILITIES 1) Recommendation to reject proposals received under RFP 08-5038, Automatic Meter Reading System. 2) Recommendation to approve a Master Agreement for Demand Side Management and Energy Efficiency Services with Florida Power & Light Company (FP&L) for Public Utilities Division participation in a guaranteed energy performance savings program at numerous major facilities. 3) Recommendation to approve the Agreement Regarding Alternative Impact Fee Calculation between the Collier County Water-Sewer District and the Tamiami Square of Naples, LLC. 4) Recommendation to ratify the appointment of a representative and an alternate of the Collier County Water-Sewer District to attend meetings of the Lower West Coast Utility Council. 5) Recommendation to approve AshBritt Environmental Inc. (contract 05-3661) and Solid Resources Inc. (Contract 05-3831) as the initial debris recovery team for Collier County's 2008 hurricane season debris removal and monitoring contractors for operational readiness. Page 11 May 13, 2008 6) Recommendation to approve a budget amendment to recognize additional carry forward and expenditures in operating expenses, capital outlay and reserve for contingencies in the Water Pollution Control Fund (114) in the amount of$735,800. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Erasmo Martinez III and Teresa Ann Hinojosa (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 112, Liberty Landing, Immokalee. 2) Recommendation to award Bid No. 08-5057R, Pool Chemicals and Supplies to Commercial Energy Specialists, Inc., The Dumont Co., Inc., HornerXpress-Gulf Coast, Inc., SCP Distributors, LLC and NuC02 at an estimated cost of $183,800. 3) Recommendation to award Contract No. 08-5056, Roberts Ranch Pioneer Museum Driveway and Site Work to FTA Holdings LLC dba Ace Asphalt, for the construction and site work of a driveway and sidewalk for the Church Building in the amount of$74,828.00. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Orriane Louissaint (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 43, Trail Ridge, East Naples. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gene Silguero and Jennifer Silguero (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at New Market Subdivision, Block 19, Lot 5, Immokalee. 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Fernando Lago and Amelia Lago (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit Page 12 May 13, 2008 located at Lot 46, Trail Ridge, East Naples. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Viergenie Alliance and Dieumonfranc Alliance (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 47, Trail Ridge, East Naples. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lennar Homes LLC (Developer) for deferral of 100% of Collier County impact fees for a 10 unit owner-occupied affordable multi-family housing units located in a parcel ofland in Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay Commons (9063 Gervais Circle), North Naples. 9) Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Application for a Recreational Boating Characterization Study to the Coastal Zone Management Department to be awarded funds in the amount of $80,000. 10) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Carlos Metz and Joyce Metz (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 1603, North Naples. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ketty Argote (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 178, Page 13 May 13, 2008 Trail Ridge, East Naples. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ramon Lopez Berovides and Florinda D. Perez Fernandez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 33, Trail Ridge, East Naples. 14) Recommendation to approve a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Application for Bayview Park Boat Access Facility for the Coastal Zone Management Department in the amount of $400,000. 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nelson Arteaga and Idalmis Perez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 35, Trail Ridge, East Naples. 16) Recommendation to Obtain Board Approval to Award Bid No. 08- 5034, "Tee Shirts" to North Coast Imagewear in the Amount of $60,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to move $7,100 from the Collier County General Fund Reserves to the Facilities Maintenance Fund in order to fund invasive exotic plant management within a County owned conservation easement. 2) Recommendation to approve a Statutory Deed between the Collier County Transportation Division and the Conservation Collier Program for approximately 12.5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $65,000. 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. Page 14 May 13, 2008 4) Recommendation to confirm and consent to the re-assignment of Contract 05-3827 "Temporary Laborers" from Tandem Staffing Solutions, Inc. to Select Staffing Solutions Inc. 5) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the second quarter of FY08. 6) Recommendation that the Board of County Commissioners approve a Resolution approving a policy for the acceptance ofland conveyances by the Conservation Collier Land Acquisition Program in the Transfer of Development Rights (TDR) Program for the Rural Fringe Mixed use District (RFMUD). F. COUNTY MANAGER 1) Recommendation to approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department at a renewal rate for FY 08 of $250.00. 2) Recommendation to approve the after-the-fact submittal of a Federal Emergency Management Agency Assistance to Firefighters Grant in the amount of $340,000 for the purchase of a Pumper Tanker for the Ochopee Fire Control District. 3) Recommendation to waive the formal competitive bid process; approve the purchase of 40 heart monitors, along with associated accessories and service agreements from Philips Medical Systems for an estimated total of$729,192.20; and to approve a budget amendment for an intrafund transfer from capital to operating within Fund 490 EMS to fund the lease payments for the balance of FY08 in the amount of $54,041.90. 4) Recommendation to approve the after-the-fact submittal of a United States Department of Interior Rural Fire Assistance Grant application in the amount of $11 ,460 for the purchase of equipment and protective clothing for the Ochopee Fire Control District. Page 15 May 13, 2008 5) Recommend approval of amendments to TDC Category Band C Grant Agreements for FY 08 to remove the requirement for matching funds. 6) Recommendation to approve the submittal of a US Department of Homeland Security Citizen Corps/CERT Program Grant application in the amount of$19,000. 7) Recommendation to approve the submittal of a State Emergency Response Team sub grant for the Department of Homeland Security (DHS) and the State of Florida Division of Emergency Management to establish a Citizens Emergency Response Team (CERT) Program for the Town of Ave Maria in the amount of$17,977. 8) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007 -08 Adopted Budget. 9) Recommendation for approval of a budget amendment that reduces certain Fiscal Year 2008 capital project budgets and appropriates certain Fiscal Year 2007 capital grant project revenues carried forward into Fiscal Year 2008. 10) Recommendation to waive formal competition and authorize staff to negotiate a new federal lobbyist services contract with The Ferguson Group. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners authorize its Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into Master Joint Participation Agreement (MJP A) 2008-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. H. BOARD OF COUNTY COMMISSIONERS Page 16 May 13, 2008 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the EDC VIP Breakfast on Thursday, May I, 2008, at The Naples Grande Beach Resort in Naples, Florida. $28.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Will attend the EDC Best Places to Work Awards Ceremony on May 22,2008. $35 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Authorize the Supervisor of Elections to accept federal election activities funds with a 15% matching contribution. 2) To obtain Board approval for disbursements for the period of April 19, 2008 through April 25, 2008 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of April 26, 2008 through May 02, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve an Agreed Order for Supplemental Attorneys Fees in connection with Parcels 720, 820A, 820B and 920 in the lawsuit styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway, Project #60027). (Fiscal Impact: $4,200.00) 2) Recommendation to approve a Stipulated Final Judgment for Parcel No. 159A in the lawsuit styled CC v. Andy Morgan, et ai, Case No. 02-5169-CA (Immokalee Road Project # 60018). (Positive Fiscal Page 17 May 13, 2008 Impact $953.04) 3) Recommendation that the Board of County Commissioners approve an exception to the current hiring freeze policy for general fund positions and authorize the County Attorney to advertise for and fill a vacant essential Assistant County Attorney (Land Use) position. 4) That the Board of County Commissioners approve, and authorize the Chairman to sign, a Resolution revising the County Attorney Office Fiscal Year Pay and Classification Plan effective May 14, 2008, and approve the new job descriptions for Section Chiefs and the Of Counsel position. 5) Recommendation to approve settlement at mediation prior to trial in the lawsuit entitled Estella lemma, et. ai, vs. Collier County Board of Commissioners filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-2295-CA, for $20,000.00. 6) Authorize Assistant County Attorney to bid on behalf of Collier County at foreclosure (Code Enforcement Lien) sales schedule by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE MARTEL, CASE NO. 06-1902-CA. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2007-AR-12668 B&B Cash Grocery Stores, Inc., represented by Charlie Martin, requesting a Page 18 May 13, 2008 Variance of 17 feet to replace an automobile service station canopy that was destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two fuel pump dispensers. The subject property is located at 401 1st Street South, South lmmokalee Heights Unit, Section 4, Township 47 South, Range 29 East, Collier County, Florida. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2008-AR-1295I Irvine Dubow, requesting a 1O.7-foot Variance from the required 15-foot front yard setback of the Vineyards PUD, to allow a 4.3-foot setback in order to rebuild a pool cage that was destroyed by Hurricane Wilma. The subject property is located at 590 I Almaden Drive in Section 8, Township 49 S, Range 26 E, Collier County, Florida. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. HD-2008-AR-12980, Patricia and Steve Huff request a Historic Designation for property located at 238 Mamie Street for building known as JT's Island Grill and Gallery. Subject property is located in Section 36, Township 53, Range 29, Chokoloskee, Florida. D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. HD-2008-AR-12981, Everglades Society for Historical Preservation is requesting a Historical Designation for The Bula Missionary Baptist Church of Copeland now known as The Frances Hodge Community Center. The subject property is located at 210 Turnstile Drive which is located on the south side of Turnstile Drive and approximately 150 feet west of the intersection with Lee Cypress Drive in Section 13, Township 52, Range 29, Copeland, Florida. E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUR-2008-A-12955, Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use approval to determine whether additional stipulations or mitigation are necessary. The subject property, consisting of 2,576 acres, is located east ofImmokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 Page 19 May 13, 2008 & 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846, Collier County, Florida. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the 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 20 May 13, 2008 May 13, 2008 MR. MUDD: Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Good morning, everybody. Welcome to the May 13,2008 Board of Commissioners' meeting of Collier County . Our invocation is going to be led by Pastor Bob Townsend of the Mayflower Congregational Church. And Mr. Summers, if you would lead us in the invocation after -- or the Pledge of Allegiance after that, I would appreciate that. Would you all rise for the Pledge and invocation. PASTOR TOWNSEND: Let us pray. Gracious and loving God, as we gather in this beautiful community, we take a moment to remember those in other places who are suffering through difficult situations, cyclones, earthquakes, tornado, the loss of a loved one in battle. We ask your blessing to be on our military around the world, watch over and care for them, and we offer thanks for those in this community who give so much to make this community all that it is. We ask for your presence with us this day and for the gift of wisdom for all those gathered for this meeting of the Collier County Commission. Help us to remember that we're all stewards of the gift of this world that you have given us. In your name we pray, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Before the county manager walks us through the change list, we have nine proclamations this morning. That's why we have a full house. We also have four or five presentations. The senator reminded me this afternoon he has a speaking engagement. So I'm going to ask my colleagues if they are willing to approve all the proclamations at once, get some pictures, and let's get to the -- on with the agenda. Page 2 May 13, 2008 Is that -- is it okay, Commissioner Coyle? COMMISSIONER COYLE: That's okay with me. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Just one thing. You're saying not necessarily to read them into the record. CHAIRMAN HENNING: No. They're already into the record. They're a part of our agenda packet. COMMISSIONER COLETTA: I feel a little uncomfortable with it, to be honest with you. CHAIRMAN HENNING: Well, we've got three-- COMMISSIONER COLETTA: Then you have what you need. CHAIRMAN HENNING: Yep. So that's what we're going to do today. County Manager, you want to walk us through the change list? MR. MUDD: Yes, sir. COMMISSIONER FIALA: But all ofthese people are here to hear them, aren't they? COMMISSIONER COYLE: They're here to receive them. CHAIRMAN HENNING: They're here to receive the proclamations. COMMISSIONER FIALA: Well, yeah. I don't agree with that but, you know, the majority rules, I guess. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: The agenda changes, Board of County Commissioners' meeting, May 13,2008. Item 4D, name correction. Recipient's name is Jose Galvan Villegas rather than Jose Villegas Galvan. Page 3 May 13,2008 Next item is item 4G, also accepting this proclamation will be Fletcher Holmes, president, and Caesar Nunez, vice-president of the Florida Gulf Coast University student chapter of the American Society of Civil Engineers, and that clarification's at staffs request. Next item is item 41. It's, recognition also goes to Lorraine (sic) Wahlstrom, Care Club; Kathy Hughes, the Accucare Nursing; Steve Edmonston, Alzheimer's Support Group; Leigh Schield, director of the Area Agency on Aging; Betty Gamble (sic), Senior Friendship Centers; Yvette Spiker, parks and recreation; Mary Lou Lindsay, Goodwill Industries; Eddie Hartnack, Veterans' Services; Deb Milsap, Collier County Health Department; Jackie Borchers, Collier County Sheriffs Office; Angela Larson, Collier County Sheriffs Office. Also recognized are Beth Packer, Mrs. Irby, Robina Kingston, Mr. Sobel, Marie Turnbull, Patricia Cavaseno, Joan Dahl, and Mel Scott. Next item is an add on item 41. It's a proclamation designating May 16,2008 as National Bike to Work Day, and the entire month of May, 2008, be designated the National Bike Month. To be accepted by Nick Casalanguida, director of transportation planning department; David Buckheit, the Community Traffic Safety Team chairman; Russ Muller, Americans with Disabilities chairman; Jerry Kurtz, Naples Area Tri-Athletes member; Joe Bonness, Pathways Advisory Committee chairman; Allan Ryker, Naples Pathway Coalition. That item is added at staffs request. The next item is to withdraw item 6C. It's a public petition request by Lucille Acken to discuss the occupational license for Unit Band C in the Promenade Parkway building. That item is withdrawn at the petitioner's request. Next item is to move item 16D9 to lOR. It's a recommendation to approve and authorize the chairman to sign a Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program grant application for a recreational boating characterization Page 4 May 13, 2008 study to the coastal zone management department to be awarded funds in the amount of $80,000. The item is being moved at Commissioner Henning's request. The next item is to move item 17E to 16A 15, and this item has to do with Jones Mine. The board heard it at the last meeting. This is basically the clarifying resolution for board's approval to basically take it from 18 detonations per month to two per week, no more than eight per month, and the item was not advertised, nor did it need to be advertised. Again, it's just a resolution, a clarifying resolution that the board directed at the last meeting. It's the item -- move item 17E to 16A 15. And then you have four time certain items today, Commissioners. Item 8A to be heard at one p.m., and that basically has to do with the charitable organization impact fee deferral program. The next item is to be heard at four p.m., and that's item lOA, and that is Board of County Commissioners presentation to the -- it's a presentation to the Board of County Commissioners regarding a conceptual plan to finance operational -- operating costs and capacity recovery improvements on county roads having constraints due to traffic signals serving non-public roadways and driveways by use of a user's fee for convenience signals. Next time certain item is item lOB, and that is -- and that is to be heard at 11 a.m. It's a review -- to review the results from the recently completed Vanderbilt Beach recreation pier public workshops and obtain direction from the Board of County Commissioners on how to proceed. The last time certain item is at 10:30 today. It's item 10D. It's a recommendation that the Board of County Commissioners approve a request from I-HOPE, Inc., and authorize the disbursement of$13,000 from the Marco Island Affordable Housing Trust Fund for payment of permitting and licensing fees related to the installation of 36 FEMA trailers in the Immokalee area. Page 5 May 13, 2008 That's all I have, Mr. Chairman, Commissioners. CHAIRMAN HENNING: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Commissioner Henning, I was wondering if we could take a formal vote rather than just a nod of the head as far as the -- not having the petitioner -- the people come before us -- COMMISSIONER FIALA: Proclamation. COMMISSIONER COLETTA: -- for proclamations. I feel very uncomfortable with what's taking place. There are people here that wanted to speak, and I feel -- CHAIRMAN HENNING: Well, see, I think you misunderstood. What I said was approve all of the proclamations and dispense of reading it and, you know, getting pictures with the people accepting the proclamation is still going to go, and I didn't say anything about if somebody wanted to speak about the proclamations. COMMISSIONER COLETTA: No, and I appreciate that. I mean, if it has to be that way, then so be it, but I would feel much more comfortable if it was a formal vote. CHAIRMAN HENNING: Okay. Mr. Klatzkow, do you have any changes to today's agenda? MR. KLA TZKOW: No, sir. CHAIRMAN HENNING: Commissioner Coletta, do you have any changes or ex parte on today's agenda? COMMISSIONER COLETTA: Yes, thank you for the opportunity . Of course we're talking about the consent agenda and the summary agenda. In the consent agenda, item -- or no, on summary agenda, item 17C, I had a meeting with Patty Huff; then 17E, I had meetings, correspondence, emails and phone calls. And I got a request on behalf -- for the commission, I'd like to see agenda item 12A, which is the anti-camping ordinance, to be joined Page 6 May 13, 2008 with the agenda item 8A so they could be heard at the same time, which has a time certain of one o'clock. The items are directly related, and I'm respectively requesting that the commission agree to hear 12A first at one p.m., and it will just take a few minutes, and be followed by 8A. That's the first part. Do my fellow commissioners agree to that? COMMISSIONER COYLE: No. COMMISSIONER COLETTA: There's a direct correlation between it. And if! may, very briefly, in order for us to be able to effectively enforce the ordinance, the anti-camping ordinance -- and that's a good ordinance. It will help to control vagrancy, forest fires, and crime in general. The one single problem is that in order to move vagrants off land, you have to have a shelter that can accept them. At this time we are trying -- we are dependent on St. Matthew's House and Friendship House to accept these homeless people. If these nonprofits are unable to grow their capacity to serve anti-camping ordinance, that will not be able to be effectively -- an effective deterrent that we were hoping for. And I think there's a direct relationship, and I'd like to see them tied together so that we could at least hear the anti-camping ordinance first and then go to the one there regarding the arrangement for the nonprofit impact fee deferrals. CHAIRMAN HENNING: I guess that would have to be up to the motion maker and the second approving the agenda. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: Is that okay? COMMISSIONER COLETTA: Fine. That's fine. And then the other item for discussion, I'd like to pull A14. COMMISSIONER FIALA: 16A14? COMMISSIONER COLETTA: 16A14. MR. MUDD: Commissioners, that would become 101. COMMISSIONER COLETTA: And that concludes what I've Page 7 May 13, 2008 got here, Commissioner Henning. CHAIRMAN HENNING: Thank you. Commissioner Fiala? COMMISSIONER FIALA: As far as changes to the agenda, I have none. And as far as the ex parte, I had a question on 16 -- or 17 A, and that is that automobile service station in Immokalee. I think we discussed that at one other meeting. I know we discussed some service situation who wanted to rebuild and redo because they were hit with the tornado or, rather, with the hurricane, so I'm guessing that it might be that, so I'm just going to put that on the record that we might have spoken of that rather than discount it. And also 17E, I've had meetings, correspondence, emails, and calls on 17E, which then became -- what did it become? It became 16A15, thank you. CHAIRMAN HENNING: 17E? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: I had talked to Mr. Dubow who was the -- that's part of 17B; and 17E, we discussed that at a previous meeting. I did have a meeting with the applicant for the property owner. Commissioner Halas? COMMISSIONER HALAS: Thank you very much. On the consent agenda, I do not have any ex parte. On the summary agenda, the only item is 17E, which is now 16A15. I had a number of meetings, correspondence, emails, and phone calls in regards to this. I met with Bruce Anderson, Bruce Tyson, and Damon Jones on 4/3/08, and a telephone conference call with Bruce Anderson and Dr. Charles Dowding from Northwestern University, and I also did have a site visit with Jones Mining, 12/13/07, and I believe that's all of my ex parte on the consent and summary agenda. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no further Page 8 May 13, 2008 changes to the agenda. With respect to ex parte disclosure, I have only what is now labeled as 16A15. I have met with the petitioner, the petitioner's agents, I have received correspondence, emails, telephone calls, and it's all contained in a folder for examination if anyone's interested. CHAIRMAN HENNING: Thank you. Entertain a motion to approve today's agenda. COMMISSIONER COLETTA: I'll make that motion with the one change that we hear 12A at one o'clock, being followed by the-- let's see. Item 12A being followed by 8A-- MR. MUDD: 8A. COMMISSIONER COLETTA: -- which that was the time certain for one o'clock. Just take a few minutes to get through 12A. COMMISSIONER FIALA: No, it won't, but I'll second your motion as long as we can ask the Sheriffs Office to please let -- Don Hunter? SHERIFF HUNTER: Yes. COMMISSIONER FIALA: Ifwe can let the Sheriffs Office know that they need representatives here. This is something that they've been wanting, and could you get ahold of Mike Nelson and Rob Roux and have them come to the one o'clock time certain and also I have to advise my kitchen cabinet as well. COMMISSIONER COLETTA: Sure. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Okay. There's a motion and second to approve today's agenda with the exception of hearing 12B (sic) right after 12 -- 8A; is that correct, Commissioner Coletta? COMMISSIONER COLETTA: No. Let's see. 12A would be first, sir. CHAIRMAN HENNING: 12A. 12A would be prior to -- COMMISSIONER FIALA: 8A. CHAIRMAN HENNING: -- 8A. Page 9 May 13, 2008 COMMISSIONER COLETTA: Right. And then that one change that I made to the agenda as far as that one item to be for discussion. CHAIRMAN HENNING: 12A? COMMISSIONER COLETTA: No, it was -- I pulled an item, or is that already understood? CHAIRMAN HENNING: Right. COMMISSIONER COLETTA: Okay, fine. COMMISSIONER FIALA: But should we assign it a place? MR. MUDD: Yes, sir, 101. Yes, ma'am, 101. COMMISSIONER FIALA: I'm glad you could tell the difference. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Motion fails for lack of majority. Is there an alternative motion to approve today's agenda? COMMISSIONER COYLE: Motion to approve the agenda as amended by the county manager's update and also pulling the item referenced by Commissioner Coletta from the consent agenda. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Is that also to approve all the proclamations at once? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Okay. Page 10 May 13, 2008 COMMISSIONER HALAS: That's in my second. CHAIRMAN 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. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Coletta dissenting. Page 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 13. 2008 Item 4D: Name correction. Recipient's name is Jose Galvan Villegas, rather than Jose Villegas Galvan. Item 4G: Also accepting this proclamation will be Fletcher Holmes, President, and Cesar Nunez, Vice President, of Florida Gulf Coast University student chapter of American Society of Civil Engineers. (Staff's request.) Item 41: Recognition also goes to Luanne Wahlstrom, Care Club; Kathy Hughes, Accucare Nursing; Steve Edmonston, Alzheimer's Support Group; Leigh Schield, Director Area Agency on Aging; Betty Gamel, Senior Friendship Centers; Yvette Spiker, Parks and Recreation; Mary Lou Lindsay, Goodwill Industries; Eddie Hartnack, Veterans' Services; Deb Milsap, Collier County Health Department; Jackie Borchers, Collier County Sheriff's Office; Angela Larson, Collier County Sheriff's Office. Also recognized are Beth Packer, Mrs. Irby, Robina Kingston, Mr. Sobel, Marie Turnbull, Patricia Cavaseno, Joan Dahl, and Mel Scott. (Staff's request.) Add On Item 4J: Proclamation designating May 16, 2008 as National Bike To Work Day and the entire month of May, 2008, be designated as National Bike Month. To be accepted by Nick Casalanguida, Director, Transportation Planning Department; David Buchheit, Community Traffic Safety Team Chairman; Russ Muller, American's with Disabilities Coordinator; Jerry Kurtz, Naples Area Triathletes member; Joe Bonness, Pathways Advisory Committee Chairman; Allan Ryker, Naples, Pathways Coalition. (Staff's request.) Withdraw Item 6C: Public Petition request by Lucille Acken to discuss Occupational License for Unit Band C in the Promenade Parkway Building. (Petitioner's request.) Move Item 16D9 to 10H: Recommendation to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Application for a Recreational Boating Characterization Study to the Coastal Zone Management Department to be awarded funds in the amount of $80,000. (Commissioner Henning's request.) Move Item HE to 16A15: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUR-2008-A-12955, Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, is complying with condition number 3 of Conditional Use Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning district, which requires a review of the Conditional Use approval to determine whether additional stipulations or mitigation are necessary. The subject property, consisting of 2,576 acres, is located east of Immokalee Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 & 2, Township 48 South, Range 27 East, less road right-of-way for County Road 846, Collier County, Florida. (Staff's request.) Time Certain Items: Item 8A to be heard at 1 :00 p.m. This item continued from the April 22, 2008 BCC meeting. Recommendation that the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. Item 10A to be heard at 4:00 p.m. A presentation to the Board of County Commissioners regarding a conceptual plan to finance operating costs and capacity recovery improvements on County roads having constraints due to traffic signals serving non-public roadways and driveways by use of a user's fee for "Convenience Signals". Item 10B to be heard at 11 :00 a.m. Review the results from the recently completed Vanderbilt Beach Recreational Pier public workshops and obtain direction from the Board of County Commissioners on how to proceed. Item 10D to be heard at 10:30 a.m. Recommendation that that the Board of County Commissioners approve a request from I HOPE, Inc., and authorize the disbursement of $13,000.00 from the Marco Island Affordable Housing Trust Fund, for payment of permitting and licensing fees related to the installation of thirty six (36) FEMA trailers in the Immokalee area. May 13,2008 Item #2B, #2C, and #2D MINUTES FROM APRIL 8, 2008, REGULAR MEETING; APRIL 9, 2008, COUNTY ATTORNEY APPLICANT INTERVIEWS; APRIL 15, 2008, GMP MEETING - APPROVED AS PRESENTED CHAIRMAN HENNING: Okay. Entertain a motion to approve April 8, 2008 BCC Regular Meeting; April 9, 2008 BCC County Attorney Application Interviews; April 15, 20008 BCC Growth Management Plan. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3Al and #3A2 SERVICE AWARDS - 5 YEAR RECIPIENTS: WILLIAM HUGHES - PRESENTED AND SUZANNE BRADACH - NOT PRESENT Now we go to Service awards, A, five-year recipients of advisory board committees, and we have Mr. Bill Hughes from the Page 12 May 13, 2008 Environmental Advisory Council and Susan Bradach -- COMMISSIONER FIALA: Bradach. CHAIRMAN HENNING: -- Bradach from Housing -- MR. MUDD: Finance. CHAIRMAN HENNING: -- Finance Authority. MR. MUDD: Mr. Hughes and Ms. Bradach, if you could come forward, please. CHAIRMAN HENNING: I see Mr. Hughes. Congratulations. Thank you for your service. We appreciate it. There's a little pin for you. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Mr. Hughes, thank you very much. COMMISSIONER FIALA: Bill, thanks for all your service. COMMISSIONER COLETTA: Thank you for your service. MR. HUGHES: Thank you. Thank you all. CHAIRMAN HENNING: A picture for your dart board. (Applause.) Item #3A3 SERVICE AWARDS -10 YEAR RECIPIENTS: DR. FAY BILES- PRESENTED MR. MUDD: Commissioners, our next advisory board awardee is Dr. Fay Biles. She's served for 10 years on the water and wastewater utility. (Applause.) CHAIRMAN HENNING: Take your pin. DR. BILES: Thank you. COMMISSIONER HALAS: Thank you, Fay. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: Fay, thank you for all your help. Page 13 May 13,2008 (Applause.) MR. MUDD: Mr. Chairman, I'll read the subject line on the proclamation and mention those people to come forward. At the time that I read the proclamation and mention your name to come forward, please come forward, at which time -- the board's already approved the proclamation that's in the packet that you've helped craft and create, and so then we can take the pictures. And ifthere's someone there from your group that wants to speak on the particular item, if they'd just go to the podium after the pictures and basically say those comments, and then I'll move to the next item. Is that okay with you, Mr. Chairman, Commissioners? CHAIRMAN HENNING: That's good. Item #4A PROCLAMATION DESIGNATING MAY 25,2008 AS NATIONAL MISSING CHILDREN'S DAY. ACCEPTED BY AMELIA VASQUEZ AND MARIBEL SLABAUGH FROM THE NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN/COLLIER COUNTY - ADOPTED MR. MUDD: Okay. First proclamation is 4A. It's a proclamation designating May 25, 2008 as National Missing Children's Day. To be accepted by Amelia Vasquez and Maribel Slabaugh from the National Center of Missing and Exploited Children of Collier County. Mirabel and Amelia and anyone else for that particular item, please come forward. (Applause.) MS. VASQUEZ: Thank you so much. COMMISSIONER COLETTA: Thank you. MR. MUDD: Any podium you'd like to give your remarks, Page 14 May 13, 2008 ma'am. MS. VASQUEZ: My name is Amelia Vasquez. I'm here with the National Center for Missing and Exploited Children. I am a program manager. I want to thank the commissioners for your ongoing support. We've just recently had your support in a case campaign, which is a campaign against sexual exploitation. We appreciate your ongoing support. We also appreciate the Collier County Sheriffs Office support. I see Sheriff Don Hunter, our biggest supporter, and our continuance in prevention education here in Collier County. This calls attention to National Missing Children's Day. We use May 25th as a way to remember those that are still missing and those children that we want to bring home, and also cause attention to take 25 minutes -- we have a huge campaign address. It only takes 25 minutes to talk to each other about safety. We're providing and we've come up with 25 different ways the parents can address child safety. And we pretty much say, it's -- anytime is a perfect time that you can really talk to children. Take any moment that you can and embrace and really teach them vital information, and that could, perhaps, save them for a lifetime. And we're -- we -- our major event is going to take place on May 25th at Coastland Center Mall from 11 to six p.m. Here's where we have the Collier County Sheriffs Office joining us, the Naples Police Department, we also have Big Brothers/Big Sisters, we also have Boys and Girls Club, the Children's Advocacy Center of Collier County, the Collier County Health Department. In addition, we have the Youth Haven, Project Help and -- are also supporters of our project, which is Bringing Them Home campaign, which is Wal-Mart stores. Together, what we hope to address is that we can provide you vital information not only from our agency but all of these child Page 15 May 13, 2008 advocates and pretty much put that in your hands and open up the dialogue between your child, the parents, and guardians. I encourage you to join us on the 25th. There's also various information throughout the county and different events that will help address National Missing Children's Day and our campaign. Thank you so much. CHAIRMAN HENNING: Thank you. (Applause.) Item #4 B PROCLAMIA TION RECOGNIZING MAY 4 - 10, 2008 AS GOODWILL INDUSTRIES WEEK. ACCEPTED ON BEHALF OF GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA BY PRESIDENT AND CEO TOM FEURIG, VICE PRESIDENT OF COMMUNICATIONS AND DEVELOPMENT CAROLYN JOHNSON, AND VICE PRESIDENT OF RETAIL OPERATIONS BRIAN ITZKOWITZ - ADOPTED W/AGENDA APPROVAL MR. MUDD: Our next proclamation is recognizing May 4th to the 10th of 2008 as Goodwill Industries Week. To be accepted on behalf of Goodwill Industries of Southwest Florida by president and CEO, Tom Feurig; vice-president of communications and development, Carolyn Johnson; and vice-president of retail operations, Brian Itzkowitz. (Applause.) COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Good morning. Thank you. Thank you for your work. MR. FEURIG: My name's Tom Feurig, the CEO of Goodwill Industries of Southwest Florida. I'd like to thank you for the recognition. We appreciate it very much. Page 16 May 13,2008 I'd also like to recommit to you our involvement in Collier County. We have, through our Town Centre store, have an office for career development services, work evaluation and placement, and have affected 500 lives in the past year of people in Collier County, and we are committed to expand that and do even more through greater strategic efforts on our part in this area. Thank you very much for the recognition. (Applause.) Item #4C PROCLAMATION DESIGNATING MAY 18 - MAY 24,2008 AS NATIONAL ASSOCIA nON OF INSURANCE WOMEN WEEK. ACCEPTED BY ELIZABETH M. BELLAIRS, AAI, ACSR, CPIA, CLIENT ADVISOR, GULF SHORE INSURANCE, INC. - ADOPTED W/AGENDA APPROVAL MR. MUDD: The next proclamation is designating May 18th through May 24, 2008, as National Association of Insurance Women Week. To be accepted by Elizabeth M. Bellairs, AAI, ACR -- excuse me -- ACSR, and CPIA, client advisor, Gulfshore Industries (sic), Inc. (Applause.) COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. CHAIRMAN HENNING: Thank you. MS. BELLAIRS: I'd just like to thank you for the recognition. Thank you very much. CHAIRMAN HENNING: You're welcome. Thank you. (Applause.) Item #4 D Page 17 May 13, 2008 PROCLAMATION RECOGNIZING CURRENT AND FUTURE LEADERS. ACCEPTED BY LEOMENE AIME, MAGDONALD AIME, MERCEDES CONTRERAS, ADELENE EXCEUS, JOSE GALVAN VILLEGAS, WILTA GREFIN, ELIZABETH HERNANDEZ, GILBERTO MARTINEZ, JOSE LUIS MARTINEZ, JR., AND JOHNY WILLIAMCEAU - ADOPTED W/AGENDA APPRO V AL MR. MUDD: Commissioners, the next proclamation is to recognize current and future leaders. To be accepted by Leomene Aime, MagDonald Aime, Mercedes Contreras -- help me. I hope I'm murdering -- I'm not murdering them, I hope, but my apologies-- Adelene Exceus, Jose Galvan Villegas, Wilta Grefin, Elizabeth Hernandez, Gilberto Martinez, Jose Juis Martinez, Jr., and Johnny Williamceau. (Applause.) CHAIRMAN HENNING: Enjoy yourself. Meet all your Congressmen. COMMISSIONER HALAS: Good to see you. COMMISSIONER FIALA: Good morning. COMMISSIONER HALAS: Good morning, sir. How are you? (Applause.) MS. DEGAR: Good morning, my name is Brogy Degar (phonetic). I work with the Collier County School's Migrant Education Program, and I'm also a research teacher at Immokalee High School. And I'm very honored to be here with this group of students this morning. These 10 students have been selected to travel to Washington D.C. to participate in the Close-up Foundations Program for new Americans. They will be there from June 15th through the 21st. Right now they're learning about local government. There they'll learn about national government. Page 18 May 13,2008 When they come back, they will be expected to design and implement a local community service project and to use the skills that they have acquired and the leadership skills that they have developed in Washington D.C. And they won this opportunity, they earned this opportunity through their academic record, they had to write essays, they had to get letters of recommendation, school participation, demonstrated leadership as citizenship, et cetera. So I'm going to pass the mike on to one of the students who will publicly thank you as well. Thank you. (Applause.) MS. HERNANDEZ: Good morning. My name is Elizabeth Hernandez, and I'm representing -- oh, I'm sorry. I'm speaking on behalf of the Soza program. I would like to thank you for giving me this opportunity to be here and experience this board meeting, and thank you for inspiring us with your proclamation. Thank you. (Applause.) Item #4 E PROCLAMATION RECOGNIZING MAY 18-24,2008 AS COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEEK. ACCEPTED BY COLLIER COUNTY BUREAU OF EMERGENCY SERVICES DIRECTOR DAN SUMMERS - ADOPTED W/AGENDA APPROVAL MR. MUDD: The next proclamation is to recognize May 18th through the 24th, 2008, as Collier County Emergency Medical Services Week. To be accepted by Collier County Bureau of Emergency Services director, Dan Summers. MR. SUMMERS: And I've asked the chiefs of the respective services, our partners, to join me as well. Page 19 May 13,2008 (Applause.) COMMISSIONER FIALA: Thank you so much. COMMISSIONER HALAS: Thank you so much. MR. SUMMERS: I like these pictures with the sheriff. I could use them. (Applause.) MR. SUMMERS: Mr. Chairman, and if! may, this year's theme for the Emergency Medical Services Recognition Week is "Your Life is Our Mission." This statement was chosen to recognize the commitment and the professionalism of our emergency medical personnel at all levels, our first responders, our law enforcement, our fire partners, our fire paramedics, Collier County's mobile intensive care paramedics, as well as our MedFlight personnel, and our civilians that are important in our recognition, the notification of 911 bystander assistance CPR, and our telecommunicators within dispatch centers that helps us. Part of this team's respective success, however, is provided by a very strong leader, and he's not here today, but I'd like to also recognize Dr. Robert Tober. His license, his guidance -- (Applause.) MR. SUMMERS: His license, his guidance, and, trust me, his vigilance in terms of medical care, has made this team one of the -- an unparalleled lifesaving team in the Continental United States. And, again, on behalf of all the responders in Collier County and the entire team, thank you for this recognition. CHAIRMAN HENNING: Thank you, Mr. Summers. (Applause.) Item #4 F PROCLAMATION RECOGNIZING MAY 2008 AS NATIONAL WATER SAFETY MONTH. ACCEPTED BY KERRY RUNYON, Page 20 May 13,2008 REGIONAL MANAGER AT NORTH COLLIER REGIONAL PARK AND GOLDEN GATE COMMUNITY PARK- ADOPTED W / AGENDA APPROV AL MR. MUDD: Commissioners, the next proclamation is to recognize May, 2008, as National Water Safety Month. To be accepted by recreational supervisor of the Sun-n-Fun Lagoon, Bradie Allen. (Applause.) COMMISSIONER COLETTA: Thank you. COMMISSIONER FIALA: I thought everybody'd be up here in swim suits or something. COMMISSIONER FIALA: Great smile. COMMISSIONER COLETTA: That's got to be a frog. UNIDENTIFIED SPEAKER: This is Sunny, our mascot. MS. RUNYON: Good morning. I'm Kerry Runyon, regional manager at North Collier Regional Park and Golden Gate Community Park. I just wanted to thank you for this recognition. I just want to reemphasize water awareness during this month of May. There are some statistics of, six people drown in U.S. pools per day. Statistically water parks are the safest place for families to have fun in the water. Compared to other recreational aquatic facilities, both guarded and unguarded, including community pools, beaches and lakes, water parks have the lowest risk of danger from drowning. Collier County emphasizes safe water practices. Learn to swim; swim in areas supervised by a lifeguard; read and obey all rules posted; children that are inexperienced swimmers should take precautions; watch out for dangerous too's, too tired, too cold, too much strenuous activity; set water safety rules for the whole family; be knowledgeable of the water environment you are in and potential hazards; pay attention to local weather conditions and forecasts; and finally, use a feet-first entry into the pool. Page 21 May 13, 2008 There have been, at Sun-n-Fun Lagoon Water Park, it's truly an asset to Collier County residents, and there have been 341,975 visitors at the water park since it opened in June 21, 2006. I just wanted to thank you. CHAIRMAN HENNING: Thank you. (Applause.) Item #4G PROCLAMATION RECOGNIZING MAY 12-16,2008 AS NATIONAL TRANSPORTATION WEEK. ACCEPTED BY TRANSPORTATION SERVICES DIVISION ADMINISTRATOR NORMAN FEDER, TRANSPORTATION ENGINEERING AND CONSTRUCTION MANAGEMENT DEPARTMENT DIRECTOR JAY AHMAD, TRAFFIC OPERATIONS DEPARTMENT DIRECTOR BOB TIPTON, ALTERNATIVE TRANSPORTATION DEP ARTMENT DIRECTOR DIANE FLAGG, ROAD MAINTENANCE INTERIM DIRECTOR JOHN VLIET, TRANSPORTATION PLANNING DEPARTMENT DIRECTOR NICK CASALANGUIDA, AND ASSOCIATE PROFESSOR OF ENVIRONMENTAL AND CIVIL ENGINEERING, U.A. WHITAKER SCHOOL OF ENGINEERING CYNTHIA ORNDOFF - ADOPTED W/AGENDA APPROVAL MR. MUDD: Next proclamation is to recognize May 12th through the 16th, 2008, as National Transportation Week. To be accepted by transportation service division administrator, Norman Feder; transportation engineer and construction management department director, Jay Ahmad; traffic operations department director, Bob Tipton; alternative transportation department director, Diane Flagg; road maintenance interim director, John Vliet; transportation planning department director, Nick Casalanguida; and Page 22 May 13, 2008 associate professor of environmental and civil engineering, the u.A. Whitaker School of Engineering, Cynthia Orndoff; and also accepting the proclamation will be Fletcher Combs, president, and Caesar Nunez, vice-president of the Gulf Coast -- of the gulf -- of the Florida Gulf Coast University student chapter of the American Society of Civil Engineers. COMMISSIONER HALAS: Just want to thank Chairman Henning for saving my soul this morning, because this was going to be about a 15-minute proclamation. Who else gets this? (Applause.) CHAIRMAN HENNING: Hope you look forward to doing, you know, community service. MR. FEDER: Commissioners, very quickly, for the record, because I appreciate that this board has managed to make basically every week since at least 2000, when I came on board, transportation week, I will be very brief so they'll continue to do so. The only thing I did want to recognize is having the folks here from the engineering school at Florida Gulf Coast and the students. As a matter of fact, one was an intern in stormwater department recently. They are the future transportation leaders, they're going to bring us forward, and so we're looking to work with them and to encourage folks to consider that as a profession. I thank you very much. CHAIRMAN HENNING: Thank you. COMMISSIONER COYLE: Is proclamation writing a profession also in the transportation department? MR. FEDER: It hasn't gotten down to an art of perfection as far as -- COMMISSIONER COYLE: Well, you certainly hold the record for the longest proclamations ever in Collier County. MR. FEDER: Thank you. (Applause.) Page 23 May 13, 2008 Item #4 H PROCLAMATION RECOGNIZING MAY 18, 2008 AS HAITIAN FLAG DAY. ACCEPTED BY ANCELOT SIMILIEN, COORDINATOR AND DIRECTOR OF LA PERLE TV OF COLLIER COUNTY - ADOPTED W/AGENDA APPROVAL MR. MUDD: The next proclamation is to recognize May 18, 2008, as Haitian Flag Day. To be accepted by Ancelot Similien, coordinator and director of La Perle TV of Collier County. (Applause.) CHAIRMAN HENNING: Congratulations. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. MR. MUDD: Take a picture. (Applause.). MR. SIMILIEN: I just want to thank the Board of Commissioners for making that effort possible, and I also wanted to invite every single one who live in Collier County and Lee County to the Haitian Flag Day Fest on May 18th. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) Item #41 PROCLAMA nON RECOGNIZING MAY 2008 AS OLDER AMERICANS MONTH. ACCEPTED BY THE EMPLOYEES OF HOUSING AND HUMAN SERVICES DEPARTMENT SERVICES FOR SENIORS: MARCY KRUMBINE, DIRECTOR; BONNIE F AULS, CASE MANAGER SUPERVISOR; CARL TON BRONSON, CASE MANAGER; DEBBI MAXON, CASE Page 24 May 13,2008 MANAGER; KELLY ROBINSON, CASE MANAGER; LESLIE WEINREB, CASE MANAGER; TERRI DANIELS, ACCOUNTING SUPERVISOR; DORY CARILLO, ACCOUNTING TECHNICIAN - ADOPTED W/AGENDA APPROVAL MR. MUDD: Commissioner, the next proclamation is to recognize May, 2008, as Older American Month, and it's to be accepted by -- COMMISSIONER HALAS: Hey. I am. MR. MUDD: Come on down, Commissioners. And I've got several, several changes to who's here as far as this is concerned. So for this proclamation, the speakers will be Leigh Schield, the director of the Area Agency on Aging, and if Leigh could come down; and then Betty Gamble, Gamel, of the Senior Friendship Centers. In attendance will be the housing and human services staff, Marcy Krumbine, director; Bonnie Fauls, case management supervisor; Debbi Maxon, case manager; Carlton Bronson, case manager; Kelly Robinson, case manager; Leslie Weinreb, case manager; Heidi Fahnestock, nutrition program leader; Sharon Downey, RSVP program coordinator; Terri Daniels, accounting supervisor; Dory Corrillo, accounting technician; and Ana Diaz, operation coordinator. The providers, Luanne Wahlstrom, care club; Kathy Hughes, Accucare Nursing; Steve Edmonston, Alzheimer's support group. Partners, Leigh Schield, director of the Area Agency On Aging; Betty Gamble (sic), Senior Friendship Centers; Yvette Spiker, parks and recreation; Mary Lou Lindsay, Goodwill Industries; Eddy Hartnack, Veterans Services; Deb Milsap, Collier County Health Department; Jackie Borchers, Collier County Sheriffs Office; Angela Larson, Collier County Sheriffs Office. Our seniors, Mrs. Beth Packer, Mrs. Irby, Mrs. Rebina Kingston, Ms. Sebell -- Sobel, Marie Turnbull, Patricia Cavaseno, Joanne Dole Page 25 May 13,2008 -- Joan Dahl, and Mr. Mel Scott. I think we've got them all. UNIDENTIFIED SPEAKER: There's a few others, but they won't come up. MR. MUDD: So now we've got to smile. That's the hardest part. (Applause.) CHAIRMAN HENNING: Well, that's half the room, Commissioner Fiala. I think we -- we're getting there. COMMISSIONER COYLE: Where were the older members? I didn't see any. COMMISSIONER FIALA: We stayed up here, Fred. COMMISSIONER COYLE: Oh, okay. COMMISSIONER HALAS: Yeah, Fred. MS. GAMEL: I'm Betty Gamel, director of Senior Friendship Centers here in Collier County. Commissioner Henning and other commissioners, I am pleased to be here today to receive this proclamation designating May, 2008, as Older American's Month. The agencies that were represented here function under the direction of Collier County Government, the Department of Elder Affairs, and the health department. While each of our agencies provide specific services, working together as partners we're better able to identify the needs and resources available to help enhance the quality of life of our seniors and help them live in dignity and independence. In these trying economic times, it is important that we continue to maintain these services. Today American seniors provide an example for the younger generations, and during Older American's Month, we reflect on their efforts toward building a stronger and brighter future for all. Thousands of older Americans give millions of hours of volunteer service to communities in which they live through volunteering as well as provide financial support through direct contributions or tax. In Collier County alone, thousands of hours of volunteer services Page 26 May 13, 2008 are coordinated through the RSVP program under the direction of the housing and human service department of the county. Senior Friendship Centers could not provide the needed healthcare to seniors in our community without these thousands of hours of volunteers that are provided through the doctors, nurses, dentists and other support staff. Many of the other agencies that are here today also rely on the support that comes from seniors. We remain forever in their debt. They provide a guiding light for the rest ofthe nation to follow. We, as a community, are fortunate to have these services available, and we are grateful to our seniors, our government, and the many agencies providing the services, and we look to the future where there will be an increasing number of older adults. Following in the footsteps of our current seniors, they promise to be among the most active and engaged older adults in our nation's history . Thank you. CHAIRMAN HENNING: Thank you. (Applause.) MS. SCHIELD: Good morning, Mr. Chairman and Commissioners. My name is Leigh Schield. I'm with the Area Agency on Aging in Fort Myers, Florida. I wanted to come down here today and also recognize the hard work that Collier County Human and Housing Services (sic) provides to your community. Without their work, there are many seniors that would end up being prematurely placed into a nursing home, and their staff works very, very hard for you. They have made a huge difference in your community by providing respite, meals, many emergency services that, without their help, many seniors would go without. So thank you very much for the proclamation and also for recognizing the hard work that they do. (Applause.) Page 27 May 13, 2008 Item #4J PROCLAMATION DESIGNA TING MAY 16, 2008 AS NA TIONAL BIKE TO WORK DAY AND THE ENTIRE MONTH OF MAY, 2008, BE DESIGNATED AS NATIONAL BIKE MONTH. ACCEPTED BY NICK CASALANGUIDA, DIRECTOR, TRANSPORTATION PLANNING DEPARTMENT; DAVID BUCHHEIT, COMMUNITY TRAFFIC SAFETY TEAM CHAIRMAN; RUSS MULLER, AMERICAN'S WITH DISABILITIES COORDINATOR; JERRY KURTZ, NAPLES AREA TRIA THLETES MEMBER; JOE BONNESS, P A THW A YS ADVISORY COMMITTEE CHAIRMAN; ALLAN RYKER, NAPLES, PATHWAYS COALITION - ADOPTED W/AGENDA APPROVAL MR. MUDD: Commissioners, our last proclamation for today is designating May 16,2008 as National Bike to Work Day, and the entire month of May, 2008, to be designated as National Bike Month. To be accepted by Nick Casalanguida, director of transportation of planning department; David Buckheit, community traffic safety team chairman; Russ Muller, Americans with Disability coordinator; Jerry Kurtz, Naples Area Tri-Athletes member; Joe Bonness, Pathways Advisory Committee chairman; and Allan Ryker, the Naples Pathway Coalition. (Applause.) COMMISSIONER FIALA: Goods morning. COMMISSIONER HALAS: Happy Father's Day. COMMISSIONER COYLE: Joe, good to see you. Good mornmg. MS. FILSON: Who has the proclamation? COMMISSIONER FIALA: I do. I'm just standing here doing Page 28 May 13, 2008 nothing. CHAIRMAN HENNING: That's all right. Just look pretty. CHAIRMAN HENNING: Joe, yours is upside-down. UNIDENTIFIED SPEAKER: It doesn't count if it's upside-down. (Applause.) MR. BONNESS: Joe Bonness, with the Pathway Advisory Committee. We thank you very much for this recognition. You know, we have had several individuals that have been very, very heavily active in trying to get bikes out on the road and to be sure that we're safe with what we're doing. David with the CTST, and . Russ have just been tireless in being able to get us into a safe mode of riding. Allan Ryker with the MPC has worked diligently to be able to try and get the facilities put together, and all my members of the Pathway Advisory Committee. And we're getting to a turning point right now. It's all coming to a head. We've got, you know, the cost of living and everything going on out within -- you've seen the problems that we have just in being able to get out there, price of gas $4 a gallon. You know, we're seeing parking spaces for $29,000 apiece. It's got to give. The -- using bicycles to be able to get around solves a lot of those problems. It's not the answer for everybody, but we thank the commission for diligently putting and providing (sic) things together so that we do have this alternate need -- mode of transportation. Thank you. (Applause.) MR. MUDD: Commissioner, that -- CHAIRMAN HENNING: Well said. Item #5A Page 29 May 13, 2008 PRESENTATION TO SHERIFF DON HUNTER AND THE COLLIER COUNTY SHERIFF'S OFFICE FOR COMPLETING THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) CROSS-TRAINING PROGRAM TO IMPROVE IMMIGRATION ENFORCEMENT IN FLORIDA. TO BE PRESENTED BY SENATOR BURT SAUNDERS- PRESENTED MR. MUDD: That brings us to the presentations section, and the first presentation is to Sheriff Don Hunter and the Collier County Sheriffs Office for completing the United States Immigration and Customs Enforcement cross-training program to improve the immigration enforcement in Florida. To be presented by Senator Burt Saunders. SENATOR SAUNDERS: Thank you, Mr. Chairman, and Commissioners. As we do every week, we like to congratulate people in the community that are doing wonderful things to make our community better and stronger. Last week I had the pleasure of being over at Youth Haven where Sheriff Hunter was recognized for his tremendous service to the kids, the children in our community. He received a very deserving award from that. And we're here today to talk about the Immigration and Customs Enforcement, an operation that is being undertaken in Sheriff Hunter's department. And I wanted to read just one little quick thing here that I think summarizes it, and then I'll go through the resolution very