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BCC Minutes 05/27/2008 R May 27, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 27, 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 Frank Halas Fred Coyle (Absent) 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 27, 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 (Absent) 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 27, 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Fishel Zaklos, Chabad Jewish Center of Naples 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 22/23, 2008 - BCC/Regular Meeting C. April 29, 2008 - BCC/Growth Management Plan Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation to recognize June 2008 as Myasthenia Gravis Awareness Month. On behalf of Marie T. Tronnlof, President of Greater Florida Chapter of the Myasthenia Gravis Foundation of America, Roberta Hect will be accepting this Proclamation. Page 2 May 27, 2008 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member Award for May 2008 to Dr. James Alward Van Fleet, County Government Productivity Committee. B. Presentation by the National Weather Service declaring Collier County Storm Ready. C. Presentation on the Naples Jail Improvement Project by Vanderbilt Bay Construction, Inc. D. Distinguished Budget Presentation Award for the current fiscal year (21 st) from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by John Yonkosky, Director, Office of Management and Budget. 6. PUBLIC PETITIONS A. Public petition request by Donald Scott to discuss short term use of office space to store furniture for Volunteer Collier. B. Public petition request by Vann Ellison to discuss impact fee deferral for Wolfe Apartments. C. Public petition request by Richard Williams to discuss Vanderbilt Beach Road Extension Project at 740 29th Street NW. D. Public petition request by Brian Lachance to discuss ordinance relating to occupational licensing fees. E. Public petition request by Monica Fish to discuss dumpster enclosure at Immokalee Friendship House. F. Public petition request by Dustin Tidwell to discuss office furniture bids. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 May 27, 2008 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider the Dissolution of Copper Cove Community Development District (CDD) pursuant to Section 190.046(9), Florida Statutes. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Advisory Committee. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Educational Facilities Authority. D. Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. E. Appointment of member to the Development Services Advisory Committee. F. Recommendation to adopt a resolution pertaining to the proposed "River of Grass Greenway" and preliminary altematives for non-motorized transportation access and increased awareness and support for the preservation of the Everglades. (Commissioner Coletta) G. This item to be heard at 10:30 a.m. Recommendation to adopt a Resolution superceding Collier County Resolution No. 07-340 and amending the purchasing policy to include a Local Preference Policy and Procedure. (Commissioner Tom Henning) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. Recommendation to review and approve the February 2008 Report of the Rural Lands Stewardship Area Committee entitled, Rural Land Stewardship Area Five-Year Review, Phase 1- Technical Report for use in the Rural Lands Stewardship Overlay District Phase 2 Report and authorize transmittal to the Florida Department of Community Affairs. (Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning Department, CDES) Page 4 May 27, 2008 B. This item to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners review proposals and selection committee recommendation for approval of the award ofRFP #08-5026, Development of the Bembridge Planned Unit Development. (Marcy Krumbine, Director, Housing and Human Services) C. Recommendation to approve a Resolution supporting the national strategic importance of maintaining spaceflight expertise at the Kennedy Space Center in the State of Florida and ensuring that future crew and cargo missions to the International Space Station use domestic capabilities. (Jim Mudd, County Manager) D. Recommendation to approve a budget amendment reducing budgeted revenues in the General Fund (001) for Fiscal Year 2008 in the amount of $6,752,500. (John Yonkosky, Director, Office of Management and Budget) E. Recommendation that the Board of County Commissioners place a School Board referendum on the August 26, 2008 Primary Election ballot. (Jim Mudd, County Manager) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. To provide the Board of County Commissioners (Board) with information regarding changes in Value Adjustment Board legislation, to appoint two members of the V AB from the membership of the Board and to request direction on the solicitation of citizens interested in serving on the Value Adjustment Board (V AB) for 2008. 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 Page 5 May 27, 2008 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) To accept final and unconditional conveyance of the water utility facility for Fiddler's Creek Club Center. 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek - Phase 2AGC - Runway Lane. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Masters Reserve, Phase 2. 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mandalay with the roadway and drainage improvements being privately maintained. 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ashton Place (Lely Resort PUD), the roadway and drainage improvements will be privately maintained. 6) This is a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Prest wick Place, (Lely Resort PUD). The roadway and drainage improvements will be privately maintained. 7) This item requires that ex parte disclosure be provided bv Commission Members. Should a heariof! be held on this item, all participants are required to be sworn in. Recommendation to approve an Encroachment Agreement for Lot 77, The Lodgings of Wyndemere. 8) Recommendation that the Board of County Commissioners (BCC) waive the formal competitive threshold and authorize Staff to use the Naples Daily News for all required legal advertising expenditures. It is anticipated that The Zoning and Land Development Review Page 6 May 27, 2008 Department will exceed $50,000 per year. 9) That the Board of County Commissioners provide direction to the County Attorney and the County Manager (or his designee) to advertise an amendment to the Collier County Consolidated Impact Fee Ordinance, for consideration at the next available regular meeting of the Board of County Commissioners, to remove an obsolete reference to the Capital Improvement Element in the Use of Funds provisions in order to maintain the internal consistency of the ordinance, as recommended by the County Attorney. 10) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11. 11) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 12) Brian Jones of Adventure Training Concepts, LLC requests a Temporary Use Permit in accordance with the provisions of the Land Development Code (LDC) for two additional weeks beyond the fourteen day time limit allowed by the LDC for a sum total of 28 days during the 2008 calendar year to conduct corporate training events on property located in the Rural Agricultural (A) Zoning District, located on Red Hawk Lane in Section 04, Township 47E, Range 27S and to request a fee waiver for the cost of each Temporary Use Permit to allow the applicant to pay two hundred dollars for one permit that would encompass the entire length of time allowed by the LDC or as approved by the Board of County Commissioners (Board), rather than two hundred dollars per permit per event. 13) Recommendation to reject a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. Donald E. Gray, CEB No. 2004-005, relating to property located at 267 3rd Street West, Collier County, Florida. B. TRANSPORTATION SERVICES Page 7 May 27, 2008 1) Recommendation to reject RFP 08-5007, Right of Way Easement Acquisition Services - Golden Gate Boulevard. No Fiscal Impact. 2) To receive approval from the Board of County Commissioners (BCC) to amend Chapter 74 of the Collier County Code of Laws and Ordinances, Consolidated Impact Fee Ordinance with respect to the way Alternative Impact Fee Studies are conducted. 3) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of$150.00 4) Recommendation to approve a budget amendment to transfer funds into the Freedom Park (aka Gordon River Water Quality Park), project number 510185, in the amount of$139,040.85. 5) Recommendation to approve the Collier Metropolitan Planning Organizations (MPO) Operating Budget for FY 2008/09, including a $5,000 County match for Federal Highway Administration Planning. (Program Total of$I,373,892) 6) Recommendation to authorize the Chairman of the Collier County Board of County Commissioners to execute the Utility Facilities Warranty Deed and Bill of Sale for sewer facilities that lie within the right-of-way on Davis Boulevard at the Collier Area Transit (CAT) Facility. 7) Request for authorization to bring back to the Board of County Commissioners an Ordinance amending Collier County Ordinance No. 72-1, as amended (The Collier County Lighting District) by amending section one, area established, to add: The Southwest 1/4 of Section 11, Township 49 South Range 25 East and all of the lands lying within the boundaries of the plat of Majestic Pines as recorded in Plat Book 20, Pages 55 and 56 of the Public Records of Collier County, Florida to the Collier County Lighting District; Providing for the inclusion in the Code of Laws and Ordinances; Providing for conflict and severability; and providing an effective date. C. PUBLIC UTILITIES Page 8 May 27, 2008 1) Recommendation to approve a License Agreement with Gulf Coast Citrus Caretaking, Inc., for the use of Collier County Water- Sewer District-owned property at the Northeast Water Treatment Plant and Water Reclamation Facility site. 2) Recommendation to amend Contract # 07 -4138 Reclamation of Collier County Landfill Cells 1 & 2 by (a) Deleting Section 5.4 Limits on County Payments and (b) amending Section 8. Terms to facilitate payments for earlier completion and to shorten project term from 24 months to 16 months. 3) Recommendation to approve a Budget Amendment reallocating capital project budgets within the Solid Waste Capital Projects Fund 474 in the amount of$250,000. 4) Recommendation to approve the communication of concerns from the Collier County Water-Sewer District, by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, to the South Florida Water Management District relative to the proposed revisions to Florida Administrative Code Chapter 40E-24 (Year- Round Irrigation Rule.) D. PUBLIC SERVICES 1) Recommend approval of a budget amendment totaling $522,000 from Parks and Recreation Impact Fee Fund 346 reserves to fund purchasing of property to provide off-site remote parking for Bayview Park Project #800603. 2) Recommendation to approve the after-the-fact submittal of the Justice and Mental Health Collaboration Program grant application and Memorandum of Understanding in the amount of$250,000 to the United States Department of Justice, Bureau of Justice Assistance and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a sub-recipient agreement with the Collier County Sheriff's Office and the David Lawrence Center. 3) Recommendation to Recognize Revenue received from Universal Services Administrative Company (USAC) in the amount of $48,000 Page 9 May 27, 2008 and appropriate funds to purchase and install public computer management software in our public libraries. 4) To approve application for a Health Information Technology Special Congressional Initiative earmark from the United States Department of Health and Human Services to develop and implement a shared informational database between the portals of entry for the poor into the health care system. ($323,911) 5) Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $1 06,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the amendment of Contract No. 08-5011 Annual Contract for Underground Utility Contracting Services with D.N. Higgins, Incorporated; Kyle Construction Corporation; Quality Enterprises, Incorporated; Mitchell and Stark Corporation; and Haskins, Incorporated to change work order signature requirements. 2) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as Trustee of an unrecorded trust agreement dated July 27,1998 and known as the Richard F. Berman Revocable Trust of 1998 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $22,700. 3) Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 4) Recommendation to approve an Agreement for Sale and Purchase with Lorraine F. O'Rourke, as ancillary personal representative of the Florida estate of Terrance O'Rourke, deceased, for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $27,820. 5) Recommendation to approve an Agreement for Sale and Purchase with Virginia 1. Freitas, Trustee of the Virginia J. Freitas Revocable Trust Agreement Dated September 7,2005 for 2.27 acres under the Page 10 May 27, 2008 Conservation Collier Land Acquisition Program, at a cost not to exceed $44,400. 6) Recommendation to approve an Agreement for Sale and Purchase with Kaye Homes, Inc., a Florida corporation for 4.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $340,700. 7) Recommendation to approve an Agreement for Sale and Purchase with Virginia Anne Devisse, Trustee of the Virginia Anne Devisse Trust dated December 22, 1990 for 8.65 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $138,250. 8) Recommendation to approve an Agreement for Sale and Purchase with Frank J. Celsnak and Marlene 1. Celsnak, as Trustees U/D/T (OR U/ A) Dated 27 December 1991 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 9) Recommendation to approve the granting of an Easement for Ingress and Egress to the Board of Trustees of the Internal Improvement Fund of the State of Florida, at no additional cost to the County. (Shell Island Road) 10) Recommendation to approve a Final Management Plan for the Wet Woods Preserve under the Conservation Collier Land Acquisition Program. 11) Recommendation to award Bid #08-5046 Purchase and Installation of Hurricane Shutters on the Main Government Complex to Jansen Shutter and Specialties in the amount of $1 05, 1 02. F. COUNTY MANAGER 1) Recommendation to recognize and accept a donation from Atrus, Inc., a sole source supplier, valued at $5,000 for installation of AED notification equipment and software as well as two years of service valued at $48,000. 2) Recommendation for the Board to direct staff to advertise the proposed amended Bylaws, as approved by the Emergency Medical Page 11 May 27, 2008 Services Advisory Council on April 30, 2008, and the proposed amended Ordinance, amending Ordinance No. 80-80, as amended. 3) Recommendation to approve a contract with Turbomeca USA for helicopter maintenance and part replacement for an estimated cost of $97,000 in FY09. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute a Shoreline Stabilization Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (2854 Becca Avenue) ($5,000) 2) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (4260 Bayshore Drive) ($7,543.47) 3) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (1570 Shadowlawn Drive) ($8,000) 4) To approve and execute a Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. (160 Jeepers Drive) ($1,000) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Fiala attended the Marco Island Foundation for the Arts Annual Meeting on May 2,2008 at The Marco Island Yacht Club. $35.00 to be paid from Commmissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending The Page] 2 May 27, 2008 Zonta Club of Naples 35th Anniversary dinner on June 14,2008 at the Naples Beach Hotel and Golf Club, Naples, FL.; $60.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 03, 2008 through May 09,2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of May 10, 2008 through May 16, 2008 and for submission into the official records of the Board. 3) Recommendation to approve a budget amendment transferring Courts Diversion Fee revenues previously recorded, inadvertently, in the General Fund (001) to the Court Operations Fund (681). ($488,373) 4) Recommendation to approve budget amendments recognizing carryforward in Teen Court Fund (171) and transferring funds to Court Innovations Fund (192) in accordance with Ordinance 2004-42 in the amount of$123,900. 5) Recommendation that the Board Of County Commissioners approve an agreement authorizing the Collier County Sheriffs Office to have traffic control jurisdiction over private roads within the Forest Park subdivision. 6) Recommendation to approve Change Order #1 to add $45,000 to Contract #07 -4152, "Auditing Services for Collier County", with Ernst and Young LLP, and authorize a budget amendment of$80,000 to cover the full amount of the agreement. K. COUNTY ATTORNEY Page 13 May 27, 2008 1) Recommendation that the Board of County Commissioners approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 143 in the Collier County v. Charles R. Wilson, et aI., Case No. 02-5l64-CA, Immokalee Road Project #60018. (Fiscal Impact: $7,000.00). 2) Recommendation to ratify and approve a pre-litigation fee dispute and settlement between Collier County Emergency Medical Services and Inside Out Sports and Entertainment, LLC, in the amount of $3,000.00 for services rendered in 2006 at the Champions Club Naples Tennis Tournament. 3) Recommendation to approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $200,000 for the acquisition of Parcels 112 and 712 in the lawsuit styled CC v. Woodmere Owners Association, Inc., et aI., Case No. 06- 1332-CA (County Barn Road Project No. 60101). (Fiscal Impact $123,396) 4) Recommendation that the Board of County Commissioners adopts a Resolution approving the revised Guidelines and Rules goveming the Golden Gate Community Center Advisory Committee. 5) Recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a Demand for Judgment and an Offer of Judgment to Metcalf & Eddy, Inc., in an attempt to settle ongoing litigation in the case known as Collier County and Collier County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and Surety Company of America. 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 Page 14 May 27, 2008 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. Recommendation that the Board of County Commissioners consider adopting an Ordinance to amend the Fee Payment Assistance Program to allow existing Collier County businesses that are expanding to include the wages of current employees in establishing their eligibility for the Fee Payment Assistance Program; the Ordinance has been prepared in accordance with the request by the Economic Development Council of Collier County and the prior direction of the Board of County Commissioners. B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services District, in order to establish a name for the advisory board appointed by the Districts governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. C. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. DOA-2007-AR-1265l: Ave Maria Development, LLLP, represented by George Varnadoe, of Cheffy, Passidomo, Wilson, and Johnson, LLP, is requesting an amendment to the Town of Ave Maria Development of Regional Impact (DRI) Development Order to reflect and memorialize changes in the Florida Statutes relating to the sale of affordable housing units pursuant to Florida Statutes, Subsection 380.06(19)(e)(2)(k). The subject property is located in the Town of Ave Maria, part of Sections 4 through 9 and Sections 16 through 18, Township 48 South, Range 29 East and part of Sections 31 through 33, Township 47 South, Range 29 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 15 May 27, 2008 May 27, 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. Good morning, everybody. Welcome to the May 27,2008, Board of Commissioners' Meeting. Today's invocation will be by Rabbi Fishel Zaklos. COMMISSIONER FIALA: Zaklos. CHAIRMAN HENNING: Zaklos, thank you. Then after that we'll have the Pledge of Allegiance. Would you all rise for the invocation and Pledge? RABBI ZAKLOS: Good morning. COMMISSIONER FIALA: Good morning. RABBI ZAKLOS: Let us begin with a Biblical priestly blessing. Yivarechica Adonay Viyishmorecha, Ya'er Adonay Panav Eilecha, Yisa Adonay Panav Eilecha, Viyasem Licha Shalom. May the Lord bless you and watch over you. May the Lord make His countenance shine upon you and favor you. May the Lord lift His countenance toward you and grant you peace. I'm honored to stand in the presence of such distinguished individuals who devote their lives to better the lives of others. We thank God today that our beloved Collier County is blessed with such distinguished county commissioners who are beacons of unwavering strength, belief, and leadership. We know that the strength to do what you do is born out of profound faith, hope, prayer, and trust in God almighty. We are coming now from the Jewish holiday of Lag BaOmer, a day we recall the legacy and teachings of the holy sage, Rabbi Akiva. Rabbi Akiva is known as a lover of peace and unity, and this legacy continues to this day right here in this room. God of heaven, master of the world, look favorably and bless the members of the Board of County Commissioners gathered here today. Look favorably and bless these distinguished individuals chosen by Page 2 May 27, 2008 thousands of people who have placed their faith and confidence in them to make laws and decisions for them and their families, give them the wisdom to enact laws which will bring ethics and values into our community. He who makes peace on high may bring peace upon us and upon all of humanity. And let us say, amen. God bless America, God bless Collier County, and God bless all of you. Thank you. CHAIRMAN HENNING: Thank you. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: That was a great, powerful speech to start off our meeting. County Manager, would you lead us through today's changes. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, Board of Commissioners' meeting, May 27, 2008. Move item 18K4 to 128. It's a recommendation that the Board of County Commissioners adopt a resolution approving the revised guidelines and rules governing the Golden Gate Community Center Advisory Committee. This is a companion item to 8B to be heard after one p.m. It's then -- this item's being moved at Commissioner Henning's request. Next item is to move item 17B to 88. It's a recommendation that the Board of Commissioners adopts an ordinance amending ordinance number 75-04 which created the Golden Gate Municipal Services District in order to establish a name for the advisory board appointed by the district's governing board, extend the terms of the advisory Page 3 May 27, 2008 board's appointments, add a new advisory board alternate member position, and correct minor typographical errors. This item is also asked to be moved by Commissioner Henning to the regular agenda. And this is, again, a companion item to 12B to be heard after one p.m. Then you have some time certain items today. The first is item 9G to be heard at 10:30 a.m. It's a recommendation to adopt a resolution superseding Collier County's resolution 07-340 and amending the purchasing policy to include a local preference policy and procedure. That's Commissioner Henning's item at 10:30 today. Next item is item lOA to be heard at 11 a.m., and this is a recommendation to review and approve the February, 2008, report of the Rural Land Stewardship Area Committee entitled Rural Land Stewardship Area Five-Year Review Phase I Technical Report for use in the Rural Land Stewardship Overlay District Phase II Report, and authorize transmittal to the Florida Department of Community Affairs. And the person to present will be Thomas Greenwood, AICP, on that particular item at 11 a.m. The chairman of this group is also going to have a couple of words on 10A. The next item is 10B to be heard at two p.m. It's a recommendation that the Board of County Commissioners review proposals and selection committee recommendations to approve of the award ofRFP 08-5026, development of the Bembridge Planned Unit Development. Marcy Krumbine, Director of Housing and Human Services will present that item at two p.m. That's all I have, Mr. Chairman and Commissioners. CHAIRMAN HENNING: Thank you. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Halas, do you have any ex parte communications or any other changes to today's agenda? Page 4 May 27, 2008 COMMISSIONER HALAS: Thank you very much, Commissioner. I have no disclosures on either the consent agenda or the summary agenda, and I have no changes to today's agenda at all. Thank you. CHAIRMAN HENNING: I have ex parte communication on 17C, met with the petitioner and received a phone call from a constituent. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have ex parte on consent agenda 17C as well. I've met with the petitioner and received phone calls and correspondence. And also, Mr. Chairman, I would love to pull 16B2, just for a little bit of discussion. There were some questions I had about that and that is the alternative impact fee studies. And I just wanted to talk about that at our meeting. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'm sorry, did you want to-- okay. We can deal with that afterwards. Consent agenda, 17 -- 16A 7. I've had correspondence, and on the summary agenda, 17C, I've had meetings and correspondence, and that's it. No other changes. Thank you. MR. MUDD: Mr. Chairman, the pull on 16B2 would become 10F. CHAIRMAN HENNING: Okay. If there's no other further changes to today's agenda, I'll entertain a motion to approve as amended. COMMISSIONER HALAS: So moved. CHAIRMAN HENNING: Motion by Commissioner Halas. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 27. 2008 Move Item 16K4 to 12B: Recommendation that the Board of County Commissioners adopts a Resolution approving the revised Guidelines and Rules governing the Golden Gate Community Center Advisory Committee. (Companion to Item 8B, to be heard after 1 :00 p.m.) (Commissioner Henning's request.) Move Item 17B to 8B: Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-04, which created the Golden Gate Municipal Services District, in order to establish a name for the advisory board appointed by the Districts governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. (Commissioner Henning's request) (Companion to Item 12B, to be heard after 1:00 p.m.) Time Certain Items: Item 9G to be heard at 10:30 a.m. Recommendation to adopt a Resolution superseding Collier County Resolution No. 07-340 and amending the purchasing policy to include a Local Preference Policy and Procedure. (Commissioner Henning.) Item 1 OA to be heard at 11 :00 a.m. Recommendation to review and approve the February, 2008 Report of the Rural Lands Stewardship Area Committee entitled, "Rural Land Stewardship Area Five- Year Review, Phase 1 - Technical Report" for use in the Rural Lands Stewardship Overlay District Phase 2 Report and authorize transmittal to the Florida Department of Community Affairs. (Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning Department, CDES.) Item 10B to be heard at 2:00 p.m. Recommendation that the Board of County Commissioners review proposals and selection committee recommendation for approval of the award of RFP #08-5026, Development of the Bembridge Planned Unit Development. (Marcy Krumbine, Director, Housing and Human Services.) May 27, 2008 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #2B and #2C MINUTES FOR THE APRIL 22-23, 2008 BCC REGULAR MEETING AND APRIL 29, 2008 BCC GROWTH MANAGEMENT PLAN MEETING - APPROVED AS PRESENTED Entertain a motion to approve April 25th -- April 22/23, '08, BCC regular meeting and April 29, 2008, Growth Management Plan amendment meeting. COMMISSIONER HALAS: So moved. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner -- COMMISSIONER FIALA: Commissioner Fiala, uh-huh. CHAIRMAN HENNING: Commissioner Fiala. All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Go right into proclamations. Page 6 May 27, 2008 Item #4A PROCLAMATION RECOGNIZING JUNE, 2008 AS MY ASTHENIA GRAVIS AWARENESS MONTH ON BEHALF OF MARIE T. TRONNLOF, PRESIDENT OF THE GREATER CHAPTER OF THE MYASTHENIA GRAVIS FOUNDATION AMERICA - ADOPTED MR. MUDD: We have -- the first proclamation is to recognize June, 2008, as Myasthenia Gravis Award -- Awareness Month, on behalf of Marie T. Tronnolof, president of the Greater Naples Chapter of the Myasthenia Gravis Foundation of the America. Roberta Hect will be accepting this proclamation. Ms. Hect? COMMISSIONER FIALA: Arthur Hect will be coming up here to receive this. Arthur, a friend of the community and a great leader in the Naples Press Club, by the way, and a good friend. MR. HECT: Thank you very much. COMMISSIONER FIALA: Thank you for being here, Arthur. And would you like to face the camera so they can see who you are. Thank you. Proclamation: Whereas, myasthenia gravis, Greek and Latin words meaning grave muscle weakness, is a chronic autoimmune muscular disease which affects an estimated 14 out of every 100,000 individuals without regard to race, age, sex, or economic background. It is a probable -- it is probable, however, that myasthenia gravis is under-diagnosed or misdiagnosed and the prevalence may be higher; and, Whereas, myasthenia gravis is characterized by a fluctuating weakness of voluntary muscle groups with symptoms including blurred and double vision, loss of balance, slurred speech, difficulty in walking, swallowing, chewing, breathing. The weakness increases Page 7 May 27,2008 with continued activity with the muscle distribution and degree of weakness varying from myasthenic to myasthenic; and, Whereas, there is no cure for myasthenia gravis but there are effective treatments that allow many but not all people with myasthenia gravis to lead full lives; and, Whereas, there is much that can be done and still much to understand. Research plays an important role in finding new answers in treatments for myasthenia gravis; and, Whereas, the Myasthenia Gravis Foundation of America, Incorporated, along with its local chapters, seeks to assist those suffering with myasthenia gravis and to increase awareness of this formally fatal and crippling decease. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that June, 2008, be designated as Myasthenia Gravis Awareness Month. Done and ordered this 27th day of May, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. And Mr. Chairman, I make a motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve, second by Commissioner Coletta. 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Congratulations. (Applause.) Page 8 May 27, 2008 COMMISSIONER FIALA: Thank you. MR. HECT: Thank you. Thanks so much. COMMISSIONER HALAS: Thank you very much. CHAIRMAN HENNING: Get a picture, please. COMMISSIONER FIALA: Arthur, come back and let us take a picture of you. COMMISSIONER HALAS: Commissioner, I have a question. Is this similar to Lou Gehrig's disease? COMMISSIONER FIALA: I don't know. MR. HECT: No, it's not. COMMISSIONER HALAS: Oh, okay. MR. HECT: Thank you. COMMISSIONER FIALA: Thank you very much. Would you like to say a few words, Arthur? MR. HECT: As a myasthenic myself, on behalf of the Greater Florida Chapter of Myasthenia Gravis, the national foundation and all myasthenics of Collier County, I gratefully accept this proclamation. This proclamation represents an important part of the association's campaign, which extends across the county, the country, and internationally, to increase awareness among the medical community, particularly, and the public at large, and hope that individuals receive proper early diagnosis, optimal treatment, and the discovery of an ultimate cure for this disabling disease. Thank you, Commissioners. Appreciate the proclamation. CHAIRMAN HENNING: Thank you. Item #5A PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD FOR MAY, 2008 TO DR. JAMES AL WARD V AN FLEET, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - PRESENTED Page 9 May 27, 2008 MR. MUDD: Commissioner, that brings us to presentations. The first presentation is to the advisory committee outstanding member for May of 2008, and that's to Mr. James Alward Van Fleet, the Collier Government Productivity Committee. Dr. Van Fleet, come forward, please. Dr. Van Fleet has earned the respect and admiration of his fellow committee members, as well as county staff. Jim proudly serves as a member of both the Productivity Committee and the Hispanic Affairs Advisory Board. He has held the position of chairman of both advisory committees. Jim has used his expertise in economics, public administration, and urban planning to bring many products to successful completion. Jim is proud to call Collier County his home, and he works hard to ensure that our community remains a great place to live. His sense of humor, attention to detail, and high level of professionalism truly make him an outstanding advisory committee member. Ladies and gentlemen, I'd like to present to you Dr. James Van Fleet, Advisory Committee Outstanding Member for May of 2008. (Applause.) CHAIRMAN HENNING: Congratulations. Hang that up on your wall, probably with many others, right? COMMISSIONER HALAS: Hi. COMMISSIONER COLETTA: Thank you for your service here. DR. VAN FLEET: Thank you. Thank you very much. COMMISSIONER COLETTA: Thank you. Item #5B PRESENTATION BY THE NATIONAL WEATHER SERVICE DECLARING COLLIER COUNTY STORM READY - PRESENTED Page 10 May 27, 2008 MR. MUDD: Commissioners, the next presentation is by the National Weather Service declaring Collier County storm ready. Gentlemen, could you please come forward. MR. POST: Good morning. My name is Rusty Post. I'm the meteorologist in charge of the National Weather Service over in Miami. We're collocated with the hurricane center on the campus of FlU over there. And I am so pleased to be here today to recertify Collier County as storm ready. That program started as a grass-roots program in Oklahoma back in 1999. And it's a certification of the county that the resources are in place and the operations are ready to handle any emergencies, which not only includes hurricanes but also tornadoes and wildfires. And so without taking any more time, we have your storm ready certification for another three years from 2008 to 2011, and I will say that Collier is one of the first counties in the state to have this certification, and this is your second renewal, and that's quite an accomplishment. So congratulations. CHAIRMAN HENNING: Congratulations. (Applause) COMMISSIONER FIALA: How do you get ready for a tornado? MR. POST: I'm sorry? COMMISSIONER FIALA: How do you get ready for a tornado? COMMISSIONER COLETTA: Wear a helmet wherever you go? MR. POST: We have a weather radio transmitter in Naples that will transmit a warning ~hat we will broadcast from the Weather Service office there in Miami and the preparedness rules. We have sky warn spotters throughout the county that are watching for funnel clouds and the development of tornados, so that's about everything Page 11 May 27, 2008 you should -- COMMISSIONER FIALA: Is there a horn or something? I'm sorry to ask this question, but with all the tornados going around the United States of America, I though, is there some kind of a warning signal for us? MR. POST: Absolutely. The weather radio has a tone alert that will wake you up in the middle of the night so that you will know if a warning's in effect, and you can go into the lower floor bathroom or an enclosed room with no windows and take up -- COMMISSIONER FIALA: If you have a weather radio. COMMISSIONER COLETTA: Could you tell the public about how -- CHAIRMAN HENNING: Let's get up to the mike, if you don't mind. MR. POST: Oh, sure. No problem. COMMISSIONER COLETTA: Would you be so kind as to tell us -- to tell the public out there how they can get involved as storm watchers? MR. POST: Absolutely. The Weather Service has a series of courses for sky-warn spotters. It's called Project Sky Warn. And there's a basic course that we offer here in Naples for anybody who wants to volunteer, and it's announced on our website, which is weather.gov, G-O-V, slash Miami, and it's right on the front page at the bottom. And then there's even an advanced weather spotter course that is also offered. And once you get that, you get a number that identifies you as a storm spotter, and you also get a 1-800 number or the ability to contact our office through the hand radio volunteers. So all of this works as a program to enhance preparedness for tornados. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Just to help answer Page 12 May 27, 2008 Commissioner Fiala's question. All citizens ought to have a weather alert radio in their home. MR. POST: Absolutely. COMMISSIONER HALAS: And you can purchase them locally at Radio Shack or any other place, and that gives you a warning, audible warning, in the middle of the night that will wake you up, and it will also tell you the areas of concern in Collier County or around the surrounding counties. So it's something that everyone should have. They're battery powered and they're also capable of being plugged into an AC outlet, so it's got battery backup in case you lose power. CHAIRMAN HENNING: Right. MR. POST: Absolutely. It's also the fastest way to get the information on hurricanes. COMMISSIONER HALAS: Yes. MR. POST: All of the advisories, plus our hurricane local statements are broadcast on there immediately, so -- CHAIRMAN HENNING: Great. MR. POST: -- it's a great idea. CHAIRMAN HENNING: Thank you. MR. POST: Uh-huh. Item #5C PRESENT A TION ON THE NAPLES JAIL IMPROVEMENT PROJECT BY VANDERBILT BAY CONSTRUCTION, INC.- PRESENTED MR. MUDD: Commissioner, that brings us to our next presentation, and that's about the Naples jail improvement project, and the presentation will be by Vanderbilt Bay Construction, Inc. And Damon Gonzalez will do the intro. Page 13 May 27, 2008 MR. GONZALEZ: For the record, my name is Damon Gonzalez, Facilities Manager, Department of Facilities Management. Commissioners, this presentation will be very short for security reasons and due to the type of facility. And with that, I'll turn it over to the project manager, Matt Maury, from Vanderbilt Construction. MR. MAURY: Good morning, Commissioners, ladies and gentlemen. On behalf of Vanderbilt Bay Construction, it's my pleasure to present the following progress report for the Collier County Jail improvements project. Please allow me in the next few minutes to provide a brief description of the scope of work being performed and the current status of this unique technically challenging project. The project located at the Collier County facilities encompass six individual cell blocks, along with several associated corridors and a jail administration area. The scope consists of both interior and exterior improvements. Interior renovations include the removal and replacement of deteriorated under-slab plumbing, painting, and the application of Tnemec epoxy floor system. The exterior renovations include the removal of existing stucco to be replaced with a superior Dryvit system in conjunction with the replacement of 647 stainless steel high-security windows. The Dryvit system selected to replace the existing stucco is a commercial grade Outsulation System, offers a highly energy efficient light-weight cladding system. Subsequently, the stainless steel Hope manufactured windows were selected due to their superior quality and durability. A predetermined 12-month construction schedule allowed for a maximum two-month turnaround duration per cell block. This extremely tight schedule required highly tuned coordination and an immediate response no matter what the difficulties or scope of work were encountered. Page 14 May 27, 2008 The required corridor work proved to be a challenge in itself. At several -- five separate locations and times, two main corridors which served as main artilleries -- arteries for the inmate population were required to be shut down to accommodate the plumbing replacement. All corridor work was performed in conjunction with an adjacent cell block and turned over within less than two weeks per location. This was to provide any -- to prevent any inconvenience to the jail staff. With this being said, VBC mobilized the site on Monday July 25, 2007, and immediate (sic) commenced renovation on cell block five. As of today, May 27th, almost 10 months to the date since commencement, VBC has completed five out of six cell blocks. I am pleased to say we are currently on schedule and on track. And as with any remodel, the element of surprise involved, VBC has managed to date; therefore, we see no reason at this time the occupancy cannot be granted on the date agreed. Thank you for allowing me to present the current status of the project. CHAIRMAN HENNING: Questions? Commissioner Halas? COMMISSIONER HALAS: I guess what you're saying is you're almost 90 percent done? MR. MAURY: Yep. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Any other questions? Thank you. MR. MAURY: Tl1ank you. Item #5D DISTINGUISHED BUDGET PRESENT A TION AWARD FOR THE CURRENT FISCAL YEAR (21 ST) FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTED TO THE OFFICE OF MANAGEMENT AND BUDGET; ACCEPTED BY JOHN YONKOSKY, DIRECTOR, OFFICE OF Page 15 May 27, 2008 MANAGEMENT AND BUDGET - PRESENTED MR. MUDD: Commissioner, that brings us to our last presentation, and that's to a -- that is for a Distinguished Budget Presentation Award for the current fiscal year, which is 21st award from the Government Finance Officers Association, the GFOA, presented to the office of management and budget. To be accepted by John Yonkosky, Director of Office and Management and Budget. And I see Mike Smykowski couldn't make it. Okay. CHAIRMAN HENNING: Great. I have something here for you. It's the award. MR. YONKOSKY: Thank you. CHAIRMAN HENNING: No. Thank you. You going to tell us what a wonderful job you're doing? MR. YONKOSKY: I would like just to say something briefly, but not about that, Commissioner. Good morning, Commissioners. My name is John Yonkosky. The Distinguished Budget Award that you just presented to your budget office is for Collier County Florida's fiscal year 2008 budget adopted by you on September 20,2007. This award-winning budget was developed under the skillful guidance and direction of Mr. Mike Smykowski who can't be here this morning but would like to be here. Mike was one of the most talented and professional budget directors that Collier County has had in its 85 years of existence. On Mike's behalf and on behalf of the entire budget office staff, thank you for this recognition. Thank you very much. (Applause) CHAIRMAN HENNING: The budgeting tracking system is great. It works out welL What's the name of it? MR. MUDD: Gov Max. Page 16 May 27,2008 CHAIRMAN HENNING: Gov Max. Works out well. What's next item? Item #6A PUBLIC PETITION REQUEST BY DONALD SCOTT TO DISCUSS SHORT TERM USE OF OFFICE SPACE TO STORE FURNITURE FOR VOLUNTEER COLLIER - MOTION TO BRING BACK - NO MAJORITY VOTE - NO ACTION MR. MUDD: Commissioner, we go to public petitions. The first public petition is a request by Donald Scott to discuss short-term use of office space to store furniture for Volunteer Collier. MR. SCOTT: Mr. Chairman, Commissioners, good morning. My name is Donald Scott. I'm a resident of Naples, and I'm president of Volunteer Collier. Parenthetically, somehow that request got misconstrued. It's-- and I'll tell you about it in just a minute. I have two of my board members with me this morning, Sharon Downing and Ray Cadwallader, back here. Volunteer Collier has been created to recruit mobilized volunteers for the benefit of all non-profit agencies in Collier County. For many years there's been a major gap between all of the non-profits who are pleading for volunteers and the potential volunteers, thousands of them, in fact, who want to volunteer but don't know how to go about it and don't know with which agency to associate themselves. Because religious organizations have a mandate to feed the poor, house the homeless, clothe those without, the sick, and those in prison. Over a year ago we contacted seven of the largest congregations in the county: St. John the Evangelist, North Naples United Methodist, Naples United Church of Christ, Moorings Presbyterian, Emmanuel Page 17 May 27, 2008 Lutheran, Temple Shalom, and Trinity by the Cove Episcopal Church. Since then, St. Monica's Episcopal has joined us and we are in conversation with Vanderbilt Presbyterian and the Church of Jesus Christ of Latter Day Saints, and we have introductions to First Presbyterian and First Methodist in Naples. The original seven agreed that there was a need to provide an easy way for their people to determine with which charity or non-profit they should be volunteering and a way to get involved. They also believe that it's important to establish a pool or reserve of trained volunteers. A year ago we began the process. First we affiliated with Point of Light Foundation, hands-on network in Washington, Volunteerism Florida, the governor's program on volunteerism, and the Florida Association of Volunteer Centers, of which there are about 18. Secondly, we completed a needs assessment, a business plan, incorporated as Volunteer Collier, and established a web domain. This year we held our first official board meeting, formed our board of directors, voted on the required items, and received our designation as a tax-free 501 C-3 organization. During this period, we received outstanding cooperation and support from the Community Foundation and its director, Mary George; United Way and its director, Ernie Bretzmann; RSVP and its director, Sharon Downing; and the Greater Naples Chamber of Commerce and its director, Mike Reagan. Our purpose and intent is not only to provide an easy way for all the citizens of Collier County to become volunteers either directly or in a pool of trained persons ready to fill in when needed, but also to promote the personnel, material, and financial needs of those agencies to the public. To that end, we are beginning this month to solicit volunteers for the Collier County Bureau of Emergency Services so that they may be trained this summer to act in the event of a disaster. Page 18 May 27, 2008 In addition, we intend to make our services available to the county for human services and environmental matters when required. As we continue on this road to increase volunteerism for the benefit of the citizens of the county, we are here today to ask for your help. We are asking the county to donate approximately 1,400 square feet of office space with the associated furniture for a period of one year. This should enable us to get up and running and allow us time to apply for sufficient grants from United Way, The League Club, and others such as the federal government, to begin receiving these monies next year at this time. Are there any questions? CHAIRMAN HENNING: Questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes. So basically what you're looking for is to be able to put together a voluntary organization to be able to control volunteers and you're looking for some help from Collier County Government to be able to use office space and furniture for a one-year period, just to summarize what you said; is that correct? MR. SCOTT: That's correct. COMMISSIONER COLETTA: And the volunteers are going to be able to serve at all levels and capacities within the county? MR. SCOTT: Yes. COMMISSIONER COLETTA: I guess my question would be to the County Manager, is this a doable thing, sir? I mean, we have a tremendous public benefit that could come from this. Is there some way within the frameworks that exist within our regulations that we could permit such a thing to take place? MR. MUDD: First of all, I've got to find a space, okay. And Commissioner, you have some things that are moving around. You've got a -- most of the library stuff moving into the new building at Golden Gate City out of the old library. There might be some space there. You've got space in community development right now Page 19 May 27, 2008 because of the hiring freeze and it's 70-some-odd employees that they don't have. I would -- I would say that it's doable in that particular respect. It's not necessarily -- there is no precedent, I don't believe, at least since I've been the County Manager, that's basically going to happen. And the liability piece, I'm going to ask the County Attorney to discuss that particular issue. MR. KLATZKOW: Well, I'm concerned about the liability piece. I'm mostly concerned about whether or not this will be a secular rather than religious-based volunteer organization. I just don't have enough in front of me. COMMISSIONER COLETTA: Well, the-- CHAIRMAN HENNING: Go ahead. COMMISSIONER COLETTA: Okay. Would this -- this might be an item we would need to be bring back to find out what all the ramifications would be? In that case, I'd be supportive of bringing it back to get a full report from the County Attorney and possibly the County Manager as to resources that would be available. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have some concerns. Who's going to pay for the lights and power and phones? MR. SCOTT: We could work that out with the County Manager. COMMISSIONER HALAS: Okay. Because I think that in order to be fair -- and, again, I think the County Attorney brought up some very good points here in regards to, you know, where does this lead us to. And in the past, as you know and you brought out this morning in your presentation, that we don't get really involved in issues whereby people come to us always looking for taxpayers' money. And we feel that this community is such that a lot of the issues that confront us on a daily basis can be taken care of by charitable organizations. So I guess we just have to look at the big picture here and figure Page 20 May 27,2008 out where this is leading us. I really appreciate your presentation today. MR. SCOTT: Thank you, Commissioner. It is a charitable organization. And the only function that we serve and -- I mean, for instance, take the situation you just had with the award to the weather people. They list on their website needs, you know. Naples Daily News lists people who, volunteer match, with where you're associated, lists them, but there's no proactive activity in this county to promote the needs of the non-profits to the county, and that's what basically is the other half of the equation. We're going to solicit volunteers. We can get them more easily from the churches because they've got captive groups, but we really want to promote the needs of the non-profit agencies and the county to the citizens of -- CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I got -- last follow-up question. The amount of churches that we have in this community, do they have the ability to maybe offer you a space for such this -- for such an endeavor as you have right now? MR. SCOTT: We're going to explore that. COMMISSIONER HALAS: I think that would be a good place also. MR. SCOTT: I thought since we're going to be involved with volunteering -- asking for volunteers for the benefit of Collier County, that the county might have space someplace to give us for a year till we get started and get up and running. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm willing to bring it back as well, and you've made some good suggestions about where we could temporarily house them. We plan on getting back on our feet in the next year or two and getting our staff back again. Right now we're very low on staff, and so we have space. But we don't want to -- you know, once we settle you in, when we need the space back again, you Page 21 May 27, 2008 know, I'm hoping that you'll have a place already identified that you can move to. But I'm willing to bring this back for discussion. CHAIRMAN HENNING: Sir, you want to promote the needs of the non-profits. And they don't do that now? MR. SCOTT: They list -- well, some of them who are the more mature ones, either via the newspaper or brochures list their volunteer needs. But that may be -- for instance, let's say, the Boys and Girls Club or the Shelter for Abused Women, some of the more mature agencies. I'm glad to see Vann Ellison here this morning. They've been helpful in -- to us and they have lots of needs. But a lot of them don't know how to go about making their needs known, and that's what our job is going to be. We're going to take these non-profits out to all the churches and various social action organizations in the county and do just that. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. And would you be also willing, aside from non-profits such as the ones you've just mentioned, also will your volunteers maybe be volunteers in libraries where we could use them, or parks or different areas around the county that also might be helpful that aren't actually one of the not-for-profit social service agencies, and yet at this time our workforce is down so much that we'll need some volunteers also. Maybe it could be a cooperative effort, probably even the school system and things. MR. SCOTT: Yes. CHAIRMAN HENNING: How long you been a not-for-profit? MR. SCOTT: Three months. CHAIRMAN HENNING: Oh. MR. SCOTT: We got it in three-and-a-halfweeks. CHAIRMAN HENNING: I see. County Manager, I just want to tell you that the Golden Gate Library has impact fees accredited to it, the old facility. So you're going to -- if you want to use that for something else, you've got to Page 22 May 27, 2008 figure out how you're going to pay -- reimburse the impact fees. And then community development, that's a fee-based service. So, again, you're going to have to figure out where you're going to get the money for space in there. Commissioner Coletta? COMMISSIONER COLETTA: Yes. And all that's one of the reasons why we need to bring it back because there's a lot of unknown questions. The -- one of the reasons why I'm supportive of it, we're in unusual times right now. There's a tremendous demand for all sorts of social service agencies, what they can provide, food, clothing, shelter, counseling, and they're lacking volunteers to keep it going forward. And during these unusual times, especially when the county's down in their workforce and we have empty offices available, I think it's worthy of our consideration. I don't even have all the answers at this point in time, but I'd really love to have it come back again. CHAIRMAN HENNING: Is that a motion? COMMISSIONER COLETTA: That's a motion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Is there a second to the motion? There's a motion and a second. Any further discussion? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. We have a tie, so it doesn't go anywhere at this point. Okay. Thank you. MR. SCOTT: Thank you. Item #6B Page 23 May 27, 2008 PUBLIC PETITION REQUEST BY V ANN ELLISON TO DISCUSS THE IMP ACT FEE DEFERRAL FOR THE WOLFE APARTMENTS - MOTION TO BRING BACK ALL OPTIONS - APPROVED MR. MUDD: Commissioner, our next item is a public petition request by Vann Ellison to discuss impact fee deferral for Wolfe Apartments. MR. ELLISON: Mr. Chairman -- CHAIRMAN HENNING: Good morning. MR. ELLISON: -- Commissioners, good to be with you this morning. Thank you for a few moments of your time. We would like to request, on behalf of St. Matthew's House, as we operate Wolfe Apartments and have successfully done so for the past five years, that the county would work with us to resolve a situation involving our impact fees. Wolfe Apartments was established as a transitional housing opportunity for individuals who are homeless to be transitioned into the community in a way where they could be productive and make a difference in their community. What we've found at Wolfe Apartments is at this time we're 100 percent full. In the last fiscal year, we had seven of our residents move out into home ownership, which is exciting to have individuals come to us who are homeless, and after transitioning through Wolfe Apartments -- we're working to resolve homelessness, not to house, but to see lives transformed and to see them changed. Wolfe Apartments is an integral part of that. The county commission originally gave us a five-year impact fee waiver or a deferral. And what we're asking at this time, because of the difficult economic times and because of all the situations that St. Matthew's House is facing -- this last fiscal year, for instance, the amount of individuals requesting food for (sic) us has more than doubled. Our Page 24 May 27, 2008 occupancy rate at our shelters is above full every day, and it's becoming increasingly difficult to meet all the needs of the county in the manner in which we're doing. And so we've asked the county commission to use fee -- funds that have been set aside in the voluntary fund that have been set up to pay impact fees from our builders to help pay those impact fees for the Wolfe Apartments. We've had several discussions with individuals, and this is a viable project. HUD has been involved in it. The community has raised more than $4 million to build these apartments, help fund the operation, and to establish a way that lives can be transformed. It's in Commissioner Henning's district, Wolfe Apartments are. Most of the residents have come out of District 1 and really seen their lives transformed through this valuable project. And we're requesting at this time that the commission would use voluntary funds that have been set aside in an original fund created by Commissioner Coletta and others, that those funds would be used to pay the impact fees. At this time that's our request before the commission, and we're asking for assistance in this matter. CHAIRMAN HENNING: Questions? Commissioner Coletta, Commissioner Halas. COMMISSIONER COLETTA: Yes, thank you. We've been down this road a couple of times. And I want you to know I'm very supportive of what you're trying to do. And I guess my question would be is -- these funds -- I know that St. Matthew's House is extremely strapped for funds at this point in time, and this is something the commission has granted you in the past, and of course, you're here because the time has run -- ran out actually. It was -- when was the due date? MR. ELLISON: It's in June. COMMISSIONER COLETTA: June. Well, it's just about ready Page 25 May 27, 2008 to come. Do you have the funds available to be able to pay those impact fees? MR. ELLISON: We've raised $105,000 toward payment of those impact fees. The total amount owed is roughly 178,000. Since meeting with the commission several months back, we've endeavored to raise the funds to pay them. And at this point we've raised 105,000 of that. COMMISSIONER COLETTA: Okay. And the Wolfe (sic) Apartments, are they financially stable as an entity in themselves? MR. ELLISON: They are. They're stable at this point. They're -- it's a very tight budget. It's working at a zero profit margin really. It's a -- we're doing 60 percent of the adjusted value of the apartments compared to a free market rent. So it's a -- still, it's a structured housing arrangement, and so there's case management, there's some additional expenses as Wolfe Apartments would operate as opposed to a regular housing complex. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I believe that when you came before the Board of County Commissioners before, I asked you what you had in escrow, and at that time you told me you didn't have anything in escrow. And I told you then that you needed to go out there and get it. Understand the economic times that we're in. But when times were good, you didn't make a real effort to try to accomplish the task of paying back the impact fees, and now you're here asking us to come up with additional impact fees to pay it out of another -- another box of money. I'm concerned that what you're trying to do here is not stand up to what you're supposed to pay. And you got 105,000. I think that if you went out there and solicited heavier, that you'd probably make up the 178,000 that you're short. That's my feeling, okay? CHAIRMAN HENNING: Mr. Klatzkow, I have a question. Page 26 May 27, 2008 MR. KLATZKOW: Yes, sir. CHAIRMAN HENNING: Let's say the board does not grant the request, what would happen in June since the -- we have an agreement? MR. KLATZKOW: There is a series of permits that were filed from June, I think, through August -- and Amy has the dates. Impact fees are -- would be six years after each and every one of those permits. So the answer's really, through August, there was a staggered number of permits. It eventually adds up to the $178,000. At that time I believe it's an almost lien on the property. At that time they'd be in default, and sooner or later I would come back to the board and ask whether or not you wanted us to collect on that. CHAIRMAN HENNING: Collect on them through the legal manners? MR. KLATZKOW: Through the legal manners, yes. CHAIRMAN HENNING: I see. Commissioner Fiala? COMMISSIONER FIALA: Yes. Is there ever a way for compromise, such as, they've raised 105,000 now, they could put that down on this, and then they still owe 73,000. Could we give them a year to make up the other 73,000? MR. KLATZKOW: If you're asking me, ma'am, the answer's yes; that would be a board decision. I would tell you your current policy is 10 years on the deferrals. At the time it was six years. So that you could give him, to bring it up to what everybody has now, a four-year extension on the remainder. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I think that would be an excellent suggestion. You know, I'm a little troubled by the fact that we're in such difficult times for so many of our residents that we're so concerned about a small pool of money for impact fees when we have a non-profit that's doing so much good for our local residents out there Page 27 May 27, 2008 swinging to make it all come together. I would, myself, like to see us extend it for four more years to be able to bring them on par with what already exists with our current ordinances. That's my own personal feeling. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I understand where you're coming from, Commissioner Coletta, but this gentleman really hasn't made a real effort. He says he has 105,000 in escrow, but I don't think they've really made an effort. And I believe if we open up this gate, that we may have additional people coming forward. And I think that we have to -- maybe with the idea that Commissioner Fiala had is, that we tell him to take the 105,000 and put that towards a down payment and we give him an optional one year to come up with the additional money. I would go along with that. This gentleman's made a commitment to the board at one time. I believe this is about the second time that he's come before this board. And even in good times, there hasn't been a real effort. So I think that right now, if we took the 105,000 and then give him an additional one year, that we can -- and then we'll address it again for the remainder. CHAIRMAN HENNING: Mr. Ellison, there was an article in the Naples Daily News about using this fund. It's in the board's request for -- these units be -- remain for legal citizens. Is that a problem with St. Matthew's House? MR. ELLISON: St. Matthew's House Wolfe Apartments operates under landlord/tenant laws, which require us to verify citizenship or verify identification. And all of our apartments are rented out to legal citizens or legal residents. We do have individuals who might be originally from a foreign country, but they're legal residents. CHAIRMAN HENNING: Sure. MR. ELLISON: But under landlord/tenant law, we're required to Page 28 May 27, 2008 do that, and we always abide by the laws as they're -- our board has adopted resolutions that we will abide by all laws, federal, state, and local under all circumstances in regard to illegal aliens. CHAIRMAN HENNING: So it's not an issue? MR. ELLISON: It's not an issue for us. CHAIRMAN HENNING: It was -- the article wasn't true. You know, Wolfe Apartments has been wonderful out in Golden Gate. No problems. St. Matthew's House does provide a great service. You do have these donations. I think you've got $3 million in that pot now, of those volunteer donations? MS. PATTERSON: Hello. Amy Patterson, impact fee manager, for the record. There are almost $8 million in commitments for the -- for the contribution; however, there's approximately $150,000 that's been collected to date. CHAIRMAN HENNING: Hundred and fifty thousand. So that's what you have in there now. MS. PATTERSON: Right. CHAIRMAN HENNING: You know, I'm -- I think St. Matthew's job did a -- St. Matthew's House did a wonderful job of trying to collect the monies, $150,000. And if we can assist them so they can continue to do the good job, that's really, I think, what those affordable housing donation funds was for. Commissioner Coletta? COMMISSIONER COLETTA: If you're suggesting, Commissioner Henning, that we take that $150,000 in that fund and apply it towards the impact fees, I could support you on that. MR. KLATZKOW: Sir, I'd just say that you have no policy as to the use of those funds, and I don't know if -- what the clerk's position would be without such a policy. CHAIRMAN HENNING: Okay. Well, it still needs to come back. My suggestion, Commissioner Coletta, is St. Matthew's House Page 29 May 27,2008 has 105,000. The total is 178,000. Use the remainder due, use those affordable housing donations. That's my suggestion. COMMISSIONER COLETTA: I think it's worthy of consideration along with the idea of maybe spending the whole 150- to try to buy down their debt. Right now, if I may -- may I-- CHAIRMAN HENNING: I don't understand what you're meaning by 150- to pay down their debt. COMMISSIONER COLETTA: Well, I'm sorry. We were just told we have 150- in that particular fund. CHAIRMAN HENNING: We're saying the same thing. You and I are saying the same thing. COMMISSIONER COLETTA: But I would be more inclined to use the total 150-. St. Matthew's House serves a great purpose. I know that they're financially restraints (sic) right now. They don't have enough money to be able to buy the food that they need. They're going from day to day. Their fundraising efforts -- I mean, this is a separate fundraising thing. And I want to make sure everybody understands. I know St. Matthew's House, and they've been -- their first priority's never going to be the impact fees. It's going to be to care for those people that need the help, and they've been making every effort to try to cover the gaps that no one else can cover out there. And on top on of that -- and this -- good times haven't been for the last year. We've been in these type of bad times now for a year and a half, and that's within the framework of time that you came before us. I want to make sure that everybody out there understands that St. Matthew's House out there is not the villain; they're the victim and that they're trying to do everything they possibly can to make this process work. And I would be very, very much appreciative if we could bring this back and look at all the different options at that point in time of Page 30 May 27, 2008 what we could do with that $150,000 to be able to make it serve the public at the very best that it possibly could. CHAIRMAN HENNING: Is that a motion? COMMISSIONER COLETTA: Yeah. I think -- that's a motion, yeah, but I want to leave all options open that we can consider when it comes back, rather than narrow it down just to one or two at this time and so you can hear everything that's available. CHAIRMAN HENNING: And I'll second that motion. Is there any discussion on the motion? COMMISSIONER FIALA: Yes. So you're talking about bringing it back and then discussing these things? CHAIRMAN HENNING: Yeah, give us like three options. Okay. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank you. MR. ELLISON: Thank you. Item #6C PUBLIC PETITION REQUEST BY RICHARD WILLIAMS TO DISCUSS THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT AT 740 29TH STREET NW - DISCUSSED MR. MUDD: Commissioner, that brings us to 6C, which is a public petition request by Richard Williams to discuss the Vanderbilt Beach Road extension project at 740 29th Street Northwest. Page 3 1 May 27,2008 MR. WILLIAMS: Good morning, Commissioners. My name is Richard Williams. My wife and I own property at 740 29th Street Northwest. This is probably one of the hardest things I've ever come up with, being that you've -- this new road, Vanderbilt Beach Road extension is going through. There's been several proposals, several meetings, that you actually were not going to touch any of my property whatsoever. Then it came down to 50 feet of my property. Then when they came up with another road plan, that was actually going to take 75 feet of my property, all the way down to 660 feet, which was no problem, I understand, six -lane highway has to go through. But in the last meeting, now the canal is being diverted and you want to take over half of my property for this canal system. The way the bridge was first designed, it was going to be at the very end of 29th Street Northwest. Now it's moved in order to make an intersection for Old Florida Golf Course (sic). In doing so, we're taking over half of my property to move the canal over, which is going to be a very hardship to me, my property, because I own approximately five acres in that one spot. The way they have this drawn out is that they would cut down all the trees that I have tried to save over the years. The side of my house, I would be up to only seven feet, seven to 10 feet on the side. County would own the rest up to the canal. At that point that's not leaving me any option to build onto my house, enlarge my home, and it's a very hardship. So I would like you to consider taking my full property. You are taking 169 feet of a 319- feet property that I own now, leaving me with only 150. This would leave only seven feet on the north side of my home. When I built my garage on the south side, I had to leave 30 feet for an easement, and now I'm not even going to be left with that if this road goes through. I first purchased my home in '86, 1986, and the north side of the Page 32 May 27,2008 property in 1985 -- '95. I joined both of the properties in '06 for tax reasons just so it would all be under one homestead, because every year the taxes were going up more and more, and I knew that I was not going to sell that property. It was to be preserved. So my property has been certified as a wildlife habitat by the National Wildlife Federation. I now have a family of fox, raccoons, deer, other numerous species of wild birds, and it has been my way of life in Golden Gate for 22 years. This Vanderbilt Beach Road extension project will be a disaster to us and all the wild animals that rely on my property. The land will be stripped of all its trees. I would rather you take all of my property or none at all at this point. As far as making us whole again, it would be almost impossible at this stage in my life. Our home has been made into a very efficient, energy-efficient home, hurricane-proof residence. I do not want to give it up just for an intersection for Golf Club of Everglades. It's totally ridiculous. The impact from the construction alone would cause my well to collapse, my walls and foundation to crack, or maybe destroyed. Our septic system is in the rear of the home. It would be very hard for the septic service to even service my well -- my septic system in the back of the property with no room on that north side. In addition, I have no room to expand our home. The whole road project has been just devastating to my way oflife, and I stand here today before you to petition a full taking of my property. And I have some pictures just to show how things are actually looking. This one here is actually the way my property -- you'll see, it's actually divided into two with an imaginary line. You'll see 165 where the canal comes through. Now all that property right there and my home is all one piece of property. The county has their imaginary line like it's two pieces of property. It is actually one. And if they do take this, this is going to Page 33 May 27,2008 leave me with only seven to 10 feet at the most on the very side of my house. I have a better picture here. This might be a little bit -- a little bit closer to you. My home now is right here, and all of this property here is mine. This is all -- the way this first road was designed, this intersection was not even in the plans. It was actually going to be a merge where the pump house is. There's only seven homes back in the back, and there's no way that you'd be putting a big intersection for seven homes. This is an intersection for Old Everglades Golf Course. And in order to do that, that's why the canal is being relocated and taking my property because the first -- when they started, the BC plan or the BB plan, it was going straight through. They had no option. They were not even thinking about moving this canal until somebody, all of a sudden, decided, well, let's make an intersection here. And really, right now, I don't think county taxpayers should be paying for my property. I think if anybody's going to pay for my property, it's going to be Old Florida (sic) -- or Old Everglades Golf Course, because that's who this intersection is for, not anybody else. So that's pretty much what I have. This is one of the hardest things I've ever had to do is ask somebody to take my home. I've been here 22 years in this home. I have made Collier County my life, and to actually ask you to take my home is just very hard for me to do. The problem now -- you've already taken one home at the very end of our street. Since then it has become a mecca for four-wheelers, mini-bikes. Every day I have to hear what's going on there. It's just ridiculous. Every day when I go home, there's kids down there playing. There's been a camp site down there. By the time I've called the police, it takes them about 20 minutes for them to get out there, they're already gone. This goes back and forth. Page 34 May 27, 2008 And if you take this property from me without taking a full take of my property, I will not have any control up to the canal, like most people do in the Estates. They own up to the canal. So this is going to happen right beside my bedroom and living room window. It's -- without anybody putting a fence up or anything to keep people out. It's going to just destroy my whole way of life. So with that said, it's just one of those things that I'm going to have to give up my home in order to make this whole again. I really don't know how else to put it. So if you have any questions, that's pretty much what I've got to say. CHAIRMAN HENNING: Okay, great. Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. Would you put that picture back up? Now, you keep talking about right outside your bedroom window and -- MR. WILLIAMS: Yes. COMMISSIONER FIALA: -- seven feet. I don't see what's seven feet, so I'm trying to -- MR. WILLIAMS: Okay. Right here. COMMISSIONER FIALA: Yeah, but there's a whole bunch of land before the canal. MR. WILLIAMS: Yeah, but this is all my property, and here in the green is what they want to take, and that property line goes -- that's part of my five acres. They're splitting my five acres in half, and up to my house, all the way up. This is the end of my house right here. COMMISSIONER FIALA: So in other words they're not building anything seven feet from your house and they're not building a canal there and they're not building a road there and they're not building an intersection? MR. WILLIAMS : Well, they are putting the canal there, and they're going to take out that whole lot of trees to put the canal there; yes, they are. They are -- actually want to take -- that all in green Page 35 May 27, 2008 there, that's over half of my property. COMMISSIONER FIALA: And they're going to take all the trees out of all that green, you're saying? MR. WILLIAMS: Yes, they are, because they're going to run a canal through there -- COMMISSIONER FIALA: Well, yeah. MR. WILLIAMS: -- and they want to access this. COMMISSIONER FIALA: You know, people pay a bunch of money to live on a canal. MR. WILLIAMS: Oh, yes. COMMISSIONER FIALA: Right. And so I better ask, are you taking all the trees out after the canal between -- he's saying seven feet from his property, and I'm having problems with this picture. MR. WILLIAMS: Well, this is all my property. COMMISSIONER FIALA: Well, you said seven feet from your window. MR. WILLIAMS: Well, that's how they want to split it up, yes. I'd rather for you to take it all than leave me with only seven feet. MR. AHMAD: Good morning, Mr. Chairman. Jay Ahmad, for the record. I'm your Director of Transportation Engineering. What I got on the visualizer is a more up-to-date plan, essentially the same plan that Mr. Williams showed you. And in may, Mr. Williams owns this five-acre parcel that you see here. Vanderbilt Beach Road, six-laning goes outside Mr. Williams' property. Indeed, the canal is being relocated within his property. The taking line that we are proposing is actually -- is this line, and it is approximately 84 feet from Mr. Williams' property. We are not taking that line that Mr. Williams showed which divides the property within seven feet. That is -- MR. WILLIAMS: That's your drawing. CHAIRMAN HENNING: Okay. Page 36 May 27,2008 MR. WILLIAMS: That's not my drawing. That's yours. That's what I have to go on. CHAIRMAN HENNING: Right now we may have questions for you. MR. WILLIAMS: Okay. CHAIRMAN HENNING: And I understand that you're done with your presentation; is that true? MR. WILLIAMS: Yes. CHAIRMAN HENNING: Okay. Thank you. MR. AHMAD: Mr. Williams will be, from the taking line, 83.45 feet. What he'll end up with -- and also there's about -- approximately 20 feet to the top of the canal slope and to the middle of the canal, so essentially he's going to be over 100 feet to the center of the canal. We are making a total of 1.5 acres from the -- from are the entire parcel. This piece. None of the roadway, again, none of the road will be within his property. Vanderbilt Beach Road itself will be outside the property. The edge of the travel way to the house will be approximately 240 feet from Mr. Williams' property to the edge ofthe travel way. Again, he will have a canal within -- on the side of his property, as shown on this map. He will have one-and-a-half acres less, and we don't recommend a full take of this property. This is a partial take. COMMISSIONER FIALA: Well, let me then ask, from this picture, he's saying that you're going to take all the trees out up to seven feet from his bedroom window. MR. AHMAD: That's not our proposal. We will not clear anything outside the right-of-way. COMMISSIONER FIALA: So he'll have 84 feet of trees yet? MR. AHMAD: Minimum. It could be 20 feet more. There will be on top of the canal -- within the taking line that we're taking, there will be a maintenance road for the canal. CHAIRMAN HENNING: Okay. Other questions? I -- Page 37 May 27, 2008 Commissioner? COMMISSIONER COLETTA: Yes, thank you. I can understand that we're going to do something to change the view that's out there and the use of the property from originally what it was intended to be, and the opinion, the -- part of this commission, they've been pretty responsive to other people who come before us under public petition. My question is, is looking at this now, that -- the red line's not the line that you're going to be purchasing to. You're going to be purchasing to that other part of the five acres, that original piece that he bought before he added that other two-and-a-half acres to it; is that correct? MR. AHMAD: What we will be taking is actually less than that half line within that five-acre parcel. We're going to only take what is required for the roadway and the canal. COMMISSIONER COLETTA: I understand that. Could you put the old -- the other map up? It's a little bit easier to view that. Because I have a suggestion, and I don't know how practical it is. And can we zoom into that a little bit, Mr. Mudd? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: I don't know what it is, but whenever those things focus in and out, I start to get a little nauseous and I've got to look away for a second. COMMISSIONER FIALA: Are you a little dizzy? COMMISSIONER COLETTA: I don't know if it's the subject matter or the picture, but -- no, I'm not a little dizzy, thank you. Just right out of the box, a little bit of different thinking that may be able to compen -- accommodate everybody's needs that are there. Now, I would be concerned, too, if the property I owned was seven feet short of my property line. In other words, the property line he's going to be left with, even though there is going to be some woods and everything and what's going to be the county's property, he actually Page 38 May 27, 2008 only has seven feet between himself and the property line; is that correct? MR. AHMAD: I'm not sure where the seven feet comes from. I showed you 84 feet actually to the property line from the house. COMMISSIONER COLETTA: Go to the black and white below. Isn't that his house that we're talking about? MR. AHMAD: Mr. Williams' house is this, and his garage is here. COMMISSIONER COLETTA: Okay. In the upper right there of his property there from the house itself, there's another building. What's that building, sir? Mr. Williams? MR. AHMAD: This is his house and this is his garage. MR. WILLIAMS: Correct. This is the garage here. This is my house. You can hardly see it -- COMMISSIONER COLETTA: I can see it under DE, and that's the one that's only going to be -- it's going to be real close to the property line? . MR. WILLIAMS: Correct. If they take this whole property-- COMMISSIONER COLETTA: I understand. MR. WILLIAMS: -- got their line, then this -- unless they're now telling me something totally different, that they're only going to take just what they need for the canal. COMMISSIONER COLETTA: So in other words, what you're saying, Jay, is that you're not going to be -- you're going to be taking a -- not a straight line going across, but it's going to follow something like the right-of-way line? MR. AHMAD: Correct, sir. What we're going to be taking is essentially the red line, is what was shown on this map, is modified of that. We're refining that based on actual engineering maps. And it is this line that is going to be taken, or -- COMMISSIONER COLETTA: Yeah. Now the right-of-way Page 39 May 27, 2008 line, how much room do you need to actually be able to maintain -- do the canal and to maintain it? You wouldn't need anywhere near that amount of space, would you? MR. AHMAD: Sir, in may put the other map on. This is the canal. As you can see, it's in blue. The other blue line dashed is the top of the slope for the canal. That canal will have slopes on either side. And what -- from the top slope to the red line is -- the red line is the taking line -- is what we need for maintenance. Approximately 10, 15 feet for a vehicle to travel alongside of the canal to maintain that -- COMMISSIONER COLETTA: One more time. From the edge of the canal to where you need to maintain it, do you need the blue line or the red line? MR. AHMAD: The red line is the taking line. The blue line is the top of the canal slope. It's the top of the canal. COMMISSIONER COLETTA: Okay. So that changes the dynamics considerably. Now, what is that dotted line that shows from the house itself going up to the canal? I have no idea what that is. See right there? Yes, that's it. MR. AHMAD: That's the taking line. COMMISSIONER COLETTA: No, no. Go back down to the house. There's some sort of straight lines in there that are projected out from the house. They've got a -- MR. AHMAD: Oh, this line here? COMMISSIONER COLETTA: Two lines. MR. AHMAD: That's just my dimensions of how -- from the engineering drawing that we have, from this point to the taking line is 83.45 feet. It's a dimension line that -- just dimension, the distance from the taking line to the house. COMMISSIONER COLETTA: Okay. Now, do you have any intentions to disturb any of the trees that are -- the owner's side of the property line going back towards the house? Is there any intention to disturb any of those trees for any reason? Page 40 May 27,2008 MR. AHMAD: No, sir. From this line south, there will not be any disturbance. COMMISSIONER COLETTA: And the bank itself of the canal, the red line going back towards the canal, are you going to do a replanting in there? MR. AHMAD: It's -- pretty much the canal and the top slope will take all the trees, and the maintenance road is pretty much -- will be cleared from that line to the roadway. COMMISSIONER COLETTA: Okay. Now, it will be clear, in other words, all the way from the red line to the road? MR. AHMAD: Correct. COMMISSIONER COLETTA: Why would that be? MR. AHMAD: To build a canal and to build the roadway on the south side of the canal or the maintenance path, if you will, for vehicles to travel to maintain that canal. COMMISSIONER COLETTA: After you're through building the road and building the canal, do you have any intentions of planting anything between the Vanderbilt Beach Road extension and the canal? MR. AHMAD: Well, there will-- nothing at this time. We're at the 60 percent design stage, but I don't believe we have any plans for landscaping. Landscaping usually comes after our project, and they would do the landscaping plans. COMMISSIONER COLETTA: Mr. Williams, this is news to me and news to you, too. May I suggest maybe you get together with transportation, talk to them about what it is, then come back in to see me. MR. WILLIAMS: That would be fantastic. COMMISSIONER COLETTA: Okay. Appreciate you being here today and exercising your right of public petition. MR. WILLIAMS: Thank you very much. I appreciate it. CHAIRMAN HENNING: Mr. Ahmad, it seems like to me that some people would look like, that you're enhancing the property. I Page 41 May 27,2008 don't understand why we're acquiring property instead of trying to get an easement, and that way he can enjoy that property and have a maintenance easement across it. My only thought. I would like to see the 60 percent design plans myself. MR. AHMAD: They are due within about a month, sir. CHAIRMAN HENNING: Okay. MR. AHMAD: And I'd be happy to show it to him. CHAIRMAN HENNING: Thank you. Any other questions? Mr. Halas? COMMISSIONER HALAS: Yes. I just want to know if Nick has anything to add to this. I'm trying to sort out some, you know, I -- MR. CASALANGUIDA: No. For the record, Nick Casalanguida. As part of our design, when we looked at relocating the canal, we saved significant dollars by crossing the canal at less of an angle than going off at a real skew. If you can imagine the CON/SPAN Bridge, if we tried to cross that canal at a skew of, say, 20 degrees, the structure would have been, you know, 5, 6, 7 million dollars. The reason we relocated the canal was specifically so our structure would shrink. And so the canal relocation costs versus the cost of putting in a super structure was much less. COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: I had no reason for a driveway to the north. It was just to make our bridge smaller. COMMISSIONER HALAS: I think one of our questions that we're trying to get some clarification on, and that's kind of foggy for me, in regards to the area that we have taken as an easement and then the actual size of the canal along with the service road that's going to be at the canal, it looks to me as though the end result is that it's not going to impact the home as much as Mr. Williams thinks it is; is that correct? MR. CASALANGUIDA: That's exactly correct. I think the Page 42 May 27, 2008 advice Mr. -- Commissioner Coletta pointed out to is to get with transportation and we can refine that review of what the impact that he perceives now to what it's actually going to be is much less. COMMISSIONER HALAS: Okay. And it's my understanding that you may not have to clear all those trees -- MR. CASALANGUIDA: Absolutely. COMMISSIONER HALAS: -- at the canal; is that correct? MR. CASALANGUIDA: That's correct. COMMISSIONER HALAS: So there will be a buffer between his house and the canal; is that correct? MR. CASALANGUIDA: As Mr. Ahmad pointed out, up 80 feet and, if not, more. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN HENNING: Thank you. MR. WILLIAMS: Thank you. CHAIRMAN HENNING: Next petition? Item #6D PUBLIC PETITION REQUEST BY BRIAN LACHANCE TO DISCUSS THE ORDINANCE RELATING TO OCCUPATIONAL LICENSING FEES - MOTION TO BRING ITEM TO THE CLB FOR RECOMMENDATIONS AND TO A FUTURE BCC MEETING - APPROVED; COUNTY MANAGER SUGGESTED MR. LACHANCE PAY THE FEES UNDER PROTEST FOR RECONSIDERATION OF REIMBURSEMENT FEES MR. MUDD: Commissioner, our next public petition is a request by Brian Lachance to discuss ordinance related to the occupational licensing fees. MR. LACHANCE: Good morning. This is in reference to section FF licensing, reinstatement of delinquent licensing, Page 43 May 27,2008 specifically specialty contractor. Members of the Board of Collier County Commissioners, I lived in Collier County for 13 years prior to moving away eight years ago. When I did move away from the county in the year 2000, I had no intention of moving back, as I had suffered a huge loss in my divorce. At the time I held a competency card for cabinet installer license in Collier County and the City of Naples. I let this license expire, as I had no intentions of working here or for myself and be self-employed once agam. I had to seek employment elsewhere. I moved to Lee County. I worked for a company, Contractor's Choice Supply, for four years, and then I was -- when that job ended, I ended back up in -- working in Collier County for Classy Kitchens, but they no longer had work to keep me fully employed and -- which leads me to my experience at getting my cabinet installer's license back so that I can continue to work and live in Collier County. When I contacted Maggie at the community development licensing department, she explained to me that because my license had expired for eight years, that I would have to take the business and law exam once again. I spent the $195 to take the class, purchased the required book and markers for $85, paid the county the $100 sponsor fee, paid the $70 exam fee. After I passed the test, I made the call up to the license office to find out what still had to be done, and it was explained to me that I had to fill out a new application, submit a credit report, et cetera, et cetera, basically requiring me to do all the things for a new license. Then the young lady on the other end of the phone explained to me, along with the application, I had to pay $1,080 for an $85 license for the last eight years that I did not have my license, which brings me here. If I were simply renewing my license, as the young lady explained to me, then why did I have to take the business and law Page 44 May 27,2008 exam and complete all the paperwork a person seeking his or her license for the first time would have to do? It sure seems like a new license to me going through all these steps. I was told by Mr. Zachary, one of the County Attorneys, that I was offered the opportunity to appeal this with the licensing board. I replied when, before or after I spent the money, which was never offered to me? Delinquent is described in American Heritage Dictionary as: Failing to do what law or duty requires. While studying for the business and law exam, to my knowledge, did it ever mention that I would be required to pay for this license for life in order to work in Collier County? Because this is basically what you are asking us to do, requiring that this license be kept inactive with the associated fees, or we are going to penalize you for not keeping it inactive. The only example I can think of is that if I moved back to Massachusetts after 21 years, went to get my driver's license and they said, welcome back, Mr. Lachance. You haven't lived here for 21 years, but you're going to pay for that license anyway, and you're going to take the test over again. Having a competency card is not a privilege, and neither is a driver's license. To renew, American Heritage Dictionary: The act of renewing or the state of having renewed. Had I only had to renew my license, as it had been explained to me, then I should not have been required to follow all the guidelines for a new license. To expire, American Heritage Dictionary: To come to an end, terminate. This is exactly what has happened to my prior license, for the mere fact I have had to complete all the requirement of a new license. Now, I have lived and worked in Collier County or have been trying to work -- and have been trying to work not under the radar, as Page 45 May 27,2008 so many people do for -- and get caught. Then I would expect to get punished, to have to pay the delinquent fees for not doing what I was supposed to do in the beginning. But by telling me that I have to pay the fees for not using a license for eight years because I chose to move somewhere else and then come back and tell me, no, you're going to pay for it anyway because you want to work in Collier County. My gut feeling is that this appears to me as the border tax. Years ago the State of Florida attempted to pass a sales tax on vehicles coming into the state. Same difference. And at this time I'd like to thank you very much for your time. CHAIRMAN HENNING: I have another parable for you. Let's say if you get remarried -- MR. LACHANCE: Yes. CHAIRMAN HENNING: -- and in between the time that you're not married, you're charged a tax for not being married. MR. LACHANCE: I pay that every month. Believe me, every single month I pay that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Have you gone before the Contracting Licensing Board? MR. LACHANCE: Was never offered the opportunity, sir. COMMISSIONER HALAS: I think you'd have the opportunity to do that, and I -- MR. LACHANCE: Was that before or after I paid all the fees and spent my time here away from work? COMMISSIONER HALAS: Well, I think what you need to do is -- that's the direction you need to take this, sir. MR. LACHANCE: I was told by Mr. Zachary, the County Attorney, that I had to come before this board because this is the board that required the fees and set the fees. CHAIRMAN HENNING: Okay. Well, we need an explanation Page 46 May 27,2008 of the ordinance. You know, there's always -- when government makes laws, it usually has some ramifications. And if we're asked to have a delinquency fee for somebody that moved out and then having to redo it again, I think that we need change. Mr. Ossorio? MR. OSSORIO: Good morning, Mr. Chairman. For the record, Mike Ossorio, Collier County Licensing Supervisor. It's a pleasure to be here. One of the things that the licensing board did many, many years ago, and also last year we adopted the new fee schedule, is that we found that a lot of out-of-state contractors -- I'm going to use a paradox or I'm going to use an example -- is that taxpayers, we sign up and take the exam, they take the exam, we spend time reviewing the licensing, and what happens is they do one or two jobs in Collier and then they move to Orlando, Florida, or whatever it might be, and we send them notice to renew their license. They get the notice. They say, well, we're not working in Collier County this year. We'll apply -- we'll pay the fees next year or we'll cancel and then we'll go in front of the board and we'll try and reinstate the license, and that's typically what's been happening through the State of Florida. Unfortunately, I hear what he's saying about the fees, but our fees are in no way above and beyond what most counties would do. If he went to Miami-Dade, his license to get his reinstatement would be at least $3,500. So the licensing board has looked at this and said, well, these are out-of-state contractors -- and I understand this gentleman's not an out-of-state contractor, and that's something that maybe the licensing board can look at and recommend having a finding of fact and bring it back to the board. But typically we try to encourage all contractors to renew their license or put their license on a dormant status so that they can reapply Page 47 May 27, 2008 if need be in a future state. CHAIRMAN HENNING: I have a question. MR. OSSORIO: Yes, sir. CHAIRMAN HENNING: Did you say the licensing board adopted this policy? MR. OSSORIO: The licensing board has reviewed the previous fee schedule and made recommendation through resolution and then the resolution was brought to the Board of County Commissioners for adoption, yes. CHAIRMAN HENNING: So the board did -- the Board of Commissioners adopted it? MR. OSSORIO: Yes. CHAIRMAN HENNING: Okay. MR. OSSORIO: Yes, they have. This year, or end of last year. MR. MUDD: 2007,537, on 12/11/07 is when you adopted it, sir. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: If the gentleman would have kept his license current, what would it have cost him each year? MR. OSSORIO: I think it's $85. COMMISSIONER HALAS: Okay. So really he had the ability to keep this current because you never know where you're -- where you're going to be moving to. And that's just like a license for a CPA or a license for anyone else that's in the public that has a profession; is that correct? MR. OSSORIO: Yes. We have many applicants or many contractors move out of the state, and what they elect to do it put the license on a dormant status in case they do come back. COMMISSIONER HALAS: And what's that cost? MR. OSSORIO: That's 85. It's the same amount. COMMISSIONER HALAS: Dormant, $85 each year? CHAIRMAN HENNING: Well, you can't make laws to cover every case, and clearly this gentleman has stated that he had no Page 48 May 27,2008 intentions to come back, so why would he want to keep his license in suspense, then having to take all those tests over again? I mean, the board has the ability to waive fees, correct? Not the licensing board. We do. So this does not have to go back to the licensing board. It just has to stay here if the board chooses to waive these fees. Commissioner Fiala? COMMISSIONER FIALA: Yeah. You know, I don't know where you're going with this, but the man has already had to do all of the applications and so forth like he's applying for a new license, he's paid all of the monies up front, which is half again of what it is. I don't understand why he has to go through a process when he didn't know he was going to be coming back here in the first place being that he's re -- now he has applied for a new license. I think we ought to just give it to him. CHAIRMAN HENNING: That's the licensing fee -- COMMISSIONER FIALA: Yeah, with the -- CHAIRMAN HENNING: -- whatever that is? COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: The new licensing fee. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I was just going to say, I'd be very interested in bringing this back. I'd be a little leery to make a decision without advertising it first. But I -- right now I can support the position that Commissioner Fiala and Commissioner Henning are taking. . CHAIRMAN HENNING: Okay. Ifwe bring it back, how are we going to -- I mean, this gentleman needs to have some kind of license to work; is that correct? MR. LACHANCE: Correct. CHAIRMAN HENNING: Mr. Ossorio, how do you recommend that -- if we bring this back, how do you recommend resolving this __ Page 49 May 27,2008 so he can pay his monthly dues, I think he said? MR. LACHANCE: I'm willing to pay the fees that are involved. I'm not one that's (sic) wanting to skate through and not do what's not (sic) right, okay? My question to Mr. Halas is this, I pay my $85 a year to keep it inactive, what do I get for my money? Absolutely nothing. COMMISSIONER HALAS: What it does is it keeps you from having to go back through a testing program again. MR. LACHANCE: Already been through it. COMMISSIONER HALAS: Well, I'm saying if you didn't -- if you would have kept it current, then -- and -- MR. LACHANCE: No. COMMISSIONER HALAS: -- the end result is, you wouldn't have to go through a testing -- MR. LACHANCE: That's incorrect, sir. After-- COMMISSIONER HALAS: Am I right or wrong? MR. LACHANCE: After 13 months you have to retake the exam regardless. MR. OSSORIO: No, that's not -- that's not correct. He's close. COMMISSIONER HALAS: I didn't think so. MR. OSSORIO: After three years, if you haven't taken the exam you would have to take it again. But we're not here to talk about the exams. The gentleman's taken the exam. The only thing we can offer is that, you know, this might come up -- unfortunately he might be something new. We can take it to the licensing board the third Wednesday of the month and we can recommend or have a finding of fact to, you know, make a board recommendation to the Board of County Commissioners, so then you can feel comfortable making that decision. I recommend since, you know, the licensing board does have some jurisdiction on adopting of fees or recommending fees, let's find out why they did it and let's find out if this gentleman can get his Page 50 May 27,2008 license without paying those fees. But then again, I can't waive fees today without your ability (sic). So he would be technically, for another couple weeks, he would have to petition the licensing board. We'll get him on the agenda. CHAIRMAN HENNING: Well, the licensing board does not have the legal ability to create fees. MR. OSSORIO: That's correct. CHAIRMAN HENNING: Only the Board of Commissioners can adopt fees. It's within our legal right to waive fees. It even says it on the resolution, at the top of the resolution. But I like your recommendation. So get back to my question. What do we do in the meantime? Can this gentleman operate until we resolve it, or should I ask the County Attorney that? MR. OSSORIO: Well, you can ask Mr. Robert Zachary, but it's my opinion as the licensing supervisor that if he doesn't pay his fees, we cannot issue him a certificate. CHAIRMAN HENNING: Does he pay the fees as he -- not a renewal fee, as new applicant fee or -- MR. OSSORIO: As far as I know, the adoption of what the board has done would be the total amount of fees, unless you waive those fees. COMMISSIONER FIALA: Total amount of what fees? CHAIRMAN HENNING: Okay. Is it -- is it the $85 or is it the $1,000? MR. OSSORIO: It's the -- actually it's a little more than that. I did some of the calculations, and it's a thousand -- CHAIRMAN HENNING: So he has to pay the $1,000 before he can get a license? MR. LACHANCE: I believe it's $1,080. MR. OSSORIO: It's actually 1,170. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, a suggestion. Sir, I think Page 51 May 27,2008 we're going in the right direction for you. My concern is due process. But your concern is you need to go to work tomorrow, and I don't argue with you there. May I make a suggestion? MR. LACHANCE: Sure. COMMISSIONER COLETTA: I think this is an issue that's going to come back before the commission. Pay the fee. We'll recognize the fact you did, we'll bring it back before the commission and get your reimbursement. MR. LACHANCE: I mean, I am still operating under another person's contractor's license. I'm trying to get out from under that. COMMISSIONER COLETTA: I understand that. But what I'm saying is, if you paid the fees, your license would be reinstated. The question is the fairness of the fees. We have to resolve this thing, but it's going to probably come back in about two weeks to be able to resolve it to everybody's satisfaction. Pay the fees, we'll still bring it back, and then we'll get your reimbursement for that part of it that we think would be fair. CHAIRMAN HENNING: Well, I'm going to make a motion that we ask the Contractor Licensing Board to give the Board of Commissioners some recommendations, bring it back at another meeting. If the gentleman wants his license in the meantime, to pay those -- $1,085, or whatever it is, work under somebody else's license. MR. LACHANCE: I thank you very much for your time. COMMISSIONER FIALA: Second the motion, yep. CHAIRMAN HENNING: Second the motion by Commissioner Fiala. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Page 52 May 27,2008 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries. We're going to take a 10-minute break. Do you have any questions? MR. MUDD: No. I was just going to tell Mr. Lachance, ifhe __ when he pays the thousand -- COMMISSIONER HALAS: $1,170. MR. MUDD: -- 170, whatever it is, dollars, that he pays it under protest so that when he gets here and gets heard, that makes that refunded issue legal. COMMISSIONER FIALA: Do we have any kind of a temporary, not a CO, temporary-- MR. MUDD: That's all. CHAIRMAN HENNING: This is a right-to-work state. I don't know how we can pay a -- charge a fee to work. (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. I also remind you that you have a 10:30 time certain item that's 9G. Mr. Chairman, do you want to go to that particular item, sir? CHAIRMAN HENNING: Yes. Item #9G RECOMMENDATION TO ADOPT A RESOLUTION SUPERSEDING COLLIER COUNTY RESOLUTION NO. 07-340 AND AMEND THE PURCHASING POLICY TO INCLUDE A LOCAL PREFERENCE POLICY AND PROCEDURE - TO Page 53 May 27,2008 BRING BACK CLARIFIED RESOLUTION W/STIPULATIONS AT THE NEXT BCC MEETING - APPROVED MR. MUDD: Okay. 9G, this item to be heard at 10:30 a.m. It's a recommendation to adopt a resolution superseding Collier County resolution number 07-340 and amending the purchasing policy to include a local preference policy and procedure. CHAIRMAN HENNING: Thank you, County Manager. Yeah, and I put this on the agenda. It was actually an idea from the community. I guess that's what makes it so special. It is not my idea. But looking at it and, Commissioners, looking, each and every one of the communities abutting to Collier County has a local preference ordinance. And in fact, the City of LaBelle, the City of Fort Myers has a local something preference. What's good about this, it does not raise the cost of doing business. What it actually is, if a -- the example in here. If a low bid is an out-of-town vendor and you have a local vendor that is within 10 percent of that lowest price, the local vendor has an opportunity to say, I'll do it for the price, the lowest price. The other benefit to this is we, the Board of Commissioners, through an interlocal agreement with other communities, get to, if they agree to it, use our local businesses as a local preference also, and vice versa. So that's pretty much how it works. The -- in the packet is the policy, purchasing policy, and the total purchasing policy and -- with the local preference in it. Commissioner Fiala? COMMISSIONER FIALA: I think it's a great idea. I think that it's one way that we, the county commission, can show our support of our business community. I think it's important that they know that, especially in these tough times, we want to choose them before we choose someone else. I have a -- so as you can see, I'm solidly behind it. Page 54 May 27,2008 I do have a question. If we were bidding on something and we were bidding on television sets and some company locally bid one price, could some out-of-town company bid a ridiculously low price that isn't -- you know, purposely trying to eliminate the local company who couldn't compete with that ridiculously low price and then they didn't come through with it anyway because it was too low, so they jacked it up? CHAIRMAN HENNING: Well, I think that our purchasing staff and the selection committee can see through some of that stuff. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Because we have several of them -- I did some research just on last year's bids that came to us -- were disqualified because they were considered nonresponsive. They did have some prices on there or they couldn't provide the service. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Commissioner Henning, I applaud you for bringing this forward. I just want to make sure it's not going to be just a feel-good ordinance but it's going to actually be a benefit. My question is, what constitutes a local vendor? Is it a physical location in the county with employees, or is it a mailing address where the mail might be forwarded? How do we differentiate one from another? CHAIRMAN HENNING: It's a physical location and it's a one-year suggested by the County Attorney that you have an occupation and physical location in Collier County. COMMISSIONER COLETTA: Okay. COMMISSIONER FIALA: That they had to be here a year -- CHAIRMAN HENNING: A year. COMMISSIONER FIALA: -- before? CHAIRMAN HENNING: A year. COMMISSIONER COLETTA: And if! may pick up on that. Page 55 May 27,2008 May I address the County Attorney? CHAIRMAN HENNING: Yeah, please. COMMISSIONER COLETTA: Yeah. When it comes to this as far as what they have to do, in other words, I'm a company outside of Fort Myers and I'd love to be able to get into the bidding process of Collier County. I want to make sure that I'm going to be vested for the same considerations as a local company. So if I took out a -- one of these small offices where I might be there part of the week or I might not be there, I could have the phone forwarded, the mail forwarded, and I took out an occupational license, would that constitute as a local vendor? MR. KLATZKOW: It might not. The board might find that that was a circumvention of the policy and deny that. COMMISSIONER COLETTA: Can we write this into it so -- in such a way that we can prevent this from happening? I'm just looking at, in this tough times, as we have mentioned several times today, you have businesses out there that are going to seize on any opportunity they can to be able to move anything forward. Now, the objective of this is to be able to help the local businesses. And I want to make sure that when we put this thing together, it has enough teeth in it that the local businesses are going to benefit and it's not going to be some Johnny come lately from the outside that takes an office into one of these small buildings out there, spends a hundred -- couple hundred dollars for a small office space, and then they might be in that office once a month. MR. KLATZKOW: I think this policy addresses that. COMMISSIONER COLETTA: And how does it do that, sir? MR. KLATZKOW: It says that the vendor shall not be considered a local business unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include the retention, expansion of employment Page 56 May 27,2008 opportunities to support increase in the compliant tax base and residency of employees and principals of the business within Collier County. So I think that the resolution does, or the policy does take that into consideration. COMMISSIONER COLETTA: So in understand you correctly, if somebody was just to open an office here and do nothing but maybe have one person in that office, pay an occupational tax and didn't have one employee other than themselves, they wouldn't constitute as being a local business? MR. KLATZKOW: No. We used to call that a mail drop back in New York, and I don't think -- I think if the board wanted to, they could say, no, that's not good enough. COMMISSIONER COLETTA: And you're absolutely sure that what you've got in there will prevent this so that we can offer a benefit to the local businesses? MR. KLATZKOW: Yeah. This policy was taken directly from Broward County and Miami-Dade County. They've been using it for many years. And, yes, I think you can do that. COMMISSIONER COLETTA: Now, how about a business that may be -- and forgive me for all the questions, but I just want to be able to get my comfort level totally where it needs to be -- where a business, a large business that might be known in this area for a long time, and that particular business has a particular direction they go. They might be into concrete work, and they have a surveyor come in from out of town, who want to be within that company to be able to get the bids out. Would they be -- is there a way to prevent that, like an outside company running their company through an established company? MR. KLATZKOW: I don't think this policy takes into account subcontractors, if that's what you're getting at. COMMISSIONER COLETTA: Okay. And it would explain how subcontractors would be something we can avoid? In other Page 57 May 27,2008 words, if we do hire someone to do some work here, what's to prevent them from subcontracting it outside the area? MR. KLATZKOW: I don't think there is anything. I don't know that we even keep track that. COMMISSIONER COLETTA: Is there some way that we could, maybe a performance that would have to be proven at some point in time in the job? MR. KLATZKOW: You'd have to -- we'd have to look into that, Commissioner. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN HENNING: Commissioner, there are going to be some cases where a local company is going to want to hire outside subcontractors to perform that particular duty because they don't have the expertise. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: You know, give you an example, is a planning company that does not have expertise -- they don't have a transportation planner so they can't do the modeling for transportation. They're going to have to sub that out. Whether they do it through a local business or an out-of-town business is -- you know, is another thing. But the bottom line is, is the local business being the bidder, would be established in the community, and they might have to get outside expertise. COMMISSIONER COLETTA: And I'm not trying to throw water on your fire. I just -- my concern is, is there -- if there's some way to be able to keep the business all locally rather than a contractor picking it up and then subbing it out to other areas of the state when we have local contractors that can do it, maybe some sort of preference thing in there that the contractor tries to comply with or agrees to try to comply with. I'm not too sure how to be able to word it. But I'm just trying to see how we can get the maximum amount of bang out of this particular ordinance that we're putting together. Page 58 May 27,2008 CHAIRMAN HENNING: I understand. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I understand where we're trying to go here, but I have some real concerns here. I don't know if staffs had a chance to really review what we're trying to bring forward here. I'm concerned in the sense that -- I understand where you're coming from, Commissioner Henning, but I don't think we really gave you direction from board in regards to addressing this ordinance. I think that we need to have staffs input in regards to what the impacts would be with such an ordinance. In the past, when times were good here, we had two road building companies. And if my memory serves me correctly, we couldn't get anyone else to bid on contracts even from outside the area until at such time as things started to get a little bit -- it went to a little bit of a slow-down, and then we had a major contractor come in here and -- such as Astaldi, and really did a bang-up job. We've had people here that were here for road building that were here locally, and they had exorbitant bids to the point where a couple times we threw them out because we said, this is way too much. My concern is, I think maybe what we ought to have is staff come back at another meeting and give us their take on what we're trying to accomplish here. And I think the County Attorney said that this ordinance came out of Broward County. Did you write it or did the chair write this ordinance? MR. KLATZKOW: No. This ordinance is Broward County's ordinance. COMMISSIONER HALAS: And where -- MR. KLATZKOW: They're the ones who wrote it a couple years ago. COMMISSIONER HALAS: And you just put it on the -- in Page 59 May 27,2008 regards -- is this the final ordinance or is there changes over the weekend on this? MR. KLATZKOW: No, this is it. COMMISSIONER HALAS: Okay. There's no changes at all, just what's in our packet is up to date; is that correct? MR. KLATZKOW: There are minor typographical errors I'm going to have to correct, because when we put in the number 11, there were references throughout it to the other numbers, but it's inconsequential. COMMISSIONER HALAS: I wonder if we should bring this back to the next meeting so that staff has time to review this to tell us what the impacts are, because I think it's something that's needed, but I think we also need to know both sides of the story here. That's my feeling. CHAIRMAN HENNING: Commissioner, this is not an ordinance. This is a resolution. COMMISSIONER HALAS: I took it, it was an ordinance. MR. KLATZKOW: Your purchasing policy is by resolution. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay? COMMISSIONER HALAS: So what does staff have to say about this? County Manager, where do we stand on this? CHAIRMAN HENNING: Is that your question? COMMISSIONER HALAS: Yeah. Should we bring this back so that staff has a chance to look at this resolution to see what the impacts are? . MR. MUDD: Well, I'm -- Commissioner, I will tell you you've got some issues in your purchasing policy. When you included section X one or 11 into the particular contract, it basically pushed out all the references to that -- to the sections thereafter, and so there needs to be a lot of cross-reference changes in the particular policy. And it was brought to my attention by your purchasing director May 27,2008 that a perfect example would be on page 7 of the purchasing policy, and that would be -- and this is just an example. Page 12 of 32, if you look at the second to the last paragraph at the bottom, and you go down one, two, three, four, under the 750,000 down to any work and/or contract that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of section XIV.C of this resolution, okay. Now, if you go to XIV.C on page 14, there is no XIV paragraph C. It's now XVC, okay. So it's shifted everything off of that, and there's a lot of cross-referencing in the policy that needs to be changed in order to account for the inclusion of a new paragraph in the middle of it. And so we want to make sure that it doesn't cause any confusion in the particular issue. And I'd also want to make sure that we have the intent of the board or the intent of Commissioner Henning in this particular issue. I want to refer you to page 11 quickly, if you would. Where it says competitive bid. It's a paragraph -- COMMISSIONER FIALA: Page 11 on the top or bottom? MR. MUDD: Page 16 of 32, page 11 at the bottom, ma'am, where it says, competitive bid. It says, what was just described by the chairman was if -- if a local vendor would have the chance to bid and ifhe could match the low bid by a nonlocal vendor, then the local vendor would get it. That's not what competitive bid paragraph 2A says. It says, when a responsive responsible nonlocal business submits the lowest price bid and the bid submitted by one or more responsive responsible local businesses is within 10 percent of the price submitted by the nonlocal business, then that nonlocal business and each of the aforementioned local businesses shall have the opportunity to submit a best and final bid equal or lower than the amount of the low bid previously submitted. So it isn't a foregone conclusion that if a local bidder can get to Page 61 May 27, 2008 the lowest bid, that he would get it. Everybody gets an opportunity within that 10 percent, the lowest nonlocal bidder and the local bidders get to do a best and final based on what I read in that particular paragraph. Is that -- did I -- COMMISSIONER HALAS: I think you got it. I'd like to ask Steve a question in regards to this. Steve, how does this -- have you had time to look at this to figure out how that affects the county in regards to contracts? MR. CARNELL: Yes, I have. For the record, Steve Carnell, purchasing general services director. I have seen three different drafts of this resolution, and there are differences between the three, and I'm not entirely sure that I fully understand the current document. I'm looking at the document that's in the electronic agenda, so I'm assuming that's the one that's being recommended for discussion. The -- Mr. Mudd pointed out an important point that preference comes, that I know of, at least in three flavors. You can have a fixed range where if a local bidder is within that range and the apparent low bidder is nonlocal, then you just simply award it to the local and you pay more. And Lee County has that, 3 percent preference. If you're within 3 percent, you're local, low bidder's not, you win. Lee County pays more for goods and services. That's not being recommended here. As Commissioner Henning pointed out, this process is intended to not increase the costs of goods and services directly in the bidding process, so that's something that's commendable about it. But as Mr. Mudd just pointed out, there is a difference. The executive summary doesn't match the resolution. The executive summary says that if you're within 10 percent and you're local, you get it. The resolution says what Mr. Mudd just said, that it calls for a best and final process, a second process. That's what Broward County does. Page 62 May 27, 2008 Those are two different processes. One would become the right of match process, the other is best and final process. Now, let me -- if I could, just for -- to try to further answer your question, Commissioner Halas, let me give you a little bit of my take on this professionally and then -- in terms of some of what my concerns are, and then let me tell you, if the board wants to go forward with this, we'll implement it with full enthusiasm, but there are some mechanical things that have to be clarified. We've touched on one or two of them, but there's some others as well. First off, philosophically, the goal of public competition is to have it be open and fair and to maximize it. You want as many people who are capable of delivering the goods or the services on the terms that you want and need them to participate as possible. In a local preference ordinance or resolution, you are essentially targeting a group and saying you're going to give them preference and you're going to treat locals versus non-locals differently. That runs a little bit against the philosophy of trying to maximize open competition. The other thing, too, is that if we're -- if we're talking about a best and final process -- which, by the way, I prefer over an automatic award because at least you're leaving the nonlocal guy in the process in the second round. You're not just holding him down and taking it away from him because some local bidder happens to be within 8 percent of him. He just loses. At least in the best and final he gets to compete in the second round, so that's good, that part of it, but what you're facing is, the message that we want to send with bidding is give us your best price and sharpen your pencil the first time, and when you create a process that has a potential second step to it, it potentially disenchants particularly local vendors from doing that. So those are things you've got to be aware of. A few other things to think about. The reference -- the resolution Page 63 May 27, 2008 makes reference to the fact that local businesses pay taxes, and they certainly do, but they're -- we need to understand, local businesses, just like residents who pay taxes, are benefiting from those taxes. They get something in return for those taxes. They get roadways, they get drinkable water, they get parks, they get libraries. They get all kinds of services and infrastructure that we provide to make this community livable, and they're getting that with or without a local preference. And I think we just need to remember and understand that taxes are not necessarily tied to giving local businesses work. Their primary focus of taxes is to deliver services. You five, absent Commissioner Coyle today, every single meeting, you struggle with trying to keep taxes down and maximize services. You would ideally like to deliver the most service you can for the least amount of money. And that's really the focus of management of taxes and the primary thrust of applying taxes. Now, that said, a couple other things. Local businesses have inherent advantages often in the bidding process because of their proximity because they have labor and resources available. Arguably they have some built-in pricing advantages going into the bidding process. So the idea that out-of-town folks have an advantage and we need to somehow level the playing field doesn't take into account that fact that, in reality, a lot of times the local vendors have, again, labor and resources proximate to them. And really, it's a lower cost for them to deliver the services in many instances. Something else, too, from reading the resolution. Part of the justification I see in the executive summary what we were talking about and you all had verbally mentioned it, that you want to help the local economy, particularly in the times we're in now, and that's certainly understandable. But as was alluded to earlier, the times we're in now are not necessarily permanent, and you may want to consider a sunset Page 64 May 27,2008 provision or something that would cause us to revisit this in a couple years when times are different, because if you stay in this setting, I think there's a potential you're going to dampen competition eventually. You're going to discourage nonlocal bidders from bidding. The -- let me give you an example, just one example. I'm almost done here. This is a -- Mr. Mudd, if you could put that on there for me. Thank you. I don't know how closely you can read this, but this is a project we had a couple years ago, two years ago, Mr. DeLony had, and they were both underground water main projects. One was for the East Trail and one was for Collier Boulevard, and they were six months apart in the bidding process. The first project was smaller in dollars and cents, and we had two bids received. And remember, this is February, 2006, when the times are better than they are now. And we had one local bidder and we had one from Oklahoma, a company named Ackerman Construction. Ackerman bid, in round numbers, just under $3.5 million. The local bidder bid over $3.6 million. The price difference was 4.1 percent, or dollars and cents, $146,000. Ackerman wins. They come in and perform the work, deliver the project on time within the budget. And while they're here doing that first project, they make a commitment to Collier County. They open an office here. And as the -- they're working on the work, the bidding window opens for the second bid, which was for Collier Boulevard. Now, this one was much more competitive. We had seven bids in this case. Again, Ackerman was the low bidder who performed well -- at this point they're performing well on the first job and they've long since completed that first job. Well, they came in low among seven bidders the second time, and they told us that the reason they bid the second job was because they won the first job, and they told us they moved to Collier County Page 65 May 27,2008 and got a beachhead here, if you will, because they bid the first job and got that first contract and got that opportunity. If we had had this resolution in place -- and I'll make two distinctions here. If we'd had what I call the right to match process where, if you're within 10 percent, Mr. Local Bidder, you get it as long as you're willing to lower your price and match the apparent -- the nonlocallow bidder. Ifwe'd had that process, someone else wins that first contract at the top of the page. If someone else wins that first contract, Ackerman Construction doesn't come to Collier County. So that's -- that's a negative in terms of economic development. Now, if you'd had the best-and-final approach, it's a little more unclear what might have happened because we would have had a second process. Maybe Ackerman wins the second process and so forth. But maybe they still come and -- but my point is, this is an unintended consequence potentially of a local preference, particularly if you do a right-to-match approach where the nonlocal bidder who's low is excluded from that second round or that second opportunity for competition, then he's out. In this case, this contractor would not have come to Collier County and we would have lost the fruit and benefit of having another good construction contractor in our pool. Couple other things briefly. The resolution makes reference to signing interlocal agreements with other counties, and that may be a very good idea. And as the chairman said, Broward County, I believe, does have that as part of their resolution. But the thing you've got to remember is, I'm not clear when this takes effect. If you all vote to put this in place today, how does it affect my bids that open tomorrow or next week? I'm not clear when we're putting this in place. And I know at this point in time, to my knowledge, we don't have any interlocal agreements in place, Lee County or anybody else. So if we're going to do this and we're going to put this in place without those interlocal agreements, then we need to understand Lee Page 66 May 27,2008 County folks are foreign until such time as we have interlocal agreements in place. So you may want to think about that in terms of how you implement this. And that gets me into one other little adjunct. We have a decent number of folks with Lee County addresses who are quite -- very much borderline. Their offices are Bonita, Estero, and they are consistently bidding our projects down here. And I'm -- I don't know for a fact that they don't hire Collier County people or, for that matter, may hire more Collier County people than a Collier County vendor does. I don't know that standing here now. Now, you don't necessarily -- in the front end of this resolution, as I read it, you don't necessarily get into a comparison of who hires more. The assumption is, if you've got a Collier County address and you're making some kind of economic impact on the community, then you're considered local, and you're not taking into account necessarily who is more local, if you will, who has more of an impact. But I'm telling you, you're going to run into circumstances where somebody with a Lee County address is going to, in reality, be hiring and employing more Collier County people than a Collier County address. Kind of a little offshoot of what you said, Commissioner Coletta, not necessarily as corrupt or with bad intentions. It could be a viable Collier County business but -- competing against a Lee County business, but the Lee County person's actually impacting the economy of Collier County more. That is entirely possible within this kind of scenano. Now, I recognize signing the interlocal agreements to where we would include Lee County in the coverage area would mitigate some of that, but you still -- you still push the line out. And this is kind of the bottom line with local preference. Somebody has to be disadvantaged for it to work. And if you're going to make Lee County part of the coverage area, so to speak, say the Lee County area, the Lee County vendors who fill out the proper Page 67 May 27,2008 paperwork are going to be considered eligible, well, then there's going to be somebody who lives on the Lee County/Charlotte County line who resides in Lee County but office is in Charlotte who's going to be excluded. But technically it's the same thing. They're now in the coverage area but we're excluding them, so to speak. So those are things to think about. Then the last thing I want to focus on is that -- we've talked about, there's some mechanical issues with this thing. As we said, the resolution, the executive summaries don't appear to match when it comes to whether you want to do a right to match or a BAFO process. And again, I think BAFO's more preferable, and that is what Broward does, and that's what the resolution says. MR. MUDD: BAFO, one more time? MR. CARNELL: BAFO's best and final offer. Again, just for everybody's clarification. In a BAFO process, everybody who falls within 10 percent, including the -- it could be the nonlocallow bidder and all the locals who are within 10, then go to second round of competition. Well, that's good in the sense that we're competing. That warms the cockles of my heart. We're having competition. That's good. That part of it's good. But you could end up in situations where there's one local and one nonlocal. And the opportunities for collusion, because everybody now knows who exactly is competing, you know what the price is that you're trying to beat, there's a potential for some of that. Now -- so you need to keep that in mind as well. A couple last things I've got -- and I'll finish up here. The term professional services is very broadly written in the resolution, and perhaps it's the way Broward defines it. I don't know. But it basically -- I think almost anybody who provides a service could argue they're a professional service the way it's written. And it's not -- it is in contradiction to how our ordinance -- we do have an ordinance for procurement, and the ordinance -- one of the things in the ordinance is Page 68 May 27, 2008 its definition of professional service. Our purchasing policy elsewhere defines a professional service, and it defines it more precisely than this, and those definitions match each other. You have a contradiction here. And there's a few other things like that that I think need to be cleaned up. Now, I'm going at a part now where I -- these are not deal killers, anything I'm telling you. If you all want to do this, I can -- we can clean these things up and do it. It's not the end of the world and nothing we can't overcome. But I do -- if you adopt it the way it's written, you're going to have some contradictions, and yours truly is probably going to be entertaining some protests and potentially people raising some issues about, well, this doesn't match that kind of thing that we still need to clean up. So that's where I am with it, in response to your question. Thank you, Mr. Chairman. COMMISSIONER HALAS: I think what we need to do is have staff, both you and all the other departments, sit down and look at this ordinance and bring it back to us to where it's cleaned up to where everybody feels comfortable with this. I believe that best and final would be good because some of these companies, when you've got big engineering projects, they're going to sit down and they're we're going to figure out exactly what it's going to take to build a project here, and they're putting a lot of money on the line right off the bat out of their pockets. And if we don't have something like best and final, I think that it could entertain lawsuits here in the county. So I think this is a great way to go, but I think we just need to address this and bring it back maybe to the next meeting. That's my -- that's my take on this. And I'll make a motion to that effect, to continue this to next meeting. CHAIRMAN HENNING: A motion on the floor by Commissioner Halas. Is there a second to the motion? Page 69 May 27, 2008 COMMISSIONER COLETTA: I'll second the motion. CHAIRMAN HENNING: Second to the motion by Commissioner Coletta for discussion. And just so that we have some clarification, it's to bring it back, a local preference ordinance -- Mr. Carnell? Let's make sure that we have a complete understanding. MR. CARNELL: What I'd like to do is clar -- just take your resolution and clarify it in a few places. CHAIRMAN HENNING: Well-- MR. CARNELL: And I think -- CHAIRMAN HENNING: -- why can't it be done now? MR. CARNELL: Well, if you want to -- CHAIRMAN HENNING: The things that the County Manager said is news to me, even though everybody had it in way early before it hit the agenda. It's quite a surprise that I wasn't aware of this prior to it. Yeah, there's a motion to continue it, so let's just make sure that we have it right. It's going to be back on the next agenda as a resolution, and we're going to have sunset provisions in it of two years, one-year review, report back to the board? Is that what we're going to have? I think we should have some kind of reports on the effects on it since there's so many concerns about -- is that correct? That's what I would like to have. COMMISSIONER COLETTA: I don't have a problem with that, but I do have other things I want to mention. CHAIRMAN HENNING: Well, let's just make sure that the direction is clear. And is it going to be a preference of 10 percent? COMMISSIONER HALAS: I think it should be a preference of 3 percent, and I think -- CHAIRMAN HENNING: I'm not going to support that. COMMISSIONER HALAS: Well, I'm just telling you that I think we also need to have transportation and also utilities department Page 70 May 27,2008 . in on this and parks and rec. Anybody that deals with outside need to sit down with Steve there and make sure that everybody has an understanding of what this resolution is, and I think they can get done within the -- before the next board meeting. CHAIRMAN HENNING: I don't -- that's not clear direction. Commissioner Fiala? COMMISSIONER FIALA: Yes. One of the clear directions I would like to -- well, first let me comment. I have so many comments, and I've been very quiet and behaving myself. But, you know, Steve Carnell said taxes -- taxes -- you know, people who come in will pay taxes, also businesses that could close and not pay any taxes because they don't get the business and we give them to outside companies who then bring their people in here. Second of all, yes, our people enjoy some of the -- well, even though taxes are coming in a lot lower now, but they still enjoy some of the things that the taxes pay for, and if we're sending these -- this business out -- out of the county, then those tax monies don't come in here. Steve said something about targeting and giving preference to certain businesses. Well, I think we should be targeting our own businesses and giving them preference. I think that that's part of our -- our goal. I think that the bid process at times has been structured to eliminate local business. And I give you the fair example, the example of Marco Office Supply versus Corporate Express. The way the bid process was, no matter how you wanted to define it, it was structured so that nobody could win it but Corporate Express, and yet their prices are higher, we're paying a lot more money, our taxpayers are paying a lot more money, but we've got them now. And they even opened a little office here. They're probably keeping somebody in there once a month or something, and that's great. That still bothers me. I identified that first off when that firstH Page 71 May 27, 2008 came before us, and we've continued that, and that bothers me an awful lot. So Steve says fair and maximize our opportunities, but sometimes we're not fair, and I think there should be something in this ordinance or -- CHAIRMAN HENNING: Resolution. COMMISSIONER FIALA: -- resolution that says that we should have a fair bidding process, not one who slants it to a certain company. CHAIRMAN HENNING: You need the -- yeah, I know what you mean, and I agree with that. Commissioner Coletta, I'm sorry. COMMISSIONER COLETTA: Yeah. My second wasn't going to require a 3 percent. I hope that doesn't change the direction of the motion. I'd like to keep that open for discussion when it comes back. I think 3 percent's way too low, but I'd like to be able to hear what the options are on it. I understand, Commissioner Halas is concerned about protecting the welfare of the taxpayers out there with some sort of mechanism that assures us that we're going to have the lowest possible bid. Open to discussion on that, but I'm not going to support a motion that just limits it to that 3 percent. COMMISSIONER HALAS: I'll leave that out of the motion, the 3 percent, and that's up for discussion. I think the five of us, when Commissioner Coyle shows up at the next meeting, that we can come to an agreement where we should be on that, okay? COMMISSIONER COLETTA: The other thing that we haven't included but I brought up in discussion, is my concern is the fact that we bid it to a local company, and the next thing you know, somebody from upstate comes in as the subcontractor. I don't know if we ever could address it, but I'd sure like to be able to hear the options when it comes back. CHAIRMAN HENNING: Okay. Page 72 May 27, 2008 COMMISSIONER COLETT A: You still have speakers, Commissioner Henning. CHAIRMAN HENNING: Yeah, we have four speakers? MS. FILSON: Yes, sir. CHAIRMAN HENNING: The one thing, the idea about the reciprocity or the interlocal agreements, Mr. Carnell suggested that we do that first, doesn't give us any leverage at all. The -- we need to create the policy and then go out to these other communities and have -- try to form that interlocal agreement where we recognize their locals and they recognize our locals. Commissioner Coletta? COMMISSIONER COLETTA: I was going to say, I think you're right, but you know what I would suggest? Put together the resolution so that we can deal with the problems at hand, then task the Chamber of Commerce to be able to do that. That would be my way of being able to reach out and make the two work it out so that we have the same ability to be able to reach into Lee County to be able to service their clients, our businesses do. CHAIRMAN HENNING: Right. Hopefully Mr. Hart is a speaker. Would you call up the speakers, please? MS. FILSON: Yes. Philip Penzo. He'll be followed by Steve Hart. MR. PENZO: Thank you for your time. I'm Philip Penzo, president of Marco Office Supply Furniture and Printing. We're a Collier County corporation formed in 1981. Collier County, through partnerships with the EDC, has incentives to encourage businesses outside the location to come to Collier County. This resolution gives the business community that are already invested in Collier County and as part of our community a benefit from the local government that's there to support us, and it also sends a message to staff that local -- the board would like to see the local businesses get a shot at the bidding process. Page 73 May 27, 2008 This would also encourage, I think, nonlocal businesses to maybe invest their profits if they're doing business now back into our county. I mean, bottom line is, as a business owner, you know, he's looking at how many people in Fort Myers maybe are Collier employees. When I hire people, I hire people that are local to my business because I've learned over the years, if somebody has to drive an hour to get to work, as soon as they find a job local to -- you know, closer to where they're living, you lose them. So I'm sure it works both ways. Lee County, you know, employers are hiring people local to their business because they realize if they're drive -- commuting an hour to get to work, they're not going to last with them too long. I think the bottom line, I think this keeps the money in our county, it keeps our economy going, and it keeps our county residents employed. Thank you. MS. FILSON: The next speaker is Steve Hart. He'll be followed by Bart Zino. MR. HART: Thank you, Mr. Chairman, Commissioners. My name is Steve Hart, senior vice-president for public policy at Greater Naples Chamber of Commerce. And let me just commend you all, the four of you, and I know the five of you, if Commissioner Coyle was here, for doing anything you can to encourage local business, to support local business, to encourage more commerce in this particular down economic time, and you ought to be commended for that, and we appreciate the effort. We stand ready to help you in any way we can do that, and we'd be happy to do so, and I'll leave it at that. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Bart Zino. He'll be followed by Marcia Cravens. MR. ZINO: Good morning. Bart Zino. As a local contractor here in Collier County -- I've been here 10 years now. The firm I work for has been in Collier County for 20 years. I've seen the competitive nature of business in Collier County Page 74 May 27, 2008 go up and go down. I've been excluded from bids for not being a local vendor in other areas. I do get over it. You do deal with it. It would be nice to be someone on the positive side of some preference as well. And I recognize that even if -- even if a local vendor may cost a little bit more occasionally and under some circumstances in Collier County, let me be the first one to stand up at the podium and say, not only am I a vendor in Collier County, but I'm a taxpayer in Collier County. And I'll spend a little bit more of my money to ensure that the guy who lives next door to me on the left and the guy who lives next door to me on the right is still doing business in Collier County and is still living in Collier County. So I'll put my money where my mouth is and I'll get behind this. Thank you. MS. FILSON: Marcia Cravens? MS. CRAVENS: Good morning. I would like to commend Commissioner Henning and the rest of you who may be in support of this resolution. I believe that this is something that has already been addressed by the commissioners. There was a lO-year growth management -- it was Vision Plan and Growth Management Plan for fiscal year 2007. It should still be in effect. I hope these were not just words on a page. There were six goals and objectives that were within that Growth Management Plan that was adopted in 2007, and it has not run out yet. Additionally, there is a 2008 fiscal year action plan by County Manager, Jim Mudd, still addressing trying to favor local businesses whenever possible. I don't have that particular document in front of me right now, but I'm sure that it would be a good document to be reviewed. So I'm a little puzzled that there might be some opposition by any of the commissioners or county staff in opposing giving preference to local businesses. You've already considered the situation and already adopted a plan that does favor local businesses. Page 75 May 27,2008 The other thing that I would like to comment on is that as an environmental advocate, I also applaud this resolution. I believe that the local firms should be given -- they should be given preference for several reasons. One is they have local knowledge of the projects that they're doing. They can build upon work that was previously done. They have personal interest and investment in this community. And lastly, what most concerns me, is that they have a tendency to include environmental impact analysis when they are making decisions about their design plans for upcoming projects. And so I would ask the commissioners to consider these statements that I've made and please vote yes for this resolution. I believe that you can work out the kinks, and I think that's all I have to say. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HENNING: So we have a motion and a second to bring it back at the next meeting, the preference resolution and policies. 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. We're late for 11 o'clock. Yes, sir? MR. MUDD: Just one question, Commissioner. Just -- the kinks I can -- we can work out in the particular issue. And basically the Page 76 May 27,2008 policy as written is pretty much unchanged. I just want to make sure in that section on page 11 where you've got competitive -- the low bid issue, are we doing best-and-final offer or if the local bidder is within 10 percent of the low bid, you'll award -- if the local firm can give you the low bid, do we award it? I believe that's the difference between the executive summary and what's written on the policy, and I just want to get that clarification because it's a big thing. CHAIRMAN HENNING: Well, the local-- I prefer the local match -- have the opportunity to match it if they're within 10 percent. COMMISSIONER FIALA: I agree. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'd have to go back to the motion maker. I have no problem with bringing both of them back for consideration, but I don't know if that was the intent of the motion. COMMISSIONER HALAS: I think what we need to do is look at all options, and I think that we also should include best and final and see what the differences are, because -- CHAIRMAN HENNING: What are you going to get -- COMMISSIONER HALAS: -- I think it would be good for the taxpayer. CHAIRMAN HENNING: What are you going to get with best and final? You're not going to get anything. COMMISSIONER HALAS: Yes, you will. CHAIRMAN HENNING: All you're going to get is what we -- the policy that we have now if you have best and final, correct? MR. MUDD: Commissioner, depends -- depends on what the bids come in at. They could be lower than what the first low bid was in that particular juncture. CHAIRMAN HENNING: Say that again. MR. MUDD: It could be less. CHAIRMAN HENNING: It could be. What could be? MR. MUDD: The bid. Page 77 May 27, 2008 CHAIRMAN HENNING: The bid, of the local? MR. MUDD: The final bid from everybody could be lower than the low bid was the first time around. COMMISSIONER HALAS: And you have best and final. CHAIRMAN HENNING: So there's -- is that a rebid? If you have a -- an outside vendor that is the lowest, you're saying lowest -- the local -- or the outside would get the bid, correct? MR. MUDD: No, sir. You're basically saying that -- what's written on that page, the rewrite or this new section that's put on there basically says -- COMMISSIONER HALAS: Best and final. MR. MUDD: -- that once -- CHAIRMAN HENNING: Hang on. MR. MUDD: -- it's determined who the low bid is, and let's say in this particular example it's a non-county firm, and it's on page -- CHAIRMAN HENNING: Page 13. MR. MUDD: It's page 11, page 16 of32 at the bottom where it says comparative bid. I didn't write this section. This section is in here. So I just want to make sure -- because I believe, Mr. Chairman, what you stated, it isn't written that way in this particular paragraph. And I just want to make sure that we have it right so when we come back to you next time, this isn't a big discussion topic, that we get it done. This says, best and final. So what happens is, the firms go out, they bid the project. It's a low-bid project. It comes in, the scorecard's there. If it's a local bidder that is -- that's low bid, then it's awarded to the local firm. If it is a nonlocal bidder that is the low price and we have local bidders that are within 10 percent of that low price, what this states right here is that the nonlocal bidder and the local bidders that are within the 10 price (sic) will give a best-and-final bid, okay? That best-and-final bid is assumed that it will be at least the low bid and maybe lower. Page 78 May 27,2008 COMMISSIONER FIALA: Commissioner, aren't we trying to make sure that this process favors our local businesses? It should be written accordingly. And ifbest offer doesn't -- or best-and-local (sic) offer doesn't meet that bill, then write it so that it does. MR. MUDD: I didn't write this section. I'm trying to fix it. COMMISSIONER FIALA: Well, I'm just saying -- but you're going to rewrite, and so, you know -- MR. MUDD: Yes, ma'am. I want to know if -- COMMISSIONER FIALA: -- let's make sure it favors our local businesses. MR. MUDD: I want to know what the board wants to do with the particular issue -- COMMISSIONER FIALA: That's what I want to do. MR. MUDD: -- because I believe this is the biggest issue in this rewrite, and we've got to get that resolved. I don't want to come back in two weeks and have something you don't want. We'd be doing this discussion all over again. THE COURT: Commissioner Coletta? COMMISSIONER COLETT A: Yes. I -- and for that reason, I'd like to hear both options again. I'll be honest with you, I agree with Commissioner Fiala, but I don't want to limit us at this point in time. I'd like to be able to consider everything in due process. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. That's where I'm going to lean on the County Attorney to make sure that we're not getting ourselves in a pitfall. So I think when they go through this process, whether it's -- we come up with best-and-final bid, obviously that's to protect us in the county here against any lawsuits, right? MR. KLATZKOW: It's not really to protect you against lawsuits. It's just -- it's a policy decision how you want to do it. COMMISSIONER HALAS: Okay. But I think what we're also looking at is making sure there is an option that the local firms -- if Page 79 May 27, 2008 there's an outside firm that has a low bid, that the local firms can look at what they have available because they're all going to look at their engineering or whatever else, and maybe the local firm will come back and say, hey, I can meet that. In fact, I can go lower than that, and they've got the bid. So I think the best and final is an incentive for the local companies to sharpen their pencil when they come around the second time around. MR. KLATZKOW: Well, I guess the question is, do you want simply the local company to match and then get the bid or do you want -- COMMISSIONER HALAS: Well, it's open competition for everybody. MR. KLATZKOW: Or do you want a second rebid? CHAIRMAN HENNING: I think to hit what Commissioner Fiala is saying, bring them both back. MR. MUDD: Okay. And in this -- the policy we'll have two sections A. We'll have one where it's a match and we'll have one that's best and final, and then the board can determine what they want to do on that particular issue. That meet the board's desire? CHAIRMAN HENNING: Correct. COMMISSIONER HALAS: Yep. MR. MUDD: Thank you, sir. CHAIRMAN HENNING: We have an 11 o'clock time concern. Item #lOA RECOMMENDATION TO REVIEW AND APPROVE THE FEBRUARY 2008 REPORT OF THE RURAL LANDS STEWARDSHIP AREA COMMITTEE ENTITLED, RURAL LAND STEWARDSHIP AREA FIVE-YEAR REVIEW, PHASE 1- TECHNICAL REPORT FOR USE IN THE RURAL LANDS STEWARDSHIP OVERLAY DISTRICT PHASE 2 REPORT AND Page 80 May 27,2008 AUTHORIZE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS - APPROVED MR. MUDD: Yes, sir. We have an 11 o'clock time certain. This is 10A. This item to be heard, again, at 11 a.m. It's a recommendation to review and approve the February, 2008, report of the Rural Land Stewardship Area Committee entitled Rural Land Stewardship Area Five- Year Review Phase I Technical Report for use in the Rural Land Stewardship Overlay District Phase II Report and authorize transmittal to the Florida Department of Community Affairs. And Mr. Thomas Greenwood, your principal planner, comprehensive planning, will present. MR. GREENWOOD: Good morning, Commissioners, ladies and gentlemen. Tom Greenwood, for the record, Comprehensive Planning. The report you have -- and it's a three-ring notebook, and it includes other documents as well that are supportive of it, is the Phase I report of the five-year review committee, which was appointed by this body to -- and it's in accordance with policy 1.22 of the Rural Land Stewardship Area Overlay. Phase I is simply a documentation of actual activities that occurred within the Rural Land Stewardship area. Nothing more, nothing less. Phase I has been reviewed by the Rural Land Stewardship Review Committee. They approved the report on February 5th. The Environmental Advisory Council vetted the report in its entirety on March 6th. Planning Commission vetted also in its entirety on May 1st. The commission's recommendation included -- and that is the Planning Commission's recommendation -- included that the committee review approximately nine pages of issues, comments, concerns, that have been set forth to the committee. Page 81 May 27, 2008 Phase I, again, does not make any recommendations to modify the Rural Land Stewardship Area Overlay. It simply allows data to be used for Phase II review ofthe overlay. The Phase II overlay is already underway. It's being done by the committee. They meet once a month. They will be meeting beginning in June twice a month. Their anticipation is that Phase II, which is review the overlay, will be done later this year. And the review process for that will be the same as what we've used for Phase I, and that is, the report will come from the committee, go to the environmental advisory council, and they've already said they'd like a whole day to review it; to the Planning Commission, they also would like a whole day to review it; and then finally to the board, and that direction will be given on Phase II at that time. At this point I'd like to question whether or not the board has any questions about what's in the report. If there are not, I would like to introduce Ron Hamel who's the chairman of the committee, and Ron will go from here. CHAIRMAN HENNING: Are there any questions? (No response.) CHAIRMAN HENNING: Mr. Hamel? MR. HAMEL: Thank you, Commissioner Henning and Members of the Commission. For the record, my name is Ron Hamel, and I am chairman of the Rural Land Stewardship Area Review Committee, and it's really an honor for me to be here this morning and represent the committee. We have a couple of committee members here. I think it's Mr. Cornell and Mr. McDaniel that are here. And I just wanted to reiterate the fact that we at the committee level have been taking this process extremely serious. We know that we've got a good program, and it's been well recognized throughout the state, and actually throughout the nation for working to address a lot of the development issues that are related to Page 82 May 27,2008 rural lands and to also trying to protect agriculture. And I will say my real job is with the citrus industry as a representative of agriculture, and trying to do things to enhance and protect agriculture is a real challenge, and -- but we're going to do what we can to try to come back under Phase II to address some of the concerns that are related to the protection or preservation of agriculture or sustainability of agriculture. I think Mr. Greenwood kind of summed it up. The past few months we've been diligently involved in going through the data and background, and we are just now starting to get into Phase II where we anticipate most of the discussion will go on looking at this program. As many of you know, and I know our distinguished County Manager has realized, that there are a lot of eyes looking at the program statewide. And so our exercise is not strictly for this county but also somewhat of the future of a lot of these Rural Land Stewardship programs. But I would just like to say that I really appreciate an honor to serve on this, and I want to communicate on behalf of the committee that we are appreciative to serve on your behalf and do what we can to bring back to this group a program that will continue to keep our program moving forward. There is concern that if we're not careful through this process, that the existing program as we know it could receive a lot of comment. And we're concerned about that because we think we have a good thing here and we want it to move forward, maybe a little tweaking to address some of these concerns, but we certainly think you all were very astute and smart in putting together a program like this, and it's moving forward. But that concludes my remarks. I felt obligated as a member of the committee or chair to communicate on behalf of the committee on this one. COMMISSIONER FIALA: Mr. Hamel, before you leave, Page 83 May 27, 2008 Commissioner Halas has something to ask. COMMISSIONER HALAS: Yes, Ron. I want to commend you and your group that was put together for addressing all the issues in Phase I, and I hope you're as successful when you start working through the process in Phase II. As I read in some of my material that was given to me, looks like you have a challenge in Phase II, but I think that your committee will be able to address the concerns and hopefully address them in such a manner that DCA won't come back and challenge us on it, so. MR. HAMEL: That's putting -- COMMISSIONER HALAS: Good luck. MR. HAMEL: -- a lot of pressure on us, Commissioner. COMMISSIONER HALAS: Good luck to you. MR. HAMEL: We -- you know, and sincerely, we do have a public process here with this, and we've welcomed and had open discussions in our committee that actually kind of changed our agendas here and there in the past several months. But we're going to do what we can to come back with something that we'll continue to be proud of, and that's our goal and objective, and I appreciate those kind of remarks, and -- COMMISSIONER HALAS: I just hope that there's something that will come out of your work group in regards to addressing ago land, that we can keep ago land as ago land. I believe that we're considered the breadbasket of the world, and I'm very concerned about the lands that are being turned over to development and there's got to be some way to have an incentive program. Maybe it's got to be more at a state level or national level, but we really have to address where we're losing valuable ago land throughout the whole United States. MR. HAMEL: Yes, sir. And, you know, in the -- very positive thing happened this last legislative session under the Florida Forever Act wherein Commissioner Bronson recognized that fact and has actually put commitments of state funds to buy and protect some of Page 84 May 27,2008 the development rights from -- on agricultural lands, bonified ago lands. So I think we're moving in the right direction, of course, the foresight of this commission over the years to launch into the program that we put together five years ago after, what, two and three years of work, again, in a collaborative way. So we're going to do everything to keep it intact and hopefully don't throw the baby out with the bath water but do a few more things to protect our agricultural property. CHAIRMAN HENNING: We have some public speakers. MS. FILSON: Mr. Hamel was the first public speaker, and the second is Nancy Payton. MS. PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation. And I came to endorse this Phase I report and urge you to approve it and transmit it, excuse me, to DCA. I did want to quickly draw attention to table 1 C, which is on page 5 of your report, because from Florida Wildlife's perspective, this says it all about the success thus far of the program. And it's the summary of RLSA designations with sending areas approved and pending. And under the flow-way stewardship area, 64 percent of the targeted flow-way areas are under stewardship easement or are pending that easement. And secondly, the habitat stewardship areas, 75 percent of those lands targeted for protection as stewardship sending areas are already designated or are in the process of being designated. And also, we have 3,000 acres of open land, land that could potentially have been a village, town or hamlet that has been designated as a stewardship sending area, and that kind of counterbalances the 4,000 acres of Ave Maria. So I do think from an environmental perspective, I do believe that the program is a great success. I do want to comment on the current committee. They are hard Page 85 May 27,2008 workers. I'm impressed with what they've done. They are very open in taking public comment. They did suggest a stakeholders group, which we have met with Tom to try and more formalize or crystallize our various nine pages of concerns. That's been a success. And I do think that goes to the committee trying to engage as many people as possible and to make the process go smoothly. Thank you. CHAIRMAN HENNING: Thank you. Donna? COMMISSIONER FIALA: I just want to say -- CHAIRMAN HENNING: Or Commissioner Fiala. COMMISSIONER FIALA: I'm Donna. I'm so glad to hear that report. That makes me feel really good about this. It feels good anyway, but once you say it -- MS. PAYTON: Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I'm sorry. Is there one more speaker? MS. FILSON: Mr. Hamel was the second speaker. COMMISSIONER COLETTA: Okay. Yes, I'd like to make a motion. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There's a motion to approve staffs recommendations -- COMMISSIONER COLETTA: I want to commend Commissioner Halas for being a mind reader. CHAIRMAN HENNING: -- by Commissioner Coletta, second by Commissioner Halas. I just have one question, Mr. Greenwood. It's not Kaloacoochee, it's the Okaloacoochee Slough flow-way. That's not all protected now; am I correct? MR. GREENWOOD: Much of it is now and will be with the pending SSAs once they're approved, the stewardship sending areas. Most of the stewardship sending areas have occurred in the -- you Page 86 May 27, 2008 know, I call it the OK Slough because I can't pronounce it, but also the Camp Keais Strand. But that's where most of the stewardship sending areas are. CHAIRMAN HENNING: There's the landowner here, so he corrected me. Any further 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Thank you. Item #6E PUBLIC PETITION REQUEST BY MONICA FISH TO DISCUSS A DUMPSTER ENCLOSURE AT THE IMMOKALEE FRIENDSHIP HOUSE - MOTION TO BRING BACK ITEM ON CONSENT AGENDA IF IT CAN BE DONE ADMINISTRA TIVEL Y - APPROVED MR. MUDD: Commissioner, that brings us back to public petitions, and we left off at public petition 6E, and this is a petition request by Monica Fish to discuss dumpster enclosures at the Immokalee Friendship House. CHAIRMAN HENNING: I'm going to make a motion that we direct staff to bring back what the petitioner is asking us to do. Page 87 May 27,2008 COMMISSIONER COLETTA: Thank you, Commissioner Henning. You certainly saved a lot of time, and I'd second your motion. CHAIRMAN HENNING: Yeah. The board's going to vote approving your petition to bring it back to -- COMMISSIONER COLETTA: Formal. CHAIRMAN HENNING: --finalize it, or can we just give direction to do that? You don't have to bring it back on this one? It's just a dumpster, enclosing it with wooden fence instead of -- or is it a deviation of the code or -- what do we need to do, Susan? MS. ISTENES: Susan Istenes, Zoning Director. Actually, I just wanted to suggest the opportunity to look at it with the petitioner because I really just don't have enough information to just figure out what's going on. There may be the opportunity to get a deviation from the code through the review process. CHAIRMAN HENNING: And that would have to come back to the board? MS. ISTENES: No, no. It's just administrative. CHAIRMAN HENNING: Administrative deviation? MS. ISTENES: Correct. CHAIRMAN HENNING: Okay. MR. MUDD: If that is, indeed, the case, then we'll bring an item back. If that happens then we bring an item back to let you know on the consent agenda that that's exactly what happened on this particular petition. CHAIRMAN HENNING: Okay. MS. ISTENES: And if not you would bring it back as well, I assume. MR. MUDD: Then we'll bring it back on the regular agenda and have the board discuss it. CHAIRMAN HENNING: Okay. Do you want to state your name for the record and your organization. Page 88 May 27,2008 MS. FISH: Monica Fish. I'm the director at the Immokalee Friendship House, the homeless shelter in Immokalee. CHAIRMAN HENNING: 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: Opposed? (No response.) CHAIRMAN HENNING: Thank you. MS. FISH: Thank you. Item #6F PUBLIC PETITION REQUEST BY DUSTIN TIDWELL TO DISCUSS OFFICE FURNITURE BIDS - MOTION FOR THE PRODUCTIVITY COMMITTEE AND THE PURCHASING DEPARTMENT REVIEW AND BRING BACK TO THE BOARD AT FUTURE MEETING - APPROVED MR. MUDD: Commissioner, that brings us to our next public petition. It's a request by Dustin Tidwell to discuss office furniture bids. MR. TIDWELL: Good morning, Mr. Chairman and fellow commissioners. Thank you for letting me speak this morning. I've prepared a binder. Unfortunately I was not able to get it to you before the meeting. I didn't get these copies of the invoices until Thursday. So everything that I'm going to be talking about is supported in this binder, and I'd like to have one entered into the record. Page 89 May 27, 2008 CHAIRMAN HENNING: You have one in the record. MR. TIDWELL: Okay. CHAIRMAN HENNING: You didn't have time to make copies for all the commissioners? MR. TIDWELL: I did. They're here. On or about April 22, 2008, I received a call from Collier County employee, Damon Gonzalez. He was returning the call I had made to him requesting the opportunity to bid on the furniture business he routinely contracts. I informed Mr. Gonzalez that my company was chosen again this year by the Collier County schools as their provider of administrative office furniture. I went on to explain how my company was able to get the schools end column GSA discounts saving them tens of thousands of dollars. I also stated that my company has never and will never charge for design services and that competitive bidding has shown that our installation costs are the best in the state. I went on to explain that we are now the HON showcase dealer and we have a newly remodeled showroom and design center less than four miles from this government center. This location has all the HON's furniture that is on state contract. I also informed him of a new cubical system that we have that sells for 15 to 20 percent less than other systems. Mr. Gonzalez responded by saying, the county purchases Steelcase and Herman Miller furniture and it is not interested in looking at anything else. I reminded him again that I do not charge design services knowing full well that the Steelcase dealer and the Herman Miller charge $55 an hour for their services. Mr. Gonzalez replied that he is satisfied with those two vendors and that they're both Lee County companies, coincidentally. And because he buys all of his state contracted, he would not be giving me any projects to bid on. He also went on to say that even ifhe needed Page 90 May 27,2008 to purchase HON furniture, he'd continue to buy it from those two compames. So, you know, because I was so quickly dismissed by Mr. Gonzalez, I thought it prudent to petition this board. And the -- next you have a report that I prepared that shows that for the calendar year of2007, our invoices to Collier County schools totaled $564,913. Of that total, only $37,833.05 was for labor and delivery, okay. And I also included a copy of a buying contract that we were able to set them up with that shows the discounts. But basically, if they were to buy this chair before dealing with us, they would get 58.9 percent off. Now they get 65.7 percent off. So you can see, the buying group -- the buying agreement that we set up for them saved them considerably. So instead of getting, you know, the entry level discount on state contract, they get best discount all year regardless of the order size, and that's also explained in there. Another section of my report is the biggest part of that binder. I requested one year's worth of invoices to the Steelcase dealership. Because Mr. Gonzalez was so satisfied with their level of service, I thought it prudent that I pull those invoices and see what kind of pricing and services they had been getting. And, you know, I was expecting to see unbeatable prices, unmatchable service, and instances of heroic savings to the county, but what I found was to the complete opposite. And in the attached report you'll see a summary that shows that Collier County spent $465,085.22 to actually own $364 -- $364,260 worth of furniture. The county spent 20,800 for design services that I would provide for free. The county spent 24 thousand -- oh, I'm sorry, $2,497 for fabric coating, and many of these chairs come with fabric that's already stain protected. The county also spent $7,175 for special order fabric. And what that means is, you know, if you were to pick this chair right here, Page 91 May 27,2008 for example, there's about 300 fabrics on it before you'd have to go and pick something that was a special order. So, you know, the county's spent an extra $7,000 for fancy fabrics. And biggest of all, they spent $70,347 for labor charges. So only 78 percent of that money that they spent with that State of Florida contract vendor was for furniture, compared to the 93 percent with Marco Office Supply. I also included a comparison that I did. Of all the invoices I received, only two of them had drawings that were attached to them, so I was able to actually duplicate the drawing and provide, quote, what it would cost had the county went with Marco Office Supply. And if you total out those total invoices and the savings, there's roughly a 30 percent savings. So it's fair for me to say that if the county would have spent that $465,000 with Marco Office Supply, I could have saved them $140,000. And then I've also attached invoices that have to do with the design services. There's examples of invoices where they were charged design services for a storage cabinet. They were charged an hour for design services. On one invoice they were charged design services for a stool and a filing cabinet. On one invoice they were charged for pedestals. Pedestals are the drawers inside a cubicle. And, you know, there was one instance where the county was charged 44 hours for this vendor to provide a quote and a drawing for an order that they later got. So basically what I found in auditing those invoices is it's the county's practice to pay for quotes. So I think that's something that you might want to know. With regards to the biggest that I saw was -- there was one invoice where the county was billed 23 hours to design a lobby. Now, I'm sure many of you have walked through a lobby. Anywhere that there's a walkway, you put a chair. I don't think that, you know, it would require 23 hours of anybody's time to put a design like that Page 92 May 27,2008 together. COMMISSIONER FIALA: Especially when somebody's going to move them. MR. TIDWELL: So basically what -- it's our opinion, if the county would have put these jobs out for bid instead of going on with the state contract vendor, they would have not been charged design fees. It's my opinion that OFDC, the Steelcase dealer, is using design services as a profit center at the county's expense. I also went on to highlight the $7,000 worth of special order fabric, most of it being used in the facility management department for their panels. On one invoice -- on two invoices, I'm sorry, they spent 45 -- 4,527 for fancy fabric to cover their panels, and on a second invoice, they spend another $2,495 to use the same fabric on some panels again. And then on another invoice, purchasing department, they spent -- it doesn't -- I don't have that broken out. Within the lobby of the new purchasing department, they have some lobby chairs. They have seven of them. Because of the special order fabric that they put on those lobby chairs, it brought the cost of each lobby chair to $863, for a -- for one lobby chair. So -- and they also spent $2,497 on fabric coating. I attached an example in that binder of a couple of the fabrics on the back of the fabric samples that says that this fabric, you know, is protected with stain and fabric protection, you know. And then the county also -- I also broke down the $70,000 worth of delivery and labor charges, because what I found was a common practice is that many of these invoices were going to the same place. So instead of breaking -- instead of putting them all on one invoice and charging one delivery fee, they would break them out over several invoices and charge a delivery fee on each invoice even though the product was delivered and stamped received on the invoice the same day. Page 93 May 27,2008 So I mean, you know -- so please spend a few minutes and revisit those summaries and the summary report I did of each invoice. I've run out of time here. But there's one invoice that I want to pay particular example (sic) to. It's the most recent invoice. It's the purchase for the purchasing department. Mr. Carnell was here earlier, and he spoke about how, you know, getting competition makes his heart feel better, or something to that. Well, for his own office, he didn't get a competitive bid. He went with the state contract vendor. He spent $12,271 furnishing his own office, and that includes a $670 chair that he's sitting in. That also includes the $4,600 conference table that they have. Another invoice that I'd like to point out -- well, the gist of it is is that they spent over $100,000 on furniture, and I've done entire schools for that. But there is one more invoice that I must point out. Invoice number 18373. This is for a glass reception desk that was on display in the OFDC showroom in Fort Myers. Collier County paid $10,138 for this reception desk, bought it, had it delivered to a showroom -- to a storage room where it's been collecting dust since September 25, 2007. And I put a picture of that reception desk in there so that you could see what a $10,000 reception desk might look like. But in closing, you know, we would like to ask that the Collier County Commissioners instruct Mr. Mudd, the County Manager, to make all bids and furniture purchases available to Marco Office Supply for competitive bid and that the county looks into the selling practices of OFDC, the current furniture vendor, and possibly suspend them. I believe I'm out of time. CHAIRMAN HENNING: Dumfounded for words. Shocked. Commissioner Coletta? Page 94 May 27,2008 COMMISSIONER COLETTA: Commissioner Henning, you know, this is an awful lot of material to digest in just a few minutes. I mean, to hand us a book -- MR. TIDWELL: I'm sorry. COMMISSIONER COLETTA: No. I'm not -- that's all right. I understand. You're -- and if everything you said is absolutely true, then there's definitely something we have to do to correct it. I don't know if everything that you said is absolutely correct. What I'd like to do, rather than get into a long discussion with our purchasing department and going through a whole array of questions, I think this is an item we need to bring back, and if we -- at that point in time if we have questions, I suggest we put it out to an independent committee to be able to research it. And I'm not too sure if that would be the County Attorney. He's shaking his head no. CHAIRMAN HENNING: Why don't you give it to the Productivity Committee? COMMISSIONER COLETTA: That -- I love that idea. In fact, I would make that recommendation, that we go directly to the Productivity Committee and have them sort this out and then bring it back to the Collier County Commission. That's a great suggestion, Commissioner Henning. CHAIRMAN HENNING: Is that a form of a motion to -- COMMISSIONER COLETTA: That's the form ofa motion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- to ask the Productivity Committee to take a look at this document, have a presentation by the gentleman and a purchasing staff, correct? COMMISSIONER COLETTA: Yes. And if I may make one suggestion. You went to a considerable expense to produce this. I would -- and of course now this is public record and we do have one copy that's already here. I would make a suggestion we return it to the petitioner and that they have these for the Productivity Committee, Page 95 May 27,2008 and that will save duplicating all the records. MR. TIDWELL: Oh, I have a trunk full of them. COMMISSIONER COLETTA: You are prepared. MR. TIDWELL: Yeah. We think it's alarming information, sir. I mean, if you read over it -- I'm not the first person to come up here today and say, these are tough times. You know, you have -- it's the common practice of Collier County purchasing to buy $555 chairs. The county bought 53 Steelcase leaf chairs at a cost $55 a chair, and that $55 (sic) includes the $50 per chair that that vendor was charging to have them delivered. There's also an invoice in there where I sold furniture to the Ochopee Fire Department in February of this year. I set up an entire office, U-shape desk, hutch, filing cabinets, chair, I charged them $245 to deliver it. I thought that was fair. Well, at the same time, the same month -- and the invoice is included in here -- OFDC delivered 13 chairs and charged them $550 to deliver them. COMMISSIONER COLETTA: Whoa. MR. TIDWELL: And this is -- this is -- this is, you know, a vendor that they're thrilled with, that they won't even let me quote. How is that right? CHAIRMAN HENNING: Can I go to Commissioner Halas? Are you through? COMMISSIONER COLETTA: Oh, yes. Thank you, Commissioner Henning, for asking. I'm fine. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Can someone explain the $10,000 table, and it's in storage? MR. CAMP: For the record, Skip Camp. I have no idea what he's talking about. I have not seen any of this information at all. We have no idea. COMMISSIONER HALAS: Okay. All right. MR. TIDWELL: I can give him the invoice number. Page 96 May 27, 2008 COMMISSIONER HALAS: Well-- CHAIRMAN HENNING: I think we'll get to the bottom of it. So we're going to get it -- send this to the Productivity Committee and then get a report by the Productivity Committee and their recommendations. COMMISSIONER COLETTA: Could we give them recommendations that they try to give this some sort of priority and fit it in -- MR. TIDWELL: Sorry. CHAIRMAN HENNING: That's all right. Yeah, I think that's -- ask them to review it at their next meeting, if possible. MR. TIDWELL: Well, I also have to point out, I was given all these invoices late in the day Thursday, so as you can imagine, I spent the last four days doing this. In my report I did make reference to finance department. That was wrong. It's the purchasing department. On the invoices that said finance department, I assumed that was purchasing department, so I need to make note of that. You guys can make note of any that, that any reference in my report to finance department needs to actually be purchasing department. That was just, you know, an error in my haste to get all this together for today's meeting. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER FIALA: Did a lot of work. COMMISSIONER HALAS: Yeah. I appreciate you bringing forward this, but I wished it was -- we had this information -- MR. TIDWELL: I'm sorry. I just got this stuff Thursday. COMMISSIONER HALAS: But there's always -- I always find there's two sides to every story. MR. TIDWELL: Right. COMMISSIONER HALAS: So I'm waiting to get the other side of the story. CHAIRMAN HENNING: Okay. There's a motion and second Page 97 May 27, 2008 on the floor. All in favor of the motion, signify by saying 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. TIDWELL: Thank you. CHAIRMAN HENNING: Sir, if you would go down to the next floor down, give a card to Mike Sheffield. He is the liaison for the Productivity Committee. And I think that's all we have to do, right? MR. TIDWELL: Well, is the board going to do anything with regards to the furniture bids being made available to me starting today? As you guys could imagine, there's 110 million -- $110 million worth of construction projects underway right now in the county that are going to require furniture, and right now this is the only vendor that the county's using. So I think that the board needs to take immediate action to stop its current purchasing policy and make them available to -- if not me, at least some other vendors. Right now today, deals might be brokered. CHAIRMAN HENNING: I think we're shocked by the information, but we don't know if the information is true. Like Commissioner Halas said, there's two sides to the story. We're asking the Productivity Committee to take a look at this information and give recommendations to the Board of Commissioners. COMMISSIONER FIALA: Is there a way that we can prolong any purchasing of office equipment from the same vendor until we -- or to open it up to all vendors rather than just limiting it to one? And then, of course, designing the bid process so that it doesn't exclude everybody but one? Page 98 May 27, 2008 MR. CAMP: Again, for the record, Skip Camp. First of all, we use two different vendors, not just one. We use the two that were recommended by an independent consultant years ago. We're not going to be making any major -- any major purchases on furniture for a while, so we can delay. CHAIRMAN HENNING: So the answer to the question is, yes, they can delay any further purchases. COMMISSIONER FIALA: Okay, thank you. MR. TIDWELL: Also I'd like to point out that for the last 11 months there are no furniture purchases to any other companies except OFDC, for the last 11 months. CHAIRMAN HENNING: Great, thank you. COMMISSIONER FIALA: Yeah. I can see that in this report. CHAIRMAN HENNING: We're going to take a lunch break. An hour, be back at one o'clock. COMMISSIONER HALAS: Do we have to vote on this or -- CHAIRMAN HENNING: Oh, I thought we did. Didn't we vote? COMMISSIONER COLETTA: I don't believe we did. MR. MUDD: No, you did. I've got approved 4-0. COMMISSIONER HALAS: Oh, okay. All right. COMMISSIONER COLETTA: Talking about short memories, huh? Including me. CHAIRMAN HENNING: Yeah, an hour and one minute. We'll be back at one o'clock. Thank you. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #8A ORDINANCE 2008-26 FOR THE DISSOLUTION OF COPPER Page 99 May 27,2008 COVE COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.046 (9), FLORIDA STATUTES - ADOPTED CHAIRMAN HENNING: First item is 8A, a recommendation to consider the dilution (sic) of the Copper Cove Community DCC. COMMISSIONER FIALA: I make a -- COMMISSIONER COLETTA: Motion. COMMISSIONER FIALA: -- motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Is there any speakers? COMMISSIONER FIALA: Nice tie. CHAIRMAN HENNING: Discussion on the -- MS. FILSON: No, sir. No speakers. CHAIRMAN HENNING: 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #8B ORDINANCE 2008-27: AN ORDINANCE AMENDING ORDINANCE NO. 75-04, WHICH CREATED THE GOLDEN GATE MUNICIPAL SERVICES DISTRICT, IN ORDER TO ESTABLISH A NAME FOR THE ADVISORY BOARD Page 1 00 May 27,2008 APPOINTED BY THE DISTRICTS GOVERNING BOARD, EXTEND THE TERMS OF THE ADVISORY BOARD APPOINTMENTS, ADD A NEW ADVISORY BOARD ALTERNATE MEMBER POSITION, AND CORRECT MINOR TYPOGRAPHICAL ERRORS - ADOPTED W /CHANGES MR. MUDD: Commissioner, next item is 8B, and that was brought -- you asked for those particular items to be pulled to the regular agenda. It used to be 17B. It's a recommendation that the Board of County Commissioners adopt an ordinance amending ordinance number 75-04 which created the Golden Gate Municipal Service District in order to establish a name for the advisory board appointed by the district's governing board, extend the terms of the advisory board appointments, add a new advisory board alternate member position, and correct minor typographical errors. Now, this also has a companion item which you also asked to be moved to the regular agenda, and that's -- used to be 16K4, now 12B, and that is a recommendation that the Board of County Commissioners adopts a resolution approving the revised guidelines and rules governing the Golden Gate Community Center Advisory Committee. CHAIRMAN HENNING: Right. Let me talk about the ordinance first, and it also refers to it in the resolution. On page 2 of 3 it calls for the alternate position. The only problem with it is we've been having a hard time fulfilling the positions that we have now, so I'm afraid if we ask for an alternate that we'll continually advertise it until somebody does step up. Mr. Klug, the chairman of that advisory board, the community center advisory board, is here. And before we vote it, we ought to hear from him. Commissioner Halas? Page 10 1 May 27, 2008 COMMISSIONER HALAS: Yeah. One question I have, is the alternate going to vote every time that that alternate is at the meeting, or is the alternate only going to vote when there's an absent person on the committee? CHAIRMAN HENNING: It's only when a member is not available. COMMISSIONER HALAS: That that alternate would have the voting privilege; is that correct? CHAIRMAN HENNING: Correct. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: The other thing is -- I should have marked that. The -- some of the references in here is inconsistent with our policy 2001-55. Can we go to the item 10 -- what is it? MR. MUDD: It's 16 -- in your book it's 16K4, now it's 12B. CHAIRMAN HENNING: And on page 6 of 15, if an advisory board member misses two consecutive meetings without prior approval, he or she shall be considered terminated from the advisory board. That's not consistent with our policy now. And Sue, what's the MS. FILSON: The other one is on the same page and it's down, B. It says, request for prolonged absences, meaning more than three consecutive absences, must be approved by the Board of County Commissioners. CHAIRMAN HENNING: Right. MS. FILSON: Which also is not practiced with all the other committees. CHAIRMAN HENNING: Yeah. So if somebody goes on vacation or is ill or something like that, we have to approve their absences. That's the only comment that I have. But before we take any action, if we could hear from Mr. Klug. Commissioner Halas? COMMISSIONER HALAS: Yes. In case of that nature, if the Page 102 May 27,2008 person knows that he's scheduled to go on vacation or whatever else, I would think that he would automatically contact the board to get an excused absence, and I think there shouldn't be a problem under that as long as they're excused absences. MS. FILSON: And that's the way it's practiced with the other committees. CHAIRMAN HENNING: Right. But here they have to come to the Board of County Commissioners and ask approval. Can we call up the public speaker? MS. FILSON: I don't have a public speaker. CHAIRMAN HENNING: Mr. Klug, if you would indulge me. Come up to the microphone, please, and state your name for the record. MR. KLUG: Yes. My name is Jim Klug. I'm a -- the chairman of the Golden Gate Community Center Advisory Committee. And the reason we put this before the board was because it hadn't been revised in a long, long time. And as a matter of fact, an attempt was made to revise it before my time. And we discovered that it was never brought before the board. So we went through the -- through the thing and made the changes that we thought should be made. Now, I've got a short memory, but what was the first thing that was brought up? CHAIRMAN HENNING: First thing, Jim, was my concern about the alternate position. MR. KLUG: Okay. The reason we decide -- we wanted to suggest that was because, as Commissioner Henning knows, we have had a board there for quite some time that has been with the same people, and that mainly has been because, I guess -- part of it has been because there haven't been other applicants; however, the last time we did have a -- I believe we had two seats up for -- available. It was Kaydee Tuffs and mine, and there were three applicants, Kaydee Tuff, me, and another person. Page 103 May 27,2008 And the board decided that -- recommended, and the -- I keep on calling it the board. The committee recommended to the board here that the two incumbents continue and you approved that; however, we thought that it might be -- since there was another person available, it might be prudent to have an alternate so that that person could come aboard and, number one, understand what was going on with the committee and, number two, stand in for the committee if somebody -- stand if for a person in the committee if somebody wasn't available. We thought that might make it easier to have a quorum, and we just thought it would be more productive, make it more productive. That was the reason we did that. Okay. I don't think there was a strong opinion one way or the other, but we just thought that that would be a good way to introduce the person to the workings of the board and the Golden Gate Community Center. So we suggested that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Do you have a -- excuse me, I'm sorry. Do you have a problem meeting your quorum? MR. KLUG: We have had at some points, particularly in the summer. We'll get into that a little bit further on. But I, for instance, had been, until the gas prices went up, a -- although I'm a full-time resident here, I have an RV and I spent quite a bit of time traveling during the summer and wasn't here a lot of the times during the summer. And during the summer we did have some, not insurmountable, but some problems. We had to call around and make sure everybody got -- we had at least three people out of the five year. COMMISSIONER HALAS: Okay. That was my next question. So you have five people presently on the committee. MR. KLUG: Right. COMMISSIONER HALAS: And you have a problem in the summertime meeting the number of people there to make a quorum? MR. KLUG: Yeah, not insurmountable. It's just -- we thought it Page 104 May 27,2008 would make it easier, that's all. COMMISSIONER HALAS: Okay. And it's my understanding from the discussion that Commissioner Henning and I had up here that this person would sit there and would only vote in the case that one of the people was absent. MR. KLUG: That was our intent, yes. COMMISSIONER HALAS: Okay. MR. KLUG: Now, the second one was the terms? CHAIRMAN HENNING: No, it was the inconsistent with our existing policy governing advisory boards, and that would be an automatic dismissal if you miss two. MR. KLUG: I don't remember that. CHAIRMAN HENNING: And also that more than three absences would have to be excused by the Board of Commissioners. MR. KLUG: Yeah, that one I do remember. I don't remember the two. I don't -- that was not discussed at -- I don't remember the discussion on the second point. On the third one, what we wanted to do was we thought -- we thought -- first of all, I was -- I got some misinformation because last year, for instance, I was out for three months and was told that we had to get an excused (sic) by this board and wrote a letter and gave it to a member of the county and then was told that upon further research, we didn't need to do that and they gave it back to me. So now I find out that I guess I did need to do that. I was out for three consecutive meetings. But anyway, we found out that we were supposed to do that and we said, well, gee whiz, that seems a little -- I don't want to get disrespectful here, but a little too much detail for the Board of County Commissioners to get into. CHAIRMAN HENNING: That's where we're going to move it, Mr. Klug, remove it. I'm going to make a motion to approve the ordinance with the amendment or removing the alternate. Page 105 May 27, 2008 MR. KLUG: Okay, okay. COMMISSIONER FIALA: Okay. And I'll second the motion. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Is that also -- Commissioner, in your motion, does that include changing the terms of the advisory board members from two years to three years? CHAIRMAN HENNING: That's part of the change of the ordinance. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: The only thing that I'm changing on the ordinance is approving as is except for the alternate. COMMISSIONER HALAS: Okay. 