quickly. Twenty-seven members of the Collier County Sheriffs Office were certified in a four-week course to act as U.S. Immigration and Customs Enforcement agents. This is the only department in Florida that has cross-trained with Immigration Customs and one of the few in Page 30 May 13,2008 the country. And the purpose of this is to make sure that people that are here illegally, if they're committing crimes, are going to be deported, and I think that that's a very important message to send to all our citizens, that criminal activity simply will not be tolerated anywhere, and especially if it's serious criminal activity by people that are here illegally. And so the Florida Senate unanimously passed a resolution. And Mr. Chairman, if! could just quickly read this, I think it will -- it will summarize everything that we're talking about. This is a resolution recognizing Sheriff Don Hunter and the Collier County Sheriffs Office for completing the United States Immigration and Customs Enforcement cross-training program to improve immigration enforcement in Florida. Whereas, the people of Collier County and the State of Florida have expressed serious concerns related to the need for improved immigration enforcement with respect to individuals who are not lawfully residing in the State of Florida and the United States; and, Whereas, the Illegal Immigration Reform and Immigratant Responsibility Act added section 287(g) to the Immigration and Nationality Act authorizing state officers and employees to enforce immigration laws; and, Whereas, the cross-designation between Immigration and Customs Enforcement officers and state and local patrol offices, detectives, investigators, and correctional officers provides local and state officers with the resources to pursue investigations related to violent crime, human smuggling, gang and organized crime activity, sexual related offenses, narcotics smuggling, and money laundering; and, Whereas, Collier County Sheriff Don Hunter recognized the benefit to the community of participating in this joint venture with. ICE and entered into a Memorandum of Agreement with the Secretary Page 31 May 13, 2008 ofthe United States Department of Homeland Security to cross-train 27 Collier County Sheriffs Office deputies and corrections officers to enforce immigration laws; and, Whereas, the Collier County Sheriffs Office is the first local law enforcement agency in Florida to complete the cross-training of officers who are empowered to identify violent criminal aliens, take those aliens into custody, and begin procedures for removing the aliens from Collier County, the State of Florida, and the United States; and, Whereas, this innovative landmark effort by Sheriff Don Hunter and the 27 officers of the Collier County Sheriffs Office will serve to make the State of Florida a place where criminal aliens will not seek respite and a safe haven from prosecution and deportation, thereby making our great state a safer place to live, work, and visit; and, Whereas, Sheriff Don Hunter has established himself as a role model for all law enforcement leadership to follow in protecting the people of the State of Florida from criminal activities by those who are not legally residing in the United States; and, Whereas, the State of Florida recognizes the benefit, the safety of its residents and visitors and the positive economic effect of these actions in deterring and limiting illegal activities of illegal aliens. Now, therefore, be it resolved by the Senate of the State of Florida that the Senate recognizes and commends Sheriff Don Hunter, the Collier County Sheriffs Office, and the 27 Collier County officers who have completed the United States Immigration and Customs Enforcement cross-training program. And this is signed by the Senate -- president of the Senate, Ken Pruitt. Mr. Chairman, in could present this to Sheriff Hunter. We do have four copies of -- four originals of the resolution for Sheriff Hunter and his deputies. CHAIRMAN HENNING: Great. Thank you. Page 32 May 13, 2008 COMMISSIONER FIALA: You make us so proud, Don. COMMISSIONER COLETTA: Good work, man. CHAIRMAN HENNING: Great service. COMMISSIONER HALAS: Thank you for your service. COMMISSIONER COYLE: It's good to see you. Thank you. SHERIFF HUNTER: Two are the coordinators for the ICE program that we have here. Also our mentors for the class. (Applause.) SHERIFF HUNTER: I'll say a quick word. And Mike Williams, corporal -- former border patrol, U.S. Border Patrol, as well as an attorney; and Captain Chris Freeman, who runs -- Corporal Williams runs the street side of the 287(g) program, which is what this program is known as which is targeting our gang members and violent offenders on the street, identifying them, looking at their criminal history, and identifying them as illegal foreign nationals, and then hopefully taking them off the street through various sweeps that we do. And Captain Freeman, of course, is running our jails and looking at individuals who have been booked into the process. We've been able to identify about 600 serious criminal offenders who are here illegally in the United States. We've been able to actually remove about 380 since beginning in September. We believe that all 600 of those who have been identified will be ultimately removed. And of course, it's a moving number. We're identifying more and more each day as we go along, and we believe that the crime rate will be duly affected in a positive way, further driven down because we're finding that these people, the 600 are repeat offenders here in Collier County, and they certainly can't offend when they are no longer here. We very much appreciate the support of the Board of County Commissioners here for what you've done in the past to recognize this program. COMMISSIONER FIALA: And thank you for keeping us safe. Page 33 May 13, 2008 We really appreciate that. SHERIFF HUNTER: Thank you, Commissioner Fiala. (Applause.) CHAIRMAN HENNING: Illegal immigration is one of the hot topics in our community, and Sheriff Hunter has stepped up to the plate and provided service for his constituents. I think it's a great program, and I believe the community supports it. COMMISSIONER COYLE: You bet. Item #5B PRESENTATION BY SENATOR SAUNDERS TO WILLIAM LASCHEID, M.D., AND NANCY LASCHEID, R.N.; FOR THEIR OUTSTANDING PUBLIC SERVICE IN MAKING QUALITY MEDICAL CARE AVAILABLE TO UNINSURED, LOW- INCOME ADULTS IN COLLIER COUNTY BY ESTABLISHING AN EXEMPLARY VOLUNTEER-BASED NEIGHBORHOOD HEALTH CLINIC, COORDINATING ITS SERVICES, AND SERVING AS VOLUNTEERS - PRESENTED MR. MUDD: The next presentation-- COMMISSIONER FIALA: Why not? MR. MUDD: -- is by Senator Saunders to William Lascheid, M.D., and Nancy Lascheid, RN, for their outstanding public service in making quality medical care available to uninsured, low-income adults in Collier County by establishing an exemplary volunteer-based neighborhood health clinic, coordinating its services, and serving as volunteers. Senator? SENATOR SAUNDERS: Thank you, Mr. Chairman and Commissioners. Before I start, I want to pass around this magazine. This is a Page 34 May 13, 2008 beautiful picture of Bill and Nancy Lascheid that I think tells the whole story about their love affair for -- how many years have you all been -- MS. LASCHEID: Fifty-two. SENATOR SAUNDERS: Fifty-two years. She was eight years old when they got married. DR. LASCHEID: And I was two. SENATOR SAUNDERS: Again, Commissioners, in terms of recognizing people that have gone above and beyond the norm to serve the community -- and we have a wonderful community. People here are willing to spend a lot of their effort, a lot of their time, a lot of their money to help the less fortunate, but there's some that go above and beyond what you normally expect from people, and Bill and Nancy Lascheid have done that. The Florida Senate, again, has passed a resolution commending them, and with your permission, I'd like to read through that very quickly. And this is a resolution recognizing Dr. William Lascheid and Nancy Lascheid for their outstanding public service in making quality medical care available to the uninsured, low-income adults in Collier County by establishing an exemplary volunteer-based neighborhood health clinic, coordinating its services, and serving as volunteers. And as you all know, we have a crisis in healthcare. Our emergency rooms are filled with people that can't get primary care. And what Bill and Nancy Lascheid have done has helped to alleviate a large measure of that problem here in Collier County, and at no expense to the government. Whereas, the delivery of health care services to individuals who lack the means to pay for the services is a pressing problem in this and every state; and, Whereas, many working adults, particularly those earning minimum wage, are uninsured because they cannot afford health Page 35 May 13,2008 insurance; and, Whereas, the healthcare needs of the underserved population cannot be met without the help of compassionate volunteers; and, Whereas, Dr. William Lascheid and Nancy Lascheid are among the most generous of those volunteers and that they have, since 1992, faithfully supported the provision of healthcare services for individuals living in Collier County who have limited financial resources; and, Whereas, William and Nancy Lascheid co-founded the Neighborhood Health Clinic in 1999 based on an innovative concept combining philanthropy and volunteerism to provide quality medical care and prescription medicines to adults in their community who are working but uninsured at a cost to patients for each visit of one hour of their wages; and, Whereas, William and Nancy Lascheid have labored selflessly to enlist and coordinate the volunteer services of physicians, nurses, other healthcare professionals and community members to offer health services at the Neighborhood Health Clinic; and, Whereas, in 2002, the Neighborhood Health Clinic moved from its first site and donated storefront space to a more spacious and modern facility having a staff of volunteer physicians and nurses and a total of more than 500 volunteers funded entirely through private philanthropy; and, Whereas, as volunteers of the Neighborhood Health Clinic have donated 87,458 hours of services worth nearly $7.5 million, and medical providers outside the clinic have donated services to the clinic patients which are worth nearly $4.4 million; and, Whereas, as of June, 2007, the doctors volunteering for the clinic have provided medical consultation to patients in 28,702 visits, and the clinic had filled many thousands of prescriptions that together have a retail value of over $4.2 million; and, Whereas, William and Nancy Lascheid have received numerous Page 36 May 13,2008 awards and accolades recognizing the establishment, success, and value of the Neighborhood Health Clinic and their exemplary volunteer services, including the National Jefferson Award for Public Services, the Gulfshore Life Man of the Year in Medicine, the Florida Medical Association Partnership in Medicine Award, the Community Foundation Robert C. Cosgrove Award, the Naples Daily News 2001 Outstanding Citizen Award, and the State of Florida Points of Light Award. Now, therefore, be it resolved by the Senate of the State of Florida that the Florida Senate recognizes Dr. William Lascheid and Nancy Lascheid for their years of exemplary and selfless service to the people of Collier County and this state. And Chairman and Members -- again, this is signed by the president of the Senate, and I have two copies to present to Bill and Nancy Lascheid. CHAIRMAN HENNING: Thank you. (Applause.) MS. LASCHEID: Thank you. CHAIRMAN HENNING: Thank you for your service. COMMISSIONER COLETTA: Thank you so much. COMMISSIONER HALAS: Congratulations. Thank you for what you're doing for this community. CHAIRMAN HENNING: Yes. Thank you so much. You've made a difference. COMMISSIONER HALAS: Thank you for what you're doing for this community. COMMISSIONER COYLE: Congratulations. COMMISSIONER COLETTA: You're a hero as far as I'm concerned. (Applause.) MS. LASCHEID: This is, indeed, a community effort, and we're delighted to have the opportunity to take care of the working poor in Page 37 May 13,2008 Collier County, and we're delighted to be associated with so many people who have stepped forward to participate, many of you in this room. I would ask our staff, our administration, our founders, to please stand, including you, Commissioner Fiala. You were in the beginning, too. Please stand. These are the people who deserve the round of applause. (Applause.) MS. LASCHEID: Thank you very much. SENATOR SAUNDERS: Commissioners, thank you very much. Item #5C PRESENTATION BY THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT HAS ADOPTED THE PHOENIX A WARD TO RECOGNIZE THOSE EMS PARAMEDICS EMTS, FIREFIGHTERS AND SHERIFFS DEPUTIES, WHO THROUGH THEIR SKILLS AND KNOWLEDGE, HAVE SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAD DIED - PRESENTED MR. MUDD: Commissioner, the next proclamation (sic) is the Phoenix Award. The Phoenix is a mythological bird that died and rose renewed from its ashes. The Collier County Emergency Medical Services Department has adopted the Phoenix Award to recognize those EMS paramedics, EMTs, firefighters, and sheriffs deputies who, through their skills and knowledge, have successfully brought back to life individuals who have died. Ellen? MS. ELLEN: We are proud to recognize the following heros. Will the following personnel please come forward: Collier County EMS Lieutenant, Kim Anderson; Lieutenant Page 38 May 13,2008 Michael Apicella. Mike is receiving two awards today. COMMISSIONER FIALA: Wow. MS. ELLEN: Lieutenant Tony Camps, Lieutenant Jackie Lockerby, Lieutenant Laurie McKenney, Lieutenant Paul Passaretti, Lieutenant John Plummer, Lieutenant Arthur Wolf. Art's receiving three awards today. Paramedic Jolene Apicella, Lieutenant Christine Gomez, Paramedic Debra Hancock, Paramedic Debra Kamzan, Paramedic Stephen Krivjanik, Paramedic Josh Muhammed, Paramedic Greg Pacter, Paramedic John Perry, Paramedic Kelly Renton, Paramedic Brad Underwood. Brad receives two awards today. Paramedic John -- excuse me -- EMT John Maguire, Paramedic Adiele Pinero (phonetic), Jr., EMT Jeff Sammonds (phonetic). From Golden Gate Fire Department, Lieutenant Rusty Godette. Rusty's receiving two awards today. Firefighter Jose Garcia, Firefighter Ben Krick, Firefighter John Richard, Firefighter James Y oungsman, Engineer Jake Beckman, Engineer Jesus Padilla, Engineer Matt Trent, Engineer Scott Wilson. From North Naples Fire Department, Captain Chuck Bacon, Lieutenant Stan Laurich (phonetic), Engineer Larry Ochem (phonetic), Firefighter Jeff Morris. From East Naples Fire Department, Captain Sean Hunt, Lieutenant Bill Packard, Firefighter/EMT Dave Vernon, and engineer Jarret Cotter. From Isle of Capri Fire Department, Firefighter David Thomas. From the Marco Fire -- Marco Island Fire Department, Battalion Chief Don James, Battalion Chief Jeff Kutzke, Captain Dean Heasley, Firefighter/Paramedic James Jay, Firefighter/EMT Steve Fickling. Steve's receiving two awards today. Firefighter Kenny Alford, Firefighter Dustin Beatty, Firefighter Heath Nagel. Heath is receiving two awards today. Firefighter Leo Rodriguez. From the Collier County Sheriffs Office, Corporal Robert Cady, Deputy John Knowlton, Deputy Rollin Stone. Page 39 May 13, 2008 From Marco Island Fire -- correction -- Marco Island Police Department, Lieutenant Cliff Morine, Officer Frank Stieger, Officer Tige Thompson. The citizens and visitors of Collier County have truly received world-class patient care due to the dedication, desire, and determination of local law enforcement, fire department and EMS personnel. Commissioners, county personnel, and visitors of to day's meeting, I am honored to present to you today's heros. (Applause.) MS. ELLEN: Okay. We've got two more who weren't on my list, Scott Hogan from East Naples Fire Department and Scott MacQuarrie from East Naples Fire Department. MR. MUDD: Did they get a picture yet? Wide angle. COMMISSIONER FIALA: Somebody needs to be hanging from the rafters and take it that way. COMMISSIONER COLETTA: Make sure your supervisor buys you lunch today. (Applause.) MS. ELLEN: Thank you. CHAIRMAN HENNING: Congratulations, thanks. COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Great job. CHAIRMAN HENNING: Congratulations. You know, it was -- County Manager, it was great that first responders brought some of their family here. I see a young, blond-haired boy. Who's father (sic) is that? COMMISSIONER FIALA: That's Greg Spears. CHAIRMAN HENNING: Is that Greg Spears? That's absolutely COMMISSIONER FIALA: His grandson. CHAIRMAN HENNING: Oh, grandson. Page 40 May 13,2008 COMMISSIONER COYLE: Yeah, Greg's getting old. CHAIRMAN HENNING: Well, he's not as old as I. Item #5D PRESENTATION RECOGNIZING EDDIE CHESSER, SENIOR EQUIPMENT OPERA TOR, COASTAL ZONE MANAGEMENT, AS EMPLOYEE OF THE MONTH FOR APRIL 2008 - PRESENTED MR. MUDD: Commissioners, the next presentation is to recognize Eddie Chesser, who's the senior equipment operator, coastal zone as Employee of the Month of April, 2008. Mr. Chesser, if you could come forward, please. COMMISSIONER FIALA: He can't fight his way through the gang. MR. MUDD: Thanks, Eddie. COMMISSIONER COLETTA: Hey, Eddie. MR. MUDD: Eddie Chesser, senior equipment operator, has been nominated as the Employee ofthe Month for April, 2008. An employee of the county for over 18 years, Eddie exceeds expectation with a smile and positive attitude every day. Eddie does everything he can to beautify and maintain Collier County beaches. He is always willing to come in early, stay late, and even come in when he's off duty to help out. Eddie is a team player who promotes an environment based on teamwork. He is always willing to take on extra responsibility and duties. When the department needed a certified diver to assists the environmental specialist, Eddie stepped up and offered to be recertified as dive buddy to help when needed. He has also designed and fabricated several pieces of equipment for use at work. His ability to think outside the box has led to a Page 41 May 13,2008 financial savings to Collier County by helping to reduce the need for subcontractors and third-party maintenance. He is always looking for a better way to do something and a better way to do his job. Eddie is a great example for other employees and is truly deserving of this award. Commissioners, I present to you Eddie Chesser, senior equipment operator, coastal zone management, Employee of the Month for April, 2008. (Applause.) CHAIRMAN HENNING: Give you this plaque, and there's also a check on behalf of the board. You might want to give that to your wife. And a letter on behalf of the board. Congratulations. COMMISSIONER FIALA: Thank you so much. COMMISSIONER HALAS: Hi, Eddie. Thanks a lot for everything you do. COMMISSIONER COYLE: Thank you so much. CHAIRMAN HENNING: Can we get a picture with you? COMMISSIONER FIALA: Boy, your family's been here a long time, hasn't it, Eddie? MR. CHESSER: Thank you. (Applause.) Item #5E PRESENTATION ON THE SOUTH REGIONAL LIBRARY CONSTRUCTION PROJECT BY DEANGELIS DIAMOND CONSTRUCTION, GENERAL CONTRACTOR - PRESENTED MR. MUDD: Commissioner, our next presentation is on the South Regional Library construction project by Deangelis Diamond Construction, general contractor. Hank, I think you're going to open it up. Page 42 May 13,2008 MR. JONES: Good morning, Hank Jones, facilities management. I'd like to introduce to you this morning Reggie Morgan, director of construction from Deangelis Diamond, who's going to give you a quick update on the status of the new South Regional Library. Reggie? MR. MORGAN: Thank you, Hank. We would like to thank Collier County for the opportunity for constructing the South Regional Library; Hank Jones, the principal project manager; Marilyn Matthes, the director, the librarian/director; and also CH2 Hill (sic) for assisting us throughout the construction of the project. At this time I would like to introduce our team that's responsible thus far for the construction. Jay Watbillig, the principal of Deangelis Diamond, the first individual; myself, director of construction; and Ralph Payne, which is the estimator and project manager; and Doug Aikey, the project superintendent. At this time I'm going to introduce Ralph. He's going to come up and walk through the progress ofthe job. MR. PAYNE: Thank you very much, Reggie. My name is Ralph Payne, with Deangelis Diamond Construction. I'm the project manager for the South Regional Library, and we've put together a brief slide presentation to demonstrate to you where the construction process is to date, starting from the beginning. The first slide shows us when we first mobilized to the job site back in -- November 2nd. That's when we got our Notice to Proceed. You can see that the first slip of asphalt was down and the building pad was already prepared for us when we mobilized to the site. During that first month we started with the concrete footings and foundation systems for the building, and we also got started on the first slip, the masonry walls. In the second month of December we went vertical with all the Page 43 May 13, 2008 exterior walls, and we had completed all of the underground slab rough-in work and we had actually poured the slab on grade, as you can see. And here's some additional photos that are just showing the vertical construction of the masonry walls and some of the underground electrical work. In the third month, the masonry walls continued. We were probably about 90 percent done with the masonry walls at the end of January. As you can see, there's just a few roof beams that are being completed at the time. Most of the scaffold has been removed by the structural subcontractor in preparation for some more exterior work. In February the structural steel had started, and as this photo here shows, the structural metal roof decking on the roof was placed, and the clear stories of the roof are starting to take shape. Here's a couple of photos just showing some of that structural steel framing work and the barjoists that were placed at the time. In month five we continued with the insulation of the roof. As you can see there, the insulation has been placed, the plywood decking is being put down on the roof deck, and underlayment is also being applied. On the right side we're just showing that interior metal framing for the partition walls had also started. In April you can see the roof up through the underlayment is complete. The exterior metal framing for the hardy plank siding had begun, and actually some of the Denz-glass siding material is also showing up in that photo. At the top of the photo you can see that the chiller enclosure yard has also been constructed. This just shows a little bit more of the Denz-glass sheathing material on the outside of the building as well as some of the upper framing in the ceiling in the ceiling spaces. This is just showing more exterior sheeting. And then we have the interior drywall finishes that have started here in April on the interior. You can see that it's very high ceilings in the facility here. It's going to look very, very nice, very spatial. Page 44 May 13,2008 In the current month, we're putting up the exterior hardy plank siding, and this just shows some of the completed painting work on that exterior siding on your left, and we've actually started priming some of the interior drywalls on the inside. And that completes my presentation. On behalf of Deangelis Diamond, I just want to thank you for the opportunity to present this to you and let you know that the library has just been a great project for us. We've enjoyed working with Schenkel Shultz Architects, and CH2M Hill is the construction management team, and it's just been a great experience for us, and we just consider it an honor to have been selected as the general contractor for this project. We're also pleased to advise you that we are on schedule and on budget. CHAIRMAN HENNING: Questions from the board? COMMISSIONER FIALA: Yes. Do you have a completion date? CHAIRMAN HENNING: Do we have a completion date? MR. JONES: We're on schedule for the end of October. CHAIRMAN HENNING: Great. Thank you. We go into- Item #6A PUBLIC PETITION REQUEST BY BILLY SUMMERS TO DISCUSS A DOG ATTACK INVESTIGATION - DISCUSSED MR. MUDD: Commissioner, this brings us into public petitions. It's -- the first public petition is a request by Billy Summers to discuss dog attack investigations. Mr. Summers, if you could come to the microphone and just state your name for the record, sir. MR. SUMMERS: Bill Summers. A few months ago I was attacked by my neighbor's dog. Come to find out, he didn't have any shots, wasn't registered. He attacked my dog, came on our property. Page 45 May 13,2008 I was a little upset with Domestic Animal Services about the situation until I found out that Domestic Animal Services has an extremely limited budget for this big of a county. They're short on people. The county's put a freeze. They can't hire people, and then I find out that they don't even have the proper training that they need. They couldn't differen -- they couldn't tell which dog bite was what. I would think that with Domestic Animal Services, when they do an investigation, you at least need some kind of knowledge there to know what kind of dog -- I mean, my dog has a mouth this long. The dog that bit me has just a little bitty mouth, but it's a pretty vicious dog. It's a pit bull. And they couldn't tell which kind of bite mark was on me. And my skin was laid open. I still have scars today. I just wonder why the county doesn't give them more money so they can get the proper education and schooling that these people need for their investigations. Then I find out while they're in the middle of an investigation, they get an emergency call, they have to drop what they're doing and go out. So by the time they get done with their investigation, it's a year later. I don't understand why the county can't allocate more money to -- I mean, this is a big county. There's a lot of animals here. And a $3 million budget, less than 3 million, is not very much money to run that big animal shelter with all the animals that are there and pay what employees that they do have. I even spoke with one that said he would pay for his own schooling if the county would keep him on the clock, and they won't do it. I don't understand why the county won't do something about it. I mean, the population of animals in this county has got to be at least half, if not more, than what the population of people are here. And the strays that are running wild, they can't even take care -- by the time they get to the strays out there, wherever they're at, they're gone Page 46 May 13, 2008 because they're involved with something else over here. CHAIRMAN HENNING: Are you done with your presentation, Mr. Summers? MR. SUMMERS: Pretty much. I just, you know, want to know why we can't give them more money so they can do what they have to do. CHAIRMAN HENNING: We may have comments or questions from the board. So Commissioner Coletta? COMMISSIONER COLETTA: Yes. I invited Mr. Summers here. There's been way too many dog attacks out in Golden Gate Estates in the rural area of Collier County, and I think it's very important that we keep this in front of us for two reasons. One -- there's two issues here. One is the enforcement part. Now, how we're going to get there is another question. We're going through a tight budget year. I kind of hope when the budget comes up that we can hear a consideration for possibly a small amount of funds to make sure the necessary training's in place. Maybe we can incorporate the Sheriffs Department in this effort. I don't know what the answer is, but there's got to be more. The second big part -- and we're failing in doing this part -- is the educational outreach. It's not the dogs that are the problem, it's their owners. But you can't put their owners in a cage and you can't shoot them either, at least as far as I know you can't. So the solution's very simple. I'd like to see us do a better outreach, possibly with our government channel, and just let people know what the ramifications are and what the existing laws are regarding this, because I've run into this too many times where the general attitude is either -- there may be a leash law, but I live out in the Estates area and it doesn't apply to me. Well, it does apply to you. And you're responsible if your dog does cause injuries. And this is just one of those things that I wanted to bring forward before the commission so that you were cognizant of the facts of what Page 47 May 13, 2008 was taking place out there so that you can act accordingly at the right time. MR. SUMMERS: Well, I'd like to add that even the owner of the animal's mother -- it was her residence. He was there visiting, which he does every day on a regular basis -- give a false address of where this dog was. This dog had no shots. It was not registered. It was probably somewhere between three and four years old. Now I'm worried about rabies or any other infectious disease, and there's no ramifications for her for giving a false address. The quarantine date comes and goes. Still, even in that 10-day quarantine time, you don't know what this guy's got because you can never capture the dog to take any tests or anything. So now I'm going two weeks without working because my hands are messed up, and now I've got to worry about this, and there's nothing can be done to this lady for giving them false information. CHAIRMAN HENNING: Mr. Summers, are you done with your presentation? MR. SUMMERS: Well, this part, yeah, unless I-- CHAIRMAN HENNING: Well, we're going to let you finish, and then we may have some questions and comments. MR. SUMMERS: Okay. CHAIRMAN HENNING: So you're done? MR. SUMMERS: Yes, sir. CHAIRMAN HENNING: Okay. Commissioner Coletta, are you finished? COMMISSIONER COLETTA: Are we finished with the presentation? MR. SUMMERS: Yeah. CHAIRMAN HENNING: Yes, he did say that. COMMISSIONER COLETTA: Okay, fine. I was wondering if Scott -- if staff could comment on this, if there's anyone here that can represent Domestic Animal Services what some of their suggestions Page 48 May 13,2008 may be, because this has been an ongoing problem that seems to be without solutions. MS. TOWNSEND: Good morning. Amanda Townsend, interim director of Domestic Animals Services. Certainly we do have difficulty patrolling in the Estates for animals at large. Mr. Summers' case is a dangerous-dog investigation. As you know, you heard a public petition about a month and a half ago, and in your meeting on May 27th you will see a whole suite of language changes to the animal control ordinance that will strengthen the dangerous dog section of that, so that will -- you will see that at your next meeting. I think you'll -- we've made some real progress there. That has been reviewed by the Domestic Animal Services Advisory Board. As far as the running at large issue goes, we can also consider some ordinance charges from that. We have recently, as recently as last night, been reviewing some language from animal control ordinances in other counties that may help us -- help us strengthen the leash law in Collier County, and if the board wishes, we can look at changes to the ordinance for that also. COMMISSIONER COLETTA: Yeah. Here's my concern, is the fact that this has come before us many times in the past eight years, and we always add a new element to it, and it doesn't seem like the enforcement really is a deterrent to these people. I don't know if you've seen a drop-off of these instances. I don't believe you have. The situation seems to continue. So two things are lacking here, the enforcement of the existing ordinances, new ordinances, that we may come up with; and the other part is something that's totally lacking is the public outreach, and I know that's probably a whole different -- excuse the pun, but an animal from what you're dealing with now. But possibly we can give consideration for that. I don't see it as anything extremely expensive to be able to put Page 49 May 13, 2008 together some sort of news release to be able to go out, maybe bring -- introduce it to a couple ofthese property owner's associations, civic associations throughout the area, and then have it on the government channel to be able to deal with it. MS. TOWNSEND: Yes, sir. I do agree. Our public outreach has been highly focused on adoptions in recent years, which, of course, is important and appropriate to send that message to the public, but we can expand that message to include compliance issues as well, and I think that there could be a very strong benefit from that, and we'll -- as we develop our marketing campaigns in the next -- in the next -- for the next fiscal year, we'll certainly add that to it. COMMISSIONER COLETTA: Thank you very much. CHAIRMAN HENNING: Commissioner Coyle, Commissioner Halas, and then Commissioner Fiala. COMMISSIONER COYLE: Yeah. I think there's two elements here. One is that we do need to follow through on these investigations more thoroughly. And there -- at least there's some allegations here that indicate that there's sufficient evidence to charge somebody with something, and that apparently has not been done. So I would certainly encourage that we do that. The other thing that the petitioner needs to understand is that what we -- what the animal control people can do is governed by our laws. And if the laws are deficient, they cannot do something that the law doesn't provide for. It takes us a long time. We have to have public hearings, we have to staff this, vet it through a number of other organizations, and we cannot enforce a law that we intend to implement. We can only enforce the laws that do exist. And unfortunately, many of the laws that do exist are not adequate, so we're trying to work on that, as she has explained. The other thing is, I think it would be irresponsible of all of us if we let this issue about providing more money pass without comment. Page 50 May 13,2008 Did you vote in the last election? MR. SUMMERS: Absolutely. COMMISSIONER COYLE: Did you vote for Amendment 1, to reduce property taxes? MR. SUMMERS: To reduce it? No. COMMISSIONER COYLE: No, you did not. Well, you're on the right side at least. But 80-something percent of the people of Collier County said let's reduce property taxes. MR. SUMMERS: Well, they're just creating more problems. COMMISSIONER COYLE: That's exactly right. You hit the nail on the head. And what I would suggest to all those people that think that money, additional money is the partial solution to some of the problems they're -- they're facing is to contact our state legislators, because they're the ones who are saying, you don't need any more money. They're not looking at the quality of life and the issues that you're confronting. They have restricted our funding sources and continue to do so, and they are continuing to pass bills that will further limit our ability to raise money to provide the necessary services to our citizens. So I would strongly encourage you to contact your legislators because we don't have control over many funding sources anymore. So with that, I would say, I wouldn't hold out any hope for additional money for programs like this. Certainly you won't get the vote from me. We're looking at substantial shortfalls that haven't even been made public yet. And it's going to be a very, very bad time over the next few years because of the decisions that the state legislature has made. So I would like to enlist your support and the support of other citizens to contact your state legislators and tell them to get their head out of the sand. The government that serves people best is the government that's closest to the people, the local government. People can come to us and petition for things, and we can respond to that, but Page 51 May 13,2008 we can't do that if people in Tallahassee tie our hands and deny us the funds. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. In the last two years we've cut out about $67 million in ad valorem taxes. What has been the result of the workforce at DAS in regards to this? MS. TOWNSEND: We currently have nine frozen positions. COMMISSIONER HALAS: Present positions out of how many? COMMISSIONER COYLE: Frozen. MS. TOWNSEND: Out of 41. COMMISSIONER HALAS: Out of 41, okay. COMMISSIONER FIALA: And for the audience, would you explain frozen positions. I'm sorry to jump in, but just so that they understand. MS. TOWNSEND: Yes. Those are nine full-time equivalent positions, three of which are animal control officers, three of which are shelter technicians, and the balance of which, I believe, are in the customer service section. Those positions were vacated and will not be filled due to budget cuts. COMMISSIONER HALAS: Okay. Thank you. MR. MUDD: Now, Commissioner, to answer your question a little bit more further, three of those positions that are unfunded were tech positions and doing kennel work, and we've enlisted our inmates with the sheriffs deputy to come in and work that five days a weeks, six hours a day, and then for two days, eight hours with that shift, okay. But that's offset the savings. The savings on the three techs is about $125,000. This particular thing with the sheriffs deputies, we still have to pay about 110-. So we've saved $14,000, and we're still keeping the kennels and everything else clean. But we still have issues, to let you know. Page 52 May 13,2008 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. To add to that also, your volunteer core. I know my daughter and her kids go over and help clean the kennels on Saturdays, and the volunteers help, but still it isn't enough, and we all know that. But I wanted to know, are there any consequences when people lie? He was just telling us where the woman lied about her address. Are there any consequences to that or we just have to overlook that? MS. TOWNSEND: That's currently not something that we have pursued but clearly is an issue, particularly when there's an animal that should be in quarantine. COMMISSIONER FIALA: Yes. MS. TOWNSEND: And we will-- we will begin to pursue that because it's something we haven't investigated and we should. COMMISSIONER FIALA: Okay. And the other question that I have is, this gentleman was saying that there was somebody there that was paying for his own schooling but he's not allowed to go on company time. Is that something that you could discuss amongst you and see ifthere's a way that we can get that additional schooling, especially if they're willing to pay for it themselves? MS. TOWNSEND: We do have a very significant training budget with DAS, and there are very specific requirements within state law on being a certified animal control officer and the amount of retraining that staff members need. And so we have sort of a program put together and we put officers through animal control office school, which is a 40-hour program, and then annually through a series of other trainings, including cruelty investigation, another 40-hour program, et cetera. So we're allocating those as best we can fairly throughout the animal control officer personnel. CHAIRMAN HENNING: Anything else? (No response.) CHAIRMAN HENNING: Well, thank you, sir. We're going to Page 53 May 13, 2008 take a 10-minute break for the court reporter before we get back to the agenda. So let's be back at 10:40. (A brief recess was had.) MR. MUDD: Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: We have a time certain. Item #10D A REQUEST FROM I HOPE, INC., AND AUTHORIZING THE DISBURSEMENT OF $13,000.00 FROM THE MARCO ISLAND AFFORDABLE HOUSING TRUST FUND, FOR PAYMENT OF PERMITTING AND LICENSING FEES RELATED TO THE INSTALLATION OF THIRTY SIX (36) FEMA TRAILERS IN THE IMMOKALEE AREA - APPROVED MR. MUDD: Commissioners, we have a 10:30 item, and that is item 10D. It's a recommendation that the Board of County Commissioners approve a request for I HOPE, Inc., and authorize the disbursement of$13,000 from the Marco Island Affordable Housing Trust Fund for payment of permitting and licensing fees related to the installation of 36 FEMA trailers in the Immokalee area. Ms. Marcy Krumbine, your director of housing and human services, will present. MS. KRUMBINE: Good morning, Commissioners. For the record, Marcy Krumbine, director of housing and human services. COMMISSIONER HALAS: Marcy, I'll bet I can cut this real short. I make a motion for approval. CHAIRMAN HENNING: I'll second it. Questions? Commissioner Fiala. COMMISSIONER FIALA: Just one question. We all agree, this is a wonderful project. I just wanted to make sure that these mobile Page 54 May 13, 2008 homes then go to legal residents. MS. KRUMBINE: Well, I'm going to defer to I HOPE for that. MS. GOODNIGHT: Thank you. Hi. CHAIRMAN HENNING: We have a public speaker. MS. GOODNIGHT: Yes, I turned in a form. MS. FILSON : Yes, sir, Anne Goodnight. MS. GOODNIGHT: For the record, my name is Anne Goodnight. It's nice seeing all you guys, and I appreciate the opportunity of being here this morning. We're going by FEMA guidelines, and all of the residents in the trailers or the mobile homes have already been approved by FEMA, and so we have to -- they have to meet their guidelines. COMMISSIONER FIALA: Do they have to be legal residents? MS. GOODNIGHT: Well, someone in the trailer -- someone in the mobile home has to be a legal resident. I can't say about those that are living in the home that may not be. But the -- when FEMA granted them permission to be qualified through them, there had to be legal residency there. Does that answer your question? CHAIRMAN HENNING: Does that answer your question? COMMISSIONER FIALA: Kind of. CHAIRMAN HENNING: That's the same policy that we have for other programs, correct, Marcy? MS. KRUMBINE: Well, for our impact fee deferral programs, everybody who signs the documents has to be a legal resident. But our programs in Collier County are just a little bit more stringent than the federal guidelines. Usually the federal guidelines be housing and urban development are that at least the head of household or the one person signing the documents is a legal resident. CHAIRMAN HENNING: Okay, all right. And I didn't want to take up your allotted time, your three minutes, so -- MS. GOODNIGHT: I'm just here to answer questions. CHAIRMAN HENNING: Okay. If you don't mind, just stand Page 55 May 13, 2008 by. There might be some more. MS. GOODNIGHT: No problem. Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'm confused by this executive summary. We had a petition similar to this come before us before, right? Refresh our memory about what happened there. MS. KRUMBINE: I'd be happy to. Last year in February a position (sic) came before you, Mr. Hears came before you to ask for the original -- let's see -- I believe it was 28 trailers last year, and asked for an amount of money through the Marco Island Housing Trust Fund to pay for the permitting and license fees; and at that time the direction from the board was yes, go ahead and pay it, but please make sure that for the next -- for five years, those trailers will remain affordable, which means that they would have to be sold to somebody that would be of a similar income category, and it would not be sold, you know, at a --high, at a higher rate. And so then this year Mr. Hears came again with a similar petition, and you referred it back to staff, but at that time you had said, well, you'd like to see it remain affordable for more than five years. And what we did in the executive summary -- because we did go back to Mr. Hears on that -- is that he had stated that 28 of the 36 of the new ones had already been -- they'd already entered into an agreement based on last year's guidance, and that agreement was that it had to be maintained affordable for five years. And so that's how we presented it in the executive summary. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. COMMISSIONER COYLE: I'm sorry. I didn't -- I really wanted to follow up on this. When were these 28 trailers sold? MS. KRUMBINE: That --I'll defer to I HOPE for that. I don't believe that they've been sold as much as they've entered into a contract for sale. Page 56 May 13, 2008 COMMISSIONER COYLE: When were they entered into a contract for sale? MS. GOODNIGHT: They were entered into a contract for sale sometime in the last -- towards the end of last year because the mobile homes didn't get here until, like, December, I think, or January. COMMISSIONER COYLE: And when was it that we expressed our desire that these be retained for longer than five -- longer than the period oftime they had originally specified? MS. KRUMBINE: I'm getting to that. It was, February of'07 was your first direction, and it was, March of 2008 was the second. COMMISSIONER COYLE: Okay. So we gave direction in February of2007. MS. KRUMBINE: To maintain it for five years. COMMISSIONER COYLE: Okay. MS. KRUMBINE: And then in March of 2008, after some of these units had already been sold for more than five years. COMMISSIONER COYLE: For more than five years. Were we specific in the number of years at that point? MS. KRUMBINE: No, you were not. COMMISSIONER COYLE: Okay. So how many of these trailers are going to be protected for five years from the time of sale? MS. KRUMBINE: All 36 of them. MS. GOODNIGHT: All of them. COMMISSIONER COYLE: All 36 of them. Okay. MS. GOODNIGHT: And also, if! could add to that, the FEMA is requiring that during this five-year period, that all -- all of the owners of the mobile homes have to go through a training of how to learn to take care of their trailers, how to, you know, report to the Sheriffs Department any kind of problems and things like that. And also understand, Commissioner Coyle, that Mr. Hears gave you a CD that \\;as presented at the national meeting that had the sheriffs department on there stating how much the crime rate had Page 57 May 13, 2008 decreased in that area. It was very high and now it's down to almost nothing because of the people that have moved in there and with us working with them. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: Commissioner Coletta, Commissioner Halas. COMMISSIONER COLETTA: Yes. Ms. Goodnight? MS. GOODNIGHT: Yes. COMMISSIONER COLETTA: These trailers, at the end of five years, what would be the approximate value ofthem? MS. GOODNIGHT: It's going to be probably somewhere less than $10,000 because right now the trailers -- the title is, from FEMA, says somewhere between 35- and 50-, but after five years of them being mobile homes -- and we're not sure just exactly how old they already are because they're not brand-new trailers -- that we're figuring that they're probably going to be worth somewhere between 10- and 15,000. COMMISSIONER COLETTA: A general rule of thumb, trailers, unlike homes, have a tendency to depreciate rather than appreciate? MS. GOODNIGHT: That's correct. COMMISSIONER COLETTA: And so the older they get, the less value they have and they'd sell for less money, and the free market would determine what that is? MS. GOODNIGHT: That's correct. COMMISSIONER FIALA: And they don't own the land under them. COMMISSIONER COLETTA: Well-- and some of them don't own the land underneath them, but some of them do. COMMISSIONER FIALA: Oh, there is? COMMISSIONER COLETTA: Yeah, there is. MS. GOODNIGHT: Yes, sir. We have a number of mobile Page 58 May 13, 2008 homes that we have removed that were dilapidated, damaged during Wilma; and we have replaced them with the FEMA mobile homes and placed them on the lots, but the majority of mobile homes are in mobile home parks. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Halas? COMMISSIONER HALAS: So what you're saying basically is the life expectancy of these trailers are probably going to be less than 10 years? MS. GOODNIGHT: That's correct. COMMISSIONER HALAS: Okay. People that own these then can have the opportunity to turn around and rent these out to illegal aliens? MS. GOODNIGHT: Well, with the exception of the ones that are on private property, I don't think that's going to meet with the covenants of the mobile home park. COMMISSIONER HALAS: But there's going to be some of these trailers that aren't going to be on private property. MS. GOODNIGHT: That's a probability. COMMISSIONER HALAS: How are we going to maintain control of them? MS. GOODNIGHT: Well, after five years and after they've completely paid for the trailer, then they're going to have ownership on it, and they're, you know -- COMMISSIONER HALAS: I'm saying if somebody just says, I want to buy one of these trailers, pays the money up front and -- MS. GOODNIGHT: They can't do that. They have -- COMMISSIONER HALAS: Okay. MS. GOODNIGHT: They're co-ownership with I HOPE for five years. COMMISSIONER HALAS: Okay. I think that answered my Page 59 May 13,2008 question. CHAIRMAN HENNING: Any further discussion on the motion? COMMISSIONER COLETTA: No, sir. CHAIRMAN HENNING: Commissioner Halas made the motion, second by Commissioner Henning. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. GOODNIGHT: Thank you very much. MS. KRUMBINE: Thank you. CHAIRMAN HENNING: Thank you, Ms. Goodnight. Good to see you agam. Item #6B PUBLIC PETITION REQUEST BY CLAY BROOKER TO DISCUSS A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE NAPLES NISSAN BUILDING LOCATED AT PINE RIDGE ROAD/WHIPPOORWILL LANE - MOTION FOR STAFF TO ISSUE A TEMPORARY CO W/THE FOLLOWING CONDITIONS: A BOND FOR THE FULL PROJECT OF THE INTERSECTION IMPROVEMENTS; A COMPLETION DATE NO LATER THAN JULY 15, 2008; IF THE PROJECT IS NOT COMPLETED BY THAT DATE THERE WILL BE A FINE OF A Page 60 May 13,2008 $1,000 A DAY FOR EACH DAY OF DELAY; BRING BACK EMPLOYEES AFFECTED - APPROVED MR. MUDD: Commissioner, that brings us to petition 6B, which is a request by Clay Brooker to discuss temporary Certificate of Occupancy for the Naples Nissan building located at Pine Ridge Road and Whippoorwill Lane. State your name for the record, sir. MR. BROOKER: Thank you. Good morning, Commissioners. My name is Clay Brooker with Cheffy, Passidomo, Wilson, and Johnson. I appear before you today on behalf of the Naples Nissan. Naples Nissan's new building on Pine Ridge Road and Whippoorwill Lane is up and ready for occupation; however, the transportation department is reluctant to issue a CO to Naples Nissan due to PUD commitments to improve that intersection at Pine Ridge Road and Whippoorwill Lane first. Naples Nissan has already obtained the right-of-way permit from Collier County to conduct those intersection improvements. Construction is, in fact, underway as we speak, and Naples Nissan is doing everything in its power to get those construction improvements completed just as soon as possible. In the meantime, Naples Nissan requests that the county commission authorize staff to issue a temporary Certificate of Occupancy with the following conditions and assurances: Number one, the existence of an executed construction contract for the intersection improvements. That has been done. As I mentioned, construction is underway. Number two, Naples Nissan shall post a bond in the full amount of the estimated cost of construction to complete those improvements. Naples Nissan has no objection to that as well. And then finally, number three, Naples Nissan diligently see Page 61 May 13, 2008 construction through to completion. Our construction company estimates completion in early July of this year. These conditions assure that the PUD commitment will be satisfied in short order. Nick Casalanguida of transportation staff agrees with these conditions and has no issue with this request from a pure traffic impact analysis for at least two reasons. Number one, we're in the low season in terms oftraffic, and number two, the use that's being -- that will be put to this property has a reverse traffic flow situation. That's not a term of art. That's my -- I'm not a traffic engineer, but that's the way I understand it. When the people are going out to work, out to Pine Ridge Road in the morning, that's when Naples Nissan, or shortly thereafter, Naples Nissan employees will be coming to work, so it's not the same flow, and vice versa in the afternoon. This situation is unique such that the granting of our request today will not violate the reason behind the PUD commitment, which was concern about the traffic impact. We've heard concern about precedent setting, and we understand that concern, and that's why we're here before you today. Anyone else should come before you and explain their situation to you. And if as a board you determine that that situation, their request is in the public interest, then you have the opportunity to deal with it as you deem fit. We appreciate your consideration of our circumstances surrounding this request as Naples Nissan is, in fact, suffering and will, without a TCO, continue to suffer significant tinancialloss on a daily basis. With your indulgence -- and I tried to keep this very short -- with your indulgence, Mr. Steve Terry from Naples Nissan would like to briefly speak to you about the significant losses he's incurring. CHAIRMAN HENNING: Yeah, go ahead. And then, if you don't mind, we'll get into questions after that. MR. TERRY: I'm Steve Terry with -- principal with Naples Nissan. I spoke with some of you yesterday. Page 62 May 13,2008 I wanted to personally explain the significant situation that we're in very, very quickly . We opened up a facility, or at least we have a facility ready to open last month. Currently it is costing us $10,000 a month -- or I'm sorry -- a day to sit vacant. Last month we spent $857,000 to open up in our current facility off Airport-Pulling Road. As of today, it's cost me $230,000 waiting to come to this meeting. Now, I fully understand public interest, and I truly wouldn't expect you to vote against public interest. But if that public interest was to protect the traffic situation, and that really isn't a concern, I would respectfully ask that you consider the severity of this situation for us; because I want you to know that it's very, very real, it jeopardizes the viability of our company, and what I take very personally is that it has a serious impact on our employees. We have 73 employees currently. We had staffed up to 80, with the intent to get up to 150 in the new building. I already had to cut back eight staff in the uncertainty of where I'm at right now, and the staff that I have last month did not earn what they should have earned. We're sitting in a build that we have no sign in on Airport-Pulling Road. I've got 500 cars sitting on the ground, and I've got very little place to put them. Meanwhile, I have a $25-million facility just sitting there empty at $10,000 a day. Now, again, I wouldn't ask you to vote against public interest, but I ask for your very respectful consideration of the position we're in, more importantly, the position our employees are in, and simply ask you to put yourself in our shoes and consider the cost and the public interest. Thank you very much. CHAIRMAN HENNING: Yeah. Mr. Terry, before I go to my colleagues and Clay, I have concerns about this, but I think I'd feel much better if we can have a time -- date certain when it's going to come -- be complete, so if you could answer that later on. Page 63 May 13, 2008 Commissioner Fiala, then Commissioner Halas, then Commissioner Coletta. COMMISSIONER FIALA: Yes, thank you. First of all, of course, it's not our fault that you didn't start the improvements until just recently. You know, you built your whole building, and you knew the requirements to have that -- those replacements in place, and you didn't do it, and I'm sorry that you guys are suffering, but had you started it sooner, it would have all been done and you would have been able to have your CO. Just to put that on the record so it doesn't look like we're stopping you, okay? The second thing is, as long as you've started the building now and you say that you are going to finish it by the middle of July, I don't see why we couldn't issue a TCO for you but only until the 15th of July to make sure that that work is completed, okay? That's my thought. CHAIRMAN HENNING: Commissi01ller Coletta? COMMISSIONER COLETTA: Yes. I think Commissioner Fiala covered it quite well. And I do have concerns, you know, that once we grant this, that we have an obligation to grant others in the future; however, the fact that there are jobs pending here in an uncertain economic time, if we can have guarantees that one, it will be done and, two, if it isn't done, there'll be some sort of bonding that will take place that we can collect on, I feel fairly assured. Also, I would almost want to include the caveat that these people be reemployed as soon as possible, in the next couple of days if we agree to do this so that we can get them back on the payroll and establish some stability at one part of Collier County, if at all possible. CHAIRMAN HENNING: Commissioner Halas, Commissioner Coyle? COMMISSIONER HALAS: Yes. Nick Casalanguida, yesterday I talked with Norm Feder in this particular item, and I believe you might have something that you can put on the overhead in regards to Page 64 May 13,2008 communications that you had with Naples Nissan back in late August last year. If you could show that. MR. CASALANGUIDA: Sure. For the record, Nick Casalanguida with transportation. And I have a copy of it, and I want to make one thing clear for the record. The Naples Nissan that you saw here when the PUD was approved was a different Naples Nissan. The owner was different folks. And typically when we go through this process, you get all the promises and then the property gets sold to somebody else. COMMISSIONER HALAS: But they -- don't they have a commitment to make sure that they fulfill those commitments on the PUD? MR. CASALANGUIDA: Absolutely. COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: And then -- and I'll read to you kind of what was said back in August because you're not going to be able to read it. COMMISSIONER HALAS: I'd appreciate that. MR. CASALANGUIDA: Sure. The email was to Clay Brooker, and it was to other folks that were involved in the original Naples Nissan, the owner, Ben Freeland. And it said, gentlemen, I have yet to receive any plans at the intersection of Pine Ridge Road and Whippoorwill. The agreement called for the project COs to be tied to the completion of the intersection improvements. The plans must be submitted, reviewed, and approved by multiple agencies prior to the commencement of construction. Construction will also take some time. We will not release the COs until this has been completed. I can assure you that none of the reviewing agencies will move any quicker because you will be in a hurry to get a CO. We will work with you to expedite this approval, but we need Page 65 May 13,2008 you to submit the application and plans to begin the process. So that was an email from me just on my own accord to say, folks, we haven't seen any plans, where are they? COMMISSIONER HALAS: And what was the date on that? MR. CASALANGUIDA: That was August -- MR. MUDD: 23rd. MR. CASALANGUIDA: -- 23rd of2007. Now, when that email went out, that was under the assumption that Mr. Freeland owned the property, and it went to his engineer and some of the folks and Clay. At that time I was not aware that the property was being transferred to somebody else. COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: So as we met with the new owners, just as recently as three or four days ago, from August till now, they were wrapping their hands around what they understood to be the intersection improvement to be done. COMMISSIONER HALAS: Okay. But Clay Brooker represented both Freeland and this new owner; is that correct? MR. CASALANGUIDA: I don't believe that's correct. I think Clay represented some of the additional party members that were part of the agreement. COMMISSIONER HALAS: And when you sent this out, did Clay acknowledge this email, and did he say what they were -- what was going to take place back in August? MR. CASALANGUIDA: He acknowledged it, not as a representative of the existing Nissan ownership that's here today, but other owners in there knew that we were holding COs as well, too, on those projects. COMMISSIONER HALAS: But my question is, he did have knowledge that there was a commitment and that he needed to relay this on to the new owners; is that correct? MR. CASALANGUIDA: He did have knowledge, but I don't Page 66 May 13,2008 think he represented or did not know the new owners at the time. He just recently was hired by these owners to represent them. COMMISSIONER HALAS: But you -- didn't you -- the email is dated August 23,2007, to Clay. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HALAS: Okay. So here we are in May of 2008, and there's not that -- anything had really moved at that point in time. I guess I'm trying to figure out -- fill in the blanks here, why hasn't there been something that's taken place since August until now? MR. CASALANGUIDA: And to give you an update. They had hired the engineer and design firm. The new owners were working with the traffic engineer. I think Reed Jarvi responded to me and said, I have a proposal out. It has not been signed yet. I think the new owners did not understand the size of the project that they were committed to as part of the intersection. Mr. Freeland, the original owner did. When they realized that and as these past four or five months went on, I reviewed payments and bills and the construction contract. They did move expediently to try and get caught up to the situation. Again, I can speak to you from a traffic perspective. They are in off season. I have paid bills to Embarq, FP&L to relocate the poles, they've already begun construction, and their construction schedule is reasonable. Posting of the bond is absolutely essential, because without that, you have no surety it will be done. Again, the person who made that commitment and now the person who's here fulfilling that commitment are two different people. COMMISSIONER HALAS: Okay. And where -- do you have a level of comfort in regards that this will be completed in a time frame that will probably fit in within July 15th? MR. CASALANGUIDA: Sir, if you want additional safeguard, my recommendation is they put a liquidated damages on that date as well, too, to ensure that it's completed by then. Page 67 May 13, 2008 COMMISSIONER HALAS: Because I'm sure that we're going to end up having other people that realize there's commitments to their PUDs and then see that the board is here, and, oh, they might just go ahead and -- go ahead and vote this in without having to fulfill their commitments at a reasonable time. And I have a -- you know, that's what my problem is, is that if we open up the barn door, we may have a flow of these coming in. MR. CASALANGUIDA: I have other parties that are already inquiring about such similar circumstances. So I think Mr. Brooker is correct in saying I think you have to review this as a board on a case-by-case basis, and I can only provide you the transportation impact review of each case. COMMISSIONER HALAS: I guess then we're going to have to figure out a way to make sure that these people live by the commitments of the PUD at the time that we approve it. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, thank you very much. It's-- I think that review is important, the historical summary that's just occurred here because the county gets frequently criticized -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: -- for holding up permits and doing things, and it's sometimes important to review the facts so that the public and everyone else understands that sometimes developers, businesses, are also responsible. But it serves no useful purpose, in my opinion, to try to punish a new owner. The reason that we want these road improvements made is to facilitate the flow of traffic. If they're -- if they have a temporary Certificate of Occupancy for a few months during the lowest traffic volume period of the year, it's not going to make any difference to the public, is it? MR. CASALANGUIDA: No, sir, it will not. COMMISSIONER COYLE: So if this were a problem where Page 68 May 13,2008 their opening temporarily would create a severe traffic congestion problem, there's reason for us to want to delay it. But at the current time of the year, there is no reason to delay it because it's not going to have a problem. So if it's not going to have a problem, why do we want to make them -- punish them for, perhaps, some oversights in the past? There are employees who need to be employed, there are businesses who need to open and operate and make money. I think the public will benefit more from that than they will be -- than they will benefit if we deny the temporary CO. So I would encourage the commission to take the position that there is a good reason for doing this' now. It does not have a negative public impact. It is guaranteed to be done. There is a bond that is being posted to assure that this construction will be completed. We will have control over that if it is not completed. We can exercise that bond, get those bond proceeds, and get the construction done. There's only one other thing I would ask you to take into consideration, and that is that the county itself on many occasions has told us that something will be done as of a certain date and it doesn't happen as of a certain date, or a road construction project or an intersection improvement. And the reason it doesn't happen is because of an unforeseen circumstance. Weather delays. Ifwe have a hurricane in June or July, this isn't going to get done on the date that we forecast. And will it -- will it harm anybody if it doesn't? No. But in principle we want things done on time. I'm merely suggesting here that we not try to punish the new owner any more than he's already being punished now and allow him to have a temporary Certificate of Occupancy, demand the bond that will assure that the construction will be completed in July, but don't make it so rigid that you're going to close him down if it's not done on July the 15th, it's done on July the 17th. Page 69 May 13, 2008 Would you really close the facility down if you're a couple days late or even a week late? I think we need to have a little flexibility there for reasonable delays. I know working with subcontractors, they can have problems that you have no control over, and the overall construction schedule can be impacted. If it has a negative impact on the public interest, yes, close it down. If it doesn't have a negative impact, let's just get it done as quickly as possible. That would be my request. CHAIRMAN HENNING: Yeah. And if! may interject. I drive that just about every day, Commissioner. It's right down from where I live. They've already started the process of the turn lane on Pine Ridge. It's the opposite way -- when they started on it, it's the opposite way of the flow of traffic in the evening, but it still had some backup. I can't imagine if they would have started this two or three months ago during the end of peak season. Actually because of this mistake of Mr. Freeland not telling the new owner this is the commitment, or the understanding it was a commitment, it really is a benefitto the residents in that area. It really is a benefit to the residents in the area. But I do want to keep that commitment on schedule. Mr. Brooker told me it would be the beginning of July. Now I'm hearing July 15th. I'm fine with that. But if it is July 15th, if it goes beyond July 15th, let's put some liquidated damages within the conditions of the TCO. Is that fair? MR. CASALANGUIDA: That's typical and normal, and I think they're okay with that. CHAIRMAN HENNING: Okay. So I'm going to make a motion to direct staff to issue a TCO based -- and the TCO will be based upon the following conditions: They will bond the full project of the intersection improvements; the completion date will be no later than July 15th other -- and if it is after July 15, 2008, there will be liquidated damages of, per day? Page 70 May 13,2008 MR. CASALANGUIDA: Thousand dollars a day in liquidated damages. CHAIRMAN HENNING: Thousand dollars, that's what I was thinking. COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I think it's a great motion. It really fits it. But I'd like to see if we could add the language to there that they'll re-hire and fully reemploy the employees that they have so that we can start to get some economic stability. CHAIRMAN HENNING: I see that Mr. Terry is in agreement to that. I don't think that needs to be a condition, but I'll put that in my motion. Is that in the second? COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Yeah. It's really a tough time for everybody and we need to do our part to try to keep people employed. Any further discussion? Anything that we missed? Mr. Brooker, you okay? Mr. Brooker? MR. BROOKER: (Nods head.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg. 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. CASALANGUIDA: Thank you. CHAIRMAN HENNING: We are going to our 11 o'clock time Page 71 May 13, 2008 certain. Item #10B REVIEW THE RESULTS FROM THE RECENTLY COMPLETED V ANDERBIL T BEACH RECREATIONAL PIER PUBLIC WORKSHOPS AND OBTAIN DIRECTION FROM THE BOARD OF COUNTY COMMISSIONERS ON HOW TO PROCEED - MOTION TO DISAPPROVE THE PROPOSED PIER; STAFF TO EXPLORE ESSENTIAL SERVICE IMPROVEMENTS W/PUBLIC INPUT; CONTINUE PURSUING INCREASE CARRYING CAP ACITY FOR PUBLIC ACCESS AT DELNOR WIGGINS PASS SATE PARK-APPROVED MR. MUDD: And that's review the results from the recently completed Vanderbilt Beach recreation pier public workshops and obtain direction from the Board of County Commissioners on how to proceed. Mr. Gary McAlpin, your coastal zone management director, will present. MR. McALPIN: Thank you, Mr. -- thank you, County Manager. For the record, Gary McAlpin, coastal zone manager. As the county manager indicated, we want to review the results from the public workshops and then, more importantly, get direction from the Board of County Commissioners on how to proceed on this item. We conducted -- on January 26th of last year, we had a -- you directed us to move forward with the feasibility study, Mr. Chair. And then on January 15th of this year, you directed staff to conduct a series of public workshops to determine public input and support or lack of support for a proposed recreational pier at the end of Vanderbilt Beach Road. We did that. Page 72 May 13,2008 We conducted a Pelican Bay -- a workshop with Pelican Bay on February 19th where we had over 200 people in attendance. On February 21 st for District 1, we had six people in attended. For District 3 on February 25th, we had 13 individuals in attendance. District 5, on March 12th, we had eight individuals. And then on district -- for District 2, on March 18th, we had over 300 in attendance at -- for that -- for District 2 public workshop. Without a doubt, the overwhelming sentiment of all the public meetings was expressed clearly, overwhelming opposition to the concept of the pier and the facilities at the end of Vanderbilt Beach Road. Also evident was the lack of public support, significant support by the residents of Collier County east of the County Road 951. The community's concerns relative to this facility and pier were traffic congestion, parking, security, quality of life impacts that they may experience, and reduced property values. The residents were also very concerned about beach access and location for the parking facilities and the proposed parking facilities. There was support however, Mr. Chair -- CHAIRMAN HENNING: Commissioner Coyle has a questions. COMMISSIONER COYLE: No, that's okay. When he finishes. That's all right. CHAIRMAN HENNING: Go ahead. I'm sorry. MR. McALPIN: There was support for a mixed solution for a potential pier located at Delnor- Wiggins State Park or some other relatively less-congested location within the county and bathroom facilities, snack bar, and storage facility located in the vicinity of the current existing bathroom just south of Vanderbilt Beach Road. We listed several options that -- to take a look at. Those options included do nothing, all the way to move forward with the pier as it was originally proposed. The existing bathrooms at the location of Vanderbilt Beach Road are inadequate. They are -- need to be expanded and replaced. Any Page 73 May 13,2008 significant work on these bathrooms other than a commercial or a cosmetic refurbishment will theoretically be built up to conform to new FEMA guidelines. We believe that a snack bar and outside seating area and a storage -- to -- in addition to these expanded bathroom facilities would be the right concept relative to adding a full-service facility. And when we look at full-service facilities or the concept of full-service facilities, would be to make this similar to what we have -- what the county has at Tigertail Beach or what the county has at Clam Pass Park where we have bathroom facilities, we have a snack bar, we have water, and we have -- so that the public can go and enjoy the beach amenities. If we did anything relative -- and our concept of a snack bar, there was opposition to that. Their concept of a snack bar is not a restaurant or a sit-down establishment but rather where the community would walk up to a service counter and, in addition, they would buy or get their product and move to a seating arrangement. We would add -- we have a level of concessions at the existing Vanderbilt Beach Road that is provided by Cabana Dan. To that we would add hot food relative to hot dogs, hamburgers, and possibly pizza to that, again, so we could provide those amenities to the community . If we built the rest rooms and snack bar in the area located where the existing rest room facilities would be, there would be restrictive covenants that we would need to get deed restrictions waived or approved by WCI. There may also be some Land Development Code and permitting issues that we would need to work and move forward with. A stand-alone facility would be significantly less expensive than a pier facility. We would be looking at something in the range of 12 months for permitting and another 12 months for construction. We anticipate the cost for that would be somewhere between 2.5 and $3 Page 74 May 13,2008 million. That would include development costs or soft costs for engineering of approximately $330,000. Parks and Rec. Advisory Board looked at this on April 16th of this year, and they voted 5-1 against it largely because of the inclusion of a snack bar in the scope. They felt that a snack bar would compete with the local -- with the local area, with the local commerce in the location. We would fund this facility with TDC, category A, 183 beach park facilities funds. And if I would -- may, Mr. Chair, just want to talk at this point in time about the facilities that we have in Collier County. If you look at our county relative -- we have 43 miles of beach. Of those beaches, Mr. Chair, that over half, 52 percent of our beaches are tied up in state and federal properties, Everglades National Park, the 10,000 Island, the National Wildlife Refuge, Rookery Bay, and Delnor- Wiggins State Park. We have private beaches at Hideaway Beach and we have private beaches at Pelican Bay. Those make up about eight miles -- excuse me -- 8 percent of our beaches in Collier County. We have full-service facilities where we have bathrooms, snack bar, entrance access at Barefoot Beach. We have it at -- we are just building a new facility at the end of Bluebill. That would only have rest room facilities. We have it at Vanderbilt Beach, Delnor- Wiggins -- where we would be proposing our new facilities, and Delnor- Wiggins State Park and at Lowdermilk. I bring this up just to keep in perspective of our facilities countywide. What staff is recommending, moving forward on this, Mr. Chair, is that we continue to work with Delnor- Wiggins State Park on a regional pier but we scrap the idea of a pier facility located at this -- at this time at the end of Vanderbilt Beach Road, but we engineer, permit, and construct elevated stand-alone facilities. When we say facilities, we're talking about the rest room and adjacent seating area Page 75 May 13, 2008 and a storage area at this location, and it would be at the location of -- of where the existing rest room facilities would be located. If we were not successful in obtaining permission, in turn, from WCI relative to the reduction of the restrictive covenants, we would move forward with the -- we would then look at building this facility in the existing right-of-way facility, and we would make a finding that these are beach park facilities, 183 and TDC monies. 183 could be used for this. And at this point, Mr. Chair, we're looking for direction on how to proceed. CHAIRMAN HENNING: Who wants to start first besides Commissioner Coyle? COMMISSIONER COYLE: I don't know. Somebody else want to start first? CHAIRMAN HENNING: Commissioner Coyle, Commissioner Halas, Commissioner Coletta, Commissioner Fiala. COMMISSIONER COYLE: I have just sort of a point of order question here. This was advertised as a decision to be made on the Vanderbilt Beach pier proposal. I don't think it was advertised as a meeting where the board would decide whether or not you build a restaurant or snack bars or elevate the structures or do anything else. I think that, based upon public comments, that most of the commissioners believe that we've done a good job of soliciting comments from the public on the pier, and there's not sufficient public support for the pier. So I'm concerned about segueing from that into guidance from the board to build something else, okay. So I don't want to go there, quite frankly. The pier project was done exactly the way it should have been done. It was an idea that was presented for the public's reaction. It was not a decision by the commissioners to do something. It was a decision to get the public's input. Page 76 May 13,2008 And Commissioner Halas has recognized that input and remains committed to providing access to the beach by all county residents to the extent possible. But I think we recognize that the residents overwhelmingly reject the pier at this location at this time. I don't want to segue into something else at this meeting. I don't think that's the right way to do it. If you've got another idea that the staff wants to present, then I think you're obligated to go back to the public and say, okay, what do you think about this? And hopefully we will know before we begin making decisions about what staff ought to do. We will have the benefit of the public input. So that's my concern here. I do not want today to repeat everything that has been said or done at all the public outreach meetings that have occurred in the past. That's a waste of the public's time. It's a waste of our time. I think that we can acknowledge -- I hope we can acknowledge -- that you do nothing with the pier until there's sufficient public support to do it. And then if the staff has some other ideas, then get them vetted properly, get us a design, show us what it's going to look like. People can't react to just ideas. They have to see what you're talking about. When you're talking about an elevated building and a restaurant and restaurant facilities and things like that, they need to understand where it's going to be. We don't even know that we've got access to some of the property. How can we provide direction to you about doing something if we don't even know that? So I think you need to go explore what you can do with respect to some of the property and the arrangements around it, and then go to the public and say, what do you want to see here? What would you like to have? And then you come back with public support, and it's real easy for us then and we can do what the public would like to do. But I know this is not my district, but I just wanted to try to avoid any -- any more land mines associated with this process, 'okay. Page 77 May 13,2008 But in my opinion, it has worked exactly the way the Board of County Commissioners intended it to work. An idea was generated, it was proposed, we told you to go out and get public input, the public provided their input, and now I think we're -- I'm ready to say, okay, you don't want it, I'm not going to force it down your throat. So let's forget it. MR. McALPIN: Thank you, Commissioner. I think that if that's the board's direction, that's fine. We looked at a -- we thought we were given the direction of looking at a pier and also phasing a product so that we were looking at a pier and the facilities or maybe phasing a product, so that's why we bring that option back to you because this concept can be phased. We could abandon the pier at this location here, just build the facilities as we speak at this point in time. And obviously anything we do is going to have to require additional input, additional design. So what we're looking for is just a direction. Do we -- you know, do you want us to come back with a facility proposal? That's fine for this. We could do that. COMMISSIONER COYLE: What I'm saying to you is, I don't want to tell you to come back with anything in particular that hasn't been vetted with the public. That's the way these things should work, because the minute you come back to us with a proposal and you refer to it as a phased approach, people are immediately going to jump to the conclusion that this is the first step in building the pier, okay. So we've got to erase that concept from our minds. The public has said they don't want the pier. I'm ready to say, okay, I'm not going to force a pier on you. But does the public -- has the public said they want more rest rooms or better rest rooms? Do they want snack bars? Do they want an observation deck? You know, what is it they want? I hear people saying no. There might be some people who say yes. But you see, if we give you direction to do that right now, we've created that same situation all over again. So I'm saying to you, let's find out what the public wants and then do our best to give it to them. Page 78 May 13,2008 MR. McALPIN: Thank you. COMMISSIONER COYLE: Okay? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I'd like to have a show of hands of the people that live right around this particular area where the pier is going to be. Okay. Do we have anybody in the audience that's from outlying areas other than the area where the pier might be located? COMMISSIONER COYLE: One person. oh. COMMISSIONER HALAS: Okay. So obviously there's not a lot of -- a lot of people that are interested in any type of access points to the Gulf. County Manager, how many letters have you written to Mike Sole up in Tallahassee in regards to addressing the issue of trying to increase the load-carrying capacity of the state park, and what has the response been? MR. MUDD: Commissioner, I've written two letters to the Florida Department of Environmental Protection. I've received one response back that was incorrect as far as the information that was provided, and wrote back to Secretary Sole, provided him the information, and I'm still waiting on the receipt and reply to that letter, SIr. COMMISSIONER HALAS: Okay. And what is our next approach to this problem of accommodating not only present residents but future residents here in Collier County to get access to the beach after we've seen that we have very limited areas of access? MR. MUDD: Commissioner, we basically tried to increase the amenities as pathways or whatever that we can get to the beach wherever the opportunity avails itself. Outside of that -- and buying properties along the coast, which we haven't done, and I believe at this juncture it might be cost prohibitive based on the budgets that we have. That's about it, sir. Page 79 May 13,2008 COMMISSIONER HALAS: Okay. So it's my understanding from the survey that was basically taking -- taken by Commissioner Coyle, that we don't want to do anything down there as far as trying to enhance the ability for people to have a better experience down at the beach. We've basically taken off of the -- off the table the pier. But as far as other amenities, we're not interested in those either; is that correct? Is that what you're telling me? AUDIENCE: Correct. COMMISSIONER HALAS: So your don't even want a snack bar down there? AUDIENCE: No, rest room. COMMISSIONER HALAS: Is it because -- CHAIRMAN HENNING: I could call the public speakers if you want. COMMISSIONER HALAS: Well, hold on here. I'm just quite surprised. We heard that -- I guess what we have here then is a gated community starting at U.S. 41 going west. Thank you. AUDIENCE: No. COMMISSIONER COYLE: Can I -- Mr. Chairman, could I ask your indulgence for just a moment? CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Commissioner Halas has raised a very important point, and we need help. He's pointed out that we have not been successful in getting the state to expand the carrying capacity of the park. And that's one of the problems we have, and it's an obvious solution to the problem. Could we ask you to help us do that? If you don't want to increase the carrying capacity in this area, would you be willing to help us petition the state to get them to increase the carrying capacity of their park? You've organized very well, you've been very vocal, you've attended these meetings. Can we ask you to be as effective in Page 80 May 13,2008 lobbying our legislators to get that accomplished? How many people would like -- would be willing to do that? There's not very -- there's not all that many. AUDIENCE: That's too generic. CHAIRMAN HENNING: Okay. You know, at this point I think that what we need to do is either workshop this or ask for the public comments, because this is really not working interacting with the public. But I want to tell everybody -- let's make it straight here. This is not increasing the access to the beach. It is -- it is actually taking away from the beach. If you look at the picture down there, if you had a pier, you would lose -- you would displace some of those people and they would have to go farther out. COMMISSIONER HALAS: Commissioner, just so that you know, we've already taken the pier off the table. CHAIRMAN HENNING: No, we haven't. No, we haven't. You do that at a time when you vote, and you haven't heard from the colleagues. But I've been hearing access, but what is being proposed is not access. It's not going to increase the access. Commissioner Coletta? (Applause.) COMMISSIONER COLETTA: Yeah. Well, that's kind of contradictory to what the opinion was just a moment ago, and -- CHAIRMAN HENNING: Right. COMMISSIONER COLETTA: -- you know, you're talking about including some facilities to be able to meet basic needs of people that are using the place. And we had indication that people were opposed to not only a snack bar, but in most cases, rest rooms. AUDIENCE: No: COMMISSIONER COLETTA: But in any case, let's go back to square one on this. We asked for help trying to get down to the Page 81 May 13,2008 Oelnor- Wiggins State Park, and it didn't seem like there was tremendous amount of support for that either. So I'm becoming very leery about the whole thing. I agree, the pier's offthe table. I don't want to get into that discussion. At what point in time are we going to be able to provide services? We've got a rest room that's failing. Tell us about the rest room facility that's there now. AUDIENCE: It's not failing. COMMISSIONER COLETTA: Please, this is my time. MR. McALPIN: The rest room facility is probably 13 to 15 years old, and it has -- it has two commodes for the women and a urinal and a commode for the men. It is -- greatly needs to be upgraded and expanded. The women's facility is very much inadequate for the traffic that that area receives. The facility was built years ago for that -- for the traffic at that point in time, and I think the board understands the traffic that we're seeing at that location at this point in time. So we believe that anything that you have to do, we would do to that facility, would -- other than a cosmetic rebuild, would have to elevate the facility, and elevate it and expand, and that's what we would be -- which would be a significant amount of money to do that, and that's what we -- if we did not move forward with any other facilities, we would look -- that that rest room absolutely has to be expanded. COMMISSIONER COLETTA: Okay. Is the lack ofa rest room or rest room facilities that aren't adequate, is that a deterrent for people to go to the beach? MR. McALPIN: Is it a deterrent to go to the beach? I think it certainly is a negative relative to the facilities that we provide. What we've been trying to do, Commissioner, is to provide a full-service venue, if you would, at this -- at this location similar to what we have at other locations throughout the county. Page 82 May 13,2008 And if you look at what we're -- what's done at Tigertail, Lowdermilk Park by the City of Naples, and also at Clam Pass Park, we have bathroom facilities, we have a snack bar, and we have -- we have facilities that the people could enjoy. And so that's what we were trying to do here is make this another full-service facility for the community . COMMISSIONER COLETTA: Lowdermilk Park and Tigertail, they have a facility there that serves what you call snack food, I guess, hamburger, hot dogs? MR. McALPIN : Yes. COMMISSIONER COLETTA: They don't really compete with anybody, do they? MR. McALPIN: Not that I'm aware of. COMMISSIONER COLETTA: Okay. Now, that was an issue that was brought up. What would this snack bar that you're talking about, who would it compete with? MR. McALPIN: Mr. Chair, if! may, if you look at the facility right here, we have the Ritz Gumbo Umbo facility, which is located at this location right here; we have the Turtle Club, which is located at this location right here; Mr. Chair, we have a 7-Eleven-type convenience store, which is located at this facility right here, and there may be a little pizza place right in here. So we -- you know, it's -- our opinion is it's unreasonable to have people, a family, mother, children, dragging a cooler, coming in through here certainly to grab an economical-priced drink or a hamburger, something like that, and move to a different -- move to this facility right here or this facility or go off the beach and go up through here to a 7-Eleven. So what we're trying to do -- COMMISSIONER COLETTA: You said reasonable. You lost me there. What does the Turtle Club and the Ritz-Carlton charge for like a hamburger or -- MR. McALPIN: They're in the range of$15 -- Page 83 May 13, 2008 COMMISSIONER COLETTA: Whoa. MR. McALPIN: -- Mr. Chair. COMMISSIONER COLETTA: So I guess the choice is, if there isn't a facility, just bring your own lunch in a cooler, correct? MR. McALPIN: Well, that would be one option, Mr. Chair. We do sell -- Cabana Dan does sell Cokes and snacks out at of -- out of coolers at that location right now. We would be looking to add that to this permitted facility. So we do -- we do have somewhat of a little concessionaire right there now. COMMISSIONER COLETTA: One more question, if! may. Mr. Mudd, we're going to be coming in our budget cycle in an uncertain time of what the economy's -- is and our tax situation. Our revenue streams has been greatly disrupted. Beach parking passes. Is there a plan this particular budget cycle to see about charging the residents of Collier County for beach parking passes? MR. MUDD: Commissioner, it's an option. I haven't finished reviewing the planning services division budget yet, which I review on Wednesday. I'm about on page 20, and I finished their capital side and I haven't got to the beach piece yet and the park side yet, so I'm still -- I'm still reviewing that. So I can't answer that question off the top of my head. COMMISSIONER COLETTA: I'm just --I'm concerned. We're talking about severely limiting the ability of the people that don't live in the immediate area to be able to access the beaches. And if we put on top of that -- which I would say the possibilities -- I'm not going to support it, but I think the possibilities are going to be good that we're going to see a service fee on the beach parking stickers. I wouldn't doubt that it's probably going to be $20 or more. That's going to even more so affect people's ability to be able to access the beaches and one of the reasons that they moved here. So all these things combined, they all add up to a final score, and there's some real concerns here. Now, I understand about the concerns of the people that live in Page 84 May 13, 2008 the area, very much so. But I don't --I'm not of the financial means that if I went to the beach, which I get to do about once every two years, to be able to go to one of the facilities there and pay 10, $15 for a hamburger, and it's just not going to work. I couldn't do it, so I'd either bring my lunch or have to do without. So that's the concern. I'm going to share that with my fellow commissioners. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. You know, I think that it's time for a compromise. We have a lot of people here who say they don't want a pier. We're listening to them. We were trying to help a lot of other people get to the water. Okay, fine. They don't want a pier, but then at least I think the compromise should be at least let us build decent bathroom facilities to handle the families that do go to the beach as well as a shower so that they can shower off the sand and dirt, and they should have a place to be able to sit when they're eating that isn't on the sand if they don't want to or to take their babies to change their diapers instead of throwing the diapers on the beach. So I think that that's a very good compromise. No pier, but the bathrooms and the snack bar. CHAIRMAN HENNING: Okay. Mr. McAlpin, before you expend any money, it needs to go to the TDC. According to the statutes, it does say that the TDC shall approve the expenditures. That's what we were told. And I'm sure you're not asking for the board to give you direction that is not lawful. MR. McALPIN: Right. Commissioner-- CHAIRMAN HENNING: The second thing is, the Turtle Club, I -- two weeks ago maybe, I had a $9 hamburger. It wasn't a special there. Actually it was a cheeseburger. Okay. It was special because it was a hamburger with cheese on it, and it cost $9. How much is it at the -- at the Ritz? AUDIENCE: Fifteen. Page 85 May 13,2008 MR. McALPIN: Mr. Chair, I think -- AUDIENCE: No. CHAIRMAN HENNING: How much is it at the Registry? My wife told me $10 at the Registry at Clam Pass. MR. McALPIN: It's in the range of$15, Mr. Chair. I have the menus here if you'd like to see them. But we're in that dollar range. CHAIRMAN HENNING: I had a-- MR. McALPIN: Fifteen-dollar range. COMMISSIONER HENNING: I had the menu right in front of me, and I chose a hamburger for $9 at the Turtle Club. So why would we want to charge more when the private sector can provide a meal? And by the way, my wife, who is a mother, has a child, and drags a cooler to that beach when she chooses to go to that beach. I don't think that is something that government should provide or has to provide is an experience at the beach. Nature is the experience. (Applause.) CHAIRMAN HENNING: And we're really sending the wrong message to the general public. We're saying, we're going to cut out people in the library, people in the parks, but we want to spend $3 million for the experience at the beach. (Applause.) CHAIRMAN HENNING: Commissioner, I think you were right, is we need to provide the necessities. Ifwe have a -- lacking rest rooms, that could be a public safety. And I think it's reasonable to have showers there. So that's as far as I would go. We're getting close to lunch. We need to give some direction. I would prefer a motion and see if we can move this down the line. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I'd like to make a motion that we disapprove the proposal to build a pier and that we direct staff to investigate service improvements, essential service Page 86 May 13,2008 improvements, at any of our beach locations and provide us proposals after they have been vetted through public hearings. CHAIRMAN HENNING: Okay. And is there a second to the motion? COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HENNING: The motion is seconded by Commissioner Fiala. So just to clarify the motion, Commissioner, you're saying essential services. Something that is essential for government to provide to the citizens? COMMISSIONER COYLE: Yes. And the reason I phrased it that way is essentially this. There are locations that we have where food and other things might be considered essential because it cannot be obtained from -- COMMISSIONER FIALA: Right. COMMISSIONER COYLE: -- a local business. But there are other places like this, perhaps, where it can be obtained. But the point is that I don't want to try to design this today and tell you what you should be developing. I want you to go out and talk with the public to find out what the public will support, and then we can avoid all this controversy that we've had. COMMISSIONER FIALA: May I add something in that motion? I would like us to pursue more public access at Wiggins State Park and -- COMMISSIONER COYLE: Oh, absolutely. COMMISSIONER FIALA: -- enlist these people's help. They have plenty to say about what they don't want. Let's enlist their help to say what they do want. COMMISSIONER COYLE: We can't make them help if they're not going to help. We can't make them help. Ifanybody's willing to volunteer to help -- I'll put this in my motion, that we pursue -- COMMISSIONER FIALA: Okay. Page 87 May 13, 2008 COMMISSIONER COYLE: -- the state about increasing the carrying capacity of Wiggins -- COMMISSIONER FIALA: Okay. COMMISSIONER COYLE: Delnor-Wiggins Park. CHAIRMAN HENNING: One more question on the clarification of the motion so we get it straight before we go to Commissioner Halas. When you say public hearings, are you saying to our advisory boards, or are you saying to the public, go out to the public like Mr. McAlpin did earlier for this pier? COMMISSIONER COYLE: I'm looking for the staff to go out in public outreach programs -- CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: -- and find out what they would like to have as far as improvements to facilities on the beach. And I'm not restricting that to just the people who live there. I'm talking about Collier County residents. And come back to us with something that has been properly vetted, and maybe not completely designed, but at least the ideas and components of the project have been vetted, then we can come back and go through formal hearings on these kinds of things and have elevations and drawings. We will have worked out whatever problems we have with ownership or rights of property and stuff like that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Let's cut right to the chase. We've asked -- the staffs come to the Board of County Commissioners, we did a study in regards to a pier. The staff then came back and said that they needed around $12,000 to go out and publicly vent (sic) this. We spent the money, it's been vented. I think that the bottom line here should be, let's just get a gallon of paint, paint up the rest rooms and forget about it, and I think we've got the problem solved. CHAIRMAN HENNING: Okay. That's not quite the motion. COMMISSIONER HALAS: Well, that's the way I look at it. I Page 88 May 13,2008 really do. You know, it's been vented. We've had -- we went to four different locations throughout the county, and the end result was that nobody wanted to get involved in this or wanted anything. And I think the end result is, from what we hear today, just paint the rest rooms, and I think they'll be okay. CHAIRMAN HENNING: Anybody else before we go to public speakers? (No response.) CHAIRMAN HENNING: Just to reiterate the motion, what the motion is, is go out -- the pier, no pier, go out to the public with others amenities, essential amenities, to the access at Vanderbilt Beach. COMMISSIONER COYLE: Any access. CHAIRMAN HENNING: Yeah, all accesses. So we are going to call the public speakers, or Sue is. You may choose to waive knowing that you're going to have more input, but the pier in this motion is not going to happen. So if you're in favor of the pier, you may come up and speak, or you can speak anyways. Please call the public speakers. MS. FILSON: Mr. Chairman, I have 34 speakers. The first one is Dick Lydon. He'll be followed by Mick Moore. CHAIRMAN HENNING: Did you want to waive, Dick? MR. LYDON: I waive. MS. FILSON: Mick Moore? CHAIRMAN HENNING: Mr. Moore? And then following Mr. Moore. MS. FILSON: Jim Carter? CHAIRMAN HENNING: Mr. Carter, did you want to waive or did you want to speak? MR. CARTER: I have a question on the motion. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: The more speakers I have on my motion, the more likely I'm going to withdraw it. Page 89 May 13,2008 CHAIRMAN HENNING: Mr. Moore? MR. CARTER: I appreciate the comment, Commissioners. CHAIRMAN HENNING: Hang on, Mr. Carter. MS. FILSON: Wait, wait, wait. CHAIRMAN HENNING: Mr. Carter? MS. FILSON : You're first. Go. CHAIRMAN HENNING: Mr. Moore? MR. MOORE: Good morning, Commissioners. My name is Mick Moore, and my family owns the Vanderbilt Beach Resort. I just wanted to come up and just get my comments on the record. I appreciate the discussion today, and I'll try to tailor my comments accordingly. We've owned the resort, it's been in our family since 1968 when my grandfather purchased it. My father's father's been running the resort since 1976, and now I'm running it with him. So we have a considerable amount of time on Vanderbilt Beach. And I'm fortunate now to have two young daughters who are playing on Vanderbilt Beach quite often. So we've been there for a while and we should continue to be there. I agree with the commissioners and the sentiments that have been expressed that the idea of a pier on Vanderbilt Beach and, in my view, anywhere, is misguided and unwise. I think that the three questions you need to continue to constantly ask as you go through this process are, do we need it? Does the public want it? And is it possible for us to do it? And I'd submit it -- very much with the pier and the snack bar idea, the answer to all three questions is no. We don't need a pier. It will result in less beach access because it will cover up the beach area as it goes out. The public doesn't want it, as you've already recognized, and it would not be responsible for a number of reasons, fiscally, environmentally, traffic and parking and its effect on tourism. Page 90 May 13, 2008 As a hotel operator, we sit at the forefront of the tourism industry, and I can tell you the hotels that I have spoken with, nobody thinks that a pier will help tourism. In fact, most hotel operators believe it will negatively affect tourism in the county, which will negatively affect the finances of the county greatly. Let me just raise two things that were brought up in the discussion. I understand the sentiment about increasing the capacity at Wiggins Pass State Park, and that might be possible, but I, for one, have no idea what that means, and would have a hard time saying yes, let's do that, without knowing whether that's something that's possible. What would its impacts be on the county, on the environment, on traffic, on the facility there? Is it cost effective? How much could you increase the capacity? Those are all questions that would have to be answered before anybody in their right mind would say, yes, let's increase the capacity. It's not really fair to ask the public to say yes to that without that information. On the issue of food prices, Clam Pass charges more for a hamburger than our restaurant does at the Vanderbilt Beach Resort, the Turtle Club, and that's an entity, that's a facility operated by the county. So to suggest that somehow the food prices are going' to be more affordable for the public by providing some sort of snack bar facility there when the only snack bar facility in that area which is operated by the county is more expensive is just wrong. Thank you very much. CHAIRMAN HENNING: Thank you, Mr. Moore. Mr. Carter? MS. FILSON: The next speaker is Jim Carter. He'll be followed by Allan Grossman. CHAIRMAN HENNING: Mr. Grossman, do you want to waive your time? MR. GROSSMAN: Yes, I'll waive. Page 91 May 13,2008 CHAIRMAN HENNING: Next speaker after that, Sue? MS. FILSON: Lenora Ferdinand. MS. FERDINAND: I'll waive. CHAIRMAN HENNING: She waives, thank you. MS. FILSON: Norman Bilodeau? MR. CARTER: Bilodeau. MR. BILODEAU: Waive. CHAIRMAN HENNING: You're going to waive? Next speaker? MS. FILSON: Jackie Bammel (sic). MS. BAMMED: I waive. CHAIRMAN HENNING: Next speaker. MS. FILSON: Barbara Bateman? MS. BATEMAN: I waive. MS. FILSON: Joe Connolly? CHAIRMAN HENNING: Mr. Connolly? MR. CONNOLLY: I waive. MS. FILSON: William-- MR. ELIRIE: Waive. MS. FILSON: Susan Morand? CHAIRMAN HENNING: Susan? She's not -- MS. MORAND: I'm right here. I'm not waiving. I don't know what response you want. CHAIRMAN HENNING: Not waiving, right. Thank you. Mr. Carter? MR. CARTER: Thank you, Commissioners. My name is Jim Carter. I'm a resident of Pelican Marsh, serve on the Pelican Marsh foundation. Two questions, and one is a comment, one is a question. The two issues with the pier and the second was the construction of bathrooms, restaurant facility, storage, office, et cetera, at the turnaround at Vanderbilt. If that's off the table, the alliance certainly will not object to looking at what you might do to improving Page 92 May 13,2008 bathroom facilities. We don't know what can be done and how it can be done. But that, I think, is something that's in your motion to look all over the area to answer that question. The alliance is not a group that is against what you are asking about Wiggins State Park. We -- as the speaker in front of me said, we don't know enough about what the possibilities are to say what we can do or what we can't do. One of the issues, I understand, that this park is limited because it's a preserve area and there's a load factor and it really rests with the Department of Environmental Protection. So until more information is gathered and presented and we're elicited to help you explore that, we can't answer the question. I appreciate what you're doing. I understand the dilemmas you've gone through, but the alliance is not a negative group. We were there because we opposed the pier, we opposed the turnaround, and we really -- we really were opposed to doing something with the bathroom area that really was being -- going beyond what needs to be done. I think Commissioner Halas hit it on the nose, why don't you refurbish what you have, do that temporarily, look downstream and ask yourselves, what would be logical to put in there? You don't build facilities for peak season. You build them to work through the year. It's no different than building roads. Thank you. CHAIRMAN HENNING: Thank you. Just to-- MS. FILSON: Susan Morand. CHAIRMAN HENNING: -- clarify, County Manager, let me just state this and let me see if this is your understanding. The board gave direction to take it out in the public. It didn't say nix the idea of a restaurant and -- or facilities at the end of Vanderbilt Beach. What is your understanding? MR. MUDD: Commissioner, motion is no pier. If you're going Page 93 May 13,2008 to do anything that has to do with any kind of access to particular issues, vet it with the public and then bring it forward through the proper -- may it be parks and rec., TDC, and back to the Board of County Commissioners. That's it. CHAIRMAN HENNING: Okay. Well, no. It was saying go out to the public and have public meetings -- MR. MUDD: I said vet. CHAIRMAN HENNING: It was ancillaries -- MR. MUDD: Yes, sir. I said -- CHAIRMAN HENNING: -- ancillary amenities at the beach. That's not public access. Public access is where you go to the beach for those amenities if they're there. Commissioner Halas? COMMISSIONER HALAS: Yes. The way the motion is right now, I'm not going to vote on it. I'm not going to go out and spend more taxpayers' money to go out and vent this out through the whole area. (Applause.) COMMISSIONER HALAS: So I think the end result is, all we'll do is, like I said, we'll get a gallon of paint and paint that down there, and figure out what we want to do in the future, end result. AUDIENCE: Remodel. CHAIRMAN HENNING: Next speaker? MS. FILSON: Susan Morand? CHAIRMAN HENNING: And followed by? MS. FILSON: Rollin Rhea? CHAIRMAN HENNING: Mr. Rhea? MR. RHEA: I yield my time to Georgia Hiller. MS. MORAND: As I do. MS. FILSON: Doris Rand? MS. RAND: I waive. MS. FILSON: Bob Naegele? Page 94 May 13,2008 MR. NAEGELE: I'll waive. MS. FILSON: Susan Stiefel. MS. STIEFEL: I'm going to give my time to Georgia Hiller, please. MS. FILSON: Carol Wright? MS. WRIGHT: I give my time to Georgia Hiller. MS. FILSON: Kathy Robbins? MS. ROBBINS: I cede my time to Georgia Hiller. MS. FILSON: Georgia Hiller? CHAIRMAN HENNING: Mrs. Hiller waives. MS. HILLER: No, I'm not waiving. CHAIRMAN HENNING: No, you're not waiving? Please, go ahead. MS. HILLER: I just got so much time. Would you like me-- CHAIRMAN HENNING: Either mike. MS. FILSON: And how much time do you want me to allow, sir? CHAIRMAN HENNING: There's four people, five people. MS. MORAND: No, no, no. More than that. CHAIRMAN HENNING: How much time do you need? MS. HILLER: I don't know. Depends on what our discussion is. CHAIRMAN HENNING: You know, if you waive your time to the person representing the residents, it is three minutes per person. So however many -- MS. FILSON: I didn't count them. MS. HILLER: Can everybody who ceded their time to me please raise their hands. CHAIRMAN HENNING: One, two, three, four, five, six, seven; 21 minutes, plus three is 24 minutes. MS. HILLER: So twenty-five minutes? CHAIRMAN HENNING: Twenty-four minutes. MS. HILLER: Thank you very much. Page 95 May 13, 2008 Commissioners, my name is Georgia Hiller. I am the Chairwoman of the North Naples Community Alliance, a coalition of 17 organizations representing approximately 18,000 constituents. Our position with respect to the pier is that we don't support a pier at any location. With respect to the snack bar, bathroom, observation deck, storage facility, we do not support that either. I'd like to begin the discussion in response to Commissioner Coyle's request to bifurcate this project and delay the discussion of the bathroom, observation deck, storage, and snack bar to a later time. I have to agree with Commissioner Halas, the money has already been spent. The executive package which was put together for the Board of County Commissioners includes both a proposal on the pier itself as well as on the snack bar, bathroom, observation deck, and storage area. I wish we could call it something a little bit shorter. In any event, Mr. McAlpin, when he presented this project to the community, presented it in its totality. And as a result, this issue has been vented. Our community has seen the drawings. The parks and rec.'s advisory board has seen these drawings for this an -- for this adjacent project, and I believe that our position has been made clear at the meetings that we attended that we are in opposition. As a result, to at this time postpone the decision on this issue would be inappropriate. With that I would like to turn to the presentation that I intended to make today on that particular facet of the project. Commissioners, in these difficult economic times where people are losing their homes and jobs, how can the commission waste tax dollars on a non-essential project, particularly when beach renourishment reserves and catastrophe reserves are underfunded, where EMS is underfunded, and where the sheriff can't build necessary additional substations? It is simply irresponsible. The budget for this project as presented is materially understated. The combined project was understated by at least 39 percent. It most Page 96 May 13, 2008 significantly fails to contemplate cost of financing the construction which would equal at least the entire cost of the project itself. This, quote, snack bar, et cetera, project might readily cost upwards of $7 million to the taxpayers. Only one-third of the TDC revenue stream within category A can be used towards beach park facilities. There remains the legal question whether this project can even be funded from this category. More importantly, as you pointed out, Commissioner Henning, the Board of County Commissioners cannot approve any expenditure of TDC dollars without the TDC's prior approval. Further, the use of the TDC reserves for this project is prohibited by county policy. Catastrophe reserves and major reserves can't be depleted for non-budgeted, nonessential projects that the public doesn't even want. Lastly, no budget has been proposed for the maintenance of the project nor has the source of funding for such maintenance been identified. Maintenance certainly can't be paid from TDC dollars. As to the staffs executive summary presented to the Board of County Commissioners, the Growth Management Plan section cited is incorrect and refers to undeveloped beachfront property where the location in question is obviously developed. The correct Growth Management Plan section prohibits the contemplated use, a restaurant with outdoor seating since it does not fall into the category of public access under the code. The current bathrooms are situated within the coastal construction zone, and therefore section 10.4 of the Growth Management Plan applies. The county cannot build to the east of this site of the current bathrooms because of existing mangroves, and the county cannot go west because of the public access limitation. The cul-de-sac is a break in the dunes. Any building would destroy the natural vegetation that stabilizes the dunes even further, making the area more susceptible to storm damage. A storm would Page 97 May 13, 2008 eat away at the sand and would erode Vanderbilt Beach Road. All along the beach, on the back side of the dunes is gopher tortious habitat. Expansion of the facility -- and I'm speaking specifically about the snack bar, observation deck, storage area, and removal of vegetation will adversely affect these gopher habitats isolating the tortoise population and prohibiting their north/south movement. The code makes clear that the county shall prohibit activity that endangers listed species, notwithstanding the county is now attempting to violate its own code. As to sea turtles, there are several secondary impacts. One would be from the lighting of the facility itself. The vegetation at the site will be cut down, and the lighting of the facility will draw the turtles to the building rather than the water. Without vegetation, headlights from oncoming cars on Vanderbilt Beach Road will disorient these turtles further. Has the county even addressed such construction in a sensitive dune area with the county's own environmental staff? Are these improvements seaward of the county's 1974 coastal construction setback line appropriate? Finally, this project in every way goes against environmental conservation. With respect to the issuing of menus, we are being made to believe that this restaurant will serve low-cost food. Does the county intend to use Clam Pass concession pricing as has already been pointed out where the charges are equal to the restaurants at Waterside Shops? Ten dollars for a burger, $13 for a fish sandwich, $4 for a bottle of water, and $16 for a glass of chardonnay? In fact, are you aware that the concession at Wiggins Pass is closed once the winter months are over because of lack of demand? Clam Pass and Tigertail do have a concession because they don't have facilities within walking distance where people can get food. Page 98 May 13,2008 Our location does. As Commissioner Henning stated at the last MPO meeting, the only free cheese is in the mousetrap. Commissioners, if you approve this project, you would be abdicating your duty as the fiduciary of our public funds, and in doing so, you would be violating the guiding principle of stewardship of the Collier County Board of County Commissioners. Please be responsive to the people of Collier County. The community opposes this project in its entirety, the pier, the observation deck, the snack bar, and the storage facility. We ask that you do the responsible thing and that is, make a motion today to oppose it and vote against it. CHAIRMAN HENNING: I have a question for you. (Applause.) COMMISSIONER HENNING: Ms. Hiller, you said the beach renourishment reserves are not adequate? MS. HILLER: That's correct. CHAIRMAN HENNING: I really question that statement. MS. HILLER: No. Well, that is correct, Commissioner. What I'd like to do is -- do you have an overhead? MR. MUDD: Yes, right here. MS. HILLER: Thank you. CHAIRMAN HENNING: Commissioner Halas has a question, I believe. MS. HILLER: And actually let me get one other thing. Commissioner Henning, the county has a policy with respect to -- with respect to the use of category A TDC funds. Thank you. Thanks, Jim. Specifically what is provided right here is that policy. And if you look under item number 3, it says that there is a mandatory annual budget allocation of funds and maintenance of reserves that is required. Page 99 May 13,2008 Item 3A addresses catastrophe reserves which will be accumulated in the budget with one million in 2004, plus a half a million per year thereafter, up to a maximum of 10 million, and this is -- now these are the operative words -- that in the event of a catastrophe requiring the expenditures of all or part of these reserves, a half a million will continue to be set aside. It's in the event of a catastrophe that these funds can be used, not for a non-essential project. The second item, which is 3B, specifically provides that there are -- there is a requirement, again, a mandatory annual set-aside for major renourishment reserves which shall be accumulated in the budget with $2 million per year after the completion of the major renourishment project currently in planning and permitting as of September, 2005, projected to start setting aside funds in fiscal year 2007. So this year we should actually have $4 million in that account. I don't believe we have that much money in there. The point being is -- and actually let me draw your attention to the third item, which is beach park facilities, including beach access, property acquisition, shall be funded annually in an amount equal to one-third of TDC category A revenues, meaning that only one-third of the revenues in category A can be allocated to a beach park facility. And as I mentioned earlier, there is a question whether this project can be considered a beach park facility. So as you can see, there is a mandate requiring you to accumulate these reserves for both catastrophe and renourishment projects, and these funds cannot be wasted on nonessential projects which are not renourishment or catastrophe related. CHAIRMAN HENNING: Okay. Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes. You brought up a point on coastal setback line, and I'm very -- I feel very strongly about that. So Page 100 May 13, 2008 I guess that's one of my areas that -- why I didn't changed my mind on this thing. And any other items that come before me that have -- that try to interfere with that coastal setback line, I'm going to take that same stand. Thank you. MS. HILLER: Thank you very much, Commissioner Henning -- I mean, commissioner Halas. If I may then, if that is your position, could you put a motion on the table to take -- COMMISSIONER HALAS: There's already a motion. MS. HILLER: Right. But once that one is hopefully lost, I hope, if another -- if you have an opportunity to make another motion, if you could make a motion to bring this project to a halt. COMMISSIONER HALAS: I'm not going to make any motions. MS. HILLER: All right. COMMISSIONER HALAS: Okay. Thank you. MS. HILLER: Thank you. CHAIRMAN HENNING: You complete? Thank you. Next speaker? MS. FILSON: Kathleen Adams? MS. ADAMS: Waive. MS. FILSON: Bonnie Michaels? CHAIRMAN HENNING: Then following Ms. Michaels? MS. FILSON: Nicole Ryan? CHAIRMAN HENNING: You know, at this point, it is after 12, we have a majority here, I'm just thinking that it might be in the best interest to vote on the motion at hand. COMMISSIONER COLETTA: Wait just a minute till Commissioner Fiala gets back. CHAIRMAN HENNING: Okay. Ms. Michaels. MS. MICHAELS: I will keep this brief. I live in Beachwalk and I want to thank you all for listening to the community. And what's been most concerning about this whole process is that Page 101 May 13,2008 it's been so staff driven and not community driven. The community doesn't come and scream and yell for a snack bar and to change everything. And I just wanted to refer to the Growth Management Plan, the local government's -- governance where it talks about the goal to provide effective leadership from elected officials to establish the vision and values that reflect the needs and desires of the community. And I would hope in the future that the community could drive projects instead of having it be the other way around. And again, I thank you so much for listening to us. MS. FILSON: Nicole Ryan? CHAIRMAN HENNING: There's a motion and a second on the floor. All in favor of the motion, signify by saying -- COMMISSIONER COLETTA: No, no. I'm sorry. Restate the motion, please. CHAIRMAN HENNING: The motion is no pier and direct staff to take beach facilities, essential beach facilities, which include snack bars, restaurants, bathrooms -- COMMISSIONER FIALA: Showers. CHAIRMAN HENNING: -- showers and so on, so forth, out to the community throughout the whole community, and then bring that back to the Board of Commissioners. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: And to continue to try and get more access at Delnor-Wiggins. Was that on the -- that was on the motion as well, right? CHAIRMAN HENNING: Correct. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. Page 102 May 13, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: The reason I am opposed is because I don't want to spend any more money on this thing. Let's just use a gallon of paint and paint the rest rooms. AUDIENCE: No. CHAIRMAN HENNING: We heard that. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Next speaker? MS. FILSON: Nicole Ryan? CHAIRMAN HENNING: And following? MS. FILSON: She'll be followed by Joanna Vaught. COMMISSIONER COYLE: I thought we voted on it. CHAIRMAN HENNING: Yeah, we did, but the public has a right to be heard. Ms. Vaught, did you want to speak or waive? MS. VAUGHT: I want to speak. CHAIRMAN HENNING: Okay. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida, and I guess I will tailor my comments based on the motion made. And the Conservancy certainly does appreciate your vote to forego the pier at Vanderbilt Beach. We did have many concerns, ours based on environmental incompatibilities and inconsistency with the Growth Management Plan. I would appreciate a point of clarification because the staff report had mentioned working with Delnor- Wiggins State Park on a potential pier in that location, and the conservancy would have environmental concerns about a pier in that location also. CHAIRMAN HENNING: That was a part of your -- COMMISSIONER FIALA: No, it was -- Page 103 May 13, 2008 CHAIRMAN HENNING: -- direction. COMMISSIONER FIALA: -- more access at Delnor-Wiggins Park. CHAIRMAN HENNING: Yeah. MS. RYAN: Okay. So no pier, and we appreciate that. Just a comment about the increasing of carrying capacity at Delnor- Wiggins. I think that we have to look very carefully at what the carrying capacity is, why that was established, the purpose of Delnor- Wiggins State Park, and the fact that just stacking bodies on the beach doesn't necessarily mean a good beach experience, so we have to make sure that there is the proper parking for that facility. And we also have to make sure that the environmental resources are protected. If, indeed, the carrying capacity is at that right magical number for protection of the resources, we certainly wouldn't want the county or the community to be advocating for something that could be a negative impact. I don't know what that number is, but since I'm not sure that anyone does right now, I just caution you on that. And the Conservancy would like to take this opportunity to bring up a very important point about impacts to native wildlife and listed species from the pier that we do have in Collier County right now, the Naples Pier. The Conservancy is in a rather unique position to discuss these issues because we are the ones on the receiving end of many of the injured native wildlife, and we'd like to discuss that a little bit with you because there's been a lot of talk about the impacts to especially brown pelicans, and we think that the county could turn this around and really make this something positive and proactive by helping the city and a lot of the people that use that Naples Pier. Even though it's within the city, they are county residents and they're also tourists to Collier County. So we would like for Collier County to do something proactive in looking at additional education and enforcement on the Naples Pier to Page 104 May 13,2008 really make that a showplace. And our manager of our wildlife rehabilitation center is going to be speaking after me to speak a little bit about some of the things that we see on a day-to-day basis. So we would ask that you not forget about this issue of the impacts to our current pier and really do something proactive in the future. Thank you. MS. FILSON: Joanne Vaught? She'll be followed by Earl Harvey. CHAIRMAN HENNING: Mr. Harvey, did want to speak? MR. HARVEY: I'm going to waive today since the pier's a moot point right now. MS. FILSON: John Minard? CHAIRMAN HENNING: Mr. Minard, you're going to waive. You want to speak, okay. MS. VAUGHT: Ready for me? CHAIRMAN HENNING: Yes, please. MS. VAUGHT: Thank you for your time. I'm new at this. I am the manager at the Wildlife Rehab Center at the Conservancy, and I'm here representing some of the wildlife that we deal with. I also have some of my volunteers that work with us every day helping to take care of the animals here as well in support of what I'm just going to mention in terms of the Naples Pier and how I think the county could be supportive in some of the things we're trying to do to improve the conditions there. CHAIRMAN HENNING: Okay. You have to state your name in the record. MS. VAUGHT: Oh, I'm sorry. Joanna Fitzgerald Vaught. CHAIRMAN HENNING: The topic -- the Naples Pier is not a part of the topic. MS. VAUGHT: Okay. CHAIRMAN HENNING: The pier has been voted on, and it's Page 105 May 13,2008 not a part of the direction of the Board of County Commissioners. MS. VAUGHT: Okay. CHAIRMAN HENNING: So do you have any direction about essential facilities to the beach? MS. VAUGHT: No, only that I was just pointed (sic) out that the facilities at the Naples Pier are exactly what at Vanderbilt, so the similar issue there. And I would think that just -- the Naples Pier gets more traffic there, but that's about it. CHAIRMAN HENNING: Okay. Thank you. MS. VAUGHT: All right. Thank you. MS. FILSON: John Minard. He'll be followed by Marcia Cravens. CHAIRMAN HENNING: Ms. Cravens, did you want to speak? MS. CRAVENS: I do. MS. FILSON: And then your final speaker is Daniel Byers. MR. MINARD: John Minard, homeowner, east of Vanderbilt Beach. I think the only thing the public wants is access to the beach. You've got your homeowners in the county, you've got your tourists, and they can't get to the beach, because as you know, the end of Vanderbilt Beach Road is crowded. It looks like Jones Beach or Coney Island on the weekend. That's now, this time of year, the last couple Sundays and Saturdays I've been going down there. Delnor- Wiggins is full. I don't see how you can expect help from there. They're backed up by 12 o'clock, street's backed up. They're full. The beach there is also full, very full. Being I can't do anything else but walk, I've been doing a lot of walking the last couple of weeks. When I walk from Delnor- Wiggins down to where your public beach is at Vanderbilt, it's 1.2 miles. And I walked it Saturday and Sunday, last couple of weeks. There's only about 150 yards right now of that beach being used. When the Vanderbilt Inn re-opens, figure they'll use another 150 Page 106 May 13,2008 yards. And I'm just talking about -- not -- excuse me. I didn't mean all the way down to the public. I meant from where Delnor- Wiggins is down to the Vanderbilt Beach Club from there on south there are more. But from the Vanderbilt Beach Club to the LaPlaya, there's people -- nobody hardly at all in there. And from LaPlaya all the way back to Delnor-Wiggins, there's nobody. So actually you're only using about 15 percent of Vanderbilt Beach. If you had some public access, whether it's off-area parking somewheres -- I don't know where you're going to put it. That would be up -- but that's what, I think, the public wants is beach access. They don't need food. They can bring their own. All they want to do is to be able to get in the water and lay on the sand and enjoy the sunshine. I think everybody's happy without spending a tremendous amount of money or upkeep. MS. FILSON: Marcia Cravens? (Applause.) COMMISSIONER FIALA: Can I just say something on that, if you don't mind? CHAIRMAN HENNING: Yeah. COMMISSIONER FIALA: Real quickly. You're absolutely right, and that's what we've been trying to do. We did Commissioner Halas a disservice a couple of years back. He asked us not to vote for the sale of a couple of the properties right there that continued to allow public access or public boating, and instead developers bought that property up. We didn't stick with him on that and we should have -- (Applause.) COMMISSIONER FIALA: -- which eliminated all this. And quite frankly, I don't think we should ever approve anybody building anything and taking public access away again, to be honest with you. MR. MINARD: Yeah, a couple places where they could get on a Page 107 May 13,2008 beach between LaPlaya and Vanderbilt Inn would be ideal, but you're going to have to transport them in and out. There's just no way they can get there. So you've got a lot of beach with nobody using it. CHAIRMAN HENNING: Ms. Cravens, followed by? MS. FILSON: Marcia Cravens will be followed by Daniel Byers. CHAIRMAN HENNING: Mr. Byers, did you want to speak? MR. BYERS: Yes. I'll be brief. CHAIRMAN HENNING: And you have a contract with the county, right? MR. BYERS: That's correct. CHAIRMAN HENNING: Ms. Cravens. MS. CRAVENS: Hi, Marcia Cravens from the Mangrove Action Group. The commissioners created this awesome document last year. This is the 10-year strategic plan for fiscal years 2007 to 2016. Three of these focus areas are actually pertinent to what's been happening here today and what also has been happening in the community where staff-driven projects that affect our neighborhoods and our national resources have kind of been the rule. The first focus is neighborhood preserve and enhancement with the goal to preserve and enhance the safety, quality, value, and character and heritage of our neighborhoods, community, and region. The second one, focus is growth management with a goal to responsibly manage the community growth and development and redevelopment while enhancing the natural environmental. Focus number six, local governance. The goal is, sustain public trust and confidence in county government through sound public policy decisions, expert professional management, and active citizen participation. A main plank for this achievement of this goal is to establish the vision, mission, values, and strategic goals for the organization, being Page 108 May 13,2008 the government, that reflects the needs, desires, and wants of the community. I'm very happy to see that the commissioners appear to have listened to their community today and have voted to not go ahead with that pier. I would like to make reference to a blog by Commissioner Halas recently which he talked about his love of cooking, and he made an appeal to the community for considering some alternatives if we, in fact, did not want a pier within the stretch along Vanderbilt Beach Drive in that area. I would suggest that the commissioners made a nice show at the last meeting ofpartnering with the City of Naples. We have a fabulous pier in the City of Naples. It is used by many Collier County residents. I believe that the Collier County Government could partner with the City of Naples in enhancing the experience at Naples Pier. You could help them with more parking access and better traffic flow and enhance that experience for all for now and the future. Thank you. MS. FILSON: Your final speaker is Daniel Byers. MR. BYERS: Good morning. My name is Daniel Byers. I own Cabana Dan's. We are under contract with the Collier County Parks Department to provide what we all consider to be essential services to the guests that come to the beach. We do currently offer water, sodas, Gatorades, fresh-squeezed juices, crackers, chips, basic snack items. A lot of people that are here are people that frequent our business and all think that we work hard, you know, with the county to make sure what we do is environmentally friendly and provide those essential services on a daily basis. I just want to make sure, as we look at essential services, that what we provided for the county for the last 10 years is something that is considered essential by you and by the people that come to the beach. Page 109 May 13,2008 And just to shed some simple light, we've been a sounding board for the pier project and the snack bar since it's been brought out to the public. We're there on a daily basis. The people want more than a paint of coat (sic) rest rooms, they do want it expanded. They want the facility updated. And as you said, I don't think the observation deck or something of that nature would be out of the question if it's kept within a reasonable size perimeter. People would be for that. But we're happy to be there. We like providing the services that we do, and I think by not having the snack bar, what we provide would be considered the essential services. We also keep menus for the local restaurants in the area, and we've always tried to be sort of a concierge for Vanderbilt Beach. People ask where to eat. We're not trying to take business away from them. We tell them what's in the area and leave that choice up to them. So I think that not to do the pier is the right choice; expanding the rest rooms and updating those would be a logical step in the right direction. CHAIRMAN HENNING: Okay. MR. BYERS: Okay, thank you. CHAIRMAN HENNING: Okay. The -- there's no further direction. I think we can take a lunch break. Should we be back at one, or should we take an hour lunch? COMMISSIONER HALAS: Hour lunch. CHAIRMAN HENNING: Hour lunch? COMMISSIONER FIALA: Yeah. We need to do that. CHAIRMAN HENNING: We'll be back 1:30? COMMISSIONER FIALA: Yeah. COMMISSIONER COLETTA: I've got about 20 students I'm meeting. (A luncheon recess was had.) Page 110 May 13,2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Thank you. County Manager, where we at in the agenda? Item #6D PUBLIC PETITION REQUEST BY AISLING SWIFT TO DISCUSS PRIVACY BUFFER AT NEW HOPE MINISTRIES - MOTION TO CONTINUE INDEFINITELY - APPROVED MR. MUDD: Commissioner, this would bring us to advertised public hearings. Before we go there, before we broke I got word that public petition item 60, it's a public petition request by Ashling Swift to discuss a privacy buffer at the New Hope Ministries. The petitioner's asked to continue that item indefinitely. I just need to get a board's vote that-- MS. FILSON: Which one? MR. MUDD: -- that happened. COMMISSIONER COYLE: Motion to continue. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion to continue 6D by Commissioner Coyle, 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.) Page 111 May 13,2008 CHAIRMAN HENNING: Commissioner Fiala wants a -- I'm sorry. Commissioner Coyle -- Coletta wants a clarification on the motion. His request is to hear 12A before 8A. Was that in your motion, Commissioner, to approve the agenda? COMMISSIONER COYLE: No, it was not. COMMISSIONER COLETTA: I thought I made the motion. CHAIRMAN HENNING: Well, it died. COMMISSIONER COYLE: Yours died. CHAIRMAN HENNING: Yeah. It didn't have a majority. CHAIRMAN HENNING: It has two votes. COMMISSIONER COYLE: It depends on where you're standing. Okay. I mean, a simple request like that, I would have granted without any kind of reservations for anyone of you. CHAIRMAN HENNING: Well-- COMMISSIONER COYLE: Majority voted. CHAIRMAN HENNING: Yeah. It was majority rule. I apologize. We go to 8A. Item #8A ORDINANCE 2008-23: ADOPTING AN ORDINANCE AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, WHICH IS CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, BY INCORPORATING THE DIRECTED CHANGES TO THE CHARITABLE ORGANIZATION IMPACT FEE DEFERRAL PROGRAM - ADOPTED W /CHANGES MR. MUDD: This brings us to 8A, which is advertised public hearings. This is a time certain item. This item was continued from the April 22, 2008 BCC meeting. It's a recommendation that the Board of County Commissioners Page 112 May 13,2008 consider adopting an ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is chapter 74 of the Collier County code of laws and ordinances, by incorporating the directed changes to the charitable organization impact fee deferral program. Ms. Amy Patterson, your manager for impact fees, will present. MS. PATTERSON: Good afternoon. For the record-- COMMISSIONER COYLE: He got it right. MR. MUDD: I'm not too sure yet. MS. PATTERSON: For the record, Amy Patterson, impact fee and economic development manager from community development. COMMISSIONER FIALA: You were close, close. MS. PATTERSON: I'm here today regarding the charitable organization impact fee deferral program. This is the returning ordinance based on the directed changes by the board on February 26, 2008. This was continued from the April 22nd board meeting. I have a presentation that summarizes the changes that were directed, or at the board's pleasure, I can answer questions. I don't know how -- CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Amy, with respect to the amount of the impact fee waiver before the change -- and I think it's probably the same now -- one applicant could get 50 percent of the total allocated amount for waiver. MS. PATTERSON: That was leftover language -- to clarify, that was -- this program has gone through a series of changes over the year, years, and at one point in time there was less money allocated to the program, and the money was allowed to accumulate, and therefore, an applicant could theoretically take 50 percent of the fund balance and still be within the parameters of the program. The program is now limited to $200,000 per fiscal year, and one applicant may receive $100,000 as a maximum. So those are the two guidelines that remain. We took -- the 50 percent no longer made Page 113 May 13,2008 sense based on those two guidelines. So those are the two things that remain. The 50 percent is now gone. COMMISSIONER COYLE: But the $100,000-- MS. PATTERSON: Remains. COMMISSIONER COYLE: -- per applicant, which is 50 percent of the total amount? MS. PATTERSON: Correct. COMMISSIONER COYLE: But we can -- if we change the total amount, it will still be limited by the $100,000 figure; is that correct? MS. PATTERSON: Correct. Unless the board directed otherwise. COMMISSIONER COYLE: Do we have -- is it common for someone to ask for that amount of deferral all at once? MS. PATTERSON: It's becoming more-- COMMISSIONER COYLE: Or waiver. MS. PATTERSON: It's becoming more common as the impact fees get higher, and depending on the intensity of the land use that's requesting the impact fee deferral. The last applicant was Fun Time Academy, and they didn't require a $100,000. I think they took about 75,000. We have Collier Health Services which needed the full 100,000 because they're a medical unit, and it's quite a high rate. So depending on the type of organization would depend if they needed the full 100,000. But it's been a fairly accurate number that we've been using. COMMISSIONER COYLE: Okay. I have just a minor question concerning the wording of the ordinance itself, and I need to direct this to the county attorney. Jeff, when we go to page 1 of -- or 3 of 3 or page 8 of 8, whichever numbering system you like to use, at the top of the page, the fourth sentence down from the top of the page it says, during the -- recipient of an impact fee deferral during the term of this deferral is required to provide services to persons that are not legally residing in Page 114 May 13,2008 the United States due to a new state or federal mandate. It would be clearer for me if we took the phrase "due to a new state or federal mandate" and placed it after the word required. So it would read, "is required due to a new state or federal mandate to provide services to persons that are not legally residing in the United States. " MR. KLA TZKOW: Okay by me. COMMISSIONER COYLE: Is that acceptable? MR. KLA TZKOW: Sure. COMMISSIONER COYLE: Does that make sense to you? MR. KLATZKOW: Yeah, that's fine. COMMISSIONER COYLE: And that's all I have. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Coletta? COMMISSIONER FIALA: Yes, thank you. I had one statement and one question. The question is, if there -- required is a strong word. If they choose to house them, however, they're not then eligible for impact fee deferral; is that correct? I just want to put that on the record. MR. KLATZKOW: They'd be in breach then. This is when they've already received their funding or their deferral. So after the fact, they've received their deferral, some time passes. If there's a new federal mandate that requires them to service everybody, they would not be in breach of this agreement for their land; however, if they chose to do so on their own, then they would. COMMISSIONER FIALA: Okay. And my statement was, I think that the reason we have -- we're trying to put some stringent laws in place is, the more that we reach out and help illegals and the more we give them, the more we're going to attract. And I read in the newspaper recently that we attract more than any other county other than Miami-Dade in the State of Florida, and that's because we keep reaching out to them. And so we have to be -- we have to put some Page 115 May 13,2008 strict limitations in here; otherwise, it's going to cost our taxpayers an awful lot to support that community. COMMISSIONER COYLE: It already is costing them an awful lot. COMMISSIONER FIALA: Yes, it is. CHAIRMAN HENNING: Commission Coletta? COMMISSIONER COLETTA: Yeah. Now, listen, I want my fellow commissioners to understand something. I'm opposed to illegal immigrants. I think they should be controlled at border; however, with that said, my concern goes a lot deeper. We have some organizations that, on the periphery, service a very small number of illegal aliens and they have to do it as part of their charter or laws of federal or state government. Such organizations as Fun Time in Naples. Can we be assured that every single person going through there is a legal alien? No, we can't. They're going to make a good faith effort to try to keep it right, they're going to check the documentation to the limits of their ability; however, if at some point in time they do find that some of the documentation is false or something, whose fault is it? Is it theirs or the person that gave it to them? So I mean, there's some issues that come into play here. I think if you would check, probably our subcontractors we have with the county -- we've got a strong ordinance, and rightly so, that you will hire only legal aliens or citizens of the United States if you're going to do work for the county. Good ordinance. How do we know that these people are really doing it? And most likely, I bet you there's violations there along the way. So we get down to, what's a good-faith effort? Rather than just h~ve it where it has to be blind, one end to the other, I'd like us to be able to open our minds a little bit and be able to say, okay, a good-faith effort -- and give everybody the chance to be able to come before this commission and see what they have to do. Page 116 May 13, 2008 If they're servicing illegal aliens right across the board, so be it. Why deal with them? But if they're not, let's go ahead and take a look at it and make those decisions based upon what's happening at that point in time. What are you going to do when the Abused Women's Shelter comes forward and they tell you that maybe 1, 2 percent of their clientele is illegal aliens, and they're actually prohibited by law from discriminating against them. Are you going to make the other 98 percent of their clientele suffer because of it? Now, this is a concern I've got. Now, if somebody can tell me how we can get around this, I'm there with you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. What law requires Fun Time Nursery to provide service to illegal aliens? COMMISSIONER COLETTA: When they were here before us, they stated that they go through the documentation for everyone that's there. We put that particular burden on them to be able to do it. They don't have to provide it, but how do they know that everyone that they're servicing is a legal alien? How do you know that the children didn't come over illegally and maybe that one member of the family that's taking them there is the legal person? There's a lot of issues here other than just a blanket thing. What we're going to do is we're going to drive away the nonprofits from ever taking consideration of this particular adventure. And the whole reason for this particular deferral, or waiver at one time, deferral now, was to help the nonprofits grow their infrastructure to be able to meet the need that's out there. So -- but I just want to be able to come up with a way that we can take care of our citizens and the legal aliens without causing a hardship upon everybody that we represent. That's my concern. In other words, we're throwing out the baby with the bath water on this one. COMMISSIONER COYLE: But wait a minute. These organizations exist now. They have been providing an excellent Page 117 May 13,2008 service to the community all along. Are you suggesting that because we require them to use the money that we provide as a waiver of impact fees that they're suddenly going to cease to exist and they're going to collapse? COMMISSIONER COLETTA: No, not at all. And, Commissioner Coyle, you bring up a good point, but I also remind you that when it comes to commissions, that I have an outreach to nonprofits, we rank down there at the very end of the list, and that's decisions that we've made over the years that's the way we go with it. Do I think that we would be a total deterrent to them? No. But I don't think we should be an obstacle for them to be able to achieve and serve the public good. They're doing things that, in a lot of cases, government does. They're providing food, clothing, shelter, medical needs, to indigent people. There's got to be a way to be able to do it so that we can find a medium ground so that we can service our citizens and the legal aliens and be able to exclude the nonlegal aliens. And I don't know how to do that, but I'm just concerned about the vast majority of the people that they service to fall within that criteria that we say we want them to service. COMMISSIONER COYLE: Well, I guess, you know, my concern is with the legal residents of the United States. COMMISSIONER COLETTA: Same here, Commissioner Coyle. COMMISSIONER COYLE: Okay. And I'm sure you do share that concern. And if we permit the taxes that are paid by our citizens to be used to pay for services for people who are here illegally, we are not performing our responsibility vis-a-vis our citizens. I don't know of a single citizen, at least I haven't come to -- I've not talked with one who says, yes, please, I want to use some of my money, some of my tax money, to support illegal aliens in Collier County. I haven't Page 118 May 13,2008 encountered any person who wants to do that, and I think we have a legal obligation. These organizations have a moral obligation. If they're going to take our money, they have a moral obligation to make sure that our taxpayer money does not go to support an illegal alien population. There are organizations in Collier County that promote the support of illegal aliens. Okay? They encourage illegal immigration, and they nurture and provide for those people who are here illegally. Those people exist in Collier County. Those organizations exist in Collier County. And I would suggest if they take that position they fund themselves, not with the tax money that we allocate. So that's my concern. If they feel they have a moral obligation to do that, then that's their decision to make within the framework of federal laws and their funding resources. But when they come to Collier County Government to ask for funding assistance, I think we've got to be careful that we don't provide our taxpayers' money to support an illegal alien community. And Commissioner Fiala's absolutely right, it is probably the payments and incentives that we provide that encourages illegal immigration more than any other thing. COMMISSIONER COLETTA: You're missing my point, sir. And if! may, you're absolutely correct. If you want to be able to be opposed to illegal immigration, who's going to be opposed to -- I mean, in favor of illegal immigration. Possibly some of the growers that are less scrupulous or maybe organizations out there that have used this as their basis for existence. And, you know, that's their choice. And should we fund them? Absolutely not. But how do we make provisions to be able to care for our citizens and everything in this matrix? How do we take care of the Abused Women's Shelter, the Fun Time Nursery? What kind of language can we come up with that will give some assurance that Page 119 May 13, 2008 those that are within that framework of what we all agree that they should be, that they'll be able to go forward. And if they have an incidental, what do you want to call it, taking of an illegal alien in their midst where they end up in there, that it would be something that we could accept. It was like 1 percent or some small number, and they're making every effort to try to hold the line on it. There's got to be some way to be able to provide for the rest of our citizens. I'm just worried about the infrastructure that won't be there in the future. And we've been -- and have not been the most user-friendly government for business for nonprofits, and this would be a way to be able to do it. And I'm asking you, how do we do it? I don't know. Rather than just say -- put the ax down and say, this is the end of the whole thing, we're not going to be able to deal with it -- I can't think of an organization that -- if you really wanted to dissect this and to look at it really hard, I don't think there's an organization, the way this is worded now, that would be able to qualify. I don't know. I just don't see it. COMMISSIONER COYLE: Just briefly though. I think there are two points that need to be recognized. One, if we did nothing with this program, none of those organizations would suffer. Ifwe gave them no money and no waivers at all of impact fees, these organizations would not suffer. They would not cease to exist. They -- Fun Time Nursery has been doing a good job for years and years and years with limited support. So has the abuse -- the Shelter for Abused Women. They do a wonderful job. We are very fortunate to live in a community where there are people who contribute to charities. It's -- just wonderful people here who do that. If we did nothing, these organizations would continue to exist. Admittedly, a waiver to an impact fee will help someone, but it will not cause them to cease existence. They will still be able to do their work. Page 120 May 13,2008 The other thing is that what we're requiring is that they essentially retain proof that the people they're helping have -- or are in this country legally. That's not too much to ask anybody. We ask our employers to do it, we ask our Supervisor of Elections to do that. We ask almost all the governmental agencies to do that. You don't get a driver's license in Collier County unless you can prove you're entitled to it when you're living here legally. So I don't see the problem. If someone goes into this -- one of these organizations and they're served by this organization, the organization gathers information which demonstrates that they are here legally. Ifit turns out that that document is forged, in my opinion, we don't punish the organization. They did their job. They got information that says, this person is, in fact, legal. COMMISSIONER COLETTA: That's called good-faith effort. COMMISSIONER COYLE: Well, no, it's tighter than that. It's -- you have to have documentation, acceptable document on file, just like the Supervisor of Elections requires acceptable documentation to register to vote and get a voter's card. So if these people do what they're supposed to do and they're being asked to do, they're not going to have any problem. COMMISSIONER COLETTA: Why don't we -- we'll go to the speakers in a little bit. I don't want to drag this out forever. I appreciate the indulgence of this commission in listening to me. I am concerned that we do very little. And you're right, we are very fortunate that we live in Collier County where we've got such a giving number of people; however, on the other side, you know, it would be great if the commission would extend a helping hand in some ways to be less obstruction as to the effort that they're doing. In any -- CHAIRMAN HENNING: Can I make a suggestion? COMMISSIONER COLETTA: -- case, I don't want to drag it out. Thank you for your time. CHAIRMAN HENNING: Can I make a suggestion? Page 121 May 13,2008 COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: If you don't like the ordinance, why don't you make a motion with changes and let's see if you get a second. COMMISSIONER COLETTA: I'll be honest with you, I don't see getting a second. I would rather see if there's some middle grounds that one of my other commissioners might embrace, and .1 haven't seen that. CHAIRMAN HENNING: All right. COMMISSIONER COLETT A: We might want to go to the speakers. I just don't want to drag it out. I'm not here to make life miserable for everybody on this board. CHAIRMAN HENNING: Ms. Filson? MS. FILSON: Mr. Chairman, I have two speakers. Marci Sanders. She'll be followed by Peter Manion. MS. SANDERS: Thank you very much. I'm Marci Sanders, and I'm director of operations for the Shelter for Abused Women and Children. We currently have four houses under construction. They're affordable housing. They will be used for our women as they leave the shelter and as they go into a transition period so they can return to full society as productive members. We have applied for a deferral on our impact fees. The impact fees are about $68,000. According to this new statute, we would not be considered. We would not qualify because we are mandated by law, both federal and state, to serve all victims of domestic violence regardless of their citizenship or their immigration status. COMMISSIONER FIALA: Oh, then you would be eligible because it says required. MS. SANDERS: No. It says new state or federal, and the way I understand it, that new word was put in there specifically so that anyone who is currently mandated would not qualify. It was only if a new statute or a new mandate came down the road that you would Page 122 May 13, 2008 qualify. Am I incorrect in that? MR. KLATZKOW: No, you're not. That's correct. COMMISSIONER COLETTA: We could make an exception for you. CHAIRMAN HENNING: Wait a minute. Ifwe can get through her presentation, what she has to say, and if there's questions by the board, it would be fair to the speaker. MS. SANDERS: Thank you. CHAIRMAN HENNING: Please. MS. SANDERS: According to the way this is written now, we would not qualify for a deferral. Now, you've already taken away the water and sewer part for the deferral, so now we're probably down to, I don't know, maybe a $30,000 deferral. Yes, that's not a lot of money and, yes, that's not going to change the way we operate because we believe strongly in the way we operate. I think it's much more, as Commissioner Coletta states, it's an indication that the county supports your nonprofits who are doing services that in other counties are supported by the county, in all other counties in this state other than this county. They receive county support, and some of them are actually run by the counties, as they are in Miami. I'm speaking just for the shelter. I know there are other nonprofits here who feel the same way that I do. It is not a lot of money. It's $200,000 a year total, and I'm sure in all the debates and all the committees and all the staff you've had working on this for the past months, you've probably spent more than $200,000 now. So we're not talking a lot of money. [agree it is an indication of how you feel about the nonprofits in your community. And I just want you to keep in mind that if you pass it this way, you are saying to the shelter, who's been here since 1986 and an exceptional member of the community, that we do not qualify for a little bit of money from the county, that we are not doing what we need to do when, in fact, we Page 123 May 13, 2008 are doing exactly what we need to do. CHAIRMAN HENNING: Now, if you don't mind, if you would stay up there, I'm sure some of the commissioners have questions or comment. Commissioner Coletta, then Commissioner Coyle. Thank you. COMMISSIONER COLETTA: Me first, right? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: Okay, thank you. Well, listen, there's got to be some middle grounds, and I'd be willing to listen to a motion that would approve what we have before us and make an exception for the Abused Women's Shelter and Fun Time Nursery. That's pretty simple. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Okay. I'm very sorry. I just got a telephone call message and it was being whispered in my ear. Would you please go over with me once more the federal regulations that require you to provide services to people who are not living here legally. MS. SANDERS: Yes. It is the Violence Against Women's Act, VAWA, V-A-W-A. It's a federal law. It was passed a number of years ago, and it requires -- I can read from the law, if you like. It states, federal law prohibits service providers from discriminating on the basis of national origin and requires them to provide services without regard to immigration status when necessary to protect the life and safety of a victim of domestic violence. And in the State of Florida, victims of domestic violence are considered victims of crime, and the state law reads that victims of crime must have access to the courts, to police protection, and to all other services, regardless of their immigration status. So those are the two laws that I'm referring to. COMMISSIONER COYLE: Okay. Now, do you do anything about notifying immigration service about the illegal immigrants that Page 124 May 13, 2008 you are providing support for? MS. SANDERS: No, we do not, and we do not because it states, nonprofit charitable organizations have no legal obligation to inquire about the immigration status of persons who seek their services, nor do they have a legal obligation to report this information to the Immigration and Naturalization Services. COMMISSIONER COYLE: Okay. And I would -- I strongly agree with the intent of that language, and as long as you spend your own private money doing that, I think it's a wonderful thing to do. I would not support providing any government funds for those purposes. MS. SANDERS: We do receive federal funds and state funds. COMMISSIONER COYLE: That's fine, and I hope you continue to get them. But I would not -- and let me be more specific about this. This is a federal unfunded mandate on Collier County that I am unwilling to accept. If our federal government cannot perform its duties with respect to protecting our borders and enforcing our immigration laws, I am not inclined to spend local taxpayer money to cover up for that deficiency. And while I think you do a wonderful job and I hope you continue doing it for all of the people you serve, I would hope that you can do it without funding from Collier County Government. MS. SANDERS: How do you justify the county money being spent on schools and county health services for non -- COMMISSIONER COYLE: I do not approve any money for Collier County schools, and if I had the authority to do so, I would cut out the $45 million that is spent every year to teach children who do not speak English. I would not fund that if I had the authority to do so. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COYLE: One of the requirements of being a citizen of this nation is that you speak English. Page 125 May 13, 2008 COMMISSIONER COLETTA: Thank you for being here today. If I may -- I'm sorry. Did I jump in front of someone? CHAIRMAN HENNING: No. I think Commissioner Coyle is complete. Thank you. COMMISSIONER COYLE: I'm complete. COMMISSIONER COLETTA: I take it that there's no way that you would even have the slightest idea of what percentage of your clientele would be considered illegal aliens. MS. SANDERS: No, I don't. We don't ask that question, number one. COMMISSIONER COLETTA: Okay. MS. SANDERS: And number two, even if! did, I cannot disclose any information about our clients since it is all confidential by state statute, and I cannot disclose any kind of identifying information about our clients. I can say that this will hurt documented citizens more than it will hurt undocumented citizens. COMMISSIONER COLETTA: That's what I was trying to get to. That was the question I had. MS. SANDERS: Yes. COMMISSIONER COLETTA: But if you don't know what statistics you've got, it's kind of hard to -- MS. SANDERS: I can tell you that people are not coming into this country to seek our services or to become victims of domestic violence. COMMISSIONER COLETTA: Okay. If you couldn't provide the service to these people that are suffering from domestic violence, who would provide that service? MS. SANDERS: Ifwe did not? COMMISSIONER COLETTA: Yes. If you couldn't, what agency would be able to provide it? MS. SANDERS: The Sheriffs Department would have to decide what to do with them. I don't know where they would take them. Page 126 May 13,2008 They would take them somewhere out of this county. CHAIRMAN HENNING: Okay. Should we go to the next speaker? MS. SANDERS: Thank you. MS. FILSON: The next speaker is Peter Manion. COMMISSIONER COLETTA: May I make a comment while he's on the way up? CHAIRMAN HENNING: Um-- COMMISSIONER COLETTA: I'll wait. MR. MANION: Good afternoon, Chairman Henning, Commissioners. My name is Peter Manion. I serve as co-chair of Fun Time Early Childhood Academy in River Park. Relative to the mandate on serving illegal or not legal, that does not apply to us. We have no federal mandate to do that. So as we indicated when we came before this board last year, we go through every effort to determine the legality of our children. Of course, I would say 100 percent of them were born in the United States which makes them legal whether they -- how they got here is not the case. But we make certainly a good-faith effort to ensure that they are legal. But the -- what I wanted to express this afternoon is the importance of this whole program to us. On September 21 st -- 25th last year, the board approved our request for deferral of impact fees for our new building project, and in November you approved a CDBG block grant request to help fund the site work of our program. And as we speak, we're pushing dirt at our site. The cumulative value of these two programs amounted to $329,000, an amount that was matched by the NCF or the wine festival, which gave us a tremendous boost on our whole program to get this well-needed facility up and running. It allowed us to move forward with our construction to this desperately needed facility which has served underprivileged children for the last 45 years in our community. Page 127 May 13,2008 On behalf of the board staff, and most of all our children, I want to thank you for that action, and I would also like to express our interest in your approval of this -- of this program as it continues to allow the other communities or the other charities in our community to take advantage of serving children and serving our community. Thank you very much. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Mr. Manion, just a question. And I can appreciate the fact that the children are all documented legal, as far as you know they are. MR. MANION: As far as we know. COMMISSIONER COLETTA: Yeah. And I mean, it's a good-faith effort, and I appreciate that. MR. MANION: Thank you, sir. COMMISSIONER COLETTA: However, with that said, the parents of these children, are they also documented? MR. MANION: That's something that we really don't know because we don't serve the parents. COMMISSIONER COLETTA: And that's fine. And I don't want you to do it. And believe me, I'll always support your organization, any way we can come up with -- if there's ever going to be funds available through this commission and your organization comes forward, if those funds are available, I'll support it. MR. MANION: Yes, sir. COMMISSIONER COLETTA: However, I'm trying to make a point. In order for the parents to be able to do whatever they're doing out there, work or whatever, they have to find a place to be able to put their children. So indirectly, this would be also supporting the illegal effort if you wanted to go by some people's definitions. And I don't mean to put you in a pickle, because I'm going to support you from one end to the other. At the end of the day, if we have to write it into this Page 128 May 13, 2008 ordinance that the Abused Women's Shelter and the Fun Time Nursery be exempt, then I'd like to see that, but we haven't got to that point yet. . MR. MANION: Well, to the extent of the approval, I hope we are by that because we were approved last year. And, of course, we move forward on the basis of having those funds. COMMISSIONER COLETTA: As far as I'm concerned you are. MR. MANION: Okay. Because I didn't want to open that issue up by coming before you today. I just wanted to indicate the importance to Fun Time of the actions that were taken by this board. But relative to your question, it's something that we really don't look at because they are not -- the children -- or they're not the people that we serve. We serve the children. And so we've got enough problems with recordkeepingjust to keep track of the children, and we do verify social security numbers. They have to be registered, and that's what we use as our basis. COMMISSIONER COLETTA: I'd like to make a motion. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Was that all the speakers? COMMISSIONER COLETTA: I'm sorry. I thought you had just two speakers. MS. FILSON: I did, sir. She's your final speaker. CHAIRMAN HENNlNG: We had two speakers. Did you want to make a motion? COMMISSIONER COLETTA: Yes, sir, I do. MR. MANION: Thank you. CHAIRMAN HENNING: Okay. Please do. COMMISSIONER COLETTA: I'd like to make a motion for approval of this ordinance as written but with the insertion of the fact that the exception will be made for the Abused Women's Shelter and Fun Time Nursery. COMMISSIONER FIALA: Okay. I'll second the motion. CHAIRMAN HENNING: There's a motion and a second on the Page 129 May 13, 2008 floor. Mr. Klatzkow? MR. KLA TZKOW: What I will say is that if you start creating certain exceptions to this ordinance for certain entities, you are subjecting this ordinance to an attack that it's unconstitutional for equal protection grounds. COMMISSIONER FIALA: Okay. Pull my second. CHAIRMAN HENNING: Okay. The motion dies for lack of second. Any further discussion, Commissioner? COMMISSIONER FIALA: Yes. We hear so often about the county not supporting non- for-profits. We hear that all the time, not only from the not-for-profits, but from their volunteers over and over again, and that's something that was done back in the '90s. We've stuck with it. But I think if we hear it enough, maybe they would like to go to the citizens and get a petition form to put it on a referendum and see if the Collier County citizens would like to support the not-for-profits with a tax, maybe a half-a-mill tax or quarter-mill tax or something. I mean, as long as everybody's saying that that's what the community wants, let the community say, yes, we want to tax ourselves to do it, then they have a funding source that goes in there all the time. CHAIRMAN HENNING: That's a great statement, and I agree with it. But what would you like to do with this resolution? Is there a motion? COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Motion to approve the resolution by Commissioner Fiala. Second by -- COMMISSIONER COYLE: As it is currently written? COMMISSIONER FIALA: Yes, sir. COMMISSIONER COYLE: I'll second it. MR. MUDD: You modified it. Page 130 May 13,2008 COMMISSIONER COYLE: I just modified that one sentence. MR. MUDD: Yeah, one sentence on page 3 of3. COMMISSIONER COYLE: Didn't change the intent of anything. It just -- MR. KLATZKOW: It's a motion to approve the ordinance with Commissioner Coyle's changes. COMMISSIONER FIALA: Okay. I want to approve the ordinance with Commissioner Coyle's changes and approved by the county attorney. CHAIRMAN HENNING: Okay. We have a motion and a second on the floor. Discussion on the motion? Well, go ahead, Commissioner. This is your item. COMMISSIONER COLETTA: You're right, it is, and I appreciate it, but I don't want to take ownership of it, because really it isn't my item, not the way it's written. I just thank you for bearing with me and giving me a fair chance to talk today and to listening to the speakers. CHAIRMAN HENNING: Any further 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. CHAIRMAN HENNING: Any opposed? COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: Motion carries, 4-1. Now we're going to go to the public hearings section, and it will be 8B. Page 131 May 13,2008 Item #8B ORDIANANCE 2008-24: 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 OF GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH & KOESTER, P.A., REQUEST A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) FOR THE VANDERBILT TRUST 1989 PUD, TO ALLOW DEVELOPMENT OF A MAXIMUM OF 200 ASSISTED LIVING, CONTINUING CARE RETIREMENT COMMUNITY, NURSING HOME, RETIREMENT COMMUNITY AND/OR INDEPENDENT LIVING FACILITY UNITS FOR PERSONS OVER THE AGE OF 55, TO BE DEVELOPED AT A 0.6 FLOOR AREA RATIO. THE SUBJECT 7.8 ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF V ANDERBIL T BEACH ROAD (CR 862), . APPROXIMATELY 1/4 MILE EAST OF LIVINGSTON ROAD (CR 881) IN SECTION 31, TOWNSHIP 48 SOUTH, AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS & CCPC RECOMMENDATIONS MR. MUDD: This item was continued from the April 8, 2008 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-A-2007-AR-II723, Amy Turner and/or Tammy Turner, Kipp, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates P.A., and Richard D. Yovanovich of Goodlette, Coleman & Johnson, Yovanovich & Koester P.A., requests a rezone from planned unit development to community facility planned unit Page 132 May 13,2008 development for the Vanderbilt Trust 1989 PUD to allow development of a maximum of 200 assisted living, continuing care, retirement community, nursing home, retirement community, and/or independent living facility units for persons over the age of 55. To be developed at a .6 floor area ratio. The subject 7.8-acre property is located on the north side of Vanderbilt Beach Road, County Road 862, approximately a quarter-mile east of Uvingston Road, which is County Road 881, in Section 31, Township 48 south, and Range 26 east, Collier County, Florida. CHAIRMAN HENNING: All wishing to participate at this time, please rise to be sworn in by the court reporter. Kathleen, do you want to stand, please. (The speakers were duly sworn and responded in the affirmative.) CHAIRMAN HENNING: Ex parte communication. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Sorry I wasn't quite ready. Give me just a second. CHAIRMAN HENNING: You want to go to Commissioner Coyle and we'll work this way? COMMISSIONER COLETTA: Yes, would you please. I'd appreciate it. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yes, Mr. Chairman. I do have ex parte communications. I have met with the petitioner and petitioner's agents on two occasions. I have also received correspondence, emails, and telephone calls, and the information is contained in my public folder that is available for inspection by anyone who wishes to see it. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I had meetings, emails, and calls, and I also met with the petitioner on this particular item just a couple of days ago and other people that were associated with this Page 133 May 13,2008 project. CHAIRMAN HENNING: Thank you. I spoke to the owner and also several residents or constituents in Village Walk. That's it. Commissioner? COMMISSIONER FIALA: I've had meetings, correspondence, emails, calls, and I've met with just about everybody that was standing in this front area here, and I've spoken with staff. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Meetings, correspondence, and emails, and just like Commissioner Fiala, met with just about everybody you see there, and staff. CHAIRMAN HENNING: Okay. Mr. Yovanovich, before you get started, Commissioners, Paul Ferrer (phonetic) sent you an email stating that the Village Walk Homeowners Association is really appreciative of the owners, Mr. Y ovanovich, for including the residents in the design of this and, in fact, they changed it. And not only were they pleased with the other one, they are elated with the new changes. So if there's no objection, I'd like to make a motion to approve. COMMISSIONER FIALA: I'll second the motion. COMMISSIONER COYLE: Could we -- CHAIRMAN HENNING: Commissioner? COMMISSIONER COYLE: -- at least listen to a brief statement by the commissioner before you do that? COMMISSIONER FIALA: Do we have to? Sorry. Just being silly. Excuse me. CHAIRMAN HENNING: Then Commissioner Halas. COMMISSIONER COYLE: Or would you just like me to make MR. YOV ANOVICH: No, I'll go ahead, if you want me to. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think that the motion ought to be Page 134 May 13, 2008 that -- along where the recommendations by the Collier County Planning Commission also -- CHAIRMAN HENNING: Yeah, and I-- COMMISSIONER HALAS: -- in the motion. And I think if you're going to make a motion, I think that should be all included. CHAIRMAN HENNING: Well, it doesn't have to be, Commissioner. It is my motion. But I agree. I don't think the owner has any problems with the stipulations by the Planning Commission? MR. YOV ANOVICH: There are a couple of things that I just need to clarify for the record, so that will cut down on my time real quickly, if! can. One, when we met with Commissioner Coyle, he asked us how many parking spaces we had on site and how many units that would accommodate. His concern was, we were showing him a footprint and a site plan, and wanted us to commit to what that footprint and site plan would accommodate regarding number of units without having to change the lot coverage. We have 188 parking spaces on site. That would accommodate up to 175 independent living units versus the 200 that we're requesting. We would have to modify the site plan to actually get to the 200. So we committed since -- that we would limit our request to 175 independent living units. It would be 200 assisted because the parking requirements are less for assisted living. So I wanted to clarify that on the record. So we would be down to 175 independent living units. We also -- and we've gone to -- COMMISSIONER FIALA: How many parking spaces? MR. YOV ANOVICH: We have 188 on site, which we need 13 for the clubhouse and the other -- and we need one per unit for the independent. So it would not allow more than 175 independent living units. We also met with the representatives ofWCI, and they requested Page 135 May 13,2008 that we provide some additional landscaping along their -- as you look on the visualizer, you'll see here's WCI's golf course. They wanted some additional plantings along this boundary right here, so we've come up with some language that addresses their concerns, and we've run it by your staff, and basically we're going to plant an additional 15 trees, and that's what that language says. And we just need to clarify that we, the developer, will plant those trees, and we'll do that prior to the CO of that building. We'd plant them sooner, but they want them up close to the building, so you can't plant them before the building is actually completed. There was also -- we have dining facilities, and there was a question of whether or not we could serve alcohol with the meals. We wanted to clarify in the PUD that, yes, we could serve alcohol with the meals, and I don't think that was an issue for anybody. So we would make one other change to the permitted uses section, and we would basically add after resident dining, we'd put in parentheses, including private restaurant/lounge and/or cafeteria, and under the code, that that makes that clear that we could serve alcohol with the meals. Previously we just had resident dining, so there was some ambiguity there. So we've run that by your staff. We also agreed, instead of four stories over parking, to reduce it to three stories over parking, so we would make that change to the table. And then finally, as your staff report indicated, there's a question of how you really classify these units. Are they residential or are they commercial? To be safe, we would need to request a deviation for constructing a wall on our north and east boundary because those could be considered residential uses adjacent to commercial. So we've shown everybody all along that there was not a wall along the golf course or along -- or along the eastern boundary. As you can see on the eastern boundary, that's where we have all of our preserve. So we would need to add a deviation into the PUD= Page 136 May 13, 2008 document for the wall. But that's already been addressed in your executive summary. With those clarifications -- I think I got them all, right? Those are the clarifications we just needed to get on the record. And with that, hopefully we can move on with -- CHAIRMAN HENNING: Right. Let me go back to Commissioner Halas. COMMISSIONER HALAS: Yeah. Was the wall also brought up with the -- at Planning Commission, the deviation of the wall? MR. YOV ANOVICH: I'm sorry? COMMISSIONER HALAS: Was the wall brought up as a deviation to the Planning Commission? MR. YOV ANOVICH: We had explained to the Planning Commission what the landscape buffer was, and we never -- and we showed there was never a wall in it. It was after the Planning Commission that the question became, are we a residential use or are we -- or are we a commercial use? And as you'll recall, we've been treated as residential internally because staff said we had to get a deviation from our, quote, commercial use, which was the clubhouse. So for our own clubhouse we were treated as residential, the buildings, but externally they are saying, well, maybe we're commercial. And I could see that for a nursing home or an assisted living facility. But for an independent living facility, I think that's closer to residential. COMMISSIONER HALAS: What was discussed at the Planning Commission? MR. YOV ANOVICH: We discussed there would be no wall within the buffer -- COMMISSIONER HALAS: And they went along with this? MR. YOV ANOVICH: Yes, yes. COMMISSIONER HALAS: They did go along with it? MR. YOV ANOVICH: Yes. The landscape buffer's never had a Page 137 May 13, 2008 wall in it, and that's part of the submittal. MR. KLATZKOW: Rich, you told the Planning Commissioner there would be no wall? MR. YOV ANOVICH: Yes, our buffer exhibit. MR. KLATZKOW: No, no. But you told the Planning Commission there was going to be a deviation; there would be no wall? MR. YOV ANOVICH: We didn't know we needed a deviation because we always considered ourselves residential to residential. It came up after the Planning Commission, on March 7th. We had the Planning Commission on March 6th. MR. KLATZKOW: So you didn't tell the Planning Commission that you weren't going to put up a wall? MR. YOV ANOVICH: We described to them the buffer and that it did not include a wall. We didn't say, that's a deviation from the code. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, a couple things. One of them -- and we talked about this in my -- in my office the other day about 60 feet height, and the one corner that's sticking out closest to the neighbors, and I just wanted to put on the record that we discussed, I didn't want those people on that end looking down into the bedrooms of the people on the other side, but then I was told that the windows would be on the side of the building, not on the back looking into people's homes. MR. YOV ANOVICH: Correct. COMMISSIONER FIALA: And so I wanted to put that on the record. Also, one of the things that concerned me at the time was the distance, the setback from the front. It says 50 feet here, and I said, 62 feet, 50 feet from the road is just way too tall, but you said that it was going to be more than a 100 feet from the road; is that correct? MR. YOV ANOVICH: Yeah. If you look at the exhibit that's Page 138 May 13, 2008 part ofthe PUD master plan, that's about 100 feet. COMMISSIONER FIALA: Okay, fine. I just want to put that on the record. But what we didn't discuss was how many parking spaces. And when you just said there's 188 parking spaces and that includes for everything else besides just the living quarters and there's 175 dwelling units and they're independent living dwelling units, that's all you have is 188 spots in the whole place? MR. YOV ANOVICH: Your code requirement is one parking space per dwelling unit. That's -- we're not asking for a deviation from your code for the units. That's -- we're sticking with the one per code. The deviation really applies to the clubhouse. COMMISSIONER FIALA: And the one per unit is because it's considered independent living versus -- if it was a condominium you'd have one and a half. MR. YOV ANOVICH: Right. The real-world experience that independent living facilities have is that there's usually. 7 cars per unit. So the difference really serves for your staff and visitor parking. These are independent units. They're not your typical condominium. They're people who you -- a lot don't have cars at all. So the average is seven-tenths of a car. COMMISSIONER FIALA: Is that in an assisted living -- MR. YOV ANOVICH: No, independent. COMMISSIONER FIALA: -- that they don't have cars? MR. YOV ANOVICH: That's in independent. COMMISSIONER FIALA: Independent-- MR. YOV ANOVICH: Assisted is even less. Assisted is -- your code requires -- COMMISSIONER FIALA: What you said, they don't have cars. Is that in assisted living facility where they don't have cars or independent living? MR. YOV ANOVICH: No, no. In independent you have some that don't have cars, and that's why you have less than one car per unit Page 139 May 13, 2008 typically utilizing the unit. And your code even has a lesser requirement for assisted living facilities. COMMISSIONER FIALA: Could I ask staff if that's been their experience with independent living? Because it looks like we're getting a lot of independent living facilities coming before us, and they -- sometimes I wonder if they're maybe disguised as something else. I hate to use that word, but that's what I'm going to use anyway, and really, they need more parking, because it serves the residents well to have enough parking for them. And I just -- and I'm sure that you're doing independent living here, but I'm just wondering if that's really enough parking for the 157 dwelling units. MR. YOV ANOVICH: And keep in mind we're required to have group transportation, and we arrange transportation for others to go to and from doctors' appointments like that. So the need for vehicles is greatly reduced when you're living in an independent facility versus your standard form of condominium. COMMISSIONER FIALA: Okay. Staff is going to just come up and tell me that as well. MS. ISTENES: Hi, good afternoon. Susan Istenes. I'm zoning director. I apologize. I was talking to Wayne trying to get some clarification. Let me just tell you what the code says with respect to the differences between independent, assisted, and nursing, and my understanding is this PUD could incorporate all of the above. The code requires, for independent living, one space per unit, for assisted living it's .75 spaces per units, and for nursing it's two spaces for every five beds. So in this case, Wayne tells me this is 100 percent independent, so the parking would be one space per unit per our code for independent living. My experience with similar projects is related to one that's now in the City of Naples but was, at the time of amendment, in Collier Page 140 May 13,2008 County, and my understanding is, they got a significant reduction in parking and ended up with some serious parking problems, but that's -- I don't have anything factual other than that, and that's basically what I was told. And they had quite a bit of staff and a lot of variety of uses on the site, and that ended up to be a parking problem. COMMISSIONER FIALA: Thank you very much. I was concerned with staff on site also to operate the facilities, whether it be doing the maintenance or the clubhouse or whatever, or the restaurants or whatever you have to man. Are there enough parking spaces for employees to come and go? MR. YOV ANOVICH: Is that for me or for Susan? COMMISSIONER FIALA: Well, Susan, do you feel that there are enough? MS. ISTENES: I don't -- I apologize. I haven't looked at the detail in this site plan other than to just get the numbers. And I know they have a clubhouse on there, and I assume that's where their on-site dining is going to be. So they are going to need some parking for staff there. They do also have a reduction, I believe, for your clubhouse, correct, 13 spaces versus 26, I believe, was required, more or less. So there's a reduction also for the clubhouse that they've asked for. So, yeah, that could -- that is a potential problem, I'll be honest with you. It's-- COMMISSIONER FIALA: Thank you. Thank you. CHAIRMAN HENNING: Rich, I have a question for you. If you wasn't going to build the units that people were going to live in, would you just build the clubhouse? MR. YOV ANOVICH: No. CHAIRMAN HENNING: No. My point is, what is the clubhouse there for? MR. YOV ANOVICH: Well, the clubhouse is to serve the residents, and we -- the reason for the reduction in that was really to address guests that came to the clubhouse, because every one of these Page 141 May 13,2008 units, as you can see, is near the clubhouse, so none of the residents are going to go downstairs, go into the parking garage, get in their car, and drive over to the clubhouse. So really those parking spaces are to serve whoever's coming to visit the residents in the clubhouse. So we believe -- and these -- the people who have the contract -- the property owner contract do this type of development. They're confident that the parking spaces they have will more than satisfy their residents, who -- they've got to keep people happy or else people won't rent the units, and have -- satisfy staff and people who are visiting them. So they're comfortable. CHAIRMAN HENNING: Right. And that's there for the grandson visiting to go down with grandma to have -- and that's what you're talking about, guests. MR. YOV ANOVICH: Right. CHAIRMAN HENNING: The only reason I'm bringing it up is, this whole thing, is it residential or is it commercial? And we have so many PUDs out there that have clubhouses, residential PUOs that have clubhouses. So really it is an accessory use to the use, which is assisted living. MR. YOV ANOVICH: Right. CHAIRMAN HENNING: So if staff needs a deviation for this wall, fine. In my mind it's an accessory use to the main use, which is where elderly people live. Commissioner Halas? COMMISSIONER HALAS: Yes. Rich, when we had this meeting, basically I thought you were in -- said that you agreed with everything that the Planning Commission came forward on. At no time did we ever talk about any deviation for a wall. I told you I would support this, and now all of a sudden we have this wall issue that comes in here, which I'm not sure if it was clarified clearly with the Planning Commission or if it wasn't. But I'm going to Page 142 May 13, 2008 turn to the county attorney and ask him his take on this clarification. MR. KLATZKOW: My problem is this: We run into problems with PUDs when we start making changes on the floor. You've got before you what the PUD is in this ordinance, and it was fully vetted before the Planning Commission. Their changes are incorporated in here. And if the board wants changes made, I think that's part of the process, and that's good. For a petitioner to come to the board after going through this entire process and neighborhood information meetings, EAC, the Planning Commission, and now start to ask for changes, that's when we start getting sloppy documents and that's where mistakes are made by staff because staff doesn't quite get what the board has been asking for, and we start running into problems here. I've got a problem when it's been fully vetted before the Planning Commission, then on the floor here we're making changes. CHAIRMAN HENNING: Let me ask you something, Mr. Klatzkow. MR. KLATZKOW: Yes. CHAIRMAN HENNING: Do you have a clubhouse at your development where you live? MR. KLATZKOW: Yes, I do, and it's a residential community. CHAIRMAN HENNING: Do you have a wall around it so it -- MR. KLATZKOW: No, we don't. CHAIRMAN HENNING: That's my point is, does this really need to -- you know, should we be doing this on the fly? I think so. In my opinion, it is not sloppiness. It is something that staff came up with after the Planning Commission; is that correct? MR. YOV ANOVICH: What happened was, quite candidly, if you walk into the unit, what do you see? You see bedrooms, a living room and a kitchen for people to sleep and live in, permanently, not on an interim basis like you would have in a hotel. We always believed that to be a residential use for purposes -- Page 143 May 13,2008 because it even uses the word dwelling unit when telling you how many parking spaces. What happened was, when the Site Development Plan was going through -- because this is a real project -- staff says -- and this is after the Planning Commission -- staff said, uh-oh, you may need a wall. And we said, well, we're a residential use for purposes -- you're telling me we have these residential buildings on site and a, quote, commercial use where we're having our dining facilities, so you're telling us we're a residential use for purposes of having to shield ourself from our own internal, quote, commercial use, but now we're a commercial use, the residential buildings, for purposes of our neighbors. If you feel we need a deviation, okay, let's just bring it up and clarify it at the Board of County Commissioners. We don't think we need a deviation but your staff now does think that. When we explained the landscape buffer to the Planning Commission, we explained that it was a vegetated buffer without a wall. So they knew that there was going to be no wall -- I don't know if that was correct grammatically. But they knew there was going to be no wall. So it's not on the fly that we're making this up. This came up through the simultaneous Site Development Plan review, and we're trying to make sure we don't have any issues so we can then go get our building permit and move along. We've been in this process for a while. Your staffs been great working with us. They brought up this issue and said, let's clarify it through the executive summary, and they're even recommending approval of that. So there's the question, are we or are we not? The simple answer is, if you all say that an independent living facility is essentially a residential use, then a deviation's not required. CHAIRMAN HENNING: Commissioner Coyle? Page 144 May 13, 2008 COMMISSIONER COYLE: You know, that's right. We need to resolve that because I'm surprised that we're not considering this a residential use, and I need to understand what the practice has been of staff in the past with similar developments. County Manager, can you shed some light on it? MR. MUDD: The only -- and I'll have Ms. Istenes come forward and ask that particular -- or answer that particular question. But there's a philosophical issue here, okay . You're basically saying they're assisted living facilities and they're independent living facilities and, therefore, you're giving them a parking space reduction, and then you're qualifying them as residential. And if you do, their parking requirements for residential are a whole lot higher than this assisted living facility. So you're mixing -- you're mixing them both in the thing. And the board can do that, but I just want to make sure that you understand, you're basically not classifying them as residential so that you're saying he can have one parking space per unit, okay, in this assisted living facility issue, and then you're saying he's residential and he doesn't need a wall. But ifhe was residential, then his parking requirements would be higher than one space per unit. And so -- I just want to make sure that you know. And Ms. Istenes, if you come forward and answer the commissioner's question. MS. ISTENES: Susan Istenes, for the record, again. I think what you asked is kind of what has been the past practice. And I will tell you the code is not entirely clear on this. Past practice has been to treat these as commercial type of uses. What I would ask that you do is if the board considers this -- in other words, I would ask you just simply to consider the wall waiver on its own merit and not get into a debate about residential versus commercial versus nonresidential versus ALF, because I can tell you the code just isn't clear, and we've historically tried to treat these as what I would call nonresidential developments. Page 145 May 13, 2008 Now, we don't get too many of these. We haven't had one in a while, and the wall requirement I believe is, well, fairly recent, so you may see some older ones out there that don't have walls because they were built before the wall requirement. We'd be happy to try to look at clarifying the code. The state law has been changing recently on these types of development to -- because I think what people are building more is more of like an aging in place type component rather than segregating out the various uses in independent ALF versus nursing home. So my recommendation would be, Commissioner, is that you just evaluate the request for deviation if you wish to at this time and either approve it or not, and rather than debate whether this is commercial or residential, because I think we aren't going to be able to offer much information more than what I've given you, and the code just -- because the code really isn't clear. COMMISSIONER COYLE: Let me ask you another question. If we were to elect to consider this residential, are you concerned that at some point in time it might be converted and thereby bypasses the parking requirements and create a substantial problem? MS. ISTENES: Well, it really can't be because you're only approving a use for independent, assisted, and nursing. So technically speaking, it can't be. But I'm not saying that they're -- and, again, we get back to, is this residential or commercial. There's very strong components of residential use here, and as well as commercial use. And on some of these larger ALFs where you have more ofa mix, like I think it's the Moorings, I think, on Goodlette -- is that on Goodlette -- you have quite a mix of uses there, and then you've got a church there, I believe, and all sorts of things. So the -- it's a very broad category. And in this case, you know, you might just say, look, this is -- this mostly has a residential. This is mostly of a residential nature, and a residential nature for this project is more compatible with your adjoining properties, which you've got a Page 146 May 13,2008 golf course and whatnot. So that's something to consider. COMMISSIONER COYLE: I think I tend to agree with you, it's best to separate those two issues, leave it the way it is as far as zoning is concerned and then deal with the wall separately. Okay, thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I'm having some concerns here where these PUDs are vented very thoroughly by the Planning Commission and then at the last minute it's brought before the Board of County Commissioners to try to circumvent concerns that I think the Planning Commission should have been well aware of and should have addressed those issues. I have some real concerns and I'm not going to support this. I'll tell you, when you come in here and start making changes to the PUD, I've got a real problem with that. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Could you show me where this wall is that we're talking about on that thing that's on here? Is it an internal wall or an outside wall? MR. YOV ANOVICH: Your staff treated these two buildings as residential buildings for purposes of this clubhouse, and we were theoretically supposed to have a wall between the clubhouse and the residential buildings. CHAIRMAN HENNING: Oh. MR. YOV ANOVICH: Okay? And staff -- so we had asked for a deviation because they considered this residential and this commercial. So we're going along through the process, okay, this is a residential building, this is a commercial building. We asked for the required deviation here, and staff said, that makes all the sense in the world to not have a deviation. We then go through the Planning Commission with the staff Page 147 May 13,2008 recommendation of approval. They start looking at the Site Development Plan and now they say, since this is now a commercial building -- it's no longer residential. It's a commercial building -- you need a wall here, which would be separated by an over 80-foot, in many places, buffer -- so why do you need a wall when you have an 80-foot buffer here -- and a golf course over here? So they're saying, you need the wall on the golf course, here and here -- and I'll show you the big aerial -- we would need a wall here to shield ourselves from a golf course and now over here a wall to shield ourselves from Fieldstone which is already shielded by a preserve -- by that preserve. And we didn't know it was even an issue because they treated these as residential for purposes of having to build a wall between our own internal commercial. So this was not something we didn't deliberately discuss. We're not trying to change anything. We didn't know it was even an issue. And when it came up at the Site Development Plan review, we said, okay, we'll ask for the deviation if staff believes we need one. That's why I'm saying, we think these are more residential because that's how they treated it for their own internal, quote, commercial. The code is not very clear. This is -- this is much more of a residential use than you would have in a skilled nursing facility. A skilled nursing facility is clearly institutional. An assisted living facility is kind of in between the two, you know. And an independent living facility is a very residential use. You don't have a very good category for it. You don't even have a good definition for it in your code. So it was not something that we didn't bring up. We just didn't know we needed to bring it up. CHAIRMAN HENNING: Can we go to public speakers? COMMISSIONER HALAS: I got one more question I got to ask him. Rich? Page 148 May 13,2008 MR. YOV ANOVICH: Sure. COMMISSIONER HALAS: We just met a couple of days ago. Why wasn't this brought up to me then? MR. YOV ANOVICH: I know I brought it up to a couple commISSIoners. COMMISSIONER HALAS: You didn't bring it up to me, Rich. MR. YOV ANOVICH: We said there was no wall between us and Fieldstone and the golf course, and the staff report clearly said at the end of it that we're -- the last thing in the executive summary is that staff believes we need a deviation for that wall. COMMISSIONER HALAS: I didn't read the staff report or the executive summary until after I met with you, sir. MR. YOV ANOVICH: And I didn't either because I didn't have it. So when I read it, I realized that we were actually asking for the deviation. I didn't know. CHAIRMAN HENNING: Do we have any public speakers? MS. FILSON: Yes, sir. We have one speaker. Kathleen Adams. MS. ADAMS: My name is Kathleen Adams. I'm vice-president of the Village Walk Homeowners Association. You've already seen the email from Paul Foyer which told you that our community supports this. CHAIRMAN HENNING: Kathleen, I'm sorry. MS. ADAMS: That's okay. CHAIRMAN HENNING: You'll have to wait because we lost a quorum. MS. ADAMS: No problem. COMMISSIONER COLETTA: Do you want to call a break? CHAIRMAN HENNING: Well, we're kind of early for a break. COMMISSIONER COLETTA: Just a thought. CHAIRMAN HENNING: Well, you know, you're probably right. Since two of the commissioners have to take a break, maybe others do. And it will only be proper. Page 149 May 13,2008 COMMISSIONER COLETTA: I'll go look for them. I'll be right back. CHAIRMAN HENNING: What do you say, you'll need 10 minutes or five minutes? COMMISSIONER COLETTA: Wait, I found Commissioner Coyle. COMMISSIONER FIALA: Oh, okay. We're back in. CHAIRMAN HENNING: I'm sorry. MS. ADAMS: No problem. I just would like to add that the Turners who own the land and are proposing the change with the purchase by Sandalwood Village, which is the proposed name for this community, had come to us and asked us what we would like to see over there. They have been very good neighbors. We're directly to the south of them across Vanderbilt Beach Road, so these will be our neighbors on the eight acres of property that's over there. And the proposed independent retirement community certainly fits in with the neighborhood. In fact, if it had been built at this point, some of our neighbors would not have recently moved up to Massachusetts. They would have moved over there instead because they could have been accommodated. So it fits very well into the neighborhood. Everyone has been very forthright and up front with us about what this was going to be, how it was going to look, and we believe that this is a wonderful addition to North Naples and we would certainly like to see Sandalwood Village built there. Thank you. CHAIRMAN HENNING: Okay. Any other-- MR. ARNOLD: I think you're going to have one more public speaker. CHAIRMAN HENNING: Well-- COMMISSIONER COYLE: He has to register before the item was brought up. CHAIRMAN HENNING: Yeah. We -- the item is -- it was Page 150 May 13,2008 heard, and we're setting precedence, and I don't want to continue that. MR. ARNOLD: Okay. If! might, I had one additional item to discuss on the buffer because th~re seems to be some confusion how much of that was discussed. For the record, I'm Wayne Arnold. One of the exhibits that's part ofthe PUD packet that you have is a buffer planting plan, and that's for our Vanderbilt Beach Road frontage as well as our eastern property boundary adjacent to the Fieldstone Village project that's inside Wilshire Lakes. And this doesn't address specifically the WCI golf course issue, but I think I can address that with you, too. This detail plan, the top elevation there depicts what this minimum 30-foot-wide buffer needs to be. It clearly depicts a hedge. It depicts no wall. That's been in our packet since, I think, the first submittal we made however many months ago that was. So that's been clearly part of the public record. That was evaluated by the Planning Commission and deemed to be acceptable. With regard to the northern buffer, as you've heard before, your code is very, very unclear when it comes to some of this. The landscape code provisions do not require a wall, but if you go to your fence code part of your Land Development Code, it says, for nonresidential projects abutting a residential project, you must have a masonry wall. So that's technically what we're asking for a deviation from. It's your fence code requirement. I can tell you Mr. Ernst, who was your late registrant to speak, who we've spoken with as the WCI employee, and the language that was inserted was predicated on them having a five-foot high hedge as a minimum with no wall, and the same goes with our eastern property boundary next to Wilshire Lakes, that that has to have opacity at a minimum five-feet height at the time that project is occupied. So I think the question really is singling out, is a wall really necessary for this project abutting the other? And I certainly respect Page 151 May 13, 2008 what Commissioner Halas is saying, that maybe this wasn't vetted so comprehensively at the Planning Commission hearing, but then again, I think that there's been no bait and switch here. I think it's clear that the one buffer that's adjacent to our residential neighbor was depicted showing a hedge. And I think with regard to the buffer on our northern boundary, it's really not adjacent to a residential tract. It's adjacent to a golf course. And I think you can clearly say in your own mind that it's not adjacent to residential. We've got a buffer in there that meets -- and is acceptable to WCI, our neighbor, and I think we have a buffer that is acceptable to our other neighbors. So I think the question really is, is a wall necessary or does a nice hedge satisfy? And we think the hedge is the appropriate -- appropriate treatment here, as did your staff in recommending support of the deviation. Hope that clarifies it. I think that's the facts as I see them, and hopefully you can agree with us that a wall just isn't a necessary part of this project. CHAIRMAN HENNING: And I don't know if we're trying to keep people out with the wall or keep people in, but the use of the clubhouse is mainly for the use of its residents. MR. ARNOLD: Correct. CHAIRMAN HENNING: And, you know, part of this, I think afterwards, that we need the -- we need clarification or cleaning up of the code. MR. ARNOLD: Uh-huh. CHAIRMAN HENNING: It is not -- nobody's going to get killed if we approve this. MR. ARNOLD: I agree with you. CHAIRMAN HENNING: And you have a preserve buffer between the two properties, these two residential properties. People are going to be living there. I understand some of staffs position Page 152 May 13,2008 because of the strictness of the code and being criticized by members of the board for their reading of it, and I understand some of the reluctancy to look at something a little bit outside of the box because of what we did. The thing is, I can't see we're harming anybody. I'm not going to ask this to be continued to go down to the Planning Commission. I think it was explained well enough and it does no harm, so my motion stands with the exception of the increased landscaping on the north side. There will be three stories over parking; is that correct? MR. ARNOLD: That's correct. CHAIRMAN HENNING: And out of just clarification, a deviation from a wall between the golf course and the residential to the east. MR. YOV ANOVICH: And also the clarification on the dining to allow alcohol to be served with meals. I think -- CHAIRMAN HENNING: Yeah, so they can enjoy their meals. MR. YOV ANOVICH: Oh. And most importantly, the number of unit reduction to 175 for independent. CHAIRMAN HENNING: I did write that down somewhere. For some reason it wasn't on the same page. That is a part of my motion. Is that a part of your second? COMMISSIONER FIALA. Yes CHAIRMAN HENNING: Any further discussion on the motion? MR. MUDD: Yes, sir. Staff has to put something on the record. MR. YOV ANOVICH: Oh, oh. I promised Nick one thing, too. Sorry, Nick. He wanted us to say that we would never ask for a sound wall to be constructed by the county as part of our project related to the Vanderbilt Beach Road project. Did I get it right? Okay. CHAIRMAN HENNING: I guess we could put that in the ordinance. MR. YOV ANOVICH: I wrote him a -- we wrote him a letter Page 153 May 13, 2008 saying that, but he wanted to make sure that that was clear on the record. MS. DESELEM: For the record, Kay Deselem, principal planner, zoning. I just wanted a clarification. I heard Commissioner Fiala say something about she was told there were not going to be any windows on one portion of one building. We don't have any commitment like that in the PUD. So if you want something like that, we need to make sure it gets added now. COMMISSIONER FIALA: Okay, fine. Yes, they told me that yesterday, so yes, I would like that added. MR. YOV ANOVICH: If! can, what -- what we told you was not that there weren't any windows, that the balconies were angled here and here and that there was a stairwell here. Remember, that does have a window in it. COMMISSIONER FIALA: Right. But I said no -- MR. YOV ANOVICH: But as far as the kitchens, there's no windows. I just want to make sure that we don't -- COMMISSIONER FIALA: Yes. MR. YOV ANOVICH: -- count a glass door as a window or anything like that. I just wanted to make sure what he said was on the record. COMMISSIONER FIALA: Yeah. There weren't any windows looking in other people's property, bedrooms, yeah. MR. YOV ANOVICH: Yes. COMMISSIONER FIALA: We've had that experience already. MS. DESELEM: Just so I understand, there's no windows permitted in individual living units, but you can have access doorways or windows? COMMISSIONER FIALA: Oh, yeah. You can have doorways. What they talked about was there were kitchens there, those things that are jutting out are kitchens, and they said, but there aren't any windows in those kitchens -- Page 154 May 13,2008 MR. YOV ANOVICH: Right. COMMISSIONER FIALA: -- and they said there's stairwells. Well, you have to have -- you know, you have to be able to see in stairwells. I just didn't want somebody for their amusement to be watching somebody else's bedrooms. MR. YOV ANOVICH: Yeah. MS. DESELEM: In the essence of caution-- COMMISSIONER FIALA: Go ahead. MS. DESELEM: -- I don't want to confuse the issue, but I want to make sure that that doesn't include, for example, sliding glass doors or something. To make sure, do you want no windows -- no window openings, no sliding glass doors, no balconies? We need to know when we review it exactly what it is that you want or you don't want so that we make sure that we get what the intent of the board's action was. COMMISSIONER FIALA: I was just trying to protect the pnvacy -- MS. DESELEM: Right. COMMISSIONER FIALA: -- of the people on the other side because the building is 60 feet tall, and the buildings on the other side that they're facing are not. MS. DESELEM: So there will be no windows --I'm sorry. CHAIRMAN HENNING: Hang on, Kay. Just -- we're going to clarify it for you. MS. DESELEM: Right, thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Building is not 60 feet tall? MR. YOV ANOVICH: I guess -- no, the zoned height is 50 feet. The actual height is 62. COMMISSIONER COYLE: That's to the peak of the roof, or to the midpoint of the roof? MR. YOV ANOVICH: Midpoint of the roofis the zoned height, Page 155 May 13,2008 and then the 62 feet is to the tippy top of whatever's on top of the roof. COMMISSIONER COYLE: Yes, that's right. It's 48 feet, seven and a half itches to the midpoint of the roof. There are no living units on the roof. MR. YOV ANOVICH: Right. COMMISSIONER COYLE: So the highest possible point where people could have a view plane from this location to the adjacent property would be more like 45 feet. No, it would be more like -- more like 37 feet because you'll be standing on the third floor, and that's about where the view plane will be, about 37 feet. Now, rather than trying to define what will or will not be permitted on that side of the building, why can't we just say that sufficient landscaping will be placed on that portion of the property so that there will not be a line of sight from the uppermost residential units to the adjacent properties -- COMMISSIONER FIALA: Okay. I could go along with that. COMMISSIONER COYLE: -- okay? And that way they can design the building however it works out. COMMISSIONER FIALA: Okay. Just as long as we protect. I didn't want a repeat of some of the other -- COMMISSIONER COYLE: That's right. COMMISSIONER FIALA: -- things we've had to deal with. COMMISSIONER COYLE: Yeah. I understand what you're getting at. I just think this will be an easier way to deal with it. COMMISSIONER FIALA: I think you're right. MR. YOV ANOVICH: And we're comfortable with that, because if you look on the master plan, you'll see that there's a very wide buffer with existing trees. And if necessary, we could supplement that to make sure the line of sight issue -- COMMISSIONER FIALA: Very good. MR. YOVANOVICH: -- goes away. COMMISSIONER FIALA: I would go along with that. Page 156 May 13, 2008 CHAIRMAN HENNING: Just a clarification. Is that including over the golf course, the golf course view? MR. YOV ANOVICH: I believe the only concern Commissioner Fiala had was for the -- COMMISSIONER FIALA: That's right. CHAIRMAN HENNING: Easterly property. MR. YOV ANOVICH: That's right. COMMISSIONER COYLE: Building one, the easterly end of building one. MR. YOV ANOVICH: Right. CHAIRMAN HENNING: So Kay, do you understand that? MS. DESELEM: I'm sorry. I apologize. CHAIRMAN HENNING: That's okay. MS. DESELEM: I was involved in two different conversations. CHAIRMAN HENNING: What the board would like is the easterly building and property to make sure that there is enough landscaping so you don't have that view into the unit. MS. DESELEM: And I appreciate what you're saying. The only problem is the term sufficient is not measurable, so we don't know -- CHAIRMAN HENNING: Then give us a suggestion. MS.OESELEM: -- what that means. A certain opacity by a certain time or a certain -- that's the kind ofthings we have to look at. It has to be measurable by our standards so that we don't get into a discussion with the applicant saying they think it is enough and we don't think it is, and what is sufficient? Sorry. CHAIRMAN HENNING: Then you're our expert on this, so what do you recommend? MS. DESELEM: What we have in many of the things, it's a measure of opacity as far as how much you can see through it. And if you have some measure of opacity within so many years, that would allow things to grow up and become opaque so people couldn't see through it; however, initially they're going to be able to see through it. Page 157 May 13, 2008 The only way to prevent that is 100 percent opacity which is solid. CHAIRMAN HENNING: How about 80 percent? Commissioner Coyle? COMMISSIONER COYLE: Has this lot been cleared? MS. DESELEM: No. COMMISSIONER COYLE: There is substantial vegetation on this lot right now. MS. DESELEM: But I don't know how tall it is or if it's exotic. CHAIRMAN HENNING: They're pine trees. MS. DESELEM: Okay. And we don't know what clearing might have to be done as far as increasing, you know, to flood elevations or anything. I haven't reviewed that, so I don't know. CHAIRMAN HENNING: They're pine trees, Commissioner. COMMISSIONER COYLE: That's right. I think it would be sufficient to say that there is -- there would have to be vegetation planted there which would assure 90 percent opacity from the windows in building one on the east side with respect to a view of the home site -- home windows on the adjacent residential property. I don't much care if they can see the roof of the next house, but I understand Commissioner Fiala's concerns, they shouldn't be able to look in the windows of the adjacent house, okay? And I think you'll find that that's pretty much done now as long as they don't bulldoze them down. MS. DESELEM: That very well could be, and like I was saying, there's a large preserve area that will separate the existing places in Fieldstone from these buildings. We just needed to make sure as staff that we had something to review. COMMISSIONER COYLE: Then if they can't do it there, we're going to require that they put up a 20- foot concrete wall. MS. DESELEM: Twenty-foot wide or 20-foot high? COMMISSIONER COYLE: Both, both. MS. DESELEM: I'm sorry. Page 158 May 13,2008 CHAIRMAN HENNING: Then you'll need a deviation from the height. MS. DESELEM: Thank you for clarifying it. We're okay with that. We understand. CHAIRMAN HENNING: That's a clarification then on the eastern building one, there will be a 90 percent opaque -- within the time of CO or one year -- COMMISSIONER COYLE: I'd say at time of CO. CHAIRMAN HENNING: Time of CO. Okay. Any further discussion on the motion? Commissioner Halas? COMMISSIONER HALAS: Yes. I'm still going to stand where I said earlier. And I'm -- the point I'm trying to make sure here, Rich, is that whenever I visit with you, I want you to be very up front and make sure that it's full disclosure of exactly what you are intending to do. And ifthere are any changes in a PUD after it's been vented by the Planning Commission, that you make sure that it's -- that information is brought to me so at least I can talk with someone from the Planning Commission that may have been involved in this effort. I feel that the Planning Commission works very hard and very diligently in trying to address all aspects of all the PUDs that come before us, and they work in a manner in which they try to make sure it's very clean, and then all of a sudden when we have something come before us -- and you're not the only one that does this. We've had other people that are bringing PUDS to us, and then on the fly we start making changes. And I feel that that's a disservice, because I feel it should be vented by the Planning Commission, so thank you. CHAIRMAN HENNING: Any further discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Page 159 May 13,2008 COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries, 4-1. We could probably dispose of a couple more items before we go to our break. Item #9 A RESOLUTION 2008-141: DECLARE A VACANCY ON THE HABITAT CONSERVATION PLAN AD HOC COMMITTEE- ADOPTED MR. MUDD: Commissioner, that brings us to Board of County Commissioners, paragraph 9. First item is a recommendation to declare a vacancy on the Habitat Conservation Plan Ad Hoc Committee. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. MS. FILSON: I just -- I don't need to put it into the record. I just wanted to say that down there where I have absent with a satisfactory excuse, it should be without. COMMISSIONER FIALA: Oh, okay. MS. FILSON: And absent from all meetings in 2008, which would be three. COMMISSIONER COYLE: My motion stands. CHAIRMAN HENNING: Yeah, all right. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. Page 160 May 13,2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries. Item #9B RESOLUTION 2008-142: APPOINTING LIONEL L , ESPERANCE TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED MR. MUDD: Next item is to appoint a member to-- appointment of member to the Collier County Code Enforcement Board. COMMISSIONER HALAS: Motion to approve Lionel L'Esperance. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion by Commissioner Halas to approve this item, and second by Commissioner Coyle. All in favor of the motion -- Commissioner Fiala? COMMISSIONER FIALA: I'd just like to say I see that he missed five meetings last year. Did he say that his attendance would be a little bit better? MS. FILSON: I get this information from staff, ma'am. I don't talk directly to them. CHAIRMAN HENNING: Yeah, that's -- COMMISSIONER FIALA: I see. You know, to miss -- CHAIRMAN HENNING: Five out of 12. COMMISSIONER FIALA: -- half the meetings seems quite a Page 161 May 13, 2008 shame. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I tell you what. I expressed the same misgivings on that. We asked for that to be included so we could make judgment calls. There's nothing worse than having a person appointed that can't make the meetings. And it might not be their fault, but the thing is, in order to get the feedback, you've got to have a person participate. COMMISSIONER FIALA: Yeah. COMMISSIONER COYLE: Do you want to readvertise? COMMISSIONER COLETTA: I'm for that. MS. FILSON: He's currently an alternate member, and I know on the EAC that you don't demand that they attend every meeting on the EAC. COMMISSIONER COLETTA: Okay. That's a little different. COMMISSIONER FIALA: So he's -- COMMISSIONER HALAS: So that's -- MS. FILSON: He's an alternate and wants to become a regular. COMMISSIONER COLETTA: That makes all the difference. COMMISSIONER FlALA: You might tell him in your letter that we would encourage his diligent attendance. COMMISSIONER HALAS: I'm sure he will now that he's full time. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. Page 162 May 13,2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Item #9C RESOLUTION 2008-143: APPOINTING TERRY JERULLE TO THE CONTRACTORS LICENSING BOARD - ADOPTED MR. MUDD: Next item is appointment of member to the Contractor's Licensing Board. CHAIRMAN HENNING: Quasijudicial. We only have one applicant, it's Terry Jerulle. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9D RESOLUTION 2008-144: REAPPOINTING W. THOMAS KEPP, APPOINTING JAMES RICH AND RUTH EISELE TO THE Page 163 May 13, 2008 ANIMAL SERVICES ADVISORY BOARD - ADOPTED MR. MUDD: Next item is appointment of members to the Animal Services Advisory Board. COMMISSIONER COLETTA: Motion to approve Thomas Kepp, Brian Theiss -- COMMISSIONER FIALA: No, not Brian Thiess. He withdrew. COMMISSIONER COLETTA: Oh, I'm sorry. COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Well, we don't have a veteran-- yes, then Jack-- I can't pronounce it. COMMISSIONER FIALA: Bruce -- James Rich? COMMISSIONER COLETTA: No, no, Jacquelyn Fresenius. Help me with the pronunciation. COMMISSIONER FIALA: I don't know it -- COMMISSIONER COYLE: Fresenius. COMMISSIONER FIALA: -- but I would -- okay. COMMISSIONER COYLE: I don't know any of them. COMMISSIONER FIALA: I've been getting a lot of mail on James Rich from Marco Island. Everybody says he's wonderful. COMMISSIONER COLETTA: And I've been getting mail also about the lady. COMMISSIONER FIALA: Oh, I see. I haven't gotten any from her. CHAIRMAN HENNING: So your motion -- there's a motion on the floor by Commissioner Coletta. Is there a second to the motion? MS. FILSON: Well, we need to appoint three members. COMMISSIONER COLETTA: I'm sorry. Then the last one would be the veterinarian. We have to have a veterinarian or vet, so that would be Ruth Eisele. MS. FILSON: Eisele. COMMISSIONER COLETTA: I was close. Page 164 May 13,2008 MS. FILSON: Yeah. They're requesting the appointment of Thomas Kepp, and he's actually the only representative for the humane society. They're requesting an appointment for a veterinarian, and Dr. Ruth Eisele, and then we need to appoint one at large, and that would be either Jim Rich or Jacqueline -- pronounce that, please. COMMISSIONER COYLE: Fresenius. MS. FILSON: Fresenius. COMMISSIONER COLETTA: Then Fresenius is the person. That's my motion. COMMISSIONER COYLE: Well, this is -- both of those are from Commissioner Halas's district. COMMISSIONER FIALA: No, they're from mine. COMMISSIONER COYLE: I'm sorry. I meant Commissioner Fiala. CHAIRMAN HENNING: I get that confused, too. COMMISSIONER COYLE: Yeah, I noticed. I think it's becoming contagious. I would -- you know, I would be willing to go with Commissioner Fiala's choice as far as members from her district are concerned. COMMISSIONER FIALA: And I would like to -- I would like to recommend James Rich, but you-- COMMISSIONER COLETTA: Well, if! don't have a second on the motion, then I guess we roll back. CHAIRMAN HENNING: You're right. COMMISSIONER COLETTA: Did you say you second it? CHAIRMAN HENNING: No, I said you're right. COMMISSIONER COLETTA: Oh, I'm sorry. I thought you said second. CHAIRMAN HENNING: Yeah, I don't -- I don't have a hot dog in this fight. So there's a motion by Commissioner Coyle to accept-- Page 165 May 13,2008 COMMISSIONER COYLE: Tom Kepp -- CHAIRMAN HENNING: -- Dr. Eisele -- COMMISSIONER COYLE: -- and Dr. Eisele and -- CHAIRMAN HENNING: -- and James Rich. COMMISSIONER COYLE: -- James Rich. COMMISSIONER FIALA: And I'll second that motion. CHAIRMAN HENNING: Second by Commissioner Fiala. COMMISSIONER FIALA: Yeah. CHAIRMAN 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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9E RESOLUTION 2008-145: APPOINTING WILLIAM GONNERING TO THE V ANDERBIL T BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE -ADOPTED MR. MUDD: Next item is appointment of a member to the Vanderbilt Beach Beautification MSTU Advisory Committee. CHAIRMAN HENNING: They're all from District 2. COMMISSIONER HALAS: I make a motion that -- COMMISSIONER COYLE: Let's readvertise. Page 166 May 13,2008 COMMISSIONER HALAS: I make a motion that we approve William Gonnering. That was -- COMMISSIONER FIALA: Gonnering. COMMISSIONER HALAS: -- the committee recommendation. COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: Motion by Commissioner Halas, 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9F RESOLUTION 2008-146: APPOINTING JAMES N. HAMPTON AND CONFIRMING THE APPOINTMENT OF ROBERT METZGER AS THE FIRE CHIEFS REPRESENTATIVE - ADOPTED W /STIPULA TION THAT MR. METZGER BECOMES A COLLIER COUNTY RESIDENT, TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL - ADOPTED MR. MUDD: Commissioner, next item is to -- appointment of members to the Emergency Medical Services Advisory Council. Ms. Filson, do you have any speakers on this? MS. FILSON: I do have one speaker, but I do want to comment first. The committee recommendation is James Hampton, and then Page 167 May 13,2008 you'll need to vote to confirm the representation from the Collier County Fire Chiefs Association, and they have submitted Robert Metzger's name for consideration. He's not currently residing in Collier County, but he and his wife are negotiating on a house and will be moving very shortly. CHAIRMAN HENNING: I'm going to make a -- MS. FILSON: He's registered to speak if you have any questions. CHAIRMAN HENNING: I'm going to make a motion to approve James Hampton and Robert Metzger. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: And -- yes. MR. KLATZKOW: I'm sorry. For Mr. Metzger, you might want to condition his moving into the county with -- CHAIRMAN HENNING: Well, also in the ordinances there is a representation from the Chiefs Fire Association. The Chiefs Fire Association is recommending Robert Metzger. It's a point of clarification, I think, to the board that Mr. Metzger's going to move into Collier County. He's always been employed in Collier County for a number of years, but the -- the point is, is the Fire Chiefs Association, there needs to be representation on there. Any further discussion? COMMISSIONER FIALA: And he is in the process of moving. MS. FILSON: I didn't hear who seconded that. COMMISSIONER FIALA: Commissioner Halas. MS. FILSON: Commissioner Halas, okay. CHAIRMAN HENNING: All in favor of the motion, signify by . saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 168 May 13, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MR. MUDD: Commissioner, next item is -- no, you had a public speaker. Did that person -- MS. FILSON: He only registered if you had questions. Would you like to speak, Mr. Metzger? MR. METZGER: I waive. MR. MUDD: He waives. Item #9G DISCUSSION REGARDING ADVISORY BOARDS' FUNCTIONS, POWERS AND DUTIES - CHAIRMAN TO WRITE TO THE ADVISORY BOARDS TO HAVE THEM REVIEW THEIR FUNCTIONS, POWERS AND DUTIES AND TO ADHERE TO THEM - APPROVED Brings us to the next item, which is 9G. It's a discussion regarding advisory boards' functions, powers, and duties; this item is asked for by Commissioner Henning. CHAIRMAN HENNING: I've had some comments from the advisory board members and the general public about advisory board members. I only put one example in here just for the flow of it. And the reason I wanted to do that is to give directions. Did you sign up before the item was discussed? The -- the issue is, do we adhere to the powers and duties or do we get the advisory committee to expand their powers and duties? And I put some examples in there, and I appreciate County Manager Page 169 May 13,2008 Mudd's email.soIwill talk on that issue. The issue was a church, New Hope Ministries. There was a -- one of the issues, and it came all the way to the board, Board of Commissioners, that -- the issue about putting stormwater into the preserves. The LDC allows them to do that, but the confusion -- if you can go to item -- page 11 of 21, Environmental Services Manager Barbara Burgeson was asked about this particular item, and she said -- and it's underlined on the second one, but there's no reason that the remainder of the EAC approved the project, and it was cited on the record that it was not an environmental reason at all. All the reasons that were cited was approved -- the project was based upon the use. Of course, that's what we have the Planning Commission for, and they felt it was a good use and a good location. It was not -- and it was not -- it was not an environmental base for their approval. That's my point. So we're getting recommendations in -- just in this particular case from the EAC on planning items, and we don't know if there are any -- or should be any environmental concerns because they're talking about land uses. In fact, I heard at the last EAC meeting on a borrow pit. I can't understand that saying, you're not going to borrow, you're just taking away. You're not bringing it back. But one of the planning -- or EAC members stated, well, I drive that road all the time and I don't want any rocks busting my windshield and I think that you ought to have pullovers in that -- of course, we know that that is a Planning Commission issue. So I think that we need to give guidance to advisory board members to adhere to their powers and duties or request to expand their powers and duties. So I'm going to make a motion that you direct the chairman to write the advisory boards to review their powers and duties and to Page 170 May 13,2008 adhere to their powers and duties. Commissioner? COMMISSIONER COLETTA: I'll second your motion. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think you're right. I think adhering to the powers and duties is more appropriate than expanding their powers and duties. There are some problems in interpretation, and using this particular example, one of the members of the Environmental Advisory Committee said that this was a good use and it was in a good location. You know, that -- that could be an environmental consideration. You know, if it's -- if they're talking about the location of the structure on the particular lot to avoid environmental damage or to avoid infringing on a wetlands or some other environmentally sensitive area, you know, that's a valid concern, and people are going to get into arguments about that. But I think direction to be given to them to review their responsibilities and adhere to the duties of their -- of the specific advisory committee is an appropriate thing to do. CHAIRMAN HENNING: Well, on -- Commissioner, on this particular use if they would have said, well, we feel this stormwater into the preserves is a good use, I could understand that. But it was confusing to the -- to the Planning Commission members and actually carried. over into our meeting. In fact, we have a public petition that was continued. COMMISSIONER COYLE: For that reason? CHAIRMAN HENNING: Well, of the preserves that are not there. COMMISSIONER COYLE: Okay. What would you think of including some guidelines such as those the county attorney gives us in our land use decisions that they will tell us that these are the things you have to take into consideration and they list those kinds of things? Is that an appropriate kind of thing to include in some of the guidance Page 171 May 13,2008 for the advisory boards? CHAIRMAN HENNING: Well, the Planning Commission has that now. I don't know -- COMMISSIONER COYLE: But does EAC have it, and do some of the others have it is the question. CHAIRMAN HENNING: Yeah. The -- but the other -- some of the other advisory boards are not -- they're not reviewing some type of application or -- you know, the Black Advisory Board, the Hispanic Advisory Board, and so on and so forth, but that could be direction to staff just for this advisory board to include specifics for the item at hand. Mr. Wright? MR. WRIGHT: Good afternoon, Commissioners, Jeff Wright, Assistant County Attorney. I just wanted to add on to that thought Commissioner Coyle had. The EAC recommendations -- and I'm the one that represents the EAC on behalf of our office, and it's all about passing along the most valuable recommendation that you can. And in order to make a valuable recommendation, it's best to tie it to something that the subsequent reviewing body can use as a basis for their approval or denial. So that's kind of where I'm trying to direct the EAC on going forward to make sure that they forward valuable recommendation to the next body. And in order to do that, they have to have specific guidelines that can be relied upon by the next reviewing entity. CHAIRMAN HENNING: Okay. Commissioners, we have-- talk about deviation of what (sic) we're here. We had a member of the public sign up, and in our notice, it says all persons wishing to speak on any agenda item must register prior to speaking. The speaker must register -- oh, that's the public hearing. Anyways, before the item is discussed, you're supposed to sign up for it. Do we want to waive that? COMMISSIONER FIALA: You mean for the EAC member Page 172 May 13,2008 who just signed up? CHAIRMAN HENNING: Yes. COMMISSIONER FIALA: I'd love to hear their comments. COMMISSIONER COLETTA: I would, too. CHAIRMAN HENNING: Great. Let's do that. MS. FILSON: Judith Hushon. MS. HUSHON: I'm Judith Hushon, and I'm on the EAC. And I think in terms of the wetland issue, for example, that issue is at issue because that is actually being decided right now in our new LDC amendments, and this site happened to come up before the amendments became final. And whether or not the minutes picked it up, there was a concern, and actually it was my concern, and I did say that that will be covered in the new LDC amendments, but without the LDC amendments we have to operate with what we've got on the board, the rules we have, and that would allow it. Whether the notes picked that up, I don't know but I remember that was what I said. In terms of some of the other comments, it may be that from time to time things are not quite directed, but I think by the time it comes down to an answer or a vote, what goes along with it with stipulations are environmental. There may be some comments made otherwise, and that happens. But, you know, you can't control all people all the time, and I just would like to say that -- CHAIRMAN HENNING: Ms. Hushon, I'd be glad to provide you the information to where they made motions on items that didn't concern environmental issues. But I'm glad you're in favor of giving us some input on environmental issues. MS. HUSHON: Well, I think we'd like to give environmental issues. And if we see something else on the horizon, we may raise it. But we know that we won't make that decision. It just goes into our notes. Because, again, the Planning Commission will see our notes, and it may be just a heads-up on maybe an environmental issue, but to the Planning Commission. Page 173 May 13,2008 And I think -- or to you all, but that is part of what our job is is to sort of raise issues that we think are potentially important. They may not be ones we can vote on, but we think they're important. CHAIRMAN HENNING: On -- just on environmental issues? MS. HUSHON: Right, we can only vote on environmental issues. I'm saying that we might, during our discussion, raise some others. CHAIRMAN HENNING: Well, that's what we have the Planning Commission for. MS. HUSHON: I understand that. Our recommendation might be to recommend that the Planning Commission look at it. CHAIRMAN HENNING: Commissioner Coyle? MS. HUSHON: And maybe we should say that. COMMISSIONER COYLE: Yeah. Ms. Hushon, are you aware that Ms. Berguson went before the Planning Commission and told them that the Environmental Advisory Council or committee had forwarded a recommendation to the planning council -- Planning Commission that was not based upon environmental issues? MS. HUSHON: No. COMMISSIONER COYLE: Then let me -- MS. HUSHON: And that didn't come back to us. COMMISSIONER COYLE: That's the reason this was brought up. MS. HUSHON: That didn't come back to us. COMMISSIONER COYLE: Here's what Ms. Burgeson said. The reasons that the EAC approved the project and as they cited on record was not for any environmental reasons at all. All the reasons that they cited to approve the project was based on use, and they felt that it was a good use in a good place. It was not -- there was not an environmental basis for their approval. MS. HUSHON: I would object if! had heard that because I did make the other statement that we have to live with what we currently Page 174 May 13, 2008 have as our Land Development Code, and though we may have changes in the new code, we can't vote those changes now. COMMISSIONER COYLE: Okay. And then it goes on to say, I'm saying that the EAC supported it but the discussion was based on the thought that the church was a good use of the property, but because of where the location was, that they would support the church in this area and there would be more people to go to church. The reasons they supported it were not based on the environmental Conservation Collier or the CCME or the environmental section of the Land Development Code. MS. HUSHON: Well, I can't speak for our chairperson. COMMISSIONER COYLE: Okay. In any event I just wanted to clarify that, so you know that we don't dream these things up. MS. HUSHON: I am making my comment that I had made a clarification. If it didn't make it into the minutes, that's fine. COMMISSIONER COYLE: Okay, all right. CHAIRMAN HENNING: Okay. Further -- Commissioner Fiala? COMMISSIONER FIALA: I have a question, yes. And this is just a question on my own. When it's a stormwater issue but the stormwater would impact, say, a preserve or something, whose issue is it? CHAIRMAN HENNING: It's a Southwest Florida Water Management and the EAC. COMMISSIONER FIALA: Oh, it would be EAC, okay. Thank you. CHAIRMAN HENNING: Okay. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. Page 175 May 13, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: And opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MR. MUDD: Commissioner-- CHAIRMAN HENNING: Should we take a break? Yeah, we're going to take a break. Ten-minute break? Is that good enough? Be back at three -- COMMISSIONER COYLE: 4:30. CHAIRMAN HENNING: 3:25. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #9H REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER JOINT PARTICIPATION OF THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL WITH OTHER PUBLIC SAFETY COORDINATING COUNCILS IN LEE, CHARLOTTE, HENDRY AND GLADES COUNTIES FOR THE PURPOSE OF JOINT GRANT APPLICATIONS TO ADDRESS PUBLIC SAFETY CONCERNS SUCH AS JAIL OVERCROWDING - APPROVED The next item we have on the agenda is 9H. It's a request for the Board of County Commissioners to consider joint participation of the Collier County Public Safety Coordinating Council with other public safety coordinating councils in Lee, Charlotte, Hendry, and Glades County, for the purposes of a joint grant application to address public safety concerns such as jail overcrowding, and this is Commissioner Page 176 May 13, 2008 Coyle's item. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Henning. Commissioner Coyle, do you have anything to add? COMMISSIONER COYLE: No. Thank you very much. We're going to have our next regional meeting coming up in June, and I just needed to get your okay to at least explore this. You'll still have an opportunity to approve or disapprove any grant participation that we wish to do, so I just wanted to make sure that it was okay if! -- COMMISSIONER FIALA: Absolutely. COMMISSIONER COYLE: -- carried that forward. COMMISSIONER COLETTA: And are the minutes of the meeting in more than one language? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: All you have to do is turn the page upside down. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: (Absent.) CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: And opposed? (No response.) COMMISSIONER COYLE: Thank you very much, Mr. Chairman. CHAIRMAN HENNING: Thank you. Motion carries, 4-0. Item #10C Page 177 May 13,2008 REVIEW AND OBTAIN APPROVAL OF THE RECENTLY COMPLETED PROPOSED MANA TEE PARK MASTER PLAN, OBTAIN DIRECTION FROM THE BOARD OF COUNTY COMMISSION ON HOW TO PROCEED AND APPROVE A TIME AND MATERIAL, NOT-TO-EXCEED PROPOSAL TO CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS) TO DEVELOP A DESIGN CRITERIA PACKAGE TO BE UTILIZED FOR A DESIGN-BUILD BID PACKAGE AND SOLICITATION - APPROVED W/CHANGE MR. MUDD: Commissioner, the next item is lOCo It's to recommend to review and obtain approval of the recently completed proposed Manatee Park Master Plan, obtain direction from the Board of County Commissioners on how to proceed, and approve a time and material not-to-exceed proposal to Corzo, Castella, Carballo, Thompson, Salman, P.A., which is C3TS, to develop a design criteria package to be utilized for a design-build bid package and solicitation. Mr. Gary McAlpin, your coastal zoning management director, and Barry Williams, parks and recreation director, will present. MR. McAPLIN: Thank you, Mr. Mudd. For the record, Gary McAlpin, coastal zone management. Mr. Chair, staff was directed to develop a proposal to develop the 60-acre parcel in East Naples located adjacent to Manatee Elementary School -- it's in the vicinity of Roost and Manatee Roads -- into a predominantly passive park with isolated active elements to it. We have received extensive local community input into this park, and we're presenting to you two recommendations today. And the first recommendation -- the first item that we would like to do is phase this park. We're recommending that the park be developed. The initial phase would be for the park development to develop the infrastructure. That it would be completely developed. The infrastructure Page 178 May 13,2008 development would include the earth work, the utilities, the drainage, and the roadways. So this whole site would be completely developed from a footprint point of view. And then moving forward with the park features, it would include a dog park in this corner right in through here. We would have with that a maintenance compound located over here. We would have tennis courts, volleyball courts, horseshoes, boccie, playground and splash area for the children, golf green, picnic areas, and an open play area that would be supported by rest rooms, pathways and shelters. Our first phase of this project, Mr. Chair, would include no community center right in through here and the parking would be reduced to support no community center. The lake feature on the existing lake -- this is approximately the boundary of the property right now. This piece, this lake, is owned by the school board. This would be deeded over to the county. The lake would be expanded. It would be completely dredged. The dredge material would be used to -- for the fill development on site. And we would retain ownership of the lake and we would fence around it, so the whole property would be completely fenced, making this a usable lake feature for the park. The cost of this portion of the -- of the project, which we call Phase I, would be about $8 million. So what we would have in here is complete park, passive facilities only with no community service recreational building. Phase II, would develop the community service building complex, and that would be a 6,700-square-foot community center which would have the capacity for 235 people, a 3,500-square-foot fitness center with the capacity of 40 individuals, 6,700-square-foot day care facility for approximately 150 children, and that expansion would cost $7 million, making a total cost to this park as we see it today at a $15 million investment. We were seeking funds, if you elect to move forward with this Page 179 May 13, 2008 package, Mr. Chair, to develop a design criteria package so that we could develop a design bid program here. Design bid because with an infrastructure facility like this, it lends itself very nicely to that type of program. We would develop the design criteria, we would do some of the engineering, we would do some of the permitting, we'd tie it up into a package, go out and bid it with the Phase I and Phase II, we would see what kind of pricing we came -- got from the contractors. Contractors would bid both to finish the design, to finish the permitting, and to do the construction, and we would bring that back to you for an actual direction on how to proceed, if to proceed. So that's our proposal to you, Mr. Chair. We're looking for direction at this point in time. This item came to the Parks and Rec. Advisory Board on 4/16 and it passed with unanimous vote. This item would be -- funding for this item would be from the parks and rec. fiscal impact fee fund, fund 346. And currently, what we -- it has sufficient funds to pay for the one-ninety-three $950,000 that we're looking for for this park to do the design criteria package, but funds are not available to do -- complete funds are not available to do the first phase of this project. So we're looking for direction on how to proceed at this point in time. CHAIRMAN HENNING: Commissioner Fiala has a question before we go to public -- I mean after we go to public speakers. MR. McAPLIN: Okay. CHAIRMAN HENNING: If you don't mind. MS. FILSON: The public speaker is Phillip Brougham. MR. BROUGHAM: Brougham. You're very close. It's more efficient to read this. Thank you very much. Commissioner Henning and fellow Commissioners. My name is Phil Brougham and I live at 8587 Pepper Tree Way in East Naples. I have been interested and involved in the proposed Manatee Page 180 May 13,2008 Park since November of 2006 when the first meeting was held with residents in the area to solicit their suggestions for park amenities. As you all recall prior to that time, the park was being planned for a soccer complex, which was certainly out of character for the neighborhood. In any case, the area residents provided many constructive suggestions, which have been incorporated in the design that you have before you today. Perhaps a first of its kind in Naples, certainly in East Naples. This is truly a fantastic design, and your staff and their design consultants should be congratulated. The design is being called passive, but I believe that it is a park designed for families and persons of all ages, from the toddler to the retired folks, which constitute the majority of the residents in the surrounding communities. The heart of this park, at least in my opinion, is the community center which will provide meeting rooms, a fitness center and space, at least at this point, for a day care center. The community center would be a magnet for the area residents bringing them together for games, exercise or just chatting with each other. There is no other community center in East Naples, at least without driving a significant distance; however, the proposal you have in front of you today recommends that Manatee Park be constructed in two phases with the second phase being the community center. I believe that would be a mistake and an elbow to the ribs of the excellent community participation which contributed to this design. I understand that phases are being recommended because of funding concerns. Parks and recreation currently has $2.4 million earmarked for this park. It is estimated to cost 15 million when completed with the community center, if space for a day care center is included. Without the day care center, the cost is estimated at 12 million. At the public information meeting held in East Naples on May Page 181 May 13,2008 8th, the majority of the residents in attendance did not favor inclusion of the day care space. Construction of the park will certainly span at least two, if not, three years, and during that period, additional impact fees, albeit reduced from prior years, will flow to parks and recreation to complete the funding. I see no reason to phase this park. In fact, the word phase brings up concerns that after Phase I, commitments may wane, and we may never see Phase II, which is the community center. East Naples needs this park. We have waited a long time for a park like this in East Naples, while we have watched numerous parks in North Naples being constructed. I would urge you to approve the proposal for the design of Manatee Park that you have before you today, however, with the stipulations, number one, it not include a day care center. Why spend the money to design something that the residents have expressed opinions against? And two, that firm direction be given to make completion of this park, including the community center, the top priority for parks and recreation before investing in park locations elsewhere. I believe the residents would prefer to wait a bit longer for a complete park than be forced to settle for a park without a community center as its heart. Thank you very much. CHAIRMAN HENNING: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Questions for staff? COMMISSIONER FIALA: I have a bunch of things, in may. First of all, the community center, we're just thrilled about having a community center there. We don't have a fitness center yet in East Naples. Actually only one park has a community center, and it's a very, very small one. It really can't accommodate too, too many Page 182 May 13,2008 things, and that's okay. The phasing portion has been a concern, I think, mainly because when they were going to phase in Eagle Lakes Community Park and part of that Eagle Lakes Community Park was a community center and we still don't have one, and that's been up for, I don't know, II years, 12 years, something like that. How many years? MS. RAMSEY: Six years. COMMISSIONER FIALA: Pardon me? MS. RAMSEY: Six years. COMMISSIONER FIALA: Six years? Well, it was there before I was on, and I've been on the commission eight years. Doesn't make any difference. It's been a while. And it would be -- but I was thinking of a good plan. The day care center, actually our people weren't even going to build a day care center. This wasn't an idea of our parks and rec. department. What they were -- they were encouraged to do that by the Marco Island YMCA because the YMCA really wants a day care center. They have some extra funding, I guess, and they want to build a -- they want to do some day care off of Marco Island. So I was thinking, maybe there would be a way we could incorporate both things. Maybe instead of having the day care center here at Manatee, which is going to be designed more as a family park but heavy emphasis on retired people, maybe we could take that day care center, as long as the YMCA wants to pay for it, put it over at Eagle Lakes, as long as they would incorporate an office in it, because right now we can't have a park manager at Eagle Lakes because we don't have an office. So we would have an office for the parks manager, and let the YMCA take care of the day care center, and maybe we could even use that at other times. So that's one -- and I'm looking at the look on Marla Ramsey's face. It looks like that isn't going to hit too well. But anyway, I thought that would be a good idea. Page 183 May 13,2008 Also -- because I think that that way then the kids in that area, there's -- next door to Eagle Lakes there's Whistler's Cove, and next door to that is Naples Manor, and across the street from that is Treetops, and next door to that is Trail Acres, and then we have -- we have Victoria Falls. They're all just loaded with children, and -- right there by Eagle Lakes Community Park, I thought that would be an appropriate place, especially if they're building a place for 150 kids. That might just give them a day care center there that the YMCA wants to -- wants to operate, and the kids would be able to -- and the parents would be able to get them there easily. Okay, fine. Now that was that. And the phased approach, I would just ask, if you -- and if we don't have the money, we don't have the money, but if you wouldn't spend any money on anything else until you finish this park. That's what I would like to see. From start to finish, from community center all the way through to all the amenities so we have one complete park. So that's my request. CHAIRMAN HENNING: Boy, you're really cookin'. COMMISSIONER FIALA: Yeah, I am. CHAIRMAN HENNING: Are you done cookin'? COMMISSIONER FIALA: Yes, I am. CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Coletta and then Commissioner Halas. Commissioner Coyle? COMMISSIONER COYLE: Oh, I see. CHAIRMAN HENNING: I think I said that right. COMMISSIONER COYLE: I thought you really meant Commissioner Coletta, but that's all right. COMMISSIONER COLETTA: He did mean that, but he deferred to you. COMMISSIONER COYLE: You know, I don't have any problem with the community center. I have a real big problem with Page 184 May 13,2008 getting involved doing baby-sitting for the community, of the government getting involved in doing your child care. I just don't think that's the kind of business we need to be in. There are private organizations that are far more capable of doing that. And when it comes to that, I received some complaints when we finished up the water park up north about -- from people who are providing physical fitness training and that sort of thing. They're saying, look, you know, how can I operate my business when you're taking taxpayer money, building these facilities, and all my customers are going over to use the county facilities? You're putting me out of business. And I just -- I think we need to get some understanding as to what the role of government really is here. And I would prefer that we not get involved in competition with private industry, and certainly from a day care standpoint. I don't know. The county attorney might tell us differently, but I just shudder thinking about the potential liability problems associated with that. I don't know what kind of waivers you might be able to get. I also sort of wonder how that works with our interest in making sure that the funds in the facilities are used by American citizens, but that opens up another can of worms that I can't even begin to comprehend. So I don't -- I don't think that this is a good plan, okay? I really don't. And I'm reluctant to approve expenditure of this kind of money studying something that contains these elements. Now, if we have a plan to build a community center and we have the money, I'm all for it. I'd be happy to support you, Commissioner Fiala. But again, I think we need to deal with what we've -- we're beginning to describe as essential services. What are the essential services of our community. And we're not going to have a lot of money for frills. And if private industry can do these other things -- and I think they can better Page 185 May 13, 2008 than we can -- I would prefer not to spend taxpayer money on it. But community centers serve a really good purpose, and East Naples has been sort of left out on that for a while, and I would support the community center operation. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'm excited about this. Could you put up the ground layout again, please. And then I'm not too sure if it would be you, Barry, or another staff member that I ask the question to. I'm a little bit concerned about -- I mean, I want this park. I think it's an absolutely beautiful idea, but there's also a park that we're looking at out at Orangetree that's been in the works for some time now. MR. WILLIAMS: Yes, sir. COMMISSIONER COLETTA: I know there's a master plan out there how we're supposed to divvy the monies up so that everything gets done at a certain point in time. Would this upset the equilibrium as far as everything's been planned to come out if we all of a sudden targeted Manatee Park for full out -- built now and then put everything else on hold? How would this all work? MS. RAMSEY: The -- I think it's called the Big Corkscrew Island Regional Park is what you're talking about, and it's been put on hold mainly because the utilities section has been put on hold, the wastewater and stormwater element in there. They have to come through our site, the park site, and put down all their infrastructure through the park site, all the pipes, et cetera, in order to get to their location. And so we're put on hold for a number of reasons -- that's the first reason -- in the fact that I have to have all of that infrastructure down before I put the park over the top of those pipes that go underneath there. COMMISSIONER COLETTA: This is upsetting because now Page 186 May 13, 2008 we have the sewer and water treatment plant being put off for many, many years in the future because there's no need. So all of a sudden, an area that's grown by leaps and bounds and has nothing to offer its residents for one heck of a distance as far as regional park goes -- CHAIRMAN HENNING: Commissioner Coletta, I hate to interrupt you, but the item on the agenda is about the Manatee Park -- COMMISSIONER COLETTA: Well, we're talking at a level of what we're going to do as far as how we're going to expediate the building of it. And my concern is that we're going to divert funding in such a way that the people in the area that I represent are going to be behind the eightball for the rest of their natural lives. I mean, we're -- and all of a sudden, I'm hearing about a problem that exists that has never been revealed to me in all the meetings I've had. We'll take this up afterwards. But meanwhile, I need to be able to make sure we've got the option to be able to do something with Orangetree, whatever it is. There's all sorts of ways around this as far as providing some amenities for the people out there, even if it's a little bit of a piecemeal approach. But the real issue I wanted to get to -- let's go back to Manatee Park. I'm absolutely thrilled about the lake that's on this park property, and I'd like to see it considered when we're -- they're dredging the lake and they're doing the work on the lake, that they do it in -- keeping in mind that it would become a recreational fishery to be able to be enjoyed by either maybe just the youth of the area, catch and release type thing, no motors allowed, but another thing that the people -- another amenity that the people can enjoy in the area. If the lake is not managed from the very beginning in that direction, it will not be able to offer the fishing experience for people that may wish to do it. MS. RAMSEY: The size of the lake is about 15 acres, and we do hope to be able to have some fishing in that as long -- as well as Page 187 May 13,2008 there's been a request for a remote control sailing club that would like to come down and use it as well. I do want to address the first element that you have. Right now in my reserves I have somewhere around $4 million that has been unallocated toward projects. And our impact fees are probably coming in about 2.4 million off of our budgeted of 8.4 million. So we're about $6 million off this year. And so funding is going to be an issue, whether it be Manatee or any other park at this time, Commissioners. CHAIRMAN HENNING: Okay. Commissioner Fiala would like to put this -- would like to shelf this and give direction to build the Eagle Community Park; is that correct? COMMISSIONER FIALA: Uh-uh, no. CHAIRMAN HENNING: Just the opposite? COMMISSIONER FIALA: No. I'd rather just shelf the day care center and just build this, period. I think that we'd love to have this park and have it -- CHAIRMAN HENNING: Okay. I misunderstood. COMMISSIONER FIALA: -- have it finished completely. Thank you. CHAIRMAN HENNING: I'm sorry. Commissioner Halas? COMMISSIONER FIALA: And you know what I didn't say before? It was because of all of you commissioners that we're able to get this far. You guys supported me when I said, you know, we have to listen to the community and build this. And you guys all were there, and I really appreciate it. And I just want to say that this wonderful park that's going to be built is going to be because of that, and it will have fishing, and hopefully our boats and so forth. It's going to be wonderful. Thank you. CHAIRMAN HENNING: I'm sorry, Commissioner Halas. COMMISSIONER HALAS: Yeah. I was wondering if -- with Page 188 May 13,2008 the dredging of Eagle Lake, if that will be a good place for beach access. You could haul in beach sand maybe and have beach access right there. COMMISSIONER COLETTA: And a short pier? COMMISSIONER COYLE: Yeah, and a pier. A pier would be lllce. COMMISSIONER HALAS: Yeah, so somebody could take a walk off it. COMMISSIONER COLETTA: A meeting facility. COMMISSIONER COYLE: A long walk. CHAIRMAN HENNING: Now you're cookin'. Commissioner? COMMISSIONER FIALA: No, that's it. CHAIRMAN HENNING: Could you give us some guidance? COMMISSIONER FIALA: Yes. I would like to move forward with this, and I would like it, if you can, please, to put it into your plan so that we continue as the impact fees come in next year, to finish this park off, and let's finish one completely and then start the next. Yes, Mr. Mudd? He's suffering there. MR. MUDD: I don't want to -- I don't want to build an expectation that this park is going to get built next year. My guesstimate is, we'll start this park five years from now based on the impact fees that we're getting and the $2.7 million that you have in reserve in the impact fee accounts. COMMISSIONER FIALA: Plus the 4 million? MR. MUDD: No. That's 2.7. If you looked at the email that was -- COMMISSIONER FIALA: I did. MR. MUDD: -- given that your aide received, Sue Usher gave you the bottom line about 2.7 million. Ma'am, that's what we've got right now. Impact fees are down. You still have a $3.1 million payment that you make based on bonds Page 189 May 13,2008 for the North Regional Park out of that impact fee. So it's not straight, here's what my impact fee money is and there's no debt that you're paying off. You're paying off a debt with that impact fee. So all I'm trying to get at is, I don't want to build an expectation right now that it's going to get built next year. Ma'am, if the board says what money you have when you get it, you accumulate the impact fee until you have enough money to buy -- to build this park and that's what you do, so be it. But let's not put a time frame on it, because I can't tell you right now in the impact fee collections where we're at. COMMISSIONER FIALA: Okay. Let me say this. We've been on the short stick, the short side of the stick many times. We haven't had a park finished. And all I'm asking is the same thing as other people get. We haven't had that. So if you want to accumulate all the money and not spread it all out until you get it accumulated and build this park, fine. Then just -- let's allocate the $190,000 to get the design study done. But I would ask that, and I would ask, please finish this park. I would ask the commissioners to vote with me, let us finish one park in East Naples. I'm sorry about your Orangetree. I know that -- COMMISSIONER COLETTA: No, I'm very sorry. COMMISSIONER FIALA: But at the same time, your parks in Golden Gate, Golden Gate Estates, and Immokalee, you have many more things than we have in our parks. And it's wonderful that you have them. I'm just asking for the same. COMMISSIONER COLETTA: No, and I understand. And I have to ask for the same also. Immokalee is an animal all by itself. The parks are overutilized. They don't have enough room within them. You've got to come all the way back into Golden Gate City to be able to utilize anything. The people that live out in the Orangetree/Waterways area, they Page 190 May 13, 2008 have nothing, absolutely nothing. They've been waiting forever. We've got this on the board. We got it going forward; now we find out it's being held up because of the utility thing. So, you know, for me to say that this should take precedence over Orangetree and Waterways, I think both of them are important. COMMISSIONER FIALA: Oh, I do, too, as long as -- CHAIRMAN HENNING: Boys and girls, boys and girls? COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: This is a budgeting problem. COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: That's all it is. Everybody thinks we ought to have these amenities for our communities. It is a budgeting problem, and we can't take them up piecemeal at BCC meetings until we get to the budget and we understand what revenues we've got, what kind of impact fees we've got coming in. I don't know that you can even legally say accumulate all the impact fees for all of Collier County and put all that money into one district. I don't know that you can legally do that. Maybe so. Okay. But in any event, the time to discuss this issue is when we get our projections of our revenues and we take a look at what our essential services are going to cost us for this next year, and then we evaluate what monies are unallocated, if any, and then we can try to make decisions like this. But for us to make a decision like this right now to spend whether it's 12 million or 14- or $15 million on this park, it's impossible for us to do that. You just can't say, yeah, let's go ahead and finish this park. There's no way to do that. We have to do it in the budgeting process. COMMISSIONER FIALA: As we did with the North Naples Park for the 53.8, you mean? COMMISSIONER COYLE: As we did with everything else. COMMISSIONER FIALA: Okay. I would hope that I have Page 191 May 13,2008 your support. CHAIRMAN HENNING: So entertain a motion to expend the monies; what is it, $200,000? COMMISSIONER FIALA: A hundred ninety-three thousand, nine hundred fifty dollars. CHAIRMAN HENNING: For the design criteria package? COMMISSIONER COLETTA: I'll second that for you, Commissioner Fiala. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I don't know that you can do that either. What is it we're telling the staff to study? We've already told them to eliminate the day care thing. What is it you're talking about studying if we give you this $200,000? MR. McALPIN: Commissioner, what you would do is you have a conceptual design right now. That the 2 -- what the $193,000 -- what you would do is you would develop a package sufficient in detail so that you can go out and bid this project, and you could -- you would -- it would be a -- you would not develop the design package 100 percent. You would develop design concepts, take it to a point where you know that -- the approach you want to use for the design, you know the permitting, and then you'd take it out and bid it for the contract to finish up the rest of the design and bid on the scope of the work so-- , COMMISSIONER COYLE: How am I going to get somebody to study a design if I don't know if it's going to have a day care facility and a fitness center and a number of other things associated with it? You see, nobody's said that we're going to eliminate anything. We've just -- we've just had a motion that said, let's approve this. MR. McALPIN: Commissioner, what we -- what I think we would do is break it up in pieces so that we would pull together the infrastructure without a community service building and then bid the Page 192 May 13,2008 building out or develop the building in pieces so that we could bring it back to the board. And at that point in time we would have good numbers and the board could make a decision on how to proceed, if they would like to proceed at all. COMMISSIONER COYLE: And you're going to assume that you'll dredge the lake to its -- its ultimate extent of 15 acres from the -- at the very beginning? MR. McALPIN: We would dredge, we would -- the infrastructure would be complete, the lake would be dredged so that we would not have to go back in there at some point in time in the future and do it, which would be very expensive. And that would be the approach we would take. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Okay. So I'll make that -- the motion was that we spend $193 (sic) and -- $193,950 to study the design build bid package and eliminate the day care center. COMMISSIONER COYLE: And how about the fitness center? COMMISSIONER FIALA: No. You know, we don't have one in East Naples at all. COMMISSIONER COYLE: Maybe some private company will see that as a market opportunity and do it. COMMISSIONER FIALA: Well, I think we should include that in any case. I don't want to eliminate it. COMMISSIONER COLETTA: If! may? CHAIRMAN HENNING: Commissioner? COMMISSIONER COLETTA: We have fitness centers in North Naples, in Golden Gate Estates, and Golden Gate, so why not in East Naples, too? I mean if we're going to eliminate it, we should eliminate it from all of them, and I -- COMMISSIONER COYLE: I'm okay with that. COMMISSIONER COLETTA: -- don't think that would be Page 193 May 13,2008 acceptable. COMMISSIONER FIALA: But they're already there. CHAIRMAN HENNING: We've already got a motion on the floor. Let's get through this one. Okay. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion carries 4-1. MR. McALPIN: Thank you. CHAIRMAN HENNING: Do we want any more motions? COMMISSIONER COYLE: No, not -- CHAIRMAN HENNING: Fitness centers? CHAIRMAN HENNING: Next item? Item #IOE RECOMMENDA TION FOR DIRECTION ON THE TYPE, CONTENT AND TIMING OF REPORTS THE BOARD OF COUNTY COMMISSIONERS WOULD LIKE TO RECEIVE FROM THE CLERK OF COURTS ON THE TAXPAYERS INVESTMENT PORTFOLIO - CLERK TO PROVIDE A QUARTERL Y REPORT (CURRENTLY AVAILABLE ON CLERK'S WEBSITE) VIA E-MAIL TO THE COMMISSIONERS MR. MUDD: Commissioner, next is I DE, and that is a Page 194 May 13, 2008 recommendation for direction on the type, content, and timing of reports the Board of County Commissioners would like to receive from the Clerk of Courts on the taxpayers' investment portfolio. Mr. John YONKOSKY, office of management and budget director, will present. MR. YONKOSKY: Good afternoon, Mr. Chairman, Commissioners. My name is John YONKOSKY. I'm your budget director. Agenda item I DE is a request for the board to provide direction regarding the content, type, and frequency of reports from -- that you would like from your investment portfolio. The last time that the board provided guidance regarding the investment portfolio was January 22, 2002, when the board adopted resolution 2002-42, and that made two modifications to your investment policy. The first modification was to increase the composition for U.S. instrumentalities from 75 percent to 100 percent of the portfolio, and number two is to recognize certain educational requirements for the people that manage the investment portfolio. On the 3/25 board meeting, the board received a report on its investment portfolio. During that report there was considerable discussion on the content of the reports, the frequency of the reports, and laddering in composition and risk in the portfolio. Your executive summary has a list of several items that the board may want to consider as -- for inclusion in periodic reports from its -- on its investment portfolio. The board's current investment portfolio does not describe the contents of any monthly reports. It does provide that annual, quarterly, and monthly reports will be presented to the Board of County Commissioners. These report currently are not presented to the board. They reside on the clerk's website as the board discussed at the meeting in Page 195 May 13, 2008 March. And basically, this report is to see -- or this executive summary is to see what type of reports the Board of County Commissioners would like to receive, what frequency, and what would they have included in them. CHAIRMAN HENNING: Mr. YONKOSKY, number 5, you want a 10-year graph on the T bill, three month -- yeah, the three-month T bill but a 10-year period, over a I O-year period? MR. YONKOSKY: Yes, sir. CHAIRMAN HENNING: You can probably get that on Google, couldn't you? MR. YONKOSKY: I certainly could. I would assume that you could do that. CHAIRMAN HENNING: I mean, the treasury bill is just changed by federal government, correct? MR. YONKOSKY: That's correct. CHAIRMAN HENNING: Wouldn't they have a 10-year graph of that? MR. YONKOSKY: Commissioner, I'm assuming that you can get that 10-year graph off of Google. What this recommendation is to the board, to see whether or not they would like a report on a monthly basis or on some kind of basis that compares your yield in your portfolio to the three-month T bill, fed funds rate, the SBA rate, and the two-year treasury. That's just a suggestion. You may want to add more, you may not want that. That's not uncommon. For example, that report is provided monthly to the -- in Sarasota County and in several other counties. CHAIRMAN HENNING: Well, isn't the SBA another one that -- I mean, I'm trying to -- what do you want? Let me just ask. What do you want as far as reporting? MR. YONKOSKY: Mr. Chairman, it's not what I want. This is just a shopping list, if you will, of different reports that you may want so that you can review them on a period. The SBA rate is probably Page 196 May 13,2008 not a good rate right now at all, but -- to include in there, but it is a comparison. The SBA is not -- does not have a lot of municipal monies right now. So it may not be a good one, but it's just one of several. It's a shopping, if you will, of things that you might want to have included in your monthly, or whatever frequency reports you get. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. I think that this is -- the information that you put into the executive summary, I think, was very good, maybe not so much for each of the commissioners, but there might be -- how would I put it -- a level of comfort for people who would like to know how we invest their money since it's taxpayers' dollars that we're investing in regards to the return, especially right now under the economic situations that we have. It's very unstable. We really don't know where this is going, and I think it would give the taxpayers a level of comfort to understand what's going on. I know it would give me a level of comfort, since I pay taxes, to know what's going on with my investments. And if we give you direction here in the items that we feel are important -- and I think that's what you brought before the board here -- so that we have an idea what the investments are and what they're doing, and maybe not so much on a monthly basis but on a quarterly basis. That's how I would feel, and leave that discussion open for the rest of my commISSIOners. But I think that what we need to do is go through this and pick out what we feel is very important, and then maybe you can give us some guidance in regards to the areas that we have most of the funds in. And I think that would help us out a lot. CHAIRMAN HENNING: I could go along with your suggestion about a quarterly report. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we need to do something maybe more frequently than a quarterly basis. The Page 197 May 13,2008 problem that we're going to have is to collect the information that gives a true indication of this performance of our investment portfolio. But my -- my problem with trying to get comparisons of, let's say, March ofFY-08 with March ofFY-07 is that I'm not sure how meaningful it is because conditions change so much over a period of a year, and our -- I presume our investments are dynamic. We get more in sometimes than we get at other times. It's not necessarily uniform so that there can be all sorts of fluctuation and variations from a year-to-year month comparison that may be irrelevant. And what I would be looking for is some way to -- and I'm sort of swayed by item number four because it helps us -- helps us track specific investments and gives us a better idea of how those investments are doing. But is there a way that we can get the information displayed so that we can not only understand the interest rate of return on our investments, but also appreciate any declines or increases in market value of the investments so that we have a way of determining the trend in portfolio value as well as rate of return for the -- for a specified period of time, and maybe get that on a quarterly basis. Do you -- does that make sense to you? Do you understand what I'm trying to get at? MR. YONKOSKY: Yes, sir, I do. COMMISSIONER COYLE: How difficult would that be to pull together, do you think? MR. YONKOSKY: I think that, Commissioner, you would need to ask the clerk. COMMISSIONER COYLE: Okay. MR. YONKOSKY: Maybe Ms. Kinzel can help with that. MS. KINZEL: Commissioner, for the record, Crystal Kinzel. We're currently putting a report out and we tried to take some of the board's guidance from the March meeting that we had where the clerk made a presentation on the investments. We took that guidance Page 198 May 13,2008 and tried to pare the report. In the March report that's out there, for example, gives you purchase date, call date, call frequency, par value, market value, maturity date, and the average rate of return, including the cost balance and our weighted years of maturity. We didn't participate in preparing the executive summary, but I'm here to take back anything that you might offer to the clerk. Just to advise the public that it is out on the clerk's website. We had more information probably prior to March. It was different. It had some graphs associated with it, but we have tried to put it out to the public information everything from rate of return to the types of instruments that we're investing in. But currently -- we took some information that you gave us in March and thought what you expected, we did put out there in March. But I'm here to take back any information you would like to the clerk's office. COMMISSIONER COYLE: Well, I guess my point is -- and it's, I think, pretty much the same as the position expressed by the clerk last time. We don't want to micromanage the thing, so we don't need lots of raw data, except CUSIP numbers for the securities would be helpful for a number of reasons. But it would be good to have some summary information or some graphs or trends, and that would be helpful to us on a more informational or management level. MS. KINZEL: And, Commissioner, we did take that advice, and we put out there for March -- we compared what you had specifically talked about at the meeting, the federal funds, the T bill rate, and the average weighted rate of the return here. We took that from October, which is our current fiscal year, to try to trend our investment portfolio to those instruments that you specifically identified. And we did put that out there, and it is on the March website information, but -- COMMISSIONER COYLE: And how about the market value of our investment portfolio? Page 199 May 13,2008 MS. KINZEL: That is out there on a chart, not graphically. COMMISSIONER COYLE: Can we put that on a graph also -- MS. KINZEL: I'll take any information back to the clerk and advise him. COMMISSIONER COYLE: -- on the same chart where we're graphing the interest rate comparisons. CHAIRMAN HENNING: Okay. Is that enough direction? COMMISSIONER COYLE: I doubt seriously if we'll be able to come up in one meeting with all the things we need. What's likely to happen is we're going to ask for some more information and we're going to look at it and we're not going to understand it, and maybe it won't make sense to us. We'll then have to ask for some information or delete some of the information; maybe we're getting too much. But we have a responsibility to be as informed as we possibly can be on what is happening with our -- with our investments, and I hope that we're beginning that process now. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Commissioner Coyle, do you feel comfortable on a quarterly basis? COMMISSIONER COYLE: I do at the present time. But like I said, if we begin to look at it on a quarterly basis and then we say, well, wait a minute, maybe we ought to look at this more frequently, then we can ask for it to be broken out more frequently. But I think that you'll find that a lot of this information can be very overwhelming, and there's going to be a lot of it if we get all the individual securities and begin to start looking at that. But that's the way we're going to raise questions and search out answers and then ultimately refine what management level reports we really need. So at some point in time we'll get comfortable with it, and then we'll be okay. COMMISSIONER HALAS: I kind of feel that quarterly reports for starting and then also compare that with what happened with the -- Page 200 May 13,2008 with those particular funds that they were invested in for a number of years, or at least a year, so that we can basically get a trend to see if it remains the same? Is it increasing? And if it's decreasing, then I think we need to figure out what we need to do over a certain time line maybe to move those investments. But I think I'm looking for guidance from the clerk probably also since he's had a lot of experience through the years. And so whatever we can give the clerk plus what his experience is, I think, on a quarterly basis, I would feel comfortable with. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I agree with the quarterly basis. I think that's a good idea. Monthly, I think, is too much. And I like the idea of a graph. I think that it's so much easier to see just by a glance. So I go along with those suggestions. CHAIRMAN HENNING: Great. Is that enough? MR. MUDD: Commissioner, I need to ask one more question. CHAIRMAN HENNING: Oh, I'm sorry. Did I miss you? COMMISSIONER COLETTA: Yes. That's okay. CHAIRMAN HENNING: I didn't see you. Please. COMMISSIONER COLETTA: And this may be a revelation, but I agree with everyone else. Thank you. MR. MUDD: Commissioner, how would you like this presented? It's on the website. Would you like Crystal or the clerk to just give you quarterly update with a hyperlink of where the reports are so you can go out to see them, you know, and then they'll be up to date and you'll know it so you won't have to go back and forth? So you've got an update, the hyperlink is on the email that you get. All you have to do is punch the hyper link, and then you go right to his website and go right to those reports, and then you can view them. Did I complete that -- Crystal, help me here. CHAIRMAN HENNING: Well, it -- Crystal, you do it on a quarterly basis like you do at the first of April; it will be available on Page 201 May 13,2008 your website? Is it annual? MS. KINZEL: Right now it's monthly. It is produced and put out there monthly. It's not put out until probably the 20th of the following month by the time we get all the banking reports, massage the information, get the percents and the ratios calculated. It's posted about the 15th or 20th of April for March, and each month is posted now. CHAIRMAN HENNING: Would it be too much ofa problem to ask if you'd just send us an email with the link to it? MS. KINZEL: I'll take that back. CHAIRMAN HENNING: Okay. Yes, Commissioner? COMMISSIONER COYLE: When we're talking about quarterly reports, I guess what I'm really talking about is quarterly update, and then we can see these graphs over the period of the entire year as the year progresses, and maybe two years or three years, and we just keep extending that, and we have these graphs, they're updated quarterly, and you can take a look at them. And then if we want to ask some question about, well, why did it go down here, then the clerk can provide us some information that will answer our questions. Okay. CHAIRMAN HENNING: Good. Thank you. CHAIRMAN HENNING: We have a time certain, or is that 4:00 or 4:30? Item #IOA A CONCEPTUAL PLAN TO FINANCE OPERATING COSTS AND CAPACITY RECOVERY IMPROVEMENTS ON COUNTY ROADS HAVING CONSTRAINTS DUE TO TRAFFIC SIGNALS SERVING NON-PUBLIC ROADWAYS AND DRIVEWAYS BY USE OF A USER FEE FOR CONVENIENCE SIGNALS - MOTION TO REJECT ANY IDEA THAT T AXP AYERS WILL PAY FOR COST OF TRAFFIC SIGNALS OUTSIDE OF THE Page 202 May 13,2008 DEVELOPER'S CONTRIBUTION AGREEMENT (DCA) AND STAFF GIVEN DIRECTION - APPROVED MR. MUDD: It's at four o'clock, sir. And it's IDA, and this has to do with the presentation to the Board of County Commissioners regarding a conceptual plan to finance operating costs and capacity recovery improvements on county roads having constraints due to traffic signals serving non-public roadways and driveways by use of a user's fee for convenience signal. Mr. Bob Tipton, traffic operations director, and Norman Feder, your transportation services administrator, will present. MR. FEDER: Commissioners, for the record, Norman Feder, transportation administrator. Right now, currently, Collier County has 179 traffic signals on the network. Of those, all of them have gone through at one time or another a warrant study. A warrant study develops what are the minimum criteria before a signal should be put in. In that, all of these signals meet that warrant study . We check it over time. And in fact, we have removed four signals based on what's called dewarrant studies where they are no longer warranted and they've been removed from the system. Why is it important we look at this? Well, if you've driven on Airport at Pine Ridge, you've ever seen the electricity go out, I think you get an idea of why a signal is critical to allow people to utilize the network to get from link to link and to get to the areas that they're trying to seek to get to. But we have 85 percent of that 179 that really serve that criteria that are actually connecting people to other parts of the network. That's a good portion of it, but there's 15 percent of those signals that are really servicing only a particular sector, group of the population, either into a community that has no other outlet or it's gated, or into a shopping center that only services a clientele that are going to that Page 203 May 13, 2008 shopping center. And that's important because every signal we have on the system, all 179, in and of themselves do take away capacity that you develop when you built and added the lanes. And as we look at what we've done over the last few years in adding lanes and trying to respond to our capacity needs, play catch-up and getting there, we're in a situation where now are widened roads, there's going to be more and more demand for these items we're calling convenience signals, the more mid block based, that are basically servicing really only a select part of the populous, not motoring public in general. And so how do we respond to that? First of all, they have to meet the warrants. We're not going to put in unwarranted signals. But if they are warranted, especially as the volume on the main line continues to grow, they create a situation where your operational capability to get progression along the corridor gets constrained, and even further, you lose capacity for that convenience issue. Where you have it at Pine Ridge and Airport, as I said, the 85 percent of those 179 signals, you have to have that because it's providing interconnection through the network. But those 15 percent are issues that we need to find out, is there a way we can respond to those? Can we at least go beyond what we've done in some occasions where we've required new development that's come in to pay for the signal to be installed and look at operation and maintenance costs? And in those operation and maintenance costs, there is precedent. Other states do require that those costs to repaint the mast arms, to replace the bulbs, to work on the controller, are -- and more importantly the electricity to run those signals, be paid on an ongoing basis. You go further to look at trying to implement intelligent transportation system approaches, SCOOT, others, to try to Page 204 May 13,2008 re-establish some of that efficiency that is lost for the motoring public who pays in time and in gas costs for those additional signals in the stream that aren't servicing interconnection, or do you go all the way to the other extreme with the continuum and try to recapture the capacity that's lost that you can show is due to those signals that are only servicing the few. Now, obviously, as we look at this, I've got 15 percent of the signals today that at least we've indicated from what we're looking at in the study would fit in that boat. But, again, going retroactive is always very difficult. So we're raising this issue now to get the discussion with the board and with the public for something we're looking at. Do we go looking at things and only look at new signal installations because more pressure will be coming as more volume goes on the six-lane facilities that we have today and request comes in and warrants end up getting met for possible signals? Do we only look at operating costs? Do we look at re-establishment of operational efficiency? Do we go all the way to the issues of trying to recapture capacity on those new signals? So these are the things we've been trying to look at. The reason we're here today is an informational item only really because we have the consultant and the outside counsel that's been looking at this. As I said, the issues of operation have been done elsewhere, but nobody has tried to recapture based on operational efficiency losses or in capacity, and that is something that's plowing new ground, as we've found out. So we asked them to check into it, look into the legality, look at the ways we can address it. We're still not there. We still can't answer some of the questions on it, but I think we've made some progress enough so that we wanted to bring the issue to your attention, bring it to communities' attention, try to look at how we address these issues, and then come back to you in November at transportation workshop that we have structured -- excuse me -- in December, that transportation workshop, with some Page 205 May 13,2008 further information after we hear what input that you have for us today and obviously as we start getting out into the community when we get some more information. With that, I'd like to have Bob Tipton just introduce the consultant and the attorneys that are working with us, outside counsel, but then give you a brief overview of what they've looked at at this point, then we're open to any questions. As I said, it's an informational item. We can't answer a lot of the questions right now in the particulars. More, we're talking about the concept and is it something we explore further. But I appreciate your time, and I'll ask Bob to produce the contractor and the outside counsel. MR. TIPTON: Thank you. For the record, Bob Tipton, traffic operations director. And I am here to introduce Susan Joel of Van us, Incorporated, the consulting firm that we used for this project, and their outside counsel, Jim Dye of Dye, of Dye, Deitrich, Petruff, and St. Paul. And Susan, if you'd begin the -- MS. JOEL: Good afternoon. I'm Susan Joel with Vanus. I'd like to take you through the presentation. Mr. Feder has gone through several of the ideas that we include here, but we'll do it a little bit slower so you can see what we've been looking at for about the last year on these convenience signals. CHAIRMAN HENNING: You can do it as fast as you can get done. How's that? MS. JOEL: Okay. CHAIRMAN HENNING: Not slow, fast. MS. JOEL: Okay. A convenience signal is -- because this is a new terminology. And this is basically the definition of it. It's an existing or proposed traffic signal that serves private developments without interconnectivity to the public roadways. It's basically for the convenience of those users on the side streets. And it has a maximum Page 206 May 13,2008 of two publicly owned legs at the intersection. The next slide shows a sample on the left of a public signal, two public roadways intersecting, and on the right, a, what we would have coined a convenience signal type. That's at Bed, Bath & Beyond on Pine Ridge Road. Why are we considering convenience signals? The effect of the convenience signals are: Lost capacity on county roadways. I think we're all familiar with, we try to take those roadways to and from work where there are the least number of signals because the capacity is constrained with the more signals there are. County incurs signal operating and maintenance costs with signals. The public incurs additional delay and wasted fuel consumption. To determine what that lost capacity is, it's basically the service volume of the roadway without that signal minus the service volume with the signal divided by the original service volume. That becomes a percentage. This is the DOT level of service capacity roadways. If you look at some of these highlighted numbers here, this shows the service volume of a six-lane divided roadway where there are no signals. As you'll see, that's a daily, approximately 93,000 capacity. As you start to add signals, you see this is approximately 0 to 2 signalized intersections per mile on a road with -- roadway segment to decrease at approximately 50 percent. And as you add more signals, it decreases even further, and that's where we're coming up with the idea that the capacity is actually reduced as you add signals. This table here we did an interpolation of the DOT table where it basically divides it out into quarter-mile signal spacing, what that service volume would be, because typically signals are placed on no less than a quarter-mile signal spacing. Lost capacity conversion calculation. How do we actually calculate this factor? Well, the DOT Generalized Level of Service Page 207 May 13,2008 handbook says the area of influence of a signal is approximately half a mile, which would be about a quarter mile in each direction on the main line. So that would be our lost capacity, the formula we went through before, times the half mile that's impacted. As we know, you sit in a queue when you get to a signal -- unfortunately you sit there on the main line -- times the approximate $8 million per lane mile, and that amount would be divided over a 20-year life of the roadway, and this could be a potential means of coming up with an annual cost of what these convenience signals are increasing to the average motorist. The signal operating and maintenance cost, as Mr. Feder talked about, their power costs at each location. The routine maintenance, the repairs, the signal system hardware or A TMS hardware, and the staff time. Public delay and wasted fuel. This was an interesting concept to figure out how much is really wasted out there of the users time and fuel when you're sitting there at a signal. So we did the analysis assimilation using Airport-Pulling Road, which has six convenience-signal type intersections, and Pine Ridge Road, which had five. And we analyzed just the p.m. peak hour, which is typically when the people are coming home from work during the p.m. peak hour, and we came up with 19 hours of delay is caused by one convenience signal and 25 additional gallons of fuel. So we analyzed with and without that signal, and this was the average that we came up with using those two arterials. The calculation of the cost to other motorists for the one p.m. peak hour, based on those values, comes up with -- using a-- approximately $21 per hour rate of delay, would be about $394 an hour. And if you look down at the footer, it's based on national rates of 1460 per personal vehicle time, an average of 1.3 people per vehicle. Page 208 May 13,2008 And as I said, you just analyze the p.m. peak hour. You know that these signals are causing delay all day long, but we just looked at the worst time of the p.m. peak hour. And the 25 gallons of fuel. As we know, that gas rate of3.57 has probably increased since we put this PowerPoint together. So that comes out to approximately $500 an hour of the cost of delay and fuel during one p.m. peak hour out there. Does such a convenience signal fee already exist anywhere, which Mr. Feder had mentioned. We contacted, in our engineering research, the Transportation Research Board, the Federal Highway Administration, and the Institute of Transportation Engineers, and we were not able to find that such a fee is in place nationally. Legal research was conducted by Mr. Jim Dye. He contacted the Florida League of Cities and the American Institute of Certified Planners, and he, too, was not able to find such a fee that exists. Our research determined that no such fee does exist and such a fee is legal. And it is legal because it is a user fee and user fees are charged for a service. The service must be a special benefit to the user, similar to a convenience signal is a special benefit to those private users. They are voluntarily. They have the option to not use the service to avoid the fees. A user fee is not a tax and is not an impact fee. How could a user fee be determined? Direct costs, as we discussed, signal maintenance, power, installation and operation and maintenance of the IT system, the infrastructure costs, which I went over a little earlier about the loss of capacity which requires additional cost for the roadway. Why consider this convenience signal fee? To recoup the costs incurred by the county in lost capacity fee. These fees could be used to improve the transportation system meaning intersection improvement projects, the annual signal retiming program, the A TMS or the ITS expansion projects. Page 209 May 13, 2008 In summary, convenience signals reduce roadway capacity, they create delays to the public roadway users, the user fee is legal and is a novel idea, and user fee is optional. The convenience signal user fee will benefit Collier County's transportation system by providing funds to recover the roadway capacity, the intersection improvement costs, the signal maintenance costs, energy costs, signal retiming program, and the ITS element, which you're familiar with your SCOOT expansion system. Considerations for you, the board: Would a convenience signal user fee make sense for Collier County in consideration of your transportation system? If so, should it be retroactive meaning, would we look to those existing signals, that are approximately 25, or would we just look at the new signals? Additional considerations for the board: At what level of the cost recovery? Operation and maintenance only, or operations and capacity enhancement funding for intersection improvement projects, say, or full capacity recovery funding as we discussed early on in the presentation using the DOT state tables as a starting point. Considerations for the board: Should this transportation -- should we bring this issue to the December transportation workshop for further discussion? I thank you, and are there any questions? CHAIRMAN HENNING: There are several commissioners that have questions. Are we done with the presentation? MS. JOEL: Yes. CHAIRMAN HENNING: Commissioner Halas, Commissioner Coyle, Commissioner Fiala, Commissioner Coletta. COMMISSIONER HALAS: Thank you. First of all, I want to thank you very much for your presentation. I think this is something that needs to be looked into. I just looked at the website today, and the price of oil just went up to $127 a barrel. I think they're projecting within two years it will probably hit Page 210 May 13,2008 $200 a barrel. I think our problem is is that we've expanded these roads to six lanes. Now we have to figure out how to make them more efficient for not only the people that travel back and forth to work, but also for the commercial aspect of the delivering products to stores, because I think this is all going to have a great effect on the overall cost of the products that the consumer's going to buy. And as we know, if the price of oil goes up, obviously the price of electricity's going to go up. The price of everything else is going to go up like paint to paint the cross arms and maintain the lights. So I really believe that we have to look at this. And when I look at the overall chart, I see that even in my district, we have probably the most amount of these convenience signals. If people want these and they're at a gated community, I think there should be some type of a fee that they pay to keep these installed, especially as we look at the cost of doing business here with the cost of oil. And we're not dealing just with a market here in the United States. This is a worldwide market of petroleum products. And so long as the economy is driven on petroleum-based industry, then I think we need to look at this very carefully. And I think that hopefully we can discuss this in more detail when we have a workshop. I hope that we go in that direction. But there is going to be a huge amount of pressure put onto us to do something with this -- the lights as the cost of petroleum increases. And even today I'm getting emails about -- that the timing of the lights are too long. I have to sit there and idle for two minutes. And I found that -- I've done a little experiment myself when I get to large intersections such as Goodlette-Frank Road and the Parkway in the morning. I get in the left-hand turn lane and I shut the car offand wait until just about the time the light's ready to change, and then I start the car up. And I found that doing this has lessened my abilities to have to run to Sam's or Costco to put fuel in my car. Page 211 May 13,2008 So it does increase. CHAIRMAN HENNING: There wasn't a question in that. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Just a couple of quick points. Under no circumstances would I ever support the retroactive application of this program. Number two, for every signal that you label as a convenience signal, I can probably develop an argument that it serves a safety -- an important safety function also for those residents. Nowhere in this presentation did I hear anything about safety. Safety is one of the fundamental responsibilities that we have for our citizens. And most of them asked for these so-called convenience signals because they feel intimidated by the flow of traffic on these major roads, and they can't -- they don't think they can get out into that traffic safely without having the protection of a light. There's a serious question here about whether or not we will be able to reach a definition for these signals that gets around that, and so I'm thinking that's going to be a problem. The other question I ask is, why now? We have gone through a major road expansion project, we have built roads, we have traffic flowing better now than it has ever flowed in Collier County . We are experiencing reduced growth. Our projections of future traffic capacities on our roads will naturally be lowered by our smaller rate of growth, and we don't know how long that's going to go on. It might go on for two or three more years. Who knows? And then finally, I can assure you that if we argue that there is a capacity problem on these roads, our citizens have every right to argue, it's not because of my light. It's because you have approved too much construction in Collier County. And that is a -- is a position that I would take with great vigor because every time I have staff come before the Board of County Commissioners and I ask them, is there adequate capacity on this road for this development? Oh, yeah, no Page 212 May 13, 2008 problem. We can handle it. I have seldom had staff come up here and say, you should not approve this development because we don't have the capacity. Now, from my standpoint, I would never even consider supporting a concept of charging people for a traffic light, charging residents for a traffic light, when we have consistently approved development after development after development, by saying, yeah, we've got capacity. There's no problem. Okay? So, I think we're way premature with this, and I think the staff ought to start thinking about, how do you control the growth of traffic on our existing network rather than how you're going to charge citizens in our communities for traffic lights because they impede traffic. I'm not buying it. Okay. MR. FEDER: Mr. Chairman, if I could, I appreciate the commissioners' comments. Some very good issues. CHAIRMAN HENNING: There is some questions of why now. MR. FEDER: And that's what I wanted to try to answer. CHAIRMAN HENNING: Okay, good. MR. FEDER: First of all, why now? Now is because we have expanded our system. We're getting close to being built out with our maximum lane standard of six lanes within the urbanized area. The traffic is continuing to grow. There'll be more and more pressure. I heard the commissioner's position relative to going retroactive, and I understand a lot of that issue because it's very hard to do anything, go back retroactively. But I will tell you there's going to be more and more pressure. Right now only about 15 percent of the signals are characterized -- and I'll go back to some of the other discussion -- as convenience signals today. As you get more and more traffic on our six-lane arterials and we cannot expand them further and new alignments become very difficult, there'll be a greater demand. And that's the point I was trying to make. That demand is Page 213 May 13,2008 coming. We're only now studying it. We're only starting now the debate. Just like we discussed on the pier. We needed to bring that issue out to the community and to discuss it. To the issue of convenience is really safety, we have to look at those issues, and I agree fully. Obviously our job first and foremost is safety. But I need to point out to you that when somebody takes a right-hand turn out and then comes up and has the ability to make a U- Turn at a safe area, even at a signalized location, that is not a safety issue. It is a convenience issue that they cannot come directly out of their development and in the past were allowed to take that change across four lanes, and in some cases six lanes, which we're trying to make sure they cannot anymore, and trying to make it across six lanes of traffic to make a left turn out without a signal. Basically we're trying to directional those for safety, but we're also saying that there are many of these occasions where it's going into a gated community, some gated communities with three signals at gated stops. They are in a situation where they could come out from one, take a right and go around, if their destination was different, in a safe manner. We share the concern. We're never going to recommend anything to this board that we feel is creating a safety problem. To the "why now," as we said, we're coming to you in a transportation forum and workshop in December. This issue is not -- not an item that is well known to anyone. We've been looking at this issue for a while. We felt it was time to make sure the public got a chance to know what we're thinking about and why. Again, we're going to have greater demand for these signals to be addressed. If they meet warrants, do we move on them because they established that convenience and the warrants are met? They will have more impact on the system when we've already six-laned and not new alignments with the capability. We have had difficulty within our budget, and our budget Page 214 May 13,2008 difficulties are growing. We've been encouraged to think outside the box. And the fact of the matter is, we have not been able to implement some of the intelligent transportation system efforts to try and minimize some of that loss of operation efficiency. This is an opportunity to try to bring that forward and say to the general public who stands there maybe 20 cars deep at a light, when one or two people pull out of an intersection -- and understand what can be done to reduce that delay in time and in gas that they incur by operational efficiencies up and down the network. So that's why we're raising it now. I appreciate the concerns about retroactive. From the start we realize that's a very difficult issue on anything we've dealt with. And then the last one I'll deal with is the issue of managing growth. We share that. This board has taken a very strong position on it, and staff has supported that all the way through. Fact of the matter is, we've had some restrictions there, and we've had a lot of development that was previously approved that we've had to deal with. So having said that, I think we've moved and still have a very aggressive growth management orientation and will continue to. But this is part and parcel to that. Once we're built out a lot of the network and we don't have new alignments, you look at it and the issue on concurrency is general capacity. We're not saying that the signals we have right now have taken away that capacity, but they do diminish the capacity. And if we continue to get those in the future, we're going to have problems continuing to respond to the development we previously allowed or that's already vested and we know it's coming. That's the issues we're trying to raise to you. COMMISSIONER COYLE: Well, my final comment to that is, before I am going to get onboard with trying to make citizens pay for the traffic lights at their communities, you're going to have to come Page 215 May 13, 2008 before this board and tell us we should not approve another development that places another car on that road because you have reached your maximum capacity. Now, when that occurs, I'll start listening to taking out some traffic lights. But until that occurs, I don't even want to discuss it, okay? MR. FEDER: I appreciate that. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Some of my concerns: You've told us how much money is spent by the people waiting at lights while they let people out, but you didn't tell us how much money is spent if there was no light there for people trying to get out of a shopping center or trying to get out of their home development, especially now without a light. The traffic is moving at 45 miles an hour, and so it's hard to dart out into traffic. Nor did you calculate in that figure how much the accidents would cost the people who are trying to dart out in front of the 45-mile-an-hour cars because there's nothing to stop them at different intervals. I would have loved to have heard that. I think health, safety, and welfare is a very important component in this, and I don't think that it's figured in here right now. I would like to see that. I thought of another way to possibly do it. We already make the people pay for the lights, and that's what, $500,000 a light or something like that? And we already make them pay for it, chip in on it, half of it, or whatever -- MR. FEDER: It's about 150,000, and some of them have -- and we've been trying to seek that for the initial installation. COMMISSIONER FIALA: I know that we get that money from them. So now after we make them pay for the light, then we're going to make them pay for the operations through something like this. Why don't we just assign that job to them so, for instance, if the mast arm needs painting -- and they could probably get it done, especially at Page 216 May 13,2008 Wal-Mart. They could haul some of their own people out and paint it themselves or something, save themselves money so they don't have a regular -- or if it's -- unless it's looking for a steady flow of money into the transportation department, then that would be different. But if you're just trying to relieve that responsibility of taking care of that -- and as we discussed in my office, maybe even hook up that electricity from that particular light to their electric bill, and so then they pay for it themselves. Maybe we could -- rather than charging them a fee which might be a lot higher than they could do themselves, try something like that. And then if we -- and it says here that if we don't -- if they don't want to pay for it, then it's their oblig -- you know, it's their choice not to pay for it, but then we'll take the light out of there. So if we take the light out of there, do we pay them back the money that they paid for the light in the first place? MR. FEDER: We may have an issue there, and we'd have to go into modification. But also, if the issue was only perspective as opposed to retroactive, that wouldn't come into play necessarily either. In other words, ifl'm only looking at new development if, in fact, it's only going to be convenience signal and we don't have the agreement, based on ongoing costs at whatever level this board has said they find it feasible -- COMMISSIONER FIALA: I can see some of the lights are more of a convenience than others. There are some that are actually -- MR. FEDER: I think we-- COMMISSIONER FIALA: -- kind of preposterous really. MR. FEDER: I think we heard that we have to make sure we understand that definition fully and bring that as part of what we bring back to you in December. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've been listening to the Page 217 May 13, 2008 argument going back and forth. And there's some things that are-- that Mr. Feder's trying to relay to us. I mean, he's trying to make plans well past today. He's looking at the situation, what it's going to be. Right now at this point in time, I haven't had a complaint in roads in months. It's been a long, long time, where I used to get 10, IS of them a day. But we've reached the point now where everything is working well, but it's not going to remain like that forever. God knows with the turnaround of this economy, we're going to have it pick up again. He's the forward looking to try to see where we're going to come up with a revenue stream to be able to reach down and be able to take care of this future need. Commissioner Coyle's right to be concerned. You know, we're not at the problem. The problem isn't there now. It's around the corner; might be another four, five years from now before we get to that point. But he's trying to come up with a funding mechanism that will be a little more predictable than impact fees and other ways to do it. It's deserving of some consideration. But of course, every reason that was brought up here for thought of why it shouldn't happen, there's another reason to also consider it. However, there's another aspect to this that, to me, weighs even more into it. When the roads are crowded and you're moving from point A to point B, there's a certain factor, the time factor that the average person's going to lose. That time factor on any given road -- maybe there might be an increase of travel time of 15 minutes going one way. N ow, if you multiply that with the return trip, you've got a half an hour. And if you multiply that times the number of people that are on the road in the course of the day, now you've got time that's going to equal into the thousands and thousands of man-hours, time that people Page 218 May 13, 2008 could spend at a time. Everybody's making a small contribution of a half an hour a day. But in totality, it comes out to lifetimes that are lost. So somehow we have to keep that factor in mind too as we're moving forward. We did some equations way back when we looked at the overpass and we were trying to rationalize out where we were going to be as far as the savings was going to be in time, and I can't remember those studies. But they were very helpful. And I hope when we do bring it back that we can see that. I think the public would have a much better grasp on it. Dollars and cents means something to them, but it can be lost. But if you get really personal and you say, this would be what it would mean as far as the savings in your personal time, you might be able to stay a little bit later at home in the morning before you have to leave, and you'll get home a few minutes earlier. And when you start to add that into the equation, then you might have the public buy in. MR. FEDER: Appreciate that. Commissioners, as I said, it's an informal item. We're not asking for board action on it. I appreciate the guidance we've gotten. We'll come back to you in December with a lot more details and obviously to answer a number of issues you've raised today. We are going to try, once we get a little more of this pulled together in analysis, to also try to get some feel from the public. That's part of why we've raised it today. CHAIRMAN HENNING: We're not sure, Mr. Feder, if we're bringing it back in December. MR. FEDER: Okay. CHAIRMAN HENNING: We need to get a motion on that. But this was a bid and it came to the Board of Commissioners for this. How much was that for? MR. FEDER: Excuse me. CHAIRMAN HENNING: The bid for the consultant and the Page 219 May 13,2008 legal staff? MR. TIPTON: Fifty-seven thousand dollars was the original, and that included counts and such. CHAIRMAN HENNING: Okay. Was that last year it came to the board for approval? MR. TIPTON: It was -- I don't think it came to the board. It was less than what, $90,000. It was a work order under ongoing annual contract, studies contract. CHAIRMAN HENNING: Okay. You have up to $50,000, then you have to come to the board. So this wasn't a bid; it was a work order? MR. TIPTON: Correct. CHAIRMAN HENNING: That's the difference. It was a work order, not a bid. Okay. Do you feel that this will increase the capacity on the road, increase the level of service on the road if we -- MR. FEDER: If the funding source allows us to go into some intelligent transportation system, we could possibly increase capacity. The main reason we're raising it is to see how we address upcoming further demand that we feel is going to come. For additional signals, it will pull away capacity over time. Also I need to characterize that 57,000. The bulk of that was doing studies of traffic for your upgraded signal system, as well we used Vanus to try and help us on the study and review the literature and the like. CHAIRMAN HENNING: Well, don't tell Commissioner Coyle it might increase the capacity on the roads because then we can approve more development because we'll have that capacity. MR. FEDER: Thank you. CHAIRMAN HENNING: We'll keep that a secret. The -- you know, I really believe what we need to do is properly place the uses in Collier County. There are traffic lights out there that Page 220 May 13, 2008 were warranted because somebody got in an accident. It would be a shame that we would have to allow our public to have to pay for it so they don't have to get in an accident in those certain cases. I think it's going to be very, very difficult for somebody to come up with a formula of who gets -- you know, gets out of jail free and who doesn't. And to me, I don't want to have the workshop in November (sic). Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Chairman, I can see the headlines of the Naples Daily News tomorrow. Commissioners plan to charge citizens for traffic lights. That's why I advised that this not be placed on the agenda at this point in time. So we have to be very careful about how we do this, and I'm going to make a motion, and that motion is to reject any idea of making citizens pay for the cost of traffic lights except through developer agreements and have the staff concentrate on applying appropriate growth management procedures to making sure that we don't exceed our capacity on our highways or streets. CHAIRMAN HENNING: I'll second that motion. And I also want to say, what is being proposed has already been paid for through people's taxes. COMMISSIONER COYLE: That's right. CHAIRMAN HENNING: So this is actually a new tax ifit is ever approved, and that's why I second the motion. Discussion on the motion? COMMISSIONER COLETTA: Would you repeat it one more time, the motion? CHAIRMAN HENNING: Give staff -- give staff direction for -- to charge people under DCAs, development contribution agreements. MR. MUDD: The motion was to reject any notion -- CHAIRMAN HENNING: Right. MR. MUDD: -- that taxpayers in Collier County, existing or Page 221 May 13, 2008 ones in the future, that will pay for traffic lights, okay, outside of DCA agreements for future development where they contribute to a new traffic light that goes on the particular system and have staff concentrate on efforts to make sure that, from a growth management aspect, we do not exceed the capacities on our roadways because of new development. COMMISSIONER COYLE: That's it. COMMISSIONER FIALA: Wasn't there something about eliminating the discussion in December at the workshop? MR. MUDD: No, that is -- COMMISSIONER COYLE: That kills it. MR. MUDD: That kills it. COMMISSIONER FIALA: Oh, okay. MS. FILSON: So we're going to cancel the December 8th workshop? COMMISSIONER COYLE: Didn't know it was scheduled. MR. MUDD: No, they're talking about something different. CHAIRMAN HENNING: Is it on my calendar now? MS. FILSON: Yes, sir. COMMISSIONER COYLE: Take it off mine. COMMISSIONER COLETTA: I'll come. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I understand where my fellow commissioners stand on this, but I believe that when you make statements that we're not going to have any more growth or infill, I think we're going to get ourselves in a pickle here because the state in their growth management ideas are going to make sure that that they impact the rural -- or correction -- the urban areas more than the rural areas. And I really believe that we should leave the door open so that at some other time we can address this because there is going to be an impact. And I can tell you -- I understand where Commissioner Page 222 May 13, 2008 Henning's coming from. This is an -- a tax increase, but let me tell you, this is where the State of Florida is going. When you decrease revenues via property taxes, someplace else in the system it's got to be taken up. And I believe somebody was talking about cheese in the mousetrap. Well, this is the cheese in the mousetrap. It's the same idea as the state right now is trying to sell our infrastructure. They don't have any money. They've taken away from us. And I think that in the coming years, this particular item is going to come to this board because with the infill that's going to be placed upon us to direct this thing, all of these roads are going to be impacted greatly. CHAIRMAN HENNING: Any further discussion on the motion? (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: Opposed? (No response.) COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-1. Commissioner Halas dissenting. Y .? es, SIr. MR. FEDER: Mr. Chairman, with your indulgence, I appreciate the board's efforts on this. I do want to point out that we are -- my job would be a lot easier not to raise issues that I know nobody else has done around the country. But I will assure you that I'm only doing it to try and make sure we're doing the best we can with the system here. We will continue to look at and think through this, and it mayor Page 223 May 13, 2008 may not ever come back up again, and it won't come up from me at board's direction. But at the same time, I think these are the types of thing I want you to know that your staff is going to continue to try to bring forward to you options and other available items. And by all means, we take your guidance and we'll follow it. Thank you. MR. MUDD: Commissioner, our next item is lOF. CHAIRMAN HENNING: Do we need a break? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Commissioner Fiala needs a break. COMMISSIONER COYLE: I need a break. CHAIRMAN HENNING: Yeah, we're going to take a seven-minute break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #IOF A BUDGET AMENDMENT WHICH WILL ESTABLISH APPROPRIATIONS TO PAY THE CLERK OF COURTS FOR THE ANNUAL COST, INCURRED BY THE CLERK, ASSOCIA TED WITH THE INVESTING ACTIVITY OF THE BOARDS INVESTMENT PORTFOLIO - MOTION TO APPROVE $125,000 (INVESTMENT MANAGER SALARY MENTIONED AT MARCH MEETING) TO THE CLERK - APPROVED Commissioners, this brings us to I OF. This is an authorization of a budget amendment which will establish appropriations to pay the Clerk of Court the annual costs incurred by the clerk associated with the investing activity of the board's investment portfolio. Mr. John YONKOSKY, office of management and budget, director, will present. Page 224 May 13, 2008 MR. YONKOSKY: Good afternoon, again, Commissioners. My name is John YONKOSKY. I'm your budget director. Agenda item number 10F is an authorization to establish an appropriation where the $125,000 a year, that's the cost ofthe clerk in managing the investment portfolio -- you adopt a resolution that says that you -- basically states that you want all of your money returned back to the Board of County Commissioners on a monthly basis. This will eliminate the netting and provide the clerk costs that he is actually putting out for managing your portfolio. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Question? Mr. YONKOSKY, how do you know the actual cost? MR. YONKOSKY: At the report the clerk presented to the Board of County Commissioners he stated that his cost was approximately $125,000 a year for the salary of the investment manager and the Bloomberg service. CHAIRMAN HENNING: What about his -- is there any management cost on his part? MR. YONKOSKY: I do not know that, Commissioner. CHAIRMAN HENNING: Crystal, do you know is there any cost to the clerk's office besides the management of these funds? MS. KINZEL: Commissioner, for the record, Crystal Kinzel with the clerk's office. We weren't a party to the preparation of this executive summary, but it would not include that. I think the estimate that Mr. Block gave at the meeting was an estimate of costs, and we have not calculated those actual costs. CHAIRMAN HENNING: Wouldn't you like the true cost of those? MR. YONKOSKY: Commissioner, the way that I envision that this will work is that we will be invoiced for the costs, and if the costs are significantly greater than $125,000, we'll come back and let you Page 225 May 13,2008 know. CHAIRMAN HENNING: No. The recommendation is the Board of County Commissioners authorize the budget amendment for $125,000. MR. YONKOSKY: Yes, sir. Move the $125,000-- CHAIRMAN HENNING: Why don't we just -- Commissioner Coyle, if you don't mind, approving it for the costs -- COMMISSIONER COYLE: Well-- CHAIRMAN HENNING: -- of these items. COMMISSIONER COYLE: I wouldn't want to do that for the same reason I wouldn't do it even for staff. You know, I hesitate to just tell somebody, you know, bill me for whatever the costs are, because that's pretty much a blank check. I don't see anything wrong with transferring the money of $125,000. If the clerk says, well, wait a minute, here's substantiating documentation that shows it costs more than that, then we can have a supplemental budget appropriation. I'm not -- I'm not at all proposing that we refuse to pay the clerk his fair costs for managing our portfolio. We have an obligation to do that, and I think we should do it. And if 125- doesn't do it, then he can come back and justify the additional cost. MR. YONKOSKY: That's correct. COMMISSIONER COYLE: But at least this gets some money in there rather than us not providing anything at all. MR. MUDD: Yes, sir. John's going based on the slide presentation -- COMMISSIONER COYLE: Okay. MR. MUDD: -- and he basically -- and remember the person that did the audit that came in front -- who I don't remember his name, but I do know he's from Florida State, he's a professor there -- basically said that your cost is $125,000, then they talked about the percentage of the thing, and he said it's a very reasonable rate. He even said it Page 226 May 13, 2008 was low. And that's all we're trying to do is establish that fact, put it out there into the budget. When we get invoiced, then we pay the bill. If it's above 125-, or if it's less than 125-, we roll it over to the next year. COMMISSIONER COYLE: Yeah. Now, the only thing that isn't in this executive summary is your other suggestion that the clerk give back to us any monies on a monthly basis. That wasn't in this executive summary. Is that included -- do you want that included in the motion? MR. MUDD: No, sir. That's part of your resolution. MR. YONKOSKY: Right. MR. MUDD: And that's also something that a judge has decided and we're waiting on the judge's order to basically decide on this particular issue if the interest is the clerk's and/or yours, and the monthly report. We haven't got a signed order from the clerk yet, or from the judge yet, and we're waiting for that -- COMMISSIONER COYLE: So we can't take any action on that part? MR. MUDD: Right now that's still in the court system in order to get it resolved. COMMISSIONER COYLE: Okay. I understood John to say that he was asking us to make that approval right now. So we can't do that. We're only dealing with $125,000, right? CHAIRMAN HENNING: Yes, sir. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Page 227 May 13,2008 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #IOG TO AWARD BID #08-5035, ADMINISTRATION BUILDING (BUILDING F) GENERATOR REPLACEMENT TO SOUTHEASTERN COMMUNICATION SERVICE, INC., TO PROVIDE FOR THE REPLACEMENT AND INSTALLATION OF A NEW GENERATOR FOR BUILDING F ON THE MAIN GOVERNMENT COMPLEX IN THE AMOUNT OF $1,226,635, PROVIDE FOR ADVANCED APPROVAL OF A 15% CHANGE ORDER AUTHORITY, AND AUTHORIZE APPROVAL FOR THE NECESSARY BUDGET AMENDMENTS - APPROVEDW/ 10% CONTINGENCY MR. MUDD: Commissioner, that brings us to our next item, which is lOG. It's a recommendation to award bid number 08-5035, administration building, building F generator replacement to Southeastern Communications Systems (sic), Inc., to provide for the replacement and installation of a new generator for building F on the main government complex in the amount of$I,226,635, provide for advanced approval of a 15 percent change order authority, and authorize approval for the necessary budget amendments. Mr. Damon Gonzalez, your facilities management manager, will present. COMMISSIONER COYLE: Could I ask a question before you start? CHAIRMAN HENNING: Uh-huh. Page 228 May 13,2008 COMMISSIONER COYLE: Why are -- why are we asking for advanced approval of a 15 percent change order authority? You know, how do you know there's going to be a change order? You already got one in your pocket or what? MR. GONZALEZ: For the record, Damon Gonzalez, facilities manager, department of facilities management. On the slide here, we're not asking for the actually change order at this point. We're only asking for the 15 percent contingency. Normally the procedure allows for 10 percent. We're asking for the allowance of 15 percent if needed. COMMISSIONER COYLE: Okay. Now, the executive summary says you're asking for approval of 15 percent change order authority. What you're wanting is a 15 percent contingency amount, the use of which would have to be approved on a change order? MR. GONZALEZ: If needed. COMMISSIONER COYLE: By the board? MR. CAMP: No. For the record, Skip Camp. By policy we already have 10 percent. We're going into a huge project in an old, old building with a lot of underground utilities, a lot of unforeseen conditions. Instead of 10 percent you typically already give us in your policy, we're asking for a 15 percent, just in case we need them. Commissioner, by policy we already have 10 percent. And again, because this is a very old building, a lot of underground utilities, we can't forecast all those unforeseen conditions. So -- and because this is going to go for nine months to a year on a very complicated site and a complicated project, we're looking for IS percent versus your basic 10 percent. MR. MUDD: Commissioner, if you're uncomfortable with that, approve it without the IS percent and -- approve the project and move on. I mean, if we're going to deal with 5 percent, if he gets into that, he can come back to the Board of County Commissioners and he can talk to you about it, what happened to it, particular issue. Page 229 May 13,2008 And we'll even set up a briefing on how the installation's going four months into the project so the board will have an idea, because this is the generator that supplies this building. COMMISSIONER COYLE: Yeah. I would prefer that. CHAIRMAN HENNING: You know, I don't know if you need to do your presentation, but I have some questions. But I'll defer to my colleagues before I do that. COMMISSIONER COYLE: I'm okay. Go ahead. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. I understand where staffs coming from on this. I believe in their executive summary they were talking about that this generator has been in place for over 30 years. And if it's anything like some of our road projects where we don't even know what's underground, I'm sure we've got the same problem with this on campus here, and I can understand where you're coming from on this. And I have a trust in staff that if they don't need it, they're not going to spend it. But I think they're just looking to cover themselves in case we run into some real complications as we install a new generator, trying to figure out whatever else is buried under there, and also if there's been any fuel leakage, because I'm sure that we're going to have to take care of the brown soil there. So God only knows what's under there and what kind of problems we're going to run into. MR. CAMP: And until we unbury that tank, we won't know. COMMISSIONER HALAS: That's right. CHAIRMAN HENNING: But the road projects are 10 percent. They're not 15 percent. I need to understand the uses in this building. Is the Clerk of Court functions going to move over to the courthouse when that building is done? MR. GONZALEZ: Sir, the MIS offices or the -- their data center will remain. Page 230 May 13,2008 CHAIRMAN HENNING: Okay. IT and MIS is always going to be here; there's no anticipation that they're going to move ancillaries? MR. GONZALEZ: Correct. CHAIRMAN HENNING: And this generator is to run the whole building and not just those departments? MR. GONZALEZ: Yes, sir. CHAIRMAN HENNING: Wouldn't it be cheaper to replace the building? I don't understand the bid sheet here. I don't see where it adds up to $1.2 million. Who's going to get the contract? MR. GONZALEZ: Southeastern Communication Services. This is a unit price bid. The first alternate was not accepted. That was for a temporary generator. We incorporated that into another project that's already going on, so that was not accepted. The second line is the unit price. Again, right now we have in the plans for the designated area that the piping and the conduit will be laid out in. But if that needs to change once we get started in the project, we have a set price per linear foot for that so we can adjust, and we've already got the pre-set price so that we don't get taxed on the back end. And that's the same for the next line, which is for manholes. Right now it's designed to be three manholes, but once we get into the project, if there's a need for a fourth, we've already got a set price that's already been bid out, so we don't have to go into negotiations to figure out what the price is going to be for that change order. CHAIRMAN HENNING: Is -- does this include permitting and inspections costs? MR. GONZALEZ: Yes, sir, yes, sir. CHAIRMAN HENNING: This will have to be just inspected by Collier County? You have to get permits just from Collier County? MR. GONZALEZ: Yes, sir, the fire department also. CHAIRMAN HENNING: And the fire department. Page 231 May 13, 2008 COMMISSIONER COYLE: Oh, you'll never get approval. CHAIRMAN HENNING: Well, we can give that money to the clerk and collect interest on it. Okay. Thank you. Any other questions? (No response.) CHAIRMAN HENNING: Entertain a motion? Motion to approve with a 10 percent contingency. Is there a second to the motion. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Second to the motion. 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: Opposed? (No response.) CHAIRMAN HENNING: Carries. MR. GONZALEZ: Thank you. Item #IOH RESOLUTION 2008-147: THE CHAIRMAN TO SIGN A FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT APPLICATION FOR A RECREATIONAL BOATING CHARACTERIZATION STUDY TO THE COASTAL ZONE MANAGEMENT DEPARTMENT TO BE Page 232 May 13,2008 AWARDED FUNDS IN THE AMOUNT OF $80,000 - ADOPTED W/STAFF DIRECTION MR. MUDD: Commissioner, that brings us to our next item, which is lOH, which used to be 16D9, and it reads, a recommendation to approve and authorize the chairman to sign a Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program grant application for a recreational boating characterization study on the coastal zone management department -- to the coastal zone management department, to be awarded funds in the amount of $80,000. And Commissioner Henning asked this item to be moved to the regular agenda. CHAIRMAN HENNING: Yeah. I'm going to make a motion to approve, but I want to recognize and give guidance. This issue is going to be another issue of an LDC amendment, or like the LDC amendment, and there was a stakeholders group that originally did the Manatee Protection Plan made up of environmentalists and the boating community, and I would request the staff, when you start getting a contractor to do that, get everybody together, tell them what is being proposed because of data and -- before it comes to the board so it's a lot easier to the board. Is there a second to the motion? COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. 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? Page 233 May 13, 2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Motion carries 4-1. Thank you for your patience today. Item #101 RESOLUTION 2008-148: 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 OF OLDE CYPRESS UNIT ONE - ADOPTED MR. MUDD: Commissioner, the next item is 101. It used to be 16A14, and it reads, the recommendation -- no, excuse me. 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 I, Olde Cypress PUD. The reconsideration was at Commissioner Henning's request. The item was asked to move from the consent agenda to the regular agenda by Commissioner Coletta. MR. CHRZANOWSKI: Good evening, Commissioners. I'm Stan Chrzanowski with the engineering review department, and Keith Gelder is with Stock Development, and we are here to answer any questions you might have. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: In may, I make a motion for approval. The reason I pulled it is that I thought it was inappropriate for an item like that to be on the consent agenda. It should have been open for discussion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: We have a motion by Commissioner Page 234 May 13, 2008 Coletta, second by Commissioner Fiala to approve. We have two public speakers. MS. FILSON: I have two speakers, Mr. Chairman. Rich Y ovanovich. MR. CHRZANOWSKI: He left. He couldn't stay. MS. FILSON: Okay. And Keith Gelder. MR. GELDER: Waive. MR. CHRZANOWSKI: He waives. CHAIRMAN HENNING: Okay. Commissioner, I guess for clarification on these items in the future, why was it inappropriate to put this on the consent agenda? COMMISSIONER COLETTA: Well, a reconsideration, we have already made a determination how a vote would come down, so a reconsideration is quite a bit of a spin difference than just a regular item that may have no opposition. The reconsideration was totally different. You know, it doesn't fit into what I would consider the consent agenda. It's -- consent agenda is something that has no objections to it. And this is where I was having a problem with the whole thing, and I wanted to bring it up for discussion to be able to level the playing field in the future. If my fellow commissioners don't agree with that, then I'd like to hear from them. CHAIRMAN HENNING: Well, maybe it's a misunderstanding of the item on the agenda. This was not actually a reconsideration item. COMMISSIONER COLETTA: I'm sorry. The one on -- go ahead. CHAIRMAN HENNING: This was on the agenda prior. The board approved it with modifications. There is some clarification. We got more information from Stock Development. I had an item on the agenda two meetings ago that was the reconsideration. COMMISSIONER COLETTA: Okay. Then forgive me, Page 235 May 13, 2008 Commissioner Henning, because I seen the word reconsideration, and at that point in time I just thought it was inappropriate for it to be there. That's the only reason I pulled it. CHAIRMAN HENNING: Okay. So -- yeah. So I guess it's an understanding, just reconsideration items need to be on the regular agenda. COMMISSIONER COLETTA: Right. CHAIRMAN HENNING: This is not reconsideration, so-- COMMISSIONER COLETTA: Okay. 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: Opposed? (No response.) COMMISSIONER COLETTA: Good work. CHAIRMAN HENNING: Motion carries. MR. CHRZANOWSKI: Thank you. COMMISSIONER COLETTA: Carried the day again. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, the next item is -- nice presentation, Stan. The next item on the agenda is public comments on general comments. Ms. Filson? Page 236 May 13,2008 MS. FILSON: I have one speaker, but I don't see him. Kenneth Thompson? MR. MUDD: He already talked to me, and I have the particular items that he wants to take a look at. MS. FILSON: That's your final speaker. Item #12A RECOMMENDATION THAT THE COUNTY ATTORNEY DEVELOP AND ADVERTISE AN ORDINANCE THAT REPEALS AND REPLACES ORDINANCE NO. 74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE UNINCORPORATED AREAS OF COLLIER COUNTY - MOTION FOR COUNTY ATTORNEY TO WORK WITH SHERIFFS DEPARTMENT TO ADDRESS THE HOMELESS ISSUE - APPROVED MR. MUDD: The next item on the agenda is 12A. It's a recommendation that the county attorney develop and advertise an ordinance that repeals and replaces ordinance number 74-7 with an ordinance prohibiting camping in the unincorporated areas of Collier County . Mr. Jeff Klatzkow, the county attorney, will present. CHAIRMAN HENNING: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, second by Commissioner Coyle. MR. KLA TZKOW: I think there's at least one speaker you should hear, if not more. COMMISSIONER COLETTA: Yeah, Commissioner? CHAIRMAN HENNING: Yeah. Page 237 May 13, 2008 COMMISSIONER COLETTA: If I could, we have the Sheriffs Department here. And I'll tell you what some of my concerns are, and maybe what he might be able to help me with. I think it's a wonderful ordinance. If it's enforceable, let's go for it, because I'll tell you right now, the vagrants that are out there, forest fires that exist, the crime that comes forward is a real problem. It's not a good situation; however, with that said, what are you going to do with the people that you remove from these lands? MR. BAKER: Good. COMMISSIONER HALAS: Put them in jail. MR. BAKER: Good afternoon, Commissioners. Thank you. My name's Mark Baker, for the record, with the Collier County Sheriffs Office representing Sheriff Hunter and our agency. In reviewing this agenda topic by the commission and the county attorney, we were unaware as the Sheriffs Office that we had a problem with camping in the unincorporated area of Collier County. Now, we do have a problem with trespassing and we have a problem with homelessness and we have a problem with vacant foreclosures and blight that may lead to criminality. But in review of the plan with our legal today -- and this is the first time we received a packet today as far as legal staff goes -- we're concerned about the language contained in the ordinance from Orlando that you're looking at adopting. The burden of proof is still going to fall back on law enforcement, and the City of Orlando's ordinance specifically deals with public property on the case that they won on appeal. I think what you're trying to propose is not going to -- is going to have some unintended consequences in certain areas of the county of people camping, including on property -- private property where they have permission to be there from the landowner. It's going to put some of the burden of proof back on the Sheriffs Office for enforcement, and we're going to be creating -- generally bad cases Page 238 May 13,2008 lead to bad law. And in this case of review of the City of Orlando, we're comparing apples to oranges with a more rural type of community than Collier County, especially in the Estates area, presents. The City of Orlando is mostly a concrete community and, yes, people sleeping in areas under bridges, and in public places that create a blight. The City of Orlando also has a homeless shelter that, by their own makeup of what you're looking to adopt under the most used ordinance book, talks about it being private property, talks about how the suspect's in a tent, and it also has to provide them with another alternative place to stay in which Orange County has that facility. It's never been to capacity. They charge a dollar a day. It's, I think, a 500-bed facility for predominantly men who are homeless that they have an option to go stay at as opposed to sleeping in public. So I think by looking at changing the ordinance, we're going to have some unintended consequences to families who are practicing lawful events either on public or private property if we don't qualify. And we're willing to work with the county attorney to try to adopt some language that may narrowly and specifically try to fix the problem we have identified. I don't believe the problem's camping in the unincorporated areas of Collier County. I think the problem is trespassing, which we have state statutes that govern that as well as working with the prosecution from the State Attorney's Office to prosecute people. We have private homeowners out there that -- or landowners that we're trying to contact to get them to properly post their property as per the statute so we can lawfully enforce the trespass ordinance or law. I think that's the issues we're trying to fix. But throwing a blanket over the entire county, I think the commission may be in error by having some unintended consequences. CHAIRMAN HENNING: Commissioner Fiala? Page 239 May 13, 2008 COMMISSIONER FIALA: Yes. It was I who prompted this in the first place, that is because in the East Naples area -- and I can't talk about any other part of the county. But in the East Naples area we have 43 homeless camps. Now, the Sheriffs Office said they would prefer to say over 30, so I'll say over 30 homeless camps. I've been in some of them. In fact, I was just in one two weeks ago that's in the front of my development. And as I stood in that camp, I could see the houses right through -- right through the trees right there. That's how close it is. And that's -- and it's not safe to walk in the neighborhoods when you've got them living right there. We've got -- we've got a camp there. Then one two, three camps right next door to Town Centre, right next door to Rex -- Rex Televisions, stuff like. When you stand in there, you can watch the children playing in the back yards. And it's scary. I don't like to see children that are -- that could be preyed upon. So I talked with our Sheriffs Office, and they said that they can't do anything about it without an ordinance. So I talked to our county attorney, and I said, is there something that we can do to help protect us and to help -- to work with the Sheriffs Office, and he came up with this proposal. And at the time we had an officer say that's exactly what we're looking for. I didn't realize that it wasn't. So maybe we can go back to the drawing board and you can work with our county attorney and put together what we need to do to keep us safe. That's all I'm looking for. MR. BAKER: And those properties that you described are private properties. They don't belong to the government or the county or public properties, which that ordinance that passed the muster in Orlando specifically dealt with public property; and it also, in that ordinance, provided them an option to go off of that public property Page 240 May 13,2008 into a shelter-type facility, which we currently -- COMMISSIONER FIALA: This also mentions private property. It does not mention commercial property, which would be another addition to it. MR. BAKER: And the private properties we're trying to work, some of them are incorporations, LLCs that are hard to get ahold of the actual owner of those properties, and some of them have posted, but most posting didn't meet the proper signage requirement for state law. We have been working with code enforcement to put liens on certain people's property who refuse to clean up those areas that we've identified as a blight or aesthetically not pleasing or health, safety, and welfare issues. And I think if we -- if you would allow me the indulgence -- if we could get another swing at the pinata and maybe try to come up with a narrowly related ordinance that would help us with some of these issues, because the majority of them are on private properties. CHAIRMAN HENNING: Well, how about if I just amend my motion and amend it to give guidance to the county attorney to work with the Sheriffs Department and take care of the vagrants -- vagrancies in Collier County, okay? Is that okay with the second? Commissioner Coyle? COMMISSIONER COYLE: Yeah. It is okay, but I've got some questions and a statement, but I think Commissioner Halas was ahead of me. CHAIRMAN HENNING: Yes. You have some questions of the sheriffs deputy? COMMISSIONER HALAS: I was wondering in your -- as you were laying out the process here, if we directed basically in the urban area and you could say that anything west of 951 be included in this ordinance. Would that help you out? MR. BAKER: Well, again, the burden of proofs going to shift Page 241 May 13,2008 on us. It's not going to come -- I don't believe it will preclude constitutional challenges -- COMMISSIONER HALAS: Okay. MR. BAKER: -- to -- COMMISSIONER HALAS: You answered my question. Thank you very much, sir. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I'm confused, okay. I met with the two officers that you have that interface and work with the homeless people around and try to clean up things and get things moving, and they briefed me on their problem with respect to enforcing our existing no-camping ordinance, which is fairly limited, of course, and the problem of people, homeless people just taking over private property and living there. And the problem was, in many case, yes, you can't find the property owner to find out if they had permission to do that. Well, you intuitively know they don't, but you've got to have some proof. And they informed me that the best thing to do would just be to have an anticamping ordinance for the entire county, end of story, and then make it a requirement that any person camped on that property should have permission from the owner. They have the responsibility to present proof that they have authority to be there. And absent that, those people can be arrested and put in jail, and then they can be used for the purpose of going out and cleaning up the messes that they and their companions have created in Collier County. And in a few days of that, I think maybe you drop them off close to a bus station somewhere, then they'll decide they've had enough of that and they'll leave and go someplace elsewhere where people treat them a little nicer. I'm not at all interested in giving them a place to stay. That's not my interest at all. My interest is to get the hell rid of them. Now, I've told this story to people a dozen times. I was driving May 13,2008 through south Georgia coming back from Chicago one time, and I got off to get gas, and I was coming back on the expressway, and there on the entrance ramp were two homeless guys carrying some plastic bags and some packs, and they were holding a sign that says Naples. They were hitchhiking. They had -- they knew where they were going because they knew that they had a place they could stay and get fed at. And I'm not inclined to encourage those kinds of people to come here. They were coming here for the winter. It was getting cold up north. And I'm not interested in Collier County becoming a magnet for people who want to sleep on public and private property, make a mess of it, create crime, commit crimes, and then expect that we're going to take care of them and provide them a place to sleep and feed them. I know the federal government doesn't agree with me, but I, quite frankly, don't care. I'm not interested in making it comfortable for those people, and I'd like to support whatever will make them uncomfortable to get them out of Collier County. COMMISSIONER HALAS: Are you running for sheriff? COMMISSIONER COYLE: No, I'm not. CHAIRMAN HENNING: Everybody okay with the motion? COMMISSIONER FIALA: Yes. MS. FILSON: You have another speaker, sir. CHAIRMAN HENNING: Oh, I'm sorry. MS. FILSON: Bob Murray. CHAIRMAN HENNING: Mr. Murray, I apologize. MR. MURRAY: Don't know if! want to. CHAIRMAN HENNING: Well, you don't have to if you don't want to. COMMISSIONER COLETTA: No. I've never known him to refuse. COMMISSIONER HALAS: I hope you're not a homeless guy. COMMISSIONER COYLE: Not yet, not yet. Page 243 May 13,2008 MR. MURRAY: Bob Murray, East Naples Civic Association, and the only reason I am now speaking is because I want to make it very clear that this has been the subject of conversation at our board meetings for literally years. And while my heart hurts for people who are, for whatever reason, are in a bad way, we do have an obligation to our citizens who are taxpayers who are good citizens, that they be provided safety. And so I don't have to plead to you. It seems clear to me that you all have the same mind. But I would urge that whatever it is that we will do, we do rather quickly. You're right, I've heard that same story, and not from you, that people do come here because they know that they can do it. And you know, when you see defecation and when you see other conditions that are really not good, it doesn't help our community at all. We work hard to make our community good. Thank you for the opportunity to speak. CHAIRMAN HENNING: Thank you. COMMISSIONER COYLE: And by the way, some of them are sleeping right in the bushes right beside this building. COMMISSIONER FIALA: I know, I know. That's true. COMMISSIONER COYLE: Okay? They're there and they're there more than just occasionally. So it's -- nevertheless. COMMISSIONER FIALA: They have to hose the street down before people could come to their offices in the morning because of the stuff that you find there, and it's pretty sad. COMMISSIONER COYLE: Yes, it is. It is. 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 244 May 13, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Go to reports. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Staff and commissioner general communications. CHAIRMAN HENNING: Do you have any words of wisdom for us? MR. MUDD: Yes, sir, I do. Just a couple of things. Commissioner Fiala, are you going to talk about Brevard County and the space program, because they're asking for a resolution. COMMISSIONER FIALA: Oh, my goodness. I forgot to bring it up. MR. MUDD: Let me start here then. COMMISSIONER FIALA: Thank you. MR. MUDD: Commissioner Fiala got a letter from one of the commissioners from Brevard County. As you know, the shuttle program is about ready to wind down. And in the interim before we get ourselves the next generation of something, there's going to be about seven years where we're going to get to go to the Soviet Union and take their rockets to go to our particular space station. So things aren't necessarily well fleshed out in this particular program. And so Brevard County has asked Commissioner Fiala if she would ask the Board of County Commissioners to support a resolution to maintain the space program in the State of Florida so that we don't just lose that important asset as this thing starts to wind down, Kennedy Space Center, whatnot. Page 245 May 13,2008 CHAIRMAN HENNING: Commissioner Halas has a question? COMMISSIONER HALAS: Who's going to support this moneywise? MR. MUDD: They're asking the federal government on this particular issue. It's a resolution basically asking the federal government to maintain the space program in the State of Florida. COMMISSIONER HALAS: Okay. This isn't going to be -- then turned around and be a federal mandate that comes down to the State of Florida, which then is going to be mandated down to the counties, is it? MR. MUDD: Commissioner, all of this is a request to basically author a resolution that supports their particular program. If the board so chooses and directs, county staff will get the executive summary up to speed, get the resolution to the Board of County Commissioners for their next board meeting. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Quick question. Are you sure that's all there is to it? COMMISSIONER FIALA: That's what the letter said. I think they want to keep the jobs and the buying power here in Florida. COMMISSIONER COYLE: It's my understanding that there is a federal -- there's federal legislation that has been or is in the process of being passed in Washington that governs some of our technology transfers and cooperation with Russia. And it was my understanding that the people from Brevard County were asking us to oppose that legislation so that we could continue to participate in this -- the space program, even going so far as to say that we wouldn't -- if this legislation passes, the Russians would not permit us to use their space station. And so all I'm asking is, are you sure that we have the whole story here and are we getting involved in something that's bigger than what we intend? If it's what you believe it to be, I'm supportive of it. Page 246 May 13, 2008 I just like to make sure that our people have told us the right story. COMMISSIONER FIALA: You bring up a strong concern. You know, I'm just looking at it at face value. COMMISSIONER COYLE: Yeah. COMMISSIONER FIALA: I didn't look deeper. COMMISSIONER COYLE: I don't know how to get to the bottom of that. I would have to dig through a lot of documents I've read over the past several weeks, and I don't know if I can come up with the specific site, but that's my recollection of what I was reading. And I don't know if somebody has any information on that. MR. MUDD: Commissioner, I will-- I will tap our federal legislators -- federal lobbyists and get to the bottom of this particular issue, if there's any hidden things that we don't know about, and to also ask them about the commercial orbital transportation services program, because they talk about cots in here. COMMISSIONER COYLE: Okay. MR. MUDD: I want to make sure that the cot's capability D and get a little bit more into that particular issue, and I will provide that backup documentation with this executive summary, so ifthere's any COMMISSIONER FIALA: Would you provide him a copy of that as well? Would you provide Commissioner Coyle a copy -- all the commissioners a copy of that letter as well? MR. MUDD: I don't have the letter, you do -- COMMISSIONER FIALA: I do. Okay. MR. MUDD: -- in the back, but I copied the -- I had them send me a copy of the resolution. COMMISSIONER FIALA: I'll get it copied to them. COMMISSIONER COYLE: So the only thing you have is the copy of the resolution itself? MR. MUDD: Yes, sir. And Commissioner Fiala received a letter that's asking for Collier County's support. And what we'll do is, Page 247 May 13,2008 I'll get with our federal lobbyist, okay, and we'll track this thing down the best we can and see ifthere's any hidden hook, sir. COMMISSIONER COYLE: You know, sometimes things aren't what they seem. But if it's what's been presented, I'm supportive of it, so there's no big deal. But I'm concerned there's something more to it. MR. MUDD: Okay, sir. And we'll do background to make sure there's :..- and if you could find that article you were reading, that would help, too, sir. COMMISSIONER COYLE: Okay. MR. MUDD: The next item -- so board direction, executive summary, backup documentation on this particular request from Brevard County next time. We got a query from the school superintendent asking about a proposed referendum for the August, 2008, primary ballot. Our county attorney has done some research. And I've also had conversations in my conference room with the Supervisor of Elections Office. And basically what they're going to do is -- and I will make sure that I have the opinion from the attorney attached when I get the request. They will pass -- I believe they will pass an action to have a referendum on the August, 2008, ballot that -- asking the voters of Collier County whether they would like to approve the reallocation of a portion of the district's ad valorem revenue from its capital fund to its operating fund. That will come to you. The statute's pretty clear. They could go to the Supervisor of Elections and get it done that way and/or come to the Board of County Commissioners. We believe in the exercise of due process and extreme caution so it isn't challenged, that they come before the Board of County Commissioners with this particular request. I will also state to you that the Florida Statute doesn't really give you a lot of options except to approve it and move it to the Page 248 May 13,2008 referendum. But I wanted to make sure that you're aware of that, that ifthere's any kind of -- no, I'm serious. That's exactly what it says. And it says, finally the resolution adopted should direct the Board of County Commissioners to call an election on the measure according to the attorney based on the statute. I just want to bring it to your attention because I don't know what kind of conflict that's going to cause when it gets heard by the school board, okay. And I don't want you to get caught up in it. But I'll let you know that they're going to bring it forward. This isn't one of these things where you're going to wrestle with that particular option. That's for the school board to do. But in order to get to the ballot, they've got to come to the Board of County Commissioners. COMMISSIONER FIALA: Will you copy us on that letter? MR. MUDD: I will -- I will give you -- I haven't got the letter yet. I got a phone call, but I will have this opinion by the county attorney as part of that packet when we get it, ma'am. COMMISSIONER FIALA: Great. MR. MUDD: I can give it to you ahead of time. COMMISSIONER FIALA: Great. Thank you. MR. MUDD: But I wanted you to be aware of it so that you don't -- well, what do you think about this referendum? And you're going, what referendum and why am I involved? That's why you'd be involved. The board basically directed me to contact the chairs, City of Naples and the school board, to talk about meetings with the chairman, myself, and the chairmans and either the superintendent or the city manager. I have received positive answers back from the City of Naples and the superintendent, and I'll meet with the chairman and we'll start setting up some draft agendas as we meet on a regular basis with those particular folks, and we'll get through that. But you directed it. We sent it out there, and each one of the bodies has approved that that Page 249 May 13,2008 meeting will transpired. That's aliI have, Mr. Chairman, Commissioners. CHAIRMAN HENNING: Thank you. County Manager -- oh, by the way, County Manager has a -- his daughter is graduating from college as a medical center, and -- MR. MUDD: Medical school. CHAIRMAN HENNING: And congratulations. MR. MUDD: Thank you very much. COMMISSIONER FIALA: Yeah. (Applause.) MR. MUDD: Then I could always say, is there a doctor in the house, and yeah, there is one. COMMISSIONER FIALA: And there will be. CHAIRMAN HENNING: A doctor and an engineer. Mr. Klatzkow. MR. KLATZKOW: Yeah, a brief matter. I'm trying to change the culture of the County's Attorney Office. One of the issues I've noticed is during our Friday staff meeting before our board, I'll go through items and I'll ask, whose item is this, and I'll get a dead silence. And then I'll say, well, there's a legal considerations here, who wrote it, and there's dead silence, and it turns out that the legal considerations was written by a staff member, and our office hasn't seen it yet. It would be helpful -- and this is a long-standing practice in the county, and I'm not criticizing anybody for it. What I'd like to do is change that practice, and if we could, have all legal considerations written by the County Attorney's Office, and the county attorney who is responsible for that matter will put their initials by those legal considerations. CHAIRMAN HENNING: Yeah, I actually talked to Jeff about this. When I go through the agenda, and I start reading it, okay, what are the legal ramifications of this? And when I see it written, I always Page 250 May 13, 2008 question whether -- you know, are we getting legal -- proper legal advice. And I would love to feel good about the items, that they were reviewed by the county attorney. If they're blank, then I know that they haven't reviewed it ifthere's something in there. I know that they, you know, either support it or have concerns. So yeah, I -- COMMISSIONER FIALA: I know, when I read legal sufficiency, I always think that they've seen it. I didn't realize that it's written there but they hadn't. So I'll feel a great comfort level with that. CHAIRMAN HENNING: Good. You've got support of the board, unanimous. MR. KLATZKOW: Thank you. COMMISSIONER COYLE: Five nods. CHAIRMAN HENNING: Unanimously. Mr. Klatzkow, anything else? MR. KLATZKOW: No, sir. CHAIRMAN HENNING: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Nothing at this time. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Nothing. CHAIRMAN HENNING: I have a couple items. The settlement agreement between Pebblebrooke commercial development and the Board of County Commissioners was on this agenda. I had some indications from a third party that we may be able to settle all issues. Now, I'm trying to contact somebody. I never got a return phone call. But my commitment is to put that item back on the agenda. In other words, right now we're in the courts with Stevie Tomato's, and there's a possibility that that lawsuit might go away. MR. KLA TZKOW: Yeah. And we've told them that their time to answer to the lawsuit has been stayed pending these discussions Page 251 May 13,2008 because we don't want to run up anybody's legal fees. CHAIRMAN HENNING: All right, okay. And the next item, Susan Istenes's interpretation about setbacks from the preserves is being challenged. The person challenging -- the law firm challenging it is asking for a two-day hearing on that item. And I think -- I think it's a thousand-dollar fee for a challenge of an interpretation. That -- there's no way that that thousand dollars would even take care of the cost of our staff time for two days. COMMISSIONER COYLE: They want to come here for two days? CHAIRMAN HENNING: They want us to sit here and they want to argue it for two days, and we need to get -- we need to send that person a letter and try to get some reasonable time frames on this. Mr. Klatzkow, what-- MR. KLATZKOW: Yeah, we're in the process of researching it. They will not get two days, but we want to make sure that there's adequate time, and there will be a letter sent out, together with the procedures. We're putting that together. COMMISSIONER HALAS: Maybe two hours. CHAIRMAN HENNING: There's also some other demands, and I forget -- oh, they want to have the ability to sequester. That's not-- MR. KLATZKOW: They wanted to subpoena witnesses. CHAIRMAN HENNING: Subpoena. MR. KLATZKOW: There's no procedure for this board to order a subpoena. That's something that comes out of a court, not from a county commission. So we told them that -- COMMISSIONER FIALA: Jack up the fee. MR. KLATZKOW: -- we just don't do that. CHAIRMAN HENNING: Yeah, I don't know. Ijust -- I'm a little concerned about the request or the demand. I don't think it's reasonable, and I'm glad you've got it under control. MR. KLATZKOW: Yeah. Page 252 May 13,2008 CHAIRMAN HENNING: That's aliI have. COMMISSIONER COYLE: Mr. Chairman, could I just ask a question about that? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: Why do we have to have a separate procedure for them? Why can't they come injust like anyone else does on an appeal of one of our staffs decisions? MR. KLATZKOW: Just to set the format straight, who gets to start, who gets to second, whether or not there's a time for rebuttal, how much time each side should get. Just figuring out the proper procedures because we don't want to get challenged on appeal and lose something on a due process question. MR. MUDD: Commissioners, last time you did one of these was Camp D'Antibes. Okay. COMMISSIONER COYLE: I remember that. MR. MUDD: I remember that, and -- MR. KLATZKOW: They're trying-- MR. MUDD: -- and it split, if you remember, went 2/2 that particular day. So it was an interesting time. But the last time -- and there was procedures, how many minutes for the speaker, then how many -- or for the challenger, how many for your zoning director and then a rebuttal -- and then a rebuttal time, and then there's always public speakers in this particular issue. COMMISSIONER COYLE: I remember that. I was chairman at that point in time. COMMISSIONER FIALA: And I remember at 11 o'clock that morning, you said to the audience, I can see that we've gotten all the information. Everybody else is just going to repeat it. I know that we all know already how we're going to vote. Why don't we just call for the vote, and they insisted to continue to talk for the rest of the day. COMMISSIONER COYLE: They took hours, that they knew that one of the commissioners was leaving. I kept telling them, the Page 253 May 13,2008 commissioner is leaving. We need to get this done before we have to take a vote, and they sat there and talked and talked and talked all afternoon. COMMISSIONER FIALA: Yep. COMMISSIONER COYLE: And that wound up costing everybody a ton of money in legal fees. It could have been solved very quickly. COMMISSIONER FIALA: At 11 o'clock that morning. COMMISSIONER COYLE: Yep. MR. KLATZKOW: And just as a side. One thing the board may want to consider -- and we don't need a decision now -- is to do this on the Wednesday after the board meeting so it doesn't muck up your schedule for the regular meeting. MR. MUDD: And what day are they talking about, Jeff? MR. KLATZKOW: This is going to be in June. I think Susan set this for the last meeting in June, 24th. COMMISSIONER COYLE: You'll only have four . . commISSIOners. COMMISSIONER FIALA: June 24th? CHAIRMAN HENNING: Okay. That's all I have. Commissioner Fiala? COMMISSIONER FIALA: Yeah, June 24th -- are you trying to do this then on June 25th after the June 24th meeting? MR. KLATZKOW: That's just a suggestion so it doesn't interfere with the rest of your schedule. COMMISSIONER FIALA: Yeah, I think I'm gone then. MR. MUDD: I think it will. I believe the F AC annual thing starts on that Wednesday and goes through that Friday, so -- and it's on the Miami side if! remember correctly, so I'm just letting you know. MR. KLATZKOW: Okay. COMMISSIONER FIALA: Okay . Yes, I just wanted to bring Page 254 May 13, 2008 up something, something that has been bothering me for a while, and that is a long time ago, last year, we had the bid on our office supplies, and Corporate Express, I'm -- I made note that the bid process was honed so the Corporate Express took the bid, and then we brought it back, and I said to make sure that 61 percent -- that we got the 61 percent they promised. Since then I -- it came to my attention back in our own office that we had trouble getting supplies and they weren't supplying us the same stuff and they were charging us more, and it was harder to get the supplies. So I started -- I talked with the clerk's office, specifically Crystal Kinzel. I didn't realize that they were well aware of it and they were having problems trying to verify some of the costs. They were trying to compare. They were trying to see where the 61 percent is. Things weren't on the list. So Crystal has prepared a report. I sent it to the county manager. And I wanted him to see it as well. I didn't want to pull any punches on this thing. But I would ask that we -- that we pursue this and get a full report on this, because I think that we're costing the taxpayers a lot of money for some kind of a feud that is going on between our purchasing department and Marco Office Supply, and so they're going to take somebody else rather than get the best price. And I just do not understand it. If you'd like, I will copy you all on this report. It's very revealing. I will do that. CHAIRMAN HENNING: I have a copy. COMMISSIONER FIALA: Do you? Okay, good. CHAIRMAN HENNING: Yeah. In fact, I'm going to bring something up in the next agenda, and I'm going to use that. Anything else? COMMISSIONER FIALA: Nope. That was it. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I have nothing to add, thank Page 255 May 13, 2008 you. CHAIRMAN HENNING: But we need, one more item, and we need an item -- we need a motion to adjourn. COMMISSIONER COLETTA: Motion to adjourn. COMMISSIONER COYLE: Motion to adjourn. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There is a second. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: We're adjourned. ***** ****Commissioner Coyle moved, seconded by Commissioner Halas and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** (Commissioner Coletta opposed) Item #16Al FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITY FOR COLLIER SEMINOLE STATE PARK - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR SABAL BAY COMMERCIAL PLAT, PHASE 3 - WITH Page 256 May 13,2008 RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A3 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR V ANDERBIL T BEACHCOMBER RESORT 3 - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A4 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR FIDDLER'S CREEK, PHASE 3 UNIT 2 - STAGES I AND 2 - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item # 16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER'S CREEK, PHASE 2A UNIT 1 - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A6 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITIES FOR FIDDLER'S CREEK - LAKE 88 - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A7 Page 257 May 13,2008 RECORDING THE FINAL PLAT OF PELICAN BAY UNIT TEN, REPLA T OF SITES 31 AND 32 - LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 25 EAST Item # 16A8 RECORDING THE FINAL PLAT OF FIRENZE AT TUSCANY RESERVE - LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST Item #16A9 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR LEMURIA - WITH RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16AI0 CHANGE ORDER NO.2 TO THE AGREEMENT BETWEEN COLLIER COUNTY AND V AN BUSKIRK, RYFFEL AND ASSOCIATES, INC. TO INCREASE THE SCOPE OF WORK OF THE COLLIER COUNTY INTER-ACTIVE GROWTH MODEL (CIAGM) TO ALLOW FOR THE CIAGM'S LAND USE MODELING TO BE UTILIZED BY AIM ENGINEERING & SURVEYING, INC., THE CONSULTANTS FOR THE TRANSPORTATION DIVISION - THE CHANGE IN SCOPE WILL COST AN ADDITIONAL $54,000.00 TO THE ORIGINAL CONTRACT AMOUNT OF $200,000 Item #16All SECOND EXTENSION OF THE REQUIRED TIME FRAME FOR Page 258 May 13, 2008 FEE PAYMENT ASSISTANCE AND JOB CREATION FOR SALAZAR MACHINE AND STEEL, INCORPORATED, AN APPROVED PARTICIPANT IN THE FEE PAYMENT ASSISTANCE PROGRAM AND THE JOB CREATION INVESTMENT PROGRAM; DIRECT STAFF TO ALLOCATE $50,500 IN FUNDING FOR FY 2008 FOR THIS APPLICANT; AND SPECIFY THIS AS THE FINAL TIME EXTENSION FOR MEETING THE PROGRAM REQUIREMENTS - EXTENDING THE FEE PAYMENT ASSISTANCE PROGRAM AND THE JOB CREATION INVESTMENT PROGRAM TO FIVE NEW JOBS BY DECEMBER 31,2008 AND FIVE MORE BY EACH DECEMBER 31, 2009 AND DECEMBER 31, 2010 (15 TOTAL NEW JOBS) Item #16A12 RECORDING THE FINAL PLAT OF HATCHERS PRESERVE, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULA TIONS Item #16A13 PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V ERNESTINA SACCA, CEB NO. 2005-13, RELATING TO PROPERTY LOCATED AT 2960 56TH AVENUE N.E. COLLIER COUNTY, FLORIDA - WITH RELEASE AND SA TISF ACTION OF LIEN FORGIVING FINES IN THE AMOUNT OF $21 A57.1 0 Item #16A14 - Moved to Item #101 Page 259 May 13, 2008 Item #16A15 - Moved from Item #17E RESOLUTION 2008-128: PETITION: CUR-2008-A-12955, MINING VENTURE, LLC., REPRESENTED BY R. BRUCE ANDERSON OF ROETZEL & ANDRESS, IS COMPLYING WITH CONDITION NUMBER 3 OF CONDITIONAL USE RESOLUTION 2007-274 FOR EARTH MINING IN THE A-MHO AGRICUL TURAL ZONING DISTRICT, WHICH REQUIRES A REVIEW OF THE CONDITIONAL USE APPROVAL TO DETERMINE WHETHER ADDITIONAL STIPULATIONS OR MITIGATION ARE NECESSARY. THE SUBJECT PROPERTY, CONSISTING OF 2,576 ACRES, IS LOCATED EAST OF IMMOKALEE ROAD (CR-846), APPROXIMA TEL Y 2 MILES NORTH OF OIL WELL ROAD (CR-858) IN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS I & 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846, COLLIER COUNTY, FLORIDA Item #16Bl BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUE FOR THE PUD MONITORING/TRAFFIC COUNTS PROJECT WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $] 10,259.00 FOR PROJECT NO. 69]242 Item #]6B2 A WARD RFP #08-5045, "ANNUAL CONTRACT FOR ROADWAY CONTRACTORS" TO THE FOLLOWING Page 260 May 13,2008 CONTRACTORS: AP AC SOUTHEAST, INC.; BETTER ROADS, INC.; GUSTAFSON CONSTRUCTION CORP.; DAVID BARRON LAND DEVELOPMENT, INC.; AND QUALITY ENTERPRISES USA, INC. (ESTIMATED ANNUAL AMOUNT $1,750,000) - THE TYPE OF WORK REQUIRED INCLUDES LENGTHENING OR MODIFYING LEFT AND RIGHT TURN LANES, MODIFY MEDIAN OPENINGS, PROVIDE INTERSECTION IMPROVEMENTS, AND CONSTRUCTION OF SIDEWALKS Item #16B3 FY 2008 BUDGET AMENDMENT RECOGNIZING $25,000 IN INSURANCE PROCEEDS RECEIVED IN CAT TRANSIT FUND (426) DURING FY 2007 Item #16B4 LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT FOR LANDSCAPING WITHIN THE RIGHT-OF-WAY ON BAREFOOT WILLIAMS AND TOWER ROADS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B5 WORK ORDER #BC-FT-3773-08-08 TO BONNESS, INC. FOR THE FOREST LAKES MSTU BOND PROJECT - PHASE ONE DRAINAGE SWALES USING THE ANNUAL CONTRACT FOR ROADWAY CONTRACTORS, CONTRACT NO. 05-3773, IN THE AMOUNT OF $237,554.95 - TO REPAIR AND REGRADE THE QUAIL RUN SW ALE RESTORATION AND LAKE Page 261 May 13,2008 IMPROVEMENTS IN FOREST LAKES MSTU Item #16B6 RESOLUTION 2008-129: SPEED LIMIT INCREASE FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO FIFTY MILES PER HOUR (50 MPH) ON IMMOKALEE ROAD FOR THE EASTBOUND SECTION FROM COLLIER BOULEVARD TO ONE-HALF MILE WEST OF WILSON BOULEVARD AND FOR THE WESTBOUND SECTION FROM WILSON BOULEVARD TO ONE-HALF MILE EAST OF COLLIER BOULEVARD Item #16B7 STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $10,200.00 FOR THE ACQUISITION OF PARCEL 148RDUE IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V JOHN GODDARD, ET AI., CASE NO. 07-3111-CA (OIL WELL ROAD PROJECT #60044). FISCAL IMPACT: $6,600.00) Item #16B8 BUDGET AMENDMENTS TO REALLOCATE FUNDING ON PROJECTS WITHIN CAPITAL ROAD FUNDS. PROJECT #60168 AND #60091- VANDERBILT BEACH EXTENSION (SR 951 TO WILSON) AND SANTA BARBARA BLVD. EXTENSION (DAVIS BLVD. TO RATTLESNAKE ROAD) - IN THE AMOUNT OF $2,333,400 FOR PROJECT #60168 AND $5,056,900 FOR PROJECT #60091 Item #16Cl Page 262 May 13,2008 REJECT PROPOSALS RECEIVED UNDER RFP 08-5038 "AUTOMA TIC METER READING SYSTEM" - FOR THE MAINTENANCE AND INSTALLATION OF THE 53,000 METERS IN SERVICE THROUGHOUT COLLIER COUNTY Item #16C2 MASTER AGREEMENT FOR DEMAND SIDE MANAGEMENT AND ENERGY EFFICIENCY SERVICES WITH FLORIDA POWER & LIGHT COMPANY (FP&L) FOR PUBLIC UTILITIES DIVISION PARTICIPATION IN A GUARANTEED ENERGY PERFORMANCE SAVINGS PROGRAM AT NUMEROUS MAJOR FACILITIES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C3 AGREEMENT REGARDING ALTERNATIVE IMPACT FEE CALCULA TION BETWEEN THE COLLIER COUNTY W A TER- USAGE SEWER DISTRICT AND THE T AMIAMI SQUARE OF NAPLES, LLC - POTENTIAL CHANGES INCLUDE WATER AND SEWER CONFIGURATION AND IRRIGATION AL TERNA TIVES Item #16C4 RESOLUTION 2008-130: RATIFYING THE APPOINTMENT OF A REPRESENT A TIVE AND AN AL TERNA TE OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO ATTEND MEETINGS OF THE LOWER WEST COAST UTILITY COUNCIL - APPOINTING PAUL MATT AUSCH (DIRECTOR, WATER DEPT.) AND G. GEORGE YILMAZ (DIRECTOR, Page 263 May 13,2008 WASTEWATER DEPT.) AS THE ALTERNATE Item #16C5 ASHBRITT ENVIRONMENTAL INC. (CONTRACT 05-3661) AND SOLID RESOURCES INC. (CONTRACT 05-3831) AS THE INITIAL DEBRIS RECOVERY TEAM FOR COLLIER COUNTY'S 2008 HURRICANE SEASON DEBRIS REMOVAL AND MONITORING CONTRACTORS FOR OPERATIONAL READINESS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 BUDGET AMENDMENT TO RECOGNIZE $735,800 ADDITIONAL CARRY FORWARD AND TO APPROVE $269,500 IN EXPENDITURES IN OPERATING EXPENSES AND CAPITAL OUTLAY; AND TO PLACE INTO RESERVE FOR CONTINGENCIES, IN THE WATER POLLUTION CONTROL FUND (114) THE AMOUNT OF $466,300 Item #16Dl LIEN AGREEMENT WITH ERASMO MARTINEZ III AND TERESA ANN HINOJOSA (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 112, LIBERTY LANDING, IMMOKALEE - DEFERRING $12A42A6 IN IMPACT FEES Item # 16D2 AWARDED BID NO. 08-5057R, "POOL CHEMICALS AND Page 264 May 13,2008 SUPPLIES", TO COMMERCIAL ENERGY SPECIALISTS, INC., THE DUMONT CO., INC., HORNERXPRESS-GULF COAST, INC., SCP DISTRIBUTORS, LLC AND NUC02, AT AN ESTIMATED COST OF $183,800 - FOR SUPPLYING CHEMICALS AND EQUIPMENT TO AQUA TIC FACILITIES FOR ALL COUNTY AQUATIC CENTERS Item #16D3 A WARD CONTRACT NO. 08-5056, ROBERTS RANCH PIONEER MUSEUM DRIVEWAY AND SITE WORK TO FT A HOLDINGS LLC DBA ACE ASPHALT, FOR THE CONSTRUCTION AND SITE WORK OF A DRIVEWAY AND SIDEWALK FOR THE CHURCH BUILDING IN THE AMOUNT OF $74,828.00 Item #16D4 LIEN AGREEMENT WITH ORRIANE LOUIS SAINT (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 43, TRAIL RIDGE, EAST NAPLES- DEFERRING $12A42A6 IN IMPACT FEES Item #16D5 LIEN AGREEMENT WITH GENE SILGUERO AND JENNIFER SILGUERO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT NEW MARKET SUBDIVISION, BLOCK 19, LOT 5, IMMOKALEE - DEFERRING $23,351.64 IN IMPACT FEES Page 265 May 13,2008 Item #16D6 LIEN AGREEMENT WITH FERNANDO LAGO AND AMELIA LAGO (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 46, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item # 16D7 LIEN AGREEMENT WITH VIERGENIE ALLIANCE AND DIEUMONFRANC ALLIANCE (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 47, TRAIL RIDGE, EAST NAPLES - DEFERRING $12,442.46 IN IMPACT FEES Item #16D8 LIEN AGREEMENT WITH LENNAR HOMES LLC (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR A 10 UNIT OWNER-OCCUPIED AFFORDABLE MUL TI-F AMIL Y HOUSING UNITS LOCATED IN A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, TRACT E, HERITAGE BAY COMMONS (9063 GERVAIS CIRCLE), NORTH NAPLES - DEFERRING $213,910.48 IN IMPACT FEES Item # 16D9 - Moved to Item # 1 OH Page 266 May 13,2008 Item #16DI0 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 DET AILED IN THE EXECUTIVE SUMMARY Item #16Dll LIEN AGREEMENT WITH CARLOS METZ AND JOYCE METZ (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 1603, NORTH NAPLES - DEFERRING $19,411.65 IN IMPACT FEES Item #16D12 LIEN AGREEMENT WITH KETTY ARGOTE (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCA TED AT LOT 178, TRAIL RIDGE, EAST NAPLES - DEFERRING $12A42.46 IN IMPACT FEES Item #16D13 LIEN AGREEMENT WITH RAMON LOPEZ BEROVIDES AND FLORINDA D. PEREZ FERNANDEZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT Page 267 May 13,2008 LOCATED AT LOT 33, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D14 RESOLUTION 2008-131: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT APPLICATION FOR BA YVIEW P ARK BOAT ACCESS FACILITY FOR THE COASTAL ZONE MANAGEMENT DEPARTMENT IN THE AMOUNT OF $400,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D15 LIEN AGREEMENT WITH NELSON ARTEAGA AND IDALMIS PEREZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 35, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D16 AWARD BID NO. 08-5034, "TEE SHIRTS" TO NORTH COAST IMAGEWEAR IN THE AMOUNT OF $60,000 - USED COUNTYWIDE BY VARIOUS COUNTY DEPARTMENTS Item #16El BUDGET AMENDMENT TO MOVE $7,100 FROM THE COLLIER COUNTY GENERAL FUND RESERVES TO THE Page 268 May 13, 2008 FACILITIES MAINTENANCE FUND IN ORDER TO FUND INVASIVE EXOTIC PLANT MANAGEMENT WITHIN A COUNTY OWNED CONSERVATION EASEMENT - FOR THE REMOVAL OF THE INVASIVE EXOTIC PLANT (BRAZILIAN PEPPER TREE) WITHIN TRACT M (LEL Y BAREFOOT BEACH) Item #16E2 STATUTORY DEED BETWEEN THE COLLIER COUNTY TRANSPORTATION DIVISION AND THE CONSERVATION COLLIER PROGRAM FOR APPROXIMA TEL Y 12.5 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $65,000 - ALONG GOLDEN GATE PKWY, JUST EAST OF IT'S INTERSECTION WITH GOODLETTE FRANK ROAD Item # 16E3 RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FROM MARCH 21, 2008 THROUGH APRIL 23, 2008 Item #16E4 CONFIRM AND CONSENT TO THE RE-ASSIGNMENT OF CONTRACT 05-3827 "TEMPORARY LABORERS" FROM TANDEM STAFFING SOLUTIONS, INC. TO SELECT STAFFING SOLUTIONS INC. - RESULTING FROM A STOCK PURCHASE OF TANDEM STAFFING SOLUTIONS BY SELECT STAFFING SOLUTIONS Page 269 May 13, 2008 Item #16E5 RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION # 2004-15 FOR THE SECOND QUARTER OF FY 08 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E6 RESOLUTION 2008-132: A RESOLUTION APPROVING A POLICY FOR THE ACCEPTANCE OF LAND CONVEYANCES BY THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM IN THE TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM FOR THE RURAL FRINGE MIXED USE DISTRICT (RFMUD) - PROVIDES FOR A FAST-TRACK REVIEW Item #16FI CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT AT A RENEWAL RATE FOR FY 08 OF $250.00 Item #16F2 AFTER-THE-FACT SUBMITTAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF $340,000 FOR THE PURCHASE OF A PUMPER TANKER FOR THE OCHOPEE Page 270 May 13, 2008 FIRE CONTROL DISTRICT - TO REPLACE AN 18 YEAR OLD EXISTING PUMPER TANKER Item #16F3 WAIVING THE FORMAL COMPETITIVE BID PROCESS; APPROVE THE PURCHASE OF 40 HEART MONITORS, ALONG WITH ASSOCIATED ACCESSORIES AND SERVICE AGREEMENTS FROM PHILIPS MEDICAL SYSTEMS FOR AN ESTIMATED TOTAL OF $729,192.20; AND TO APPROVE A BUDGET AMENDMENT FOR AN INTRAFUND TRANSFER FROM CAPITAL TO OPERATING WITHIN FUND 490 EMS TO FUND THE LEASE PAYMENTS FOR THE BALANCE OF FY08 IN THE AMOUNT OF $54,041.90 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 AFTER-THE-FACT SUBMITTAL OF A UNITED STATES DEPARTMENT OF INTERIOR RURAL FIRE ASSISTANCE GRANT APPLICATION IN THE AMOUNT OF $11,460 FOR THE PURCHASE OF EQUIPMENT AND PROTECTIVE CLOTHING FOR THE OCHOPEE FIRE CONTROL DISTRICT - TO BE USED IN WILD-LAND FIRE FIGHTING Item #16F5 AMENDMENTS TO TDC CATEGORY BAND C GRANT AGREEMENTS FOR FY 08 TO REMOVE THE REQUIREMENT FOR MATCHING FUNDS - AS DETAILED IN THE EXECUTIVE SUMMARY Page 271 May 13,2008 Item #16F6 SUBMITTAL OF A US DEPARTMENT OF HOMELAND SECURITY CITIZEN CORPS/CERT PROGRAM GRANT APPLICATION IN THE AMOUNT OF $19,000 - FOR EXP ANDING PUBLIC OUTREACH AND EDUCATIONAL OPPORTUNITIES FOR OUR CITIZENS Item #16F7 STATE EMERGENCY RESPONSE TEAM SUBGRANT FOR THE DEPARTMENT OF HOMELAND SECURITY (DHS) AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO ESTABLISH A CITIZENS EMERGENCY RESPONSE TEAM (CERT) PROGRAM FOR THE TOWN OF AVE MARIA IN THE AMOUNT OF $17,977 - TO ENHANCE THE EMERGENCY SERVICES IN THE COMMUNITY Item # 16F8 RESOLUTION 2008-133: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2007-08 ADOPTED BUDGET - FOR THE TIME PERIOD OF JANUARY 1, 2008 THROUGH MARCH 31, 2008 Item #16F9 BUDGET AMENDMENT THAT REDUCES CERTAIN FISCAL YEAR 2008 CAPITAL PROJECT BUDGETS AND APPROPRIATES CERTAIN FISCAL YEAR 2007 CAPITAL GRANT PROJECT REVENUES CARRIED FORWARD INTO Page 272 May 13, 2008 FISCAL YEAR 2008 Item #16FI0 WAIVE FORMAL COMPETITION AND AUTHORIZE STAFF TO NEGOTIATE A NEW FEDERAL LOBBYIST SERVICES CONTRACT WITH THE FERGUSON GROUP - IN THE AMOUNT OF $107,000 FOR AN INITIAL TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FIVE YEARS Item #16Gl RESOLUTION 2008-134: A RESOLUTION AUTHORIZING THE COLLIER COUNTY AIRPORT AUTHORITY TO ENTER INTO MASTER JOINT PARTICIPATION AGREEMENT (MJPA) 2008- A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND PROJECTS AT THE EVERGLADES AIRPARK, THE IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND AIRPORT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Hl COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE EDC VIP BREAKFAST ON THURSDAY, MAY 1,2008, AT THE NAPLES GRANDE BEACH RESORT IN NAPLES, FLORIDA. $28.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item # 16H2 Page 273 May 13, 2008 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE WILL ATTEND THE EDC BEST PLACES TO WORK A WARDS CEREMONY ON MAY 22, 2008. $35 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - LOCATED AT 5111 T AMI AMI TRAIL NORTH, 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 274 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 13, 200S 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Bayshore/Gateway Triangle Local Redevelop Advisory Board: Agenda of March 4, 200S. Minutes of March 4, 200S. 2) Collier Countv Citizens Corps: Agenda of February 20, 200S. Minutes of February 20, 200S. 3) Collier County Coastal Advisorv Committee: Minutes of March 13, 200S. 4) Collier County Code Enforcement Board: Minutes of February 2S, 200S. 5) Collier County Planning Commission: Agenda of April 3, 200S; April 17, 200S. Minutes of February 21, 200S; March 6, 200S; Special Session Minutes of February 25, 200S. 6) Contractors Licensing Board: Agenda of April 16, 200S. Minutes of March 19, 200S. 7) Development Services Advisory Committee: Minutes of March 5, 200S. S) Domestic Animal Services Advisory Committee: Minutes of February 19, 200S. 9) Emergency Medical Services Advisory Council: Minutes of February 27, 200S. 10) Environmental Advisory Council: Agenda of April 2, 200S. 11) Fire Review Task Force: Minutes of March 14, 200S. 12) 13) 14) 15) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of April 9, 2008. Minutes of March 12, 2008. ,--.~",",,-,"'-'" Golden Gate Community Center Advisory'Committee: Minutes of March 3, 2008. Golden Gate Estates Land Trust Committee: Agenda of September 21, JQ\l1, 8uember 5,2007; January 28, 2008, February 28, 2008. Minutes of September 24; 2007, December 5, 2007; January 28, 2008, February 28, 2008. Haldeman Creek Maintenance Dredging Advisory Committee: Agenda of February 14, 2008; March 13,2008; April 10, 2008. Minutes of January 10,2008; February 14, 2008; March 13,2008. 16) Hispanic Affairs Advisory Board: '_"_d_'. MI~UlC::S or Jlt1'Iuary z4, 2008; February 28, 2008. 17) Immokalee Beautification Advisory Committee: Agenda of March 26, 2008. Minutes of February 27, 2008. 18) Isle of Capri Fire Control District Advisory Committee: Agenda of March 6, 2008. Minutes of March 6, 2008. 19) Land Acquisition Advisory Committee: Agenda of April 14, 2008. Minutes of March 10, 2008. 20) Lely Golf Estates Beautification Advisory Committee: Agenda of March 20, 2008. Minutes of February 21, 2008. 21) Library Advisory Board: Agenda of February 27, 2008. Minutes of January 23, 2008. 22) Parks and Recreation Advisory Board: Minutes of February 20,2008; March 19,2008. 23) Pelican Bay Services Division Board: Agenda of March 5, 2008. Minutes of March 5, 2008. A. Pelican Bay Services Division Board Municipal Services Taxing and Benefit Unit: Agenda of April 2, 2008; April 10, 2008; April 22,2008. 24) Public Vehicle Advisory Committee: Agenda of April 7, 2008. 25) Radio Road Beautification Advisory Committee: Agenda of March 18,2008. Minutes of February 19, 2008. 26) Rural Lands Stewardship Area Review Committee: Minutes of March 4, 2008. B. Districts: I) Fire Seryice Steering Committee: Agenda of April 24, 2008. Minutes of March 27, 2008. C. Other: I) Special Magistrate: Minutes of January 31, 2008; March 7, 2008; April 4, 2008. 2) Collier County. Citv of Naples & East Naples Fire Control & Rescue District: Minutes of February 8, 2008. 3) City of Naples Community Redevelopment Agency: 2007 Annual Report. 4) Southwest Florida Regional Planning Council: Annual Budget Report FY 2008/2009. May 13, 2008 Item # 1611 SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING CONTRIBUTION - $35,698.43 IN FEDERAL FUNDS Item # 1612 DISBURSEMENTS FOR THE PERIOD OF APRIL 19,2008 THROUGH APRIL 25, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1613 DISBURSEMENTS FOR THE PERIOD OF APRIL 26, 2008 THROUGH MAY 02, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl AGREED ORDER FOR SUPPLEMENTAL ATTORNEY'S FEES IN CONNECTION WITH PARCELS 720, 820A, 820B AND 920 IN THE LAWSUIT STYLED COLLIER COUNTY V ELHANON COMBS, ET AI., CASE NO. 03-2352-CA (GOLDEN GATE P ARKW A y, PROJECT #60027) (FISCAL IMP ACT: $4,200.00) Item #16K2 STIPULATED FINAL JUDGMENT FOR PARCEL NO. 159A IN THE LAWSUIT STYLED CC V ANDY MORGAN, ET AL, CASE NO. 02-5169-CA (IMMOKALEE ROAD PROJECT #60018) (POSITIVE FISCAL IMPACT $953.04) Page 275 May 13, 2008 Item # 16K3 AN EXCEPTION TO THE CURRENT HIRING FREEZE POLICY FOR GENERAL FUND POSITIONS AND AUTHORIZE THE COUNTY ATTORNEY TO ADVERTISE FOR AND FILL A VACANT ESSENTIAL ASSISTANT COUNTY ATTORNEY (LAND USE) POSITION Item #16K4 RESOLUTION 2008-135: A RESOLUTION REVISING THE COUNTY ATTORNEY OFFICE FISCAL YEAR PAY AND CLASSIFICATION PLAN EFFECTIVE MAY 14,2008, AND APPROVE THE NEW JOB DESCRIPTIONS FOR SECTION CHIEFS AND THE OF COUNSEL POSITION Item #16K5 SETTLEMENT AT MEDIATION PRIOR TO TRIAL IN THE LA WSUIT ENTITLED ESTELLA lEMMA, Er AL, Vs. COLLIER COUNTY BOARD OF COMMISSIONERS FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-2295-CA, FOR $20,000.00 Item #16K6 ASSISTANT COUNTY ATTORNEY TO BID ON BEHALF OF COLLIER COUNTY AT FORECLOSURE (CODE ENFORCEMENT LIEN) SALES SCHEDULE BY THE CLERK IN BOARD OF COUNTY COMMISSIONERS V JEAN CLAUDE MARTEL, CASE NO. 06-1902-CA Page 276 May 13, 2008 Item # 1 7 A RESOLUTION 2008-136: PETITION: V A-2007-AR-12668 B&B CASH GROCERY STORES, INC., REPRESENTED BY CHARLIE MARTIN, REQUESTING A VARIANCE OF 17 FEET TO REPLACE AN AUTOMOBILE SERVICE STATION CANOPY THAT WAS DESTROYED BY HURRICANE WILMA; AND A VARIANCE OF SEVEN FEET TO RELOCATE TWO FUEL PUMP DISPENSERS. THE SUBJECT PROPERTY IS LOCATED AT 4011ST STREET SOUTH, SOUTH IMMOKALEE HEIGHTS UNIT, SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA Item #17B RESOLUTION 2008-137: PETITION: VA-2008-AR-12951 IRVINE DUBOW, REQUESTING A 10.7-FOOT VARIANCE FROM THE REQUIRED 15-FOOT FRONT YARD SETBACK OF THE VINEYARDS PUD, TO ALLOW A 4.3-FOOT SETBACK IN ORDER TO REBUILD A POOL CAGE THAT WAS DESTROYED BY HURRICANE WILMA. THE SUBJECT PROPERTY IS LOCATED AT 5901 ALMADEN DRIVE IN SECTION 8, TOWNSHIP 49 S, RANGE 26 E, COLLIER COUNTY, FLORIDA Item #17C RESOLUTION 2008-138: PETITION: HD-2008-AR-12980, PATRICIA AND STEVE HUFF REQUEST A HISTORIC DESIGNATION FOR PROPERTY LOCATED AT 238 MAMIE STREET FOR BUILDING KNOWN AS JT'S ISLAND GRILL AND GALLERY. SUBJECT PROPERTY IS LOCATED IN Page 277 May 13,2008 SECTION 36, TOWNSHIP 53, RANGE 29, CHOKOLOSKEE, FLORIDA Item #17D RESOLUTION 2008-139: PETITION: HD-2008-AR-12981, EVERGLADES SOCIETY FOR HISTORICAL PRESERVATION IS REQUESTING A HISTORICAL DESIGNATION FOR THE BULA MISSIONARY BAPTIST CHURCH OF COPELAND NOW KNOWN AS THE FRANCES HODGE COMMUNITY CENTER. THE SUBJECT PROPERTY IS LOCATED AT 210 TURNSTILE DRIVE WHICH IS LOCATED ON THE SOUTH SIDE OF TURNSTILE DRIVE AND APPROXIMATELY 150 FEET WEST OF THE INTERSECTION WITH LEE CYPRESS DRIVE IN SECTION 13, TOWNSHIP 52, RANGE 29, COPELAND, FLORIDA Item #17E - Moved to Item #16A15 Item #17F RESOLUTION 2008-140: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2007-08 ADOPTED BUDGET Page 278 May 13,2008 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:55 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPE~~,;!';NDER ITS CONTROL TOM HENNING, ChaIrman . ,..,,)- ATTEST::"'i, '-," , Q_W-\GHT. E. BRQC,K, CLERK /" c ~') 0 ,':.:.(.,: i i , . -" . ..... - {) I, {/!' il-' I ,;.,' /:' <-j -; -~ p;c ;',- ;,' ,v ,- ,.' ,., I ttnt "to.~~n , 19/1atur. on'f." / J These minutes approved by the Board on J'h,)r/'- 10,loo& presented v- or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 279