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? (No response.) CHAIRMAN HENNING: Motion carries. Should we hear this other one now or just take action? Item #12B RESOLUTION 2008-154: A RESOLUTION APPROVING THE REVISED GUIDELINES AND RULES GOVERNING THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE - ADOPTED W /CHANGES MR. MUDD: Yes, sir, while it's still fresh at hand. CHAIRMAN HENNING: I'm going to make a motion to Page 106 May 27, 2008 approve with the exception it shall abide by our present ordinance, 2001-55. MS. FILSON: Yes. CHAIRMAN HENNING: Is that correct? MS. FILSON: Yes, sir. CHAIRMAN HENNING: So the other stuff would automatically go away, those other two issues. MS. FILSON: And so you're going to remove those other two issues from the guidelines? CHAIRMAN HENNING: Correct. Is there a second to the motion? COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: Second by Commissioner Fiala. Discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Okay, Commissioner. And the one you just voted on, just for clarity for the record, was item 12B, which used to be 16K4. CHAIRMAN HENNING: And 10 -- what was that? MR. MUDD: The first motion was 8B, and that was to modify the ordinance to approve as is, minus the alternative, and then the second vote was on item 12B, which used to be 16K4, for clarification on the resolution. Page 107 May 27, 2008 CHAIRMAN HENNING: Right, good. Thank you, Mr. Klug. MR. KLUG: Thank you. Item #9 A RESOLUTION 2008-155: APPOINTING BRAD SCHIFFER AND CHRISTINE JONES; APPOINTING CHRISTOPHER SPENCER AS AN ALTERNATE AND CONFIRMING THE 7 MEMBER APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to item 9A, and that's appointment of members to the Affordable Housing Advisory Committee. COMMISSIONER FIALA: I make a motion to approve the committee recommendation of Christine Jones and Brad Schiffer. MS. FILSON: And in addition to that, you can also appoint the alternate, which is vacant, and that would be between Christopher Spencer or Juan Alvarez. COMMISSIONER HALAS: I'd like to make a motion for Christopher Spencer to be the alternate. CHAIRMAN HENNING: Well, we already have a motion on the floor unless you want to -- COMMISSIONER FIALA: I'll add that to my motion then, for Christopher Spencer, okay. CHAIRMAN HENNING: And are you seconding Commissioner Fiala's motion? COMMISSIONER HALAS: I'll second that, yes. CHAIRMAN HENNING: Okay. Now does that fit the state statute? MS. FILSON: Yes. Yes, sir. I've worked with Marcy Krumbine Page 108 May 27,2008 on this. CHAIRMAN HENNING: Okay. So there's a motion to appoint Brad Schiffer and Christine Jones, and the alternate is Chris Spencer. COMMISSIONER FIALA: Yes. 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? (No response.) CHAIRMAN HENNING: Carries unanimously. MS. FILSON: And just for your information, there are two additional members to be appointed to this committee, and the City of Naples will be making those appointments. Item #9B RESOLUTION 2008-156: APPOINTING JOHN WEBER TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE- ADOPTED CHAIRMAN HENNING: Next item is appointing members to the Radio Road Beautification Advisory Committee. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Make a motion that we appoint John Weber. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 109 May 27, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries. Item #9C RESOLUTION 2008-157: RE-APPOINTING BARBARA-MINCH ROSENBERG (WITH ONL Y 1 ABSENCE IN 8 YEARS) TO THE EDUCATIONAL FACILITIES AUTHORITY - ADOPTED MR. MUDD: Next item is 9C, appointment of a member to the Educational Facilities Authority. COMMISSIONER FIALA: Recommendation to -- or motion to recommend -- to appoint Barbara Minch Rosenberg. CHAIRMAN HENNING: Motion by Commissioner Fiala. Second by -- COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- Commissioner Halas. COMMISSIONER HALAS: Okay. 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: And opposed? COMMISSIONER FIALA: I'd like to just comment. In the last eight years, she's only missed one meeting. Wow, that is outstanding. I guess she really wants to be a part of that committee. That's cool. Page 110 May 27, 2008 Item #9D RESOLUTION 2008-158: APPOINTING BILL NEAL TO THE BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, next item is 9D, appointment of a member to the Bayshore/Gateway Triangle Local Redevelopment Agency Advisory Board. COMMISSIONER FIALA: Recommendation to appoint Bill Neal. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion to appoint Bill Neal, and second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9E RESOLUTION 2008-159: APPOINTING MARIO VALLE TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED MR. MUDD: Next item is 9E, appointment of a member to the Development Services Advisory Committee. Page 111 May 27, 2008 COMMISSIONER COLETTA: Motion to appoint Mario Valle. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Well, wait a minute. Wait. As a secondary selection? COMMISSIONER COLETTA: No, no, as the primary. CHAIRMAN HENNING: Oh. Committee's recommendation is Reid Schermer. COMMISSIONER COLETTA: No, I see that. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: And I want to point out that District 3 already has five members on this board, while District 5 only has two members. CHAIRMAN HENNING: There's a motion and a second on the floor. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. MS. FILSON: Who made the motion? CHAIRMAN HENNING: Commissioner Coletta. MS. FILSON: And the second? CHAIRMAN HENNING: Second, Commissioner Fiala. MS. FILSON: Thank you. Item #9F RESOLUTION 2008-160: RESOLUTION PERTAINING TO THE PROPOSED "RIVER OF GRASS GREENWAY" AND PRELIMINARY ALTERNATIVES FOR NON-MOTORIZED TRANSPORTATION ACCESS, INCREASED AWARENESS AND SUPPORT FOR THE PRESERVATION OF THE EVERGLADES- Page 112 May 27,2008 ADOPTED MR. MUDD: Commissioner, the next item on the agenda is item is 9F. It's a recommendation to adopt a resolution pertaining to the proposed River of Grass Greenway and preliminary alternatives for non-motorized transportation access and increased awareness and support for the preservation of the Everglades. This is an item by Commissioner Coletta. COMMISSIONER COLETTA: Yes, and I really appreciate being able to get this in front of you, and of course, this is just the first step to a long road to be able to get there. The River of Grass Greenway will in no way impede other uses that are taking place out in the Everglades and along 41. People that are currently accessing public land for other purposes will still have that right to do that. This is one more way to assure the public's access to our public lands, allowing our residents and visitors to be able to enjoy the wonders of nature in a non-obtrusive way. Biking and hiking are becoming more and more popular. This proposed amenity will benefit not only residents but those for generations to come. And if we don't have any speakers, I'd like to make a motion for approval. COMMISSIONER FIALA: (Nonverbal response.) MS. FILSON: I have two speakers. CHAIRMAN HENNING: Motion by Commissioner Coletta, and there's a second by Commissioner Fiala. Speakers? MS. FILSON: Yes, sir, I have two speakers. Shannon Chesser. CHAIRMAN HENNING: She's not here. MS. FILSON: Maureen Bonness? CHAIRMAN HENNING: She's not here. COMMISSIONER COLETTA: Not here. Page 113 May 27, 2008 CHAIRMAN HENNING: Commissioner Halas has a question. COMMISSIONER HALAS: I understand where you're going with this, Commissioner Coletta. I think it's a very worthy thing. My concern is, how are we going to enforce non-motorized vehicles? COMMISSIONER COLETTA: I'm glad you asked that. I've been familiar with these particular greenways -- COMMISSIONER HALAS: Motorized vehicles. COMMISSIONER COLETTA: That's correct. In other words, how are we going to be able to maintain this for the public's use to make sure motorized vehicles do not end up on this green-way. COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: And that's very simple. They do it throughout the whole country, and what they do is they put these barriers in round tubes that go into the ground that are spaced out so that you cannot drive a motor vehicle; however, with that said, they also have the ability to be able to unlock them to be able to remove them so you can get in there to be able to service the road when necessary. COMMISSIONER HALAS: Okay. So this is basically going to be for hiking and bicycling; is that correct? COMMISSIONER COLETTA: That's correct. COMMISSIONER HALAS: And motorcycles, et cetera, won't be allowed to use that? COMMISSIONER COLETTA: No, no. It won't be compatible with that particular use. COMMISSIONER HALAS: My -- like I said, my only concern is, how are we going to be able to enforce that with motorcycles since you can use bicycles and stuff and A TV s? COMMISSIONER COLETTA: Sure. And I can understand your concern. Once again, this is -- this particular pathways -- and I've been on them throughout the whole country all the way from Massachusetts, Pennsylvania, out west, and I've seen these pathways Page 114 May 27, 2008 in action, and they very effectively maintain them just for that particular use by the way they place the barriers. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: I'd just like to comment that the greenway in Ohio has horse and buggies on it. It really does. COMMISSIONER COLETTA: I guess that would be non-motorized. Of course -- CHAIRMAN HENNING: Would that be one-horse or two-horse engines? COMMISSIONER FIALA: Both. COMMISSIONER COLETTA: But you'd have to put diapers on the horses, I would assume, because I don't think the hikers want to step in it. COMMISSIONER FIALA: Then the diapers slip. Excuse me. I just had to add a little levity. CHAIRMAN HENNING: Commissioner Coletta, I did some research on this greenway, and just want to commend you and thank you for bringing it forward. COMMISSIONER COLETTA: Well, thank you very much, Commissioner Henning. CHAIRMAN HENNING: No further discussion, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #10C Page 115 May 27, 2008 RESOLUTION 2008-161: SUPPORTING THE NATIONAL STRATEGIC IMPORTANCE OF MAINTAINING SPACEFLIGHT EXPERTISE AT THE KENNEDY SPACE CENTER IN THE STATE OF FLORIDA AND ENSURING THAT FUTURE CREW AND CARGO MISSIONS TO THE INTERNATIONAL SPACE STATION USE DOMESTIC CAPABILITIES - ADOPTED MR. MUDD: Commissioner, next item on your agenda is a time certain item at two p.m., so we're going to wait about 40 minutes. Next item is 10C, and this is a recommendation to approve a resolution supporting the national strategic importance of maintaining space flight expertise at the Kennedy Space Center in the State of Florida and ensuring that future crew and cargo missions to the International Space Station use domestic capabilities, and this item is my item on the agenda. It was basically a request from Brevard County to Commissioner Fiala to basically support a resolution to try to maintain jobs, some 4,000 in the State of Florida. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta. 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? (No response.) Page 116 May 27,2008 CHAIRMAN HENNING: Carries unanimously. MR. MUDD: Commissioner, just a point of clarification on 10C. The last meeting when I brought this up during communication, there was some conversation, communication, amongst the commissioners to make sure that there were no unforeseen or unanticipated consequences from the resolution. This is just straightforward resolution trying to maintain jobs in the State of Florida. We could find no second meaning to -- or unanticipated meaning to this particular resolution. COMMISSIONER FIALA: And I appreciated all the work that you went to -- or went through to get all of the answers that we needed to make this decision. Thank you for that. COMMISSIONER HALAS: Is there any -- was there any discussion or second guessing by the State of Florida and State of Texas in regards to who was going to hold the jobs? MR. MUDD: No, sir. I think there's some concern in both states, basically to Johnson Space Center and the Kennedy Space Center and how jobs are going to get maintained as the space shuttle program starts to -- COMMISSIONER HALAS: Winding down. MR. MUDD: -- wind down, and before the new program kicks in in 2012/2013. I believe that the State of Florida's -- I believe the State of Florida's intent and their wellness is basically carried very well by Senator Nelson, who's the chairman of the NASA committee and the Senate. He is a former astronaut. He knows the program and he knows how important it is to the state. So I think we're in good hands. COMMISSIONER HALAS: Okay. Thank you. Item #10D A BUDGET AMENDMENT REDUCING BUDGETED Page 117 May 27,2008 REVENUES IN THE GENERAL FUND (001) FOR FISCAL YEAR 2008 IN THE AMOUNT OF $6.752.500 - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10D, and it's a recommendation to approve a budget amendment reducing budget revenues in the general fund, 001, for fiscal year 2008 in the amount of $6,752,500. Mr. John Yonkosky, your Director of the Office of Management and Budget, will present. MR. YONKOSKY: Good afternoon, Commissioners. My name is John Yonkosky, for the record. Agenda item 10D is, as the County Manager just said, it's a recommendation for the board to approve a budget amendment that revises two of your general fund reviews. The first one is a sales tax revenue, and the budget -- the recommendation is to reduce your sales revenues from 35.7 to 30.4 million. The second revenue item is revenue sharing, and the budget amendment recommends reducing your revenue sharing budget in the general fund from 9.489 million to 8.037 million, a $1.452 million reduction. The state-shared revenues, as explained in the executive summary and a lot of discussion, is down. The state revenue is down. The state approved a budget that was about $4 billion below its budget for this year for next year. The state, since the beginning of this year, has revised its estimate for state-shared revenues, sales tax, and revenue sharing downward. The first revision came in March -- or the first revision came in December, the second revision was in March. Last month the estimate in March for your March revenues was down. The actual revenues were down 3.8 percent for sales tax, and they were down 3.1 percent for -- in April. So the revenues are continuing to come down. The composition of the state-shared revenue sharing is 3 percent cigarette tax and 97 Page 118 May 27,2008 percent sales tax. There's a direct correlation between the two. And then I also wanted to give you a brief update on the ad valorem receipts. The first two months of the year ad valorem taxes came in a little bit above the -- what our budget projections were. The last few months they've come in below what our budget projections are. There is going to be a tax certificate sale at the end of this month. That certificate -- the number of certificates or parcels that are on there is in excess of 13,000 certificates. In prior years it's been in -- approximately $8,000 in certificates. The tax department, tax collectors department, thinks that they'll probably be able to sell most of those certificates, so we're not going to make a recommendation on ad valorem taxes right now. We're just making the recommendation on reducing sales tax, revenue sharing. And if it warrants it, we'll come back to you at the end of next month with a recommendation on ad valorem. Basically that is my presentation. COMMISSIONER HALAS: Motion to approve the budget amendment. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. 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: Opposed? (No response.) Page 119 May 27, 2008 CHAIRMAN HENNING: Carries unanimously. MR. YONKOSKY: Thank you, Commissioners. Item #10E - Continued to later in the meeting RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS PLACE A SCHOOL BOARD REFERENDUM ON THE AUGUSUT 26, 2008 PRIMARY ELECTION BALLOT - MOTION TO CONTINUE TO THE JUNE 10, 2008 BCC MEETING FOR FURTHER DISCUSSION - APPROVED MR. MUDD: Commissioner, the next item is a recommendation that the Board of County Commissioners place a school board referendum on the August 26 Primary Election Ballot. Again, this is my item. Commissioners, what I'm about ready to pass out is a resolution. What we received from the school -- what we received from the school board is 84 -- 84 words. There is a requirement that the wordage be 75 words. The County Attorney has been quite diligent trying to make contact with the school attorney in this matter and has been able to make contact in this particular item. To be on the safe side, we are asking that the board approve this resolution and move the particular item forward to the Supervisor of Elections. And I'm going to read the resolution just because it's not in your packet at the board's pleasure. It's basically a resolution by the Board of Collier County Commissioners of Collier County, Florida, directing the Collier County Supervisor of Elections to take appropriate action with respect to Collier County school district's May 15, 2008, resolution number 08-05, which seeks to place a millage referendum on the August 26, 2008, ballot for the scheduled primary election. Page 120 May 27,2008 Whereas, on May 15,2008, the Collier County School District approved and adopted resolution 08-05, the resolution, and it's in your packet, pursuant to Florida State Statutes 1011.73(2), which directed the Collier County Board of County Commissioners to call an election as part of the August 26, 2008, primary election to vote on an ad valorem millage increase for operating expenses by the school district as authorized by section 1011.71 (6) of the Florida Statutes; and, Whereas, section 1011.71(7), Florida Statutes, in part states that school districts may levy by local referendum or in a general election additional millage for school operational (sic) purposes, et cetera; and, Whereas, school district millage elections are required to be held in the manner prescribed by law for holding general elections as provided by section 11011.73(3) of the Florida Statutes; and, Whereas, the Florida -- excuse me -- whereas, the school district's resolution includes language it proposes for its millage referendum; and, Whereas, the Collier County Board of County Commissioners finds that it is lawful and in the public interest to call for the referendum election requested by the school district and to direct the Collier County Supervisor of Elections to take appropriate action with respect to the school district's request as stated in its resolution number 08-05 while making no comment on the substance of the school district's proposed referendum and/or the lawfulness of its proposed ballot language. Now, therefore, be it resolved by the Board of County Commissioners of Collier County, Florida, that, number one, the Board of County Commissioners approves and authorizes its chairman to sign this resolution to call an election as part of the August 26, 2008, primary election to vote on a referendum for an ad valorem millage increase for operating expenses by the school district as authorized by section 1011.71(6) of the Florida Statutes, and hereby directs the Collier County Supervisor of Elections to take appropriate Page 121 May 27,2008 action with respect to the school district's resolution number 08-05, a copy of which is attached. By taking this action, the Board of County Commissioners makes no comment on the substance of the school district's proposed referendum and/or the lawfulness of its proposed ballots language but is merely performing its duty to call the election as requested by the school district. This resolution adopted after motion, second, and majority vote favoring same this 27th day of May, 2008. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: So they say that we're not allowed to comment and yet we've commented to say that they have 96 words and they're supposed to only have 75. Is it that they don't want to hear that or what? MR. KLATZKOW: Ma'am, if! could answer that question. We've been trying to get the attorney for the school board since Friday. We've emailed, we've tried calling him on his cell phone and his business phone. We've been unable to get him. It's his -- he signed off on this. It's his legal opinion that this is sufficient. I'm not going to second guess him; however, having said that, I would not have given you this form to approve. COMMISSIONER FIALA: But I'm saying, if legally they're only allowed to have 75 words on the ballot, shouldn't -- is it that we are not allowed to say that this -- you know, once they have the 75 words, that -- go forward, or do we just say nothing and -- MR. KLA TZKOW: We're just here as a conduit for the school board. That's what we're doing here. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I think we can go ahead and approve this because I think that the ramification's going to come in in November when the property tax issue is brought up with the school board. So I think that we're safe in just going ahead and approving this Page 122 May 27,2008 because I'm sure that on the November ballot when they're looking at about 50 percent revenue cut of the school board tax -- actually 25 percent -- but if you look at the school board itself, it will be almost a 50 percent cut, so -- CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Ifwe put this in with the 96 words, is there any guarantee that it will appear on the ballot, or will the elections office just kick it out? MR. KLATZKOW: That will be up to the Supervisor of Elections. We're doing our duty by simply acting as a conduit. COMMISSIONER COLETTA: I understand. But it's very important to the school board that this goes forward. And I know, you did everything, due diligence, to make sure that they were aware of this problem. Ifbetween -- when is the cutoff? It's going to be for August that they want it on for the primary, right? When is the cutoff to be able to get on that ballot; do you know? MR. KLATZKOW: I don't know off the top of my head, but I think they're coming up pretty quick on it. COMMISSIONER COLETTA: If I may suggest -- and that's up to the chair. That's up to the chair's prerogative. We might want to continue this item till later in the meeting and get somebody from the elections office here to give us guidance. If it's important to the school system, they have to -- we have to make sure that we know what they're up against, and they have to be advised of that. Past that point we can't do anything. Could we continue it, Chair? CHAIRMAN HENNING: We could. We can continue talking about it till they get here, too. We only have a couple things on the agenda. MR. MUDD: Sir, I've asked for somebody from the Supervisor of Elections to come on over here and talk about this particular item. CHAIRMAN HENNING: But I have some questions, too, and then we can continue it. We've just got one more item before we go to Page 123 May 27, 2008 our time certain at two? MR. MUDD: Yes, sir. COMMISSIONER FIALA: Two more items, right? MR. MUDD: And then we have a 12A item, sir. CHAIRMAN HENNING: 12A. MR. MUDD: Yes, sir, but we do public comment before. CHAIRMAN HENNING: If you don't mind, let me ask my question. Are we being asked to approve the ballot language to allow flexible funding for Collier County schools? MR. KLATZKOW: No. You're simply asked to request that the Supervisor of Elections put this on the ballot. CHAIRMAN HENNING: Puts the resolution on the ballot? MR. KLATZKOW: The school board resolution. I know -- this is a school board resolution. CHAIRMAN HENNING: Okay. The school board resolution has the ballot question on there, so we're being asked -- I mean, it doesn't say whether we're saying to put resolution 2008-5 of the school board's on the ballot? MR. KLATZKOW: No, sir. We're being asked to forward-- forward this resolution to the school board so that they can put the ballot question on. CHAIRMAN HENNING: It is 2008-5. The second question is, this is the capital improvement fund that they're going to reduce. What's that going to do to impact fees? In other words, when we -- when we do the impact fee calculation, you have less money going to capital improvements and more money going ad valorem. Do you have an answer to that, County Manager? MR. MUDD: Commissioner, it would reduce -- right now that quarter of a mill -- and they're basically doing a -- they're doing a flop so that there's no increase in ad valorem taxes to the taxpayer; however, by moving money out of the capital piece into the operations side of the house, based on if the voters approve this in the August Page 124 May 27,2008 primary, what it will do is it will reduce the amount of credit that quarter of a mill's worth in the capital program, which is a credit to the impact fee. So that credit will leave and there will be a void. And as the impact fees get updated at a future time, there is a potential that the impact fee for the school district could increase. CHAIRMAN HENNING: And that could be substantial; you're talking 30, $40 million? MR. MUDD: No, sir. A quarter mill is around -- I want to say it's close to $20 million, about 22, so that that would -- that would be an issue. The November -- as you and I exchanged in emails, the November referendum could be more severe as far as impact fees and their increase in the future depending on how the voters vote on that particular -- CHAIRMAN HENNING: Right. I'm just trying to deal with this Issue. MR. MUDD: This one. Could be about a $22 million shortfall as far as credit is concerned, and they'd be trying to make that up vis-a-vis their impact fees. CHAIRMAN HENNING: That could substantially increase the impact fees? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Do we know how much per household? MR. MUDD: No, sir. I'd have to go through the impact -- I'd have to go through the consultant that we have, Tindale, Oliver, and Amy in order to get the specifics on exactly what that would be, sir. CHAIRMAN HENNING: Okay. Well, maybe that could be something that could be addressed before the ballot question; not by us, by the school board, how they're going to address that shortfall of capital improvements. I think the -- what is it, 10 mill-- $10,000 per unit for school impact fees? MR. MUDD: Yes, sir. Page 125 May 27, 2008 CHAIRMAN HENNING: Yeah. That's a lot of money. Do we have speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: Is there a -- oh, no. We're going to wait on this item. MR. MUDD: Want to continue that. We've got a couple items in between. See if we can get somebody from Supervisor of Elections. CHAIRMAN HENNING: We're going to continue 10E, and address some other things on the agenda. Item #lOF REQUEST TO AMEND CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CONSOLIDATED IMPACT FEE ORDINANCE WITH RESPECT TO THE WAY AL TERNA TIVE IMP ACT FEE STUDIES ARE CONDUCTED - APPROVED MR. MUDD: Yes, sir. The next item is lOF. That used to be 16B2. The item was asked to be pulled by Commissioner Fiala, and it read, to receive approval from the Board of County Commissioners, the BCC, to amend Chapter 74 of the Collier County Code of Laws and Ordinances' consolidating impact fee ordinance with respect to the way alternative impact studies are conducted. MS. FILSON: And so the commissioners aren't confused, because initially on the change sheet they pulled 16F6, which I put into their agenda, and then they took it back off, so I didn't want you to be confused. And that was -- and that was right before the meeting, so I didn't have a chance to change it. MR. MUDD: That wasn't a change that was on the change sheet that I read this morning, okay. Page 126 May 27,2008 MS. FILSON: You're right, and they didn't change it till like 10 till, and I already had the commissioners' agendas printed out. CHAIRMAN HENNING: Okay, boys and girls. Commissioner Fiala, you have a question? COMMISSIONER FIALA: Yes. My main thing is, it was talking about staff being concerned that an alternative impact fee study for existing typical categories could have a significant repercussion to the impact fee program. And as I read through this thing, it really raised a lot of questions in my mind because -- let me see. It's unreasonable to expect each independent study to replicate exact figures included. And I thought, well, you know, a lot of times it's the only fair way to do it. And I was hoping that we were going to stay with fair. MR. CASALANGUIDA: Absolutely, Commissioner. For the record, Nick Casalanguida, Transportation. When you get an atypical use, you expect someone would want to do a study. They say, we're not consistent with your rate code, so let's take a look at it. And we're all about being fair; you pay for your impacts. That's the whole nexus with impact fees. When you start getting into some applicants wanting to do studies on typical uses, you've got to question that because they're taking advantage of maybe off season, which is not best management practices, or they're saying in a down economy and off season, banks and hotels and restaurants generate less trips. Well, that may be good for one season or off season, but it's not typical on a whole year or peak season. So our goal is to say, we want to update our process to use best management practices, we're going to research what's going on in Orange County, work with Tindale Oliver, the consultant, and have him come up with guidelines for alternative studies that are more consistent, but be fair. They would do the study, and whatever it came out to, it came out to. COMMISSIONER FIALA: Yeah, that was my main concern, Page 127 May 27,2008 and so I thought I'd rather bring this onto the regular agenda and just talk about it in the public so everybody knows what we're -- MR. CASALANGUIDA: Absolutely. COMMISSIONER FIALA: -- considering, because some of the ones that have come before us were very interesting and, indeed, they saved themselves hundreds of thousands of dollars because they didn't fall into the pattern and there was no category for them. We're still going to allow people to do that; is that -- MR. CASALANGUIDA: Absolutely. Atypical uses make sense to do a separate study. Typical uses, things that we're going to look at. Is it statistically different, statistically significantly different? When we say that, we say, if you're within 5 percent of what their general impact fee rates and trip distances are, we wouldn't accept the change, and that would be the board's discretion. If you're drastically different, are you taking the counts in the off season where obviously the numbers are going to be down and the trips will be down. We're trying to set some guidelines that are more consistent with best management practices. COMMISSIONER FIALA: I was thinking specifically something that never went through, of course, was the gymnastics place where there was no category for them and we couldn't find one and they couldn't afford a study, and so they just had to forego the business and let it go, and that was too bad. But I think people should be allowed to at least find a category, at least a fee that would fit them. MR. CASALANGUIDA: I agree with you. There should be a way to do that. We'll make sure we can do that. COMMISSIONER FIALA: Okay. Motion to approve. MR. CASALANGUIDA: We'll be back with a resolution so you will see this again. COMMISSIONER FIALA: Okay. Motion to approve. CHAIRMAN HENNING: Okay. Motion by Commissioner Fiala -- Page 128 May 27, 2008 COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: -- second by Commissioner Coletta. 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item # 11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, the next item on our agenda is public comments on general topics. Ms. Filson? MS. FILSON: Yes, sir. We have three speakers. The first is Anthony Pires. He'll be followed by Richard Hamilton. MR. PIRES: Thank you, members of the board, Mr. Chairman. The item I'm speaking about today -- and thank you for the opportunity to have this discussion -- with regard to the issuance of a Temporary Certificate of Occupancy for the restoration church facility in the Bucks Run development on Collier Boulevard where all required activities or inspections have been successfully completed except for one remaining item, and those are the completion of turn lane improvements on Collier Boulevard where the turn lane improvements are a component of the county road project. Page 129 May 27,2008 And the inability to obtain a Temporary Certificate of Occupancy is having serious adverse effects on the operations and finances of the church, and we don't believe there are any adverse effects to the public and we don't believe any public safety issues are implicated. Weare on the schedule for the board meeting of June 10th under public petitions and appreciate the opportunity to have this discussion today. The inability to have a resolution prior to that date is having serious adverse effects on the operations and finances of the church. Pastor Thome of the church is with me here also today. And we thank you for the opportunity to have this discussion and hopefully obtain direction to staff that will obviate the need for the public petition consideration on June 10th. There's no pending litigation in this issue. There's no code enforcement action pending. And if I may just have a little bit of opportunity for background, I'll keep within the time frame so the board doesn't set the buzzer off on me. In March of2007, the church obtained its final SDP, phased its construction of its facility to coincide with the county's completion of that portion of Collier Boulevard widening project consisting of the northbound and two southbound turn lanes into the Bucks Run Development. The language in Bucks Run PUD says the turn lanes shall be in place prior to any COs being issued for any permanent buildings. So it was key that the church phase their construction and follow along with the county's, and they all coincide at the same time. As of April 28, 2008, all required inspections for the church's -- church facility were completed, all requirements for CO were achieved except for the required turn lanes which had suffered some delays. Discussions have been held between the church, the consultants and county staff in order to obtain a CO, temporary CO. On May 14, 2008, the county staff advised the pastor and some other -- and the consultant that the turn lanes would be finished Page 130 May 27, 2008 between May 24th and May 27th. A CO could be issued under various conditions which were amenable to the church, that the payment of the church's proportionate share, which is 11.67 percent of the construction cost, and -- however, on May -- a couple other items. I see 30 seconds left -- and that the church take care of the MOT on 951 during service hours and they'd also handle traffic issues and pay their proportionate share within 30 days of receiving invoice. On May 16th, two days later, the staff advised that they couldn't go along with that particular position. Mr. Casalanguida advised that while the county staff had been advised on May 14th that both turn lanes would be operational, only one is operational, and the southbound turn lane was not operational. Therefore, we missed the window to be on today's public petition agenda. So we ask that you give direction to staff, favorable direction, to work with the applicant for a temporary CO under the conditions. And if I could have 15 seconds, I could complete the conditions. Request that the BCC authorize the CDES and county transportation to issue a temporary CO for the church's facility, not the child care facility. That's a different animal. We're not asking for that. That the church pays -- as long as the church pays its proportionate share, 11.6 percent, of the costs of improvements for Collier Boulevard turn lanes owed by Bucks Run PUD, all in accordance with the agreement between the Bucks Run developer and the church, within 10 days of the church's receipt of the invoice from the contractor for Collier Boulevard, and until both turn lanes are in place, their church will provide traffic control personnel, deputy sheriff or state troopers, at the intersection of Collier Boulevard and Bucks Run Drive to direct traffic for Sunday service and also handle MOT, you know, coordinate the traffic issues while that project is being completed. Thank you. I'm available for any questions, as is Pastor Thome. CHAIRMAN HENNING: I have a question. What's MOT? MR. PIRES: Maintenance of traffic or -- maintenance of traffic. Page 131 May 27, 2008 In other words, so there's no conflict between the ongoing construction, if there is any, with any traffic that might be on the road, and Mr. Casalanguida can correct me if I'm wrong on that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Nick, how does this fit in with the project that's going to go out there with the church and with the road? MR. CASALANGUIDA: Sure. For the record, Nick Casalanguida. The project's actually moving ahead of schedule on Collier Boulevard. One of the staff members advised them incorrectly they could issue a TCO. We have no leeway to do that. The PUD is very clear. It says the CO cannot be granted without those access points being in place and operational, so both of those items. And I explained to the pastor, and it was an amicable discussion. We just didn't have the ability to do that. My advice to the board, or recommendation to the board, is that if you so feel that you would like to issue a TCO, that there would be a couple stipulations that would go with that. One is the MOT, maintenance of traffic, is established with the contractor because it is the contractor's road right now. They maintain it. They take care of traffic right now, and they would have to go according to maintenance (sic) of traffic plan; that the Sheriffs Office would be in place at all times when they had service. And I don't distinguish the fractionalized PUDs. The PUD owes a total of 185,000 for the turn lanes and design, and I -- there's a bill that's been sent outstanding to the PUD itself. If the board saw fit to ask for a proportional payment from the church, that's fine if that's what you'd like. We sent the full payment (sic) to the PUD, the entire PUD. So however direction you would like to go with that, that's fine as well, too. COMMISSIONER HALAS: When do you anticipate that that road will be totally operational, functional? Page 132 May 27,2008 MR. CASALANGUIDA: The road totally operational, I don't want to give you a date. But I can tell you that the area in front of it's about four weeks that we've been told that those turn lanes in front of them per the PUD will be in place. COMMISSIONER HALAS: So in four weeks, we'll have -- they'll be in compliance, is that what you're saying? MR. CASALANGUIDA: In about four weeks they'll be in compliance, and that's what the contractors told us and the project managers told us. COMMISSIONER HALAS: Does it have an effect on us as far as funds coming forward to the county? MR. CASALANGUIDA: No, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Nick, have you talked to the contractor about maintenance of traffic during the construction, or is this just going to be on Sunday when the contractor's not going to be there? MR. CASALANGUIDA: Well, they're working various hours. There are times they're out there working Sundays as well, too, so -- CHAIRMAN HENNING: That's the feedback from the contractor? MR. CASALANGUIDA: Excuse me, sir? CHAIRMAN HENNING: Did you get any feedback from the contractor? MR. CASALANGUIDA: We did. They said they can work with us. Our project manager can work with the contractor to obviously -- I mean, there would be issues with maintenance of traffic. They'd have to work that out. And they would be at the contractor's discretion. It's their road right now. CHAIRMAN HENNING: Would they ask us for more monies for, you know -- MR. CASALANGUIDA: If they did, I would imagine that Page 133 May 27, 2008 would be the church's responsibility, and the church has talked about that. MR. PIRES: The church is agreeable to that. We recognize that consideration. We don't want the county to have any additional expense. CHAIRMAN HENNING: So this would just be on a Sunday, there would be a deputy out there directing traffic, you pay your proportional share? MR. PIRES: Yes. CHAIRMAN HENNING: And what else? MR. CASALANGUIDA: Maintenance of traffic, deputy there, they pay their proportionate share of improvements. If that's what the board directs, I can work with that. CHAIRMAN HENNING: Commissioner Coletta, it's his district, so -- COMMISSIONER COLETTA: I appreciate that, and I can see no threat to the public well-being by this going forward with a temporary permit. Based upon what Nick Casalanguida has offered, I'd make a motion for approval, COMMISSIONER FIALA: Second. CHAIRMAN HENNING: And that is for Sunday service? COMMISSIONER COLETTA: Right, with the deputy out there and whatever else Nick has put on-- CHAIRMAN HENNING: Proportional-- COMMISSIONER COLETTA: Share of the -- CHAIRMAN HENNING: -- share of the turn lane payments. MR. CASALANGUIDA: Yes, sir. I have a bill, and I can provide them a bill and their percentage would be paid. CHAIRMAN HENNING: You don't need any bonding? MR. CASALANGUIDA: It's a very limited amount, no, sir. I think the final CO would be the holdback. They could not get their final CO if they didn't pay the bill. Page 134 May 27,2008 CHAIRMAN HENNING: Okay. So there's a motion by Commissioner Coletta, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor ofthe motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MR. PIRES: Thank you all very kindly, and thanks for allowing me the opportunity today, and Mr. Casalanguida, thank you. MR. CASALANGUIDA: Thank you. CHAIRMAN HENNING: Don't go away yet. COMMISSIONER FIALA: I just wanted to make a comment. Tony, wasn't this the place that we had voted to build affordable housing in Bucks Run, and then the neighbors gave it so much of a fight, they took it all the way to the highest courts, and finally, the developer who had to pay so much money to try and build his affordable housing threw in the towel and said, never mind. I can't do it anymore? MR. PIRES: I wasn't present during that creation, so I couldn't answer that. COMMISSIONER FIALA: Yeah, that's what happened. CHAIRMAN HENNING: That's exactly what happened. So we won't be seeing you on Tuesday; is that correct? MR. PIRES: I might just show up just because. You won't be seeing me June 10th unless something -- CHAIRMAN HENNING: Not for this item. Page 135 May 27, 2008 MR. PIRES: No, sir. Thank you all very kindly. Appreciate it. MR. MUDD: So you are withdrawing your petition from June 10th on this particular item? MR. PIRES: Yes, sir. MR. MUDD: Okay, thank you. MR. PIRES: Yes, sir. Thank you, Commissioner Coletta and Commissioner Fiala and Commissioner Henning and Commissioner Halas. MS. FILSON: The next speaker is Richard Hamilton. He'll be followed by Marcia Cravens. MR. HAMILTON: Thank you. Good afternoon. My name is Richard Hamilton. I've been a UPS employee for over 20 years in Collier County. I come today to thank you all for your professionalism and support to the community. I respect you all as community leaders, and that's why I'm here today asking for your support and for the community support for our employees of Collier County schools. Right now, as it stands, they've already been told 250 of them, they don't have ajob by July 1st, I think it is. I think that the way things have been going, a lot of us have been following the paper, things have been done that cause a lot of concern, and I'm just here as a taxpayer and as a citizen to ask for your all's supports as the same, as taxpayers and citizens. I've already been in front of the school board and asked them to please at least do impact fees or some sort of studies to see how they can balance their budgets. They operate in different manners than some other groups do. I -- you know, as a parent and a taxpayer, I enjoy Collier County, I enjoy living here, working here. I think we all expect high standards. And I applaud you all for doing what you can to do -- to help the county in all sorts of ways, whether it be something on a referendum maybe for them to balance the budgets or other ways of Page 136 May 27,2008 doing it. But I just wanted to thank you all for your acting as a government body that is transparent in its decisions. You all are a great thing for other people to strive to do. And I thank you for your quality . And I just hope that everybody here, even just as citizens, can encourage other members of our community to do the right thing. Thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: The next-- CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, just a comment. You said a lot, but I think the -- what you were really trying to get to is the fact that you're concerned over the allocating of the jobs for the custodian jobs to outside sources? MR. HAMILTON: Correct. Without an impact study being done. If people lose jobs, then I see it as an impact to our social services in the county, whether it be the hospital or other social services. Granted, people may get jobs, but nobody went to work for a county entity looking to get rich. They went for it for the retirement systems and other things. COMMISSIONER COLETTA: And I sympathize with what's going on. I realize that it's the school board's domain. That they're elected officials -- MR. HAMILTON: Correct. COMMISSIONER COLETTA: -- with a responsibility. However, with that said, I find it very perplexing at a point in time when we have so much hardship out there how, in some cases, government continues to breed more hardship for their citizens by such actions. You know, it's a never-ending quest that they seem to be on in order to save a dollar to be able to trash another number of people's Page 13 7 May 27,2008 lives. And I'm not too sure what this board could do, but I tell you for one, I think that the thought process that's going into this could -- deserves a little more attention and some more thought. CHAIRMAN HENNING: Anybody else? (No response.) CHAIRMAN HENNING: Okay. Thank you. MR. HAMIL TON: Thank you very much. MS. FILSON: The next speaker is Marcia Cravens. MS. CRAVENS: Hello again. Marcia Cravens. I just wanted to speak to an additional consideration regarding agenda item 9G, the resolution to amend purchasing policy to include local preference policy and procedure. It occurred to me after all that discussion that happened earlier that I respectfully have a concern that I would like brought before the commissioners, and that is that there is a potential scenario in which there could be a real rush to finalize pending potential proposed negotiations for contracts that are not yet finalized to where contracts that are currently in the works for out-of-area business firms may be expedited, and so get in under the wire, so to speak, during this two-week time frame of which this resolution will be coming back to the board. I wonder if it would be possible to request -- to respectfully request that this Board Of County Commissioners might be able to direct county staff to put those types of things on hold; in other words, pending, potential, proposed, recommended contracts to outside firms not proceed any further because you have this agenda item that you are considering that was proposed today. I don't know if that's possible, but I am requesting it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. That's exactly what I requested early, but then they said they had nothing right now in the Page 138 May 27,2008 works, so, you know. MS. CRAVENS: I believe there definitely is some discussion going on, of which I am aware, and that has to do with a firm in Tampa called PBS&J. I do know that there are some negotiating-- there's some negotiations going on regarding what potentially could be a very large-amount contract and some substantial work orders. And so I don't know where it is officially in the paperwork, but I do understand that there definitely is some negotiating and some discussion with out-of-area firms. CHAIRMAN HENNING: How about we do this, it's just -- I mean, you can't stop business. There are certain things that we must get done -- is ifthere's nothing pressing, don't open up the bids till the board does something with this preference policy. Is that reasonable? MR. MUDD: Sure. We can just not open the bids, if there's a bid that comes in between now and the 10th of June. CHAIRMAN HENNING: Unless it is something that is affecting deadlines or -- okay? MR. MUDD: Yes, sir. MS. CRAVENS: Would this cover recommendations that are already made? CHAIRMAN HENNING: Bids already opened? MR. MUDD: If it -- is it a bid that's already open or is it a contract that's already been awarded? MS. CRAVENS: A recommendation by a committee to award work to an outside firm. Would this, what you're discussing, affect that situation? MR. MUDD: What you're basically asking is -- and what I'm trying to get some clarification on, has the contract already been awarded and is this a work order on an existing contract? If it is, this conversation will have no effect upon that. If it is a new request that's going out for a request for bid on a particular project and those bids are being assembled and coming in, we will hold those bids, not open Page 139 May 27,2008 those bids until after the board makes a decision on the 10th of June and gives us some instructions upon what the effective date is of the particular resolution that they're -- that they're -- they approve. But for existing contracts that are already out there and work orders on those contracts, it will have no effect, ma'am. MS. CRAVENS: Can I ask you ifthe discussion with PBSJ (sic) that is being recommend -- there is a recommendation by the Coastal Advisory Committee for PBSJ to be awarded a contract for a master management plan for the Clam Bay situation, has that proceeded to any type of contract base? MR. MUDD: I have to take a look and see if it's -- I'm not too sure how Coastal Advisory Committee can make a recommendation on a particular firm unless there was some kind of a bid that was already out there and already been awarded and they're on a standing list as far as that contract is concerned for those kind of works. We don't go sole source based -- based on advisory boards, and that'd have to go to the Board of County Commissioners for -- CHAIRMAN HENNING: What she's saying is -- MS. CRAVENS: I attended a CAC where this was discussed. CHAIRMAN HENNING: Yeah. What I think you're saying is -- the selection committee, comprised of staff members, have made recommendation to use PBS&J? MS. CRA YENS: Yes. CHAIRMAN HENNING: So, yeah. It's already -- it's already a done deal. MR. MUDD: I think it's a standing -- I think it's a standing contract, and they want to award a work order on that standing contract, but I'll check. CHAIRMAN HENNING: Okay. MS. CRAVENS: Thank you. CHAIRMAN HENNING: Could you send us a correspondence? MR. MUDD: Yes, sir. Page 140 May 27, 2008 CHAIRMAN HENNING: Thank you. MS. CRAVENS: Thank you. COMMISSIONER HALAS: CC me on that, too. MR. MUDD: Well, I hope I got -- I hope I get an answer to this before the meeting's over. CHAIRMAN HENNING: Any more speakers? MS. FILSON: No, sir. That's your final speaker. CHAIRMAN HENNING: Nobody from the elections office? MR. MUDD: But we do have a time certain, sir. CHAIRMAN HENNING: We do have a time certain, and it's here. Item #10B RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REVIEW PROPOSALS AND SELECTION COMMITTEE RECOMMENDATION FOR APPROVAL OF THE AWARD OF RFP #08-5026, DEVELOPMENT OF THE BEMBRIDGE PLANNED UNIT DEVELOPMENT - MOTION TO CONTINUE INDEFINITEL Y - APPROVED MR. MUDD: At two o'clock, yes, sir, it is. This item to be heard -- it is 10B. This item to be heard at two p.m. It's a recommendation that the Board of County Commissioners review proposals and selection committee recommendation for approval of an award of an RFP, number 08-5026, development of the Bembridge Planned Unit Development. Ms. Marcy Krumbine, the Director of Housing and Human Services, will present. CHAIRMAN HENNING: Marcy, before you say anything, I'm not going to say -- MS. KRUMBINE:. Motion to approve? Page 141 May 27, 2008 CHAIRMAN HENNING: -- motion to approve or anything like that. I have concerns about doing anything on this item because of the housing market where we're at today. I just -- you know, I talked to Crystal, whose son's looking for a house, and he visited three houses, Crystal, in Golden Gate, under $100,000, three homes, single-family homes, and I just think it is not the best timing. And personally I want to shelve it. Commissioner Fiala? COMMISSIONER FIALA: It's interesting that you say that. I hadn't thought of going that far, but I was thinking of the same thing. We've already determined that by 2010 we're still going to be over 800 -- 800 units overbuilt, and that's with everything as is that has been approved. And so I was thinking that the project was rather overkill. I wanted to go back to the six units per acre that we had originally discussed. And I figured that instead of building multifamily or duplexes or whatever, build some single families where families would have a home rather than a condo or a garden apartment or something, but actually have a single-family home with a yard. So I was going to go back to that, but I'm willing to go with you on this. CHAIRMAN HENNING: Continue it indefinitely. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I brought up the same issue when I was talking to one of the contenders for that, and they claim it was a unique project and that it was deserving of consideration; however, I still got that same, what do you want to call it, reservation as far as what's a good idea and what isn't. I do know that we have an inventory out there that's never ending at this point in time. And if we add more to that inventory, we just exacerbate the problem. So I know that some people are going to be very disappointed with us, but as far as I'm concerned, I think it should be shelved. Page 142 May 27,2008 CHAIRMAN HENNING: Does the County Attorney have any concern about if the board makes a vote to continue this item indefinitely? MR. KLATZKOW: I have no concern. CHAIRMAN HENNING: Okay. I'm going to make that motion to continue this item indefinitely. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Halas. And now we have some public speakers? MS. FILSON: No, sir. 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: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Thank you. MR. MUDD: That was a very good presentation by Ms. Krumbine. COMMISSIONER COLETTA: It was. CHAIRMAN HENNING: She always does a good presentation. COMMISSIONER COLETTA: Better than usual. CHAIRMAN HENNING: Of course she has Frank here to help her out. Item #12A PROVIDE THE BOARD OF COUNTY COMMISSIONERS (BOARD) INFORMATION REGARDING CHANGES IN VALUE Page 143 May 27,2008 ADJUSTMENT BOARD LEGISLATION; APPOINT TWO MEMBERS OF THE V AB FROM THE MEMBERSHIP OF THE BOARD AND REQUEST DIRECTION ON THE SOLICITATION OF CITIZENS INTERESTED IN SERVING ON THE VALUE ADJUSTMENT BOARD (V AB) FOR 2008 - PUBLISH A PUBLIC NOTICE FOR 1 CITIZEN MEMBER, 1 AL TERNA TE CITIZEN - CONSENSUS; MOTION APPOINTING COMMISSIONER COYLE AND COMMISSIONER COLETTA TO THE V AB AS REGULAR MEMBERS AND THE THREE REMAINING COMMISSIONERS AS AL TERNA TES - APPROVED MR. MUDD: Commissioner, the next item is 12A, and it's to provide the Board of County Commissioners' board with information regarding changes in the Value Adjustment Board legislation to appoint two members of the V AB from the membership of the board and to prevent -- excuse me -- and to request direction on the solicitation of citizens interested in serving on the Value Adjustment Board, V AB, for 2008, and I believe Mr. -- he was saying he was going to do it. I'm sorry,. MS. CHADWELL: Okay. Yes. MR. MUDD: Ms. Ellen Chadwell, from the County Attorney's Office, will present. MS. CHADWELL: Yes. Good afternoon, members of the board. You mayor may not be aware that some new legislation was passed or is -- passed through the Senate, both houses, and is sitting on the governor's desk for signing at this point in time. It has not yet been signed. It's my understanding that it will, even without his signature, pass into law. The new legislation was attached to the agenda item. And the reason we're here on the regular agenda with this is because we're -- want to elicit some direction from you as to how you'd like to Page 144 May 27,2008 approach the election of the citizen member. The new law provides that the Board of County Commissioners will pick one of the two of citizen members that will comprise the Value Adjustment Board, and that citizen member has to be a homeowner. The only other -- within the -- Collier County. The only other restriction is that they cannot be a member of or an employee of a taxing authority and that they cannot represent property owners in any administrative or judicial proceeding relating to ad valorem taxation. Yes, Commissioner Halas? CHAIRMAN HENNING: Commissioner Halas, Commissioner Coletta. COMMISSIONER HALAS: My question is, under the state guidelines, are they requesting someone of preference dealing with their profession? MS. CHADWELL: You mean are they seeking citizens that might have a property background, something of that sort? COMMISSIONER HALAS: Yes. MS. CHADWELL: No. Those are the only guidelines the state has given you or your legislators have given you. I believe this board can impose some additional conditions or requirements in the selection process, although I would caution you from making certain that those -- any additional qualifications you might desire, that they really serve a purpose and that they're not overly broad and unduly restrictive, because the whole purpose of this is to ensure that a citizen has the opportunity to participate in this process. So -- but that being said, we have -- I believe Jennifer Belpedio from our office has worked with Ms. Filson on proposing a press release. We'd like to solicit citizen interest through the Collier County press release, that would also allow it to be televised on the public channel. And in addition, we'd like to put a public notice in the Page 145 May 27,2008 newspaper. Time is a little bit short, so we'll need to work immediately in getting those notices out and hopefully come back to you on the 10th or the 24th of June with a couple applicants, and then you can make your selection at that meeting. CHAIRMAN HENNING: Okay. Is there -- is that direction to the County Attorneys and Sue Filson to put the public notice for solicitation of -- MS. FILSON: I have one question, sir, if! might. CHAIRMAN HENNING: Yes. MS. FILSON: Originally we agreed to advertise for one citizen member and one alternate member. Is -- and I didn't -- I don't recall hearing you say alternate member. MS. CHADWELL: No. I think we're looking to have an alternate member, too, for the citizen member. CHAIRMAN HENNING: Okay. MS. CHADWELL: So we'll be soliciting two. I believe -- there's a copy of the press release there on the visualizer. So we'll come forward to you hopefully with a handful of citizens that will have interest, and you'll make a selection of one for a permanent member of the V AB and then another as an alternate. CHAIRMAN HENNING: All right. MS. CHADWELL: In addition today, I believe we need to select two members for the 2008 Value Adjustment Board. CHAIRMAN HENNING: Yeah. So is it consensus of the board that on number two, the recommendations, that we direct the County Attorney, Sue Filson, to publish a notice soliciting the applications for MS. FILSON: I believe they-- CHAIRMAN HENNING: -- a member? MS. FILSON: -- advertise a portion of the -- of this will be handled by the County Attorney's Office, since I don't have an Page 146 May 27,2008 advertising budget. MS. CHADWELL: What will be done is it will be a Value Adjustment Board expense. The clerk's office will handle the publication and they will bill it off to the Value Adjustment Board. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I'll tell you one thing that I'm going to ask about, and I don't know if there's even an answer. But I've served on this particular board, review panel, for six of the seven years that it's been going -- that I've been here. Is there a possibility that if these citizens, once they're picked, they can go through some sort of orientation exactly what it is? It would be absolutely insane to expect them to be able to perform, just get up -- come off the street, walk up here, sit down and know what the parameters are they've got to work with. Is there -- MS. CHADWELL: Well, certainly they will be advised. As a part of the legislation, I will mention that our office will no longer be representing the Value Adjustment Board because the legislation requires that you hire outside counsel. COMMISSIONER FIALA: They want us to spend extra money while they cut our taxes. MS. CHADWELL: Right. COMMISSIONER FIALA: Is that correct? MS. CHADWELL: Right. I have scheduled a meeting for Friday, this coming Friday for last year's Value Adjustment Board. I would propose, Commissioner Coletta, that the citizen member sit, at least attend as a member of the public, the organizational meeting that we're having at late July so they have an understanding of what decisions are made at that meeting, what some of the procedures are, the processes are. Certainly, you -- I propose also that you will be able to make a selection of your new attorney at that very meeting. So it may be something you want to direct them to handle some sort of -- or Page 147 May 27,2008 organize some type of workshop or seminar for that one citizen member. But as a practical matter it's -- you know, I'm willing to have a discussion with that person and explain to them what the parameters are of the Value Adjustment Board. But as you know, at that org. meeting, you may decide that this year you want to take -- allow for an appeal from the recommendations, because in past years we've just adopted or you've just adopted the special magistrate recommendations, in which case there's not a lot of work for the Value Adjustment Board to do. At this coming meeting here you may make a different decision, in which event that citizen member will be learning just as you will as far as -- COMMISSIONER COLETTA: I can tell you this is going to be the most challenging year ever for the Value Adjustment Board. MS. CHADWELL: I think you're right. COMMISSIONER FIALA: Same for the elections office. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. That's why, when we solicit for citizens, I think that it's important that we look at the background, whether they've been in the property appraising business or been an attorney that's been involved in property litigation. I really think that we need to make sure that people that solicit and come forward with putting their name, that we need to make sure that they're -- they have some kind of a spectrum of background in regards to this. MS. CHADWELL: What I would suggest then, that there's a -- COMMISSIONER HALAS: You have to get to the microphone, ma'am. MS. CHADWELL: What I would suggest then is that we modify this application ever so slightly and encourage them to identify any real estate or real property experience or knowledge that they may have. And then -- I suspect anyone who will be solicit -- or who will be applying for the position probably does have an interest inB Page 148 May 27,2008 property, but certainly you'll have that before you and you'll be able to tell -- be able to judge on your -- make your decision based on whether they have some experience relative to property or not. CHAIRMAN HENNING: What is the will of the board? MS. FILSON: You also have to make your appointment -- the commissioner's appointments. CHAIRMAN HENNING: Yeah. Well, I think -- I thought we were going to do this one at a time. Is it the board's wishes to do advertising -- give direction to give (sic) advertising for a citizen committee member and an alternate? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Yes, yes, yes? COMMISSIONER COLETTA: Yes. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Yes. Is it the -- direct the County Attorney to -- next one is? MS. CHADWELL: Publish in the Naples Daily News. CHAIRMAN HENNING: Right. COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: That's the only circulation that you can do it. And then appoint two alternate members to the V AB. MS. FILSON: No, Two BCC members. CHAIRMAN HENNING: Two BCC members, I'm sorry. COMMISSIONER FIALA: Of course, with Fred Coyle not being here, he should certainly be the first one to appoint. COMMISSIONER COLETTA: Right, I agree. MS. FILSON: And I would suggest that if you appoint two members, that you appoint the other three as alternates so that if someone can't make it, we'll have -- COMMISSIONER FIALA: Except for Fred. He has to be here. COMMISSIONER COLETTA: Yeah. And if Fred Coyle is Page 149 May 27,2008 going to step up to the plate, being the noble person he is, I can only -- I think that I should be the one to follow. COMMISSIONER FIALA: Okay. MS. FILSON: And I also took the liberty of printing out the membership for the last seven years, if you're interested in that. COMMISSIONER COLETTA: Why don't you make a motion, Commissioner Fiala? COMMISSIONER FIALA: Okay. I make a motion to appoint Commissioner Coyle and Commissioner Coletta to represent the Board of County Commissioners on the V AB. COMMISSIONER COLETTA: And the remaining three commissioners? COMMISSIONER FIALA: Will be -- the remaining three will be alternates. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Fiala. Is there a second to the motion? COMMISSIONER HALAS: There's a second, but I have a question. CHAIRMAN HENNING: Commissioner Halas seconds the motion. Commissioner Halas? COMMISSIONER HALAS: Yes. In your -- in the motion or in the discussion, are we going to make sure that we put in the application what we're looking for as far as people that are going to represent the public? CHAIRMAN HENNING: They're going to fill in the experience part of it. MS. CHADWELL: I will. I assume that is this board's direction. If you'd like me to modify the application to elicit specific knowledge and experience in the field of real property, I will do so. CHAIRMAN HENNING: Is that a part of your motion? COMMISSIONER FIALA: Yes, and also -- now, I guess it doesn't say in here, but in the ad you're going to have to say something Page 150 May 27,2008 about all ofthose that cannot apply, because there was a whole list of them back here of people that -- or certain things representing certain boards or whatever. I don't remember where I read that, but anyway -- representing certain boards and sitting on certain governmental bodies, da, da, da, da, da, da. But that will be in your newspaper ad; is that correct? MS. CHADWELL: The notice and release will state that the citizen members must own homestead within Collier County and may not be a member of or an employee of a taxing authority and may not represent other property owners in any administrative or judicial review of property taxes. It will also indicate that they need to be available for the various V AB meetings. It's very important because you don't -- in order to have a quorum, you have to have at lease one of your new citizen members. So these people will hopefully be very serious about this responsibility and obligation and show up. So those are the criteria that are set forth in the press release. I can also add, if you'd like, that specialized -- some background or experience in real property is encouraged. You know, that way we're just, you know, reminding them to draw our attention to it without making it a mandatory requirement, if you'd like. CHAIRMAN HENNING: Okay. There's a motion and a floor (sic) -- there's a motion and a second on the floor and amended. Further 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? Page 151 May 27,2008 (No response.) CHAIRMAN HENNING: Congratulations, Commissioner Coletta. MS. CHADWELL: Thank you. CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Commissioner, if we could have five minutes. Tim Durham's coming over from the Supervisor of Elections Office, and it's going to take just a couple minutes. If we could have a five-minute break, we'll -- and it's the last item. CHAIRMAN HENNING: Yeah. Let's take a break. COMMISSIONER FIALA: That mom and child look just alike back there. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Board's back in session from the recess. I think we have one item. Item #10E - Continued from earlier in the meeting RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS PLACE A SCHOOL BOARD REFERENDUM ON THE AUGUST 26, 2008 PRIMARY ELECTION BALLOT - MOTION TO CONTINUE TO THE JUNE 10, 2008 BCC MEETING FOR FURTHER DISCUSSION - APPROVED MR. MUDD: Yes, sir. Previously you had continued an item, 10E, until we could get some clarification from the Supervisor of Elections Office, and I had no expectation that we would have the Supervisor of Elections to come over here to try to answer your questions, but this is the item where it's the recommendation that the Page 152 May 27, 2008 Board of County Commissioners place the school board referendum on the January 26 primary election ballot. CHAIRMAN HENNING: Ms. Edwards? MS. EDWARDS: Good afternoon. My name is Jennifer Edwards, Supervisor of Elections. And this morning, I would say probably around noon, was the first time I saw the language that's being proposed. And so I counted the letter -- the words, and it exceeds 75 words. The law says -- and that's 101.061 -- stipulates the question for the referenda language should not exceed 75 words. So at face value, it exceeds the letter of the law. So my concern is, of course -- what it does, it raises a question for me. Is it okay to go ahead and put it on the ballot with the -- with that language, or should it be reduced? Now, I can't -- I'm not able to answer that myself at this point. So my suggestion would be that we continue this so that I can talk to the Division of Elections regarding the language or, indeed, perhaps, the school board would consider shortening the language. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think all we're doing is just -- we're to -- whether to move this forward to put it on the ballot, and I believe it's up to the school board to come up with the proper language so it fits the ballot. CHAIRMAN HENNING: Well, actually the resolution says that we agree with the school board and pass a resolution to be on the ballot, which is too long. COMMISSIONER HALAS: I understand where you're coming from, but I thought what they wanted us to do was give them the ability or give -- they wanted the commission here to move it forward to put this on the ballot, but I think it's the school board's responsibility to come up with whatever verbiage is within the law. All we're here for is to say, yes, put it on the ballot or, no, don't put it Page 153 May 27,2008 on the ballot, and the school board needs to come up with the proper language. Am I correct or not? CHAIRMAN HENNING: No. MS. EDWARDS: Well, I don't know what your understanding is from the resolution. We all want to work together. We want to get a question on the ballot working with the school board is my belief and my intent; however, because at face value it looks like the length of the question is longer than the statute specifies, I just want to raise that question because it's my responsibility to implement election law, and if that's part of the law that the question cannot exceed 75 words without getting any kind of an opinion from the Division of Elections, then I prefer not to accept it at this point. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: Yeah. One thought is that on page 2 of the resolution, which is page 4 of 5, agenda item, it says the substance of the millage referendum in the ballot title shall read, which gives a little wiggle room, I think. Perhaps, if we were to forward this, the school board could reduce it a bit. CHAIRMAN HENNING: But we're -- it's the handout we're considering. County Manager? MR. MUDD: Commissioner, my recommendation at this particular juncture to the board -- and I just asked Ms. Edwards what the cutoff is in order to get the language on the ballot for August, and the deadline is the 20th of June. MS. EDWARDS: .Correct. MR. MUDD: You have a meeting on the 10th of June. My recommendation is that we continue this item until the 10th of June, and this way Ms. Edwards can contact the folks up in her higher echelon in order to get some clarification. At the same time, we can get back with the school board and say, could you please shorten it to 75 words so that we don't have this particular dilemma. Page 154 May 27,2008 CHAIRMAN HENNING: Or we can say no to this item and send it back. You know, it's kind of disappointing that the school board had nobody here, not even a janitor, to discuss this item. COMMISSIONER COLETTA: I don't think we need to be that aggressive. I would just as soon continue it and hope that we can resolve it at the next meeting. CHAIRMAN HENNING: That's fine. I just -- I would hope that we can have a better dialogue. Okay. Is that a motion, Commissioner Coletta? COMMISSIONER COLETTA: That's a motion. CHAIRMAN HENNING: Second by Commissioner Fiala? COMMISSIONER FIALA: (Nods head.) CHAIRMAN HENNING: Discussion? (No response.) CHAIRMAN HENNING: All in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed, say aye. (No response.) CHAIRMAN HENNING: Motion carries, 4-0. MS. EDWARDS: Thank you. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Thanks for coming down. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, that completes the regular agenda that we have today, and it brings us to staff and -- staff and Page 155 May 27,2008 commissioner general communications. CHAIRMAN HENNING: And what do you have for us today? MR. MUDD: Commissioner, I'll just let you know that I had written a couple of letters and we've been going back and forth with the Florida Department of Environmental Protection as it relates to Delnor-Wiggins State Park, and we basically have asked if we could have some conversations about increasing the parking capacity in the particular park. My conversation with Secretary Sole last week -- and it was on Friday -- went something like this. Let's figure out how far -- or let's figure out what the county would like and let's figure out how far the state or what the state would like. In the conversation I basically said what the county would like is to -- we believe that the capacity in the park could have at least 500 more people go at anyone time to the beach in that particular one and not exceed the state standard of 200 square feet per person that's laying on the beach or playing in the water. And that basically equates to about 250 cars. There's no way in the present horizontal layout of their parking facility that they could get 250 extra cars. The -- I said -- I mentioned that we would be -- we, the county, would be interested if they would so like to build a garage, car garage, where we could get those 250 cars if that's exactly what the state -- if they agree with us or not. And the second piece from the county perspective was the traffic jam that's outside the entrance to Wiggins State Park on any given time, mostly on holidays and weekends, where traffic is tied up to the west and tied up to the east on that particular road, and if there's a way to try to solve that process. That was from the county perspective. And then I asked him, I said, are you guys willing to rent the park to the county for a long-term lease and the county would guarantee your profits, so to speak, on this particular property? He said no. Page 156 May 27,2008 They -- that is -- that is off the table as far as discussion is concerned from a state perspective. And I said, okay, at least we know what the bookends are. The bookends are, they're not willing to lease the park to anybody but themselves. The other issue is, he knows the county would like to get more residents to be able to use the beach, and we have a traffic congestion area that sits on Bluebill right there by the entrance. And he said that he would get with his staff and see what we could do about working up some kind of an arrangement to do so. Details to follow. It was a general conversation that we had. We sort of broke the ice. We know where the bookends are from the state perspective, what the county's desires are. And so he has responded, and I believe the board said, well, if we weren't going to get any response, then it was time to go see the lieutenant governor. I believe we're still in the negotiating side of the house, and within the next month or so we should be -- I should be able to come back to the Board of County Commissioners with some kind of arrangement and to see what the board would like in that particular -- what they think of it. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. There was an article today in today's paper. Eric Stat (phonetic) had interviewed me probably about two to three weeks ago in regards to this item that appeared in the paper today. And I was -- told him that there has been issues down there to the point where they felt that they weren't part of the community and, therefore, it was up to us to provide a sign to let people know that the park was full. It was up to the board to also come up with the necessary funding to fund sheriff deputies during the height of the weekends or holidays, and they felt that they didn't have a commitment. Page 157 May 27,2008 So I'm hoping that since you've gone up to Secretary Mike Sole on this, that we can get some pressure from up above to start pushing down below so that hopefully we can have some dialogue to increase the capacity at the state park there. CHAIRMAN HENNING: Okay. MR. MUDD: That's all I have, Mr. Chairman, Commissioners. CHAIRMAN HENNING: Oh, thank you. Mr. Ochs? MR. OCHS: No, sir, thank you. MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I have a question. Obviously there's -- and I'm glad that the County Attorney's here. I have a question in regards to, if two or -- one or -- let's say two or more commissioners happen to show up at this workshop tonight in Golden Gate Estates or Golden Gate City at the community center, is that going to pose a problem with the sunshine laws? This is an open public forum to address our concerns with the sale of Alligator Alley. MR. KLATZKOW: No, I don't think you're going to have a sunshine issue. COMMISSIONER HALAS: Okay. MR. KLA TZKOW: I wouldn't publicly comment on it, I would just sit there and listen rather than have discussions. COMMISSIONER HALAS: Well, I'm sure that -- I know, myself, I'll probably get up and say a few words of wisdom in regards to the direction that we're going as far as selling state assets off that belong to the citizens. MR. KLATZKOW: Well, if you're going to start having discussions, sir, you may run into a sunshine issue. COMMISSIONER FIALA: Well, as long as we don't ask a question, it isn't a discussion, right? I mean, if we were sitting in the audience or reading it in the paper -- Page 158 May 27,2008 MR. KLATZKOW: If you were sitting in the audience, that's fine, but once you start a discussion process, you start running into a -- COMMISSIONER COLETTA: If! may. If -- I plan to be there, too. If I get up before Commissioner Halas, then he can't speak, correct? I like that. I wish we had the same rules here. COMMISSIONER FIALA: And I planned on being there as well. COMMISSIONER HALAS: And she's going to speak, too. COMMISSIONER FIALA: I wasn't going to speak. MR. MUDD: Mr. Klatzkow, Commissioners, and -- I remember distinctly an item that happened when I was the public utilities administrator when we were having the sewer issues, and there was a meeting at CBIA. And two commissioners arrived at the meeting. They listened to the dialogue. And they basically said that they wanted to speak. When one commissioner was ready to speak, the other went outside so he was out of earshot or she was out of earshot of the particular discussion, and they basically spoke their mind. Then we reversed roles. One commissioner went out, another commissioner came out, and that commissioner had their say. And that's one way, in this particular case -- and I had the County Attorney with me at the time -- where we were able to avoid any kind of a sunshine issue. But Mr. Klatzkow is right, the minute you start discussing the issue, even if you're making a public statement, and if more commissioners are there and another one gets up and makes a statement, you're basically talking about your views on a particular item before you get on the dais, and it could raise a potential issue. MR. KLA TZKOW: My recommendation is you really don't say anything there. . COMMISSIONER FIALA: How about if we say it all here then repeat it tonight? Then we've already said it in an open meeting. Page 159 May 27,2008 COMMISSIONER COLETTA: That sounds wonderful. MR. KLATZKOW: My recommendation is that you simply listen. COMMISSIONER COLETTA: In other words, you're not going to be there to make sure we don't go astray? MR. KLATZKOW: I don't want to be witness to the prosecution. COMMISSIONER HALAS: Well, I think that this item is near and dear not only to Collier County, but to Broward County, in regards to where the state wants to go in regards to selling off assets. What my concern is is where they lease this out for a long period of time and then take the money and not have any of the money here in Collier County to address our transportation needs. As you know, we've let -- lent FDOT a large sum of money to take care of Davis Boulevard, and whether we get that money back or not is another issue. And they're saying that any reserve revenues that are made on this project, they're going to address issues in Collier County such as 951, the interchange at 951/Davis Boulevard/I-75, and then we have another interchange problem out at Everglades Boulevard and 1-75, and then, of course, there's an issue about who's going to take care of EMS and are they going to provide the facilities to build an EMS station so that we don't have to run people from Everglades City or from Golden Gate City out to accidents that take -- take place on 1-75. So there's a lot of issues here that I think need to be addressed. And I'm not sure if the citizens realize the impact when you lease this out for 55 years or 75 years, whatever they decide up there in Tallahassee. MR. KLATZKOW: Sir, one approach would be simply to choose one of you amongst yourselves to basically give what I'm trying to feel as sort of a board position on this, and then that person could say whatever they want to say and, you know, without any other Page 160 May 27,2008 commissioners being there. COMMISSIONER FIALA: Can we be there if we -- andjust listen and not comment? MR. KLATZKOW: You can be there and listen and not comment, but -- COMMISSIONER COLETTA: Here's the problem, Jeff, is I'm receiving numerous emails from constituents out there who still assume that the Collier County Commission has a say in this, a meaningful say, and they expect me to be there and voice my opinion tonight. So now I got a real problem. What do I do? Do I just keep silent or do one of us get up and speak for all and just mention the fact that because of Sunshine laws, the others ones aren't able to speak? MR. KLATZKOW: I understand what you're saying. What I'm telling you is that the best practice would be just for one of you to show up and to speak the board's position on this strongly and forcefully. Once you start getting more than two commissioners there, it starts taking on the context of a public meeting, and this item will be coming back to the board, I'm certain. COMMISSIONER FIALA: Okay. How about this? Commissioner Halas was the first one who said he wanted to speak tonight. COMMISSIONER HALAS: No, Commissioner Coletta mentioned it. COMMISSIONER FIALA: Was the first one that wanted to speak. Okay. One person say, the other commissioners really want to say something but, by law, we're forbidden to have any type of discussion because this isn't publicly -- well, it is a publicly noticed meeting, but it doesn't say that there -- COMMISSIONER COLETTA: Doesn't say the commissioners will be there. COMMISSIONER FIALA: That we're going to be there, so I'm Page 161 May 27,2008 going to speak for all of them? Can somebody do something like that? COMMISSIONER COLETTA: No. MR. KLATZKOW: One of you can speak on behalf of the board. That's clear, if that's what you want to do. COMMISSIONER HALAS: Now the other two can't show up then? MR. KLATZKOW: Well, I'm saying the best practice is if only one of you show up. We live in a very interesting community, Commissioners. COMMISSIONER COLETTA: Let me try something a little different. Commissioner Henning, are you going? CHAIRMAN HENNING: Not if you're going. COMMISSIONER COLETTA: I mean, you're the chairman of the board, unless you feel that you'd rather have somebody else do it. Maybe you'd be the person to get up there and make that statement so the rest of us don't get into trouble, and then you're saying we shouldn't even go to the meeting. COMMISSIONER FIALA: Oh, that's such a shame. COMMISSIONER COLETTA: I mean, no, whatever your advice is, I'm going to follow it. MR. KLATZKOW: My advice is only one of you go to the meeting and give the position of the board on that. That would be my advice. COMMISSIONER COLETTA: One person? MR. KLATZKOW: One person. COMMISSIONER HALAS: Better find out what the position of the board is. COMMISSIONER COLETTA: Didn't we state this at a previous meeting? COMMISSIONER HALAS: Well, an MPO meeting, but I don't Page 162 May 27, 2008 know -- we didn't state it at -- we stated it as an MPO group, but we didn't state it as the consensus of the Board of Commissioners. COMMISSIONER COLETTA: You just outlined it, and we had this particular discussion with transportation, I'm sure each and every one of us, as far as what we -- our concerns are, as far as -- we're opposed to it, and the reason we're opposed to it is a lack of funding that exists now for anything -- for state roads. It seems like we can't get enough to be able to do anything when it comes to a state road. COMMISSIONER HALAS: Well, you and I might be on the same page, but what about the other -- COMMISSIONER FIALA: I'm totally against it. I'm not just against it. I'm totally against it. COMMISSIONER COLETTA: Right. We can come up with a position right now and Commissioner Henning can represent us. COMMISSIONER HALAS: That's -- I think that's the direction we need to go. If the chair wants to be there to address this particular concern that not only affects Collier County and Broward County, but it's going to affect the whole State of Florida eventually because this is just a start. COMMISSIONER COLETTA: Okay, and that's good. That's part of the language that we need, and the rest of it would be -- and let's make sure we all agree on it, and we can go ahead and direct Commissioner Henning to do that. Mr. Norman had something to offer? COMMISSIONER HALAS: Commissioner Henning, how do you feel on this? CHAIRMAN HENNING: John? MR. NORMAN: May I? CHAIRMAN HENNING: Yeah, Mr. Norman? John Norman from -- MR. NORMAN: I'm speaking not as an employee of the State of Florida, but as a citizen of Collier County. And I keep listening to the Page 163 May 27,2008 -- all the problems that come up with this Alligator Alley thing. Consider, if you will, the fact that Broward County and Collier County can put together as good a deal as anybody. If it has to be leased, maybe Collier and Broward could go together, lease it. And if that thing made 23 million this year, and it did, according to everybody's numbers, raise the rate a dollar, and you'll have 60 million next year. You can get all the cash you need to build roads and continue to have an excess of cash after you pay the note back. Just something to consider. But that's been bugging me, and I thought, why not bring it up? Don't get mad. CHAIRMAN HENNING: Thank you, Mr. Norman. That's something that we did discuss at the MPO. We're still trying to get some answers from the County Attorney's Office. A provision within the statutes that the two -- two counties that are hosting the toll road may take it over if there is no bond debt. Once a bond debt has been paid off -- and I think there's something like a $40 million bond debt. So the idea is for the two counties to get together, pay that bond off and, you know, take the road -- the toll road over. But they're still doing research on this. The bottom line, this board is very concerned about leasing out our assets, and that's the message that needs to be sent, and also that this probably will be a discussion by the Board of Commissioners in a future meeting. And we're going to look out for the benefits of the residents and the visiting residents or motoring residents across the alley and do whatever we can to make sure that the monies be a derivative from any increase or any tolls be -- stayed here locally. COMMISSIONER COLETTA: I don't have any problem with what you just said. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I think John brought up a Page 164 May 27,2008 good point, but I think that the state is looking at this as a cash cow for them, and I don't know if they'll put us in the mix in regards to working with Broward County so that the two counties could take this over. I think the state's got an idea that this is a cash cow and this is one way to address some of their revenue shortfalls that they have with balancing the budget, and I don't believe that all this money is going to be used in addressing transportation problems throughout the State of Florida. And I think that's what the problem is. If the two counties could and if the state would let us, I'm sure that we, as the two counties, we could address a lot of concerns not only that Broward has, but what we have here in the upcoming future. But I believe that it's pretty much a done deal with the state, since they've taken all of the -- basically set forth this in motion before it was even released to the public where they wined and dined all these companies, whether they're here in the State of Florida or the United States or in foreign countries, to come here at Orlando and sit down and discuss the possibility of, hey, here's what we've got, we've got something for sale here, so that's where my concern is. CHAIRMAN HENNING: Anything else? COMMISSIONER HALAS: Nope. CHAIRMAN HENNING: That's it? Commissioner Fiala? COMMISSIONER FIALA: Okay. Yes. And, again, we say, as they continue to sell or lease away our country to foreign countries, it's just a frightening thing. And so if you're going to go represent us tonight, let people know that we all wanted to be there, but the County Attorney suggested that we should not. CHAIRMAN HENNING: Well, because of Sunshine Law. COMMISSIONER FIALA: Yeah, and certainly tell them. Now, I wanted to also say that I had something -- I was writing Page 165 May 27,2008 an article and talking about the landscaping that is now being reduced. We're only going to do one road a year for our median landscaping, and this is something we had -- we had -- well, we're just going to cut back to one road a year, and there was a schedule and we had voted on that. And I understand that even though we hadn't seen it, that schedule's been changed. And now I'm -- and I was disappointed to see that they didn't come back to us, number one, to let us know that they wanted to change that schedule and, number two, to let us know that the landscaping effort that we had voted on a few years back is now being changed without ever asking us, and that is, they were supposed to be planting roadside trees, and they've decided not to do that either, and nobody ever asked us if we wanted to change that. CHAIRMAN HENNING: That's coming in our budget. That's part of our budget. But if it's roads that the board already contracted to landscape, landscaping contracts, if they're not doing that, that is a concern. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Is that true? Or they're just changing the schedule about landscaping? COMMISSIONER FIALA: Both things, both things. Now, as to whether they have put trees on the last one that they were supposed to landscape, I can't tell you that. I just understood that it was being changed. Whether they've done that or not already, I don't know. I can tell you also that the landscaping schedule said they were supposed to do one part of Immokalee Road, then they were going to do Rattlesnake Hammock. What they're doing is, as the roads become finished -- then Rattlesn'ake Hammock, then they were going to do Vanderbilt Beach, then they were going to do another part of Immokalee Road, and then they were going to do 951 or, you know, maybe they're back and forth on that. But they said because Rattlesnake Hammock isn't finished for a Page 166 May 27, 2008 six-lane highway and it won't be for another month, they've prolonged that for another year and they're going to do two of -- two of Immokalee Road, and I thought, that isn't fair. You know, anyway -- especially because we've already voted on it. Why are they changing that around? So I just wanted to mention that, and I'm asking that maybe -- maybe they talk to us about it. CHAIRMAN HENNING: They're going to talk to us next month at our budget. It's going -- and I already -- I've asked for the information. I have the information. If you would like to see it -- I'm not happy with it either. COMMISSIONER FIALA: Okay. With the landscaping, changing of the roads as well? CHAIRMAN HENNING: Just in my district. So that's what it's going to come down to, Commissioner Fiala. COMMISSIONER FIALA: That's yours and my district. CHAIRMAN HENNING: You have a road. COMMISSIONER FIALA: Oh, that's just yours. CHAIRMAN HENNING: I have a road, you know, and it's going to be difficult. COMMISSIONER FIALA: Actually, I don't even know if! have a road because that -- I think that -- Rattlesnake Hammock, that's yours, isn't it? Is that just mine? CHAIRMAN HENNING: It's yours. COMMISSIONER FIALA: Oh, it is. Okay. I don't know. I'm sorry . CHAIRMAN HENNING: I probably have a couple trees in it. I'm sorry. I interrupted you. COMMISSIONER FIALA: But anyway -- that's all right, that's all right. I just wanted to bring that to your attention. I just -- I would like to see it go back to what we voted. CHAIRMAN HENNING: Anything else, Commissioner? Page 167 May 27,2008 COMMISSIONER FIALA: No. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. One thing, speaking of toll roads. The Expressway Authority had a meeting last week, and one of the things they're still looking at is the idea of a reversible lane down the center. And the direction of this commission is that they're opposed to toll roads. Now, there's an interesting thing that came up in that discussion, was the fact that this particular venture they're looking at -- and this would put off the need for any kind of toll roads in the future for quite a few years if you were able to build this capacity -- and I don't know how many years it would be in the future -- but the cost of it as compared to what it was, the original project, which was close to three quarters of a billion dollars or more, is only 120 million. Now, I know 120 million is nothing to sneeze at. But because of the way it's situated in the middle median and what it would require to build it is a lot less than it would be to do a lot of other projects. Tammy Hall in the discussion, she seemed to be quite interested in the thought. Maybe there's a possibility that down the road Collier County and Lee County would like to come up with something where they would like to have a joint project and do something that would not involve a toll road as far as this reversible lane goes. Nothing more on it at this point in time, but this is a thought process that I threw out one time. There wasn't objections to it, but there was a lot of, let's look at that as we get into it. CHAIRMAN HENNING: Thank you. Is there anything else? COMMISSIONER COLETTA: No. That's all I have. Thank you. CHAIRMAN HENNING: Okay. I was informed this Clam Bay study contract is going to come to the Board of County Commissioners. So it's your understanding you're going to put that off Page 168 May 27, 2008 until we get the preference? MR. MUDD: Yes, sir. What I was able to find out on PBS&J, it's a -- it was an already -- a competitively bid process, so it's a standing contract, and they're doing work orders on that particular contract. I will also tell you, it's -- this has to do with the CCNA, and that pretty much is off limits, so to speak, on the local preference issue. So I believe it's an existing contract. It isn't one that you're waiting to award at some future time. CHAIRMAN HENNING: Okay. So it won't come to the board? MR. MUDD: No, sir, unless it exceeds a certain amount, sir. CHAIRMAN HENNING: Okay. All right. Anything else? (No response.) CHAIRMAN HENNING: We only have one item, and that's a motion to adjourn. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: Motion to adjourn. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Coletta. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye, it's 3:00. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: We're adjourned. COMMISSIONER HALAS: And Commissioner Henning, I Page 169 May 27,2008 wish you well tonight at the presentation. I hope that you can get their attention. Thank you. ****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously (Commissioner Coyle absent) that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR FIDDLER'S CREEK CLUB CENTER - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A2 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER'S CREEK - PHASE 2AGC RUNWAY LANE - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MASTERS RESERVE, PHASE 2 - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A4 Page 170 May 27,2008 RESOLUTION 2008-149: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MANDALA Y WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item # 16A5 RESOLUTION 2008-150: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF ASHTON PLACE (LEL Y RESORT PUD), THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item # 16A6 RESOLUTION 2008-151: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF PRESTWICK PLACE, (LEL Y RESORT PUD). THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A7 AN ENCROACHMENT AGREEMENT FOR LOT 77, THE LODGINGS OF WYNDEMERE - IN ORDER FOR THE OWNER TO REPLACE AN EXISTING POOL ENCLOSURE AND EXISTING METAL LANAI ROOF WHICH ENCROACHES 2.0 FEET INTO A 15-FOOT DRAINAGE EASEMENT WHICH IS Page 171 May 27,2008 DEDICATED TO COLLIER COUNTY (PROPERTY OWNER IS RESPONSIBLE FOR ANY RECORDING FEES) Item # 16A8 WAIVER OF THE FORMAL COMPETITIVE THRESHOLD AND AUTHORIZES STAFF TO USE THE NAPLES DAILY NEWS FOR ALL REQUIRED LEGAL ADVERTISING EXPENDITURES. IT IS ANTICIPATED THAT THE ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT WILL EXCEED $50,000 PER YEAR Item # 16A9 DIRECTION TO THE COUNTY ATTORNEY AND THE COUNTY MANAGER (OR HIS DESIGNEE) TO ADVERTISE AN AMENDMENT TO THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, FOR CONSIDERATION AT THE NEXT AVAILABLE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS, TO REMOVE AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT IN THE USE OF FUNDS PROVISIONS IN ORDER TO MAINTAIN THE INTERNAL CONSISTENCY OF THE ORDINANCE AS RECOMMENDED BY THE COUNTY ATTORNEY Item #16AI0 RESOLUTION 2008-152: A RESOLUTION AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN THE CODE OF LAWS AND ORDINANCES, SECTION 2-11 - REPEALS COUNTY Page 172 May 27,2008 RESOLUTION 2007-357 AND IMMEDIATE EFFECTIVE DATE Item #16All RELEASE AND SA TISF ACTIONS OF LIEN FOR PAYMENTS RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT ACTIONS - AS DETAILED IN THE EXECUTIVE SUMMARY ON VARIOUS CODE ENFORCEMENT MATTERS, ACKNOWLEDGING COMPLIANCE AND RECOVERY OF FINES AND FEES Item #16A12 REQUEST BY BRIAN JONES OF ADVENTURE TRAINING CONCEPTS, LLC FOR A TEMPORARY USE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF THE LAND DEVELOPMENT CODE (LDC) FOR TWO ADDITIONAL WEEKS BEYOND THE FOURTEEN DAY TIME LIMIT ALLOWED BY THE LDC FOR A SUM TOTAL OF 28 DAYS DURING THE 2008 CALENDAR YEAR TO CONDUCT CORPORATE TRAINING EVENTS ON PROPERTY LOCATED IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT, LOCATED ON RED HAWK LANE IN SECTION 04, TOWNSHIP 47E, RANGE 27S AND TO REQUEST A FEE WAIVER FOR THE COST OF EACH TEMPORARY USE PERMIT TO ALLOW THE APPLICANT TO PAY TWO HUNDRED DOLLARS FOR ONE PERMIT THAT WOULD ENCOMPASS THE ENTIRE LENGTH OF TIME ALLOWED BY THE LDC OR AS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS (BOARD), RATHER THAN TWO HUNDRED DOLLARS PER PERMIT PER EVENT Item #16A13 Page 173 May 27,2008 TO REJECT A PROPOSED SETTLEMENT AGREEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V. DONALD E. GRAY, CEB NO. 2004-005, RELATING TO PROPERTY LOCATED AT 267 3RD STREET WEST, COLLIER COUNTY, FLORIDA - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Bl TO REJECT RFP 08-5007, "RIGHT OF WAY EASEMENT ACQUISITION SERVICES - GOLDEN GATE BOULEVARD" NO FISCAL IMPACT - RIGHT -OF -WAY DEPARTMENT TO UTILIZE ITS IN-HOUSE ACQUISITION AGENTS Item #16B2 - Moved to Item #10F Item #16B3 ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT WITH TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150.00 - W/MARINO ACUPUNCTURE FOR THE SEGMENT OF ROADWAY KNOWN AS IMMOKALEE ROAD/CR 846 (FROM STRAND BOULEVARD TO AIRPORT ROAD) Item #16B4 A BUDGET AMENDMENT TO TRANSFER FUNDS INTO THE FREEDOM PARK (AKA GORDON RIVER WATER QUALITY PARK), PROJECT NUMBER 510185, IN THE AMOUNT OF Page 174 May 27,2008 $139,040.85 - FUNDS TO BE TRANSFERRED ARE: $90,040.85 (FROM FUND 325, PROJECT #510059) AND $49,000.00 (FROM FUND 325, PROJECT #510212) Item #16B5 COLLIER METROPOLITAN PLANNING ORGANIZATIONS (MPO) OPERATING BUDGET FOR FY 2008/09, INCLUDING A $5,000 COUNTY MATCH FOR FEDERAL HIGHWAY ADMINISTRATION PLANNING (PROGRAM TOTAL OF $1.373,892) - BEGINS ON JULY 1. 2008 Item # 16B6 TO AUTHORIZE THE CHAIRMAN OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE UTILITY F ACILITIES WARRANTY DEED AND BILL OF SALE FOR SEWER FACILITIES THAT LIE WITHIN THE RIGHT-OF- WAY ON DA VIS BOULEVARD AT THE COLLIER AREA TRANSIT (CAT) FACILITY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B7 TO BRING BACK TO THE BOARD OF COUNTY COMMISSIONERS AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED (THE COLLIER COUNTY LIGHTING DISTRICT) BY AMENDING SECTION ONE, AREA ESTABLISHED, TO ADD: THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH RANGE 25 EAST AND ALL OF THE LANDS LYING WITHIN THE BOUNDARIES OF THE PLAT OF MAJESTIC PINES AS Page 175 May 27,2008 RECORDED IN PLAT BOOK 20, PAGES 55 AND 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE- TO INCLUDE THE JAEGER COMMERCIAL INDUSTRIAL CENTER AND THE MAJESTIC PINES SUBDIVISIONS Item #16Cl A LICENSE AGREEMENT WITH GULF COAST CITRUS CARETAKING, INC., FOR THE USE OF COLLIER COUNTY W A TER- SEWER DISTRICT -OWNED PROPERTY AT THE NORTHEAST WATER TREATMENT PLANT AND WATER RECLAMATION FACILITY SITE - TO PROVIDE MANAGEMENT, MAINTENANCE AND CARETAKING SERVICES AT, AND GENERATE POTENTIAL REVENUE FROM, VACANT DISTRICT LAND UNTIL SUCH TIME AS DEVELOPMENT COMMENCES Item #16C2 TO AMEND CONTRACT #07-4138 RECLAMATION OF COLLIER COUNTY LANDFILL CELLS 1 & 2 BY (A) DELETING SECTION 5.4 LIMITS ON COUNTY PAYMENTS AND (B) AMENDING SECTION 8. TERMS TO FACILITATE PAYMENTS FOR EARLIER COMPLETION AND TO SHORTEN PROJECT TERM FROM 24 MONTHS TO 16 MONTHS - WASTE MANAGEMENT INC. OF FLORIDA Item #16C3 Page 176 May 27,2008 A BUDGET AMENDMENT REALLOCATING CAPITAL PROJECT BUDGETS WITHIN THE SOLID WASTE CAPITAL PROJECTS FUND 474 IN THE AMOUNT OF $250,000 - TO TRANSFER FUNDS FROM THE NORTHEAST RECYCLE CENTER, SOLID WASTE PROJECT MANAGEMENT OVERSIGHT, AND THE LANDFILL OPERATIONS PROJECTS (ALL IN THE SOLID WASTE CAPITAL PROJECTS, FUND 474) Item # 16C4 THE COMMUNICATION OF CONCERNS FROM THE COLLIER COUNTY WATER-SEWER DISTRICT, BY LETTER, UNDER THE SIGNATURE OF THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO, THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATIVE TO THE PROPOSED REVISIONS TO FLORIDA ADMINISTRATIVE CODE CHAPTER 40E-24 (YEAR- ROUND IRRIGATION RULE) Item #16Dl A BUDGET AMENDMENT TOTALING $522,000 FROM PARKS AND RECREATION IMPACT FEE FUND 346 RESERVES TO FUND PURCHASING OF PROPERTY TO PROVIDE OFF-SITE REMOTE PARKING FOR BA YVIEW PARK PROJECT #800603 Item # 16D2 THE AFTER-THE-FACT SUBMITTAL OF THE JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM GRANT Page 177 May 27,2008 APPLICATION AND MEMORANDUM OF UNDERSTANDING IN THE AMOUNT OF $250,000 TO THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND, IF AWARDED, TO SERVE AS THE FISCAL AGENT AND TO AUTHORIZE STAFF TO NEGOTIATE A SUB- RECIPIENT AGREEMENT WITH THE COLLIER COUNTY SHERIFF'S OFFICE AND THE DAVID LAWRENCE CENTER- PROJECT HAS A TIMEFRAME OF THREE YEARS AND THE SCOPE OF THE PROPOSED WORK INCLUDES: PLANNING AND IMPLEMENTING A REFERRAL PROCESS, INCREASING COMMUNICATION AND STREAMLINING DATA COLLECTION AND PROGRAM EVALUATION TO DEMONSTRATE SUCCESSFUL INTERFACE BETWEEN THE CRIMINAL JUSTICE AND MENTAL HEALTH SYSTEMS Item #16D3 TO RECOGNIZE REVENUE RECEIVED FROM UNIVERSAL SERVICES ADMINISTRATIVE COMPANY (USAC) IN THE AMOUNT OF $48,000 AND APPROPRIATE FUNDS TO PURCHASE AND INSTALL PUBLIC COMPUTER MANAGEMENT SOFTWARE IN OUR PUBLIC LIBRARIES Item # 16D4 APPLICATION FOR A HEAL TH INFORMATION TECHNOLOGY SPECIAL CONGRESSIONAL INITIATIVE EARMARK FROM THE UNITED STATES DEPARTMENT OF HEAL TH AND HUMAN SERVICES TO DEVELOP AND IMPLEMENT A SHARED INFORMATIONAL DATABASE BETWEEN THE PORTALS OF ENTRY FOR THE POOR INTO THE HEALTH CARE ~YSTEM ($323,911) Page 178 May 27,2008 Item #16D5 AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL- AGE RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED COST OF $106,000 - FOR SUMMER CAMP PROGRAM TRANSPORTATION NEEDS Item #16E1 AMENDMENT OF CONTRACT NO. 08-5011 "ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES" WITH D.N. HIGGINS, INCORPORATED; KYLE CONSTRUCTION CORPORATION; QUALITY ENTERPRISES, INCORPORATED; MITCHELL AND STARK CORPORATION; AND HASKINS, INCORPORATED TO CHANGE WORK ORDER SIGNATURE REQUIREMENTS - DELETING LANGUAGE IN SECTION 2, STATEMENT OF WORK, REGARDING REQUIRING THE COUNTY ATTORNEY'S SIGNATURE ON WORK ORDERS BETWEEN FIFTY THOUSAND DOLLARS AND LESS THAN TWO HUNDRED THOUSAND DOLLARS Item # 16E2 AN AGREEMENT FOR SALE AND PURCHASE WITH RICHARD F. BERMAN AS TRUSTEE OF AN UNRECORDED TRUST AGREEMENT DATED JULY 27, 1998 AND KNOWN AS THE RICHARD F. BERMAN REVOCABLE TRUST OF 1998 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $22,700 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE Page 179 May 27, 2008 SWAMP PRESERVE), PROPERTY rD #39540200001 Item # 16E3 AN AGREEMENT FOR SALE AND PURCHASE WITH RICHARD F. BERMAN FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE SWAMP PRESERVE), PROPERTY ID #39490760002 Item #16E4 AN AGREEMENT FOR SALE AND PURCHASE WITH LORRAINE F. O'ROURKE, AS ANCILLARY PERSONAL REPRESENTATIVE OF THE FLORIDA ESTATE OF TERRANCE O'ROURKE, DECEASED, FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $27,820 - IN GOLDEN GATE ESTATES, UNIT 65 (WINSHESTER HEAD MUL TI-P ARCEL PROJECT), PROPERTY ID #39958280008 Item #16E5 AN AGREEMENT FOR SALE AND PURCHASE WITH VIRGINIA J. FREITAS, TRUSTEE OF THE VIRGINIA J. FREITAS REVOCABLE TRUST AGREEMENT DATED SEPTEMBER 7,2005 FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $44,400 - IN GOLDEN GATE ESTATES, UNIT 42 (HORSEPEN STRAND), PROPERTY ID #38847240008 Page 180 May 27,2008 Item # 16E6 AN AGREEMENT FOR SALE AND PURCHASE WITH KA YE HOMES, INC., A FLORIDA CORPORATION FOR 4.00 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $340,700 - IN NAPLES FARMS SITES: PROPERTY ID #61731040006, #61730960006 AND #61731000004 Item #16E7 AN AGREEMENT FOR SALE AND PURCHASE WITH VIRGINIA ANNE DEVISSE, TRUSTEE OF THE VIRGINIA ANNE DEVISSE TRUST DATED DECEMBER 22,1990 FOR 8.65 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $138,250 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE SWAMP PRESERVE), PROPERTY ID #39493880002 Item # 16E8 AN AGREEMENT FOR SALE AND PURCHASE WITH FRANK 1. CELSNAK AND MARLENE J. CELSNAK, AS TRUSTEES U/D/T (OR U/A) DATED 27 DECEMBER 1991 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - IN GOLDEN GATE ESTATES, UNIT 53 (RED MAPLE SWAMP PRESERVE), PROPERTY ID #39492360002 Item #16E9 Page 181 May 27, 2008 THE GRANTING OF AN EASEMENT FOR INGRESS AND EGRESS TO THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, AT NO ADDITIONAL COST TO THE COUNTY (SHELL ISLAND ROAD) - PROPERTY PARCEL IS LOCATED ON THE WEST SIDE OF SR 951 ADJOINING ROOKERY BAY Item #16E1O A FINAL MANAGEMENT PLAN FOR THE WET WOODS PRESERVE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Ell TO AWARD BID #08-5046 "PURCHASE AND INSTALLATION OF HURRICANE SHUTTERS ON THE MAIN GOVERNMENT COMPLEX" TO JANSEN SHUTTER AND SPECIAL TIES IN THE AMOUNT OF $105,102 - SHUTTER PROTECTION NEEDED AT THE HUMAN RESOURCES BUILDING (BLDG. B), PURCHASING BUILDING (BLDG. G), CHILLER PLANT (BLDG. K), FACILITIES MANAGEMENT (BLDG. W) AND RISK MANAGEMENT BUILDING (BLDG. D); HAZARD MITIGATION GRANT PROGRAM TO HA VE REIMBURSEMENT OF 75% BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT Item #16F1 TO RECOGNIZE AND ACCEPT A DONATION FROM ATRUS, Page 182 May 27,2008 INC., A SOLE SOURCE SUPPLIER, VALUED AT $5,000 FOR INST ALLA TION OF AED NOTIFICATION EQUIPMENT AND SOFTWARE AS WELL AS TWO YEARS OF SERVICE VALUED AT $48,000 - THE ATRUS AED LINK WILL AFFORD THE CITIZENS OF COLLIER COUNTY THE BENEFIT OF HAVING REGISTERED AED LOCATIONS AVAILABLE TO CITIZEN RESPONDERS THROUGH THE COUNTY'S DISPATCH SYSTEM, POTENTIALLY PROVIDING ASSISTANCE PRIOR TO THE ARRIVAL OF FIRST RESPONDERS AND ULTIMA TEL Y IMPROVING PATIENT OUTCOMES DUE TO EARL Y DEFIBRILLATION Item # 16F2 TO DIRECT STAFF TO ADVERTISE THE PROPOSED AMENDED BYLAWS, AS APPROVED BY THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL ON APRIL 30, 2008, AND THE PROPOSED AMENDED ORDINANCE, AMENDING ORDINANCE NO. 80-80, AS AMENDED - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16F3 A CONTRACT WITH TURBOMECA USA FOR HELICOPTER MAINTENANCE AND PART REPLACEMENT FOR AN ESTIMATED COST OF $97,000 IN FY09 - CONTRACT WILL GO INTO EFFECT UPON THE OVERHAUL OF THE ENGINES WHICH IS EXPECTED TO BE WITHIN THE NEXT TEN (10) MONTHS Item #16G 1 Page 183 May 27,2008 TO EXECUTE A SHORELINE ST ABILIZA TION GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (PROPERTY LOCATED AT: 2854 BECCA AVENUE) ($5,000) Item #16G2 TO EXECUTE A SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (PROPERTY LOCATED AT: 4260 BAYSHORE DRIVE) ($7,543.47) Item #16G3 TO EXECUTE A SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (PROPERTY LOCATED AT: 1570 SHADOWLAWN DRIVE) ($8,000) Item # 16G4 TO EXECUTE A SWEAT EQUITY GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) Page 184 May 27, 2008 WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (PROPERTY LOCATED AT: 160 JEEPERS DRIVE) ($1.000) Item #16GH1 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER FIALA ATTENDED THE MARCO ISLAND FOUNDATION FOR THE ARTS ANNUAL MEETING ON MAY 2,2008 AT THE MARCO ISLAND YACHT CLUB; $35.00 TO BE PAID FROM COMMMISSIONER FIALA'S TRAVEL BUDGET Item #16H2 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. TO ATTEND THE ZONTA CLUB OF NAPLES 35TH ANNIVERSARY DINNER ON JUNE 14,2008 AT THE NAPLES BEACH HOTEL AND GOLF CLUB, NAPLES, FL.; $60.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16I1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 185 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 27,2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of March 13, 2008. 2) Collier Countv Coastal Advisorv Committee: Minutes of April 10, 2008. 3) Collier Countv Code Enforcement Board: Minutes of March 27, 2008. 4) Collier Countv Planning Commission: Agenda of May 1,2008. 5) East of 951 Infrastructure and Services Horizon Studv Public Participation Master Plan Committee: Minutes of October 16, 2006; November 27, 2006; December 19, 2006; January 22, 2007; February 12,2007; March 19,2007; April 16, 2007; May 14, 2007; June 11, 2007; July 9, 2007; August 13, 2007; September 10, 2007; December 10, 2007; December 18, 2007; January 14,2008; February 12, 2008; February 19,2008; March 10,2008. 6) Emergencv Medical Services Advisorv Council: Minutes of March 25, 2008. 7) Environmental Advisorv Council: Agenda of May 7, 2008 Minutes of March 5-6, 2008; April 2, 2008. 8) Habitat Conservation Plan Ad Hoc Committee: Minutes of March 12,2008. 9) Haldeman Creek Maintenance Dredging Advisorv Committee: Agenda of April 10, 2008. Minutes of April 10, 2008. 10) Hispanic Affairs Advisorv Board: Minutes of March 27, 2008. l 11) Immokalee Enterprise Zone Development Agencv: Agenda of November 14, 2007; December 19,2007; January 16, 2008; February 20, 2008; March 19; 2008; April 30, 2008; Minutes of October 17,2007; October 17, 2007; November 14, 2007; December 19, 2007; January 16, 2008; February 20, 2008; March 19, 2008; a.) Immokalee Enterprise Zone Development Agencv/ Immokalee CRA Advisorv Board: Agenda of December 19, 2007. Minutes of 12) Immokalee Local Redevelopment Advisorv Board: Agenda of October 17, 2007; November 14, 2007; December 19, 2007; January 16,2008; February 20, 2008; March 19, 2008; April 30, 2008; April 3, 2008; Minutes of October 17, 2007; October 17,2007; November 14, 2007; December 19, 2007; January 16, 2008; February 20, 2008; March 19, 2008; April 3, 2008; April 3, 2008; b.) Immokalee Joint - Local Redevelopment Advisorv Board and Master Plan and Visioning Committee: Agenda of January 16, 2008; February 20, 2008; March 19; 2008; April 30, 2008; Minutes of September 26, 2008; January 16, 2008; February 20, 2008; February 20, 2008; March 19,2008; 13) Immokalee Master Plan and Visioning Committee: Agenda of October 17, 2007; November 14, 2007; December 19, 2007; Minutes of September 19, 2007; October 17, 2007; November 14, 2008; December 19, 2007; 14) Land Acquisition Advisorv Committee: Agenda of May 12, 2008. 15) Pelican Bav Services Division Board: Agenda of May 7, 2008. 16) Radio Road Beautification Advisorv Committee: Agenda of April 15, 2008. Minutes of March 18,2008. 17) Rural Lands Stewardship Area Review Committee: Minutes of April 1, 2008. B. Other: 1) Special Magistrate: Minutes of April 18, 2008. 2) Fire Code Official: Summary of Plan Review and Time Frame for April 2008. May 27,2008 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF MAY 03, 2008 THROUGH MAY 09, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF MAY 10, 2008 THROUGH MAY 16,2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1613 BUDGET AMENDMENT TRANSFERRING COURTS DIVERSION FEE REVENUES PREVIOUSL Y RECORDED, INADVERTENTLY, IN THE GENERAL FUND (001) TO THE COURT OPERATIONS FUND (681) ($488,373) -AS DETAILED IN THE EXECUTIVE SUMMARY Item #16J4 BUDGET AMENDMENTS RECOGNIZING CARRYFORWARD IN TEEN COURT FUND (171) AND TRANSFERRING FUNDS TO COURT INNOVATIONS FUND (192) IN ACCORDANCE WITH ORDINANCE 2004-42 IN THE AMOUNT OF $123,900- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16J5 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFFS OFFICE TO HAVE TRAFFIC CONTROL Page 186 May 27, 2008 JURISDICTION OVER PRIVATE ROADS WITHIN THE FOREST PARK SUBDIVISION - AS REQUESTED BY THE FOREST PARK MASTER PROPERTY OWNERS ASSOCIATION, INC. Item #16J6 CHANGE ORDER #1 TO ADD $45,000 TO CONTRACT #07- 4152, "AUDITING SERVICES FOR COLLIER COUNTY", WITH ERNST AND YOUNG LLP, AND AUTHORIZE A BUDGET AMENDMENT OF $80,000 TO COVER THE FULL AMOUNT OF THE AGREEMENT Item #16K1 THE PROPOSED JOINT MOTION FOR AN AGREED ORDER AWARDING COSTS RELATING TO PARCEL 143 IN THE COLLIER COUNTY V CHARLES R. WILSON, ET AL., CASE NO. 02-5164-CA, IMMOKALEE ROAD PROJECT #60018 (FISCAL IMPACT: $7,000.00) - FOR APPRAISAL FEES AND COSTS Item #16K2 TO RATIFY AND APPROVE A PRE-LITIGATION FEE DISPUTE AND SETTLEMENT BETWEEN COLLIER COUNTY EMERGENCY MEDICAL SERVICES AND INSIDE OUT SPORTS AND ENTERTAINMENT, LLC, IN THE AMOUNT OF $3,000.00 FOR SERVICES RENDERED IN 2006 AT THE CHAMPIONS CLUB NAPLES TENNIS TOURNAMENT Item #16K3 A MEDIA TED SETTLEMENT AGREEMENT AND A Page 187 May 27,2008 STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $200,000 FOR THE ACQUISITION OF PARCELS 112 AND 712 IN THE LAWSUIT STYLED CC V WOODMERE OWNERS ASSOCIATION, INC, ET AL., CASE NO. 06-1332-CA (COUNTY BARN ROAD PROJECT NO. 60101) (FISCAL IMPACT $123,396) - FOR ADDITIONAL COMPENSATION, EXPERT WITNESS FEES, AND STATUTORY ATTORNEYS FEES Item #16K4 - Moved to Item #12B Item # 16K5 AUTHORIZE THE COUNTY ATTORNEY'S OFFICE TO MAKE A DEMAND FOR JUDGMENT AND AN OFFER OF JUDGMENT TO METCALF & EDDY, INC., IN AN ATTEMPT TO SETTLE ONGOING LITIGATION IN THE CASE KNOWN AS COLLIER COUNTY AND COLLIER COUNTY WATER-SEWER DISTRICT V METCALF & EDDY, INC AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA - AS DETAILED IN THE EXECUTIVE SUMMARY Item #17A ORDINANCE 2008-25: AN ORDINANCE TO AMEND THE FEE PAYMENT ASSISTANCE PROGRAM TO ALLOW EXISTING COLLIER COUNTY BUSINESSES THAT ARE EXPANDING TO INCLUDE THE WAGES OF CURRENT EMPLOYEES IN ESTABLISHING THEIR ELIGIBILITY FOR THE FEE PAYMENT ASSISTANCE PROGRAM; THE ORDINANCE HAS Page 188 May 27, 2008 BEEN PREPARED IN ACCORDANCE WITH THE REQUEST BY THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY AND THE PRIOR DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS Item #17B - Moved to Item #8B Item #17C RESOLUTION 2008-153/DEVELOPMENT ORDER 2008-01: PETITION DOA-2007-AR-12651, AVE MARIA DEVELOPMENT, LLLP, REPRESENTED BY GEORGE VARNADOE, OF CHEFFY, PASSIDOMO, WILSON, AND JOHNSON, LLP, IS REQUESTING AN AMENDMENT TO THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMP ACT (DRI) DEVELOPMENT ORDER TO REFLECT AND MEMORIALIZE CHANGES IN THE FLORIDA STATUTES RELATING TO THE SALE OF AFFORDABLE HOUSING UNITS PURSUANT TO FLORIDA STATUTES, SUBSECTION 380.06(19)(E)(2)(K). THE SUBJECT PROPERTY IS LOCATED IN THE TOWN OF AVE MARIA, PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA Page 189 May 27, 2008 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:00 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CO~k TOM HENNING, Chairman ATTEST: DWIG~T;E.BROCK, CLERK These minut~ed by the Board on(f/.tv1e d4, ot>e& , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 190