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BCC Minutes 10/28/2008 R October 28, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 28, 2008 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Donna Fiala Jim Coletta Fred Coyle Frank Halas ALSO PRESENT: Jim Mudd, County Manager Jeffrey A. Klatzkow, County Attorney Sue Filson, BCC Executive Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-a~",\1111' "!/~:'l . ,. r. , ,'" )t ,,\ AGENDA October 28, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice- Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 October 28, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Mark Koch, Naples First Church of Nazarene 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. September 23, 2008 - BCC/Regular Meeting C. September 24, 2008 - BCC/LDC Meeting D. September 29, 2008 - BCC/Horizon Study Workshop E. October 7,2008 - BCC/LDC Amendments F. October 10,2008 - Value Adjustment Board Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 October 28, 2008 A. 20 Year Attendees 1) Victor Philogene, Traffic Operations 2) Kurt Jokela, Facilities Management 3) Toni Mott, Real Property Management 4) Mariam Ocheltree, CDES Operations B. 25 Year Attendees 1) Wanda Warren, Building Review and Permitting 4. PROCLAMATIONS A. Proclamation acknowledging United Way of Collier County Agency for their outstanding contributions to the community and wishing them yet another year of great success for the 2008/2009 season. To be accepted by Ernie Bretzmann, Executive Director, United Way of Collier County. B. Proclamation designating November 15, 2008 as America Recycles Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Management Department and Joe Bellone, Revenue Manager for the Utility Billing and Customer Service Department. C. Proclamation designating November, 2008 as Smart Growth Awareness Month. To be accepted by Deb Milsap, Health Promotion Co-Chairwoman, Kelly Robinson, Health Promotion Coalition Member, Sheila Sheridan, Health Promotion Coalition Member, David Buchheit, Chairman of CTST and Ross Muller, Community Traffic Safety Team Member. D. Proclamation recognizing the 300,000th Habitat House in the world! To be accepted by Rev. Lisa Lefkow and Mr. Nick Kouloheras, Habitat for Humanity of Collier County. 5. PRESENTATIONS A. This item to be heard at 9:30 a.m. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Guy Page 3 October 28, 2008 Carlton, Tax Collector. B. Contractor Presentation by Kraft Construction, Inc. on the construction status of the new Emergency Services Center. C. Presentation by Rita Greenberg, President of the Collier County Fire Chiefs Association, presenting their final report on consolidation. 6. PUBLIC PETITIONS A. Public petition request by John Barlow to discuss legislating via checkbook. B. Public petition request by Holly Daye to discuss Correct Work Order for Permit #200711 1739. C. Public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses. D. Public petition request by Jenny Mitchell to discuss property at 755 27th Street NW and the impending Vanderbilt Beach Road Extension Project. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-1320l: VI Ltd, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., is requesting a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Land Development Code Section 2.01.03.G.l.e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (CTS) 8. ADVERTISED PUBLIC HEARINGS Page 4 October 28, 2008 A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDZ-2006- AR-l0294 Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning from the Rural Agricultural zoning district (A) to the Mixed Use Planned Unit Development (MPUD) zoning district to allow development of a maximum of a 1,000 member religious facility, 150 student cumulative enrollment preschool and kindergarten through 8th grade elementary schools, 2 single-family dwelling units, and 200 assisted living units, in a project known as the Naples Church of Christ Mixed Use Planned Unit Development (MPUD). The subject property, consisting of 19.1 acres, is located on the east side of Livingston Road approximately 0.6 miles south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (CTS) B. Petition: DRICLO-2008-AR-13 181, John J. Agnelli of Power Corporation represented by Dwight Nadeau ofRW A, Inc., is requesting a close-out of the Berkshire Lakes Development of Regional Impact (DRI). The subject property has a zoning designation of Planned Unit Development (PUD) known as the Berkshire Lakes PUD, and is located at the Northwest corner of Davis Boulevard (SR-84) and Santa Barbara Boulevard, in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida. (CTS) C. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, which designates the Close-Out of fifteen (15) approved Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Water and Wastewater Authority. Page 5 October 28, 2008 B. Appointment of member to the Collier County Coastal Advisory Committee. C. Appointment of member to the Emergency Medical Services Advisory Council. D. Appointment of members to the Clam Bay Advisory Committee. E. Appointment of member to the Development Services Advisory Committee. F. Appointment of member to the Ochopee Fire Control District Advisory Committee. G. Appointment of members to the Environmental Advisory Council. H. Resolution supporting local camping businesses to compete in the bidding process with the National Park Service in Big Cypress Preserve National Park. (Companion with Item #6C: Public Petition for Kenny Brown) (Commissioner Coletta's request) I. Discussion regarding findings by Clerk of Court's Office in reference to John Barlow's public petition from the October 14,2008 BCC meeting. J. To discuss interlocal agreement between City of Naples and Clerk of Courts along with Tax Collector regarding interlocal agreement. K. This item to be heard at 11:00 a.m. Request for Board to discuss ongoing issues with Vita Tuscana. 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners consider options pertaining to remedies for past due and expiring impact fee deferrals and provide direction to the County Manager, or his designee, related to the impact fee deferral for Brittany Bay Phase I and policy direction to be applied to similar impact fee deferrals with future expirations. (Amy Patterson, Impact Fee/EDC Manager, Business Management & Budget Dept. CDES) B. Recommendation that the Board of County Commissioners approve a Locally Funded Agreement between FDOT and Collier County for Page 6 October 28, 2008 construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt Drive), a Memorandum of Agreement between those parties and the State Department of Financial Services establishing an escrow account to deposit funds related to that project, and a Resolution approving those agreements and authorizing the Chairman to execute both agreements. (Norman Feder, Transportation Services Administrator) C. Recommendation to review and approve the proposed Collier County 2009 State Legislative Priorities which then will be discussed next at a joint Board of County Commissioners and Collier County Legislative Delegation Pre- 2009 Legislative Session Workshop scheduled on November 14,2008. (Debbie Wight, Assistant to the County Manager) D. Recommendation to Reject Bid No. 08-5087 for Bridge Repair and Maintenance. (Norman Feder, Transportation Services Administrator) E. Recommendation to consider agenda topics proposed by the Marco Island City Manager on behalf of the Marco Island City Council for a joint workshop requested with the Board of County Commissioners scheduled December 4,2008. (Jim Mudd, County Manager) F. Recommendation to approve the FY 09 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1 ,445,300. (Marla Ramsey, Public Services Administrator) G. Recommendation to approve an amended and restated US4l Developers consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS). Due to the size of Exhibit I and 2, copies are available at the County Managers office. (Nick Casalanguida, Transportation Planning Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is herebv l!:iven that pursuant to Section 286.011(8), Fla. Stat., the Countv Attornev desires advice from the Board of Countv Commissioners in closed attornev- client session on TUESDAY, OCTOBER 28, 2008, at a time certain of Page 7 October 28, 2008 12:00 noon in the Commission Conference Room, 3rd Floor, W. Harmon Turner Buildinl!:, Collier Countv Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et al., Case No. 08-0066- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et a/., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Collier County Community Redevelopment Agency (CRA) to reject the Wachovia Bank Bid #07-4177 for a $9,000,000 Line of Credit; to give direction to the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a new loan from a commercial lender selected via RFP to purchase certain real property within the Bayshore Gateway Triangle CRA; and to authorize the Executive Director to negotiate real estate contracts in the CRA area and return to the CRA Board for approval. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) B. Community Redevelopment Agency FY2008 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 8 October 28, 2008 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Verona Walk Model Center Replat. 2) Recommendation to accept a settlement offer, providing for release of a code enforcement lien and dismissal of a pending appeal, in relation to the code enforcement case, Collier County v. Donald E. Gray, CEB No. 2004-005, on property located at 267 3rd Street West Collier County, Florida. 3) Recommendation to approve final acceptance of the water and sewer facilities for Fiddler's Creek, Phase 4 Unit 2. 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 5 Unit 1. 5) Recommendation to approve final acceptance of the water and sewer facility for Fiddler's Creek, Phase 4 Unit 1. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Verona Walk, Phase 3B. 7) To accept final and unconditional conveyance of the water utility facility for VeronaWalk South Entrance Water Main Extension. 8) Recommendation to approve final acceptance of the water and sewer facilities for Wildflower Way-Lely High School Boulevard. Page 9 October 28, 2008 _ .._._._.__,..""__.....___.~~.__._____~_._~_,,__'.~~_._....~~._.,.__,,>.._.."fl_"_'_'_U'__"'_'_______._"~~'__ 9) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddlers Creek Parkway Extension, Phase Three with the roadway and drainage improvements being privately maintained. 10) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Fiddlers Creek Phase Four, Unit One. The roadway and drainage improvements will be privately maintained by the Fiddlers Creek Community Development District. 11) Recommendation to approve a Settlement Agreement and Release relative to Sapphire Lakes Unit 3C. 12) Recommendation that the Board of County Commissioners provide staff direction related to a proposed assignment agreement vehicle between the County and Florida Department of Environmental Protection (FDEP) to allow for issuance of conveyance bonus credit applications specified by the Rural Fringe Mixed-Use Sub-District of the Future Land Use Element of the Growth Management Plan and Section 2.03.08 of the Land Development Code. (Naples Reserve) B. TRANSPORTATION SERVICES 1) Recommendation to approve and authorize the Transportation Services Division to assist the Collier County SO Crime Prevention Programs by providing, without reimbursement, use of the VMS to alert motorists to crime prevention measures. 2) Recommendation to approve Change Order No.2 to Professional Service Agreement No. 05-3865 in the amount of $278,420 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project No. 68056. 3) Recommendation to approve a Resolution which authorizes the Chairman of the Board of County Commissioners to enter into a Joint Project Agreement with FOOT to provide for a coordinated arterial traffic signal retiming project. ($300,000) Page 10 October 28, 2008 4) Recommendation to approve the October, 2008 Collier County Transportation Disadvantaged Service Plan Major Update. 5) Recommendation for the Board of County Commissioners to recognize the revenue received for FY09 of a Florida Department of Transportation Service Development Program Award in the amount of $95, I 75.00 and to approve a budget amendment. 6) Recommendation to approve and execute the Transportation Disadvantaged Shirley Conroy Rural Area Capital Assistance Support Grant Agreement FM#4l0656l840l for a total project cost of $66,000.00 and approve all necessary budget amendments to purchase a paratransit vehicle. 7) Recommendation for the Board of County Commissioners to recognize FY08 Federal Transit Administration Section 5311 revenue in the amount of$204,395.00; authorize the transfer of$6l,160.00 in currently budgeted grant dollars from the Transportation Disadvantaged Fund (427) to Collier Area Transit Fund (426) and approve the necessary budget amendments. 8) Recommendation for the Board of County Commissioners to approve a second amendment to the September 27,2005, Agreement (the Agreement) entered into between McDonald Transit Associates, Inc. and Collier County, which provides for consolidated management for the Collier Area Transit and Paratransit Systems, to amend the Agreement to incorporate new compensation rates for the final two years of the Agreement that were negotiated during mediation between the parties on October 7, 2008. C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992, 1993, 1994, and 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $58.50 to record the Satisfactions of Lien. Page 11 October 28, 2008 .~_<"'rn__.,_..__.,".,_n._.','_____'"'_'~__~___'~'_____""-_-"......-~--~.~._,._,<...,_.,._...._.,,~_..,..._'_..._...--..,' . .....-,. ---..--..'- --.---~.-.-.-_.-- 2) Recommendation to approve FilterOne USA as the sole source authorized Parkson Service Center in the State of Florida, as affirmed by Parkson Corporation and to approve requisition No. 10134495 in the amount of $98,795.00 to FilterOne USA, LLC, for the refurbishment of the Parkson Aqua Guard Screen at South County Water Reclamation Facility, Project #73969. 3) Recommendation to approve a Budget Amendment to the Fiscal Year 2009 Water Department Budget to correct a budgeting error. This correction increases personal services by $131,038 to fund two previously existing Water/Sewer Fund 408 positions. D. PUBLIC SERVICES 1) Recommendation to approve a sole source Agreement for Officiating Services with Collier Recreation Baseball/Softball Umpires Association (CRBSUA) for officials for adult softball games, with an anticipated Fiscal Year 2009 expenditure of $60,000. 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7 I, Trail Ridge, East Naples. 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 72, Trail Ridge, East Naples. 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 73, Trail Ridge, East Naples. 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Page 12 October 28, 2008 -~-,--,-_._-_. ,,--._~-,._-,...._- ,_.-,-,~.,...,._-_._. ,^,--~.,-",~'~.._p_~",---" Collier County impact fees for an owner-occupied affordable housing unit located at Lot 74, Trail Ridge, East Naples. 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 75, Trail Ridge, East Naples. 7) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 76, Trail Ridge, East Naples. 8) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 77, Trail Ridge, East Naples. 9) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 78, Trail Ridge, East Naples. 10) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79, Trail Ridge, East Naples. 11) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 80, Trail Ridge, East Naples. Page 13 October 28, 2008 ----'---.-- .--....--.-.--. ..~.,._"-"---_._._---""---,.._-'._---, 12) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8 I, Trail Ridge, East Naples. 13) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 82, Trail Ridge, East Naples. 14) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement Contract No. 08064 for a Recreational Boating Characterization Study to the Coastal Zone Management Department that will provide grant funds in the amount of $80,000. 15) Recommendation that the Board of County Commissioners approves and authorizes the electronic submittal of the attached Picturing America grant application to the National Endowment for the Humanities for a collection of historical reproduction posters to be placed on display in the Estates Branch Library in the amount of $0. 16) Recommendation to accept the Health Information Technology Special Congressional Initiative earmark from the United States Department of Health and Human Services in the amount of$323,9ll and approve the necessary budget amendment to recognize the revenue. 17) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 18) Recommend Approval to award Bid #08-5115 "Resurfacing of Parking Lots for Coastal Zone Management" in the total amount of Page 14 October 28, 2008 ______"_.w..._,_<___,,____._..___...____.~.~_..~..._'".____.~ $55,437.50 and award contract to BQ Concrete. 19) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $78,632.00 Housing and Urban Development (HUD) grant to The Shelter for Abused Women and Children to fund the Gentlemen Against Domestic Violence Program. 20) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $24,916.00 Housing and Urban Development (HUD) grant to the Hunger and Homeless Coalition (HHC) to support the Homeless Management Information System (HMIS). 21) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $28,000.00 State Housing Initiatives Program (SHIP) grant to The Empowerment Alliance Corporation of SW Florida (EASF), to provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median Income of Collier County. 22) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $35,000 State Housing Initiatives Program (SHIP) grant to the Collier County Housing Development Corporation (CCHDC), to provide Homebuyer Education Counseling and Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median Income of Collier County. 23) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve a budget amendment to recognize the grant revenue in the amount of $43,255.32 for the Nutrition Services Incentive Program (NSIP). 24) Recommendation to approve a budget amendment recognizing $398,238 in revenue from the pre-payment of development expenses for shared infrastructure for the construction of the Children's Page 15 October 28, 2008 Museum of Naples. 25) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant Agreement (contract no. 08079) for Bayview Park Boat Access Facility for the Coastal Zone Management Department that will provide grant funds in the amount of $400,000 and approve the necessary budget amendment. 26) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the Assumption Agreement under Contract No. 08-5019, Pires Sprinkler Alarm Test, Inspection, Maintenance and Installation from Building Systems Evaluation, Inc. dba Fire Sprinkler Systems Company dba BSE by Cintas Corporation No.2 2) Recommendation to approve an Interim Management Plan for the Winchester Head multi-parcel project under the Conservation Collier Land Acquisition Program. 3) Recommendation to approve an Agreement for Sale and Purchase with Glenda S. Beardsley 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 James A. Blake for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,600. 5) Recommendation to approve an Agreement for Sale and Purchase with Frank J. Celsnak and Marlene J. Celsnak, as Trustees of the Frank J. Celsnak & Marlene J. Celsnak Trust under Agreement dated Page 16 October 28, 2008 December, 27 1991 for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. 6) Recommendation to approve an Agreement for Sale and Purchase with Jorge Flores for 4.32 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $69,800. 7) Recommendation to approve an Agreement for Sale and Purchase with Allan Jones and Patricia Jones for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. 8) Recommendation to approve an Agreement for Sale and Purchase with Allan Jones and Patricia Jones for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $30,000. 9) Recommendation to approve an Agreement for Sale and Purchase with Warren N. Kissinger, Jr. for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. 10) Recommendation to approve an Agreement for Sale and Purchase with Migdalia Rosillo for 5.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $80,300. 11) Recommendation to approve an Agreement for Sale and Purchase with Kathleen Sheckler for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. 12) Recommendation to approve an Agreement for Sale and Purchase with Milton T. Shryock for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 13) Recommendation to approve an Agreement for Sale and Purchase with Frank G. Neri and Maria Neri for 4.48 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $71,900. 14) Recommendation to approve an Agreement for Sale and Purchase with Bethany Jackson Vondran, formerly known as Bethany A. Page 17 October 28, 2008 _......._-,~_.,_._,_._--"~....._..,"._"',-~"...."--_._-'--'_..-'- ...._~.....----,-~-~"_.,,,.,-~-~,...__.."_.._._---_.~ Jackson, Amy S. Jackson, Karen Ring, formerly known as Karen E. Teo, David P. Jackson, Katherine E. Ezis And Jenna Ezis King, formerly known as Jenna J. Ezis for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000. 15) Recommendation to approve an Agreement for Sale and Purchase with John M. Less and Larry P. Less for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 16) Recommendation to approve an Agreement for Sale and Purchase with Jorge A. Toledo for 3.49 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $56,100. 17) Recommendation to approve the Second Amendment to the Community Health Partners, Inc. Managed Care Services Agreement effective October I, 2008 to provide advocacy services to the Wellness Based Incentives Program. 18) Recommendation to waive formal competition and approve the sole source purchase of an Auger Monster System for the Naples Jail from JWC Environmental c/o Heyward Incorporated at a cost of$98,856. 19) Recommendation to approve a Letter of Agreement with Quest Diagnostics, Inc. effective January 1, 2009 to provide onsite biometric and laboratory testing services in support of the Wellness Based Incentives Program. 20) Recommendation to approve an Interim Management Plan for the Freitas Property under the Conservation Collier Land Acquisition Program. 21) Recommendation to approve an agreement with CS STARS, Inc. for the lease of Risk Management Information Systems software services in the amount of$107,060 annually. 22) Recommendation to approve an amendment of the Microsoft Enterprise Agreement to add telephony integration licensing for $72,680.76. Page 18 October 28, 2008 23) Recommendation that the Board of County Commissioners approves an Agreement to provide a maximum expenditure of One Hundred Fifty Thousand and no/1 00 dollars ($150,000.00) from the GAC Land Trust to the All Kids Play Foundation of Corkscrew Community for the purchase of equipment and materials to facilitate the construction of a Boundless Playground to be located at Big Corkscrew Elementary School and to serve the residents of Golden Gate Estates. 24) Recommendation for the Board of County Commissioners to authorize the Chairman to sign two Florida Division of Forestry (DOF) Agreements for conducting controlled burning and site preparation on the Conservation Collier Nancy Payton Preserve 25) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for fourth quarter of FY 08. F. COUNTY MANAGER 1) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for the Funding of the EMS Portion of the EMS/Fire Consolidation Study, Training and Medical/Rescue Equipment and Supplies in the amount of $1 70, I 11.00 and to approve a Budget Amendment. 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting $10 1,573 for Emergency Management Program Enhancement. 3) Recommend that the Board of County Commissioners review and approve the proposed Tourism Strategic Plan for Fiscal Year 09. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Page 19 October 28, 2008 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier CRA Board approve application for an Environmental Protection Agency (EP A) Community-Wide Brownfields Assessment Grant in the amount of $650,000 to conduct environmental assesments in economically distressed areas within the Collier County CRA boundaries; and authorize the CRA Chairman to sign a support letter as a partner in the Collier County Brownfield's Coalition. 2) Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009; approve the Grant Application process; and approve the form of the Grant Agreement. 3) To be heard immediatelv before Item #17 A Recommendation for the CRA Board to recommend the Board of Collier County Commissioners adopt an ordinance amending Ordinance No. 2002-38, as amended, The Collier County Redevelopment Grant Program Ordinance to re-establish two existing grant programs and establish two new CRA grant programs for the Bayshore Gateway Triangle CRA (Companion Item to 17 A) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Immokalee Migrant Matrix 5 on October 3, 200; $25.00 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the NAACP Freedom Fund Dinner and Awards Ceremony on October 18, 2008; $65.00 to be paid from Commissioner Coletta's travel budget. 3) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Immokalee Chamber of Commerce Breakfast August 6, Page 20 October 28, 2008 2008; $20.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the League of Women Voters Luncheon on October 20, 2008; $25.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of October 04,2008 through October 10, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of October 11,2008 through October 17,2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve a Retention Agreement for legal services on an as needed basis with the law firm of Young van Assenderp, P.A., to meet County Purchasing Policy contract update requirements. 2) Recommendation to authorize an Offer of Judgment for Parcels 123 & 823 by Collier County to property owner Rose Somogyi, Individually and as Trustee, in the lawsuit styled CC v. John J. Yaklich, et aI., Case No. 03-2259-CA (Golden Gate Parkway Project 60027) (Positive Fiscal Impact: If accepted, $57,232.65). 3) Recommendation that the Board of County Commissioners approves a Retention Agreement for legal services on an as needed basis with the law firm of Carlton Fields, P.A., to meet County Purchasing Policy contract update requirements. Page 21 October 28, 2008 4) Recommendation to approve a Second Amended Declaration of Taking and Stipulated Order of Taking and Final Judgment in the amount of$3,500.00 for Parcel 130 (to be re-designated as Parcels l30TSE and l30SW-U-SL-TSMPE) in the lawsuit styled Collier County v. Alexander G. Christou, et al., Case No. 07-4923-CA (Santa Barbara Boulevard Extension Project 60091) (Fiscal Impact $3,500.00) 5) Recommendation to approve a Stipulated Final Judgment in the amount of $32,000.00 for Parcel 151 RDUE in the lawsuit styled Collier County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well Road Project No. 60044) (Fiscal Impact $12,900.00) 6) Recommendation to approve a Stipulated Final Judgment in the amount of $238,225.00 for Parcels l20FEE, l20TDRE I, l20TDRE2, 124FEE, l24TDREI, and 1 24TDRE2 in the lawsuit styled Collier County v. Terry Walsh, et al., Case No. 07-4030-CA (Oil Well Road Project 60044) (Fiscal Impact $52,625.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation for the Board of County Commissioners to adopt an ordinance amending Ordinance No. 2002-38, as amended, The Collier County Redevelopment Grant Program Ordinance to reestablish two existing grant programs and establish two new CRA grant programs for the Bayshore Gateway Triangle CRA (Companion Item to Item #1 6G3) Page 22 October 28, 2008 B. HD-2007-AR-I 1828, The Collier County Historical and Archaeological Preservation Board, requests a Historical Designation for the existing specimen plants and trees on Lot 5 ofthe Naples Zoo, and the Caribbean Gardens Gatehouse/Gift Shop and outhouse on Lot 5, which were part of the Dr. Nehrling tropical garden located on Collier County property and leased by the Naples Zoo. The current zoning of the parcel is C-3 and "A" Rural Agricultural, consisting of 13.35 acre and is located at 1590 Goodlette Road North, Section 27, Township 49 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 23 October 28, 2008 October 28, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Good morning, everybody. Welcome to the Board of Commissioners' October 28th, 2008 regular meeting. Today's invocation will be given by Pastor Mark Koch from the Naples First Church of the Nazarene. Would you all rise for the invocation or -- the invocation, then after that we're going to have the Pledge of Allegiance. PASTOR KOCH: Let's pray. Our Heavenly Father, we thank you for the gift of life and the breath of life that you provide for us each day. It is a gorgeous day here in Southwest Florida, and we are very blessed people. We thank you that you love us, you know us by name, you care about the affairs of this government, of this city, of this county, of our nation, and of the world, We thank you that you know us in detail, and every decision we make can have eternal consequences, and so we pray you guide us that we'll be wise, we'll be very careful and faithful stewards of what you have entrusted to us, and may the words of scripture that -- may they be our guide and our compass. What does the Lord require of you to act justly, to love mercy, and to walk humbly with your God? And again, to you we give thanks. We thank you for this day and for your guidance in our lives and your love, and we want to give you all the praise. In Christ's name we pray, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager, would you walk us through today's changes -- changes for today's meeting. Item #2A Page 2 October 28, 2008 REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, BO<;lrd of County Commissioners' meeting, October 28th, 2008. Item 6C continued to the November 18th, 2008, BCC meeting. This was a public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses, and that item is being asked to be continued at the petitioner's request. The next item is to withdraw Item 6D. It's a public petition request by Jerry Mitchell, rather than Jenny Mitchell, to discuss property at 7775 27th Street Northwest and the impending Vanderbilt Beach Road extension project. That item is being withdrawn at petitioner's request. Next item is Item 8B. The following to be included in this item: This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Also, at the bottom of page 5 of the executive summary, change 71,300 to 73,100, and total from 313,349 to 315,149. Also, page 7, number 3, under review of documents, change from 71,300 to 73,100, and that clarification's at staffs request. Next item is Item 9H. It's continued to the November 18th, 2008, BCC meeting. This was a resolution supporting local camping businesses to compete in the bidding process with the National Parks Service in the Big Cypress Preserve National Park. This was a companion item to 6C, which was a public petition request by Kenny Brown, and this item is also asked to be continued until November 18th, and this item was at Commissioner Coletta's request. The next item is Item lOA. Page 3 of the executive summary, option five, second -- okay. Let's start again. Item lOA, page 3 of the executive summary, option five, second sentence should read: And Page 3 October 28, 2008 execute "an" rather than "and" amendment. On page 5 of the executive summary, second paragraph, third sentence should read, for a total of67 extra units, and on page 6 of the executive summary, the paragraph following the table should read that each of the entities request "an" rather than "and" extension, and these clarifications, comments, are at Commissioner Fiala's requests. The next item is Item lOG. It's continued to the November 18th, 2008, BCC meeting. It was a recommendation to approve an amended and restated u.s. 41 developer's consortium, developer's contribution agreement, DCA, recorded in OR Book 4303, page 2349. And this item is at -- being continued at staffs request. The next item is 17B. The following to be included in this item: This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Also the resolution has been revised updating the title to specify qualifying plants and structures, et cetera, rather than the broader certain portions of the parcel. Changes were distributed to commission members. This clarification's at staffs request. You have a series of time certain items today, Commissioners. Item 5A to be heard at 9:30. That's a presentation of a check to the Board of County Commissioners for the unused fee distributions. This item is being presented by Guy Carlton, your Tax Collector. The next time certain item is Item 8B to be heard at 2 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members, It's DRICLO-2008-AR-l3183, John Agnelli of Power Corporation represented by Dwight Nadeau of RW A, Inc., is requesting a closeout of Berkshire Lakes development regional impact, DRI. Subject property is located in the Berkshire Lakes planned unit development, PUD, in the Berkshire Commons, in Section 32 and 33, Township 49 south, Range 26 east, and Section 5, Township 50 south, Range 26 east, Collier County, Florida. Page 4 October 28, 2008 The next time certain item is Item 9K to be heard at 11 a.m. It's a request for the board to discuss ongoing issues with Vita Tuscana. The next time certain item are Items 12A and 12B. 12A to be heard at 12 noon, which is a shade session, and l2B to be heard at 1 p.m. Now, if! could get the County Attorney to interject right now as I read these, and he can give you an update on these particular items, MR. KLATZKOW: Yes. I received a telephone call from the Blockers' counsel yesterday, apprised me of certain information, as well as they forwarded me some documentation. In the exercise of caution, in light of what I learned yesterday, I'm going to put off the shade session both 12A and 12B until the following meeting, November 18th. So we'll be continuing the shade session for Blocker until the next meeting, November 18th. MR. MUDD: Okay. And just to read those particular items. 12A is, notice is hereby given that pursuant to section 286-011 (8), Florida Statutes, County Attorney desires advice from the Board of Commissioners in closed attorney-client session on Tuesday, October 28th at a time certain of 12 noon in the commission conference room, third floor, William Harmer Turner -- William Harmer -- boy, I'm having a tough time -- W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and litigation expert, Jacqueline Williams Hubbard, will be in attendance. The board, in executive session, will discuss the settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker versus Collier County, et all, case number 08-0066-CA, now pending in the 20th Judicial Circuit in and for Collier County, Florida. That is a companion item with 12B, same subject, and again, the County Attorney stated he's requesting that those two items be Page 5 October 28, 2008 continued until the ll/18/2008 BCC meeting. That's all I have, Mr. Chairman, Commissioners. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Just a question. On Item 6B, it's noted here that that's going to be continued. MS. FILSON: That was my error, ma'am. I'm sorry. I just put that on the wrong one. It should have been 6C. COMMISSIONER FIALA: Oh, okay, fine. Thank you. I'm sorry. Thank you. CHAIRMAN HENNING: Now we go to further changes by the board members and ex parte communication on today's consent and summary agenda, starting with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda, I have no ex parte disclosure for the consent agenda, but for the summary agenda I have received emails in response to Item l7B. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Good morning, Chairman. Good morning, board members. CHAIRMAN HENNING: Good morning. COMMISSIONER HALAS: I have no changes to today's agenda, and as far as ex parte on the consent agenda, I have no ex parte, and on the summary agenda, I also have no ex parte. Thank you. CHAIRMAN HENNING: Thank you. A request -- or a correspondence from myself and Mr. Barlow, under public petition 6A, he would like to hear that under 9I, I believe it is. Discussion regarding findings of the Clerk's Office reference John Barlow, public petition from October 14th. MR MUDD: Yes, sir. That is 91. CHAIRMAN HENNING: 91. Let's go ahead and do that. That's the only change I have. Page 6 October 28, 2008 Ex parte communication, I do have correspondence on 17 -- 17B. I have correspondence and emails on that one, and that's all I have. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have no further changes to the agenda, nothing to declare on the consent agenda. On the summary agenda, ever so long ago I spoke with different people about the Nehrling property, and we also heard that at a commission meeting, but nothing recently. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, Chairman Henning. I have no changes to the regular agenda, nothing on the consent agenda to report. On the summary agenda, 17B, I have -- I had a meeting in 2007 with Dr. Nehrling, and correspondence and emails. CHAIRMAN HENNING: Okay. With that, entertain a motion to approve today's -- COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- regular, consent, and summary agenda as amended. Motion by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 7 October 28, 2008 Commissioner Fiala brought to my attention, you know, one of our long-term advisory board members, that would be the Productivity Committee and the chairman of the Hispanic Board, passed away unexpectedly in the recent past, and a request of Commissioner Fiala, if we can have a moment of silence for recognizing Dr. James van Fleet, his service and his continuing life in another place. Thank you. Page 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 28. 2008 Item 6C continued to the November 18. 2008 BCC meetinq: Public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses. (Petitioner's request.) Withdraw Item 60: Public Petition request by Jerry Mitchell (rather than" Jenny" Mitchell) to discuss property at 775 27th Street NW and the impending Vanderbilt Beach Road Extension Project. (Petitioner's request.) Item 8B: The following to be included in this item: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." Also, at the bottom of page 5 of the executive summary, change 71,300 to 73,100, and total from 313,349 to 315,149. Also, page 7, #3 under Review of Documents, change from 71,300 to 73,100. (Staff's request.) Item 9H continued to the November 18. 2008 BCC meetinq: Resolution supporting local camping businesses to compete in the bidding process with the National Park Service in Big Cypress Preserve National Park. Companion with Item 6C, Public Petition Request for Kenny Brown. (Commissioner Coletta's request.) Item 10A: Page 3 of the executive summary, Option 5, second sentence should read, " . . . and execute an (rather than "and") amendment. . .." Page 5 of the executive summary, second paragraph, 3'd sentence should read, " . . . for a total of 67 "extra" units. .." Page 6 of the executive summary, the paragraph following the table should read, " . . . that each of the entities request an (rather than "and") extension. .." (Commissioner Fiala's request.) Item 10G continued to the November 18. 2008 BCC meetinq: Recommendation to approve an amended and restated US 41 Developers consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS). (Staff's request.) Item 17B: The following to be included in this item: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." Also, the Resolution has been revised updating the title to specify qualifying plants and structures, etc., rather than the broader "certain portions" of the parcel. Changes were distributed to Commission members. (Staff's request.) Time Certain Items: Item 5A to be heard at 9:30 a.m. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Guy Carlton, Tax Collector. Item 8B to be heard at 2:00 D.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRICLO-2008-AR-13181, John Agnelli of Power Corporation represented by Dwight Nadeau of RWA, Inc., is requesting a closeout of Berkshire Lakes Development Regional Impact (DRI). Subject property is located in the Berkshire Lakes Planned Unit Development (PUD) in the Berkshire Commons, in Sections 32 and 33, Township 49 South, Range 26 East and Section 5, Township 50 South, Range 26 East, Collier County, Florida. Item 9K to be heard at 11 :00 a.m. Request for the Board to discuss on-going issues with Vita Tuscana. 10/28/2008 8:49:15AM Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 2S6.011(S), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, October 2S, 200S, at a time certain of 12:00 noon in the Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et al., Case No. OS-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Jerry and Kimberlea Blocker v. Collier County, et aI., Case No. OS-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 10/28/2008 8:49: 15 AM October 28, 2008 Item #2B, #2C, #2D, #2E & #2F MINUTES OF THE SEPTEMBER 23, 2008 BCC REGULAR MEETING, SEPTEMBER 24, 2008 BCC/LDC MEETING, SEPTEMBER 29, 2008 BCC/HORIZON STUDY WORKSHOP MEETING, OCTOBER 7, 2008 BCC/LDC AMENDMENTS MEETING AND THE OCTOBER 10, 2008 VALUE ADJUSTMENT BOARD MEETING - APPROVED AS PRESENTED Entertain a motion to approve the September 23rd, 2008, BCC regular meeting; September 24th, 2008, BCC/LDC meeting; September 29th, 2008, BCC horizon study workshop; October 7, 2008, BCC/LDC amendments; and October 10th, 2008, Value Adjustment Board. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: So moved. CHAIRMAN HENNING: Motion by Commissioner Halas to approve the minutes, second by Commissioner Fiala. All in favor of that motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3A SERVICE AWARDS: 20 & 25 YEAR RECIPIENTS- PRESENTED Page 9 October 28, 2008 Now we have service awards, if the commissioners will step in front of the dais and let's recognize the long-term employees. MR. MUDD: Commissioners, it's indeed an honor to present these service awards. We have four 20-year recipients today and one 25-year recipient, and we'll start at the 20-year recipients first. The first awardee is Victor Philogene from Traffic Operations. (Applause.) COMMISSIONER FIALA: Thank you for being here this mornmg. CHAIRMAN HENNING: Thanks for your service. COMMISSIONER COYLE: Thank you for your service. CHAIRMAN HENNING: We're really moving along, aren't we. COMMISSIONER COLETTA: Thank you. COMMISSIONER HALAS: Thank you, Victor. MR. MUDD: Victor, we're going to get a picture up here in the middle, okay. (Applause.) MR. MUDD: The next 20-year recipient is Kurt Jokela from Facilities Management. (Applause,) COMMISSIONER FIALA: Thank you for all your service. CHAIRMAN HENNING: Thank you for your service. This is something for your office. COMMISSIONER COYLE: Thank you very much. COMMISSIONER COLETTA: Quite a cheering section you've got there. You've got to buy them all breakfast afterwards. MR. JOKELA: That's what they told me. COMMISSIONER HALAS: Thank you for your service. (Applause.) MR. MUDD: Our next 20-year recipient is Toni Mott from Real Property Management. Page 10 October 28, 2008 (Applause.) CHAIRMAN HENNING: Wow, this is an honor. Thank you so much for your dedicated service. COMMISSIONER COLETTA: Thank for your years of service. COMMISSIONER HALAS: Toni, congratulations. Thank you. (Applause.) MR. MUDD: The next 20-year recipient is Mariam Ocheltree from Community Development's Environmental Services Operation. (Applause.) CHAIRMAN HENNING: Congratulations. MS. OCHELTREE: Thank you very much. CHAIRMAN HENNING: Thanks for your service. MS. OCHELTREE: Thank you. COMMISSIONER COYLE: Thank you. COMMISSIONER COLETTA: Appreciate all you've done. COMMISSIONER HALAS: Congratulations, and many, many more. (Applause.) MR. MUDD: That brings us to our 25-year recipient, and that's Wanda Warren from Building Review and Permitting. (Applause.) CHAIRMAN HENNING: Good morning. Wow, boy, you've seen a lot of permits across your desk. COMMISSIONER COYLE: Congratulations. Thank you. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: The next 25 will be a lot easier. COMMISSIONER HALAS: Thank you so much. (Applause.) MR. MUDD: That's it, Commissioners. CHAIRMAN HENNING: Okay. Page 11 October 28, 2008 Item #4A PROCLAMATION ACKNOWLEDGING UNITED WAY OF COLLIER COUNTY AGENCY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY AND WISHING THEM YET ANOTHER YEAR OF GREAT SUCCESS FOR THE 2008/2009 SEASON. ACCEPTED BY ERNIE BRETZMANN, EXECUTIVE DIRECTOR, UNITED WAY OF COLLIER COUNTY - ADOPTED Commissioners, that brings us to proclamations. The first proclamation today is acknowledging the United Way of Collier County Agency for their outstanding contributions to the community and wishing them yet another year of great success for the 2008/2009 season. To be accepted by Ernie Bretzmann, Executive Director of United Way of Collier County, and I don't believe Ernie's here by himself. Bring them up. MR. BRETZMANN: No. United Way or the agencies, please come forward. COMMISSIONER HALAS: As everybody's coming up here, this is a great organization. When I was in my other realm of work years ago, I also was involved with United Way, and every year we had to make sure that the employees contributed their share, and this goes for a worthy cause in the community. Just about everybody's here. Whereas, since 1957 the United Way of Collier County has sponsored and funded qualified, nonprofit community agencies which provide essential human health services for our citizens, and, Whereas, throughout the 51-year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 32 community agencies providing services to Page 12 October 28, 2008 all areas of the county; and, Whereas, the services of the United Way of Collier County has resulted in assisting one in three citizens or 100,000 residents of Collier County each year via the utilization of the funding it provides members and agencies; and, Whereas, the Board of County Commissioners gratefully acknowledges and supports the fine work of the United Way of Collier County and its member agency. Now, therefore, be it proclaimed by the Board of Collier County Commissioners, and the United Way of Collier County Agency is formally recognized for their outstanding contributions to the community and wishes them yet another year of great success as they kick off their 2008/2009 season. Done and ordered this 28th day of October, 2008, the Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman, and Chairman, I move that we -- that we accept this proclamation. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas and second by Commissioner Coyle to move the proclamation. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye, CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye, CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Congratulation. MR. BRETZMANN: Jodi, come on up. (Applause.) Page 13 October 28, 2008 COMMISSIONER HALAS: Somebody like to take that. CHAIRMAN HENNING: Thank you. We're going to get a picture, too. Good. COMMISSIONER FIALA: Now, that's a wide lens if I ever saw one. Thank you for all you're doing for our community. MR. BRETZMANN: Good morning. I'm Ernie Bretzmann for the United Way of Collier County, and we want to express our appreciation to the board for this proclamation this morning, and also thanks so much for erecting our banner. It looks great. I think this proclamation symbolizes the collaborative working relationship between United Way of Collier County and Collier County Government. We had our campaign kickoff this year on September 27th at the North Collier Regional Park. It was our third annual Walk for the Way, and approximately l,350 people participated. It was a great turnout. And one of the highlights of the walk, of course, is the competition among teams, who can raise the most money. And those of you who have spent some time around the county complex, remember a few weeks ago the gauntlets of bake sales, hot dog sales, book sales, and all those other things. Well, a little bit here and there adds up to a lot, and I want to recognize the team that raised the most money for our Walk for the Way, it's the Collier County Government team. Melissa Blazer, are you here to accept this? (Applause.) MR. BRETZMANN: Thank you again. Jennifer Edwards is going to have to give Melissa a bigger office if she keeps winning these because you need more wall space. Thanks so much for your help and cooperation and spirit with the United Way. We appreciate it very much, and thank you, Commissioners. COMMISSIONER FIALA: Thank you. Page 14 October 28, 2008 Item #4 B PROCLAMATION DESIGNATING NOVEMBER 15,2008 AS AMERICA RECYCLES DAY IN COLLIER COUNTY. ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE MANAGEMENT DEPARTMENT AND JOE BELLONE, REVENUE MANAGER FOR THE UTILITY BILLING AND CUSTOMER SERVICE DEPARTMENT - ADOPTED MR. MUDD: Commissioners, the next proclamation is designating November 15th, 2008, America Recycles Day in Collier County, to be accepted by Dan Rodriguez, Solid Waste Management Department, and Joe Bellone, Revenue Manager for Utility Billing, and Customer Service Department, and there's probably more, right, Joe? MR. BELLONE: Yes, sir. We have Rosie today. MR. MUDD: It's an upgrade. Leo says it's an upgrade. COMMISSIONER FIALA: Now, that's what I like, a show stealer. That is so cute. I have to ask this question, do you take that out to schools and to different events and stuff? MS. WALTERS: Rosie was actually at the United Way walk. COMMISSIONER FIALA: Really. COMMISSIONER COYLE: Didn't walk very far. COMMISSIONER FIALA: Ifwe invited you to even like a civic association to give a speech, Rosie would come? MS. WALTERS: Sure, she could. I'd have to check her calendar. COMMISSIONER FIALA: Note that, everyone. Proclamation: Whereas, Collier County recognizes the importance of protecting and preserving our natural resources and works to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a Page 15 October 28, 2008 cleaner, safer, and healthier environment; and, Whereas, the National Recycling Coalition launches its 11 th annual campaign to promote the social, environmental, and economic benefits of recycling and buying recycled products on American Recycles Day, November l5th, 2008; and, Whereas, the citizens of Collier County have the opportunity to join millions of people across America in making a positive difference in reducing water and air pollution, conserving natural resources, and saving energy by recycling and buying recycled products; and, Whereas, the public utilities solid waste management and utility building and customer -- billing, I'm sorry -- and customer service departments, under the direction of the Collier County Board of County Commissioners, have worked diligently to develop a multi-faceted recycling program as a way to preserve valuable landfill space and conserve natural resources; and, Whereas, Collier County Government and the Board of County Commissioners wish to recognize and commend the citizens of Collier County for their admirable recycling efforts, their positive contribution to the preservation of valuable landfill airspace, and for their contributions to the conservation of our natural resources. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 15th, 2008, be designated as America Recycles Day in Collier County, and Collier County wishes to join the rest of America in maximizing awareness, celebration of this day. Done and ordered this 28th day of October, 2008, Board of County Commissioners, Collier County Florida, Tom Henning, Chairman. Mr. Chairman, I'd like to make a motion to approve this proclamation. CHAIRMAN HENNING: Commissioner Fiala makes a motion October 28, 2008 COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: -- second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Congratulations. (Applause.) COMMISSIONER FIALA: You guys have done wonderful work. I'm just so proud of you. Oh, yes, what a difference. And they were nice enough -- I put together a little tour, and we actually went to the recycling plant over at Pebblebrook Pines. What an amazing informational tour that was. And I just want to thank everybody for all the work that you've done for our community to make it a better place. Thank you. COMMISSIONER COLETTA: Thank you very much. COMMISSIONER HALAS: Thank you very much. CHAIRMAN HENNING: Goodjob. We have to get a picture. (Applause,) COMMISSIONER FIALA: I'm so glad. CHAIRMAN HENNING: We may have to get a shorter can next year. Item #4C PROCLAMATION DESIGNATING NOVEMBER, 2008 AS SMART GROWTH AWARENESS MONTH. ACCEPTED BY DEB Page 17 October 28, 2008 MILSAP, HEALTH PROMOTION CO-CHAIRWOMAN, KELLY ROBINSON, HEALTH PROMOTION COALITION MEMBER, SHEILA SHERIDAN, HEALTH PROMOTION COALITION MEMBER, DAVID BUCHHEIT, CHAIRMAN OF CTST AND ROSS MULLER, COMMUNITY TRAFFIC SAFETY TEAM MEMBER - ADOPTED MR. MUDD: Commissioner, the next proclamation is a proclamation designating November 28th as Smart Growth Awareness Month, to be accepted by Deb Milsap, the Health Promotion Co-Chairwoman; Kelly Robinson, the Health Promotion Coalition member; Sheila Sheridan, the Health Promotion Coalition member; David Buchheit, the Chairman of CTST; and Ross Muller, the Community Traffic Safety Team member. COMMISSIONER COYLE: Mr. Chairman, it gives me great pleasure to read this proclamation. Whereas, a lack of physical activity plays a leading role in rising rates of obesity, diabetes, and other health problems among residents of Collier County, and being able to walk or bicycle to work, school, or stores offers an opportunity to build activity into our daily routine; and, Whereas, only about one-quarter of Americans get the recommended amount of exercise, and this lack of inactivity (sic) has contributed to the obesity epidemic and is a factor in more than 200,000 deaths a year; and, Whereas, driving private vehicles contributes to traffic congestion and air pollution; and, Whereas, due to an inadequate supply of quality affordable housing located near job centers, low-income citizens are frequently faced with living in increasingly remote locations with longer commutes and higher transportation costs; and, Whereas, by directing growth to communities where people Page 18 October 28, 2008 already live and work, smart growth limits the amount of farmland and open space that is developed, makes existing communities more attractive with a mix of housing, restaurants, parks, cafes, and jobs, and minimizes the need for new water, sewer, and road infrastructure that increases taxpayer burdens; and, Whereas, Collier County will be the first county in the state to participate in Smart Growth Awareness Month; and, Whereas, the Collier County Health Promotion Coalition and the Community Traffic Safety Team have volunteered time and effort to support Smart Growth Awareness Month. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November 2008 be designated as Smart Growth Awareness Month and encourages everyone to consider the safety and health of the community today and every day. Done and ordered this 28th day of October, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. Mr. Chairman, I move that we accept this proclamation. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle to move the proclamation, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Congratulations. Page 19 October 28, 2008 (Applause.) COMMISSIONER FIALA: Deb, nice to see you again. COMMISSIONER COLETTA: Your service is very much appreciated. CHAIRMAN HENNING: You're here because you have a suit? COMMISSIONER FIALA: You have broad shoulders. You can stand between these three, MS. MILSAP: Good morning, and thank you, Commissioners. On behalf of the health promotion coalition and the Community Traffic Safety Team, we greatly appreciate your support of this month, and I'll grab that from you. Thank you. We want to invite everyone in the community, from leaders to interested citizens, to an event that we're going to host during Smart Growth Awareness Month, and that is Growing Collier Smarter, as you can see on the screen, Basically it's -- the mission of the meeting is to raise awareness about how implementing smart growth principals can help grow Collier Smarter to make Collier County a safer and healthier community for years to come. So thank you again for your support, and have a nice day. CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: Now without further ado, we're going to our time -- MR. MUDD: Time certain. Item #5A PRESENTATION OF A CHECK TO THE BOARD OF COUNTY COMMISSIONERS FOR THE UNUSED FEES DISTRIBUTION. PRESENTED BY GUY CARLTON, TAX COLLECTOR- PRESENTED A CHECK FOR $10,083,314.97 Page 20 October 28, 2008 CHAIRMAN HENNING: -- certain presentation, a very worthy presentation of a check to the Board of Commissioners for the unused fees distribution presented by our Tax Collector of Collier County, Guy Carlton. COMMISSIONER COLETTA: Can we get a drum-roll. (Applause.) MR. CARLTON: Good morning, Commissioners. For the record, I'm Guy Carlton, the Tax Collector, better known as lame duck. The first time I came before you to present any unused fees, it was $300,000. This morning we're talking big money. Stock market may have crashed, but your Tax Collector is there for you. I mean, it's such big money I'm going to have to have my compliance officer help me with the check. With tough times I know you're going to appreciate it, because everybody's budget's hurting. The check for unused fees, the board's portion, which is about 90 percent, 10 million, 883 -- $10,083,314.97. COMMISSIONER COLETTA: Let's hear it for $lO million. (Applause.) MR. MUDD: Take that check out. Grab the check. COMPLIANCE OFFICER: We are going to have a photo op. Let's stand behind the check. MR. CARL TON: I've got to stand behind it because of growth. MR. MUDD: Thank you, Guy. MR. CARL TON: When I leave, I'm going to invite you all to my little place in Argentina. It's only 50 square miles, but we call it home. (Applause.) MR. MUDD: Commissioner, we go back to proclamations. CHAIRMAN HENNING: I have a check here, and I don't would to hold it, and I think -- I think the finance director can deposit that. MR. MUDD: We'll get it downstairs. Page 21 October 28, 2008 CHAIRMAN HENNING: Do I need to endorse that? MR. MUDD: Not yet, sir. CHAIRMAN HENNING: Thank you. Item #4 D PROCLAMA nON RECOGNIZING THE 300,000TH HABITAT HOUSE IN THE WORLD! TO BE ACCEPTED BY REV. LISA LEFKOW AND MR. NICK KOULOHERAS, HABITAT FOR HUMANITY OF COLLIER COUNTY - ADOPTED Next item we're going to move to -- back to proclamations to recognize the 300th (sic) Habitat house in the world, to be accepted by Reverend Lisa Lefkow, and Mr. Nick -- MR. KOULOHERAS: Good luck; Kouloheras. CHAIRMAN HENNING: Kouloheras, for Habitat for Humanity. COMMISSIONER COLETTA: It's my honor to be able to read this proclamation. I asked it to be drafted. As we know, Mary Ann Durso passed away recently, and she's been a friend of this community, along with her husband Sam, for over 15 years, and it's an absolute honor to be able to read this today. Whereas, Habitat for Humanity of Collier County has been the main provider of single-family owner-occupied affordable housing for low-wage earners in Collier County since 1978; and, Whereas, Habitat for Humanity's mission is to eliminate poverty housing and homelessness from the face of the earth by building affordable, adequate, and basic housing; and, Whereas, in 2007, Habitat for Humanity of Collier County broke ground on its 1 ,000th home; and, Whereas, in 2008 for -- Habitat of Collier County celebrated its 30th anniversary; and, Page 22 October 28, 2008 Whereas, Habitat for Humanity will mark a major milestone on November 13th, 2008, when construction begins on the homebuilding ministry 300 -- 300,000th home in Naples, Florida; and, Whereas, 300,000 homes will be built in remembrance of Mary Ann Durso, former executive project director of Habitat for Humanity of Collier County; and, Whereas, Mary Ann Durso, along with her husband, Sam Durso, spent 15 year as full-time volunteers, built the largest annual producing Habitat for Humanity affiliate in the United States. Now, therefore, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that October 28th, 2008, be designated to honor the Dursos' leadership and celebrate the Habitat for Humanity 300,000th home to be build in Mary Ann Durso's honor for her many years of humanity and service to the community that helped more than 5,000 people find safe and affordable shelter. Done and ordered this, the 28th day of October, 2008, signed by Tom Henning, our Chairman, and I make a motion for approval. CHAIRMAN HENNING: Motion by Commissioner Coletta to move the proclamation, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. (Applause.) COMMISSIONER COYLE: Congratulations, thank you. Sam, thank you. COMMISSIONER COLETTA: Oh, we're going to need a group Page 23 October 28, 2008 picture, too. Hold that up. Would you care to say a couple words. REVEREND LEFKOW: You know we never miss that opportunity. COMMISSIONER COLETTA: I hope not. REVEREND LEFKOW: Commissioners, thank you on behalf of the staff of Habitat for Humanity, our donors, volunteers, but most importantly, on behalf of the 1,150 families who now live in simple, decent homes of their own, we're grateful for this recognition. Indeed, we're excited about the 300,000th Habitat for Humanity home in the world, and the Habitat for Humanity International has selected this site to be the home building of this milestone home, The house, indeed, will be built on November the 13th and funded and built in memory of Mary Ann Durso who worked so tirelessly to forge partnerships between individuals in our community, members of the business community, the faith community and, indeed, Collier County Government so that we might rid our community of poverty housing, that we might contribute to the stability of the workforce through homeownership opportunities for the very low income, and that we might ensure that every child has at least a simple, decent place to live. So thank you, Commissioners, for this proclamation and for your recognition and for your continued partnership as we work together. (Applause.) COMMISSIONER FIALA: Next? Item #5B CONTRACTOR PRESENTATION BY KRAFT CONSTRUCTION, INC. ON THE CONSTRUCTION STATUS OF THE NEW EMERGENCY SERVICES CENTER - PRESENTED Page 24 October 28, 2008 MR. MUDD: Commissioner, the next presentation is a contractor presentation by Kraft Construction, Inc., on the construction status of the new Emergency Service Center. MR. JONES: Good morning, Commissioners. For the record, Hank Jones, Department of Facilities Management. This morning we're just going to bring you up to date on the status of the new Emergency Service Center, and to make that presentation we have with us Mr. Pete Tuffo, Vice-president of Operations for Kraft Construction. Peter? MR. TUFFO: Thank you, Hank, and good morning, Commissioners, and thank you for the opportunity to talk about the emergency service center today. In today's presentation I'm going to take you through the past l2 months of the emergency service center. As you look up at the picture on the screen, that is actually a picture that was taken about three days ago. That is the current status of the picture (sic). The next slide is going to show our project staff. They've worked diligently, both Chris Dill, Joe Carchidi, Betty Lounds, Doug Waller, Steve Smith, Matt Rafferty, and Holly Fox have endless hours out there at the Emergency Service Center in coordinating with Skip and Hank and John and county staff to make sure that this project is moving as smoothly as it is. It's been a very successful effort to date. The slide up in front of you is now taking you back to last November, roughly a year ago. We were pouring the fourth floor, working on the structure. You can still see the tower crane; running about 130 people a day out at the project moving the structure ahead. The entire structure took roughly six months, which was a very fast-paced project and was going along very well. The next slide is December. As you can see, the structure is complete. We've poured the parking garage slabs. The second floor Page 25 October 28, 2008 interior walls are going up. We've started the mechanical, electrical, and plumbing, in-wall rough-ins. Again, taking countless hours of coordination to make sure that everything fits in the ceiling space that was gIven. In January -- this is actually one of my favorite pictures of the project. I'm not sure if it shows up very well on the screen, but you can see the cast panels off to the right-hand side of the property. That was part of the value engineering effort that saved the project roughly $1.4 million and also accelerated the completion of the project to January in lieu of April. But if you look closely on the panel that's being raised, you can see the State of Florida map, the imbed on that precast panel. I'd like to take credit and say that we planned the helicopter flying over at this time, but that is honestly purely luck, but it's a great picture and it shows the whole process that's going on. The next slide you'll see is April. And as you can see, the entire skin is on the building. Weare roughly dried in, some of the windows are still in the process of being installed, but the interior build-out, we've got metal framing going on in the walls, we have the trash shoot on the back side to keep the property enclosed and -- enclosed from the elements. And another key date on the project was the FP&L transformer be installed to give us permanent power on the project and let us move ahead. Now you go to July. You can see the text coat on the building as well as the painting. The building starts to take place. The site work is coming together. We have the curbs being installed. The interior painting is going on, and the monopole in the back, another hundred and -- what is the height of the structure -- 185- foot structure in the back. For those of you that visited the site, the concrete foundation for that structure was very impressive, Again, took a lot of coordination. I believe there was some 85 anchor bolts that had to fit exactly; went Page 26 October 28, 2008 together very well. The next picture is July. You can see the -- actually this is on the back side of the property showing the pole again, just showing the process, also showing the central energy plant up and running, as well as the generators being set. September is the -- again, this is the last aerial photos that we have for the project. October should be coming in. But, again, you see the landscape's installed, the flag poles are installed, the interior of the building is really starting to come together. The flooring -- you know, flooring is going down, painting. The building is really starting to take shape and getting ready for the occupants. That is the back side through September also. Again, just showing the progress that's been made. You can see the library up on the north side. Again, that was also a successful coordination effort between another contractor and ourselves handled through Hank and his staff. The last picture, again, just takes you to where we are today. I believe many of you have actually seen the property but are more than welcome to come back out. CHAIRMAN HENNING: Thank you. Questions? Commissioner Fiala? COMMISSIONER FIALA: Yes. I set up little tours with different parts of our government to show the community what makes us great. I say -- I try to say that humbly, but I truly mean it. Am I allowed to set up a tour before you're finished to show people how it's coming along? MR. JONES: I think we'd prefer to have -- we're so close to having the building substantially complete where the county will take possession here in January sometime. I think it would be better to wait to bring the public through till after the county has possession rather than bring it through a construction site. COMMISSIONER FIALA: Okay, fine. But we can take a -- I Page 27 October 28, 2008 haven't seen it yet. MR. JONES: You, yourself, you're welcome anytime. Any of the commissioners, obviously, are welcome anytime. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HENNING: Any other questions? Commissioner Halas? COMMISSIONER HALAS: Yeah. I've been out there a couple of times, and I'm really impressed. I think the last time I was out there was the day that they were erecting the tower there, and I'm amazed how far it had come along at that point in time. So I'm looking forward to going back out again. MR. TUFFO: Thank you. CHAIRMAN HENNING: Any further questions? (No response.) CHAIRMAN HENNING: Thank you. MR. TUFFO: Thank you. Item #5C PRESENTATION BY RITA GREENBERG, PRESIDENT OF THE COLLIER COUNTY FIRE CHIEF'S ASSOCIATION, PRESENTING THEIR FINAL REPORT ON CONSOLIDATION - BOARD DIRECTION FOR STAFF TO WORK WITH FIRE DISTRICTS AND TO DRAFT AN RFP FOR AN INDEPENDENT CONSUL T ANT TO REVIEW CONSOLIDATION - CONSENSUS MR. MUDD: The next presentation is by Rita Greenberg, president of the Collier County Fire Chiefs Association presenting their final report on consolidation. CHIEF GREENBERG: Good morning, Commissioners. On behalf of the Collier County Fire Chiefs Association, I would like to present Chief Bob Metzger with Golden Gate Fire Department. He's Page 28 October 28, 2008 been instrumental in coordinating this final draft, and I'm going to give him the honor of doing the full presentation to the board. CHIEF METZGER: And we'll get the right one up here. No. Should start with that. CHAIRMAN HENNING: Is it ESC? No. CHIEF METZGER: No. I actually have it on a zip drive here if that -- Good morning, Commissioners. Sorry for the technical stuff. For the record, my name is Bob Metzger. I'm the fire chief of the Golden Gate Fire District and I'm here representing the Collier County Fire Chiefs Association as we present our summary of the final report on the study of consolidation. The purpose of this presentation is threefold. First it's to review with you the results of this study initiative; also it's to place on the record this particular PowerPoint presentation which summarizes the final report, and then finally we're here to make our members available to answer any questions about this final report. Now, before I start, I would like to just mention a couple of things, that this report results from many long hours of work by numerous members of the Collier County Fire Chiefs Association, All 10 emergency response agencies participated in this initiative in some manner, but I'd like to give special thanks to Assistant Chief Orly Stoltz at North Naples and Deputy Chief Chris Burn at Marco for their leadership and their energy in this initiative. This is a summary presentation, This is not a substitute for the full report. The full report contains information that, frankly, it was not going to be possible to put into this, so it's important that you be familiar with the full report as well. This particular PowerPoint was presented to the Fire Service Steering Committee on August 28th of this year. You are seeing it without any revisions from that time. As a public service to the community, the Golden Gate Fire Page 29 October 28, 2008 District's Board of Fire Commissioners has placed this presentation on its web site at www.ggfire.com. And finally, my intention is to move quickly through this because there's a mess of slides, so let's just get on with it. We started this thing about a year ago studying initially the operational consolidation of the entire district. We presented to you all on February 26th of this year and we received directions to go back and finish what was then a narrow study just on operations. So we did that and went back to look at these areas: Administrative structure, organization, EMS, training, maintenance and logistics, and prevention. This slide's important, and I want to cover all four points. Currently you have fire and rescue services presented by nine entities in the county, and one countywide emergency medical service that provides advanced medical response throughout the county and transport. A small number of the fire rescue organizations implemented advanced emergency medical programs of their own recognizing needs in their own communities, and they did this to support the efforts of Collier County EMS. But those kinds of enhanced services do not exist countywide, and this turned out to be one of the key focuses of this study, The parameters of the study were essentially, use what you got, but the second item is a change from the first time that you saw this, in that in our minimum safe staffing levels, we have increased our EMS unit staffing from two to three. This is a significant change because of the capabilities that we believe it provides advanced life support throughout the county, and I'll get into that in a minute. There are five separate branches in this study and they encompass -- in the structure they encompass operations, emergency medical services, training, prevention, and administration. Each one of these branches is headed by an assistant chief who will report to the Page 30 October 28, 2008 overall fire chief of the organization. We also indicated the organization needed to be created free of oversight by the Collier County Board of Commissioners. No offense intended. We did look in an alternate approach of service and delivery since the last time you saw this. This approach requires a minimum daily staffing of l66 people versus the 164 people that we mentioned the first time through. Now, you may wonder how two additional people make a difference. Well, we reshuffled a lot of the ways that we're going to be providing fire rescue and EMS response throughout the county, and it's consistent with the second bullet, that implementation of priority medical dispatch standards will improve the efficient use of available resources. What we've done is, this plan calls for a reduction in fire engine companies from 25 to 22, a reduction of aerial trucks from seven to six, and a reduction in medic unit transport units from 25 to 2l; however, all fire engines and aerial trucks will provide advanced life support, which is going to provide paramedic care on the scene faster than waiting for a medic unit to respond. Priority medical dispatch standards and increased medic unit staffing will reduce the number of response units being dispatched to a single medical emergency. What does that means? It means that right now we send at least two units to every medical emergency. We believe that by overstaffing the medic units, there will be situations where we can staff -- or send only a medic unit, and they'll be capable of handling the situation without additional staffing or we may send simply a fire response unit to handle a less serious medical emergency. The whole key is the emergency medical dispatch concept which will pretty much overhaul how we dispatch units and how many respond to each situation. Page 3 1 October 28, 2008 Operations. Operations is responsible for all fire rescue and emergency medical service activities. That's where the rubber meets the road and they're on the streets, headed by one assistant chief who is supported by other chiefs. Between them, they manage three separate divisions. We've divided the county into halves, north and south, and that's commensurate with the current communications divisions throughout the county. We have a north division and a south division. In addition, we're adding a special ops division, which covers all of these specialties. You'll notice that it includes homeland security, urban search and rescue, disaster management, and emergency planning. Essentially, this operations section is going to provide all aspects for not only handling emergencies but for planning and preparation for all hazards, as you would expect any agency of this size to have the capability to do. This is a brief schematic of the flowchart for the operations branch. You will note that it has six fire battalion chiefs and four EMS battalion chiefs. We believe we'll need at least that many to adequately manage the field personnel. This is a staffing chart that tells you how we got to the 166 number. And you will note that currently throughout the county we operate with about 151 people on the road. We're proposing enclosing that to 166. We believe we can get there through changing how our units throughout the county are distributed and also through additional personnel that will be made available to us by the consolidation process that will result in a pushdown effect that transfers more people out of administration and onto staff -- or onto street assignments. This is the administration branch. Administration, obviously, is responsible for all the professional direction and administers fiscal and human resource programs throughout this new entity. It's going to be led by an assistant chief, also reporting to the new fire chief, and Page 32 October 28, 2008 pretty much, they do everything that administration branch does. There are three divisions within the administrative section of administration. The first one is the finance division. Finance covers all manner of fiscal responsibilities throughout the district. These are just some of the examples. These four bullet points are just some of the examples. The second division within the administrative section is the human resource division. They're responsible for all personnel services. In addition, they will have the risk management function in there as part of their responsibilities. The third division is the administrative services division itself. This is comprised of the IT services. They'll do customer relations. Public information officer will be assigned here, and they have most of the planning responsibilities for the organization. This is half of the administration -- the administration branch. This is the administrative section. There's another half that reports to the assistant chief, and this is the logistics section. The logistics section is structured into four of its own groups covering fleet, communications, facilities and supply. Fleet covers everything we operate and is responsible for repair and maintenance of all our apparatus, vehicles, watercraft, and any aircraft. The consolidation, we believe, will -- may have an issue if we do not have access to the county's repair facilities that are currently utilized for repairing all the medic units, Unless we have access to that, we do foresee an issue providing maintenance and service for the medic units themselves. Under logistics section and communications, the communications section will maintain all of the district's communication equipment and provide skilled coordination of multiple emergency incidents for the first time within the dispatch center. What that means is the communications section will have a NIMS qualified individual on staff who can assist with managing large-scale for multiple incidents Page 33 October 28, 2008 throughout the county. The facilities portion of the logistics section is responsible for all of the capital construction programs. We believe that this will be a large enough undertaking that it could allow for us to hire our own mechanical technicians for HV AC, electrical, plumbing, and so forth, rather than contracting these services out. We believe this probably will make sense and that it will see a cost savings for the overall organization. Last of the logistics section is supply. Supply will allow us to establish the centralized receiving center, providing more controlled inventory process and accountability and, frankly, just the sheer size of this new organization should provide a certain measure of economy of scale that will allow us to save additional funds for everything else that goes into the procurement and supply of an organization this size. This is a schematic of the flowchart for logistics. Pretty straightforward. The emergency medical services branch. This branch is also headed by an assistant chief, assisted by a number of other chiefs. It is responsible for the planning and coordination of the district's Emergency Medical Services programs. This does not supervise directly paramedic response in the field. The EMS administration section manages the public information, education, and relations office which coordinates the public defibrillator program, CPR and cert. programs. There's also an infection control officer assigned to this division who oversees all the exposure control programs. The organization envisions establishing the office of medical direction here underneath Emergency Medical Services branch. The district will contract with a physician who shall act as the medical director for the district. This division is responsible for maintaining medical protocol, developing medical protocol, equipment procurement, and treatment Page 34 October 28, 2008 standards. They're also responsible for quality medical control and for quality assurance standards. Now, this particular flowchart should have a dotted line between the medical director itself and the deputy chief of the office of medical direction because we do envision that the office of medical direction will interact directly with the medical director. That was an oversight on my part. Training and safety. They do everything responsible for training and maintaining the safety of our personnel. It's all educational programs involving department personnel. That's fire rescue and EMS. So we have a division chief of EMS and a division chief of fire rescue training, This is the very basic or generic flowchart for this. It's designed to be this way because we envision a number of these training officers underneath each fire rescue training and EMS training, being able to flow back and forth to address whatever the training needs might be for that particular month or that particular season. Fire prevention branch provides fire prevention inspection services throughout the county, also led by an assistant chief. Various responsibilities throughout the fire inspection -- or fire prevention branch, including the construction -- the inspection of new construction and responsibilities related to hydrant flows and building construction and so forth. They will manage a countywide fire investigations and public education program, which will be consistent throughout the county. The existing building inspection division will cover all existing buildings, and it's our hope that they will have a program that will provide for the regular inspection of all existing structures. Most importantly, the high-hazard structures. This is a brief schematic of this flowchart headed by an assistant chief of fire prevention. Page 35 October 28, 2008 Something you all wanted to now talk about is district funding; how do we pay for this thing? First of all, let's look at the assumptions. And every point on this page is important. When we did this study, we based it on data we had current, which was fiscal year 2007/2008. This has not been updated in any way in that respect. Impact fee incomes and expenditures have been excluded, except as they might relate to debt service. Weare also not including any cash reserves that districts might have. And last, the 2007 taxable property value for Collier County has been utilized as the base for ad valorem revenue computation. Again, that's something that will have to be revised. We've identified three funding mechanisms for this new response district: Ad valorem, non ad valorem funds, and fees for services. You could put in a fourth, which would be a combination of any or all three of those. We do believe that the ad valorem revenue requirements would be approximately $90 million to adequately fund this organization as it existed at the time of this study. In the process of evaluating whether or not this concept will work, we did a strategic planning assessment called a SWOT analysis. SWOT is an acronym standing for strengths, weaknesses, opportunities, and threats, just like we did the first time around. This is merely an extension of that. Under strengths, couple things I'd like to point out to you. The next slides that you see will be a summary of the strengths that are listed in the report, and these, by no means, include all the strengths that we identified in the report. But bullet points three and four, proposal provides for a standard minimum safe staffing level county-wide which will also increase service levels in a number of areas. The thrust of this and the big part of the heart of this proposal is Page 36 October 28, 2008 that there will be an improvement in service provision throughout the county. In addition, the elimination of district and political boundaries will result in a reduction of response time in a number of service areas. This plan will yield a significant improvement in response time for ALS care, and it provides for a sensible strategic planning for future station locations and the provision of service. This translates into capital savings in the long run. Additional strengths include an imposition of standardized training of all skills countywide. We don't have that now, and you'll have varying capabilities throughout the county both in fire rescue and in first response medical response. And it will result in a single advanced life support medical protocol countywide. The proposal reduces duplication of services, it reduces bureaucracy, and it provides savings in full use, capital costs, and other costs throughout the entire district. It will result in relative parity in the millage rate across the entire county, and it provides a more standard service throughout the county. In addition a countywide standard fire code interpretation and code enforcement will result, which we hope may reduce some of the confusion among builders and so forth regarding construction requirements. Now weaknesses. We've got some weaknesses in this proposal. First of all, this does not provide standard response times countywide. People who live closer to the shore, the beach, don't -- have a much better response time than people who live further east. The minimum safe staffing levels that are assured in the consolidated district, in fact, fall short of compliance with the National Fire Protection Association, standard 1710. On the other hand, nobody within the county is currently meeting those standards, so that may not be a significant issue at this point. More importantly, the funding assumptions for this districts rely heavily on ad valorem tax revenue, and we've all seen what can Page 37 October 28, 2008 happen as a result of that reliance. There are disparities in the collective bargaining agreements throughout the county that will, in some fashion, have to be reconciled. Locally, within different districts or cities, there may be a perception of a loss of control of this service within their community. And in some aspects, the service area itself raises some concerns over how we're going to provide adequate training for every employee in each of the disciplines that will be provided. Nonetheless, we believe that a consolidated district has the opportunity to explore a number of opportunities, including alternate revenue sources potential for creation of a new transport service, a basic life support transport service, or some sort of nonemergency transport service which will reduce transport demands on the current Collier EMS ALS transport units. Ifwe don't have to transport non life-threatening units or non-life-threatening medical conditions in these advanced life support units, it provides them to be available for response in other areas, Provision of a NIMS qualified supervision of all emergency dispatchers is important to us, and the creation of a district communication system is an additional opportunity we see. Finally, there is -- we would be implementing, as EMS currently has, a field training officer program throughout the county in all disciplines. Threats, or as I like to call them, challenges. There may be a lack of stakeholder acceptance of this concept for a variety of reasons. The proposed funding mechanisms may be criticized, and there may be preexisting misconceptions that consolidation must demonstrate immediate cost savings. Frankly, we're not trying to sell this on the basis of cost savings right now. We believe that cost savings will occur. But if it went into effect today, we don't believe that you would see them immediately. Without a unified method for funding this new district, it can't Page 38 October 28, 2008 move forward. The disparate millage rates across the county create problems to this initiative. And then, of course, it's further threatened by any future tax reform initiatives that could come out of the state. Areas for further study -- and I'm winding down. We have to determine the political and legal authority to consolidate. Elected civic leaders must determine whether they want their organizations to participate in this concept, and once that's determined, legal research will need to be performed. Specific funding mechanisms associated with consolidation will need to be identified, So our conclusions are that consolidation is, in fact, a worthwhile goal if its intent is to reduce or eliminate wastefulness and promote better service. Byproducts should include improving public service while providing better safety to all emergency responders. The study group believes that in the long run, tens of millions of dollars can be potentially saved primarily through the cancellation of redundant or needless pending capital projects which would be rendered unnecessary by the consolidation itself. More importantly though, there's serious value just in this concept regardless of any savings. The markedly improved service provided by a consolidated district warrants this consideration. And our conclusion is that the group believes it's necessary to retain a consultant experienced in studying the specific areas of the legal exigencies of consolidation and funding of an organization involving the merging of such diverse groups. This consultant should clearly be accountable to all of the affected participant organizations, all 10 of them. And in closing, I'd just like to say that the Collier County Fire Chiefs Association has completed this study. We're done with it. And we would like to move this forward and have some debates started regarding the merits of this and moving forward with the request for proposal for somebody to study this further. That's all I have for you. Page 39 October 28, 2008 CHAIRMAN HENNING: Questions by the board members? Commissioner Coyle? Commissioner Coletta? COMMISSIONER COYLE: Thank you very much, Chief. I think it's an excellent presentation and a good study. There are things that I feel we need to agree upon before we take the next step, which is to get a consultant to work on this. There appear to be some elements of the study that anticipate assuming responsibilities that are currently performed by other agencies, some of which are not under our control. For example, the public health agency, the infection control and analysis responsibilities. I'm concerned about how those might be overlapping here as well as other homeland security functions. I need to understand whether you're proposing that we have a consolidated homeland security activity within the consolidated fire rescue EMS organization. Are you prepared to address that issue at the present time or is that something you'd prefer to put off to further-- CHIEF METZGER: Well, I'm prepared to speak to you about the intent of some of the things that are included in this report. So to address the items that you brought up, starting with infection control, most organizations right now provide an infection control officer or at least those duties within the organization primarily as an educational component for its employees. We're not suggesting that we, in any way, usurp any responsibility or authority of the health department in the area of countywide infection control. But an organization of this size, providing emergency medical response, has to provide this service to all of its employees, and that's the intent of that. Now, in terms of emergency management disaster preparedness, how that might relate to homeland security and so forth, we're talking about a countywide emergency response organization that, with the exception of the provision of law enforcement components, we will go Page 40 October 28, 2008 to everything. This organization then will be responsible for responding in every kind of disaster situation you can imagine, and we need a planning component within that organization to be able to properly prepare for and respond to those kinds of situations. That was the intent of putting those positions within the organization. Weare not assuming that we are taking anything over beyond just providing that type of an internal service for this organization. COMMISSIONER COYLE: That process gets significantly more complex. If you take a look at emergency circumstances caused by downed trees, clogged sewer water drains, stormwater drains, who's going to clear those out? They create safety hazards. I don't anticipate that you're going to be doing that. But -- there are many, many other kinds of activities which could represent emergency response in -- under hurricane conditions as an example that I'm not sure that the fire districts are all that well equipped to handle. So I wonder if we can maybe get more specific about what the fire -- the consolidated fire district would do in that respect and how they would coordinate with other agencies. I think I could probably make an argument that if the public health service department is doing the job of reviewing the threat of infectious diseases in the community and if they are communicating that to all of the governmental agencies in Collier County and to the public, that the need of the fire district becomes one of training their own personnel, as you suggested, rather than studying the infectious disease threat to the community because that study has already been accomplished. So I guess -- these are fine-tuning things. These are not big impediments to the objectives of the study as far as I'm concerned. But the reason I'm bringing them up is because if we jointly decide to fund -- develop a consultant to review these things, I would like to Page 41 October 28, 2008 give the consultant guidance concerning these issues about what they're supposed to take a look at and what they shouldn't be taking a look at so that they're clear that we're not talking about reaching into the public health service, as an example, and pulling out their . functions and expecting to reduce personnel there unless it makes sense to do so. That's the only reason I'm raising these issues. I don't expect we'll solve them right now. CHIEF METZGER: That's well said, Commissioner. Actually, the issues that you're raising are concepts that we are not reinventing here. The -- the kind of services provided by an emergency response agency such as we're contemplating will just be fairly concomitant to what we are currently doing but on a countywide scale. No, we're not going to go in and clean out sewers or provide other kinds of response to the kinds of things that occur in major storms that we aren't currently providing now. As far as the health department is concerned, when you talk about somebody from the health department tracking and researching health hazards and then communicating those to the different districts, they have to have a contact point in each of those organizations, and that contact point then takes that information and disseminates it through its organizations, and that's really what we contemplate here. But there needs to be a planning component within this organization that communicates with and coordinates with every other entity in the county providing some measure of response in a disaster so that all those activities are coordinated and efficient. That's really what we contemplate in this structure. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you very much. Chief, I appreciate the efforts that you put forward and the -- your chiefs' association's to be commended for coming forward with a Page 42 October 28, 2008 wonderful starting document to be able to take us to the next stop. A couple of things. I just wanted to clear the air on one thing. We've heard numerous times -- not today from you -- but we've heard the issue about EMS, and people have been quoted numerous times that the reason the Collier County Commission is looking to move EMS from their side of the house to another entity is because of the cost, and that's totally incorrect, and I want to make sure that everyone understands that today. We're looking to be able to put this into the equation. We want to see a first-class service, just as we're overseeing at this point in time, continue on another entity, hopefully will be able to even offer more amenities to the public with it at a lower cost over a period of time. That's been the only objection. As far as the cost of EMS, whether we collect the taxes for it or we have other entities collect the taxes for it, that makes no difference. When EMS does move if this all comes together, and I sure hope it does, we're not going to all of a sudden take that void and start spending that money. That money is going to move from our side of the budget to whatever entity that's out there, and that just has to be made totally clear. Seven -- about six, seven years ago we originally came up with this idea and moved it forward. We wanted to make sure that if it did go forward that we'd be able to make it happen. It was never, never, never a cost factor on the part of the county. That I wanted to make clear. But I do have one thing that you brought up, and I just want to make sure, and I think I understand it. Free of oversight by the Board of Collier County Commission, and that I agree with you. The final entity that's put together, whatever it may be, how many commissioners they have, how the government authority works with it, would be free of oversight. But to -- getting to that point, you're not suggesting that as we're Page 43 October 28, 2008 moving forward through the process to put this together that the Board of Collier County Commissioners would not playa role in it? CHIEF GREENBERG: No, Commissioner. That is not the intent at all. The intent is the final product. The final district would be legislatively approved basically as an independent special district which would have representatives governing from the entire community representing all areas of the county as their governing board. COMMISSIONER COLETTA: Okay. And that would be the first entity. And the -- if all the parts of the government, all the different fire departments play into it in the original concept, Collier County would still -- government would play -- CHIEF GREENBERG: Yes. COMMISSIONER COLETTA: -- a role in it because of our fire departments that we do oversee and the EMS itself to that point in time that they elect five independent or seven independent, or whatever it may be, commissioners to run it; is that what I understand? CHIEF GREENBERG: Yes. It depends on the transitional structure and how it's set up. Each agent would have their current members or select members of their agency be representing on the independent special district, and then at a governed time it would change over and new elected officials from all agencies and areas would be appointed. COMMISSIONER COLETTA: Yeah. That's what I envisioned in the beginning, Thank you. CHAIRMAN HENNING: Commissioner -- before I give it to Commissioner Halas, I just have a couple questions. Have you -- are you prepared to introduce legislation to our delegation for the '09 session? CHIEF GREENBERG: No, sir, we are not. There is a document, it's called a shell bill, that is being worked on as we currently speak. It has not been formally adopted by the chiefs' Page 44 October 28, 2008 association or many of the respective boards. I believe North Naples Fire Department has been part of the initiation process on that shell bill, and I think that might be what you're referring to. But as this document is concerned, we have no legislative intent at this point. CHAIRMAN HENNING: For the 2009 session? CHIEF GREENBERG: Correct. CHAIRMAN HENNING: Okay. If it includes language of the medical director, I would have real concerns about that. In order for -- we definitely want to move forward, so if anybody has any idea of introducing legislation, you need to work with all the entities involved including the municipalities and the Board of County Commissioners. Would there be any consideration to -- I mean, you're talking about, you know, enhanced services, less duplicative services and so on and so forth. Is there any thought or did you think about plan review services, inspection services, building inspection services, to put it under community development? So I just would hope that you would kind of take that back and -- as long as we're doing that, that might be something to consider. Commissioner Halas and then Commissioner Coyle. COMMISSIONER HALAS: Yes. Chief, I'd like to commend you and your staff and everybody that was involved in this study. Obviously you spent a lot of time in this. And I'm only asking these questions because when I look at the ORC charts that you have, it looks to me like you're quite top heavy, and maybe my next question will help give me a comfort zone. What is the total staffing of all of the fire districts at the present time? Do you know how many personnel are there at the present time? CHIEF METZGER: Actually, I don't think we know that. That would be easy enough to find out, but standing here I can't tell you that. COMMISSIONER HALAS: Okay. What is your best guess for Page 45 October 28, 2008 the type of staffing that you would need for a consolidated fire and EMS? Do you have some idea? CHIEF METZGER: If you ask me that in about an hour I could probably come up with something for you, but it's -- honestly, those are answers that I don't have for you because we didn't anticipate the questions. What we put together was one of what could be a variety of different ways of putting an organization like this together. And we all realize there's more than one way to skin that cat. But what we intended to put together was an organization that would provide the same level of service but improve the service yet not displace anybody because we need to start getting everybody's buy-in. And I'm not certain that the organization is, in fact, top heavy. But in terms of the overall numbers of staffing throughout the county versus what we're envisioning here, we're expecting to utilize existing numbers. COMMISSIONER HALAS: Okay. What is the -- do you know what the combined budgets of all of the fire districts is at the present time? CHIEF METZGER: Well, we base the study on 2007 numbers that approximated 90 -- $90 million. COMMISSIONER HALAS: Okay. That's how you came up with the $90 million -- CHIEF METZGER: Yes, sir. COMMISSIONER HALAS: -- that you would need as a startup. With the -- you're assuming with the personnel that are presently at all seven different districts; is that correct? CHIEF METZGER: All 10. COMMISSIONER HALAS: All 10, okay. All right. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to address my remarks to how we go from here to where we would like to go, and I'd Page 46 October 28, 2008 like to start with the shell bill. The intent of the shell bill was to provide sufficient flexibility for the fire districts to make decisions as to when and how they would like to consolidate rather than to mandate consolidation for everyone at one time. That has turned out to be a difficult goal to achieve in view of state statutes, as I understand it. I've asked our County Attorney to review that bill just in the last day or so. It's -- and he has expressed some concerns that the shell bill, as it is currently written, will conflict with state statutes. So there are problems with respect to structure, how many commissioners, how you divide the area, how do voters select commissioners, and things of that nature that mayor may not have an impact on your organizational structure, your recommended organizational structure. So the point of all this is that if we want to give direction to a consultant to produce a set of very specific recommendations to all of us, then we need to make sure that we have the legal parameters defined, that we understand what we should tell the consultant about the Florida Statutes and what mayor may not be permitted. And so here's what I would propose. Could we -- could we have the people who were involved with writing the shell bill work with the County Attorney for the purpose of sorting out problems with respect to conflicts of state law, work with our legislative delegation to see if we can get those ironed out in any way, and once we have a clear understanding of how we can do it legislatively and organizationally, then ask a consultant to come in and provide us their recommendations within the parameters of those considerations? Did I confuse things or did you understand where I'm going with it? CHIEF GREENBERG: I do understand where you're going with it, Commissioner, but let me start offby saying that the Collier County Fire Chiefs Association has not had direct involvement in the shell Page 47 October 28, 2008 bill. We, too, just recently distributed it amongst our agencies. North Naples Fire District and their attorney, I believe, is where the initiative began. It was originally presented last year by Broward County, and it's kind of a spinoff and a possibility that has been moved forward by their organization. In regards to what you're saying as far as working with them, I'm sure there would be no objection to that. To that end, that is completely two separate items compared to what we are discussing with what we've done. What we have done with our study, our next step is what we feel is the open dialogue, the open discussion between all agencies and all entities involved to put together the scope of service to put together an RFP to submit to different consulting agencies for review and selection. We don't -- our next process that we've been directed by our boards and that the chiefs association approved of is that process. We have not made any initiative to put together any legislative paperwork at this point as an agency. COMMISSIONER COYLE: You see, my approach is to try to make sure that we know what the legal barriers are to creating a consolidated organization -- CHIEF GREENBERG: Correct. And that -- COMMISSIONER COYLE: -- before we hire a consultant to tell us what the organization should be like. In other words, if the legal -- if the Florida Statutes require that there be five fire commissioners to this consolidated board, then an organizational structure that anticipates 15 is not going to work and there's no point in paying a consultant for the time and money to work in that direction. CHIEF GREENBERG: I understand. COMMISSIONER COYLE: So I'm not suggesting that we try to get legislation approved. I'm only suggesting that we try to jointly define whether there are any insurmountable legal obstacles to the Page 48 October 28, 2008 consolidation as it is envisioned. If they are, let's recognize that fact before we hire a consultant so we can give the consultant the proper parameters of the job. CHIEF GREENBERG: Right. And that is one of the areas that we said needs further study is the legal avenues with which to pursue, we intend to. COMMISSIONER COYLE: So my proposal is, can we agree that we would work jointly on trying to answer that question and then meet and structure an RFP that will achieve our mutual goals? CHIEF GREENBERG: I have no objection to that. COMMISSIONER COYLE: Okay. CHIEF GREENBERG: The meeting part has been challenging, COMMISSIONER COYLE: Yeah. I'm sure it has, yeah. CHAIRMAN HENNING: So that's a, from what I gather, a direction that you would like to see the board go in. COMMISSIONER COYLE: Yeah. It would be my recommendation to the board that we provide that direction and participate jointly with the fire districts in trying to answer those questions and create an RFP for a consultant. CHAIRMAN HENNING: Right. And I would imagine part of the drafting of the RFP is -- is for the independent/dependent and EMS, get that draft done. COMMISSIONER COYLE: Yep. CHIEF GREENBERG: All inclusive. CHAIRMAN HENNING: Pardon me? CHIEF GREENBERG: All inclusive. CHAIRMAN HENNING: All inclusive. All different agencies. Is that direction okay with you, Commissioner Halas? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: It is with me. Commissioner Fiala, Commissioner Coletta. Okay. We have a consensus, unanimous consensus on the board. We want to take a look at the legal Page 49 October 28, 2008 challenges of the special act, and then also draft the -- once we answer some of those, draft the RFP. RFP or RFQ? No, we want to do RFP. CHIEF METZGER: We suggested RFP. CHAIRMAN HENNING: Right. There's plenty of qualified people that can take our money, right? Commissioner Fiala? COMMISSIONER FIALA: Y es. You had legal oversight during all ofthese meeting, haven't you? Haven't you had an attorney working with you on these meetings? CHIEF GREENBERG: We've addressed different areas with various attorneys, yes. COMMISSIONER FIALA: Okay. And have they -- have they advised you any at all about this bill? MS. LaBUTE: I have not worked on the bill. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: That's a different -- COMMISSIONER FIALA: Okay. CHIEF GREENBERG: Separate entity. COMMISSIONER FIALA: Okay. Two other questions. It was mentioned something about the EMS and the maintenance and so forth. Is there a plan to include the EMS maintenance and the transferring over of EMS, maintenance of the vehicles? CHIEF METZGER: Originally the maintenance of the medic units themselves, if we -- if the new organization were to accept responsibility for that without having some additional maintenance capability transferred into it, it would create a real problem, and what we are suggesting is, as an interim solution anyways, contracting with the county to maintain the maintenance responsibilities for the medic units as one avenue of trying to address that issue. COMMISSIONER FIALA: How is that moving along? CHIEF METZGER: This is just a proposal right now. Nothing's moving along. This is -- this is just conceptual. Page 50 October 28, 2008 COMMISSIONER FIALA: Okay. My last question is, do you have a target date for completion of this whole process? I mean, a hoped- for date? CHIEF METZGER: Actually, we do not. COMMISSIONER FIALA: Do you hope to accomplish it within a year? CHIEF METZGER: No. I don't think that's realistic. COMMISSIONER FIALA: It will be more than a year? CHIEF METZGER: It will definitely be more than a year. CHIEF GREENBERG: The reason we state that, Commissioner, is that no matter how we approach this, we have to go through a legislative delegation, legislatively, whether it's to dissolve the existing districts and create a new one. The deadlines are rapidly approaching for this session, so it's not possible to have it completed this time. Even if we are prepared next year at this time to propose legislation, it would still have to go through the session and go through a voter approval and referendum. So if we were ready December 1 st, it would still be approximately another year and a half before we could move forward. That would be at posthaste time frame. COMMISSIONER FIALA: Oh, okay. Thank you. CHAIRMAN HENNING: Commissioner Coyle, and then I think we're done with this, COMMISSIONER COYLE: That was it. CHAIRMAN HENNING: We're all done. Direction is clear. So we're going to take a 10-minute break and be back at 10:50. Sorry for the delay, Terri. CHIEF GREENBERG: Thank you, Commissioners. CHAIRMAN HENNING: Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your Page 5] October 28, 2008 seats. Mr. Chairman, Commissioners, you have a hot mike. Item #6B PUBLIC PETITION REQUEST BY HOLLY DA YE TO DISCUSS CORRECT WORK ORDER FOR PERMIT #2007111739- MOTION TO ALLOW FOR NO FENCE UNTIL ADJACENT PROPERTY IS DEVELOPED, SIDEWALK IS NOT NEEDED EXCEPT FROM PARKING LOT TO OFFICE - APPROVED Commissioner, the next item on the agenda is a public petition and is 6B on your agenda and it's a request by Holly Day (sic) to discuss correct -- the correct work order for permit number 2007111739. CHAIRMAN HENNING: Ms. Day? MS. DAY-HALL: Good morning. Thank you for this opportunity. CHAIRMAN HENNING: Your name, for the record? MS. DAY-HALL: No matter what the outcome. My name is Holly Day-Hall. I am half owner of Auto Village of Naples, an auto salvage yard located four-and-a-half miles east of 951 and about three-quarters of a mile back off of 41. There are two concrete companies before our property on an easement that ends at our property . I became a half owner legally in 2006 after my husband's third heart attack. It was then that I began to realize things weren't what they should be. I submitted photos of improvements we've already made, which I hope you all got to review. Three weeks ago I went to my district's commissioner with some concerns. He suggested I come before the board. Page 52 October 28, 2008 I have two major concerns. Number one is privacy fencing around the back and side of the property which is vacant and has no access, and number two is handicapped sidewalk from the easement which has no parking. On the privacy fencing, since the adjoining property is vacant, could I request this improvement be delayed until the surrounding property is developed? And on item two, the handicapped sidewalk, we have adequate parking inside the fenced property with handicapped parking and a ramp right in front of the sales building. I would like to request a waiver for a handicapped sidewalk from the easement where there is no parking, It would be a financial hardship for us to make any more changes due to the current economic situation. I'm at your mercy. CHAIRMAN HENNING: Questions by the board? Commissioner Coletta, and then I have a question. Anybody else? COMMISSIONER COLETTA: Yeah. We're hearing this more and more about our local business community and how they're surfing. And we're talking about a business that serves a very useful purpose for many years, a business that employs a number of people, a business that has done everything they could to comply within the economic climate that exists today, and I think every commissioner has received a flier with the different improvements that have been made which are fairly substantial. And I think that we should try to do everything possible to try to mitigate circumstances like this, not to forgive them and say that it's not going to happen, but to understand what's taking place today. As far as the issue of the sidewalk, it's totally ridiculous to have to bring a sidewalk through a rural area like that over limerock and everything else to connect to a building that's -- most people drive up to. If they've got to pick up parts for cars, they're not going to be walking on the sidewalk. It's an unbelievable expense; however, that's a state issue, and Page 53 October 28, 2008 that would have to be mitigated by the state. Mr. Schmitt could probably explain that and how that may work. The one of the slats in the fence, I can tell you the slats in the fence is a great idea when you have commercial enterprises butting up against residential. They do have a tendency to block it. Other than that, they serve no purpose. After about five, six years, they look deplorable the way the plastic starts to deteriorate. And the first heavy wind you get will usually take the fence down because the slats are in there, and cyclone fences aren't really made to be able to withstand wind; however, with that said, I'd like to see us add not six months to this but a couple of years where we can take a look at what's happening out there as long as the neighbors have no problem with what's taking place, to be able to extend this some time off into the future to be reviewed again, and when business conditions come forward, then the fences could be addressed. But Mr. Schmitt, could you help us on this? MR. SCHMITT: For the record, Joe Schmitt, your administrator of community development/environmental services division. The sidewalks was asked to comply with American Disabilities Act. That certainly is a bit -- I'm going to put that on the visualizer. It's a quick drawing. But the auto -- or the salvage yard is well up a dirt road. There's no way we're going to require that. We will waive that requirement. The first I knew of this was last week when it came in. That's a local zoning. We can approve that as -- and waive it, because naturally nobody's going to take a wheelchair from 41 and try and go all the way up that dirt road. Now, there has to be ADA accessibility from the parking lot or the ADA handicap parking area to the office that's already been constructed. My staff was out there last week. We recommending the contractor come in and ask for a TCO. That TCO was issued, I believe, Friday with a six-month stipulation. There's some earthwork Page 54 October 28, 2008 that still needs to be done that will have to be done during the dry season, and there's some requirements for removing of the exotics. So we did a six-month stipulation, so that resolves the issue as far as the Code Enforcement Board. You'll have to attend the Code Enforcement Board on Friday and ask for a continuance, and they certainly will grant a continuance for six months for some of the other requirements that have to be met regarding the -- what we call our series -- 800 series inspections and the removal of exotics. The only requirement that I need to point out is during the resolution 96-15 -- and I'll have to ask the board for a decision on this. In the resolution that authorized a conditional use, it's clear -- and if you could zero in on that, Jim, it's clear that there was a fence required with opacity, an opaque fence, on the perimeter, and that was part of the conditional use in '96, so that is in the ordinance. So in some manner of form that will -- that requirement will either have to be waived -- administratively waived by the board, or resolution removing that from the conditional use, or if you do, as stated on the record, if you deem it -- it would only have to be done ifthe adjoining properties were developed. There's been a tremendous amount of improvements in this property, and I think I'll show you a good -- that's the fence line, I think. Jim, you can back out before and after. It may not show up in the color photos. Now I look at it. It's a little dark. But there's been a significant amount of improvement. The fence line, planting of grass, planting of the landscaping, and it's all done. So the reality is, the opaque fence, though required -- MS. DAY-HALL: We -- may I interject? MR. SCHMITT: Yes. MS. DAY-HALL: We did put a screening over that part here, which would be if anybody would come up that way, but the back doesn't have it. MR. SCHMITT: I mean, I'm fine with it. I mean, it's up to you Page 55 October 28, 2008 all. COMMISSIONER COLETTA: I would prefer that we allow them to continue -- MR. SCHMITT: Yep. COMMISSIONER COLETTA: -- until development takes place in that area, if we could ever word something that would be legally sufficient. CHAIRMAN HENNING: Well, I think we need to do a resolution memorializing that direction to where the opaque fence would be at the time of development of the neighboring property. MR. KLATZKOW: Well, it's been like this for what 12,13 years? I mean, you can just give directions to staff not to enforce it until such time as development comes. MR. SCHMITT: I'm fine with that. And we'll make that noted to the CEB, just with a stipulation that when the adjoining property is developed, there will have to be some kind of fence to separate the auto salvage yard from the other activities, if and when it's developed, and who knows when that will be. But certainly we can deal with the sidewalk. When I found out about that, I realized -- I said, this is just -- just not practical. Though it's required by American Disabilities Act, I think certainly common sense says, just not applicable. And the other issue, TCO has been issued. You just have to appear, request a six-month continuance, and then we'll reevaluate there. If you need more time, we'll provide more time. I think based on the demonstrated improvements, clearly, has gone well beyond what we anticipated, and then -- and unfortunately your pictures there, the color pictures really tell the story on how much this property has improved. CHAIRMAN HENNING: Is the only issue about the opaque fence? MR. SCHMITT: Right now the only issue will be the fence. Page 56 October 28, 2008 Everything else is -- six-month TCO will allow the property owner time to go in and take care of some of the other requirements, removing of exotics, and then we can -- we can figure out where we are at six months, hopefully by then issue a final CO. CHAIRMAN HENNING: Do you want to make a motion? COMMISSIONER COLETTA: I'll make that motion. CHAIRMAN HENNING: Commissioner Coletta makes a motion -- COMMISSIONER FIALA: I'll second it. CHAIRMAN HENNING: -- that we direct staff not to require opaquing of the fence until the property, adjacent property, is developed. That was a motion by Commissioner Coletta, second by Commissioner Fiala. Discussion on the motion? Commissioner Halas? COMMISSIONER HALAS: Yeah, can you tell me how far you are away from development at the present time, the developments to you in your business? MS. DAY-HALL: What do you mean? COMMISSIONER HALAS: How far away is development from where your business is at? MS. DAY-HALL: You mean the surrounding areas? COMMISSIONER HALAS: Yes. MS. DAY-HALL: I don't know. The whole property and behind, both CMX Concrete and the other concrete company and our place, that whole area is trees. COMMISSIONER HALAS: Okay. So basically what you're -- I think what you're telling me is that this is near an area of commercial development? MS. DAY-HALL: Well, basic -- the Cypress Flea Market-- COMMISSIONER HALAS: Yes, I know where that's at. MS. DAY-HALL: -- okay, well, he owns the property in back of Page 57 October 28, 2008 us, and I have -- I don't know when he's planning to develop it. COMMISSIONER HALAS: But it's an open area -- MS. DAY-HALL: It's an open area, undeveloped. COMMISSIONER HALAS: Okay. Thank you very much. You've answered my question. MS. DAY-HALL: Thank you. CHAIRMAN HENNING: Any other discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Congratulations. MS. DAY-HALL: Now, that's for the fencing. The sidewalk? CHAIRMAN HENNING: The sidewalk, Mr. Schmitt agrees with what you said, it's not needed, The only sidewalk is needed from the parking lot -- MS. DAY-HALL: And I have that. CHAIRMAN HENNING: -- to the office. MS. DAY-HALL: Great. Thank you very much. CHAIRMAN HENNING: Right? Item #9K REQUEST FOR BOARD TO DISCUSS ONGOING ISSUES WITH VITA TUSCANA - MOTION TO SLOPE DOWN SIDES OF Page 58 October 28, 2008 PADS, GRADE PILES AND HYDRO-SEEDING TO START IMMEDIATELY - APPROVED MR. MUDD: Commissioner, that brings us to 9K. This item to be heard at 11 a,m. It's a request for the board to discuss ongoing issues with Vita Tuscana. CHAIRMAN HENNING: It's been a very frustrating exercise and it's been going on for a year now. Early work authority, the guidelines for early work authority is on Page 5 of 18, 10.01.02. It's a -- and in J it states that this approval is good for 60 days with the possibility of two, each 30-day extensions depending on the reason for the inability to gain proper approval. Commissioners, the -- because of the financial market, the banks are not lending, and that's the reason why. But I think more importantly, at this time with your indulgence, I'll hear from the public speakers, the residents, some of the residents in Olde Cypress. MS. FILSON: Mr. Chairman, I have five speakers. The first one is Adrienne Deluca. MS. DELUCA: Good morning, Commissioners, and thank you for the opportunity. My name is Adrienne Deluca. I'm a resident of 2766 Olde Cypress Drive. I am also representing Mr. Gene Mayberry of Treeline Drive within Olde Cypress who is, with his apologies to the commission, he is away on vacation and has asked me to represent him also. With apologies to Mr. Mayberry, I have his comments. I will present them and hand them in for the commissioners. I do not want to shortchange him, but I will try to save time from ever -- with everybody. We have been faced with a problem for 17 months now that has negatively impacted the quality of life of residents within Olde Cypress. Homes abut the area that was cleared and is a sand pit back in June of'06 -- of'07, I apologize. From June until now, there have Page 59 October 28, 2008 been a number of questions, a number of people who are far more qualified than me, and who will follow and will give you some more information. I am also a member of a neighborhood board of directors. Our association is the one that actually backs to the property in question. Every board meeting we have, constant communications come to us asking what's happening. We've been told what's happening, and every time we report that, it changes. It's not happening. One of the quotes that Mr. Mayberry has is, and I quote, CDES and transportation are working in agreement to assist this developer, and if the board approves, the permits will be issued and the staff concludes the violation will be -- violations will be abated. The questions that have come up to us are basically, why has nothing been done? Our community is an active community. They look, they read the newspaper, they see stories of code violations that are forcing foreclosures of individual homeowners in the tune of $300,000 for one person, going to a foreclosure. We see Halloween decorations taken down because it violates code. We have no answers for the people within our community asking, why is this 17 months and counting? Why is it that we have been told, oh, they're bringing in the money. Don't worry, they're bringing in all of their monies, and therefore, hydro-seeding, leveling, will be a moot point. Well, Commissioners, I tried that with my last MasterCard bill. I kept telling them, don't worry. I'm bringing in the money, I'm bringing in the money. And they didn't worry, but I certainly was charged with fees for not giving money when I was supposed to, We don't understand why. We also do not understand why, especially since the particular development, first and foremost I would -- and I'm sorry if I'm over. First and foremost, I do not understand how county is working with going out of its way with a developer where nothing has been done, Page 60 October 28, 2008 when I would expect one of the first things that should be done -- CHAIRMAN HENNING: You have to wrap it up. MS. DELUCA: -- is the developer is in with current taxes. There are arrears of two oh seven taxes. The developer and the property has not even paid that. Sorry for overgoing. CHAIRMAN HENNING: Okay. Next speaker? MS. FILSON: Next speaker is John Walters. He's giving his time up to Diane Ebert. Ms. Ebert will be followed by Larry -- or Lee Berry . MS. EBERT: Good morning, Commissioners. For the record, my name is Diane Ebert. I'm a resident at Olde Cypress. Weare here today out of pure frustration turned into anger. We have tried to work with staff and the County Manager, but here we are today over a year later, and nothing has been done except the landscape buffer. No wonder people look at you and put the blame on you as commissioners, But this time we know it's not you. We hear taxpayers say that you are in the hands of the developers and the attorneys, but guess what? It appears it's not you. It appears that it's the county staff. We just want the Land Development Code followed. October 6th, the early work authority expired, and here we are the 28th of October of2008. We no longer call it CDES. We call is CY AS. In fact, tomorrow's newspaper should read, County Manager and his staff refuse to follow the Land Development Code, that's right, because that's exactly what has happened. He has brought things upon himself. If he had wanted to do anything about this problem, he would have made sure that staff take action, but no, that is why we are in front of you today. You're right, Joe keeps saying developer's going to be bringing the money in, so hydro-seeding is moot. In fact, Joe and Stan have obstructed this whole thing since the beginning. They have taken your Page 61 October 28, 2008 Land Development Code and used it like toilet paper. Staff forgot to get bond fees, and this is not the only development. There are several other ones. And the County Manager and his staff have known about this since February. In the chart that is up there, an EW A shows 60 days with a possibility of two 30-day extensions. Are the development orders there? If not, you revoke the EW A, you call the bonds, and the county does the work. Even the code enforcement case in May was stripped down to just dust control. They never mention the lake. They said it was a judgment call. Well, at this point, we don't trust their judgment. They do not have any as-built cross-sections of the lake because the lake is still a mud-hole. What about health, safety, and welfare? Commissioners, even the code enforcement case, they refer to section 4.06.04, which clearly states any stockpile in place for more than six months must be sodded or hydro-seeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of$lO per acre per day, which in this case, equals $290, and they're only going to charge him $180. The disconnects at this county are unbelievable, and there is absolutely no accountability under this leadership. This is not a Taj Mahal project that we're talking about. It is just dirt. Plain, blowing dirt and a mud-hole of a lake. And if county staff can't fix this small project, God help us all. Had county staff followed the EW A procedures, this property would have been a closed case last November or December. I would say the buck stops here in front of all five of you commissioners, but unfortunately, the county staff forgot to get the bucks. Commissioners, in closing, our community would like to see the mud-hole lake filled in with the stockpiles of dirt, the balance of the dirt leveled off and graded smoothly, hydro-seeded and vegetated with Land Development Code requirements, which is to be 64 trees per Page 62 October 28, 2008 acre. Once again, we want to thank each and every one of you for taking the time to let us vent, and please help us solve this. Don't let this happen to anyone else again. Thank you. MS. FILSON: The next speaker is Lee Berry. He'll be followed by Paul Schultz. MR. BERRY: Good morning, Commissioners. Thank you for this opportunity. My name is Lee Berry and I reside at 7414 Treeline Drive in Olde Cypress. The rear of my house and my lanai look out on the barren land of Vita Tuscana, and that is why I'm here. My wife and I and our neighbors and the residents, as you've already heard, are totally frustrated with the manner in which the county administration has handled this situation. After expiration of the early work order when it became clear that work had stalled and bond monies weren't coming in, we began complaining about the site. I was at a February 20 meeting at Olde Cypress attended by Mr. Ochs, Mr. Schmitt, and Mr. Chrzanowski, when they told 150 residents that if Empire did not submit their bond and obtain their permits by the end of February, that the county would grade and hydro-seed the -- by the end of March and put a lien on the property to cover the costs. Well, the end of March came and went and the county did not do what they said. Since March there have been multiple emails, inquiries, meetings, involving either myself and others in our community to try to get the staff to act and get this job done. Again and again the developer has allowed it to stall -- or has caused it to stall and not performed their job, and the staff has allowed them to do it. The hydro-seeding isn't done, This is grossly unfair to the residents of Olde Cypress. It raises a variety of questions as to why Page 63 October 28, 2008 the developer has been given greater consideration from the staff than the residents and the county code. Our residents are unhappy about this and your codes are not being enforced. This land is an eyesore. It's the first thing you see when you come into Olde Cypress through the gates. It hurts our club and the image people have if they are considering purchasing a home or joining our community. And when the wind is blowing, the dirt and sand is nasty on our lanais and to our golfers on the fairway. It's embarrassing when friends and family come to visit and look out at what we're looking at. I believe these codes were written in part to protect residents from hardships associated with land being stripped raw by developers and then being allowed to sit there to the detriment of the adjoining neighbors. F or reasons not understood by me, the codes are being subverted by lack of enforcement by your staff. Twelve months have passed since the EW A expired, seven months has expired since the county said they would do this -- or the staff said they would do this in March. Why has this happened is the question. I think the residents and taxpayers and you commissioners deserve an answer. CHAIRMAN HENNING: You have to wrap it up. MR. BERRY: And I think the residents ofOlde Cypress deserve to have this project hydro-seeded and re-vegetated per your codes. I implore you to correct this situation. We should not have to suffer this any longer. CHAIRMAN HENNING: Thank you. MR. BERRY: Thank you for your consideration. MS. FILSON: Final speaker is Paul Schultz. MR. SCHULTZ: Not to take up any more time, they've covered everything that needed to be covered. So I know you people are very busy, but thank you for the opportunity. CHAIRMAN HENNING: The reason I brought this hastily on Page 64 October 28, 2008 the agenda, County Manager forwarded me an email where code enforcement and staff agree to appease the complaints, Mr. Farley, being part of the development group, will smooth out the sides of the house pads, That isn't what our code says. Our code says to grade off the site and hydro-seed it. Now, speaking to the developer this morning, I'm hoping this all is going to be a moot point. From the evidence that I see, the -- he has a private lender who's going to loan him money. Of course -- and I hope that does come through, but I've heard that before over and over and over again. But I want to -- I want to demonstrate what -- what was in the file of this development. And if you could zoom in where the arrows are. In 2005, a permit was approved as long as there's are-vegetation and security of 38 -- 308 -- MR. MUDD: Thousand. CHAIRMAN HENNING: -- thousand dollars, but yet we don't have a bond for this -- a surety bond in 2006. I don't know how long this is going on. I know that we have a financial -- banking financial crisis. I don't know what other areas of the county -- that we're going to have problems with this, but it is unfair for the residents next to this development to have to put up with this for more than a year when our code clearly, clearly states that this should have been graded and hydro-seeded in October of2007. Ijust want the staff to enforce our code. That's it. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'm confused. Excuse me. It says here that there's a re-vegetation security of $308,000. Are you saying this was never paid? CHAIRMAN HENNING: It was never collected. COMMISSIONER COYLE: Never collected. And we issued the permit anyway? CHAIRMAN HENNING: Correct. Page 65 October 28, 2008 COMMISSIONER COYLE: Who issued the permit? CHAIRMAN HENNING: County Manager? I can't answer that. MR. MUDD: Out of community development's environmental services. Stan? MR. CHRZANOWSKI: No, sir. It was me. I screwed up. I issued the permit. We had about 60 or 70 EW A's all coming in and going out. And I was supposed to collect re-vegetation bonds, and a lot of the re-vegetation bond was actually -- you get the early work authorization to start construction after you've gone through two reVIews. The purpose of it was to let people start construction early because at the time when this was passed, five years ago, things were moving rapidly, and our permitting process was taking a little longer, so they decided that when you hit a certain point in the permitting process you should be authorized to get an early work authorization to start work because we've looked at all the main aspects of your project. And one of the things that I was supposed to have obtained was an early work authorization re-vegetation bond. And I don't understand the 308,000 because it's supposed to be like $5,000 an acre. And there's other little things here where you have -- the EW A covers the infrastructure which is the main roads. Then you have the VRSFP's, the vegetation rural permit, which is for the lots themselves, That procedure's been in effect for a lot longer time. But the EW A was so that they could start on the infrastructure. On this and a few other projects I did not collect the bonds because they were coming in and going out so quickly and getting done. The only one I ever thought -- well, in the end, like I said, there's 60 or 70 of these I have a problem with. This one, and there's a few small subdivisions in the back of Reflection Lakes that have been hydro-seeded. Those are the only ones that went bad. Page 66 October 28, 2008 It's -- I did it. It's my fault. A year ago I sent an email saying, I royally screwed up. I got reprimanded. There's something in my personnel file about it. I got a real bad evaluation. And if somebody wants to give me a day or a month off without pay, not a problem. If you want to terminate me, no problem. I screwed up. It's me. CHAIRMAN HENNING: Do you have any other questions? COMMISSIONER COYLE: How about the excavation security for $25,000, Stan? MR. CHRZANOWSKI: That's in place, and we have a permit from -- we have a letter from them saying we can use that to re- vegetate if we want to. One of the things that wasn't brought up was they -- as a result of these meetings, it was asked, do you want a buffer or would you prefer hydro-seeding, because it's a very fancy buffer. The buffer costs more than the hydro-seeding bond would have cost. The -- they went for the buffer -- the developer paid a lot of money for the buffer, and he's been -- you know, we've been trying to work with him with the economy for the hydro-seeding and we've -- the economy's been bad. We've been -- I have been working with people. Maybe I shouldn't. CHAIRMAN HENNING: Stan is correct. There was a meeting in Olde Cypress, and they agreed to put the buffer in there -- MR. CHRZANOWSKI: A couple of them. CHAIRMAN HENNING: -- but there was a finite time when, you know, you get your financing, you move forward, or you're going to have to hydro-seed. MR. CHRZANOWSKI: Yes, sir, and we turned it over to code enforcement and we've -- I think you have a history in there saying that this has gone, you know, to the Code Enforcement Board and it's been imposed. And we sent a succession of emails. And like Commissioner Henning said, they did have some promises that they were getting funding. Page 67 October 28, 2008 And it's not like the others where they said you know, we're belly-up, we're going bankrupt. This developer has been persistent through the process that he is going to go ahead with the project. Apparently he's succeeded even though certain people don't think so, Maybe not. CHAIRMAN HENNING: Commissioner Halas? MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HALAS: It's my understanding, and correct me if I'm wrong, but -- that the people that live in Olde Cypress were very concerned, so I believe staff and a commissioner worked with the developer in trying to establish some type of a buffer, and so they built a berm and also put in irrigation, if I'm correct -- MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HALAS: -- and did some sodding of that. Is that correct also? MR. CHRZANOWSKI: Yes, sir, that's correct. COMMISSIONER HALAS: And what -- do you have any idea, being that you're the engineer, what the cost of this would be related to the developer prior to him developing this land? MR. CHRZANOWSKI: The estimate is $175,000. COMMISSIONER HALAS: So he stepped forward to address an additional amount of money that he really didn't have to put up, is that correct, on this buffer? MR. CHRZANOWSKI: Yes, sir. The re-vegetation bonding would have been 125,000. COMMISSIONER HALAS: Okay. And so I understand that you were in error here, but with the work of the developer, he -- did -- was there meetings with the homeowners association on this issue? MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HALAS: Did they agree to this? MR. CHRZANOWSKI: It was my understanding that they preferred to have the buffer put in, but I guess they wanted both. Page 68 October 28, 2008 COMMISSIONER HALAS: Wanted both what? MR. CHRZANOWSKI: The buffer and the hydro-seeding. And the hydro-seeding was -- it is a requirement for dust control that at a certain point of the project you have to hydro-seed. COMMISSIONER HALAS: Why wasn't the hydro-seeding completed? MR. CHRZANOWSKI: Because we told the developer to hydro-seed and he didn't, so we turned it over to code. We told him a few times to hydro-seed, he didn't do it, and we turned it over to code, and it's been proceeding through that process. I think they're still under some type of -- MR. SCHMITT: For the record, Joe Schmitt. And certainly I accept responsibility as well. In fact, it's my organization. They failed to do what they needed to do. Measures have been put in place to make sure it never happens again. That's where that flowchart came from that Ms. Ebert showed. We went through this thoroughly to make sure this never happens again regarding EW As and vegetation removal and site filling permits. That said, this went before the Code Enforcement Board September 25th, there was a judgment made, the developer was given till October 10th to do the hydro-seeding. They're still in the processing of doing that. They've been instructed to level the piles that are out there. That is yet to be done. They have a hearing that they are required to attend. That is November 20th. That's an imposition of fines. If at that time it's deemed that they have not performed the work as required by the Code Enforcement Board, a judgment will be made, and then we can proceed based on a judgment. We can enter that property. Right now I have no authority to enter that property or go on that property until I have some kind of judgment either from the Code Enforcement Board or the Special Magistrate. Then we can use the $25,000 to make the -- take corrective action. Page 69 October 28, 2008 Now, ifthe developer picks up his approved plans -- now understand, his plans were approved. They were approved well over a year ago. They're sitting waiting for the developer to come in and pay the impact fees; I believe $407,000 transportation impact fees. Those plans were approved, which basically is why we issued the EW A, because the developer was going to come in and pick up those plans. Obviously -- and the developer's here. Obviously, due to whatever financial concerns, they were unable to amass the $407,000 in impact fees. At that time we would also collect all the bonding associated with the infrastructure upon recording of the final plat. So to answer your question, they're under a CEB order now. Fines are amassing at $l80 per day. They have to go to a hearing November 20th to -- and at that November meeting, we'll determine whether, one, they pick up their permit. That pretty much then makes this an active construction project. Of course, they have to pay their impact fees. Or two, they do not pick up their permit. Then we're dealing with imposition of fines and hopefully a judgment. I'll take the $25,000 cash bond, we'll do what we have to to hire a contractor to go in and correct the work, the work that's been done. COMMISSIONER HALAS: Well, the problem is, is the $25,000 going to cover the hydro-seeding, and if it does, then why didn't the builder come up with the $25,000 to hydro-seed? MR. SCHMITT: The builder's out there right now hydro-seeding. They've been out there for weeks hydro-seeding. They're in the process of hydro-seeding. They've been hydro-seeding. THE AUDIENCE: No, not true. CHAIRMAN HENNING: Commissioner, my problem is, is, you know, there are pads out there. Even though there's not an approved plat, I don't know how you call it pads. To smooth off the sides of the house pads is not what the Land Development Code says. And, you know, either ask for a waiver of the Land Development Code or Page 70 October 28, 2008 follow the Land Development Code. The Land Development Code is clear, you grade it off and hydro-seed it. MR. SCHMITT: Commissioner, that's an area where it talks about stockpiling. And what they have there is they have a permit -- they had a permit for excavation as well, which was issued, and that earthwork was placed and spread over the areas that will soon be developed, and those are up to three foot high, which are the house pads, allowing for that soil to settle. Now, if you want all that plowed in and put back into the lakes, certainly if this site is abandoned, we're going to have to do that. CHAIRMAN HENNING: 10.01.02.1 says, the approval is good for 60 days with the possibility of two 30-day extensions, depending on the reason for the ability to gain the proper approval. After that time, cleared area must be graded off and hydro-seeded. Can I finish? COMMISSIONER COLETTA: Yeah, please, go ahead. I just want to make sure you know I'm here. CHAIRMAN HENNING: Yeah, I know that. So what is wrong? MR. SCHMITT: Sir, we've instructed him to do exactly that. We've instructed him to do it. The work has not been done. It's a code case. He'll go to the Code Enforcement Board November 20th, imposition of fines will be judged. At that time we'll take corrective action. CHAIRMAN HENNING: So we're not just going to hydro-seed. We're going to grade it off. MR. SCHMITT: We instructed him to level the piles that were out there, to shape the property and hydro-seed. CHAIRMAN HENNING: And then in 18 months, it would be re-vegetated. MR. MUDD: But I want to make sure -- yes, sir, within 18 months to re-vegetate. And Mr. Schmitt, in August, sent the developer a letter to let him know that he had to have his re-vegetative Page 71 October 28, 2008 bond put in. But I want to make sure we've got graded off, okay, before -- we have an issue here, because it's obvious that what Mr. Schmitt just talked about and stated -- and Commissioner Henning, what I believe I heard you say about grading, grading off -- so we need to be able to clarify the definition of graded off, because if I grade a site, lock, stock, and barrel, I mean, you don't have an inch difference between where you are and you've completely leveled the site. The code doesn't say graded. It says graded off. And I think you need -- we need to get a definition or at least the perception or the intent of what that basically says so that we don't miss this. I want to make sure that staffs got board's intent and what we read -- the code to be clear so that we'll get this resolved because after this day, we don't need to be back here going through this thing again. So I don't want to -- I want it to be clear and I want some clarification so that we've got this down pat. MR. SCHMITT: This is the area right here where you see the actual -- it's probably elevation, what, about three foot-- MR. CHRZANOWSKI: Three foot. MR. SCHMITT: -- where it's graded, it's all level, but it's about three foot above grade. Now, if you want all that removed and this as well -- this, of course, are the stockpiles for the next area they were going to bring up to elevation only three foot high. So if you say graded off, what we were saying, we wanted these mounds shaped because this whole area's flat. But if you want that all gone, I mean, that fill will go back into these lakes. CHAIRMAN HENNING: Well, my only -- and before I go to Commissioner Coletta. MR. SCHMITT: Yes, sir. CHAIRMAN HENNING: My concern is the maintenance after you hydro-seed it, and I think that's what graded off means, so that you can maintain it in the future. Page 72 October 28, 2008 MR. SCHMITT: Understand. CHAIRMAN HENNING: Commissions Coletta? COMMISSIONER COLETTA: Yeah. I'm listening to what's taking place here, and I can understand why you have some level of discomfort with some of it, but some of the things I think we need to recognize is that we've got two very competent staff members here in front of us who did something that's very human. They made an error. Nothing that they personally gained anything from. They made an error, they admitted their error; they've been reprimanded for it. MR. CHRZANOWSKI: Only one. COMMISSIONER COLETTA: Only one. MR. CHRZANOWSKI: It's not him. MR. SCHMITT: I'm responsible. COMMISSIONER COLETTA: But the whole thing is, is I don't see where we're going to gain anything by beating up these two people. The whole thing that we're out here to hear today is to come up with a solution, a workable solution that will get us to where we need to be. As far as clearing the whole thing out and refilling the lakes. I mean, talk about, you know, a detriment to someone that has an investment out there. We've got to do something to protect the neighbors, but we also have to be cognizant of the fact that we've got a person in very rough times that has made an investment, they've got the fill out of the lakes to be able to start a project. If we can hydro-seed it, if they can block everything off, if they can maintain the land in a way that will be less of a detriment to the neighbors that surround it, let's go forward with that premise instead of this bickering back and forth and pointing the fingers and everything. Let's look for a solution and get to that solution as quick as possible. If it takes nothing more than continuing this while staff works on it till the November meeting, then let's do that. CHAIRMAN HENNING: I don't know if that's really a solution. Page 73 October 28, 2008 Commissioner Fiala? COMMISSIONER FIALA: Yes. Could you show me where the berm is on this map? MR. SCHMITT: I'll pull out different drawings, but the berm was actually constructed along this area here, but this is Olde Cypress. Of course, this is HD Development, the PUD. Now it's called Vita Tuscana, but the landscaping buffer and berm was along this area all the way down to this golf hole. COMMISSIONER FIALA: How tall is it? MR. SCHMITT: I, unfortunately, don't have pictures of the actual berm, but it started right at the road entryway. The berm was -- and I know that's difficult to see, but the berm was constructed in accordance with the landscape plans. That's the next picture, and then all the way down. This was negotiated. There were areas here where Olde Cypress encroached actually into the HD Development property, and the two developers worked out the plan to put in all the landscaping all the way down -- all the way through the area to buffer. It's a three-story -- three-story landscape buffer, mid-canopy -- mid-canopy, mid-story, and then ground cover. COMMISSIONER FIALA: So can you see -- MR. SCHMITT: Two- to three-foot berm and probably, Stan, trees standing eight, 10 feet. COMMISSIONER FIALA: So from that road, Treeline Drive, that this berm runs across, can you see into this property? MR. CHRZANOWSKI: Yes, ma'am. You can see through the buffer. It hasn't grown in yet. MR. SCHMITT: They have two years -- two years for that to grow in as, of course -- COMMISSIONER FIALA: But it pretty well masks it then, right, is that it? Please don't talk to me from the audience. You need to -- if you're not there anymore, I'd like to just ask these questions, if Page 74 October 28, 2008 you don't mind, please. MR. CHRZANOWSKI: The intent of the buffer is to mask it, but it hasn't grown in yet. MR. SCHMITT: The landscape buffer was required during the public hearing process as part of the HD -- HD PUD, HD Development PUD, as it's legally called. It's now called Vita Tuscana. But during the public hearing, it was required as a stipulation for the developer to proceed. And we normally don't require landscaping between two compatible uses, meaning residential to residential, but in this case, because of the concerns of this development, the landscaping was approved during the PUD. It came in, was reviewed as part of the construction plans and plat, and what was built out there was a -- was built and inspected in accordance with the approved plans. COMMISSIONER FIALA: Okay. So now the hydro-seeding will then keep the dust down -- MR. SCHMITT: Yes. COMMISSIONER FIALA: -- and keep any sand from blowing across there, and are they going to hydro-seed this area first that's closest to these people in Olde Cypress? MR. SCHMITT: No, ma'am. They won't -- they will not-- maybe I have a -- they will not -- I don't have a picture. I wish I had a picture of the berm and I left it. They will not hydro-seed the berm. Of course, that's all planted and sodded. COMMISSIONER FIALA: Well, right, I meant -- I meant beyond it. MR. MUDD: Now, hang on. You have been out there within the last week or so on the particular diagram that's on the overhead. Can you kind of at least point to areas that supposedly have been hydro-seeded and what portions haven't been hydro-seeded yet? MR. CHRZANOWSKI: Yes, sir. On the visualizer, if you come in, this is the entrance, and this pad up here was hydro-seeded a while back as a test by them to see what would grow out there. It's -- there's Page 75 October 28, 2008 already green growing all over it. They have hydro-seeded an area in, and I don't remember I -- how far back they went with the hydro-seeding of this area. These bases here are going to have to be cut down to a four-to-lO slope because that's our maximum slope for maintenance. That will allow mowing of the hydro-seed after it grows, the grass. They were told to use a field mix, which is more drought resistant than a Floratam or a Bahai. And they're hydro-seeding away -- they started here and they're hydro-seeding away from the project. It will take the hydro-seed a while to grow. CHAIRMAN HENNING: Commissioner Halas, then I want to try to wrap this up. COMMISSIONER HALAS: Is the developer in the audience in regard to this project? CHAIRMAN HENNING: He is. COMMISSIONER HALAS: Can he come forward. CHAIRMAN HENNING: Sure can. State your name for the record. MR. SLA VICH: Bill Slavich, Empire Developers. COMMISSIONER HALAS: Mr. Slavich, obviously there's some very upset neighbors. What is your intent with this project at the present time? Can you give us any idea what's going on? MR. SLA VICH: Well, our intention is to continue and to finish the project. I shared with Commissioner Henning this morning in preview to this meeting a signed term sheet and loan documents with a lender to close within the next two to three weeks and to start back with the construction of all the infrastructure and two models, and that is our intention. COMMISSIONER HALAS: Okay. Are these promises that you made before, sir, or -- MR. SLA VICH: That was brought to my attention, and we have October 28, 2008 been diligently working to try and get that. There were obviously quite -- we actually had a commitment, not signed, but then Lehman Brothers essentially went out of business and we lost part of that funding. As I had told Commissioner Henning this morning, I have never had a signed term sheet or -- and/or agreement from the bank before. I do have now, and I did share that with him, and we went through that this morning. So I see no reason that we would not continue on that path since we have put money up to obtain that and have a commitment from the lender also. COMMISSIONER HALAS: Obviously since this is a code enforcement issue, there's probably going to be some fines involved in that. Is that going to affect you in regards to further developing this property, or do you feel that the monies that are coming forward, you hope, by the lender, are going to also cover not only construction but the fines that you are incurring of this piece of property? MR. SLA VICH: Well, I don't -- I know that the $180 a day for hydro-seeding, we have started hydro-seeding. There is portions out there that are hydro-seeded. I would say that, I guess, if we're going to get a fine, would we pay those? The answer to that question would be yes, and I understand that that meeting is on the 20th of November, and I guess we'll take that up with code enforcement and the county at that time. COMMISSIONER HALAS: Okay, thank you. MR. SLA VICH: I would also just point out -- Commissioner Fiala had asked this question. The berm actually goes -- MR. MUDD: Show it right here. They can't see it. If you show it with a pen. MR. SLA VICH: The berm actually goes from here all the way down to the end of this, not just the golf hole. So it takes the whole -- that whole property past where that lake is all the way actually into the Page 77 October 28, 2008 edge of the preserve area there so -- which was agreed at in a meeting pnor. CHAIRMAN HENNING: Thank you. Commissioner, I hope this is a moot point. You know, I mean, I wish Empire, Vita Tuscana well. The problem is, in my office the County Manager said to two residents, if the developer doesn't do this, this will be leveled off and hydro-seeded, and that is not what's being -- taking place. Their understanding and my understanding what grading means is level it off. And, you know, I don't know if we need an official interpretation, but whatever we tell our residents, we ought to try to fulfill. Wouldn't you agree with that statement? MR. MUDD: Well, I agree that whatever we tell the residents, we should try to accomplish, and that's absolutely correct. And in that meeting I told them, not to level off. I told them I would take down the piles and get them leveled off. And that's exactly what I told Gene Mayberry and that's exactly what I told Diane Ebert, who was sitting there. Now, I ran into a complication because I've got to go in front of the fine board or the Code Enforcement Board after the fines have been levied when the person didn't -- because we had this meeting prior to the 10th of October when the developer, Empire Builder, was supposed to have this done based on a Code Enforcement Board action, i.e., hydro-seeding. After the 10th when it didn't get done, I told them that if it didn't get done within 30 days, we'd get out there. On the 20th of November we go in front of the -- and oh, by the way, as a result of that meeting, staff got Mr. Slavich to agree -- and I pronounced it incorrectly, sir-- MR. SLA VICH: It's close. You're right. That's okay. MR. MUDD: -- to agree that we could use the $25,000 excavation bond in this particular endeavor, so that was in a result of that meeting also. Page 78 October 28, 2008 On the 20th, if this isn't hydro-seeded and the piles are not leveled, then we will, as a county, go out and get a contractor to go out and level off or grade off those particular piles, exactly what I promised Ms. Ebert and Mr. Mayberry, and we will hydro-seed the rest of this project. Whatever costs are above the $25,000 bond, we will carry as a lien, along with the fines, on this particular property. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: It sounds as though what the residents are expecting -- and correct me if I'm wrong -- through the information that's been brought forth in this discussion, is that there are some home -- the pads here that are where the homes are going to be built, are at an elevation of three feet and that the material for the home pads came out of the lakes. So what the residents are saying they want done is everything leveled out and the lakes filled in. Is that the understanding that I get? CHAIRMAN HENNING: That's correct. COMMISSIONER HALAS: And how much did this cost you to excavate, where are you today? MR. SLA VICH: Well, the -- some fill was brought in. It was not all just generated out of those two lakes. Some-- COMMISSIONER HALAS: Okay. MR. SLA VICH: The amount offill that has been brought in to date is close to three-quarters of a million dollars. COMMISSIONER HALAS: So this is where the residents want you to basically go to is the fact that -- to remove that fill, fill in the lakes and hydro-seed this, is my understanding? MR. SLA VICH: Grading it level -- that's the first time I have heard that. I know the code says grading and I know that you have to have a 4-1 slope because you have to maintain, to quote-unquote be able to mow the hydro-seed once it grows in. My understanding was that the stockpiles, which are this area Page 79 October 28, 2008 right here, would be graded down and the house pads would be -- somebody said rounded earlier -- graded to a 4-1 slope so they could be maintained. Now you're saying something different where if you're pushing the dirt over the entire site filling the lakes in, then hydro-seeding, if that's where we're going, then we're wasting -- we're wasting our money hydro-seeding now if we're going to go push the whole thing down. COMMISSIONER HALAS: Well, that's kind of where I hear the discussion going, and I'm not sure that we want to go in that direction. I -- if I was you and I had this kind of money involved in this thing, I don't know. CHAIRMAN HENNING: What -- Mr. Slavich, what kind of money do you have, Empire Development, have into the landscaping berm, the company itself? MR. SLA VICH: About 175- to 180,000. CHAIRMAN HENNING: So that is what Empire paid for the landscaping berm? MR. SLA VICH: That does not count -- CHAIRMAN HENNING: Or is that what the cost is? MR. SLA VICH: That's what the cost is. CHAIRMAN HENNING: That's what the cost is. That isn't what Empire paid. MR. SLA VICH: Well, that would be what our cost is. Same-- yes, sir, same thing. CHAIRMAN HENNING: Okay. And see, that's -- the difference is is what the cost is and what is paid. What is invested in the property and what is paid. And I understand the financial difficulties, but you're going to -- it's coming to your neighborhood soon, so we better get this straight so we don't have the same discussion over and over again for over a year, and that's the only Page 80 October 28, 2008 point is whether the board needs to give direction of what grading off is to the zoning director, that's fine, because, you know, here we are almost an hour on this discussion. We're not getting anywhere. MR. CHRZANOWSKI: Commissioner, could I bring something up? CHAIRMAN HENNING: If it's getting to closure. MR. CHRZANOWSKI: It's germane to the issue and I'll say it quickly. CHAIRMAN HENNING: Okay. MR. CHRZANOWSKI: You have water management district permits on a lot of projects out there that have house pads without houses on them. However you word this, you better word it carefully because if you tell people to grade down the house pads to original grade and fill the lakes back in, you'll violate the district permits. Just something to think about. CHAIRMAN HENNING: Okay. But how can you have a house pad when you don't have an approved plat? MR. CHRZANOWSKI: These other projects do. What I'm saying is, when you word -- however you intend doing this, take into account that these projects have district permits. MR. SCHMITT: We have an approved plat and plan for this. It just hasn't been recorded. MR. CHRZANOWSKI: This -- yes. The plat and plans have been approved. They just haven't been recorded. MR. SCHMITT: And picked up. MR. CHRZANOWSKI: And he can't record them until he posts a $408,000 payment to the traffic impact fee, which is, I guess, the first thing he'll do. MR. SLA VICH: Well, you don't have to record your plat until your subdivision improvements -- MR. CHRZANOWSKI: Right, yes. MR. SLA VICH: You do not have to record your plat prior to Page 81 October 28, 2008 doing subdivision improvements. MR. CHRZANOWSKI: You could do all the subdivision improvements up front and not record the plat until -- you have to record the plat to sell lots. You could post the bond up front and record the plat or you could do all the improvements and record the plat and never post the bond. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. All this seems to be derived from what the people said, it looks so ugly, it looks despicable to them. I don't see where it's despicable looking, especially when they've even got a berm there and they've tried to work with them and they're trying to hydro-seed to -- and we're in tough times. If they -- if they're continuing to hydro-seed until they start to build, and from the picture that I'm seeing, it just -- I don't know how that looks so despicable. I'm just trying --I'm just down to basic reality. CHAIRMAN HENNING: Let me ask you a question. COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: That's probably from a thousand feet up. Go visit the site. COMMISSIONER FIALA: I should, yeah, I will. CHAIRMAN HENNING: I mean, it's totally different. So can we get some direction on this, is -- what is, in 10.01.02.J, the term grading, grading off; is that reasonable? Commissioner Coyle? COMMISSIONER COYLE: Yeah. Yes, Mr. Chairman, I think that's the key here. It does us no good to debate whether or not it looks terrible. The neighbors seem to think it looks terrible, so let's assume it looks terrible. The question is, what does grading mean? And it seems to me that if we wanted to return the site to its original condition, we would have said that in the Land Development Code. Ifwe look at the piles of dirt on the right, we can say that's more unsightly than the graded dirt on the left. So grading the piles of Page 82 October 28, 2008 dirt down to a level, smooth appearance and beveling the edges to a 4-1 slope so it can be maintained after it's hydro-seeded appears to me to be a reasonable solution here. Now, what -- what bothers me -- and look, you know, it's tough economic times. I know it's difficult to get financing and get money to do some of these projects. I'm not going to try to beat anybody over the head about that, but it doesn't take that long to hydro-seed that property. That couldn't be more than 12 or 15 acres there at that curved portion on the -- that goes along Treeline Drive. It doesn't take that long to hydro-seed that much property. MR. SLA VICH: I would agree with that. COMMISSIONER COYLE: So it's a simple matter. One day you can get out there and bevel that to a 4-1 slope. You could hydro-seed it in a couple of days and get this thing done, but I just cannot bring myself to vote to return the site to its original condition, because to do that in its -- in its real true essence is to fill in the lakes, replant the trees that were there as if nothing had ever been done to it, and that is really ridiculous. It is a construction site, and I would say to you, let's just get the 4-1 slope, let's get it hydro-seeded, let's get it done quickly. Let's not wait until a November meeting with the Code Enforcement Board. Let's just do it. We can make the decision as to what grading is. And if you'll get out there and do it quickly, then I think the neighbors are going to have to be reasonably happy with that result after having waited for so long. But it we're going to wait until a meeting in November the 20th to decide what you're going to do, I'm not going to be real happy about that. COMMISSIONER COLETTA: I'll second that. COMMISSIONER FIALA: Me, too. CHAIRMAN HENNING: Hang on. MR. SLA VICH: Yes, sir. My understanding -- I was out of town last week -- that there was a meeting with vice-president of our Page 83 October 28, 2008 company on rounding, I guess, was the email, grading the 4-1 slope, probably is what should have been put in the email, and then hydro-seeding. We agreed to do that, also knock the piles down. And I'll make two points for the record. I received a phone call from Mr. Mayberry, who was mentioned earlier, thanking us for building the berm and how great it looks. And I also live on the same street and look across at that property, and, you know, some of the comments that it's hideous looking and things like that are blown out of proportion. I mean, that's a great looking berm. It's more than what's required. And if what you -- if your direction here is that you want us to go in there and take the slope which is the part closest to Treeline and grade that to 4-1 and hydro-seed it, I'll be more than happy to do that, and knock those piles down that are in the back. More than happy to. COMMISSIONER COYLE: And do it now. MR. SLA VICH: I believe we've already agreed to do it and should start in the next day or two. COMMISSIONER COYLE: Okay. We're not going to wait until November the 20th -- MR. SLA VICH: We weren't waiting until the 20th. The walk-through was last weekend -- last week. I was not here, and -- but that was my understanding of the meeting. COMMISSIONER COYLE: Now, we all know that hydro-seeding's going to take some time. MR. SLA VICH: It will take -- correct. COMMISSIONER COYLE: But I presume that you're going to be hydro-seeding with a green mixture, so it's going to appear to be green even if you don't have anything growing. MR. SLA VICH: It is green, correct. COMMISSIONER COYLE: That's right, okay. So if you get it hydro-seeded very quickly, I think people will be reasonably happy with it, but I don't think anybody's going to be happy if you wait for Page 84 October 28, 2008 two weeks or three weeks to get this started. MR. SLA VICH: It was not the intention to wait till November 20th. To be honest with you, that's the first time I've heard that that was the meeting. I'm sure we have been noticed and people in my office know that. But that's the first time I personally have heard that so -- which we will obviously be at, so -- COMMISSIONER COYLE: That would be my motion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Well, Commissioner Coletta seconded the motion. I just want to point out, not requiring the re-vegetation is against the Land Development Code, okay. So if we do that, we should probably do that in some sort of resolution because code says, and it's clear, it's 64 trees per acre and associated mid-story and ground cover. That is 18 months from now. MR. SLA VICH: Well, would we get credit -- CHAIRMAN HENNING: We're not going to have to address that, Mr. Slavich. MR. SLA VICH: No, we will not be addressing that. CHAIRMAN HENNING: But the comment about, I don't want to see anybody having to put trees back in is against our own ordinance. MR. SLA VICH: Well, the -- COMMISSIONER HALAS: That isn't what the motion is, but that's what was stated. MR. SLA VICH: But if it ever got to that point, would the berm not be considered part of re-vegetation or count for the trees? CHAIRMAN HENNING: I'm just stating what is says in the Land Development Code. MR. SLA VICH: We won't have to get to that. Let's -- we'll agree to that. We would not have to get to that point. So we'll be more than happy to grade down to 4-1 slope and hydro-seed at the moment. Page 85 October 28, 2008 CHAIRMAN HENNING: Okay. There's a motion on the floor by Commissioner Coyle, second by Commissioner Coletta, to slope the sides of the pads, remove the piles; is that correct? MR. SLA VICH: Grade down the piles? COMMISSIONER COYLE: Grade down the piles. CHAIRMAN HENNING: Grade down the piles -- MR. SLA VICH: Okay. COMMISSIONER HALAS: -- hydro-seed, immediately; is that correct? COMMISSIONER COYLE: Starting immediately, yes, and -- MR. SLA VICH: We've actually started that, so there are portions that are already hydro-seeded. They will have to get rehydro-seeded when we grade down the sides, but yes, sir. CHAIRMAN HENNING: Okay. Did I capture the motion? COMMISSIONER COYLE: I think you did. CHAIRMAN HENNING: All right. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. Motion carries 4-1. It's close enough for lunch, and come back at one o'clock. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: We're going to - Page 86 October 28, 2008 Item #7 A PETITION: CU-2008-AR-1320l: VI LTD, LIMITED PARTNERSHIP AND COLLIER COUNTY PARKS AND RECREATION, REPRESENTED BY RICHARD D. YOV ANOVICH OF GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH & KOESTER, P.A., IS REQUESTING A CONDITIONAL USE IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESORT TOURIST OVERLAY DISTRICT (VBRTO) AND THE RMF-16 ZONING DISTRICT, PURSUANT TO LAND DEVELOPMENT CODE SECTION 2.01.03.G.1.E, TO ALLOW FOR PUBLIC FACILITIES (LIMITED TO PUBLIC RESTROOM FACILITIES) THAT WILL BE CONSTRUCTED WITHIN THE PUBLIC RIGHT-OF-WAY AND PARTIALLY WITHIN THE MORAYA BAY BEACH CLUB PROPERTY - MOTION TO CONTINUE TO DECEMBER MEETING - APPROVED MR. MUDD: 7 A, sir, Board of Zoning Appeals. This item requires -- if you could please take your seats. Thank you. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2008-AR-13201, VI Limited, limited partnership, and Collier County Parks and Rec., represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Y ovanovich, and Koester -- Koester -- MR. YOV ANOVICH: Koester. MR. MUDD: Koester, okay. Thank you very much -- P.A., is requesting a conditional use in the residential tourist, R T zoning district, and the Vanderbilt Beach Resort tourist overlay, VBRTO, and the RMF-16 zoning district pursuant to Land Development Code section 2.01.03 .G.l.e, to allow for public facilities, limited to public Page 87 October 28, 2008 rest room facilities, that will be constructed within the public right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 south, Range 25 east, Collier County, Florida. CHAIRMAN HENNING: All wishing to participate in this item, please rise and raise your right hand and be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Ex parte communication. Commissioner Coyle -- Coletta? COMMISSIONER COLETTA: Yes. Thank you, Chairman Henning. On the 7 A, I've had meetings, correspondence, and emails, and it's all in my file. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I also have a file. I have had correspondence and emails on this, and spoke with staff. CHAIRMAN HENNING: I've had some correspondence from residents in the area, viewed the Planning Commission meeting. Commissioner Halas? COMMISSIONER HALAS: Yes. I've had meetings with the petitioner, I've also had emails and meetings with staff in regards to this. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have received correspondence and emails concerning this proj ect, and they're all contained in my folder. CHAIRMAN HENNING: Okay. And who wants to start off first? Mr. Y ovanovich? MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioners. With me today are Marla Ramsey, Barry Williams, Gary Page 88 October 28, 2008 McAlpin, and Karen Bishop, to answer any questions you may have regarding the conditional use. As the County Manager stated, this is a conditional use to allow the construction of public rest rooms in the Vanderbilt Beach area. The rest rooms would be constructed within the county-owned right-of-way and a small sliver of property owned by Signature Communities and one of its entities, which is within the Moraya Bay condominium property. As you will recall, the rest rooms were part of the settlement negotiations related to the Vanderbilt Inn Bert Harris case, and in that settlement agreement the county was paid $500,000 for the construction of a turnaround as well as public rest rooms in this area. This conditional use implements the public rest room portion of those -- of those settlement discussed. The rest rooms, as I've said, will be adjacent to the public beach access that has been conveyed to the county as part of those settlement negotiations. Currently there are no county-owned public rest rooms near this beach access points. Due to building code regulations -- and I've got the elevations here if you'd like to go through them, but due to building code regulations, the rest rooms need to be elevated, and we use the FEMA elevation because these are non-habitable structures. This issue came up as to why we used FEMA for the rest rooms versus using FEMA for the adjacent, unrelated condominium building, but -- so we explained that we use FEMA because it's not habitable. If we had to use the other DEP regulations, the structures would actually be a little bit taller. The Planning Commission is recommending a zero approval of the conditional use application. Your staff report's very thorough into the details of that application. So with that, that's a brief summary of the request, and we're obviously requesting that the Board of County Commissioners approve the conditional use for the public rest rooms, Page 89 October 28, 2008 and we're available to answer any specific questions you may have. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Question is that in regards to what the Collier County Planning Commission recommended, they said, according to the petitioner's agent, the agreement has been scheduled for September the 9th. This is in regard to some -- a transfer of land. I believe there was a small segment of land that needed to be transferred to the county in regards to the agreement for the rest room? MR. YOV ANOVICH: And Marla can answer that question for you or I can, either way, Marla. It's up to you. MS. RAMSEY: For the record, Marla Ramsey, public services administrator. We do have an agreement that we're working through the process with the developer to convey that small triangular portion of land underneath the rest room facility. We're working through the attorney's office and the Clerk's office to bring that forward, and we should have to you, I would say one the two agendas in December. COMMISSIONER HALAS: Okay. But this has nothing to do as far as approving this conditional use without the ability of having that land transferred over to us at the present time; is that correct? MS. RAMSEY: My understanding -- and maybe someone from CDES can help me with that. But my understanding is that you don't really need to have that conveyed until you go into the SDP process. To get that approval, then you would need to have that land conveyed at that time. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: Maybe Joe can make two clarifications of this. MR. SCHMITT: For the record, again, Joe Schmitt. For clarification, yes, there is no way we can approve a site plan or a building permit if it's on a property -- two individual owners and it crosses a property line. There will have to be some sort of adjustment Page 90 October 28, 2008 made to either a lot line adjustment or some other legal instrument to deed over a portion of that property so that we can approve the site plan and the building permit. COMMISSIONER HALAS: Okay. MR. SCHMITT: And that can certainly be done at submittal. COMMISSIONER HALAS: Okay. The -- I just want to make sure and put this on the record that this is no -- this is not being held up because of the developer. It's being held up on our end through government entities involved in this. MR. YOV ANOVICH: That's true, and I believe the original version of the agreement has already been executed by the developer, but there are some requested changes that are being requested on the government side. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN HENNING: Any other questions? COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN HENNING: Yes. COMMISSIONER COYLE: I have a question. The executive summary is very confusing, and I'm sure it must be confusing to some of the people who are watching or who have read it, because I've received emails saying that we should not grant them a conditional use approval for this club, and that's exactly what the executive summary says. It's requesting a conditional use in the zoning district and for the Vanderbilt Beach Resort tourist overlay district. But you have to read on to find out that you're talking about essential services for the government, which is a public rest room. It has nothing to do with the club; is that true? MR. YOV ANOVICH: Correct, that is true. And I think the confusion started as originally they were going to -- we were going to collocate within the club building both the public rest rooms and the club, but the club, which is a totally separate petition, has no longer collocated with this, and that just may be a carryover. But they're Page 91 October 28, 2008 totally unrelated petitions, and you would be just approving the essential services for the rest rooms today. COMMISSIONER COYLE: We're not voting on the club at all? MR. YOV ANOVICH: Absolutely not. COMMISSIONER COYLE: And the upshot of all this is that you are giving us property so that we can build a public rest room facility for the public? MR. YOV ANOVICH: Correct. COMMISSIONER COYLE: That's all this is about? MR. YOV ANOVICH: Correct. COMMISSIONER COYLE: Okay. Now, to the issue of not having fee simple title to this property at the time of approval. County Attorney, why can't we -- I mean, if we are going to approve it, if we approve it, why can't we approve it contingent upon the receipt of the fee simple title to this property? MR. KLATZKOW: I think that's what the executive summary says you can do. COMMISSIONER COYLE: Well, it's not what we were just told. MR. KLATZKOW: The executive summary says you can approve the conditional use subject to a stipulation to require the transfer to occur prior to Site Development Plan, which is what you're doing here. So there's a -- there's a -- you're approving this with a condition that they come back and deed us the rest of the property. COMMISSIONER COYLE: Who's Site Development Plan? Our Site Development Plan? MR. KLATZKOW: Ours, ours. COMMISSIONER COYLE: That's a convoluted way to do that, I think. MR. KLATZKOW: The easiest approach would be to put this off until we get the -- Page 92 October 28, 2008 COMMISSIONER COYLE: The land. MR. KLATZKOW: -- the land done; however, these are public rest rooms, you know. COMMISSIONER COYLE: We're -- here's my problem. We're approving a conditional use right now. MR. KLATZKOW: We're approving a conditional use for ourselves -- COMMISSIONER COYLE: Yes. MR. KLATZKOW: -- at the end of the day. COMMISSIONER COYLE: Yes. MR. KLATZKOW: We're approving public rest rooms which require a conditional use. We can't build that building until we get the lot lines adjusted. COMMISSIONER COYLE: Right. MR. KLATZKOW: So sometime between now and the time of the Site Development Plan, those lot lines have to get adjusted. We could either wait until those lot lines get adjusted, then they can come back and we can approve this, or we can approve this with the condition that the lot lines get adjusted before a Site Development Plan gets filed. COMMISSIONER COYLE: You see, I don't see anything in any of that that imposes a requirement that they do anything. If they -- if they fail to transfer the property, who's really hurt? We are. MR. KLATZKOW: We are. COMMISSIONER COYLE: That's right. So we have no guarantee. I'm not suggesting that they would intentionally withhold it, but we're not saying anything about their Site Development Plan is not going to get approved; is that right? MR. YOV ANOVICH: It's actually your conceptual site plan for your rest rooms. COMMISSIONER COYLE: That's exactly my point. MR. YOV ANOVICH: It's yours. Page 93 October 28, 2008 COMMISSIONER COYLE: That's right. MR. YOV ANOVICH: And that's what's getting approved today. We have -- you're right. I mean, it would be nice if we could have worked our way through the administrative process to have all of this at the same agenda. We're not your -- as we've pointed out to Commissioner Halas, we're not your problem. There's no -- COMMISSIONER COYLE: This is Commissioner Halas. MR. YOV ANOVICH: I know. I was -- Commissioner Halas -- focus a little bit closer on that. So I mean, I can understand you're saying to staff, the approval is conditioned upon actually receiving the property, but there's -- I don't know. There's no real way to hold up our site plan since it's not our site plan. COMMISSIONER COYLE: That's exactly the point. MR. YOV ANOVICH: Right. COMMISSIONER COYLE: That's exactly the point. There is nothing here that obligates you to do anything after we make approval today, end of story. We could -- we could grant this conditional use, we could vote on it unanimously, we could all walk out of the room, and five years from now you haven't transferred it and there's absolutely nothing anybody can do about it. MR. KLATZKOW: Well, that's not true, sir. We've got eminent domain power. I mean, worse comes to worst, the developer doesn't live up to what the developer said he would live up to, we can take that strip. COMMISSIONER COYLE: Okay. MR. YOV ANOVICH: It's not going to -- Commissioner, you know it's not going to come to that. You know, these are developers who are in the community, have been in the community, have-- always follow through with what they said they were going to do. COMMISSIONER COYLE: I'm just concerned with loose ends. MR. YOV ANOVICH: I understand. COMMISSIONER COYLE: Okay. It's a bad way to do Page 94 October 28, 2008 business. It really is a bad way to do business. And I think it's, unfortunately, been a waste of the time of this board and everybody who came here to see this because it could have been done all at one time and you had tied all the loose ends up and you had gotten the land transferred properly, and we could have made a decision. It should have never been on this agenda. But nevertheless. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Could I see that picture that you have down there? MR. YOV ANOVICH: Sure. COMMISSIONER FIALA: And also I wanted to hear from Commissioner Halas. This is his district. COMMISSIONER HALAS: The problem that I have with this -- and, again, it's the land. It hasn't been dedicated to the county, and I kind of feel the same way as Commissioner Coyle does, is that this should have been taken care of prior to this meeting. I have talked with staff members during this morning's break and found that -- it's my understanding that the Clerk has a problem with the -- all of the transfer of this property, and I'm not sure what the problem is in regards to the transfer of the property totally because to me it should have been fairly clean as far as dedicating the property over. MS. RAMSEY: For the record, Marla Ramsey. Again, earlier on September 9th I had on the agenda the developer agreement that included the conditional use element as well as the conveyance of the property. And as we were getting ready for that agenda, at the same time there was some other issues with some development contribution agreements, and because there's some issues with those, we pulled all the developer contribution agreements off of the list while we worked through that process, through the attorney's office, through the Clerk's office, in order to make sure that the product we bring back to you is clean, and that's where we got kind of tripped up on it. Page 95 October 28, 2008 But we did have on the September 9th agenda the conveyance of this piece of property, and the developer has signed off on that draft conveyance, and it's just a matter of, you're right, timing. Timing has just not worked in our favor in this particular element, but all -- all the conversations that I've had with the owner of the property is that he fully intends to donate that four-foot triangular strip to the county so we can build the rest room facilities. COMMISSIONER HALAS: The problem remains that if the Clerk feels that this isn't correct for whatever reason, then we may never get this piece of property; is that correct? MS. RAMSEY: No. I don't believe it's to that extent. It has to do with making sure, you know, certain invoices and certain processes are followed, and that -- this is not just this one. It's all developer contribution agreements as we move forward. We're changing the way that we do business with those to make sure that we all have some consistency involved with them. And so it's a matter of some due diligence. It's not that -- it doesn't have anything specifically to do with this particular project that we're talking about today. COMMISSIONER HALAS: Is there a possibility that we can continue this on until -- at such time that everything is taken care of, then vote on this? MS. RAMSEY: That would be the pleasure of the board. COMMISSIONER HALAS: I think maybe that's the best way. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to draw your attention to something in the executive summary. It says that the petitioner's agent has assured staff that this agreement to transfer the land will be signed either at this meeting or prior to this meeting. That's what I relied upon in the executive summary. I thought you would come here with a signed agreement or an agreement that could be signed at this meeting. Page 96 October 28, 2008 CHAIRMAN HENNING: Which paragraph, what page? COMMISSIONER COYLE: That's on Page -- COMMISSIONER HALAS: It's on Page 4. It starts at 4 and goes to 5. COMMISSIONER COYLE: It's bottom of Page 4, and I relied upon that. MR. YOV ANOVICH: And Commissioner Coyle, we, the developer, have signed that agreement, okay. It's -- so we've signed it, okay. It's now going through -- and Treviso Bay was really the first project where the Clerk has now said, when someone other than the county is actually building a project, he, the Clerk, wants us to do A, Band C, which is fine, and that's what caught up this other agreement as to -- because we've done the design and a lot of other things. The Clerk has asked for some additional documentation regarding those expenses related to the design of this rest room and the processing of the petition. But we, the developer, have signed it. It's just now going through the Clerk review and your County Attorney's review before you can finally bless it. But -- if that helps you any, we, the developer, have signed it. COMMISSIONER HALAS: Well, let's cut to the bottom line. Who's holding it up? MR. YOV ANOVICH: I don't want -- MS. RAMSEY: The developer agreement that we were bringing forward on September 9th, there were clarifications that needed to be done by the Clerk's office. They asked us for some additional information, and then the attorney's office, also upon review, after we already had approval by the attorney's office, is now reviewing it agam. And we're trying to come together with a format that we can bring forward on the Developer Contribution Agreement that can be utilized as the process moves forward for all future development contribution agreements, so -- Page 97 October 28, 2008 COMMISSIONER COYLE: And when did you know this? MS. RAMSEY: I had it on the agenda for the September 9th. And just prior to that going to the -- to print, it was pulled off so we could go through the review of it because there were other developer contribution agreements that were in dispute, and so we wanted to get all of them in line for the future, so we've got all of them coming forward at the same time. COMMISSIONER COYLE: But a month and a half later -- MS. RAMSEY: That's correct. It hasn't been. COMMISSIONER COYLE: -- and we still haven't sorted out that issue. MS. RAMSEY: We're much closer today. Invoices have come in. We're actually bringing in invoices and things like that to attach to the contribution -- developer contribution agreement. So it would be very specific, the document that comes forward to you. It really has nothing to do with the conveyance of the land. The conveyance of the land is involved in the developer contribution agreement, but that is not the holdup. COMMISSIONER COYLE: Well, it keeps getting more and more complex. It just convinces me that we either need to table this item or postpone it until we are ready to present a completed document. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What Commissioner Coyle read -- but the next statement is, if not, this conditional petition will need to be continued at the board level, or the board could approve the conditional use subject to stipulation to require the transfer to occur prior to the Site Development Plan, and I feel that we need to -- this should have all been taken care of and that before we go forward with a conditional use, that that needs to be taken care of to make sure that we have that land. CHAIRMAN HENNING: Well, there's no sense of spending a Page 98 October 28, 2008 whole bunch of time on this. Can we agree by a supermajority vote to bring this back with the DCA and put it on the summary? MR. KLATZKOW: Well, you've already got two no's, so this isn't going to go forward, so you could agree to just -- at this point in time just to either continue this item to the next board meeting or continue it indefinitely. CHAIRMAN HENNING: Maybe I didn't make myself clear. What I stated was, can we vote with a supermajority when it comes back to just put it on the summary agenda since we already discussed this thing? MR. KLATZKOW: Yes. COMMISSIONER COYLE: I don't think so. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: There might be new information that comes up between now and then. We haven't seen the agreement. We don't know what the stipulations are in the agreement. I don't know how we vote now on some future act. MR. KLATZKOW: No, no. I think what Commissioner Henning is getting at is next time this comes back, assuming all the loose ends are tied up, this can go on summary, assuming-- CHAIRMAN HENNING: Since we already heard it. That's my point. COMMISSIONER COYLE: It's going to have objections because I've got a stack of objections right here. So somebody's going to be objecting to it, so how can it go on the summary agenda? CHAIRMAN HENNING: Is there any speakers on this item? No, there's no speakers on it. So I'm just trying to streamline the process. COMMISSIONER COYLE: I understand. All I'm suggesting is that we have items on our regular agenda today that received unanimous approval from the Planning Commission but there were emails objecting to it and so it couldn't go on the summary agenda. Page 99 October 28, 2008 CHAIRMAN HENNING: Okay. Well, here's my point. The next meeting we're not going to have a full board, right? COMMISSIONER COYLE: Yep, yep, that's right. CHAIRMAN HENNING: Then we're getting into December, and all this stuff is going to back up. That is my point. And unless we want to commit to, you know, more days than one for our December meeting -- because we're going to be one commissioner short, and the petitioners that are on the regular agenda are going to want to continue that, so I'm just trying to help out the process, that's all. Okay. Entertain a motion to either continue this or continue it and put it on the summary agenda. COMMISSIONER COYLE: That's an either/or motion. CHAIRMAN HENNING: Correct. COMMISSIONER COYLE: Which one do you want us to vote on? CHAIRMAN HENNING: I'm not making a motion. I said, I entertain a motion. COMMISSIONER COYLE: Okay. Motion to continue. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: There's a motion to continue -- COMMISSIONER HALAS: Second here. CHAIRMAN HENNING: -- and second, and the understanding is that the agreement, the DCA, will be on the same agenda or -- MR. YOV ANOVICH: Are we continuing to the December meeting where you'll have five commissioners? MR. MUDD: You're continuing and -- yes. MR. YOV ANOVICH: Instead of the November meeting? MR. MUDD: There's no petitioner that's going to go on the regular agenda for the 11/18 meeting, because you only have four commissioners on the dais, that's going to be heard on the regular agenda. Anybody that was on the regular agenda didn't get unanimous votes and/or had letters of objection have already continued and Page 100 October 28, 2008 moved off the thing. The only thing that you have as far as zonings are concerned are right now on the summary agenda. If the board pulls anything off the summary agenda on 11/18, I've already -- the petitioners have already contacted me and said they want the item continued. CHAIRMAN HENNING: Okay. Is the motion to continue it to the December meeting? COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: The second agree with that? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. COMMISSIONER FIALA: I do have a question though. So say, for instance, the Clerk decides to, you know, finish this off in the next week or so, and you discussed putting it on the summary agenda CHAIRMAN HENNING: Commissioner, the motion was not to put it on the summary agenda. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: You know, plan on a two-day -- COMMISSIONER FIALA: It's a shame to put it off for two months. Well, okay, fine. Page 10 1 October 28, 2008 CHAIRMAN HENNING: Plan on a two-day meeting or an extra meeting. COMMISSIONER COYLE: Mr. Chairman, in could. My problem is, I don't know how you make a decision today to put it on the summary agenda in the future. And if it can go on the summary agenda in November, I would encourage you to do it because -- you just follow our procedures. Are there any objections to it, it goes on the summary agenda. You make that decision yourselves. We don't make that decision. So I wouldn't want to discourage you from placing it on the summary agenda ifthere are no objections to it. It will be just like any other petition that comes in here with no objections. So if you have no objections, why not put it on the summary agenda? And you make that call, not us. COMMISSIONER FIALA: So then we need to revise the motion? COMMISSIONER COYLE: No, no, not at all. You didn't vote to put the item that's on the summary agenda in here today. There was no vote for anybody to do that. It was done by the staff because it met our criteria. It was approved unanimously by the Planning Commission and there were no objections. If this one comes back and you've got the title -- fee simple title to this property and you have no objections to this particular petition, then you put it on the summary agenda. COMMISSIONER FIALA: Well, didn't we just vote to put it on December? I mean, it -- COMMISSIONER COYLE: We continued it until September, or December. But if you want to do it earlier, why can't you do it earlier ifit goes on the summary agenda? COMMISSIONER FIALA: Because we just didn't vote that way. COMMISSIONER HALAS: We didn't vote that way. Page 102 October 28, 2008 MR. YOV ANOVICH: Can I make a suggestion? I think -- since I am the applicant's attorney on this, I'm the county's advocate on this petition. Since you didn't take an action on the conditional use petition itself today, I think the objections would still stand and, therefore, we probably can't go on the summary agenda. But if we were to take an action that says we approve it contingent upon a satisfactory conveyance agreement and -- it would then go on summary agenda, and if any commissioner or public didn't like the terms of that conveyance agreement, it could then be pulled off the summary agenda. I think we could go on the November 18th agenda. If it got pulled by a commissioner, we would then probably automatically continue over to December. I think that's what Commissioner Henning was suggesting to streamline it. Then you would be taking action today. I think that would make the objections no longer applicable because we discussed the conditional use. The conditional use doesn't make sense on this particular piece of property when you have the necessary property owners in front of you to make that decision. Then if you don't like any of the conditions applicable to the conveyance agreement, you could always pull it again and say, we don't want to do that. That's just a recommendation. CHAIRMAN HENNING: Commissioner Halas, Commissioner Coletta. COMMISSIONER HALAS: I think what our concern is is that if we move in that direction, there may be something that may get changed in the whole summary other than just the conveyance of the property, and I think that's what our concern is. There might be something else that will be added to the agenda other than just the clearing of the title for the property. MR. YOV ANOVICH: And then you could pull it from the summary. But I was just looking to streamline it, if you were trying to find a way to get to November 18th and still have an opportunity to Page 103 October 28, 2008 get it on the summary agenda. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Let's move this along. I make a motion for reconsideration of the last motion. CHAIRMAN HENNING: You can do that because you voted in the majority -- COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- minority -- majority. Second by Commissioner Fiala. COMMISSIONER COYLE: It passed unanimously. MR. MUDD: Yes, it did. CHAIRMAN HENNING: All in favor of the motion, signify by a saymg aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: All in favor of the motion, signify by saymg -- COMMISSIONER COYLE: I'm sorry. Which -- what motion are you talking about? CHAIRMAN HENNING: The motion to reconsider. COMMISSIONER COLETTA: I didn't get a second though. CHAIRMAN HENNING: You did. COMMISSIONER FIALA: Yeah, you did. COMMISSIONER COLETTA: Oh, I did. Forgive me. I didn't mean to jump in like that. COMMISSIONER FIALA: I was your second. CHAIRMAN HENNING: There was a motion by Commissioner Coletta to reconsider the item, the last vote, and there was second by Commissioner Fiala. Page 104 October 28, 2008 Is there discussion on the motion? COMMISSIONER HALAS: Yes. I want to ask the County Attorney, what guidance do you give us on this? MR. KLATZKOW: At this point in time, given the discussion, I'd bring this back whenever the deed gets done and I'd bring it to the regular agenda and be done with it, I mean, at this point in time. COMMISSIONER HALAS: Okay. MR. KLATZKOW: And it should be a very quick discussion because everything's tied up. And if nobody shows up to object to this thing, I think we're done. COMMISSIONER COLETTA: Do we -- CHAIRMAN HENNING: We need to take the vote on it unless it's withdrawn. COMMISSIONER FIALA: Unless -- yeah. COMMISSIONER COLETTA: Let's talk about it now. The motion we originally put through, does that cover that, Mr. Klatzkow? MR. KLATZKOW: Your original motion was to bring this back in your December meeting. CHAIRMAN HENNING: Right. MR. KLATZKOW: And that would have been on a regular agenda. That's how I understood your motion. COMMISSIONER COLETTA: Okay. And that's what you're recommending? MR. KLATZKOW: I'm recommending you don't bring this back until the deeds gets for it (sic). I mean, you know, whether that's November or December or January, whenever it is. COMMISSIONER COLETTA: But we left instructions for-- Commissioner Henning was trying to keep everything on track, and I appreciated that very much, rather than have everything backlogged. We reconsider the motion and reword it so that they have the option to bring it back -- well, you're talking about the regular agenda, and they're not going to touch next month because that's only four. So I Page 105 October 28, 2008 guess that leaves December, so the original motion probably was adequate. I withdraw my motion. CHAIRMAN HENNING: Yeah. There's no sense in discussing this any further. COMMISSIONER COLETTA: No. CHAIRMAN HENNING: So we're going to move on to the next one. Item #8A ORDINANCE 2008-62: PETITION PUDZ-2006-AR-I0294 NAPLES CHURCH OF CHRIST, INC., REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, INC., AND RICHARD D. YOV ANOVICH, ESQ. OF GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH AND KOESTER, P.A., REQUESTING REZONING FROM A RURAL AGRICUL TURAL ZONING DISTRICT (A) TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT TO ALLOW DEVELOPMENT OF A MAXIMUM OF A 1,000 MEMBER RELIGIOUS FACILITY, 150 STUDENT CUMULATIVE ENROLLMENT PRESCHOOL AND KINDERGARTEN THROUGH 8TH GRADE ELEMENTARY SCHOOLS, 2 SINGLE-F AMIL Y DWELLING UNITS, AND 200 ASSISTED LIVING UNITS, IN A PROJECT KNOWN AS THE NAPLES CHURCH OF CHRIST MIXED USE PLANNED UNIT DEVELOPMENT (MPUD). THE SUBJECT PROPERTY, CONSISTING OF 19.1 ACRES, IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD APPROXIMATELY 0.6 MILES SOUTH OF PINE RIDGE ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. - ADOPTED W /CCPC RECOMMENDATIONS AND FOR THE SOUTHERN WALL TO GO TO THE 103 FOOT MARKER Page 106 October 28, 2008 MR. MUDD: Commissioner, the next item is 8A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition PUDZ-2006-AR-I0294, Naples Church of Christ, Inc., represented by D. Wayne Arnold, AICP ofQ. Grady Minor & Associates, Inc., and Richard D. Y ovanovich, Esquire, of Goodlette, Coleman, Johnson, Yovanovich, and Koester, okay, P.A., is requesting rezoning from the rural agricultural zoning district to the mixed-use planned unit development, MPUD, zoning district to allow development of a maximum of 1,000-member religious facility, 150 student cumulative enrollment, preschool and kindergarten through eighth grade elementary school, two single-family dwelling units, and 200 assisted living units in a project known as the Naples Church of Christ mixed-use planned unit development, MPUD. The subject property consisting of 19.1 acres is located on the east side of Livingston Road, approximately .6 miles south of Pine Ridge Road in Section 18, Township 49 south, Range 26 east, Collier County, Florida. MR. ARNOLD: Thank you. Wayne Arnold. I'm here with Rich Y ovanovich and Bob Murrell from -- CHAIRMAN HENNING: You want to hang on a minute? MR. ARNOLD: Sure. CHAIRMAN HENNING: All wishing to participate in this item, please rise, raise your right hand, and be sworn at by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Ex parte communication. Commissioner -- who wants to go first? You're ready. Commissioner Coletta? COMMISSIONER COLETTA: Well, I have to talk to Mr. Arnold for just a second. Mr. Arnold, I'm sorry. I don't indicate that I Page 107 October 28, 2008 met with you on this. MR. ARNOLD: No, sir. I don't believe that we met with any of you on this. COMMISSIONER COLETTA: That's what I thought. No disclosures on this item. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: No disclosures for me either. CHAIRMAN HENNING: Me neither. Commissioner Halas? COMMISSIONER HALAS: No disclosures. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN HENNING: Mr. Arnold? MR. ARNOLD: Thank you. Good afternoon. I'm Wayne Arnold and I'm here with Rich Y ovanovich, and Bob Murrell is here representing the church. He's one of the church elders and on their board. This is an item that is for a church campus and has a component for assisted living and some of the recreational opportunities associated with the school and church on the rear parcel. We've got a color exhibit up on the board that shows you the yellow parcels are those that are related to the church specifically. The orange parcel to the east will be an area where we're going to put some initial, very informal recreational facilities. There's an existing home back there that would serve as a parsonage for a minister, and there may be some water management facilities there initially. But it's also identified as being the future site of an assisted living facility for the property. We have met with our neighbors to the north at Pasitano Place, and they were at the Planning Commission meeting. And one of the reasons that we didn't come to speak with you all in advance of this meeting is because we left the Planning Commission hearing with an Page 108 October 28, 2008 understanding that we had a unanimous approval from the Planning Commission and that staff was also in support of the project. Since that time we understood that staff had a concern with the two deviations that are discussed in your executive summary. So to the extent I can focus on what I think I understand staffs concerns to be, I'd like to do that. I mean, I can give you any of the overview you want, but we left the Planning Commission meeting with the understanding that our neighbors to the north, we would build our typical 15-foot wide buffer that would include a concrete wall, and that would be along the north property line. And those neighbors also had an objection to a residential component that we had, and they asked us if we would withdraw it, and that was a matter of debate with the Planning Commission. And after some discussion, we decided that it was probably in the best interest to eliminate the pure residential component. Nobody had a concern with the assisted living, and we would move on with the recommendation. So that's how we left that meeting. As I understand staffs concerns today, it involves two things. There are two parcels. One is designated community facilities for the church. The other was designated community facilities/residential, and that's where we were to have multifamily housing in addition to the option to have assisted living. And the Planning Commission, when we left their meeting, said, you know what, we don't really need a buffer between these two tracts as long as the church is the developer of both parcels. In the event that they're not the owner and developer of the rear parcel, then you should put a buffer to code. And staffs clarification with that is that buffer shouldn't be based on ownership. It should be based on use. And I don't disagree with that, and I don't think that was ever the intent. But they've said that that buffer should apply if there is a residential use. The only residential use that we're proposing back there is the Page 109 October 28, 2008 existing two single-family homes that are on this property, and they will remain for some period of time until the church really decides how to develop that parcel. So I don't know that I have an issue with staffs recommendation as long as I know I don't have to install a buffer between the minister's parsonage home and the church property itself. It seems -- it seems not typical that you would have to buffer your own minister's residence. So I don't think I have major disagreement with that, but I do need to clarify that, and staff can do that on the record. The second part of this is a little bit more troublesome for us because, as I understand staffs issue -- and I'll put up an exhibit that I created. You can pull away from that just a little bit, Mr. Mudd. I've highlighted them in bold red just so they're visible, but on the top of the screen you see about a 900-foot long red line that goes from Livingston Road right-of-way to our preserve, and that was what the Planning Commission said we should establish a wall in that area for the protection of the Pasitano Place neighbors to the north. And to the south I've highlighted the area where there's an existing wall that is part of the Aviano at Naples project that Toll Brothers developed. And as I understand staffs recommendation, they are asking us to either -- I don't quite understand, and they need to tell you this. Either they want us to extend on where the existing wall is to the south or they're asking us to put another wall in. I'm not certain which that is. But we debated this point with the Planning Commission. And you can see that where their wall stops, they start with their preservation area. And I've got dimensions on that exhibit. Hopefully you can see that. Likewise, to the north where we stopped our wall at our preserve, we have a 60-foot-wide buffer that's part of the preserve. Now, one of the things that I hope staff understood is that we've said that we're going to have a 15-foot-wide type B buffer north and Page 110 October 28, 2008 south, and that type B buffer, the only difference between -- there are two options. One is the type B buffer gets a five-foot-high hedge or you get a wall. And your code says that where you have nonresidential to residential uses, you need to use a wall. And we asked for a deviation to not have to put a wall in along all three sides of our property because we had these preserve areas on three sides. To the east we have a flow-way. To the south is a preserve that's part of A viano. And to the north we have our own preserve. And we felt like putting in opacity to meeting the hedge requirement made sense, but it didn't make sense to have a wall and go to that expense for the church. And to the south, my example is simply that they're a gated community, they put in their own facility, but not only do I have their preserves, I've got a 170-foot-wide Florida Power & Light easement that separates our development tract from their property line, plus I'm having my 15-foot-wide buffer with a hedge. We think that's adequate. We don't think it deserves a wall, and I think that's the essence of our disagreement. The Planning Commission agreed with us. It's my understanding staff does not. That's where I think we are with our disagreement with staff. I'm happy to answer other questions or to give you more detail. I'd like to hear from staff as well so I clearly understand what they're asking us to do and why they disagree with that deviation. CHAIRMAN HENNING: Questions by the board members? MR. ARNOLD: I'm sorry. I would point out -- Rich just reminded me that the residents of Positano, we had members of their board here, and they supported exactly what the Planning Commission approved. We had nobody here from Aviano at Naples, and they were a noticed property owner as well. CHAIRMAN HENNING: Questions by the board members? Page 111 October 28, 2008 Commissioner Fiala -- Halas? COMMISSIONER HALAS: I talked to staff about this, and I guess this is kind of the spillover of Stevie Tomato's so that there's some kind of buffering so that we don't run into a problem with adjoining neighborhoods later on after this is developed, and obviously a church grounds is not going to be Stevie Tomato's, but I think maybe that's what the mindset is here. And as you said, it would be interesting to hear what staff has to say on this before we get too far entrenched in this particular item. MR. ARNOLD: I think one thing I would add, Commissioners, Rich and I have looked at a lot of different church facilities around the community, and it's very rare that you find a church facility that has walled itself off from even its most closer residential neighbors. I mean, you can go to a community like Port Royal in the City of Naples and find that the church that's an integral part of that community isn't walled off from its residential neighbors. I think, likewise, you can look at almost any of the other more recent churches that have been built. And the one issue that came up, there was a church, I guess -- it was somewhere in Golden Gate Estates, there was a recent case, and that's why the Planning Commission felt so strongly about a wall to the north because we had such an immediate neighbor there. And the church agreed that they should put the wall in in that location. But where we have a separation that approaches 200 feet across an FP&L easement with a buffer, to a buffer and a wall, it didn't make sense for us to have the a church try to go to the extra expense of building a six-foot-high masonry wall. CHAIRMAN HENNING: Okay. Any other questions? Ms. Gundlach? MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach, Principal Planner with Zoning and Land Development Review. Page 112 October 28, 2008 And staff is recommending approval of this PUD but it is subject to stipulations. As Wayne had mentioned, there are two items that we are not in agreement with and they have to do with the buffering. And I'll show this on the visualizer. We can use the graphic that's on the visualizer at the moment. Staff is requesting that the required minimum code landscape buffer between -- and I'm going to point to it. Okay. I think everybody can hear me. It's this area right in here that we're concerned about the buffer. And we want it to be associated with land use, not ownership. Should this be developed with an adult congregate living facility, you know, obviously it's not compatible with the church. And the other area that we are not in total agreement on is the wall requirement. And currently as the PUD is written -- I drew in where the walls would be. And the -- I don't know if you can see that heavy kind of greenish-black line. That's where the wall would be as proposed by the PUD. And I've been out to the site twice, and the preserve areas that are processed are pinelands. And if you're familiar with pinelands, they're very, very thin once we remove the exotics. As a matter of fact, my next-door neighbor's in the process of doing that with his new home. There's barely anything left. It does -- it lacks the opacity to serve as a buffer, and that's what we're concerned about. This is a proposal for a church of a thousand members. As you know, as the days get shorter, as they are now, when we have Wednesday night services, the headlights are an issue for neighbors. We're concerned about the 150 pre-school to eighth-grade-age school children. They tend to be a little noisy. And there's a lot of traffic generated with the mothers picking up their children, so that's what we're concerned about for the adjacent residential neighbors, and that is why we are requesting that the minimum code required wall be provided in those locations where Page 113 October 28, 2008 they're currently not provided. Also I wanted to mention to you that during the SDP process there is an administrative deviation process that they could apply for should they be able to demonstrate that there is adequate opacity with the existing pinelands. And if you have any other questions, it's my pleasure to answer them. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Coyle. COMMISSIONER FIALA: I heard what you said, Nancy, and I wouldn't have thought of that myself as far as the huge 200-foot expanse that -- you know, I wouldn't have thought that a wall would be needed, but I heard what you said. But I just can't understand why the -- if the church is building a retirement community or an ALF right there on their own property and people would maybe want to walk to church, why would we have to put a wall there? That's the only one I'm having a real hard time swallowing. MS. GUNDLACH: Do you -- Commissioner, do you mean the area between -- COMMISSIONER FIALA: Yes. MR. MUDD: Yellow and the orange. MS. GUNDLACH: Right here? COMMISSIONER FIALA: Yes. MS. GUNDLACH: Okay, understood. COMMISSIONER FIALA: That one doesn't seem to make any sense to me, but I understand the other ones. MS. GUNDLACH: Okay. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Well, you never can tell when those old people will get sort of wild and start having noisy parties here. Now, what I'd like for you to do is to tell me on this diagram Page 114 October 28, 2008 where you are proposing walls north and south. MS. GUNDLACH: Okay. Is it okay with the applicant in draw on your graphic? Okay. COMMISSIONER COYLE: Oh. You don't have to draw. You can just put a pencil -- MS. GUNDLACH: So it would be -- see where this swirl ends right here? COMMISSIONER COYLE: Yes. MS. GUNDLACH: It would continue along here. COMMISSIONER COYLE: How far? MS. GUNDLACH: All the way to the end, and then -- I drew up a little graphic if you would like me to show it to you -- and then it would continue along here and be on the edge of the preserve. COMMISSIONER COYLE: You mean put a wall all the way around? MS. GUNDLACH: Correct. That's the current minimum code requirement. COMMISSIONER COYLE: Without -- you mean that preserve area to the south there, the lower right-hand corner, is not sufficient buffering? MS. GUNDLACH: Actually, when I was out and I did my site visit, that's what I observed. COMMISSIONER FIALA: So what are we buffering it from there? I'm sorry. I didn't mean to jump in. COMMISSIONER COYLE: Well, what are we buffering it from there? MS. GUNDLACH: We're buffering the church from the surrounding residences. COMMISSIONER COYLE: Yeah. We don't want those trees to be seen from the church; is that it? Okay. Wow. How much did you just add to the cost of this project? Page 115 October 28, 2008 MR. ARNOLD: Can I answer it? MS. GUNDLACH: Okay. MR. ARNOLD: I can't tell you specifically because I haven't added up the linear square footage, but I think we're thinking that the cost estimates for the wall are going to be somewhere between 60 to $80 a linear foot, and we've already got 900 foot shown to the north, so it's a substantial amount of money to the church. And I think in hear staffs objection, you know, the -- one of the reasons that the Positano folks wanted the wall to the north was because we have a travel isle that's near them, they have homes nearby. It was going to add some additional noise buffering in addition to just pure opacity. And I think it's clear from our plans and the plans that we've submitted to the county that we intend to have the type B buffer which has opacity in the form of a hedge. Our disagreement is that we have to achieve the opacity with a wall, especially when you look at the expanse of the preserve to the south. We've got a preserve that's over 100 feet wide to the east, and then to the north our minimum preserve distance is about 60 feet. And I think we can certainly make it a very attractive project to add a hedge and other vegetative materials to achieve the opacity rather than go to the expense of a wall where we don't have a lot of activity near anybody else. COMMISSIONER COYLE: Okay. Let me suggest a proposal for you. Suppose you extended the southern wall to the 103-foot setback marker there, which would provide adequate protection for those homes, and then have an opaque landscape buffer from that point on all the way around the property? And then -- did I understand correctly that you really are -- and I'm talking to the staff now -- you really are proposing that a wall be built north and south through this property dividing it into two pieces? Is that what you're suggesting, too? Or is that a green hedge? Page 116 October 28, 2008 MS. GUNDLACH: It depends on how that rear property is developed. COMMISSIONER COYLE: Okay. MS. GUNDLACH: If it's a community facility, there will be no wall required. COMMISSIONER COYLE: Okay. If it's a parsonage? MS. GUNDLACH: If it's parsonage it would still be required because it's a residential use. COMMISSIONER COYLE: They want to wall that guy off there, right? MS. GUNDLACH: That's the code requirement at the moment, yes. COMMISSIONER HALAS: We're going to have canons there. COMMISSIONER COYLE: We'll lock the gate. Okay, I got it. All right. CHAIRMAN HENNING: I can hear some frustration up here. Commissioner Coletta, and then if you don't mind, I'm going to go after that. MS. GUNDLACH: Commissioner, I just wanted to bring up a point with you. You had mentioned earlier, perhaps, extending the wall to the point that says that 103 and then adding additional landscaping for opacity. That would be acceptable to staff. It just hasn't been offered before. COMMISSIONER COYLE: I just offered it. MS. GUNDLACH: Thank you. COMMISSIONER COLETTA: Now my question deals with the proposed wall that you were talking about on the back side of the project, on the far right. Yeah. The thing is is that I have no idea what's -- as far as residential goes from the right going the distance where the next residential is, how far away it is. MS. GUNDLACH: Okay. I can probably show you that on the Page 117 October 28, 2008 MR. MUDD: Okay. Let me zoom it up just a little bit. Get us in the ballpark. Okay. MS. GUNDLACH: Okay. MR. MUDD: He's talking about right here. MS. GUNDLACH: This is the proposed residential development here. COMMISSIONER COLETTA: And what we have there between the two is a green area which isn't too green. It looks like maybe the trees have been cut down. It's just a, what, prairie, or is it -- MS. GUNDLACH: Flow-way. It's called a flow-way. COMMISSIONER COLETTA: Flow-way. So that in itself doesn't offer anything as far as screening goes? MS. GUNDLACH: Correct. COMMISSIONER COYLE: They've got about 150 feet on the other property to the right. COMMISSIONER COLETTA: A hundred and fifty feet, but -- no, that can't be 150 feet, that little green ribbon of line -- COMMISSIONER COYLE: No. The property -- on the property to the right. MS. GUNDLACH: Here? COMMISSIONER COLETTA: Oh, no. COMMISSIONER COYLE: Right there. MS. GUNDLACH: Here. COMMISSIONER HALAS: Right there. CHAIRMAN HENNING: Right there. COMMISSIONER COLETTA: Yeah. You have about 150 feet, but you're looking across an expanse and you've got a -- what is that, about a 60- foot buffer that's there, the green buffer? MS. GUNDLACH: That-- COMMISSIONER COYLE: It's about 40 feet. COMMISSIONER COLETTA: Forty feet. MR. MUDD: Well, if it's -- Page 118 October 28, 2008 COMMISSIONER COLETTA: Forty feet, and it's just -- basically just pines, correct? MS. GUNDLACH: Yeah. That's a preserve area of about 40 feet. COMMISSIONER COLETTA: That's not just pines. Richard's shaking his head no. MS. GUNDLACH: Type B buffer there also. COMMISSIONER COLETTA: Well, yeah. I'm kind of curious of what's going to be there. If it's only 40 feet, what kind of a buffer can we put in there that will actually act as a screen? MR. YOV ANOVICH: Commissioner, that's the required hedge that has to be opaque. It's just -- we're doing it through hedge material versus through a wall. And remember, a lot of these issues came up when we were talking about putting residential back there. The concern was kids and noise, but when we decided to eliminate residential and put an ALF, people believe that, other than an occasional older person, it would be fairly quiet back on that orange piece. So a lot of the noise concerns, or all the noise concerns, frankly, went away and the argument for the wall was sound attenuation, and that's why Positano said, bring the wall to where we agreed to bring it. That -- the noisy part of the operation would be the church. We'll have a wall there so that will shield the church. Anything to the east of that, we don't -- we, Positano, don't believe a wall's necessary. We can meet the opacity through the screening materials and the hedge. And frankly, the same thing was on Aviano's side. Ifwe need to get -- to get four affirmative votes to extend the wall to the 103 portion of that, we'll agree to do that. That's additional cost. It was felt unnecessary by the Planning Commission, but we'll do that. We'll extend the wall and then continue on with the screening from the hedge, and we'd propose doing the screen from the hedge all the way around from that point because the noisy portion of the business, the Page 119 October 28, 2008 church, if you will, if you can call noisy, is all being buffered by a wall. And then the quieter ALF and parsonage would be -- we don't think it's necessary to have a wall there. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Nancy, you mentioned there's exotics in the preserves. MS. GUNDLACH: Yes, sir. CHAIRMAN HENNING: Which preserves? MS. GUNDLACH: All of the preserves that you currently see there on the Naples Church of Christ's property. CHAIRMAN HENNING: Zoom it out. MS. GUNDLACH: Okay. CHAIRMAN HENNING: The Deputy County Manager will help you. MS. GUNDLACH: This area right here is the preserve -- is the preserve area for Naples Church of Christ. CHAIRMAN HENNING: Okay. And it's a -- is it a wetland preserve? MS. GUNDLACH: Applicant says no. CHAIRMAN HENNING: Okay. But you were out there, right? MS. GUNDLACH: Yes. I didn't see any lakes or water -- standing water out there when I was out there. CHAIRMAN HENNING: What happens to exotics when you pull them out? Does it just become -- no more growth will happen in there? MS. GUNDLACH: Actually we do have environmental if you'd like for them to answer that question. I could certainly answer it for you. What happens is, you remove them and they tend to come back if you don't maintain it. And they are -- and we are allowed to -- we are required to maintain our preserve areas. CHAIRMAN HENNING: Right. So if you -- if you maintain it, what happens? Page 120 October 28, 2008 MS. GUNDLACH: In theory, no exotics should come back. CHAIRMAN HENNING: What goes in it's place? MS. GUNDLACH: Hopefully the natives grow back. CHAIRMAN HENNING: Right. Why would -- Commissioner Coyle, if you could help me. Why would you want to buffer, put a landscape buffer to the south where that large, wide preserve is existing? Why would that need buffering? COMMISSIONER COYLE: Well, there -- the one reason that I thought a hedge would be appropriate there is because, number one, they've already planned the hedge there. They are planning to do that, and I assume they had a good reason. But my reason would be that lower green strip there is dry retention and it is recreational area. And if you're going to have school children out there playing, there should be some defined limits to that property. CHAIRMAN HENNING: Okay. I got it. COMMISSIONER COYLE: Okay. And so that's what I was looking to do. And since a staff member had said that the pine trees at the southern end of this property are sort of thin, it would be good to have a hedge to define the limits of the property and serve to contain the students on the church property -- CHAIRMAN HENNING: Right. COMMISSIONER COYLE: -- so they don't go wandering off. CHAIRMAN HENNING: All right. Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: You know, I'm okay with Commissioner Coyle's idea about this conditional use if somebody wants to make a motion. COMMISSIONER HALAS: Question? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What about the elimination of the wall in the center of the property that runs north/south? Page 121 October 28, 2008 CHAIRMAN HENNING: That's a buffer. No, wait a minute. COMMISSIONER HALAS: No. They talked about a wall in there, too. CHAIRMAN HENNING: Okay. I forgot. COMMISSIONER HALAS: The wall that's in -- north and south. Do we really -- do we need a wall, really need a wall there? What you've got is two homes in there at the present time, and maybe if you put a stipulation, if there's any other further development, then a wall has to go in. But at this point in time, no wall is to go in there. MS. GUNDLACH: That would be appropriate. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Mr. Y ovanovich? MR. YOV ANOVICH: Remember, you only have to do a wall when you have residential adjacent to nonresidential. An ALF is not a residential use, so the code doesn't require a wall between the church, which is nonresidential, and an ALF, which is also nonresidential. What's triggering it is the two existing homes that we will be using for the minister, so -- COMMISSIONER HALAS: That's what I'm saying. Right now you've got two homes in there. MR. YOV ANOVICH: And we've agreed to limit those to people who work at the church. So we are saying, why would you make us build a wall to separate people who are working at the church from the church? Now -- and then we've said further, if we end up -- ifit becomes a non-church-owned ALF, if you want us to put a buffer between the two, then we'll do that. But if it's a church-owned-and-operated ALF, why would you ask us to put in a wall to make it more difficult? COMMISSIONER HALAS: I'm on your side. MR. YOV ANOVICH: I'm with you. I'm just -- we're trying to convince staff of that. It was more of a rhetorical question actually. So we -- and the Planning Commission agreed. It's just that staff has Page 122 October 28, 2008 said, code -- yes, code requires it. We're asking for a deviation from the code and we think we've given you good reasons to support the deviation. And we would ask that you would support the deviation, I guess, if -- with Commissioner Coyle's change that we would extend the wall on the south boundary to the 103 marker, and we would have -- which we already planned on doing -- which is the hedge, connecting the new end of the wall all the way to the other end -- to the other wall on the north. COMMISSIONER HALAS: And no wall running north and south? MR. YOV ANOVICH: And no wall in between. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Want to make a motion? COMMISSIONER COYLE: Yeah, sure. I'll make a motion that the land -- the wall -- the existing wall on the southern end shall be extended to the 103- foot setback marker and that the remaining of the perimeter of the property be enclosed by a vegetative buffer and that there would be no wall -- the northern wall would not have to be extended beyond its current limits, and that the division between the residential area and the church area will -- a landscape buffer will be sufficient. There will be no wall there unless -- unless it becomes a residential area that is not under the control and ownership of the church. CHAIRMAN HENNING: Okay. Let me just summarize the motion, and staff can help me, and Mr. Y ovanovich. You want to approve the Planning Commission's recommendations with the addition of the southern wall, would go to 103 feet? COMMISSIONER COYLE: Yes. COMMISSIONER HALAS: That's right -- MR. MUDD: The 103-foot-- MR. YOV ANOVICH: Marker. Page 123 October 28, 2008 MR. MUDD: -- marker. CHAIRMAN HENNING: Marker. MR. MUDD: Okay, that's on this -- on this depiction, and this depiction is now going to become part of the record. COMMISSIONER COYLE: And that's a setback marker. It's not a wall-length market. It's a setback -- MR. MUDD: No, that's just a -- just between the house and where the bushes would be. CHAIRMAN HENNING: Is that pretty much summarizing the motion? MR. YOV ANOVICH: I think that's it. My question was -- because I didn't hear you specifically mention the no requirement for a wall on the eastern boundary. But when Commissioner Henning brought that up, that clarified what my concern was. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER HALAS: Yeah, second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Halas. Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: Discussion on the motion? Is the motion clear, Nancy? Do you need any clarifications? MS. GUNDLACH: It's -- the motion's clear. CHAIRMAN HENNING: Okay. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Page 124 October 28, 2008 (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #8B RESOLUTION 2008-317 A: PETITION DRICLO-2008-AR-13181, JOHN 1. AGNELLI OF POWER CORPORATION REPRESENTED BY DWIGHT NADEAU OF RW A, INC., IS REQUESTING A CLOSE-OUT OF THE BERKSHIRE LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI). THE SUBJECT PROPERTY HAS A ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE BERKSHIRE LAKES PUD, AND IS LOCATED AT THE NORTHWEST CORNER OF DAVIS BOULEVARD (SR-84) AND SANTA BARBARA BOULEVARD, IN SECTIONS 32 AND 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - MOTION TO APPROVE BUILDOUT AGREEMENT W/STIPULATIONS - ADOPTED MR. MUDD: Commissioner, that brings us to our 2 p.m. time certain. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's DRICLO-2008-AR-13 181, John 1. Agnelli of Power Corporation represented by Dwight Nadeau of R W A, Inc., is requesting a closeout of the Berkshire Lakes development of regional impact. The subject property has a zoning designation of planned unit development known as the Berkshire Lakes PUD and is located at the northwest corner of Davis Boulevard, State Road 84 and Santa Barbara Boulevard in sections 32 and 33, Township 49 south, Range 26 east, and Section 5, Township 50 south, Range 26 east, Collier County, Florida. Page 125 October 28, 2008 CHAIRMAN HENNING: Do we have to swear at anybody on this one, Mr. Klatzkow? MR. KLATZKOW: (Nods head.) CHAIRMAN HENNING: All wishing to participate in this item, please rise, raise your right hand, and the court reporter will swear you m. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Ex parte communication. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I had meetings with Dwight Nadeau, and correspondence, and that's about it. Talked to staff. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, correspon -- meetings, emails and calls, I met with Dwight Nadeau, John Agnelli, Heidi Ashton, and this gentleman. I'm sorry. I forgot your name. MR. NADEAU: Lane Wood. COMMISSIONER FIALA: Lane Wood. I'm so sorry. CHAIRMAN HENNING: I met with the petitioner and petitioner's agent and counsel, staff, and also received a notebook from the property owner and met with the property owner. Commissioner Halas? COMMISSIONER HALAS: Yes. Met with Marjorie Student way back in 5/2/06, met with Dwight Nadeau, Wayne (sic) Wood, and John Agnelli on 10/23/08, and had meetings with staff on this -- questions in regards to this PUD and the DRI. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have met with Dwight Nadeau, John Agnelli, and Lane Wood. I have received correspondence concerning this topic, and I've talked with the County Manager. CHAIRMAN HENNING: Mr. Nadeau? Page 126 October 28, 2008 MR. NADEAU: Good afternoon, Commissioners. For the record, my name is Dwight Nadeau. I'm planning manager for RW A, representing the petitioner in this DR! closeout 2008-AR-13181. With me today is Mr. John Agnelli of Power Corporation, Mr. Lane Wood of Salvatori and Wood, Mr. Ken Metcalf of Greenberg Traurig, and Mr. Metcalf is the former Department of Community Affairs regional planning administrator for the southeast region. The purpose of this petition is to close out the Berkshire Lakes DR! pursuant to sections 3.80.(3) and 3.80.06(15)(G)4A of the Florida Statutes and the Collier County's DR! closeout procedures. This is the first DR! closeout that you will have come before you. There may be -- staff has indicated that there will be others that will come before you. You mayor may not want to follow the format that we have with staff as well as with our presentation. We've been working on this DR! closeout for three-and-a-half years, and we're -- effectively what we're looking for is an essentially built-out agreement for 73,100 square feet of commercial shopping center land uses. It would be located in the areas as identified on the aerial photo exhibit on your visualizer. There are two remaining parcels to be developed in the commercial component of the Berkshire Lakes DR!. They are that parcel 1 and parcel 3. Exactly, Mr. Manager. As is indicated by Mr. Mudd. The 73,000 square -- 73,100 square feet that is being proposed is to add 56,000 square feet of retail. That includes the thirty-one hundred thousand (sic) square feet for the Mobile station expansion as well as 14,000 square feet of office land uses. The debate you'll hear today relates to the PUD issues that staff has associated with the DR! closeout. Your staff in the executive summary has made two recommendations. We would like you to close out the DR! following condition number one wherein the board would recognize by policy that the PUD document for Berkshire Page 127 October 28, 2008 Lakes PUD was specific in the land use summary such that the acreage of commercial allocation is 42-and-a-half acres. There are no outstanding issues related to the DRI closeout, and staff is recommending an adoption of this. Now, the procedures of those sections of the statute is a process of a three-party agreement between the local government, the DCA, and the developer such that all DRI commitments have been satisfied. And with that, I'm going to introduce Mr. Ken Metcalf who's going to go through a little bit about the DRI process, and then we'll move on to some testimony by Mr. Wood related to the construction of the PUD ordinance. MR. METCALF: Good afternoon. For the record, my name is Ken Metcalf. I'm the director of planning with Greenberg Traurig in Tallahassee, 101 East College Avenue. What I'd like to do this afternoon is just briefly talk about the EBOA, the essentially built-out agreement process. The legislature added this as an option for DRIs many years ago, and the reason they did that is, as these DRIs wind down and we're developing out the remaining parcels, the statute just wasn't very clear. Well, how do you finally close out a DRI? What do you do to bring closure to this long process that's gone on for a couple of decades? And what the legislature decided is, it's okay to close out a DRI in a number of different ways. One approach would be to execute an agreement between DCA, the Department of Community Affairs, the local government, and the developer. If all the parties agree that the build-out of the DRI will not result in more impact than originally allowed by the DRI, DCA's good with it. The statute allows you to execute an agreement as long as it doesn't result in more impacts. Now, there's some other options for closing out DRIs, and we could have availed ourselves of those options. Two years ago we agreed to go down this path in concert with your staff to work out an agreement, frankly, that I think is in the Page 128 October 28, 2008 Lakes PUD was specific in the land use summary such that the acreage of commercial allocation is 42-and-a-half acres. There are no outstanding issues related to the DRI closeout, and staff is recommending an adoption of this. Now, the procedures of those sections of the statute is a process of a three-party agreement between the local government, the DCA, and the developer such that all DRI commitments have been satisfied. And with that, I'm going to introduce Mr. Ken Metcalf who's going to go through a little bit about the DRI process, and then we'll move on to some testimony by Mr. Wood related to the construction of the PUD ordinance. MR. METCALF: Good afternoon. For the record, my name is Ken Metcalf. I'm the director of planning with Greenberg Traurig in Tallahassee, 101 East College Avenue. What I'd like to do this afternoon is just briefly talk about the EBOA, the essentially built-out agreement process. The legislature added this as an option for DRIs many years ago, and the reason they did that is, as these DRIs wind down and we're developing out the remaining parcels, the statute just wasn't very clear. Well, how do you finally close out a DRI? What do you do to bring closure to this long process that's gone on for a couple of decades? And what the legislature decided is, it's okay to close out a DRI in a number of different ways. One approach would be to execute an agreement between DCA, the Department of Community Affairs, the local government, and the developer. If all the parties agree that the build-out of the DRI will not result in more impact than originally allowed by the DRI, DCA's good with it. The statute allows you to execute an agreement as long as it doesn't result in more impacts. Now, there's some other options for closing out DRIs, and we could have availed ourselves of those options. Two years ago we agreed to go down this path in concert with your staff to work out an agreement, frankly, that I think is in the Page 128 October 28, 2008 interest, the best interest of the developer as well as the county. And what I'd like to do is just touch on a few points with the EBOA and the relationship between the DRI and the PUD. I think it's important as we talk about the PUD and what's required, that we put that -- we put that requirement in context. And most importantly, if you look at the DRI process, the reason that they've utilized the essentially built-out process is to allow flexibility for these DRIs, because at the end of the DRI build-out, you're not quite sure where you may stand on various land uses. They wanted the flexibility to be able to switch out land uses over time. And so you see in that second point that one of the key procedures here is to be able to switch out land uses. And indeed, that's what's occurred in this process. We've switched out self-storage that was built some years ago -- it was approved in 1996 -- rather than commercial. And it's important to understand -- and sometimes a picture tells a thousand words better than I can in a narrative the different impacts between self-storage use and their kind of retail/commercial that was anticipated by your PUD and by the DRI. So there's a picture of our self-storage that was built; 129,000 square feet and some change. As you can see -- and this was a typical -- it was actually last Saturday, I believe, we took this picture. It's pretty much the typical self-storage situation now. And then you see a car drive up and people are dealing with their own personal self-storage. There are no businesses occurring within any of these bays. And in fact, that's -- Mr. Wood's going to talk about the details of the PUD in a moment. I'm trying to put it in context in terms of impact or the lack thereof. Now there's the commercial that was really, really anticipated by the DRI and by the PUD. And, of course, you can see typical retail shopping -- that's Berkshire Commons -- generates substantially more trip generation, water/sewer use than self-storage. Self-storage is efficiently no-impact use. You deal with your drainage and you've Page 129 October 28, 2008 dealt with the use. And so I think that context is very important as we -- as we go forward and look at -- and we look at the requirements of the PUD. I think that the PUD is general by intent. In other words, it only limits commercial to 40 -- what was it -- 42-and-a-half acres rather than specifying a commercial square footage limit. Why was that done? Well, you had a DR! that was adopted in conjunction with the PUD. The DR! had a limitation of375,000 square feet that was anticipated in the application itself. It's not even in the development order. There's no mention in the development order, but it is in the application. So you go back to that original application. Did it anticipate 130,000 square feet of self-storage? No, no. It anticipated 375,000 square feet of retail and office which are high-trip generators. And so what we've done is switched out these uses that are allowed -- that's allowed through the DRI process. So if you look at number four, we have the self-storage. It was approved with the condition to not allow commercial activity. That's, in fact, what's occurred. Number five, it's interesting, in 2006 the legislature and DCA recognized this lower impact use. They recognized self-storage as, in fact, not a typical retail/commercial use. And for that reason, they exempted the use completely from the DR! process. So if you want to do self-storage, all you have to do in a DR!, in an existing DR!, is evaluate, show the impact of that self-storage use and the difference between what you were approved for and what the impacts would be with that self-storage use added and substituted for some of the retail. And that's exactly what we've done. We've provided that traffic study that I've prepared. FDOT has agreed to it, your own transportation staff has agreed to it, DCA has agreed to it. So we've reached a conclusion that, in fact, the essentially Page 130 October 28, 2008 built-out agreement causes substantially less impact than the original DR!. The EBOA, the agreement is consistent with the PUD because it's consistent with the acreage limitation in the PUD. And finally, if you look at the last statement, the EBOA with the existing commercial that was built and the additional commercial that's anticipated in the agreement, result in a total of315,000 square feet of commercial, and that's versus 375,000 as allowed in the original DR!. So what we have here is essentially a 60,000-square-foot reduction in commercial that could have been built in the DR!. Would have had a lot more impact, I promise you. So we're, you know, 60,000-square-foot reduction in retail, and the exchange for that was 129,000 square feet of self-storage. And you can see from the pictures, they do more justice to it than my traffic study in explaining the outcome of that -- of that exchange of land uses. And so, you know, Mr. Wood's going to go through the details of the PUD language. I'd just ask that you keep that context in mind, recognizing -- and it's not unusual that a PUD, when it's adopted in conjunction with the DR!, would, in fact, rely on the DR! for the intensity controls. It relies on the DR! so that if you go in and you modify the DR!, you make switch-outs like this, you don't have to go back and change your PUD every time, and that's the whole purpose in adopting a more general standard in the PUD. So we have 42-and-a-half acres in the PUD. The intensity allowed by the DRI can be adjusted. That's what's occurred. Land uses can be switched out as long as impact is less. That's what's occurred. And we're consistent with the PUD. So that, Mr. Wood will walk you through that language. And I'll answer questions now or later. CHAIRMAN HENNING: Before we go to Mr. Wood, if you Page 13 1 October 28, 2008 could just -- the first document that you had on the visualizer, that's the site plan or the aerial. You know, I don't know of anybody that didn't anticipate the area in yellow not to be developed. My concern was that with -- there's no language in the DR! and how much can be built, that we would have a whole bunch more, like a million acres -- or a million square feet as we discussed. The essentially the built-out agreement states what the square foot is going to be. The next thing is, there are controls, internal controls, in the acreage because you've got to have your water retention within the development, you've got to have your landscape buffer. You're going to have to have a fire lane in the back to continue that on. You're going to have to have your landscape buffers. More importantly, you're going to have to have your parking for the commercial use. So there is controls in place. I never could understand how you can say, however many square feet is however many you can put in there, but the controls is the infrastructure that has to go into it, one of them being the parking, and that's the biggest one. I -- I mean, you know, I like the recommendation that staff has done, is number one, that the BCC finds the Berkshire does not have to provide a cap on the commercial square foot. I don't think they need to amend the PUD, so I'm going to make a motion that we approve the essentially built-out agreement. COMMISSIONER FIALA: I'll second your motion. And I'll just add, I had the same notes on here that you just said. I said -- which is why -- number one I circled, which is why the parcels are still vacant because they expected to build on them, and you said the same thing. CHAIRMAN HENNING: Yeah. I mean -- and everybody in the area had, I would assume, the same anticipation. What's going to be there and when is it going to be there? Commissioner Halas? COMMISSIONER HALAS: This display that we see presently, Page 132 October 28, 2008 is this the 42 acres of commercial, 42-and-a-half acres, all of this? MR. NADEAU: Actually no, Commissioner. It -- the 42 acres would encompass the northwest quadrant of the intersection of Davis Boulevard and Santa Barbara where the guardian storage is in that little strip center with balloons and pottery, and then the Countryside Commons, which is in the southwest quadrant of the intersection of Radio Road and Santa Barbara. This is the remaining commercial site, and that's the Berkshire Commons parcel. So of the total areas, this is, let's just roughly say one-third of it. COMMISSIONER HALAS: Okay. Question I have for staff, and then I'm going to ask the same question to the County Attorney. Staff says this is violating our FLUE policy 5.1, okay, and maybe staff can give me their interpretation of it, and then I'm going to ask the same question of the County Attorney, because obviously there's a difference of opinion here. MR. WEEKS: David Weeks, comprehensive planning manager in the comprehensive planning development. Commissioners, the zoning on this property is, of course, PUD. It includes residential components and commercial components. The subject property -- the subject commercial tract that you're seeing, as well as the commercial across the street to the south, is not located within a mixed-use activity center or any other future land use map designation that allows commercial development. And prior to, I think, all of you commissioners coming onto the board, back in the early 1990s, the county implemented a zoning re-evaluation program, short and simple. We had a lot of property zoned commercial and, some cases, high-density residential, and that zoning was not consistent with the designation on the Future Land Use Map. The objective of that program, zoning re-evaluation program, was to try to change the zoning so that it would be consistent with the Future Land Use Map. That program included different types of Page 133 October 28, 2008 applications that allowed the property owner, if they qualified, to keep their zoning. This particular DR!, PUD and DR!, was one of those that did qualify for an exemption so that it was precluded from being down zoned. That exemption was based on the fact that this is a development of regional impact. Policy 5.10, which is listed in your executive summary, provides that these properties, granted an exemption, are allowed to retain their zoning and they're allowed to go ahead and be developed. It also says that -- I'll quote from it -- nothing contained in this policy shall exempt any development from having to comply with any other provision of the Growth Management Plan other than the zoning re-evaluation program. And the balance of the policy as it's consistently applied since the early 1990s is that these properties are allowed to developer the zoning on the property at the time that the exemption was granted, and if that zoning had any limitations on development, then those would continue to apply. The exemption would not allow for any development beyond what the zoning allowed at the time of the exemption. Staff believes that the 375,000-square-foot figure in the PUD is, in fact, a cap on the amount of commercial that can be developed; therefore, staffs position is that FLUE policy 5.10 allows the 375,000 square feet to be developed but no more. And because that application is asking for additional square footage, our opinion is, it is not consistent with policy 5.10. COMMISSIONER HALAS: And you're considering that the self-storage is considered what? MR. WEEKS: That is commercial development under the Collier County zoning regulations and the Future Land Use Element. COMMISSIONER HALAS: Okay. County Attorney? Because obviously your findings are somewhat different. Page 134 October 28, 2008 MR. KLATZKOW: As I read this PUD -- and my opinion's confined just to this PUD, not to any PUDs. COMMISSIONER HALAS: DRIs. MR. KLA TZKOW: No, this PUD, okay, I see that they were granted 42.5 acres of commercial but there was no maximum square footage. If you look at the PUD they have a maximum number of dwelling units, so that's set at a certain number, but they do not have a certain number of maximum commercial. What they have is an estimated absorption schedule. So over the years, their estimate will be 375,000 square foot. That's just an estimate. So as I read this, there is no cap of 375-, so that my reading of this differs from that of Mr. Weeks. COMMISSIONER HALAS: When -- because of the way that it was written, like 375,000 square feet approximate? MR. KLATZKOW: No. What it says is, when you look at it, it gives you the maximum number of dwelling units, which I think is 4,200, but it doesn't give you any maximum square footage for commercial. What it says is, you get 42.5 acres of commercial. Then there's a chart that gives you an estimated market absorption schedule so that over the course of 20 years, the estimate was it would be 375,000, but it's just an estimate. It's not a cap. COMMISSIONER HALAS: So the 375,000 is just a fictitious number then? MR. KLATZKOW: No, it's not fictitious. It was their estimate. And at the time they did this, they were including, for example, the storage, the self-storage in that. That got taken out of it through the legislation. But having said that, it was just an estimate. I mean -- COMMISSIONER HALAS: Even though the self-storage was built prior to legislation by Tallahassee saying that the self-storage is not considered commercial; is that correct? MR. KLATZKOW: That's correct. Page 135 October 28, 2008 Now, having said all that, if the county way back when wanted to cap this at 375-, the county could have said, maximum square footage commercialof375-. County didn't do that. All right. All the county said was, your estimated absorption schedule is 375-, and that's, in Mr. Week's view, he interprets that as being a cap. I don't see that as being a cap. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have a couple of questions, first for the petitioner. Explain to me why it is important that you have an early build-out agreement for this property. MR. WOOD: Good afternoon, Commissioners. My name is Lane Wood, and I'm the attorney for the petitioner. We've discussed this, you know, at length with the staff. One of the things that we want to do -- and this whole essentially build-out process, this is the culmination of a two-year attempt to get everything resolved. And one of the things that staff had indicated previously that they would like to do is see some finality to this. The EBOA limits us. It tells you exactly what future development will occur and within what period of time. As we sit here today, until we do this EBOA, you don't have that. And as other people have ably noted, the PUD document, it has a section on the land use schedule and that caps it at 42-and-a-half acres. It doesn't cap the square footage. And in theory, you might say, well, okay, could you develop an infinite amount? The answer is, no, because of physical requirements and the other regulations, development regulations, within the PUD. So there is some limit. But what is it? Nobody really knows. With this agreement that we're offering, the one that was included in your executive summary materials, we specify exactly -- excuse me. We specify exactly what development will occur and at what time Page 136 October 28, 2008 frame it will occur in. So this gives you some certainty as to that process. COMMISSIONER COYLE: I still don't understand why I can't do that without an early build-out agreement. MR. MUDD: Well, Commissioner, staffs not going to approve the development of site three and one, those ones I showed you when he pointed -- I didn't know which one was three and which one was one, but I pointed to the two vacant places, and I'm assuming that I was at least right 50 percent of the time where I was pointing. Staffs not going to approve development on those sites until the clarification of the 375,000 square foot of commercial space is decided. COMMISSIONER COYLE: Okay. MR. MUDD: In staffs view, they can't permit it because this would violate their PUD. COMMISSIONER COYLE: Okay. But we are going to decide that right now. MR. MUDD: Yes, sir. COMMISSIONER COYLE: We're going to decide the maximum square footage that you can build right now. What does the early build-out agreement have to do with that? MR. WOOD: It has those numbers within it. COMMISSIONER COYLE: Well, so will my motion if I make a motion to approve it. So why do you need an early build-out agreement? COMMISSIONER HALAS: There's already a motion on the floor. CHAIRMAN HENNING: We've already got a motion. COMMISSIONER COYLE: Okay, that's true. But I would suggest that that be included in the motion that's on the floor then. But I don't understand the business about early build-out agreement, but okay. Page 13 7 October 28, 2008 MR. WOOD: Well, it's not early. It's called an essentially built -out agreement. COMMISSIONER COYLE: Essentially built-out agreement. Yes, I understand. But I still don't see the importance of that. Now, as I see it, here is the problem that the staffhas. They've got an absorption schedule that they have traditionally used to establish the limit of square footage, and they have other absorption schedules for other existing PUDs and they don't want to establish a precedent that would have an adverse impact upon the government when we have to deal with those PUDs. I am reluctant to see us get into that debate here today when I believe there's a far better way to the problem, and that is merely for this Board of County Commissioners to say that we approved 129,000 square feet of commercial space as a self-storage unit and we specifically said, you cannot use it for commercial purposes, end of story, okay? Now, it follows that if the board made that decision some years in the past, we should uphold that decision and say, you shouldn't be penalized because we did that. If we had granted you that space as commercial space without restriction, then I would agree with staffs position, but we didn't approve it without restriction. We restricted that to a personal self-storage and it is not commercial. That means that we have reduced the potential traffic impact from that use. So I would ask the motion maker with some guidance maybe from the County Attorney, that rather than getting us into a position where we are, perhaps, establishing a precedent with respect to the absorption schedule in other PUDs, that we avoid that issue entirely and merely agree as a Board of County Commissioners that you are not to be penalized for that 129,000 square feet of self-storage and it should not count against your maximum limit on square footage, that you should be permitted to build this additional, I believe it's 69,000 square feet, maybe 71,300. There's a mistake in the -- Page 138 October 28, 2008 MR. WOOD: 73,100. COMMISSIONER COYLE: 73,100. There's a mistake in the summary -- in the executive summary. They've reversed the three and the one. So 73,100 square feet, and that will become the maximum square footage for this development, end of story. MR. WOOD: And I'll say this. Your two concerns are both valid. I think your attorney's office has already addressed one of those concerns about the precedential effect, and that's written up in the executive summary. But that aside -- and they have said that you can make this finding, recommendation number one, at the end of your executive summary, would avoid any precedential effect. But number two, we do agree with you that we should not be penalized for the self-storage that's within our district, because the PUD in section 5.03.09 does specifically -- excuse me -- specifically prohibit individual businesses, any commercial transactions, and any signage which would connect a unit to any kind of commercial business or transactions. And for that reason, we agree with you. We agree that that self-storage is not the kind of self-storage that was referred to earlier. Somebody had mentioned that self-storage is a commercial use. Maybe other types and other zones. But in this PUD, you cannot use the self-storage for commercial purposes, and we don't feel that it should be counted against the cap. COMMISSIONER COYLE: Okay. But I need to correct something you said. You said that the staff had already addressed this issue from the standpoint of precedent and that there -- that option number one would solve that problem. In fact, it doesn't. It has the greatest impact upon the precedential circumstances. So my -- MR. WOOD: Can I clarify? COMMISSIONER COYLE: -- suggested -- don't snatch defeat from the jaws of victory, okay. Now, my recommendation would be that we modify the -- I'm Page 139 October 28, 2008 proposing a friendly modification to the -- CHAIRMAN HENNING: Motion. COMMISSIONER COYLE: -- motion so that we don't get ourselves into that kind of a problem and we avoid it. All I'm saying is, we've already decided that you have 129,000 square feet of commercial space that shouldn't be counted against your total commercial square footage, and we will permit you to build 79 -- 69 -- 73 100 -- , MR. MUDD: 73,100. COMMISSIONER COYLE: -- 73,100 additional square feet of commercial space on that property, end of story. MR. WOOD: Thank you. We see it that way as well. COMMISSIONER COYLE: I wouldn't discuss the absorption schedules, I wouldn't discuss any of that, and that's what I would recommend for the motion. CHAIRMAN HENNING: Is it that you want a different instrument than this EBOA? COMMISSIONER COYLE: I couldn't care less about the EBOA. I don't know that it serves any interest for anybody, quite frankly. But if we can get a -- if we can get a close-out on a PUD or DR! and there is no further density or intensity associated with it, then that's fine with me. But I just never understood what the motivating factor was when we could make the same decision otherwise. MR. WOOD: There is another benefit to the EBOA. Commissioner Halas? COMMISSIONER HALAS: I got a different question, so why don't you answer his question, and then I've got a question. CHAIRMAN HENNING: Actually, I think the County Attorney needs to assist us on what Commissioner Coyle is recommending. COMMISSIONER HALAS: That's part of my question, I guess, here. MR. KLATZKOW: Well-- Page 140 October 28, 2008 COMMISSIONER HALAS: Originally the build-out of this was 375,000 square feet. If what Commissioner Coletta (sic) is indicating CHAIRMAN HENNING: Coyle. COMMISSIONER HALAS: Coyle, excuse me, Coyle. CHAIRMAN HENNING: The other C. COMMISSIONER HALAS: -- we'd end up with 315,000-- 315,149 square feet, and yet you're still entitled to really 375,000 square feet. COMMISSIONER COYLE: But they're not going to get that. MR. WOOD: We're willing to cap that in the EBOA. COMMISSIONER HALAS: Okay, okay. MR. WOOD: At the 315- number that you -- COMMISSIONER HALAS: I just want to make sure that that's on the record that you're going to cap it at that amount. MR. GREENWOOD: Dwight informs me it's actually 318-, but we're willing to cut it off. That's part of the benefit of the EBOA. We also have included in this EBOA, we have negotiated $110,000 payment to the county, so that's another benefit of the EBOA. COMMISSIONER COYLE: Okay. If I -- if you don't mind? COMMISSIONER HALAS: Go ahead. COMMISSIONER COYLE: If I could just suggest that we deal with the figure of73,100 additional square feet and that's it, okay. That would be my suggestion. That gets to Commissioner Halas' concern about how do you define when is enough. What we're saying is you get to build 73,100 square feet more of commercial space, and then that's it. MR. WOOD: We're agreeable to that. CHAIRMAN HENNING: Actually it's 56,000. COMMISSIONER COYLE: No, it's more than that. CHAIRMAN HENNING: And-- Page 141 October 28, 2008 MR. WOOD: It continues on the next page. There is -- he's right, there's 56-, then 14-, and 3,100. COMMISSIONER COYLE: There's nothing simple about these executive summaries. MR. KLATZKOW: Commissioners, the only way you're -- in understand Mr. Weeks' argument, the only way you're consistent with the Growth Management Plan is if you find that there's no 375,000 cap on the PUD. It's Mr. Weeks' view that there's a 375,000-foot cap. Anything above that, at that point in time, puts you contrary to your Growth Management Plan. So you're going to have to make a finding that that PUD does not have a cap, the 375- that was just an estimate. COMMISSIONER HALAS: Well, they just agreed to a cap. MR. WOOD: Again, I think also though the -- how do you treat this special self-storage? It's not self-storage like -- COMMISSIONER HALAS: You're taking the self-storage out. The self-storage is out. MR. MUDD: No. MR. KLATZKOW: You've got-- MR. MUDD: David -- David can't take the self-storage out of your Growth Management Plan. It's commercial based on your codes in this county, so if -- David can't tell you that it doesn't violate your Growth Management Plan unless you, as a board, make a decision that says that the 375,000 square feet in the PUD was only an estimate, it was not a cap, and that's a finding. And I agree with the County Attorney. You've got that decision as a point in your motion and approve it, or -- MR. KLATZKOW: Now, once you've made that finding, we can then put down a number of square feet that's going to be out there, which is in the essentially built-out agreement. CHAIRMAN HENNING: Can I clarify the motion? COMMISSIONER COYLE: Whose? Page 142 October 28, 2008 CHAIRMAN HENNING: The only motion that is on -- COMMISSIONER COYLE: All right. CHAIRMAN HENNING: -- and the only one that has a second, and that is, essentially this PUD was confined to an acreage of commercial, and we are not setting precedence. Each DR! PUD stands on its own. And the board, through my motion, is accepting the property owner's offer to cap the square feet in the EBOA and all of the other conditions in the EBOA. Does that hit everybody's -- no? COMMISSIONER COYLE: In can speak. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Yeah. I don't agree with this approach at all. I think that we're completely missing the point. If we say that the 375,000 square feet was not a maximum, then we are saying that the absorption schedule doesn't mean anything. That means that for every other PUD we've got with an absorption schedule, we're saying that doesn't mean anything, and I don't think that takes us where we want to go. What I'm saying is that a board of county commissioners at one point in time approved 129,000 square feet of self-storage space and they said, it will not be used for commercial purposes, all right? So I don't care what the Land Development Code says. The Board of County Commissioners in the past has already said, this is not a commercial allocation. They put a special restriction on this self-storage facility. Now, if you put that restriction on the self-storage facility, it is no longer considered commercial space. So if you take that out of the absorption schedule of375,000 and you give them -- give the petitioner in return 73,100, we've gained almost 50 percent of that intensity back. We've taken it away from this DR! or PUD. So I don't understand why we want to get ourselves into a situation where we are -- we are saying that absorption schedules do Page 143 October 28, 2008 not indicate maximum square footage unless we're willing to take on every other PUD that has an absorption schedule in it. And how many do we have, David? MR. SCHMITT: Three hundred eighty-six. COMMISSIONER COYLE: Three hundred eighty-six more PUDs with an absorption schedule in it, and every one of them is now going to be saying, hey, guys, this is just an estimate. I want another 100,000 square feet here. MR. KLATZKOW: Well, the staffs overstating this, because these PUDs have limits in them to square footage, okay. So staffs overstating when they're saying there's 350 out there like this. There's not, all right? CHAIRMAN HENNING: Yeah. I mean, the ones that I've seen always had a cap of commercial. MR. KLATZKOW: Now, there may be a couple of older ones like this, okay, which is why I'm -- which is why my recommendation is to limit this board's ruling just to this specific PUD so that as they come -- as others come in, we can look at them one at a time, and the board will not be bound by it. But there's not that many of them out there like this. CHAIRMAN HENNING: But let me further put into the motion. COMMISSIONER COLETTA: Go ahead, clarify the motion, but I think at some point in time we have to call the motion. CHAIRMAN HENNING: Well, yeah, I know, but -- further clarify motion that the previous board did not accept the storage as commercial space because they had strict limitations on it. Is that included in your second? COMMISSIONER FIALA: Yes, it is included. CHAIRMAN HENNING: Mr. Weeks? MR. WEEKS: Commissioners, I see you're going down a certain path, and I would hate to stand in your way. I just feel it important to get something on the record, a few things. Page 144 October 28, 2008 First of all, Commissioner Coyle, I have to respectfully disagree with your assessment of how that PUD was handled. Over the years an issue the county has had is, it's having retail stores, retail establishments, operating out of self-storage units. There are still some existing today right across from where our office is located on the east side of Airport Road in self-storage units. This language was put into this PUD and possibly others for the reason that the county wanted to preclude those commercial operations, that is businesses operating out of a self-storage unit. I respectfully disagree that the county was saying the self-storage use itself is not commercial. That's two totally different circumstances. And again, I have to stand here and put that on the record that I disagree. It's the operation within the unit that was being addressed, not to say that the self-storage units themselves, that that use is not a commercial use. That -- I just have to tell you I don't think that was the case, otherwise those units would allowed -- be allowed to be located anywhere other than in a commercial zoning district which is the case, or industrial zoning. And while I'm here, Commissioner, if you'll, Mr. Chairman, indulge me. Just a couple more points for the record. When the reference has been made to meeting with staff and wanting the DR! closed out and been meeting for a couple years, I just want to point out that that was transportation staff. The land use side of this has not been discussed with staff. We first became aware of it, both comprehensive planning and zoning departments, when this pre-application meeting for this petition was held. Minor point, but I think that clarification needed to be made. The other thing has to do with the 375,000 square foot, which is certainly a key point of discussion today. The application for development approval for the DR! itself used that figure of 375,000 square feet. The support data, including traffic impact analysis, was Page 145 October 28, 2008 based on that figure as well. And that's primarily where staff is coming from saying this does have meaning. And historically we have viewed PUDs that have similar language to this as being a cap. This is not a unique circumstance. It was typical at that time, back in the '80s and I would say early '90s, that PUDs were approved without using the word cap, but they've been applied that way. At some point during the '90s we did start explicitly stating that square footages were capped. Thank you. CHAIRMAN HENNING: All right. Anybody want to call the motion so we can move on? COMMISSIONER FIALA: Call the motion. COMMISSIONER HALAS: I just want to ask the County Attorney one quick question, and then we'll vote on it. And I think I know where Commissioner Coyle is. We just don't want to set a precedent that's going to carry on with any other DR! or any PUD, that we're just dealing with this specific DR! and PUD today. And whatever we set today is only going to be referred to this particular -- COMMISSIONER FIALA: That's in the motion. COMMISSIONER HALAS: Okay. I just want to make sure that COMMISSIONER FIALA: It's in the motion. CHAIRMAN HENNING: You don't have to ask that. No, we're not going to -- that's right. You called the motion. We can't have any further discussion on it, so I have to call for the vote. 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? Page 146 October 28, 2008 COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion carries, 4-1, Commissioner Coyle dissenting, and we need to give our court reporter a break of 10 minutes, and then we're going to get right into Item 9, or agenda nine. MR. NADEAU: Thank you, Commissioners. MR. WOOD: Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #8C RESOLUTION 2008-318: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGNATING THE CLOSE-OUT OF FIFTEEN (15) APPROVED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH HA VE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS CONSTRUCTING TO THE AUTHORIZED DENSITY AND/OR INTENSITY AND HAVE BEEN FOUND BY COUNTY STAFF TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS - ADOPTED CHAIRMAN HENNING: I apologize for my statement prior to going on break. We have one more item in 8, and that's 8C. MR. MUDD: 8C. This item requires that all-- that ex parte disclosure be provided by commission members. Should a hearing be held on the item, all participants are required to be sworn in. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, which designates the closeout of 15 approved planned unit developments which have fully completed development pursuant to their development orders, Page 147 October 28, 2008 constructing to the authorized density and/or intensity, and have been found by county staff to be compliant with their specific developer commitments. And Ms. MaryAnn Devanas will present. CHAIRMAN HENNING: She has to be sworn in. MR. MUDD: And I specifically stated this differently because if you want to get into a hearing on each one of the PUDs and you have witnesses, then they need to be sworn in. But if you're closing them out -- and correct me ifI'm wrong, Jeff -- but if you think Ms. Devanas and staff need to be sworn on this particular item, we do not have a problem with that. MR. KLATZKOW: I don't think you need to swear staff in on this one. But, you know, honest to God, I don't see the harm in it either. CHAIRMAN HENNING: Ifwe don't have to do that then-- MR. KLA TZKOW: You don't have to do it. CHAIRMAN HENNING: Do we have to give ex parte communication? MR. KLATZKOW: No, I don't think that's -- I don't think you need to, no. CHAIRMAN HENNING: Okay. You're up. MS. DEV ANAS: For the record, Commissioners, MaryAnn Devanas, PUD Monitoring Supervisor in Engineering Services CDES Division. With 386 adopted PUDs, no one could be happier to be in front of you today to bring forward the first group of PUDs for your official authorized closeout. This petition is staff initiated, and staff will continue to bring these petitions forward to you to close out the older PUDs, but most of the future petitions will be at the request of the recorded owners of the PUDs. These 15 PUDs were adopted 10 to 15 years ago and half of them Page 148 October 28, 2008 hold administrative built-out statuses that were determined by staff and are listed in the PUD records as such, built out. So why are we petitioning the board for a predetermined status? Not all of the PUDs that will be presented to you today have been verified to have clear and final determination as having met their developer commitments nor will the future petitions for close-outs be from PUDs that have met the densities or intensities, as the ones that you will be reviewing today. These have met their intensities and densities. And most importantly, staff has been directed by your board to seek avenues to close out the PUDs and to remove any commitments from the ordinances that were deemed unnecessary or carry an open-ended commitment such as the commitments that have a clause that say, when deemed necessary or when warranted by the -- excuse me -- when warranted by the county, as most often found. Following board directive, staff designed an application for petitioners interested in closing out the PUDs, and the staff designed review procedures for these applications. Once submitted, the -- once submitted, the developer commitments and the recorded densities and intensities are verified by divisional staff reviewers. These reviewers determine if the PUD commitments have been fulfilled, if the authorized density and intensity has been met, and they review and determine if the applicant holds the rights to relinquish any remaining units or square footage. Divisional reports for the petitioning PUDs are then reviewed by each administrator or their designee, and recommendations for approval or denial of the close-outs are brought forward to you. Coupled with the application process, staff amended the Land Development Code section 1 0.02.13.F, PUD monitoring. The amendment enabled the Board of County Commissioners to release developer commitments deemed unnecessary during the close-out petitions. Page 149 October 28, 2008 Of the 15 PUDs selected that are here before you today, eight have been verified to be fully developed to their authorized potential and have fulfilled their development commitments. They are Cheshire Arms Apartments, Crystal Lake, Emerald Lakes, Huntington Woods, Keller Entry Level, Lely Barefoot Beach Condo, Marker Lake Villas, Paradise Pointe R V Resort. One additional PUD entered this category voluntarily since the writing of the executive summary, Brighton Garden. They had exotic maintenance issues that they have resolved and are now considered to be fully developed and have fulfilled all of their commitments. Three of the remaining six PUDs have exceptional circumstances. We discussed these at our workshop that was conducted October 8th. And if you will recall, those were Moorings Park, which was annexed to the City of Naples; Naples JC Clubhouse, condemned by the State of Florida for a road project; and River Bend, which was sold to the State of Florida. The last three PUDs have commitments that were discussed in detail at the workshop, and I'll briefly summarize those issues for you. Cay Lagoon PUD that was adopted in 1993, their PUD is under the ownership of the association and has one partially unmet commitment. A fence was required on the south and the west side of the property. The fencing requirement was related to the location of the stormwater ponds that was shown on the master plan. During site development planning, those ponds were relocated to the interior of the PUD, and staff found there was no fence along the western property line. Staff believes that due to the consolidation of the ponds to one centrally located pond, that the required fencing on the west was deemed unnecessary during the subsequent approvals. And given those circumstances, we ask that you, too, consider them to be unnecessary and release them from the ordinance. Citrus Gardens, that particular PUD was adopted in 1986, amended in 1989, and holds three unmet commitments; two roadway Page 150 October 28, 2008 easements to the east of the property, an interconnection of the loop road to the east for future development, and arterial level lighting at their entryway. This PUD is under the ownership of the association, has received approvals, and is fully developed, so is the PUD to the east of Citrus Gardens. The ability to provide easements and the interconnection have passed. The existing street-lighting is in close proximity to each side of the entryway and illuminates the required arterial level lighting. Yes, Commissioner? COMMISSIONER HALAS: With the Citrus Gardens, I believe there's some undeveloped land that's to the south of Citrus Gardens that could probably -- there could be future access out onto Orange Blossom Road if there could be some negotiation with people that haven't developed those plots of land that are south of Citrus Gardens. MS. DEV ANAS: You're correct. It is undeveloped to the south. COMMISSIONER HALAS: Is there some way that we could tie something of that nature to it or not? MS. DEV ANAS: I would have to defer to the County Attorney. The specific commitment within that particular PUD read to the east, and that's -- COMMISSIONER HALAS: I understand that. MS. DEV ANAS: Correct, and that's what I'm asking. COMMISSIONER HALAS: No longer available. MS. DEV ANAS: Correct. CHAIRMAN HENNING: Can I speak to that? Commitment was to the east to Brittany -- Brittany Bay. MS. DEV ANAS: Oak Grove, which is Bridgewater. CHAIRMAN HENNING: Bridgewater Bay, thank you. That's what the commitment was in the PUD ordinance. Commissioner Halas is absolutely right. There is a potential connection to the south to get to Orange Blossom, and I did state that at the PUD meeting. Page 151 October 28, 2008 The Growth Management Plan allows for and encourages interconnection. So if Lake Side wants an inter-connect when this petition potentially comes to the Board of County Commissioners, that would be the time to address it. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. You want to continue? MS. DEV ANAS: The only thing I could add is that in processing these particular PUDs, we've noticed all of the current owners of the PUDs that are here before you, and no one has instructed me to discuss any of these relinquishments of -- or releases of the commitments or if they had any opposition. CHAIRMAN HENNING: Right. MS. DEV ANAS: I believe we are now just talking about the last remaining three of the 15, and we're on the last one. We've talked about Kay Lagoon, Citrus Gardens, and the last is Green Boulevard. That particular PUD was adopted in 1983; amended in 1985. It holds one partially unmet commitment. We discussed this in detail at the workshop. Just quickly, the PUD front on Green Boulevard running from Santa Barbara to Collier Boulevard. There are sidewalks constructed within the PUD except for one phase identified as the Heritage Gardens Apartment -- excuse me -- Heritage Apartments. Staff found that the Site Development Plan for the Heritage Apartments, when reviewed, showed that there was no sidewalk, yet it was approved and built and constructed to that Site Development Plan. At the workshop, as I mentioned, we discussed this in detail. And in conclusion, the County Attorney stated that the time had passed to secure this missing section. That brings us to the 15 total. Your approval, if granted, for the close-out of the PUDs will eliminate any further demands for commitment contributions or assessment of commitment compliance by staff. The board's determination will eliminate any monitoring responsibilities, and the Page 152 October 28, 2008 PUDs will remain in this closed-out status until subsequent action by the board is approved as an amendment to each of the PUDs causing the PUD to be returned to an active status. If you have any questions -- CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just wanted to talk about the sidewalks one more time. Is there any way that we could construct those or have them construct the sidewalks? It seems a shame that in front of, especially affordable housing where they mostly walk and ride bikes, that there aren't any sidewalks and that we have no lever to push to force this developer to meet his commitments, even though so much time has passed. MS. DEV ANAS: Maybe transportation could bring us up to date on any of the conversations they might have had with the owner. I do know that we did audit this PUD some time ago, and that's where we had left it at that time, that the staff negotiate with the owner to see if that was a possibility. So I'll let them speak on that. MR. CASALANGUIDA: For the record, Nick Casalanguida with transportation. Transportation services was one of the divisions that actually denied the request or put a comment on not supporting this to go to close-out because one of the -- the original owner of the property, the rental property, was the person who did the Site Development Plan, and we felt that we should bring this forward to them as maybe a code action or a PUD compliance action. And so we thought that they could do something with this sidewalk, even if it was a prorated payment in lieu or something that, in effect, we could put that piece in. So to that extent, we felt we could put something in there. The developer who did that Site Development Plan runs the property, and we thought there was a possibility of dealing with them, so we did have some concerns, as you do. COMMISSIONER FIALA: Is there anything that we can do to Page 153 October 28, 2008 force them to comply with their original agreement? MR. KLATZKOW: Well, the mechanism for that would be a code enforcement case. I mean, I'd want to go through this before I'd recommend to the board that we do this. But if there is any question in your mind, take this one out of the hopper and we can look at it. COMMISSIONER FIALA: I'd like to do that, really. CHAIRMAN HENNING: Well, I have a problem with that recommendation. COMMISSIONER FIALA: Oh, do you? CHAIRMAN HENNING: Yeah, because going down there, if you drive -- I forget which street it is, there is a sidewalk on the back side of the street that goes to the commercial area. And I don't know who put that in there. I would imagine the county. Well, that's an assumption that the county did not put that in there. And you know, was that the commitment? Besides, when you have staff review it, including transportation staff, and okay the Site Development Plan, how can you go back and say, oops, you need a sidewalk in here? You know what I mean? COMMISSIONER FIALA: No, actually. MR. CASALANGUIDA: There's a six-foot paved shoulder, and I don't want to call it a real paved shoulder. It looks like there's an extra strip of pavement in there that's in place, but not a sidewalk along that property. CHAIRMAN HENNING: There is on another street. Not on Green Boulevard. MR. CASALANGUIDA: Right. CHAIRMAN HENNING: There is on the back street, a sidewalk in there. I don't remember when it was built whether it was a part of this development and was that a part of the commitment. MR. CASALANGUIDA: Commissioner, I can tell you I've received some calls from the path folks, the pathway advisory committee who live in that area, that they were concerned that the Page 154 October 28, 2008 sidewalk should have been put in place and commented on it through the site development process. I said they're welcome to speak at this hearing if they would like to. I don't know if any of them attended at all. But, you know, the recommendation the County Attorney made, I think, is reasonable. Maybe if you pull it out we can talk to them again and see if we can come back at a different time. But if you would prefer to keep it on, that's your call. CHAIRMAN HENNING: Yeah. And payment in lieu of doesn't build a sidewalk. That's just a way to get more money out of people. MR. CASALANGUIDA: Well, sir, we take the payment in lieu program pretty seriously, and we fund those missing links with that money. That's what we do. I mean, there are many projects that come in where they don't make any sense and we take that and we do projects with them. We put them out in the street. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Maryann, you mentioned early in your presentation when you went through the process of reviewing these, you determine if the PUD is going to retrain -- retain or relinquish any unused density. MS. DEV ANAS: Yes, Commissioner. COMMISSIONER COYLE: Am I to understand that all of the PUDs here have relinquished any density that they might have? MS. DEV ANAS: No. They have built to the authorized density or intensity. COMMISSIONER COYLE: All of them, all of them? MS. DEV ANAS: Spot on, yes, sir. COMMISSIONER COYLE: Okay. MS. DEV ANAS: In fact, these were the ones that we -- staffhad determined should be brought forward to you. They were, quote-unquote, the easiest to review. COMMISSIONER COYLE: Okay. So we're not eliminating Page 155 October 28, 2008 any phantom units at all with this set? MS. DEV ANAS: No, sir. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Then I make a motion that we accept staffs recommendation concerning these 15 PUDs. CHAIRMAN HENNING: And I'll second the motion. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: There's a -- motion carries 3-2, Commissioner Fiala and Commissioner Halas dissenting in the affirmative. Thank you. MS. DEV ANAS: Thank you, Commissioners. COMMISSIONER HALAS: I'd just like to put on the record that I feel strongly about sidewalks also, so that's why I voted in opposition to this motion. CHAIRMAN HENNING: And I think Commissioner Fiala could say the same thing. COMMISSIONER FIALA: Yes. That's exactly why I voted against is. Item #9A RESOLUTION 2008-319: APPOINTING SHERWIN H. RITTER Page 156 October 28, 2008 TO THE WATER AND W ASTEW A TER AUTHORITY - ADOPTED MR. MUDD: Commissioner, that brings us to 9A, which is appointment of a member to the Water and Wastewater Authority. CHAIRMAN HENNING: One doesn't qualify. The only one that qualifies is Sherwin Ritter. COMMISSIONER FIALA: Motion to approve Mr. Ritter. CHAIRMAN HENNING: Is there a second -- COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- to the motion? Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9B RESOLUTION 2008-320: APPOINTING/CONFIRMING MARCO ISLAND'S REPRESENTATIVE LARRY N. MAGEL TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, the next item is 9B, appointment of a member to the Collier County Coastal Advisory Committee. COMMISSIONER FIALA: Motion to confirm the Page 157 October 28, 2008 representative for Marco Island, Larry Magel. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve Larry Magel, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9C RESOLUTION 2008-321: APPOINTING SUSAN TAKACS TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL - ADOPTED MR. MUDD: Commissioner, next item is 9C, appointment of a member to the Emergency Medical Services Advisory Council. COMMISSIONER FIALA: Motion to approve Susan Takacs. CHAIRMAN HENNING: Motion to approve Susan Takacs, second by Commissioner Henning. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 158 October 28, 2008 (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9D RESOLUTION 2008-322: APPOINTING DAVID ROELLIG (TECHNICAL), KATHY B. WORLEY (TECHNICAL), T AHLMAN KRUMM, JR. (PELICAN BA Y), JAMES A. CARROLL (PELICAN BAY), ROBERT ROGERS (SEAGATE) AND READVERTISING FOR DISTRICTS 1,3,5 AND SEAGATE TO THE CLAM BAY ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is 9D, appointment of members to the Clam Bay Advisory Committee. COMMISSIONER HALAS: I'd like to make a -- MS. FILSON: I have a speaker on this one, sir. I'm sorry. COMMISSIONER HALAS: Okay. I'd like to make a motion for Mr. Krumm and Mr. Carroll, and as an advisory person, David Roellig -- as a technical person, excuse me. CHAIRMAN HENNING: Wait a minute. COMMISSIONER HALAS: James Carroll and Tahlman Krumm, and as advisory -- these people all live in Pelican Bay. COMMISSIONER FIALA: And David Roellig. COMMISSIONER HALAS: And David Roellig. MS. FILSON: As a technical. COMMISSIONER HALAS: As a technical. COMMISSIONER FIALA: And Commissioner Halas -- CHAIRMAN HENNING: Henning. COMMISSIONER FIALA: -- Henning, thank you, District 1, District 5, and Seagate all -- Seagate needs another person. I'll motion to approve Robert Rogers from Seagate, but it said we needed two from that area. So I would like to re-advertise for District 1, 5 and Page 159 October 28, 2008 Seagate, if that would be okay with everybody. Okay. MS. FILSON: We still need to appoint-- COMMISSIONER FIALA: I'd like to nominate Kathy Worely. CHAIRMAN HENNING: For District 3. COMMISSIONER FIALA: District 3, yes. CHAIRMAN HENNING: Okay. MS. FILSON: Not technical, but District 3. COMMISSIONER FIALA: No -- well, I was going to say technical -- CHAIRMAN HENNING: Technical. COMMISSIONER FIALA: -- but it would be District 3, whichever way you want. CHAIRMAN HENNING: Technical is great. She is -- that's right. I looked at hers, and she has -- qualifies as a technical. COMMISSIONER FIALA: Yeah, okay. COMMISSIONER COYLE: Well, I'd like to nominate Cloe Waterfield as technical. We have two technical positions, right? MS. FILSON: Yeah. And they've already been nominated. MR. MUDD: Nominate a third. COMMISSIONER COYLE: Who was the second one? MS. FILSON: The second one is David Roellig. COMMISSIONER COYLE: Who was the first one? MS. FILSON: And then Commissioner Fiala just nominated Kathy W orely. If she nominated her to represent District 3 -- COMMISSIONER COYLE: Oh, okay. MS. FILSON: -- then the other technical could be appointed. COMMISSIONER FIALA: That would be fine with me as long as it's fine with Commissioner Henning, because we'd have to re- advertise for District 3 anyway if we don't approve her. CHAIRMAN HENNING: Ifwe don't approve her as a technical? COMMISSIONER FIALA: Yes. I mean, if we don't appoint her Page 160 October 28, 2008 as District 3, then we'd have to re-advertise for District 3. But if we take her off the technical and use Cloe Waterfield, as Commissioner Coyle suggested, then we could use her from District 3. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Commissioner Henning, I don't feel strongly about this. If you would prefer to have Kathy W orely there as your representative or as technical, that's okay with me, but we do need one more member from Seagate/Naples Cay area. CHAIRMAN HENNING: Absolutely. MS. FILSON: And I have advertised that. COMMISSIONER COYLE: And we're going to re-advertise that one. So as long as we can do that, I would be satisfied that my district was adequately represented. CHAIRMAN HENNING: Okay. So we're going to leave her as technical. COMMISSIONER FIALA: Okay. MS. FILSON: And I have a speaker, sir. Marcia Cravens. MS. CRAVENS: I'll pass. Thank you. CHAIRMAN HENNING: So the motion is to appoint David Roellig as technical. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Kathy Worely as technical, James Carroll as Pelican Bay. MS. FILSON: Mr. Tahlman Krumm-- CHAIRMAN HENNING: Tahlman Krumm -- Krumm. MS. FILSON: -- as Pelican Bay. CHAIRMAN HENNING: Oh, there he is. Tahlman Krumm as Pelican Bay. And re-advertise the -- COMMISSIONER FIALA: And Robert Rogers from Seagate. MS. FILSON: And Robert Rogers for Seagate. CHAIRMAN HENNING: And Robert Rogers from Seagate, yes. Page 161 October 28, 2008 MS. FILSON: And I'm currently advertising for those positions that we didn't get. CHAIRMAN HENNING: And so you're currently advertising for District 1, 4 -- COMMISSIONER FIALA: Five-- MS. FILSON: One, 3, 5-- CHAIRMAN HENNING: --1,5 and 3. MS. FILSON: -- and Naples Cay. COMMISSIONER FIALA: And Seagate, right? MR. MUDD: That's Naples Cay, Seagate, yep. MS. FILSON: It's the same thing. COMMISSIONER FIALA: Okay. MS. FILSON: Seagate and Naples Cay. CHAIRMAN HENNING: Okay. So that's a motion by Commissioner Halas, second by Commissioner Fiala. Discussion on the motion? Motion clear? All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9E RESOLUTION 2008-323: APPOINTING REID SCHERMER TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE- ADOPTED Page 162 October 28, 2008 MR. MUDD: Commissioner, the next item is appointment of a member to the Development Services Advisory Committee. CHAIRMAN HENNING: Make a motion to appoint Reid Schermer. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9F RESOLUTION 2008-324: APPOINTING JAMES W. SIMMONS TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is appointment of a member to the Ochopee Fire Control District Advisory Committee. COMMISSIONER COLETTA: Recommend James Simmons. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to recommend James Simmons -- or appoint James Simmons, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 163 October 28, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9G RESOLUTION 2008-325: APPOINTING NINON L. RYNERSON AND TO RE-ADVERTISE FOR TECHNICAL POSITION TO THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED MR. MUDD: Commissioner, next item is 9G, appointment of members to the Environmental Advisory Council. CHAIRMAN HENNING: I have a question on this one. Somebody has to -- I mean, I know and love Pam Mac'Kai, but I don't know how she becomes technical when she has just the background of selling real estate for the South Florida Water Management. COMMISSIONER HALAS: I agree with that. MS. FILSON: And I get that from staff, so I cannot answer that question for you. CHAIRMAN HENNING: Right. COMMISSIONER HALAS: Why don't we put it out for re- advertisement? CHAIRMAN HENNING: And let's see. What about the alternate? You need a -- we need to appoint an alternate? MS. FILSON: Well, the alternate in this case has to be technical, which is what they labeled Pam Mac'Kai as. CHAIRMAN HENNING: Okay. MS. FILSON: And the regular member has to be non-technical, so that would leave you with -- Page 164 October 28, 2008 CHAIRMAN HENNING: Ninon Rynerson. COMMISSIONER HALAS: Right. MS. FILSON: Correct. CHAIRMAN HENNING: Is there a motion? COMMISSIONER HALAS: Motion to approve Ninon Rynerson. COMMISSIONER FIALA: Second. COMMISSIONER HALAS: And re-advertise for a technical person. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Commissioner, the next item is -- was 9H, and it's continued until 11/18/08. We discussed that at the change sheet. Item #91 DISCUSSION REGARDING FINDINGS BY CLERK OF COURT'S OFFICE IN REFERENCE TO JOHN BARLOW'S PUBLIC PETITION FROM THE OCTOBER 14,2008 BCC MEETING- COUNTY MANAGER TO BRING BACK A POST DATED SUB- Page 165 October 28, 2008 RECIPIENT REHAB AGREEMENT FOR MR. BARLOW'S PROJECT AND BCC TO REVIEW - CONSENSUS So the next item is 91. It's a discussion regarding the findings by the Clerk of Courts Office reference John Barlow's public petition from the October 14th, 2008, BCC Meeting. The board decided this morning that they would also link this particular item with a public petition 6A request by Mr. John Barlow to discuss legislating via checkbook. CHAIRMAN HENNING: The executive summary is not quite right, and that's my fault, but Crystal Kinzel from -- the Finance Director of the Clerk of Court asked me a question through a letter. I couldn't answer the question. And I thought, the best thing to do is try to resolve this thing and bring it to the Board of County Commissioners. Mr. Barlow was kind enough to join these together. If you want to make your presentation. MR. BARLOW: Yes, sir. CHAIRMAN HENNING: Okay. MR. BARLOW: Right now? CHAIRMAN HENNING: You bet. COMMISSIONER HALAS: He waited long enough. CHAIRMAN HENNING: There's a microphone, portable, over there if you need it. MR. BARLOW: Okay. Thanks a lot for listening to me. I appreciate it. Since our last week -- last meeting two weeks ago I have felt like I personally have been on a merry-go-round here, and I'll describe that to you in a few minutes. I'm here to -- today really to talk about two significant problems for the county, one is the need for decent affordable homes for families earning less than 80 percent of our AMI, which is about Page 166 October 28, 2008 55,600, specifically houses in the range of about $175,000. Two, the negative impact of foreclosed houses in Collier County. Naples Daily News recently reported that the county, our county, ranks 12th nationwide in foreclosures and 7th statewide. Each month Collier County is setting a record of foreclosures. What does that mean to Collier County? It reduces the value of all of our homes, all homes, not just the value of foreclosed homes because the neighborhoods they surround are affected by these. And thousands of neglected and empty houses invite crime. HOME is a nonprofit organization that was formed in May of this year that's attempting to abate both of those problems here in Collier County. Here's our first home. It was purchased from foreclosure in July of2008. We actually closed on this house on the first day of July. It's been completely rehabbed and stands ready to receive an eligible family. The sales price of this home, 175-. With SHIP funding, the mortgage will be 125-. Fits into the 80 percent and below AMI for the county. In about six weeks we were able to turn this property from an eyesore to our highly valuable home within this price range. That's the kitchen. We open this, sell and close this house by November the 20th. I got the application last night for an income-qualified family that's been qualified by Lisa Carr over at the housing department. We're anxious to turn the keys over to a deserving family and equally we're anxious to get started on another house. This is a picture of the house next door. When we started working on our project, this property was occupied. Two or three weeks ago it suddenly became empty. Within a few short weeks, the property is becoming increasingly derelict and neglected. The swimming pool in the rear has got mold on it; it's just green. I don't have to tell you how quickly the elements take over in Florida that affects both the interior and exterior of properties. Page 167 October 28, 2008 I shot this from the front doorway. I didn't want to go in because it's still in the name of the owner of the home. Today this house stands unlocked, and the day that I was there, the door was wide open. There's no one living in this house. It's been heavily vandalized and it continues to deteriorate right before my eyes, and I'm there every day at this house. I know the law enforcement officials are busy trying to get a handle on the almost 6,000 foreclosed properties here in Collier County. They're working with the Property Appraiser to form IT links and get us maps and all that but, you know, all you've got to do is get in the car and drive around. There's two zip codes in this county that are the biggest. There's the one, 34120 over in the Estates, and -116 in Golden Gate City that have the largest number of foreclosures in this county. It's going to take a lot of effort to even organize ourselves around this, much less fix them, and I don't know if we have the resources to put all -- this project on top of everything else that we do. You have to answer that. That's why we all need to act quickly to rid ourselves of these neighborhoods of this blight. We don't need just HOME or Habitat. We need a lot of people working on this problem. It's a one-house-at-a-time problem, and we've got to buy them, rehab them, and get them occupied as fast as we can. You can't cut the grass fast enough to keep this house from being -- deteriorating as fast as it is. There's a lot of statistics that are emerging. Unfortunately none of them from here in Collier County. Weare just now beginning to crack the crime around foreclosed properties, but there are several other studies that have come out that basically says (sic) that for every percentage point increase in foreclosure rate, the violent crime goes up 2.3. And in Chicago, roughly the same numbers are there, so you've got a pretty linear progression here of about two-and-a-half times . . more cnme commg up. Page 168 October 28, 2008 The best deterrent for these crimes is to get these homes fixed up, sold, and occupied. We'll help provide affordable housing for deserving housing also in the mix here and relieve the neighborhood of a potential hit for a criminally-minded person. HOME's objective, or our objective in life, is to step up to the plate and help provide affordable housing here in Collier County. We've never had an opportunity of buying a home at $60 a square foot like we purchased our first home, and rehabilitating it and putting it back on the marketplace. In doing so, we may just help deter crime and make our neighborhoods safer and more desirable, and I'm asking you, please, let's don't bog down this process. You know HOME didn't take on our mission without constant input from your county staff. We have involved county housing at every stage of this project. Without -- with direction of the county staff, we've crossed every "I" and dot -- we've dotted every "I" and crossed every "T". Our nonprofit organization continues to strive to provide complete transparency and accountability for our actions. Most of you have visited our project and can attest to the benefit of it. We need to wrap this house up so we can move on to another one. The sooner the better. The following facts have not been challenged by anyone, that HOME has complied with all Collier County Housing and Human Services requirements that are responsible for executing your housing programs, and they comply with SHIP and the regulations that you've established. HOME has executed all agreements in a timely and professional manner, and our actions are completely transparent and are accountable. Today, as Commissioner Henning mentioned a minute ago, he received a letter from Crystal that's in the package indicating he Page 169 October 28, 2008 wanted guidance on whether to pay HOME's invoices or not as they come back. There's only been one submitted for $400. But the rest of them, since the rehab has been completed, invoices are being received now by the subcontractor, so we're getting -- we're ready to go to Frank Ramsey for payment. There are a couple of suggestions that HOME is not the end user of this rehabilitated house and that some new program requirements are required. I've brought along -- I'm getting to know too much about too little here on Florida State Statutes. COMMISSIONER FIALA: You need to have the microphone. MR. BARLOW: Thank you. The SHIP statutes are very clear on this, and I wanted to bring -- I've read every word of this thing many times, but the most important part to me, and I think to you, should be the fact that an eligible sponsor means a private -- means a person, an individual, or a private or public non-for-profit entity that applies for an award under the local housing assistance program, which we've done, and for the purpose of providing eligible housing for eligible persons, which we have done. There's also been a suggestion that HOME did not sign a new agreement. That still does not exist today, by the way. We -- I have a draft and a sample of one that was created September the 24th, 2008, and now we're October 28th. COMMISSIONER COYLE: Mr. Barlow, I'm sorry. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Can I suggest something, Mr. Barlow? You're obviously going to be asking us to solve a problem. MR. BARLOW: Correct. COMMISSIONER COYLE: It's going to be a lot easier for us to understand it and anybody who's listening to understand it if you'll tell us who the people are who are saying that you have to have certain things that you say don't exist. We need to know who those people are. Is that not acceptable to you? Page 170 October 28, 2008 MR. BARLOW: It's not something that I wanted to do. I was prepared to do. I got an email that says, in the body of your email is correspondence from Darlene Raker (phonetic) which -- Florida Housing, that was linked to a statute, and FD -- Florida Administrative Code governing the monies you're requesting. I've read the Florida Statutes, the Florida Code. It's very clear, since the county's not dealing with the end user and you're not the end user, a sub-recipient agreement's needed. Furthermore, under the Florida Statutes -- my concern is the agreement, needs a sub-recipient agreement. After the BCC approves the new agreement, all prior work to this home will not be allowable for payment. COMMISSIONER COYLE: Who is this person? CHAIRMAN HENNING: That's my email, Commissioner. MR. BARLOW: This was sent to me by Commissioner Henning. CHAIRMAN HENNING: And it's -- it shares a concern. Mr. Barlow did not read it all. You know, I read the statutes, and I think you have partial statutes up there that contain in there that you must, must comply to 4.02 -- MR. BARLOW: 907, and we do. CHAIRMAN HENNING: That's -- well, what does it -- the underlined part up here say, what does it has to apply to? MR. BARLOW: This is -- under the first section is called definitions. This defines the eligible sponsor throughout the rest of the document through 9079, and there is not one differentiation between a person or a corporation. There is no program requirements that SHIP sets forward to do that in that whole agreement. And I have the entire agreement here. I'm not hiding from anything, trust me. Secondarily, and I think as a corollary, there's also been reference to a Florida Administrative Code. Thank God for the Internet, and I Page 171 October 28,2008 have patience and time to find it. I never heard of such a thing until I got involved in this one. This comes from the Florida Administrative Code under 6737, which was identified in the email that Ms. Raker sent to me from SHIP. The term sub-recipient, in my judgment, is being loosely used. Sub-recipient means a person or non-state organization contracted by a SHIP eligible local government and compensated with SHIP funds to provide administrative (sic) of any portion of the SHIP program. Again, sub-recipient is nothing but a definition for a contract, and we've used it as it represents a new process, different from the one that we currently have. My concern is that our nonprofit has signed multiple contracts with our county, and everyone that we've provided by (sic) have been provided by the housing staff. This is the first one. It's called Application for SHIP Acquisition/Rehabilitation, which conforms to the amendment that you passed on July the 22nd for the LHAP which allows nonprofits to purchase these homes instead of owner-occupied, which was approved in July. This document was signed on August the 19th, three weeks before rehab started. It also identifies that we commit to doing a low-income, single-family home, purchase price of the house, the square foot of the house, and that we comply with the program. Secondly, there is an eight-page bid specification requirement that we've signed that you have a Collier County rehabilitation specialist called Rick Torres, extremely professional young man, has gone to the house. This contract identifies that we must conform to all of these building codes from Florida National Electrical Code. In the Building Construction Administrative Code, it identifies our contractor, total bid amount, which was limited to 50,000, and down here it says, the contractor's responsible to get the proper permits and make available inspection to the authorities; and furthermore, the Page 172 October 28, 2008 owner and contractor will defend, indemnify, and hold harmless Collier County, its officers, employees. And there are eight pages between -- six pages between that one and this end which identifies, you put in appliances, you put in doors, you put in windows. Every single item that we've done to rehab that we want to claim reimbursement for is identified by a specialist from Collier County. We signed this document on August the 28th before rehabilitation began. Now, I will tell you, prior to this rehabilitation effort here, there were two obvious code violations that were on this property when we purchased it in July, and I did make the decision to have those code violations eliminated before we got this document done because I didn't want anyone to claim that our organization would support code violations; the fourth bedroom and a storage shed out there that was huge. And in addition to that -- CHAIRMAN HENNING: How much longer do you need, Mr. Barlow? MR. BARLOW: Not very long. I mean, we're down to the last contracts that I signed. SHIP requires a Promissory Note for $50,000, and we have yet to receive a nickel. I had signed this document on September the 6th when it was given to me. There's also a second mortgage that we have signed without receiving a nickel, and as soon as we get paid for our invoices, I assume the county should execute this second mortgage, and this forms one of the major components of the SHIP program is-- the recapture provision, because if this house is not occupied by an income-qualified family, the money comes back. It's just that simple. And these are the two documents that get us there. Have all been signed, and we're good to go. What am I really asking for today is, rather than get involved in a discussion about a new agreement versus old agreement -- because Page 173 October 28, 2008 that's your decision, not mine. I can tell you that I complied with everything that was in place when it was in place, and I'm going to ask you to commit to paying me -- what's that word they use for that, Mr. Klatzkow? MR. KLATZKOW: I'm not sure what you're getting at. MR. BARLOW: Reaffirm. MR. KLATZKOW: Ratify? MR. BARLOW: Reaffirm the prior process. And then if you choose to work out a new one, that's certainly your choice. I mean, we're going to comply with it, too, assuming we can, although the new agreement that we have, the sample of it, I could not, in all honestly, recommend you sign this today. It's a sample and it's a draft. Nothing; a heck of a lot wrong with it, but it's just not ready for prime time. I'm ready to sell a house. My board has authorized the purchase of four more houses. I'm nervous about buying anything until we find out if we're going to be eligible for not only the past one, but the future homes that we purchase to try to reduce our problem. So I'm asking the board to re-affirm where we've been, direct the payment for my invoices that have been approved -- and we've already gotten a Certificate of Occupancy from two of them. We're waiting for the last one -- and get this behind us. And I think the housing staff and the attorney and the Clerk probably are the ones that probably ought to craft the new agreement for you if that's what you need, although, I think I'm not -- I'm not convinced that you need anything more than you have. There's been 35 of them done this year, and not a one of them that I know of has been stopped for anything. John boy comes in the front door and, boom, you know, as Mr. Klatzkow, you know, the pioneer of this thing, takes dearly (sic). I'm up for it because I am so committed to doing what I can and our HOME can for the affordable housing and correcting foreclosed Page 174 October 28, 2008 properties. CHAIRMAN HENNING: Mr. Barlow? MR. BARLOW: How long is it going to take for us to have a property at $6 a square foot again? CHAIRMAN HENNING: Mr. Barlow, we need to move on, okay? Are you complete so we can see if the board members have any questions? (No response.) CHAIRMAN HENNING: Is there any questions? Commissioner Coletta? COMMISSIONER COLETTA: Yes, by all means. First I see Ms. Filson having her one finger up. I'm not too sure what it means. MS. FILSON: I'm just letting you know I have one speaker. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: I need to talk with our affordable housing people to try to figure out what's going on. I have talked with Mr. Barlow. I thought I understood the problem. I'm now more confused than I've ever been. I have no idea what's going on here, absolutely no idea. I don't know what you're asking us to approve I don't know who is telling you that you need another agreement. I don't know what offices you've been to, what offices are refusing to uphold agreements or refusing to reimburse you. I have no understanding of that whatsoever. CHAIRMAN HENNING: Do you want that from -- MR. BARLOW: We submitted one invoice. It has been processed and passed to the Clerk. The Clerk has written a letter to Commissioner Henning that says, I want guidance on whether you want me to pay this invoice or not without a new agreement. That's the essence of the reason that it's a 91. And I would ask you to reaffirm the old agreement, make payments to what we've done so I can sell the house, and then if I can Page 175 October 28, 2008 add any value to constructing a new agreement to you -- but I want you to know that the rehabilitation process takes six to eight weeks, and we're asking for a megillah of a -- CHAIRMAN HENNING: Did you want that from our staff'? COMMISSIONER COYLE: I'd like to have Marcy tell us what is going on and what has been approved and why, and why is this a problem? CHAIRMAN HENNING: For trying to save time, is there any questions of Mr. Barlow before he sits down? COMMISSIONER FIALA: There's a question from somebody. Did we approve this new agreement? I mean, this seems to have come out of no place. COMMISSIONER COYLE: Let's give Marcy a chance to answer that. CHAIRMAN HENNING: Okay. Well, I just feel that this issue is going to go on and on and on, and we need to have some direction, some conversation and a motion and move on from it. So as long as we can get that commitment from Mr. Barlow, I'd be happy to proceed and try to get an answer for Commissioner Coyle's question from our staff. MS. KRUMBINE: For the record, Marcy Krumbine, Director of Housing and Human Services. Commissioners, if you remember in April when we were presenting to you our HUD one-year action plan, John Barlow and some other members of the public came forward and suggested that we start pursuing the rehabilitation and the use of foreclosed properties for affordable housing. You all thought that that was a fabulous idea, and I was directed, through the County Manager, to come back with programs and possible financing to pursue this. We came back in July with our SHIP program to amend what's called the Local Housing Assistance Plan to create a strategy to allow Page 176 October 28, 2008 non-profit organizations to acquire, for the purpose of rehabilitation, foreclosed properties with SHIP money, and you approved that. It went to the state; it was approved. And then in September we also came before you with a reprogramming of HUD dollars, our CDBG dollars, and two new contracts with Habitat and HOME to buy and to acquire, rehab and then resell foreclosed properties. So we've moved forward under your direction to do that. The program that Mr. Barlow is referring to, we modeled it after our single-family rehab program, which we do on a daily basis in our office. We just pared it down. Instead of doing it for the individual homeowner, we're going to do it for the -- with the nonprofit, who is then going to sell it to an individual homeowner because an individual homeowner cannot go in and buy these homes because they need too much rehabilitation and the banks won't finance it. So that's how we set the whole program up. We set up a very simple application process, first-come, first-served, and it is -- it is secured by a mortgage and a Promissory Note like we do our single- family rehab program, and that is what Mr. Barlow applied for and that is what we have done. And it came to the point where he wanted to be reimbursed and we processed it just as we process all the others, and it went forward, and then the Clerk's Office had suggested that there might be other documentation that's needed, an agreement. COMMISSIONER COYLE: So you -- MS. KRUMBINE: Now you're at the same place we're at. COMMISSIONER COYLE: Okay. Now, you believe Mr. Barlow has followed the proper procedures, he has gotten the right approvals, he has filled out the right forms, or otherwise you wouldn't have forwarded it to the Clerk's Office for payment; is that true? MS. KRUMBINE: That's correct. COMMISSIONER COYLE: Now I can ask a question of the Page 177 October 28, 2008 County Attorney. Are you aware of any problems with respect to the contractual relationships or obligations of HOME and Mr. Barlow with respect to this program? MR. KLATZKOW: I believe that the Clerk raised some issues that were valid. COMMISSIONER COYLE: Okay. And what is the resolution for those problems? MR. KLATZKOW: The resolution of those problems is that my staffs been working with Crystal to resolve those problems, and I believe we're just about there based on my conversation with her this mornmg. COMMISSIONER COYLE: And when -- is it likely that that's going to be presented to us or -- do we have to do anything, or is it something that the staff has to do? MR. KLATZKOW: No. You have to approve these contracts. COMMISSIONER COYLE: Okay. And the contracts have never been presented to us for approval before? MR. KLATZKOW: My understanding is all agreements go to this board. COMMISSIONER COYLE: The what? MR. KLA TZKOW: My understanding, sir, is that all agreements go to this board, pretty much. COMMISSIONER COYLE: Okay. These apparently were -- did not, otherwise they would have already been approved by us; is that true or not? MR. KLATZKOW: I don't think this agreement went to the board, no. COMMISSIONER COYLE: Okay. Marcy, what's your understanding of the agreement, that we should approve them or not? MS. KRUMBINE: My understanding is that, again, we parallel this with our single-family rehab program, and we do all of those in-house, Commissioner. Page 178 October 28, 2008 And, you know, just kind of a little sidetrack, just on a personal note, what I would like to say to you is that I believe that since I've become the director of housing and human services, you've seen more, heard more, and we've had more transparency about what's gone on in this office than you ever have before. So there was never any intent on us to sideswipe the commissioners in any way. Again, this is a program that needs to move very quickly. We need to -- you know, it doesn't -- it can't take a very long time to buy, rehab, and then sell a house. We need to get forward, just like our other in-house programs. COMMISSIONER COYLE: Okay. MS. KRUMBINE: So that's why we did it that way. COMMISSIONER COYLE: So right now what we have to do or what we should do is take a look at these contracts, get it on our agenda, we can review it, you can make a presentation, we can approve it or reject it; is that correct? MS. KRUMBINE: You could do it that way. COMMISSIONER COYLE: Is there another way, County Attorney, or is that it? MR. KLATZKOW: Your problem with this program is this: The LHAP that we're currently living under requires that this particular form of contract be competitively selected. It's not first-come, first-served under the LHAP, so there's some discretion involved with staff. If you had a program that there was no discretion by staff whatsoever, that everyone who was eligible got paid on a first-come, first-served basis using board-approved agreements, then that wouldn't have to come to you. The problem here is the LHAP that was approved, all right, has this one particular program as being competitively selected so that staff has the discretion of saying, you get to go with that program, you don't get to go with this program. Those type of agreements require Page 179 October 28, 2008 them to go to the board. So what I'm getting at is if it's purely ministerial where staff has no discretion whatsoever, then yes, staff can get it to an agreement, and they do these things every day. But as soon as you take out the issue of no discretion, as soon as staff now gets to pick and choose who gets the money, that's your decision ultimately, not staffs. And the way this one was structured is, it's competitively selected. COMMISSIONER COYLE: Okay. So how do we resolve the problem with Mr. Barlow who has already expended money, signed agreements with the county, rehabbed the property? How do we ratify that and legalize it? MR. KLATZKOW: Well, ifI can get Crystal up here. It is my understanding that the Clerk will be amenable that we will have a new form contract very, very shortly, we can date the contract prior in time to Mr. Barlow's commencing work, contract can be signed, it can come to this board, this board can ratify the work done, approve the payment, and the Clerk would be satisfied with that approach. Now, if Crystal can comment if I've got that right. MS. KINZEL: For the record, Crystal Kinzel. Commissioners, our -- we need to see the final agreement and go through those things, but I think that's where Jeff and I are. If we could get to the point where we have an agreeable agreement that then can come to the Clerk's Office and we can review that agreement, then remember, after that we do need to look at the invoices and the processing. The only claims or requests for reimbursement that have come from Mr. Barlow's organization is the $409 I have before you. We have not seen any documentation or information supporting the other costs that would make up the 50,000 reimbursement. So the first step is absolutely to get the agreement finalized. We've been working with county housing and the County Attorney's Office to prepare an agreement that I think will meet all our needs. COMMISSIONER COYLE: And how far away are we from Page 180 October 28, 2008 having that agreement? MR. KLATZKOW: From my perspective, we're just about there. I can't talk about the Clerk. I mean -- MS. KINZEL: We received that today. Colleen gave me her final draft or the draft that is most recent. I've obviously been here today. We will definitely look at that. I've seen the draft before. We did have some comments to that, so -- but we need the opportunity to obviously look at the agreement that's been given to us today. But we were almost there, I think, on the draft, so I don't see that it should be an extended period. We just need to finalize an agreement. COMMISSIONER COYLE: Would it speed things along for Mr. Barlow if he were to give you the rest of the invoices so that you can begin to take a look at those and be ready to either approve or disapprove them whenever -- MS. KINZEL: Commissioner, I think we could look at the backup and the invoices if they're submitted, if they're approved by housing and housing's reviewed them and they're satisfied with them from a program. But remember, a part of our due diligence is to compare those invoices to the agreement and make sure that the work performed is in compliance with the agreement, which is why the agreement is so important. CHAIRMAN HENNING: Commissioner Fiala? MS. KRUMBINE: Commissioner, can I -- CHAIRMAN HENNING: Commissioner Fiala? MS. KRUMBINE: I'm sorry. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I was just going to ask, why did the agreement change from what we've always been using and what has been so successful for us? MS. KRUMBINE: It didn't change. What Mr. Barlow signed is a very short application and then a bid specification that outlines -- Page 181 October 28, 2008 and I don't know if he has it here. Our rehab specialist went out to the house just like he does for individual homeowners and outlined what can be done, what can be done within the program specifications and we could pay for, what the costs should be around, very professional, very thorough document, and that's what we're functioning under, and the invoices will match up to that document. And so -- so I believe that we actually have provided all the necessary information that is suitable for payment. COMMISSIONER FIALA: And then is it -- do we -- have the rules changed along the way or -- I mean, we haven't had this problem. Since you've taken over, things have worked smoothly, people have gotten paid, we've rehabbed houses. I know that this is a new program, but you're operating it in the same way. I don't know what all of a sudden has changed. MR. KLATZKOW: Commissioner, in may? MS. KRUMBINE: Good question. I don't know either. MR. KLATZKOW: Commissioner, in may. The Clerk has tightened up its review process on several different issues, including some of our developer contribution agreements. I don't think it's necessarily a bad thing, I mean, to have higher standards on these things, because the one thing you don't want is for the state or federal government to audit you and find problems. So that if the Clerk is going to be tightening up the procedures and requesting more, I really don't have a problem with that. CHAIRMAN HENNING: Okay. Commissioner Coletta and then Commissioner Halas. COMMISSIONER COLETTA: Yeah. I never got a chance to ask Mr. Barlow a question, a statement that was made that I really need to have more details on. Mr. Barlow, would you please step back up, please. When you showed us that particular letter that was Commissioner Henning Page 182 October 28, 2008 offering a legal opinion on what took place, you mentioned the fact that the Clerk asked Commissioner Henning how to proceed. I'm totally lost on that. I probably misunderstood what you said. MR. BARLOW: Crystal wrote a letter to Commissioner Henning that -- received sometime last week, and he used that -- and the letter said, I need guidance relative to paying our invoices. COMMISSIONER COLETTA: I'm sorry. Who said that, sir? MR. BARLOW: Sir? COMMISSIONER COLETTA: Who said that? MR. BARLOW: Crystal wanted guidance from the BCC today COMMISSIONER COLETTA: Okay. MR. BARLOW: -- whether you should direct her to pay our invoice. Now, it's true, there's one invoice there. As I mentioned, we completed the rehab two weeks ago. As you know, subcontractors get their stuff together. We have got almost all of them, $50,000 them ready to go forward in the next five days -- COMMISSIONER COLETTA: But the thing was, it wasn't the Clerk asking Commissioner Henning to do something. He was asking the BCC what to do? MR. BARLOW: The $400. That's the only one submitted. COMMISSIONER COLETTA: Okay, fine. I just wanted to clarify that. I didn't want it left out there that Commissioner Henning was taking it upon himself to take direction, and that wasn't the case. The Clerk was asking him to bring it to the commission. MR. BARLOW: The purpose of my comments earlier was to say that the statements that were made in that I don't agree with and I don't believe the Florida State Statute agrees with or the administrative code. Now, if we want to find other reasons to put that -- together an agreement that asks it to come to you -- I mean, the rehab takes six Page 183 October 28, 2008 weeks, and how long does it take to come before the board to get it scheduled for you to take a look at it? And we're keeping -- or we're paying interest on the house, we're paying electricity on the house, I'm keeping income-qualified people from not closing on the house, and the bank takes another 30 days, too. COMMISSIONER COLETTA: Okay. MR. BARLOW: But right now I can't close on this house until I'm confident -- COMMISSIONER COLETTA: And I heard the same frustration from other elements out there in the affordable housing part of this whole thing. We need to be able to direct the County Attorney to be able to possibly bring a little bit more underneath this department so we can move this forward. I don't want to make you uncomfortable. But the whole important thing is, it's the end product that counts. Anything else is just relative to it. And I'm not worried about hurting anybody's feelings. I just want to see these things happen in a legally sufficient way with the least amount of turmoil for anyone. And if it requires a new look at it from another part of our county government, maybe the County Attorney's Office, for a short time at least, could be able to oversee this whole process to work directly with the people that are able to be able to accomplish it; let's do it. Because if we're getting bogged down in moving paperwork back and forth between different parts of this government, let's see what we can do. I think you're much more capable to deal with the Clerk's Office than anyone else in this room. MR. KLATZKOW: Commissioner, you have two issues here. Your first issue is that of timing, all right, because it does take four, five, six weeks to get to the board, and during the summer it can take longer, all right, but you can't get around that if staffs going to have discretion. So if staff wants to be able to set up a procedure where these things are approved administratively, we have to change the Local Page 184 October 28, 2008 Housing Action Plan. We just do, all right. The second thing is the Clerk's Office. Now, I have no control of whether the Clerk signs off a check. I can only work with the Clerk. I happen to think the Clerk has raised some good points on this, and we're tightening this procedure up and we're tightening other procedures up. And I think we're very, very close on this one. We're very, very, very close on the DCA issues. And, you know, I fully expect on your next meeting on your consent agenda will be Mr. Barlow's agreement for you to ratify and we'll be done. COMMISSIONER COLETTA: Yeah, in may, too. We're still not quite there. I just want to make sure that we keep moving this thing forward. You mentioned about administratively. I would like to hear more about it at another meeting where we might be able to have it on the agenda for discussion. This whole process takes so darn long, and meanwhile we have people out there that are paying interest on loans, that are just trying their darndest to make things work, and it's not because of the fact that we have that bottleneck, but we can set the parameters for something to take place and be able to make sure that staff follows it. I'm for going back and looking at that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I guess where my problem lies in here is that you're the County Attorney, you have people working for you, so you should be able to write the agreement up and make sure that it conforms to the rules and regulations and to the statutes within the Florida law, and the Clerk is just that. He's the Clerk. MR. KLATZKOW: Commissioner, I-- COMMISSIONER HALAS: He pays -- he pays the bills, and that's it. MR. KLATZKOW: Commissioner, I understand that, but when I'm writing an ordinance that requires the sheriff to enforce it, I get the Page 185 October 28, 2008 sheriffs commitment to that ordinance because there's no point on this board passing an ordinance the sheriff doesn't like. The Clerk -- the Clerk, sir, is a check and balance against the county. And if the Clerk's not comfortable with a county procedure-- I don't have any issue with working with the Clerk until the Clerk gets comfortable. Now, ifthere comes a point in time where the Clerk is not going to say yes to anything -- and that time has never come, to my knowledge -- then at that point in time I would come to this board and we would have a discussion. But it's -- it's working with another -- it's working with a constitutional officer, whether it's the Sheriffs Office or the Clerk. COMMISSIONER HALAS: Okay. I guess what we need to do is then -- is find a way that we can streamline it and still be within the confines of legality. MR. KLATZKOW: I agree with that. CHAIRMAN HENNING: And I think we're all saying the same thing is -- is streamline it, take away the discretionary, the ordinance -- or the resolution that we passed in '05/'06 referring to this payment sheet, we had discretionary (sic), had the ability for staff to change the agreement. That's discretionary. We can't do that. And the next thing, Commissioner Coletta, that's not my legal opinion because I didn't say, in my legal opinion this is what I think. So I just want to correct a statement that you made. COMMISSIONER COLETTA: Well, it's just the way it's written, and it shows a certain amount of legalese that I didn't know you possessed. And it's still an opinion, right? CHAIRMAN HENNING: It's an opinion, but you said legal opinion, and I didn't want anybody to think that I was giving legal opinions out there. COMMISSIONER COYLE: It was an illegal opinion. CHAIRMAN HENNING: It was an opinion -- it was a response to Mr. Barlow's email to me. If had nothing -- if you look at the date, Page 186 October 28, 2008 you were sent the same email. The second thing, the payment request, to try to get this on the agenda, Crystal Kinzel, in my opinion, is trying to resolve this issue, that's why she asked me, and there's no way that I can say, well, yeah, go ahead and pay it. This needs to be a board decision. I thought I was doing Mr. Barlow a favor by doing this. That's why I wanted to put it on the agenda because I think we're going to see Mr. Barlow here until he's satisfied, and I think we're trying to satisfy him. And what I understand is we're going to have an agreement on the agenda between HOME, Mr. Barlow, and the Board of Commissioners. I think that's what I said in my email, too, the response. Commissioner Fiala? COMMISSIONER FIALA: My concern right now is we are addressing this problem globally as -- we're changing the way we do things. We're tightening things up, and you say that you agree with the Clerk's Office. They're trying to just make sure that they meet all of the requirements. Our housing and human services department is trying to work with them, but we only meet once in November. There's only going to be four of us here in November. Then we don't have another meeting til December. How -- what is happening to these people? And he isn't the only one. What is happening to all of the people who are waiting to be paid? Even though we all know that they legally should be paid, are we going to be driving people out of business because we have to tighten things up? In the end they're all going to be meeting all of those requirements but yet now, right now, we're putting people at a tremendous hardship at this very economically tough time for all of us. And I'm very concerned with how much time is going to be used in getting to the final result administratively. Page 187 October 28, 2008 CHAIRMAN HENNING: We're all saying the same thing. COMMISSIONER FIALA: No. I just said I'm worried about time, is what I'm saying, and getting these people paid. CHAIRMAN HENNING: Well-- and we all said the same thing, we're concerned about time. How can we take away the discretion and be administrative so that we can speed it up for these people to get paid? And we have a public speaker? MS. FILSON: It was Crystal Kinzel. CHAIRMAN HENNING: Well, she answered the question. I don't know if she addressed what she wanted to speak on. She waives. Okay. MR. BARLOW: May I request one minute? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. My concern is, how much time does this gentleman have before he can close on this property so that the bills are taken care of, he pays off the people who have done the work, and this person that he just got qualified can move into the property? MR. KLATZKOW: Commissioner, if we can change the LHAP and take out all discretion of the program, then this can move very quickly. COMMISSIONER HALAS: Well, when you say quickly, how -- what is quickly? MR. KLATZKOW: As fast as Marcy can get to it. I mean, to be blunt. COMMISSIONER FIALA: What's an LHAP? MR. KLATZKOW: Local Housing Assistance Plan. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I really want to hear what John has to say in closing notes. He heard the discussion here. Have we missed anything or do you think we've got a grasp on this Page 188 October 28, 2008 problem? MR. BARLOW: I think you have a clear grasp. The only comment I wanted to make is I have been dealing with direct conversations with Crystal since August -- September the 3rd. This is a booklet of the emails that we have passed back and forth. I've had a couple meetings with the County Attorney, and today is the first time anyone has mentioned to me that the discretion element in the LHAP is the trigger to the new agreement or an important factor, today. COMMISSIONER COLETTA: Whatever it takes, John. MR. BARLOW: And this is two months of work researching because Dwight Brock -- I've had two meetings with him. You know what he told me? Follow the law. The first time, two months. Now, Venetia Harvey, who I have the application of -- there are two more coming that are being income qualified. We will wait until November the 18th because she doesn't qualify for 175,000. It has to be 125,000. COMMISSIONER COLETTA: We're not talking about that $400 bill. We're talking about your other bills too, between now and our meeting in November. That's my understanding. I don't want to forward you a check for $400 at the end of -- MR. BARLOW: We're going to have to -- we're going to have to reimburse the subcontractors before your next meeting out of our treasury because we're not going to go delinquent with them because I get -- you know, they've already done the work. They've got to pay their workers. Remember the 60,000 I put up here? We put that money out there. We're going to have to put -- pay these subcontractors $50,000 from our pockets unless you can find some way to circumvent this item that appeared today for -- to me for the first time. It's not even in the new agreement, to be quite frank with you, the reference to it. COMMISSIONER COLETTA: Thank you, sir. MR. BARLOW: I'm passionate about this issue. You might could tell. Page 189 October 28, 2008 MS. KINZEL: Commissioners, since my name was used yet again, could I please say something just very quickly? Mr. Barlow's exactly right. I've been meeting with him for a long time, and from the very first time that I met with him, I indicated to him that I believed he needed an agreement. I showed him areas within the requirements that he needed an agreement. I called and verified my understanding with the State Finance Corporation. They said we needed an agreement. I have consistently indicated that to him and asked him to go back to housing. We have sat down with housing and the County Attorney's Office to work this out. He keeps indicating that it's something with our office. I've only received the $400 payment. Unfortunately, I've tried to assist him throughout the process in getting an appropriate agreement that meets all the legal requirements. We're not the attorney. We rely on the attorney's office. We are working with them, and that's where we'd like to get. But since the first time I met with him, I've indicated that he needed that agreement. Thank you. CHAIRMAN HENNING: I had the privilege of going down there and visiting the house and had a camera and shared those with my wife, and she asked me to ask Marcy how she can get government funds for granite countertops, so expect a call from my wife. MS. KRUMBINE: Well, for the record, I'd like to answer that, and county funds do not -- government funds do not pay for those granite countertops. Those granite countertops come from the phenomenal board and connections of housing opportunities made for everyone, that this is not just government money going into that but that of business people and community members that are contributing things as well, including granite countertops which, by the way, I don't have in my house either, Commissioner, and I just redid my kitchen. CHAIRMAN HENNING: We need to figure that out. COMMISSIONER COYLE: Is it time for a break? Page 190 October 28, 2008 MR. MUDD: Commissioner, can I just ask a question, and maybe we can get some finality on this one. I believe -- I believe Mr. Barlow would like to get paid because he signed the agreements, he did everything he thought he had to do in order to get into this program and to have a viable -- and have a viable program. He has a house that's done, for all practical purposes, and I, too, went to the house and took a look at it. So he has, let's say, $50,000 worth of vouchers that are outstanding. He will sign -- okay, I have no doubt, he will sign an agreement with this board and have it for you at the next meeting so that it's there. The question remains, you have an agreement that's going to be consummated on the 18th of November and you have a house that's been renovated from August, the end of August, until the end of September that has vouchers out. Is this board going to honor those vouchers and direct the Clerk to pay those vouchers, those bills? CHAIRMAN HENNING: We have an LDC meeting on Thursday, if we could get the agreement on there. We also have an AUIR Meeting November 3rd, if we can get the agreement on there. So what's the big deal? So, you know, work with your staff and get that agreement on the agenda. MR. MUDD: The agreement will be at a point in time. The question still remains, is the board going to -- are you going to have us postdate that agreement so that it honors it, or are you going to honor the vouchers? That's the question. What does the board feel comfortable with this agreement? Because this agreement will be for this house. Is signing the agreement after the fact going to get the payments to those vouchers for the work that was done from rehab from the end of August through the end of September? That's the real question that remams. Mr. Klatzkow, I turn to you as a legal opinion. Page 191 October 28, 2008 MR. KLATZKOW: And as I spoke with Crystal, we're going to predate the agreement to before the time Mr. Barlow commenced the work, and the board is going to ratify the work and direct that the Clerk make payments. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: How do we support that legally? MR. KLATZKOW: Well, he did the work pursuant to staff direction. It was kind of hard for us to say no to him at this point in time, I think. I mean, you've got a quantum meruit claim to begin with. So, quite frankly, it's not only the right thing to do; I think it's the legal thing to do. COMMISSIONER COYLE: Well, I agree it's the right thing. MR. KLATZKOW: We ratify prior actions, you know, all the time. CHAIRMAN HENNING: Okay. The next item? COMMISSIONER HALAS: Do we need a motion on this? CHAIRMAN HENNING: No. They're bringing an agreement whenever you can get it. If you can get in earlier before our next meeting -- MR. MUDD: I will get it -- I will get it on an agenda here as fast as I can. COMMISSIONER FIALA: Does it have to be advertised if we hear it this coming Thursday? MR. MUDD: No, ma'am. You're basically giving me direction to come forward with an agreement -- COMMISSIONER HALAS: Thursday. MR. MUDD: -- for Mr. Barlow that's going to be predated, postdated, whatever -- predated for this board's consideration so that we can get solved. And I will get it to you either -- either during your Land Development Code briefing or during your AUI (sic) briefing next week. CHAIRMAN HENNING: Can we take a break before we Page 192 October 28, 2008 continue this discussion? COMMISSIONER COLETTA: Are we going to stay with the discussion? CHAIRMAN HENNING: You know, I think we've beat it up enough, but we can continue it. COMMISSIONER COYLE: Let's finished it. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Well, just one thing we got into a discussion about and we never gave direction, was administratively. We were talking about administratively, but what do you understand was the directions from this commission, if any, regarding going to administratively to be able to move this forward in the future? MR. MUDD: Commissioner, what we will do, based on -- based on what I heard, we will come up with an agreement that has no discretion for staff anywhere in it that's totally ministerial in nature, and we will bring that back to the board as a blank form and get you to approve it so you can delegate that particular issue so that there's no confusion that it -- that it is a valid delegation and it's ministerial in nature to the staff, and I believe that will solve that particular issue. MR. KLATZKOW: And we will have to amend the LHAP, which we do all the time. MR. MUDD: Yep. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Take a lO-minute break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'll please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Which item would you like to go to, sir? CHAIRMAN HENNING: 10D. Page 193 October 28, 2008 Item #10D RECOMMENDATION TO REJECT BID NO. 08-5087 FOR BRIDGE REPAIR AND MAINTENANCE - APPROVED MR. MUDD: 10D is a recommendation to reject bid number 08-5087 for bridge repair and maintenance. COMMISSIONER COLETTA: Motion to approve. MR. MUDD: Mr. Steve Carnell, your Purchasing Director, will present. CHAIRMAN HENNING: Mr. Carnell? MR. CARNELL: Yeah, briefly. Mr. Carnell, Purchasing Director, for the record. This is a bid solicitation that we put out in an effort to try to strategically consolidate how we contract for bridge maintenance repairs. We have nearly 100 bridges in Collier County. And we went through the bidding progress, contacted almost 500 vendor sources, had a pre-bid conference that was fairly well attended and then we, frankly, were just disappointed with the outcome. We only had two bidders submit. One of them was not qualified and the other, while they were generally qualified, there was some confusion about parts of the bid submission. So simply, staffs recommending that we rebid the contract, and with an effort to get more competition and better responses, and also we need to reformat the contract to make it more workable. CHAIRMAN HENNING: Okay. We have one public speaker. MS. FILSON: Yes, Mr. Chairman. Mr. Michael Thompson. MR. THOMPSON: Yeah, good afternoon. For the record, my name is Michael Thompson, and I'm the president of Design Build Engineers and Contractors. I want to thank the board for giving me the opportunity to speak to you this afternoon regarding this bid solicitation, bid results. Page 194 October 28, 2008 The reason I'm standing here before you is to ask you to reconsider the recommendation by staff to reject this bid. This bid-- and just for your information, the scope of this bid was basically for repair and bridge maintenance. And there are certain elements of the bid criteria that limits the amount of contractors that could bid on this project, and one of the criteria was safety certification that were required. There are 189 items on the bid. Staff had an issue with one of the items, which is immobilization. There was some confusion prior to the bid regarding mobilization. As you bid this job, you didn't know how many bridges that you were going to mobilize for. But an addendum was issued, addendum or two was issued in July, and the addendum states that there were 97 bridges, and also give the various locations where they are over water and the various crossings. With that in mind, we came up with a mobilization fee of $40,000. The question was asked of us in the past from staff, if you did one bridge for us, for the county, would we -- would the county have to pay us $40,000? I said no. For clarification, if you, again, go back to the addendum number two, it clearly states that there were 97 bridges, which is basically the 40,000 robotics, 97 works. So that's about $412 per bridge. So for each bridge, all the mobilization fee would be about 400 and change. So we do two bridges for $800 and change. We think we clearly -- we've clearly answered that question, and that was the issue that was hand for this bridge to have this contract -- the primary reason why this contract, to be rej ected. Other bidders may not take the time out to look at the addendum, but we surely took the time to look at the addendum. We have also made preparations for this job when we realized that -- we're going in the direction of awarding, county being -- staff asking us for our insurance information. So we figured that we are going in the right direction. Then we Page 195 October 28, 2008 get an email saying we're thinking about -- we're not too happy with the outcome of this bid. We want to reform it to a different format and solicit it again on a bridge -- on a project that we think we are responsIve. We're just looking -- basically looking for the -- as commissioners, to reconsider the staff recommendation. It is responsive bid. Not only that -- I'm not sure if my name is up here-- but not only that -- one quick step. Not only that -- and I'll just take one more minute of your time. This bid is identical to the Collier -- to Broward County big-time item. It's identical. To be using this big-time item for eight years and just re-awarding it. It's going to be 12 years. It's not a problem that they have perceived using this same. And Collier County has adopted the same big-time -- big-time item. And we think we have addressed the mobilization issue. Thank you. CHAIRMAN HENNING: Thank you. Mr. Carnell? Is it, in your opinion, because one wasn't qualified that we need to re-bid this item? MR. CARNELL: In part, because it was our desire to have two contractors, a primary and a secondary. We only have one available who's qualified who fully responded to the bid schedule. But the bigger issue, from our point of view -- and there's two. One would be that there are eight to 10 small bridge repair contractors certified by the FDOT. We contacted them and we contacted several other people who are potentially capable of doing the work. We had a very well attended pre-bid conference with, I would say, at least ten firms attending, and we thought it was all systems go, if you will. And this happens sometimes. You get to the bid opening process and you only have two people at the altar, if you will. And we believe in talking to people who didn't bid and in talking to Broward County, talking to some other government locations, that we could do better in a re-bid situation. People had complained about Page 196 October 28, 2008 the specifications being vague. People have complained that -- what we really did was, we priced out a number of standard unit items that he was talking about, 189, and some of the contractors said that they were based on standard lengths and in their experience, that you don't necessarily sell or install at these standard lengths, and that really we might be better off to redo this process and prequalify people consistent with what Mr. Thompson said about, pre-qualify them based on their safety, FDOT capability, get the board to award a pool of one, two contractors, perhaps, three, in that scenario, and then take prices from them job by job, and that way you could price the exact length job by job of the materials, of the units, of the equipment that you need. The other issue is that we've had some issues with the Clerk's Office regarding some other similar contracts, not involving bridges, but involving road repair and maintenance, where we've had a similar set-up to the way this original solicitation occurred, where we tried to get a number of unit prices in advance, and then we had trouble when we went to the implementation where the price proposals didn't -- the estimate that the contractor provided to actually do the work didn't match the contract. So we were trying to instead -- we're now looking at a direction where we would price the jobs as we go. Again, for the same reasons I said, and also because then you wouldn't have a contract schedule that's potentially in conflict with the actual proposal for the job, if you follow what I'm saying, job by job, as we do the work. So that's, right now, what we're looking at. We think if we re-bid it, we can make it more attractive to contractors. We think in this economy we should be able to get more than two people to bid. And particularly with the show of interest that we had prior to bidding it, we just think we can do a better job if we take another stab at this. CHAIRMAN HENNING: Okay. Entertain a motion. COMMISSIONER COLETTA: Motion to approve staff Page 197 October 28, 2008 recommendations. CHAIRMAN HENNING: Is there a second to the motion? COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Halas. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER FIALA: But now this gentleman can re-bid again, right? COMMISSIONER HALAS: Yes. COMMISSIONER FIALA: He can just submit his package again, right? Okay. Item #9 J DISCUSSION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES, CLERK OF COURTS AND THE TAX COLLECTOR REGARDING THE AGREEMENT - MOTION TO CONTINUE - APPROVED MR. MUDD: Commissioner, that brings us to 9J -- CHAIRMAN HENNING: Right. MR. MUDD: -- okay, which is to discuss an interlocal Page 198 October 28, 2008 agreement between the City of Naples and the Clerk of Courts, along with the Tax Collector, regarding interlocal -- regarding an interlocal agreement. COMMISSIONER COLETTA: I'm sorry, Commissioner Henning. I thought that Guy Carlton would have got to you. He asked me this morning if we would be able to continue this to the next meeting. He'd be more prepared to be able to address it. CHAIRMAN HENNING: Yeah, but I actually -- talking to staff on -- or actually deputy County Manager, he's seen no reason for these to go on the Consent Agenda. Am I speaking out oftum? MR. OCHS: No, sir, you're correct. In talking with the County Manager, when he sent his memo out to the constitutionals asking for this information, our intent was to make sure that all of the constitutional officers were complying with the Florida Statutes with regard to coming back to the board and getting the board to approve any arrangements or contracts that had been entered into for leased office space since that is, as I understand it from Mr. Klatzkow's legal opinion, the purview of the Board of County Commissioners and not anybody else. CHAIRMAN HENNING: Correct. I agree with that. So do you want me to -- COMMISSIONER COLETTA: Well, I'm just passing that information on to you. CHAIRMAN HENNING: Do you want me to continue this and put it on the consent agenda for the next meeting? COMMISSIONER COLETTA: I think out of respect for Guy Carlton, I would leave that decision up to this commission. CHAIRMAN HENNING: Commissioner Coyle, what would you like me to do? Do you want me to bring it back and put it on the Consent Agenda? COMMISSIONER COYLE: Yeah. It would be good if I understood why Guy Carlton didn't want it to be heard today, but it's Page 199 October 28, 2008 not going to make a big difference to me. CHAIRMAN HENNING: Yeah, because he couldn't be here this afternoon, I guess. COMMISSIONER COYLE: Oh, I see, okay. I don't have a problem. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I hope we're all on the same page. Are we basically addressing the issues that the County Attorney, in his findings, is that what we're -- CHAIRMAN HENNING: We're trying to rectify the County Attorney's findings by memorializing-- COMMISSIONER HALAS: Then it is the Board of County Commissioners as a legislative and governing body of the county that has the sole responsibility of leasing, allocating, assigning, and maintaining space in the county courthouse or any other county building; is that correct? That's what we're going to be discussing? MR. MUDD: Yes, sir. And what would happen on these particular issues or items. COMMISSIONER HALAS: They have to come before the board -- MR. MUDD: Brought to the attention of -- the Clerk of Courts on his particular item would have an Executive Summary with the agreement and layout, rationale the conditions why he needed the space, da-ta, da-ta, da-ta, and ask the board to ratify the agreement which he basically executed back in January or February. I believe there's another issue that, ifhe collect fees outside of the county seat -- and this is the seat -- this is the county seat. COMMISSIONER HALAS: The city. MR. MUDD: And ifhe's doing those things at the City of Naples, there also has to be a resolution to that particular item, an agreement by the board that that's okay, and in the Tax Collector's particular case, in Executive Summary and the agreement that he has Page 200 October 28, 2008 or any other agreements that he has that haven't been ratified by the board as far as space is concerned, lease space someplace else. COMMISSIONER HALAS: I have one other question. Would it be also left up to, let's say in this case, Facilities Management to go out and determine whether the areas that are going to be rented is at our best -- best cost? Because we have to -- we're the ones that actually pay the bills. MR. MUDD: I understand that, sir, and I would say to you that in the future, as these particular items come up or need from a constitutional officer for space that's off site, come up, that that be something that the board would examine prior to their approval. But in these particular cases, we have executed documents that need to be ratified by the board in order to keep them in concert with the Florida Statutes. I would hope that during their consideration and their Executive Summary, they would layout the rationale for their need for that particular document to be ratified at this time, and in the future that would also be the case. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. Does that answer your question? COMMISSIONER HALAS: That answers it. CHAIRMAN HENNING: Commissioner, you want me to put this on the Consent Agenda? COMMISSIONER FIALA: That's fine with me. CHAIRMAN HENNING: Okay. We're going to continue this item to -- MR. MUDD: Yes, sir. And I'll get -- make contact with the constitutional officers so we break it out and have it on the Consent Agenda under their particular item. CHAIRMAN HENNING: Okay. So you don't want me to bring it back? Page 201 October 28, 2008 MR. MUDD: No. We'll bring it back. We'll make contact with them and we'll take those items and bring them back so they can be each individually approved because the Clerk's item's got two pieces to it, and the tax collector only has one. CHAIRMAN HENNING: The Clerk has one agreement? MR. MUDD: One agreement, but it has -- with the agreement and the ability to take -- and being able to record and collect fees outside of the county seat. That's the other piece that you've got to get ratification on. CHAIRMAN HENNING: Okay. So you don't want me to work on that. You're going to take care of that? MR. MUDD: We've got it. CHAIRMAN HENNING: Great. So I need a motion, I guess, to deny this item because I put it -- MR. MUDD: Let's just continue it, and it will take care of itself. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I make a motion to continue. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #10A Page 202 October 28, 2008 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER OPTIONS PERTAINING TO REMEDIES FOR PAST DUE AND EXPIRING IMP ACT FEE DEFERRALS AND PROVIDE DIRECTION TO THE COUNTY MANAGER, OR HIS DESIGNEE, RELATED TO THE IMPACT FEE DEFERRAL FOR BRITT ANY BAY PHASE I AND POLICY DIRECTION TO BE APPLIED TO SIMILAR IMP ACT FEE DEFERRALS WITH FUTURE EXPIRATIONS - MOTION TO ACCEPT OPTION #4 - APPROVED MR. MUDD: Commissioner, that brings us to Item lOA, and that's a recommendation that the Board of County Commissioners consider options pertaining to remedies for past due and expiring impact fee deferrals and provide direction to the County Manager or his designee related to the impact fee referral for Brittany Bay Phase 1 and policy direction to be applied to similar impact fee deferrals for future -- at future expirations. Ms. Amy Patterson, your impact fee EDC Manager of Business Management, Budget Department, Community and Development's Environmental Services. I'd just liked it better when you were the director, okay, of impact fees. That's fine. CHAIRMAN HENNING: May I -- I like option four. COMMISSIONER COYLE: I do, too. I'll second it. COMMISSIONER FIALA: Me, too. CHAIRMAN HENNING: Motion by Commissioner Coletta (sic), second by Commissioner Henning. COMMISSIONER FIALA: That's Commissioner Coyle over there. CHAIRMAN HENNING: Did I say Coyle (sic)? COMMISSIONER COYLE: Remember, Coletta is always on the left. COMMISSIONER COLETTA: My name just sticks on the end Page 203 October 28, 2008 of his tongue. CHAIRMAN HENNING: Motion by Commissioner Coyle to approve staffs recommendation, second by Commissioner Henning. Discussion? Commissioner Halas? COMMISSIONER HALAS: Yes, I have discussion. And too bad the petitioner isn't here or the owner of this. Do you know what his game plan is in regards to meeting the requirements for February 3rd? MS. PATTERSON: No. We did send him a letter notifying him of the due date. I'm sorry, Amy Patterson, for the record. We did send him another letter notifying him of the due date of the February -- coming due February, and we have not received any calls or any correspondence. I also did put in a call to him ahead of this board meeting to let him know that I prepared an executive summary with options that would address both his past due impact fee deferral as well as possibly those coming forward. And I, again, did not receive any feedback or a return call. COMMISSIONER HALAS: And I think option four basically says that we're going to let this continue on for 10 years. And I have a concern -- 10 years from the time that it was enacted, right? MS. PATTERSON: Ten years from the -- right, from the original term. COMMISSIONER HALAS: Ifhe hasn't put together a business plan to set aside monies to address this impact when times were good, how do we know he's going to address this later on? And it's like kicking the can down the road. MR. MUDD: I want to make sure that I correct what Amy just said on the record real quick. This is 10 years inclusive of the original six years, nine months. COMMISSIONER HALAS: So we're looking at 16 years? MR. MUDD: You're only -- no. Inclusive. Didn't say exclusive. The way you said it, it almost sounded like you said exclusive. And I Page 204 October 28, 2008 want to make sure that's correct. So let's make sure we've got the timing down. Right now the rule is six years, nine months, you owe the impact fees. Option four says, fine, we -- if the applicant comes forward and asks the board to extend it to a term of 10 years instead of six years, nine months, at that time he or she pays 60 percent of the impact fees that were deferred. The remaining balance, the remaining balance, the other 40 percent can be extended to the final term at end of that 10-year period. Now, that means that the extension is only three years, three months. Three and three, yeah. Yeah, three years, three months. I got it. And so during that period of time, that 40 percent, if they are for profit, they will pay interest on the impact fees that are due. If they are nonprofit, they will pay no interest on the fees that are due. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. What teeth are we going to have in here, being that they have not even offered the courtesy of a reply with any of our letters or phone calls, what makes us think we're going to get the 60 percent anyway? So how long do we give him to pay the 60 percent, and then what do we do if they haven't? MS. PATTERSON: Well, we have two different issues. Brittany Bay, that's Phase 1, was due a year ago. So that one they would need to come forward with immediately. I'm looking to the County Attorney if he wants to -- MR. KLATZKOW: I'll make it simple, Commissioner. Amy's going to make this offer to these folks. If these folks don't take the offer, I will be coming to you on an item requesting your permission to commence suit for collection. It's one or the other. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: My concern is, is that I don't want to keep pushing this down the road because if this is for profit, this person is going to maximize everything and let the property basically Page 205 October 28, 2008 deteriorate to a point where it's not beneficial for anybody then. That's my concern. MR. KLATZKOW: I share that concern. CHAIRMAN HENNING: Any further discussion on the motion? COMMISSIONER COLETTA: Would you repeat the motion, please? COMMISSIONER HENNING: Motion is to accept staffs recommendations. COMMISSIONER FIALA: Number four. COMMISSIONER COLETTA: Thank you. COMMISSIONER HALAS: Option four. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MS. PATTERSON: Thank you. Item #10B RESOLUTION 2008-326: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A LOCALLY FUNDED AGREEMENT BETWEEN FDOT AND COLLIER COUNTY FOR CONSTRUCTION OF A NEW BRIDGE Page 206 ,_",__"._,-0,_ ..___.__.".C"'... October 28, 2008 OVER THE COCOHA TCHEE RIVER ON COUNTY ROAD 901 (V ANDERBIL T DRIVE), A MEMORANDUM OF AGREEMENT BETWEEN THOSE PARTIES AND THE STATE DEPARTMENT OF FINANCIAL SERVICES ESTABLISHING AN ESCROW ACCOUNT TO DEPOSIT FUNDS RELATED TO THAT PROJECT, AND A RESOLUTION APPROVING THOSE AGREEMENTS AND AUTHORIZING THE CHAIRMAN TO EXECUTE BOTH AGREEMENTS - ADOPTED MR. MUDD: Commissioner, the next item is lOB. It's a recommendation the Board of County Commissioners approve a locally funded agreement between FDOT and Collier County for construction of a new bridge over the Cocohatchee River on County Road 901, Vanderbilt Drive, the Memorandum of Agreement between those parties and the state Department of Finance Services establishing an escrow account to deposit funds related to that project, and a resolution approving those agreements and authorizing the chairman to execute both agreements. And Norm Feder, your Transportation Services Administrator will present. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas to approve staffs recommendations, second by Commissioner Fiala. Mr. Feder? MR. FEDER: Mr. Chairman, I'll be very brief. I also want to note that in addition to what you see here of about 1,761,811 that's looked to come out of the 3 million from the developer agreement, this approximately 700,000 also that will come out of that 3 million in a utility agreement will be coming to you in a little while. When we relocate utilities when they're not expanded, that's paid for out of the transportation funding program as well. So that will be a Page 207 October 28, 2008 subsequent one to come to you. CHAIRMAN HENNING: Thank you. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 4-0. Next item? Item # lOC RECOMMENDATION TO REVIEW AND APPROVE THE PROPOSED COLLIER COUNTY 2009 STATE LEGISLATIVE PRIORITIES WHICH WILL BE DISCUSSED AT A JOINT BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY LEGISLATIVE DELEGATION PRE-2009 LEGISLATIVE SESSION WORKSHOP SCHEDULED ON NOVEMBER 14, 2008 - MOTION TO APPROVE WITH THE EXCEPTION OF TAX INCREASE ITEMS - APPROVED; MOTION TO REQUEST A CHANGE TO FLORIDA STATUTE TO ELECT RATHER THAN APPOINT MEMBERS TO THE FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD - APPROVED MR. MUDD: Commissioner, the next item is 10C. That's a recommendation to review and approve the proposed Collier County 2009 state legislative priorities, which then will be discussed next at a joint Board of County Commissioners and Collier County Legislative Page 208 October 28, 2008 Delegation Pre-2009 Legislative Session Workshop scheduled on November 14th, 2008. Ms. Debbie Wight, Assistant to County Manager, will present. MS. WIGHT: Good afternoon. Deb Wight, for the record. Would you like to go down one by one the priorities on the executive summary? CHAIRMAN HENNING: I don't need that. I have a couple concerns, that's all. COMMISSIONER FIALA: Me too. COMMISSIONER COLETTA: Me too. MS. WIGHT: Just so you know, also I have Lieutenant -- or Commander Mike Williams with the Sheriffs Office is here if you have any questions about the immigration. We have the Criminal Alien Task Force. He is subject matter expert on that, if you have questions; and also, Jamie French. He is the staff subject matter expert on the Florida Governmental Utility Authority. CHAIRMAN HENNING: Okay. Commissioner Halas has questions. COMMISSIONER HALAS: Yes. There's one item that I'd like to find out if there's support here on the Board of County Commissioners and that is to request a change in the Florida Statutes to elect rather than appoint Florida Water Management District's governing boards. COMMISSIONER COLETTA: I'll second that, because I was going to bring it up if you didn't. COMMISSIONER HALAS: Oh, okay. I think that should be on our legislative agenda and I think also we need to approach F AC on it to see if we still have support from F AC in that regard also. MS. WIGHT: Okay. That was on our 2007 list, and I think I showed you, that was a -- there was a resolution that the board did in 2006. COMMISSIONER HALAS: Yes, 2006, exactly. Page 209 October 28, 2008 MR. MUDD: But Deb, it's going to go -- if the board decides when we get done talking with the workshop -- because right now it's 2-2, so we have no choice sitting -- we need to add it. But if we -- if after the workshop the legislators are comfortable with it, then we're going to have to do another resolution with the present chairman's signature on it. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. One thing I don't care for -- I don't know how my other fellow commissioners feel about it, was -- is the real estate transfer fee. I think that these -- with these economic times as they are, I'm just happy somebody's going to buy some of these derelict houses that are sitting on the market. I hate to charge them a fee to do that. That's my own personal opinion. And the other thing was, I was -- I was amazed. I did not realize with the immigration laws that immigration is not a Florida law. It was -- and I thought, oh, my goodness, we really need to do something to help our Sheriffs Office fight the problems. They say we have a bigger problem here than in most areas around the country right here in Collier County, and so we need to support their efforts on this. MS. WIGHT: Sheriffs Office is very anxious to work with the Board of County Commissioners in moving this forward. COMMISSIONER FIALA: Good. MS. WIGHT: I don't know if you wanted to ask him any questions or -- COMMISSIONER FIALA: I'd love to hear what he has to say, if that would be all right with you. CHAIRMAN HENNING: That's your time. MR. WILLIAMS: Good afternoon, Commissioners. I don't have anything in particular to say, but I'd be more than happy to answer any of your questions about the proposed legislation or the program in general if you'd like. I mean, it's pretty -- the issue -- the only issues Page 210 October 28, 2008 right now with our 287G, our Criminal Alien Task Force Program, our authority to make these immigration arrests is delegated from the federal government. Our concern is that there's other counties that can't, budgetary reasons or they're just -- the class isn't there for them to participate in this program, and they may want to, at times, make immigration arrests. It's not going to be wide-scale because ultimately the proposed legislation change will only give them the statutory authority to make an arrest. They won't give them the authority to process and detain for long periods of time in transport. They'll still have to go through ICE. But there's been a lot of circumstances where you come across somebody who needs to be arrested on those immigration charges because of the threat that they pose outside the immigration issue, the criminal threat they pose to the community. Our concern is that with change in Washington Administration, regardless of who comes in, there may be a change of the 287G Program. They may remove that authority, they may decide not to expand that authority. And we want to assure that law enforcement communities in Florida still have the ability to make these immigration arrests, should they need to, at the discretion of their own agency. Obviously they can limit it with their policies. COMMISSIONER FIALA: Thank you for telling us that. CHAIRMAN HENNING: Do you have a question of the lieutenant? COMMISSIONER HALAS: No, I don't have a question. CHAIRMAN HENNING: Did you have a question? COMMISSIONER COYLE: Well, not so much a question, but maybe just a comment of support. Well, let me turn it into a question. How are we going to get other counties in Florida interested in doing what we're doing? I know that in Southwest Florida, Collier County seems to be the only county that believes that illegal Page 211 u_____..._~"._ M_"" ....---.-" October 28, 2008 immigration is a problem. Charlotte County, Lee County, Hendry County all say they're not really interested. In fact, they don't even collect statistics on that sort of stuff. It would be really good if we could have the state legislature mandate task forces such as the one that the sheriffs agency has established here, but I don't have a good feel for the sheriffs in other counties getting on board to do this. What do you feel we can do? MR. WILLIAMS: Well, there's -- I mean, there's mainly two reasons why a certain municipality or county won't get on board. It's either budgetary or it's political. Sometimes it's just not a political reality to get on this program, and I understand that. And they're elected officials. They have to do what they have to do. Budgetary, a lot of it's reimbursed by the federal government, some of it's not. It's a staffing issue. You do have to take people from their normal j ail duties and put them into this duty. I have myself and two full-time sheriff deputies outside the jail that do this full time. That limits what we can do elsewhere with the Sheriffs Office. Now, I think you get a lot of bang for your buck in this program when it comes to the kind of criminals that you're removing from your community. But the fact remains that it still can be a staffing issue. I know the sheriff is pursuing with the state some type of state task force using the same authority, the 287G task force. I don't know how successful that's going to be. Now, the only issue with the state, that I could see with state mandating involved, the municipalities create this type of program, is ultimately the issue's going to be the class for -- with the federal government. The federal government's only going to put so many people through this class to give them the certification. And, you know, we can mandate whatever we want, but if they say we're only running one class and we only have 34 seats, it doesn't really matter. So that's where the bottleneck's going to occur, which is why we like this change in legislation. Page 212 October 28, 2008 COMMISSIONER COYLE: Two more very quick questions. One is, is there anything that the Collier County sheriffs agency can do to help train people in other counties? Is there any way we can share resources with neighboring counties who might wish to do this? MR. WILLIAMS: We have at times assisted ICE in Lee County. We've notified Lee County Sheriff Mike Scott that we would be there assisting them. As far as providing training, at this point we'd be reluctant to do that for liability reasons, if something were to happen up in Lee County and we were the ones that ultimately trained their personnel on immigration law, and I think that the federal government would not look upon that very kindly, and we might lose our certification. So I would just be hesitant to do that. However, if the 287G Program goes by the wayside in the future, the next Department of Homeland Security, you know, they decide they're not going to do it, if we had a -- if we were just relying on our own legislation, if this proposed legislation were to take effect, then at that point we might go through the state legislature and design some kind of state training program that would utilize some ICE personnel to help us train in state, which that might be something feasible we could do then. COMMISSIONER COYLE: Then the final recommendation that I would have is that we seize upon the budget shortages as a reason for implementing these kinds of programs. I'm just in the process of updating the cost of illegal immigration for Collier County. It now costs the residents of Collier County $77 million every single year because of illegal immigration. That's just Collier County. Now, if you were to offer someone a $77 million windfall on a countywide basis, it seems to me that would be fairly attractive. And I think we can -- we can show fairly definitively how the program that you're participating in can save taxpayer money in Collier County, and Page 213 October 28, 2008 if we can get that same message to some of the other counties that are having fiscal problems, we might get some more support. MR. WILLIAMS: I would agree with that. And look at our current jail population, the decline in our average daily jail population. We're close to reaching a thousand detentions. I think we were 800 and something for the year, and in particular, I mean, they're averaging approximately five misdemeanor and three felony arrests apiece. So these people -- monetary costs are one thing, but what is it __ you know, how much are you saving the community removing a child molester or a gang member who would normally be in that community and residing and departing them. I mean, there's savings beyond that criminal Clerk of Courts. You know, how many times is this guy going to recidivate and return to the court system, and you're saving money. So I would agree with that. COMMISSIONER COYLE: That's right. CHAIRMAN HENNING: Getting back to Commissioner Fiala's statement about real estate transfer fees, and I truly agree with that. That would be looked at as a tax increase, and there's some other things in here about tax increases that, you know, I'm not in support of, and I don't think we're going to get anywhere with our legislators. I know that the speaker of the house is not going to hear anything that even smells like a tax increase. So, personally, I would like to remove all those items, including Commissioner Fiala's real estate -- COMMISSIONER FIALA: Real estate. CHAIRMAN HENNING: -- transfer fees. Commissioner Coletta? COMMISSIONER COLETTA: Well, on the other hand, it might be a balancing act, because I understand there's a good possibility we're going to have to deal with impact fees in general with the state legislative body, and this might be a balancing thing for compromise somewhere down the road. That's the only thing I could think of at this point in time. Page 214 October 28, 2008 You're probably right, but I feel a little more comfortable with what's there. Florida Association of Counties, if they don't get behind it, we're not going to get anyplace with it. We know that. CHAIRMAN HENNING: Okay. We're just trying to give directions. COMMISSIONER COLETTA: I understand. CHAIRMAN HENNING: But the other one is interstate sales tax collection -- Internet sales tax collection, clearly a tax increase. Partial year assessment, I don't see the board doing that. I think that was -- do you know of anything else in here that might look like a tax increase? COMMISSIONER COYLE: Indexing of local gas tax. MS. WIGHT: The indexing -- under transportation, the indexing of local option gas tax. CHAIRMAN HENNING: Those are the concerns that I have. I don't see the legislation taking that up. Commissioner Coletta? COMMISSIONER COLETTA: Yes, if! may. There's one thing I was going to suggest, but I may be a little premature, but if somebody else has an interest, we could consider it this year. I was going to put together a task force of individuals to look at the possibilities of coming up with an alternative for our impact fees. And what I was thinking of is something like a CDD bond that might be able to be approved, giving people a choice of paying an impact fee upfront rather than paying a bond out against the price of the land for a 30-year period. CHAIRMAN HENNING: Yeah. Can we get back to that thought? COMMISSIONER COLETTA: Okay, sure, anytime. CHAIRMAN HENNING: I mean, I don't know if -- I don't think that has anything to do with -- COMMISSIONER COLETTA: It probably doesn't, but I just Page 215 October 28, 2008 wanted to throw that at you to see if there was some level of support to even look at it. CHAIRMAN HENNING: Can we do that under commissioners' comments? COMMISSIONER COLETTA: I'd be more than happy to. CHAIRMAN HENNING: Commissioner Halas, are you in agreement to move the -- COMMISSIONER HALAS: No, I'm not. My concern is, like Internet sales tax, I think the state is in a DRI straight here to try to balance the budget, and I think that any loopholes that are available through the state, they need to address those. And as far as the real estate transfer fee, I think that's one way of eliminating impact fees, because I think that's going to be a big issue that's going to be front and center this particular year. And I really think the state needs to get after how they're going to make sure that they're going to balance the budget. And they've got some severe deficits, and they can't continue, because the end result is, if they can't balance the budget, then all of that is pushed down to us as an unfunded mandate one way or the other. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: There's some very difficult problems here, and you're right that a lot of them are going to increase taxes on people. Let's take the Internet sales tax thing. On the one hand I say, look, if people don't have a lot of money to buy things, isn't it nice if they can order it over the Internet and save 6 percent? And that way you're helping taxpayers. You might be hurting businesses. But if you do tax the Internet sales, the taxpayers are having to pay more money for the product, so they're not likely to buy as many products from the businesses, so the businesses are going to get hurt anyway. So it's a difficult call. And, quite frankly, when you get right down to it, I think I would Page 216 October 28, 2008 prefer to give the taxpayer an option of either buying locally or ordering something over the Internet. If we remove that incentive for them, then they mayor may not buy it from local businesses. But it's a tough problem. But let me -- we're dealing with this issue much the same way that the legislature has dealt with some of these problems on a piecemeal basis. I would like to see us continue to try to agitate for comprehensive tax reform in Florida. Our tax system stinks. It doesn't provide the funds necessary to support the state, and I don't see anybody working on a comprehensive tax reform process. And that's right, Commissioner Halas says they're not going to do it, and I don't think they will do it unless we start focusing attention on these things. They'll do things piece-meal that will have unintended consequences and we won't get to where we need to go. So I sympathize with the idea that we not impose any more taxes on our people, but at the same time, with the legislature removing tax revenue raising opportunities, we might have to seize upon any opportunity we have to get money, so it really is a tossup for me. I don't know which way to go on it, and I'll go with the majority of the board. But I really would like to see us try to get people interested in comprehensive tax reform for the State of Florida. That's the only way we're going to ever solve these problems. CHAIRMAN HENNING: But we don't have a majority. COMMISSIONER COYLE: For that? CHAIRMAN HENNING: For taking these tax increases off the legislation agenda. We don't have a majority. COMMISSIONER COYLE: We don't? CHAIRMAN HENNING: No. COMMISSIONER COYLE: Okay. Do we have a majority for asking that the legislators begin to look at things comprehensively, Page 217 October 28, 2008 like tax reform? CHAIRMAN HENNING: That's what the -- COMMISSIONER COYLE: Well, the budget and tax commission was supposed to have done -- CHAIRMAN HENNING: Correct. COMMISSIONER COYLE: -- last year and the year before it, but they didn't. CHAIRMAN HENNING: Well, okay. COMMISSIONER COYLE: So, wait another decade, or we get the legislature to start trying to do something. I don't know. MS. WIGHT: I came forward with the Taber (phonetic), which I've got a priority on here to support opposing something like that, the cap on revenues and spending. You don't want that? COMMISSIONER COYLE: No, but the comprehensive tax reform is a program which is designed to collect the taxes one needs in order to meet the commitments of the citizens, and we really haven't, that is the legislature, has not given much thought to anything like that, but anyway. Okay. I just think it doesn't make any difference what we put down here, quite frankly. It really makes no difference at all. COMMISSIONER COLETTA: That's encouraging. CHAIRMAN HENNING: Yeah. We spent five minutes saying it's not going to make a difference. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: You know what, I'm going to make a motion, let's see if we can move it. I'm going to make a motion that we approve everything except for the items that will result in an increase of government funding. MS. WIGHT: Commissioner, what about the Florida Governmental Utility Authority, to bring that under -- MR. MUDD: He basically said, approve everything on the list except for the tax increase items which have to do with real estate Page 218 October 28, 2008 transfer fee. In this particular case it was -- has a substitute for impact fees if they decide to cut impact fees, Internet sales tax collection, partial year assessment, and the indexing of local option gas tax. CHAIRMAN HENNING: Right. Is there a second to the motion? COMMISSIONER FIALA: The indexing the gas tax, I don't -- MS. WIGHT: I just thought maybe you needed to hear if that could be done. COMMISSIONER COYLE: I'll second the motion. CHAIRMAN HENNING: Okay. There's a motion and a second on the floor. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed by Commissioner Coletta and Commissioner Halas. The motion did pass. COMMISSIONER FIALA: But I wanted to hear what she had to say about that gas tax. CHAIRMAN HENNING: Indexing. I can tell you what it is. The -- COMMISSIONER FIALA: I wanted to hear that before I voted, as a matter of fact. CHAIRMAN HENNING: You did vote though? COMMISSIONER FIALA: Yes, I did, but I did that tongue and cheek, and maybe I shouldn't have. Page 219 October 28, 2008 CHAIRMAN HENNING: What it is is the prices -- the price of doing business, maintenance and construction, roads are going up, but yet the allocation of sales tax does not go up. The federal government has indexed their gas tax for awhile, and Norm will say the same thing. MR. FEDER: If! could, for the record, Norman Feder, Transportation Administrator. I think the Chairman basically has it. In answer to your question, Commissioner, the state, back in 1990, indexed their portion of the gas tax. And what you have right now is you have all 11 cents of local option gas tax that's authorized by statute, but that that 11 cents is -- no matter what the price of gasoline is, it's 11 cents per gallon. Unlike the states, it's now indexed based on the price, or the consumer price index, predominantly petroleum products. And what that does is it leaves yours at a fixed level. Right now our gas taxes are going down as people go into more fuel efficiency, about 24 million a year. It's down to about 22 million, and costs go up as well. But right now we don't have what the state gave itself. It didn't provide to the local option gas tax, is what this is about. COMMISSIONER FIALA: So -- but Debbie said something about legally, and that was what -- and Frank wants to ask something too. But Debbie said, can we legally do that. Is that what you said, Deb? MR. FEDER: You cannot legally do indexing unless the legislature passes it, and they haven't seen fit to do so. It's been an issue that's been raised many times as sort of a fairness issue and as a revenue generator. It doesn't generate that much revenue relative to other things brought up, but it would generate additional revenue. COMMISSIONER HALAS: I think we had a motion on the floor when I brought up the water districts where Commissioner Coletta said he'd second it. So we have a motion on the floor on that particular item. So I think we ought to bring that forward and get a Page 220 October 28, 2008 vote on that. CHAIRMAN HENNING: Yep, you're absolutely right. MR. MUDD: You're absolutely right, the motion and second. Because there were two people in favor of it and there were only four commissioners on the dais at the time, I just put it down as a thing, as something to be added. But if the board would like clarity now that there's five commissioners on the dais, that would be good to have a vote on that particular item, too. CHAIRMAN HENNING: So who made the motion? COMMISSIONER HALAS: I did, and then -- CHAIRMAN HENNING: And second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MR. MUDD: We'll get that list -- we'll get that list updated and we'll get the read-aheads out so that we can have that workshop with our legislators so we can talk about those particular items. Item #10E RECOMMENDATION TO CONSIDER AGENDA TOPICS PROPOSED BY THE MARCO ISLAND CITY MANAGER ON BEHALF OF THE MARCO ISLAND CITY COUNCIL FOR A JOINT WORKSHOP REQUESTED WITH THE BOARD OF COUNTY COMMISSIONERS SCHEDULED ON DECEMBER 4, Page 221 October 28, 2008 2008 - APPROVED CHAIRMAN HENNING: Next item is recommending to consider agenda topic proposed by the Marco Island City Manager on behalf of Marco Island City Council in a joint workshop requested for the Board of Commissioners to schedule December 4th, 2008. MR. MUDD: Yes, sir. This is in response to a letter that I received on the 8th of September that was dated 4 September from the city manager, Steven Thompson from Marco, asking -- based on a decision by his counsel to ask for a joint workshop. So I looked at what he had in the letter, and I said, woo, this is going to be an interesting workshop. But I went down and had lunch with him and said, okay, what really do you have in mind for this workshop? And I had -- I had talked to the commissioner from the district in which Marco resides and said, what are some issues that you had, so I had them in my mind's eye as I had the lunch. And I'm not saying that she was speaking for the Board of County Commissioners. She was __ just had some local issues that were hot on her list. And so, went down there, had lunch with Mr. Thompson, and he had four items that were on his list that covered two of the three items that basically Commissioner Fiala had -- had alluded to. And I said, I don't have a problem with what you're asking in order to have a workshop. I said, they sound like good discussion items for the board and for your council. I would -- I would refrain from having more than four items for discussion because if you have public comment in any of those, you could take your three-hour workshop and make it 10. And I said, you -- probably for the first time for the first workshop, at least that's not from County Manager, stick to anywhere from three to four and let's try to get some things resolved. The things that are on the agenda have to do with -- they're Page 222 October 28, 2008 thinking about designating a CRA area on Marco Island. There's a blighted area. It would be interesting to see how it's being designated and where it is because I don't know where that is yet. The second was to talk about affordable housing, and I know this board has talked about affordable housing and the lack of affordable housing as far as Marco Island is concerned. It would be interesting to figure out what they wanted to talk about on the affordable housing pIece. Another was to talk about the county parks and potentially for them to take over the county parks on Marco Island. I thought that was a novel idea. I didn't agree with it, but I thought it was novel for discussion. It would be interesting to see what they wanted to do, what the conditions would be, what kind of availability those particular facilities have under the municipality's control and how that would affect other residents of Collier County that aren't city residents. And that was an interesting concept. And the other, they wanted to talk about EMS that had probably a whole lot to do with the presentation that you received today from Chief Metzger and Chief Rita Greenberg this morning. So that would be an interesting piece. Those are the four items that he had. I thought they were all relevant and timely and current and up to the board if you wanted to add any other ones or whatever, but I needed to make sure that I cleared those with you before I sent a return letter back to him based on the board's direction. CHAIRMAN HENNING: Do you have anything else, Commissioner Fiala, to put on the agenda? COMMISSIONER FIALA: No. CHAIRMAN HENNING: Anybody else? (No response.) CHAIRMAN HENNING: Entertain a motion that the Board of Commissioners consider the agenda topic proposed by Marco Island Page 223 October 28, 2008 City Manager on behalf of the City Council Joint Workshop requested that the Board of Commissioners schedule December 4th. COMMISSIONER FIALA: And I make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #lOF RECOMMENDATION TO APPROVE THE FY 09 CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEAL TH DEPARTMENT IN THE AMOUNT OF $1,445,300 - APPROVED MR. MUDD: Commissioner, next item is lOF, and that's a recommendation to approve the FY-'09 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of$1,445,300. Ms. Marla Ramsey, your Public Services Administrator, will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle to Page 224 October 28, 2008 approve staffs recommendation, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. RAMSEY: Thank you. MR. MUDD: Commissioner, you've continued item lOG this morning during the change sheet. Same thing on 12A and 12B. This brings -- MS. FILSON: You skipped one. MR. MUDD: Yeah. I skipped one. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS So right now we're at public comments on general topics. Thanks, Ms. Filson. MS. FILSON: I have one speaker, Jim Burke. MR. BURKE: Mr. Chair, my name is Jim Burke. I currently serve on the -- I'm in my eighth year on the Pelican Bay Service Division Board of Directors, and my second year on the county Coastal Advisory Committee. Both of those I serve because you appointed me. Page 225 October 28, 2008 I'm also running for the North Naples Fire District Commission Board, and the race I'm in -- I'm opposed. And in response to an inquiry from someone or somebody in Pelican Bay, the County Attorney's Office looked into the ordinance that would govern my situation, and they contacted that if Mr. Burke were running unopposed, there would not be a potential conflict; however, due to this position and based on the above ordinance, Mr. Burke is deemed to have resigned from both the service division and the CAe. So -- and they notified me of that, and it kind of stirred up my interest because I said to myself, if that's the case, why did I do this or why didn't I know it? So I went back to April of '07 when I made an inquiry about running for an elective office, and was told in a letter from the County Attorney's Office that section 5E of ordinance number 2001-55, as amended, governs Collier County advisory boards. It reads -- and let me just read the first sentence. Quote, no member of any county board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such board member candidate is running unopposed for a non-remunerative elected position or, or, an elected position receiving nominal remuneration such as the Mosquito Control District Board or a fire district board. So the County Attorney concluded that a review of this provision indicates that the Pelican Bay Service Division Board is required to advise the Board of County Commissioners in writing of a tender of resignation if three conditions are met. One, any of its board members runs for an elected political office; two, the board member is running opposed; and three, the compensation for the elective political office is not nominal. Well, mine's 6,000 a year. It's nominal. It was defined as nominal in the ordinance. So I had concluded a year ago that I could run even if I ran opposed. I was also -- I've also been told by the Page 226 October 28, 2008 County Attorney that the day after -- based on their opinion, the day after the election, win or lose, I can re-apply for the two boards. So I just wanted to go on the public record that my understanding was entirely different than the opinion I was just given. CHAIRMAN HENNING: Can I ask you a question? MR. BURKE: Yes. CHAIRMAN HENNING: You're not going to receive the health packet that offered (sic) North Naples fire commissioners? MR. BURKE: Pardon me? CHAIRMAN HENNING: The healthcare packet, you're not going to take that? MR. BURKE: I don't know anything about it. I'm not running for the salary or health packets. CHAIRMAN HENNING: Well, I think that's where you get into the nominal thing. MR. BURKE: Oh. CHAIRMAN HENNING: You're not going to receive it? MR. BURKE: No. But I was told that it's in here that the fire district board is nominal. CHAIRMAN HENNING: Well, I think that's before the understanding when they were given a 500 salary, $500 a month, but now, you know -- that was then, but now what they're doing is giving them all health insurance policies. It's comparable to, you know, the staff and administration, which is a heck of a good deal. So I was just -- MR. BURKE: Yeah. The reason for my answer to you is, I haven't even inquired about any of that. It's not why I'm doing it. CHAIRMAN HENNING: Okay. Commissioner Coletta and Commissioner Halas. COMMISSIONER COLETTA: Yeah. I'll let Commissioner Halas go first. That's his commission district. CHAIRMAN HENNING: Sure. Page 227 October 28, 2008 COMMISSIONER HALAS: Are there any other races where people are serving on boards and are being contested? Do we know any more other ones? COMMISSIONER COLETTA: Sure, yeah, by all means. COMMISSIONER HALAS: What's that? CHAIRMAN HENNING: What's that? COMMISSIONER COLETTA: Mosquito Control. COMMISSIONER HALAS: There's -- it's contested. COMMISSIONER COLETTA: It's being contested and Linda Hartman, who serves on Mosquito Control, is also a member of the Avatar Land Trust. CHAIRMAN HENNING: I don't think so anymore. COMMISSIONER COLETTA: No. Maybe I got that wrong. I thought for sure she was. COMMISSIONER HALAS: Is there anybody out in Immokalee? COMMISSIONER COLETTA: Yeah. Well, the whole thing started, if! may, with Ski Olesky who came before us. And at that point in time, I didn't realize he was running unopposed or even that part was in there. But we brought that up and this commission hashed it out, and we allowed him to continue with his position on the fire department. The fire department still serves us (sic) on parks and rec. and on the Tourist Development Board. I don't know. I guess the definition of nominal is -- has to be discussed by that group. I mean, I think it's absolutely wonderful we get people that are willing to serve on our voluntary boards. And I don't see where it's a tremendous asset for a person running for public office. I mean, to have to drop off to come back on again and be willing to do that is remarkable in itself, and I appreciate the fact that you're here today to bring it to our attention. I would like to define this as nominal and just be done with it. You haven't resigned yet? Page 228 October 28, 2008 MR. BURKE: No. I didn't know I had to til I received this. But I think it was explained to me that the very fact that I was running opposed is a resignation, but -- COMMISSIONER COLETTA: Define nominal, Jeff, please. MS. FILSON: Linda Hartman serves on the Golden Gate Estates Land Trust Committee and the East of951 Horizon Master Planning Committee. COMMISSIONER COLETTA: And she wasn't asked to resign either one? COMMISSIONER HALAS: But theoretically she would have to resign, right? COMMISSIONER COLETTA: She didn't get paid for either one. So I guess that would be -- well, wait. The only thing she was running for was Mosquito Control. She does get paid for it. MR. BURKE: Yeah. The ordinance defines the fire district as nominal, but I wasn't aware of an insurance package, so I -- but that __ MR. KLATZKOW: What was the ordinance number, sir? MR. BURKE: Ordinance 2001-55. MS. FILSON: As amended. MR. BURKE: As amended. MS. FILSON: It's -- I'll look it up for you. MR. KLATZKOW: What the ordinance says is that no member of a county board can become a candidate for an elected position, continue to serve on the board during the candidacy unless they're running unopposed for a non-remunerative elected position. This is a remunerative position. CHAIRMAN HENNING: Okay. MR. KLATZKOW: Now, if we want to amend this ordinance, I'm fine with that. It's just the board's ordinance. COMMISSIONER COLETTA: I'd like to see it amended. I want to try to encourage people to stay connected as much as possible. MR. MUDD: Well, I think when the -- I wasn't here when the Page 229 October 28,2008 ordinance was done. Maybe I was. The intent of the ordinance was to make sure that somebody that's on one of your committees doesn't use your committee, okay, as a pulpit, okay, to basically run for an election for a different office that's outside of that particular committee. And that was the intent of the ordinance at the time that it was drafted. Now, the verbiage that finally came out -- but I can tell you the intent was, is to keep -- and just -- is to keep the business of the advisory board or the committee that way and leave politics outside during the election season. CHAIRMAN HENNING: And I think also it was so that you don't use these different committees on your resume or your political literature to further your cause. Commissioner Halas? COMMISSIONER HALAS: So ifMr. Burke has to resign, then obviously there's some other ones that have to resign. But then the day after the election, can they then submit their application to get back on this board? MR. KLATZKOW: Yes. It wasn't that long ago that -- I believe his name was Mr. Lefevbre on your Code Enforcement Board, he ran for state legislature. CHAIRMAN HENNING: Right. MR. KLATZKOW: Didn't get elected. He had resigned from the Code Enforcement Board and he came back, was appointed back to the Code Enforcement Board thereafter. COMMISSIONER HALAS: So if we're going to uphold it, then the other people that are running opposed, then they have to also relinquish their assignments to their committees? MR. KLATZKOW: That's the ordinance. CHAIRMAN HENNING: Right. MR. BURKE: Just for the public record -- and I'll close this out -- I would have resigned except this April 17th, two oh seven, Page 230 October 28, 2008 indicated to me that I didn't have to. CHAIRMAN HENNING: Right. Nobody's, you know, pointing a finger at you, Mr. Burke. MR. BURKE: Okay. I realize that. CHAIRMAN HENNING: Yeah. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I would encourage all the commissioners to be careful and not underestimate the damage that can be done by people who want to get on committees just to show their face on television so they can run for office. CHAIRMAN HENNING: Right. COMMISSIONER COYLE: We've had them in this room time after time after time that would come here with insignificant issues just so they can talk on television for a while. I've seen the process abused, and that's exactly what these ordinances are designed to prohibit, and I -- for someone like Mr. Burke, I think it is unfortunate that he cannot continue to serve, but there are many people, Mr. Burke, who don't have your same level of professionalism -- MR. BURKE: I realize that. COMMISSIONER COYLE: -- and respect for the offices, and I'm afraid that the ordinance is important, and hopefully the inconvenience will be -- will not be so great it will discourage you from continuing to serve. MR. BURKE: Thank you. CHAIRMAN HENNING: Thank you. COMMISSIONER COLETTA: Commissioner Henning? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: One last note. We can't leave this thing right where it is. We need to direct Sue Filson to make a quick inquiry as to who's running for office and serving on boards to let them know that the way the present law is set up that they are __ they have to -- their resignation has been accepted, but also, too, that we hope that they'll reapply for that position after November 4th. Page 23 1 October 28, 2008 COMMISSIONER COYLE: Don't have much time, do they. MS. FILSON: I probably won't even advertise it until after November 4th. COMMISSIONER COLETTA: But -- I mean -- okay. So in other words -- but, I mean, still, some sort of notification has to get out to these people so they know and they don't continue to attend the meetings because -- MS. FILSON: I'll go on the website tomorrow and check out everyone who's registered. COMMISSIONER COLETTA: I'd hate to think that all of a sudden their votes and everything wouldn't count going back some period of time. CHAIRMAN HENNING: Right, okay. That's a great suggestion. Now I think we're in County Attorney's -- MR. MUDD: County Attorney, both those items have been continued until the 18th of November, and that you voted on this morning when we had the change sheet. Item #14A RECOMMENDATION FOR THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) TO REJECT THE W ACHOVIA BANK BID #07-4177 FOR A $9,000,000 LINE OF CREDIT; TO GIVE DIRECTION TO THE BA YSHORE GA TEW A Y TRIANGLE CRA EXECUTIVE DIRECTOR TO COORDINATE WITH ALL APPROPRIATE ENTITIES TO SECURE AND STRUCTURE A NEW LOAN FROM A COMMERCIAL LENDER SELECTED VIA RFP TO PURCHASE CERTAIN REAL PROPERTY WITHIN THE BA YSHORE GA TEW A Y TRIANGLE CRA; AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO NEGOTIATE REAL ESTATE CONTRACTS IN THE CRA AREA AND RETURN TO THE CRA Page 232 October 28, 2008 BOARD FOR APPROVAL - APPROVED That brings us to paragraph 14, 14A. It's a recommendation for the Board of County Commissioners Redevelopment Agency to reject the Wachovia Bank bid number 07-4177 for a $9 million credit to give direction to the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a new loan from a commercial lender selected via RFP to purchase certain real property within the Bayshore Gateway Triangle CRA; to authorize the executive director to negotiate real estate contracts in the CRA area and return to the CRA Board for approval. Mr. David Jackson, your executive director of the Bayshore Gateway Triangle CRA, will present. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve staffs recommendations, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Doing really good, David. Item #14B COMMUNITY REDEVELOPMENT AGENCY FY2008 ANNUAL Page 233 October 28, 2008 PERFORMANCE APPRAISAL REVIEW FOR THE BA YSHORE GA TEW A Y TRIANGLE CRA EXECUTIVE DIRECTOR- APPROVED Brings us to 14B. It is a Community Redevelopment Agency, FY-2008 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. In this particular item, he put it on the consent agenda and I pulled it on the regular agenda. He's basically saying that the COLA the board is going to give is sufficient and he's not asking for any kind of merit raise because of the financial situation in the budget reductions that we've basically done. But I did want to give this board an opportunity to at least tell him what a good job he did last year. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, please forgive -- I had such low scores, but it wasn't really low scores. I thought you were doing outstanding, I just don't grade very high. And so please forgive me. It wasn't you. I want to tell you, you've done an outstanding job, and better than we could have ever hoped for, and I appreciate all of the help that you've given to the Immokalee CRA as well. You've helped then, guided me. Penny has said that she's really depended on you to help her through this learning phase. Everything that you've done -- David, I don't have an objection or a complaint about anything, and I think that all you've asked for is COLA. But, boy, we sure owe you a lot more. Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I agree. I don't know why she didn't rate you higher. She rates -- most of her other ratings that she does on people are a lot higher than that. I think what she did, she got three and one mixed up. She didn't know which was the highest. But nevertheless, you do a good job. We've struggled with that Page 234 October 28, 2008 redevelopment for a long, long time, and it has been so much better since you've come aboard, and we appreciate your efforts, and we hope you keep at it. MR. JACKSON: Yes, sir. And thank you for the good words. The only thing I would like to do is invite each of the commissioners to come down to the area and take a tour. We've only had one commissioner come down and visit with us. I think it's worth your time to put -- CHAIRMAN HENNING: I go to Del's all the time. MR. JACKSON: Stop in the office, sir. We'd like to talk to you. But you're more than welcome to. The area is improving, and it is going to get a lot better. And now with the approval of the previous item, we'll be coming back to you with some more items to talk about with board discussion, so it looks like things are going to be getting better here shortly. COMMISSIONER COYLE: And now, where is that place you're talking about? MR. JACKSON: We've -- the new office that we've located in is on 4069 Bayshore Drive. It's just north of the East Naples Fire Station on Bayshore Drive and almost diagonal from Windstar and Morehead Manor. Those two residential projects that were across the street. COMMISSIONER COYLE: So anybody who wants to find out what's happening in the Bayshore area or the mini-triangle area should stop in there and talk with you. MR. JACKSON: They do all the time. COMMISSIONER COLETTA: Or call Donna Fiala. COMMISSIONER COYLE: No. I'd rather them to get accurate information. COMMISSIONER FIALA: Thanks, Buddy. Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion to approve the recommendation by Commissioner Fiala, second by Commissioner Page 235 October 28, 2008 Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Thank you. Before you go, Mr. Jackson. MR. JACKSON: Yes, sir. CHAIRMAN HENNING: I don't know why -- personally why we're grading you. I think -- I mean, I had to really stretch to understand and -- what's going on down there. I don't have time to do that. And we don't do it for the airport director, who is under contract. We don't do it for the CRA director for Immokalee. I don't want to have to grade it anymore. I just want to see what my other colleagues think. COMMISSIONER COLETTA: Good point. COMMISSIONER FIALA: Yeah. COMMISSIONER COYLE: Well, why -- you know, there's a couple ways of handling that. One is to let the commissioner in the district grade him, and that would mean that Commissioner Coletta would do the grading for the Immokalee CRA. But it is good, I think, for the employee to get some feedback and to determine how he or she is doing. But I also understand the difficulty; if there are commissioners who don't have a CRA in their district, they don't have an opportunity to participate to a large degree. How do they have a basis for evaluating except for just the few times you come and appear before us? I think everybody here is happy with what you've done, but how Page 236 October 28, 2008 many of us could really say -- could really recite all of the accomplishments that you've had over the time you've been here? So Commissioner Henning's concerns, I think, are well-founded. But if you wanted to have Commissioner Fiala and I do this, I mean, she's been involved in this area for such a long time, before I was, and she's stayed active in it, and I have no problem with that either. But it is in my district, and I think if we're going to do the evaluating and if the other commissioners feel that they don't have the time or the information to do it, I think the two of us could do that. COMMISSIONER FIALA: Sure. And I think what we would want to really do is hear from the advisory committee who works with them all the time. COMMISSIONER COYLE: Sure. Get their recommendations. That's important. CHAIRMAN HENNING: I -- just to task the County Attorney to take a look at those agreements and see if we can do that. Ifthere's -- ifthere's a problem or ifthere's something that we need to memorialize through a resolution, let's go ahead and do that, the commissioner of the district, to -- COMMISSIONER FIALA; There's actually two of us, because I've got the triangle. He's got Bayshore, so -- COMMISSIONER COYLE: And Commissioner Henning, could I ask a question about that? Now, we -- I'm not suggesting that the board delegate responsibility to Commissioner Fiala and me to adjust the salary or anything of that nature with respect to Mr. Jackson. That is a function of the entire board and should be decided by the majority of the board. But if we're talking about recurring evaluations and direct feedback to Mr. Jackson, then I don't have a problem sharing that with Commissioner Fiala. CHAIRMAN HENNING: Okay. And Jeff, if you could just send us an email. Page 237 October 28, 2008 MR. KLATZKOW: I've just written that. CHAIRMAN HENNING: Okay. MR. JACKSON: That's fine. CHAIRMAN HENNING: Thank you. I mean, I sat there with your -- I went through your evaluation, I think, four times, and figuring out, how can I give you good feedback, you know, positive or constructive feedback. It was very difficult. MR. JACKSON: Correct. When you're not totally involved with the area and real familiar to it -- I have no problem with recommendations with the two commissioners that -- whose district I work inside of. They can work up an evaluation and bring it back to the board. And then the -- if there is an annual merit award, if there ever gets around to that again, the economy does recover, then the board can approve that based on their recommendation. CHAIRMAN HENNING: Right. MR. JACKSON: It's easily done, and I think I can work with the County Attorney, and it's a simple amendment, ifneeded. CHAIRMAN HENNING: Can I say one other thing? Can you work with the two commissioners and set out some goals for the next year, maybe two years? I mean, you might have projects even last longer and kind of lay that out. Maybe you can do a performance evaluation of that. MR. JACKSON: Yes, sir. COMMISSIONER COLETTA: I'd like the same opportunity to work with Penny Phillippi, Immokalee CRA, also through their board. CHAIRMAN HENNING: Okay. And develop a performance evaluation? COMMISSIONER COLETTA: Yeah, be happy to. CHAIRMAN HENNING: Great. COMMISSIONER COLETTA: May I -- I'm sorry. I didn't mean to interrupt, but may I -- possibly to get some assistance from Page 238 October 28, 2008 personnel with the county to make sure that we're heading in the right direction with our evaluation procedure? CHAIRMAN HENNING: You can ask the County Manager. MR. MUDD: No. Well, you've just asked the County Attorney in a previous issue to take a look at agreements and see if he could find some way to take a look and ifhe could get some consistency between the two. It's always better to have an odd number of people -- and I'm not talking about odd in a different sense. I'm talking about, you know, three, five, seven, nine, that kind of odd, to rate somebody, because if you get one person that has an extreme dislike and then you have another one that has an extreme like, then you're coming back to the Board of County Commissioners with, I like this person or I really don't like this person, now what do you do? And it's always good to maybe have a third. So if you're talking about, you have a subcommittee and the subcommittee, I believe, has a chairman to it. COMMISSIONER FIALA: You mean the advisory board? MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: Yes, they do. MR. MUDD: You might want to include that chairperson for that year as somebody that letter inputs or maybe rates, and this way it would give you the odd. You'd have three instead of two. I'm not saying that two commissioners can't do it, but you can't do it talking to each other. That's my -- that's the particular issue. COMMISSIONER COLETTA: That's right. COMMISSIONER FIALA: Good point. MR. MUDD: It might be something to think about to add some consistency. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: That would mean Commissioner Fiala would be the odd person. Page 239 October 28, 2008 COMMISSIONER FIALA: No, you are already odd. CHAIRMAN HENNING: Number one is an odd number. COMMISSIONER FIALA: We say that only because we like one other. CHAIRMAN HENNING: Now we go into staffs communications. COMMISSIONER FIALA: Well, do we have to vote on that or did we? CHAIRMAN HENNING: No, it's just direction. COMMISSIONER FIALA: Okay. MR. MUDD: Mr. Klatzkow's going to come back and-- COMMISSIONER FIALA: Did we vote -- MR. MUDD: Yeah, you voted on that, yes, ma'am. It went 5-0. COMMISSIONER FIALA: Okay, thank you. I forgot already. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: The only thing I have on communications, number one, based on board direction, as far as the pro forma and things like that, the marina and Port of the Isles. Staffhas done a good job collecting that information, and now I'm, in the next week or so, I'm going to be in negotiations with the owners to try to get an agreement, something that is within current prices of what's going on out there to bring something back to the Board of County Commissioners. The next item is -- I had Mr. Sheffield write you a memo on the 20th of October to talk about impact fee indexing discussions with the Productivity Committee. I don't know if you had an opportunity to read that, but I wanted to make sure that you knew about it and to get some direction from the board. You've got a requirement in your ordinances that we come back Page 240 October 28, 2008 on an annual basis, okay, for indexing. You have a committee, very important committee, oh, by the way, that looks at every fee that you -- comes in front of the board for updates or whatever, and they're basically saying, hey, we want to continue and not have the indexing come to the board until they have an opportunity to examine the methodology, and we'll get Mr. Tindale and associates down in order to see that. But that means we're going to be outside of your ordinance as far as the annual update for indexing, and I just want to make sure that's okay with the board. CHAIRMAN HENNING: That's okay with me. Is that okay with you, Commissioner Fiala? COMMISSIONER FIALA: Yep. CHAIRMAN HENNING: Commissioner Coletta, Commissioner Halas? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Commissioner Coyle? MR. MUDD: I have five nods. That's all I have, Commissioner. Thank you. CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: No, sir. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I don't know whether I should be bringing this up or not. I don't know if any of the other commissioners have been approached about this issue. I hope you have. You will -- you mayor may not be aware of the fact that some of the fire districts have expressed concern about Dr. Tober's recent pronouncement about ALS training and certification. There is the feeling that they cannot implement his policies without violating the interlocal agreement that they have with us. So it's my belief that we need to have a workshop as quickly as possible to address that issue and to cover things like the way in which Page 241 October 28, 2008 policies are formulated and disseminated, and in order to do that, we need to get all of the parties in the same room and talk about this and see where we're going. And it is quite separate from the consolidation issue. It has nothing -- in my mind, nothing to do with consolidation, but it certainly could reshape some attitudes about the consolidation. It might either support consolidation or it might detract from consolidation, but it's something that has to be worked out and we have to resolve it fairly quickly. And so I would ask that we set up a workshop very, very soon, within the next week or so. CHAIRMAN HENNING: Wow. COMMISSIONER COYLE: Or 10 days. CHAIRMAN HENNING: Wow. COMMISSIONER COYLE: And I'll -- it depends on when it's scheduled, but through next week is not a problem for me. But I think that it's an issue. On the one hand, Dr. Tober feels that there is a safety issue, and on the other hand, the fire departments feel that there is an issue of violation of the agreement they have with us. So it's serious enough for them to be interested in getting together to talk about it. And I think we ought to make the time available. I do not believe this is something that should take that long. I'd be surprised if we couldn't get it out of the way in two to three hours. CHAIRMAN HENNING: Ifwe could hone it down to one or two issues, I agree with that. COMMISSIONER COYLE: Well, here's the issue as I understand it. Dr. Tober feels that the fire department people are not getting sufficient exposure to advanced life support treatment to maintain proficiency, and that means that they -- he doesn't -- he feels uneasy that some of the medications they have, which can cause great harm if they're improperly administered, some of the medications they October 28, 2008 have, perhaps, should be withdrawn until such time as they could get all of the people trained and certified to an acceptable level or, alternatively, just stop trying to train fire people to advanced level-- advanced life support and have them perform basic life support only, and that is the issue. CHAIRMAN HENNING: There's other issues that I understood. They want -- well, the fire districts, at least North Naples, want to have their people train the paramedics, EMTs, whatever. Is that going to be on the -- COMMISSIONER COYLE: Well, that's the same thing. And here's the problem. If you train someone to perform advanced life support functions and to administer the sophisticated drugs that are available and they don't have an opportunity to utilize that training except, perhaps, one or two times a year, they can't maintain the level of proficiency that you need, that Dr. Tober needs, to feel confident that they're going to be able to do the job properly. The Collier County EMS people frequently encounter those situations, so their proficiency is maintained -- CHAIRMAN HENNING: That isn't what I was saying. COMMISSIONER COYLE: Okay. All right. Well, tell me what you were saying. CHAIRMAN HENNING: North Naples feels that they don't need Dr. Tober to train. They have, you know, for instance, George Aguilera used to work for EMS that he trained. He did train the paramedics when he was with Collier County. That is what I'm talking about. They want their own trainer for that certification. COMMISSIONER COYLE: Okay. Then let me try to answer that question. That's a nonstarter, as far as I'm concerned. CHAIRMAN HENNING: Okay. So that's off the agenda. COMMISSIONER COYLE: It is as far as I'm concerned. CHAIRMAN HENNING: It is as far as I'm concerned, too. COMMISSIONER COYLE: I have been very clear with North Page 243 October 28, 2008 Naples and with George that Bob Tober is the medical director. He sets the standards of training and care. It is his license under which we -- they operate, and as far as I am concerned, Bob Tober is going to remain the medical director. So if somebody wants to sit down and talk about that, now is the wrong time to talk about that, in my opmlOn. CHAIRMAN HENNING: I agree with that. Now, as far as scheduling, we have a two-day AUIR. MR. MUDD: And I would suggest that we try to schedule it the second day starting at one o'clock. CHAIRMAN HENNING: That would be the 4th. MR. MUDD: That would be the 4th, and that's election day. COMMISSIONER COLETTA: Yes. And it does raise a problem with the boy at the this end of the dais. CHAIRMAN HENNING: Yeah. And I made a commitment that day, too. I don't know if the AUIR is going to take -- MR. MUDD: No. I don't think your -- your AUIR will take one day. CHAIRMAN HENNING: Less than a day. COMMISSIONER COYLE: That's right. I think -- if we can't get the AUIR done in five hours, then we're doing something wrong. MR. MUDD: I will make sure that Mr. Feder is the last one that presents. COMMISSIONER COYLE: Maybe just give us an executive summary for his area, we'll read it before we come here, and he won't even have to attend. COMMISSIONER FIALA: And we'll bring a timer for those who want to speak a little bit long. CHAIRMAN HENNING: Why don't we schedule the A -- COMMISSIONER HALAS: She's talking about this guy down here. COMMISSIONER COLETTA: Yeah. Page 244 October 28, 2008 CHAIRMAN HENNING: -- AUIR in the morning, and in the afternoon the -- MR. MUDD: The workshop, unless -- CHAIRMAN HENNING: -- the workshop. MR. MUDD: Let's work the workshop at 2 o'clock just in case. CHAIRMAN HENNING: Two o'clock. MR. MUDD: Who do you -- COMMISSIONER COYLE: What day? MR. MUDD: Monday. COMMISSIONER COYLE: Monday. Okay. But you've got other people involved, so you've got to coordinate this. MR. MUDD: Before I go -- before I go any farther on this one, I want to know who you're going to workshop with. COMMISSIONER COYLE: We want representatives from every fire -- independent fire department, we want our own EMS people there -- MR. MUDD: You only have -- you only have agreements with five fire departments. You have the City of Naples, you have Marco Island, you have North Naples, you have East Naples, and you have the Isles of Capri, so you only have five agreements. COMMISSIONER COYLE: Those are the only people who are receiving ALS certification and training? MR. MUDD: Yes, sir. COMMISSIONER COYLE: So those are the only people that we're interested in. MR. MUDD: Okay. Would you like -- would you like the invitations to go to the chair of the elected board and/or-- COMMISSIONER COYLE: Both. MR. MUDD: -- the Isles of Capri. You have an appointed board, and the fire chief. COMMISSIONER COYLE: I'd said both. MR. MUDD: Both. You don't want -- I'm trying to -- you want Page 245 October 28, 2008 their chief and their chair. COMMISSIONER COYLE: Whoever they want to send, yes. Well, you can limit it to that, their chief and their chair, as far as I'm concerned. CHAIRMAN HENNING: It's elected officials. MR. MUDD: It's elected officials. I think you go way -- it's elected to elected. I think you really get yourself in a -- COMMISSIONER COYLE: Okay. Then do it. CHAIRMAN HENNING: The chairman or their designee. COMMISSIONER FIALA: Well, you need to have Bob Tober here because he's involved. COMMISSIONER COYLE: That's right. MR. MUDD: We've got some coordination to work out, and we'll start working on it right after this meeting if that's the board's desire. COMMISSIONER COLETTA: I can assure you that under public comments, that part of the meeting, you're going to have a lot more than the chief and the -- COMMISSIONER COYLE: Oh, I don't doubt that, yeah. COMMISSIONER COLETTA: -- elected officials. COMMISSIONER COYLE: We'll put it at the end of the day, and then if we want to leave, we'll just leave. They can keep talking. COMMISSIONER FIALA: You can't leave because you put this thing together. COMMISSIONER COYLE: No, I didn't. COMMISSIONER COLETTA: It was your idea. COMMISSIONER HALAS: It was your idea, buddy. CHAIRMAN HENNING: You can't let (sic) us holding a bag of candy. COMMISSIONER FIALA: Again. COMMISSIONER HALAS: You're not running out on this one. COMMISSIONER COYLE: I'm not sure I can be here. Page 246 October 28, 2008 COMMISSIONER HALAS: Well-- you're not running out on this one. I'll get a chain and put it to your leg. MS. FILSON: So Mr. Mudd, are you working on Monday afternoon? MR. MUDD: Am I who? MS. FILSON: Working on Monday afternoon at 2; is that what you said. MR. MUDD: Am I working? I'm always working. MS. FILSON: Working on setting up a workshop. MR. MUDD: Yes. It's 2 p.m. on the 3rd of November, a two-hour workshop. CHAIRMAN HENNING: Are you okay with that, Commissioner Coletta? COMMISSIONER COLETTA: That's fine. I'll make it work. CHAIRMAN HENNING: And I know Commissioner Fiala is and I am. Commissioner Halas? COMMISSIONER HALAS: I am. MS. FILSON: So we can take the 4th off the calendars? CHAIRMAN HENNING: Is there anything else? COMMISSIONER HALAS: Who's bringing the leg irons for Coyle? COMMISSIONER FIALA: Yeah, and the timer. CHAIRMAN HENNING: Is there any other topic, Commissioner? COMMISSIONER COYLE: No, not from me. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I received a letter from the Clerk of circuit and the county courts from Miami-Dade, Florida, on October the 20th, and it was signed by Kay Sullivan, who is the director of Clerk of board -- board of the division, and it's in support of our leasing of Alligator Alley, that they are on our page to oppose Page 247 October 28, 2008 it, to opposed the sale of Alligator Alley. COMMISSIONER COYLE: You mean we have a Clerk of Courts who's actually supporting us? COMMISSIONER HALAS: Well, it's through their -- it's through their commission. In fact, it was unanimous. There was two people that didn't vote aye because they were absent. COMMISSIONER COYLE: That's a good reason. COMMISSIONER HALAS: So I just wanted to bring that forward that we've gained additional support from Miami-Dade and the Board of County Commissioners there opposing the sale of Alligator Alley. MR. MUDD: Commissioner, can I get a copy of that? COMMISSIONER HALAS: You can have this copy. CHAIRMAN HENNING: It's public record, your public records. Is there anything else? COMMISSIONER HALAS: That's it. CHAIRMAN HENNING: The board asked me to talk to the chairman in Lee County about the situation, political situation, whatever, with Fort Myers Beach. I did not get the opportunity to do that. I did talk to Commissioner Jaynes, and he says, you know, it's a -- you know, they don't have a problem with it, from what he understands. It's an issue that they take too long to get the permits or it costs too much. Being the fact of the discussion on the earmark of -- the Coconut Road earmark, I think it would be very difficult at this time to communicate with other commissioners in Lee County. So that kind of answers the question about that issue. Right? That's all I got. Commissioner Fiala? COMMISSIONER FIALA: I watched your program the other day, the Jeff Lytle Show-- CHAIRMAN HENNING: I didn't. COMMISSIONER FIALA: -- and he mentioned on there Port of Page 248 October 28, 2008 the Islands and Manatee Park, and I was thinking about that after that, I thought about it a lot, and I thought, you know, one of the things that we're trying to do is we want -- we definitely want to buy Port of the Islands, and we do not -- you said it beautifully -- we don't want to lose this opportunity to have a marina like that. This is a great opportunity. We're trying to find out how to fund it. My suggestion would be, instead of negating the Manatee Park, we're talking -- we've put money aside for Goodland. They already have -- on that tiny little island, they already have two full-blown marinas that store 400 boats in the one place, and I'm going to say -- and we're just enlarging 951. We've got the money there, and we're enlarging Bayview Park. So we're working on all those things. Why not take that money from Goodland and buy Port of the Islands and let us go forward with Manatee Park? I mean, as long as -- we're building for the future now. Do we really need that -- the park in Goodland for -- CHAIRMAN HENNING: Yeah. COMMISSIONER FIALA: Even more than -- CHAIRMAN HENNING: Yeah. COMMISSIONER COLETTA: Yes. COMMISSIONER FIALA: Even more than Port of the Islands? COMMISSIONER COLETTA: You're going to need all these facilities. COMMISSIONER COYLE: You don't need Manatee Park. COMMISSIONER FIALA: You know -- yeah, we do. COMMISSIONER COLETTA: Can you put a boat ramp in there? MR. MUDD: Commissioner, can we just hold this conversation COMMISSIONER FIALA: Yes. MR. MUDD: -- until I have negotiations and finish them up, okay, instead of offering up more money than I'm willing to offer? Page 249 October 28, 2008 And I promise I will come back to you with whatever they can agree to, and I will give you several funding options, of which -- none of which you just talked about are even on the table, okay, and we can pay cash for it. So bear with me and I will talk to you outside of this thing. But let's not do this any more -- and I've got to have some kind of negotiating tool, and you're basically putting more money the table than I'm willing to -- COMMISSIONER FIALA: Well, I didn't -- I didn't state any figures. I was just worried about losing the park that we -- COMMISSIONER COLETTA: Won't happen. COMMISSIONER FIALA: -- you know, we don't have. CHAIRMAN HENNING: That's the Goodland Park? COMMISSIONER FIALA: Hmm? CHAIRMAN HENNING: That's the Goodland Park? COMMISSIONER FIALA: No, we're going to do that yet. You're going to just -- you're going to move forward with that. But if that's two years down the road rather than this year, to move -- it's just two years down. We've still got all the other stuff coming on line. Can't we put that off two years instead of putting off Manatee for two years? CHAIRMAN HENNING: Is there anything else? COMMISSIONER FIALA: Yes, there is. I also want to talk about landscaping. We've all been getting lots of letters about the landscaping -- landscaping medians and the lack of it. And I just wanted to talk a little bit about the MSTU that we put in place -- what is that, 111 -- for the landscaping and the maintenance of the landscaping, and I'm wondering where that went. And I'm concerned about that, yes. All of our districts have been talking about that, and I just want to see what's happening with that. MR. MUDD: Ma'am, the part of Norm Feder's recitation in the AUIR on the 3rd of November, he is going to talk about that Page 250 "~-,_._,.--_...__.- _."._~_.. October 28, 2008 landscaping issue. You basically told us to do that, and my recommendation was to do the AUIR, and that's where we're going to do it at. That's why I'll hold Norman till the end, and this way you'll be able to get all those discussions and we'll be able to knock the other ones out, because there is a contentious issue, ma'am, that's there, and that has to do with your landscaping program. Did I answer your question? COMMISSIONER FIALA: Not really, but that's okay. We'll wait till the AUIR and we'll hear about it. Okay. CHAIRMAN HENNING: I agree. That doesn't address it. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Two things. First, I think we need to put Commissioner Coyle on decaf coffee during these meetings. Number two, I mentioned before and you suggested bringing it back under comments, is impact fees. At a poi,nt in time, you know, when our situation in Collier County, throughout the United States, I guess the world, economic conditions have been deteriorating. Weare going to go through a recession. I have no doubts about that. And there is going to be a time of recovery. At the time of recovery, I think we need to have in place something that will be an alternative to present-day impact fee schedule that we have set up. There's going to be adjustments made, I have no doubts about it, when we get into the AUIR and we find that our needs are being pushed off into the future, some of our costs will come down. But still, it's not going to be a substantial amount of money. And on the other hand, we're not going to take and undermine impact fees yet -- when it comes down to making a choice between the impact fees or ad valorem. What I'm proposing is that I'm going to be looking independently with a number of people that have the same interests at another mechanism to be able to collect impact fees and be able to collect Page 251 October 28,2008 them upfront. You'd have a choice between collecting them the traditional way where you pay them at the time of permitting, or the second way would be to have it bonded out, something like a community development bond. It would stay with the land and be paid yearly and, of course, there would be a finance charge that would be charged by whatever agency is willing to put the money up. And I'm going to be pursuing that with a number of people, and sometime in the future I'd be bringing you forward with a report of what I found. That's it. CHAIRMAN HENNING: Yeah. I think your idea will work, Commissioner Coletta, in certain areas, like the special districts or even in the fringe. Some of those big properties would work, too. COMMISSIONER COLETTA: And not only that, but it would enable us to, when we start the recovery, to be able to move a little bit faster and be a little more competitive with the rest of the world. CHAIRMAN HENNING: Right. Is there anything else? COMMISSIONER COLETTA: No, that's it. Thank you. CHAIRMAN HENNING: Entertain a motion to adjourn. COMMISSIONER COLETTA: Motion made. COMMISSIONER COYLE: So moved. CHAIRMAN HENNING: Motion by Commissioner Coyle, 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 COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Page 252 October 28, 2008 (No response.) ****Commissioner Coletta moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RECORDING THE FINAL PLAT OF VERONA WALK MODEL CENTER REPLA T - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item # 16A2 A SETTLEMENT OFFER, PROVIDING FOR RELEASE OF A CODE ENFORCEMENT LIEN AND DISMISSAL OF A PENDING APPEAL, IN RELATION TO THE CODE ENFORCEMENT CASE, COLLIER COUNTY V. DONALD E. GRAY, CEB NO. 2004-005, ON PROPERTY LOCATED AT 267 3RD STREET WEST, COLLIER COUNTY, FLORIDA - SETTLEMENT IN THE AMOUNT OF $6,000 Item # 16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR FIDDLER'S CREEK, PHASE 4 UNIT 2 - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A4 Page 253 October 28, 2008 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER'S CREEK, PHASE 5 UNIT 1 - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITY FOR FIDDLER'S CREEK, PHASE 4 UNIT 1 - W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR VERONAWALK, PHASE 3B - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A7 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR VERONA WALK SOUTH ENTRANCE WATER MAIN EXTENSION - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR WILDFLOWER WAY-LELYHIGH SCHOOL BOULEVARD - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Page 254 October 28, 2008 Item # 16A9 REOLUTION 2008-309: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FIDDLERS CREEK P ARKW A Y EXTENSION, PHASE THREE WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV ATEL Y MAINTAINED- W /RELEASE OF THE MAINTENANCE SECURITY Item #16A10 RESOLUTION 2008-310: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FIDDLERS CREEK PHASE FOUR, UNIT ONE. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED BY THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A11 A SETTLEMENT AGREEMENT AND RELEASE RELATIVE TO SAPPHIRE LAKES UNIT 3C - REGARDING UNFINISHED IMPROVEMENTS THAT WERE MAINTENANCE RELATED Item #16A12 STAFF DIRECTION RELATED TO A PROPOSED ASSIGNMENT AGREEMENT VEHICLE BETWEEN THE COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), ALLOWING FOR THE ISSUANCE OF CONVEYANCE BONUS CREDIT Page 255 October 28, 2008 APPLICATIONS SPECIFIED BY THE RURAL FRINGE MIXED- USE SUB-DISTRICT OF THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN AND SECTION 2.03.08 OF THE LAND DEVELOPMENT CODE (NAPLES RESERVE) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 RESOLUTION 2008-311: TRANSPORTATION SERVICES DIVISION ASSISTANCE TO THE COLLIER COUNTY SHERIFF'S OFFICE CRIME PREVENTION PROGRAMS BY PROVIDING, WITHOUT REIMBURSEMENT, USE OF THE VARIABLE MESSAGE SIGNS (VMS) ALERTING MOTORISTS TO CRIME PREVENTION MEASURES - TO PROVIDE MAINTENANCE OF TRAFFIC (MOT) INFORMATION TO MOTORISTS APPROACHING AND WITHIN WORK ZONES Item #16B2 CHANGE ORDER NO.2 TO PROFESSIONAL SERVICE AGREEMENT NO. 05-3865 IN THE AMOUNT OF $278,420 WITH CH2MHILL, INC., FOR THE DESIGN OF COLLIER BOULEVARD ROAD IMPROVEMENTS FROM GOLDEN GATE BOULEVARD TO GOLDEN GATE MAIN CANAL, PROJECT NO. 68056 - TO PROVIDE IMPROVED ACCESS MANAGEMENT, DRAINAGE AND PERMITTING Item #16B3 RESOLUTION 2008-312: A JOINT PROJECT AGREEMENT WITH FDOT PROVIDING FOR A COORDINATED ARTERIAL TRAFFIC SIGNAL RETIMING PROJECT - COST IS Page 256 October 28, 2008 PROGRAMMED AT A MAXIMUM AMOUNT OF $300,000 Item # 16B4 THE OCTOBER 2008 COLLIER COUNTY TRANSPORTATION DISADV ANT AGED SERVICE PLAN MAJOR UPDATE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B5 RECOGNIZING THE REVENUE RECEIVED FOR FY09 OF A FLORIDA DEPARTMENT OF TRANSPORTATION SERVICE DEVELOPMENT PROGRAM A WARD IN THE AMOUNT OF $95,175.00 AND A BUDGET AMENDMENT - FOR THE OPERATION OF INCREASED FREQUENCY ON CAT'S RED ROUTE 1, WHICH RUNS IN A LOOP ON US 41 AND AIRPORT ROAD FROM THE GOVERNMENT CENTER TO THE NAPLES COMMINUTY HOSPITAL ON IMMOKALEE ROAD Item #16B6 THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE SUPPORT GRANT AGREEMENT FM#41065618401 FOR A TOTAL PROJECT COST OF $66,000.00 AND ALL NECESSARY BUDGET AMENDMENTS TO PURCHASE A PARA TRANSIT VEHICLE - TO REPLACE A HIGH MILEAGE VEHICLE Item #16B7 FY08 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 REVENUE IN THE AMOUNT OF $204,395.00; THE TRANSFERING OF $61,160.00 IN CURRENTLY BUDGETED Page 257 October 28, 2008 GRANT DOLLARS FROM THE TRANSPORTATION DISADVANTAGED FUND (427) TO COLLIER AREA TRANSIT FUND (426) AND THE NECESSARY BUDGET AMENDMENTS - FOR PUBLIC TRANSPORTATION IN NON-URBANIZED AREAS (IMMOKALEE CIRCULAR ROUTE 8A & ROUTE 8B) Item #16B8 A SECOND AMENDMENT TO THE SEPTEMBER 27,2005, AGREEMENT (THE AGREEMENT) ENTERED INTO BETWEEN MCDONALD TRANSIT ASSOCIATES, INC. AND COLLIER COUNTY, PROVIDING FOR CONSOLIDATED MANAGEMENT FOR THE COLLIER AREA TRANSIT AND PARATRANSIT SYSTEMS, AMENDING THE AGREEMENT TO INCORPORATE NEW COMPENSATION RATES FOR THE FINAL TWO YEARS OF THE AGREEMENT THAT WERE NEGOTIATED DURING MEDIATION BETWEEN THE PARTIES ON OCTOBER 7,2008- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 RESOLUTION 2008-313: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR 1992,1993,1994, AND 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $58.50 TO RECORD THE SATISFACTIONS OF LIEN Item # 16C2 FIL TERONE USA AS THE SOLE SOURCE AUTHORIZED PARKS ON SERVICE CENTER IN THE STATE OF FLORIDA, AS Page 258 October 28, 2008 AFFIRMED BY P ARKSON CORPORATION AND REQUISITION NO. 10134495 IN THE AMOUNT OF $98,795.00 TO FILTERONE USA, LLC, FOR THE REFURBISHMENT OF THE P ARKS ON AQUA GUARD SCREEN AT SOUTH COUNTY WATER RECLAMATION FACILITY, PROJECT 73969 - TO MAINTAIN COMPLIANCE WITH FDEP PERMIT CONDITIONS, ESPECIALL Y DURING HEAVY RAIN AND/OR STORM EVENTS Item # 16C3 A BUDGET AMENDMENT TO THE FISCAL YEAR 2009 WATER DEPARTMENT BUDGET TO CORRECT A BUDGETING ERROR. THIS CORRECTION INCREASES PERSONAL SERVICES BY $131,038 TO FUND TWO PREVIOUSLY EXISTING WATER/SEWER FUND 408 POSITIONS Item #16D1 A SOLE SOURCE AGREEMENT FOR OFFICIATING SERVICES WITH COLLIER RECREATION BASEBALL/SOFTBALL UMPIRES ASSOCIATION (CRBSUA) FOR OFFICIALS FOR ADUL T SOFTBALL GAMES, WITH AN ANTICIPATED FISCAL YEAR 2009 EXPENDITURE OF $60,000 - FOR A 3 YEAR TERM WITH THE OPTION OF A ONE (1) YEAR RENEWAL WITH AN INCREMENTAL RATE INCREASE Item # 16D2 A LIEN AGREEMENT WITH HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF Page 259 October 28, 2008 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 71, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D3 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 72, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item # 16D4 A LIEN AGREEMENT WITH HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 73, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D5 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 74, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Page 260 October 28, 2008 Item # 16D6 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 75, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item # 16D7 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 76, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D8 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 77, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item # 16D9 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF Page 261 October 28, 2008 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 78, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D10 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 79, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D11 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 80, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D12 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 81, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Page 262 October 28, 2008 Item #16D13 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 82, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRAL IN THE AMOUNT OF $22,325.96 Item #16D14 A FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), BOATING IMPROVEMENT PROGRAM (FBIP) GRANT AGREEMENT CONTRACT NO. 08064 FOR A RECREATIONAL BOATING CHARACTERIZATION STUDY TO THE COASTAL ZONE MANAGEMENT DEPARTMENT THAT WILL PROVIDE GRANT FUNDS IN THE AMOUNT OF $80,000 - TO HELP ADDRESS SEVERAL BOATING ISSUES; SUCH AS ACCESS POINTS, ACCESS HOT SPOTS, PROTECTION MEASURES, USER CONFLICTS AND EDUCATIONAL PROGRAMS Item #16D15 THE ELECTRONIC SUBMITTAL OF THE ATTACHED PICTURING AMERICA GRANT APPLICATION TO THE NATIONAL ENDOWMENT FOR THE HUMANITIES FOR A COLLECTION OF HISTORICAL REPRODUCTION POSTERS TO BE PLACED ON DISPLAY IN THE ESTATES BRANCH LIBRARY IN THE AMOUNT OF $0 - ON DISPLAY FOR THE 2009-2010 SCHOOL YEAR Page 263 October 28, 2008 Item #16D16 ACCEPTING THE HEALTH INFORMATION TECHNOLOGY SPECIAL CONGRESSIONAL INITIATIVE EARMARK FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE AMOUNT OF $323,911 AND THE NECESSARY BUDGET AMENDMENT RECOGNIZING THE REVENUE - FOR THE COMMUNITY-BASED REFERRAL NETWORK THAT COORDINATES VOLUNTEER MEDICAL CARE FOR ELIGIBLE LOW-INCOME, UNINSURED ADULTS Item #16D17 A SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY09 Item #16D18 BID #08-5115 "RESURFACING OF PARKING LOTS FOR COASTAL ZONE MANAGEMENT" IN THE TOTAL AMOUNT OF $55,437.50 AND AWARD CONTRACT TO BQ CONCRETE- AT BAREFOOT BEACH AND TIGERTAIL PARK ON MARCO ISLAND Item #16D19 A SUBRECIPIENT AGREEMENT PROVIDING FOR A $78,632.00 HOUSING AND URBAN DEVELOPMENT (HUD) Page 264 October 28, 2008 GRANT TO THE SHELTER FOR ABUSED WOMEN AND CHILDREN TO FUND THE GENTLEMEN AGAINST DOMESTIC VIOLENCE PROGRAM - TO EDUCATE YOUNG MEN AND BOYS ON THE EFFECTS OF DOMESTIC VIOLENC Item #16D20 A SUBRECIPIENT AGREEMENT PROVIDING FOR A $24,916.00 HOUSING AND URBAN DEVELOPMENT (HUD) GRANT TO THE HUNGER AND HOMELESS COALITION (HHC) SUPPORTING THE HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) - TO PAY FOR EQUIPMENT, SOFTWARE, SERVICES, PERSONNEL SALARIES AND BENEFITS, UTILITIES, RENT, TRAVEL AND EDUCATIONAL EXPENSES Item #16D21 A SUBRECIPIENT AGREEMENT PROVIDING FOR A $28,000.00 STATE HOUSING INITIATIVES PROGRAM (SHIP) GRANT TO THE EMPOWERMENT ALLIANCE CORPORATION OF SW FLORIDA (EASF), PROVIDING HOMEBUYER EDUCATION COUNSELING AND FORECLOSURE PREVENTION COUNSELING TO BENEFIT PERSONS EARNING LESS THAN 120% OF F AMIL Y MEDIAN INCOME OF COLLIER COUNTY - TO ASSIST CLIENTS WITH CREDIT COUNSELING, FORECLOSURE PREVENTION COUNSELING, DEVELOPING A PERSONAL BUDGET AND ASSIST THEM WITH WORKING WITH THEIR LENDER Item # 16D22 Page 265 October 28, 2008 SUB RECIPIENT AGREEMENT PROVIDING FOR A $35,000 STATE HOUSING INITIATIVES PROGRAM (SHIP) GRANT TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (CCHDC), PROVIDING HOMEBUYER EDUCA TION COUNSELING AND FORECLOSURE PREVENTION COUNSELING TO BENEFIT PERSONS EARNING LESS THAN 120% OF F AMIL Y MEDIAN INCOME OF COLLIER COUNTY - TO ASSIST CLIENTS WITH CREDIT COUNSELING, FORECLOSURE PREVENTION COUNSELING, DEVELOPING A PERSONAL BUDGET AND ASSIST THEM WITH WORKING WITH THEIR LENDER Item #16D23 AN AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA AND A BUDGET AMENDMENT RECOGNIZING GRANT REVENUE IN THE AMOUNT OF $43,255.32 FOR THE NUTRITION SERVICES INCENTIVE PROGRAM (NSIP) - TO ASSIST TWO CONGREGATE MEALS SITES: EAST NAPLES COMMUNITY CENTER AND THE ROBERTS CENTER IN IMMOKALEE Item #16D24 A BUDGET AMENDMENT RECOGNIZING $398,238 IN REVENUE FROM THE PRE-PAYMENT OF DEVELOPMENT EXPENSES FOR SHARED INFRASTRUCTURE FOR THE CONSTRUCTION OF THE CHILDRENS MUSEUM OF NAPLES - FOR LEASING 2 ACRES LOCATED AT NORTH COLLIER REGIONAL PARK FOR $100.00 ANNUALLY Page 266 October 28, 2008 Item #16D25 A FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP) GRANT AGREEMENT (CONTRACT NO. 08079) FOR BA YVIEW PARK BOAT ACCESS FACILITY FOR THE COASTAL ZONE MANAGEMENT DEPARTMENT THAT WILL PROVIDE GRANT FUNDS IN THE AMOUNT OF $400,000 AND THE NECESSARY BUDGET AMENDMENT - ONCE IMPROVEMENTS ARE COMPLETE THE BOAT RAMP WILL BE DEDICATED FOR A MINIMUM OF 20 YEARS AS A SITE FOR THE USE AND BENEFIT OF THE PUBLIC Item #16D26 A LIEN AGREEMENT WITH JUAN BARRERA (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 121, BLOCK D, ARROWHEAD RESERVE AT LAKE TRAFFORD-PHASE TWO, IMMOKALEE - IMPACT FEE DEFERRAL IN THE AMOUNT OF $30,413.05 Item #16E1 AN ASSUMPTION AGREEMENT UNDER CONTRACT NO. 08- 5019, FIRES SPRINKLER ALARM TEST, INSPECTION, MAINTENANCE AND INST ALLA TION FROM BUILDING SYSTEMS EVALUATION, INC. DBA FIRE SPRINKLER SYSTEMS COMPANY DBA BSE BY CINTAS CORPORATION NO.2 - DUE TO THE PURCHASE OF BUILDING SYSTEMS EVALUATION, INC. BY CINTAS CORPORATION Page 267 October 28, 2008 Item # 16E2 AN INTERIM MANAGEMENT PLAN FOR THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM- FOR 158.67 ACRES LOCATED IN NORTH GOLDEN GATE ESTATES BETWEEN 35TH AND 41sT AVENUE N.E. Item # 16E3 AN AGREEMENT FOR SALE AND PURCHASE WITH GLENDA S. BEARDSLEY FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item # 16E4 AN AGREEMENT FOR SALE AND PURCHASE WITH JAMES A. BLAKE FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $44,600 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E5 AN AGREEMENT FOR SALE AND PURCHASE WITH FRANK 1. CELSNAK AND MARLENE 1. CELSNAK, AS TRUSTEES OF THE FRANK J. CELSNAK & MARLENE J. CELSNAK TRUST UNDER AGREEMENT DATED DECEMBER 27, 1991 FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND Page 268 October 28, 2008 ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $26,000 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item # 16E6 AN AGREEMENT FOR SALE AND PURCHASE WITH JORGE FLORES FOR 4.32 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $69,800 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E7 AN AGREEMENT FOR SALE AND PURCHASE WITH ALLAN JONES AND PATRICIA JONES FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $36,800 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item # 16E8 AN AGREEMENT FOR SALE AND PURCHASE WITH ALLAN JONES AND PATRICIA JONES FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $30,000 - LOCATED WITHIN THE WINCHESTER HEAD PROJECT, GOLDEN GATE, UNIT 65 Item #16E9 AN AGREEMENT FOR SALE AND PURCHASE WITH Page 269 October 28, 2008 WARREN N. KISSINGER, JR. FOR 1.59 ACRES UNDER THE CONSER V A TION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $26,000 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E10 AN AGREEMENT FOR SALE AND PURCHASE WITH MIGDALIA ROSILLO FOR 5.0 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $80,300 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E11 AN AGREEMENT FOR SALE AND PURCHASE WITH KATHLEEN SHECKLER FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $36,800 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E12 AN AGREEMENT FOR SALE AND PURCHASE WITH MIL TON T. SHRYOCK FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Page 270 October 28, 2008 Item #16E13 AN AGREEMENT FOR SALE AND PURCHASE WITH FRANK G. NERI AND MARIA NERI FOR 4.48 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $71,900 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E14 AN AGREEMENT FOR SALE AND PURCHASE WITH BETHANY JACKSON VONDRAN, FORMERLY KNOWN AS BETHANY A. JACKSON, AMY S. JACKSON, KAREN RING, FORMERL Y KNOWN AS KAREN E. TEO, DAVID P. JACKSON, KATHERINE E. EZIS AND JENNA EZIS KING, FORMERLY KNOWN AS JENNA 1. EZIS FOR 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $26,000 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E15 AN AGREEMENT FOR SALE AND PURCHASE WITH JOHN M. LESS AND LARRY P. LESS FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E16 Page 271 October 28, 2008 AN AGREEMENT FOR SALE AND PURCHASE WITH JORGE A. TOLEDO FOR 3.49 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $56,100 - LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE, GOLDEN GATE ESTATES, UNIT 53 Item #16E17 THE SECOND AMENDMENT TO THE COMMUNITY HEALTH PARTNERS, INC. MANAGED CARE SERVICES AGREEMENT EFFECTIVE OCTOBER 1, 2008 PROVIDING ADVOCACY SERVICES TO THE WELLNESS BASED INCENTIVES PROGRAM - AT AN ESTIMATED COST OF $344,353.92, BASED UPON AN A VERAGE ENROLLMENT OF 2,200 EMPLOYEES Item #16E18 WAIVING FORMAL COMPETITION AND APPROVING THE SOLE SOURCE PURCHASE OF AN AUGER MONSTER SYSTEM FOR THE NAPLES JAIL FROM JWC ENVIRONMENTAL C/O HEYWARD INCORPORA TED AT A COST OF $98,856 - TO SHRED BLANKETS, CLOTHES, PILLOWS AND SHOES COMING INTO THE JAIL THAT ARE DETRIMENTAL TO THE SANITARY SEWER SYSTEM Item #16E19 A LETTER OF AGREEMENT WITH QUEST DIAGNOSTICS, INC. EFFECTIVE JANUARY 1, 2009, PROVIDING ONSITE BIOMETRIC AND LABORATORY TESTING SERVICES IN Page 272 October 28, 2008 SUPPORT OF THE WELLNESS BASED INCENTIVES PROGRAM - FOR EMPLOYEES TO PARTICIPATE IN VARIOUS WELLNESS RELATED ACTIVITIES TO PREVENT ILLNESS AND MANAGE CHRONIC DISEASE Item #16E20 AN INTERIM MANAGEMENT PLAN FOR THE FREITAS PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - FOR 2.27 ACRES LOCATED ON THE SOUTH SIDE OF 62ND AVE NE IN GOLDEN GATE ESTATES Item #16E21 AN AGREEMENT WITH CS STARS, INC. FOR THE LEASE OF RISK MANAGEMENT INFORMATION SYSTEMS SOFTWARE SERVICES IN THE AMOUNT OF $107,060 ANNUALLY - AS DETAILED IN EXECUTIVE SUMMARY Item # 16E22 AN AMENDMENT TO THE MICROSOFT ENTERPRISE AGREEMENT TO ADD TELEPHONY INTEGRATION LICENSING FOR $72,680.76 - ADDITIONAL LICENSING REQUIRED FROM MICROSOFT THAT IS NEEDED TO ACTIVATE NEW FEATURES Item # 16E23 A MAXIMUM EXPENDITURE OF ONE HUNDRED FIFTY THOUSAND AND NO/lOO DOLLARS ($150,000.00) FROM THE GAC LAND TRUST TO THE ALL KIDS PLAY FOUNDATION Page 273 October 28, 2008 OF CORKSCREW COMMUNITY FOR THE PURCHASE OF EQUIPMENT AND MATERIALS TO F ACILIT A TE THE CONSTRUCTION OF A BOUNDLESS PLAYGROUND TO BE LOCATED AT BIG CORKSCREW ELEMENTARY SCHOOL AND SERVING THE RESIDENTS OF GOLDEN GATE ESTATES Item # 16E24 TWO FLORIDA DIVISION OF FORESTRY (DOF) AGREEMENTS FOR CONDUCTING CONTROLLED BURNING AND SITE PREPARATION ON THE CONSERVATION COLLIER NANCY PAYTON PRESERVE - TO MITIGATE THE RISK OF HOMES AND PROPERTY BEING DAMAGED OR DESTROYED BY WILDFIRE Item #16E25 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY 08 Item #16F1 RESOLUTION 2008-314: A FLORIDA EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION, GRANT DISTRIBUTION FORM AND RESOLUTION FOR THE FUNDING OF THE EMS PORTION OF THE EMS/FIRE CONSOLIDATION STUDY, TRAINING AND MEDICAL/RESCUE EQUIPMENT AND SUPPLIES IN THE AMOUNT OF $170,111.00 AND A BUDGET AMENDMENT Page 274 October 28, 2008 Item # 16F2 AN AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT ACCEPTING $101,573 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT - FUNDS ARE AVAILABLE AS A RESUL T OF $2.00 SURCHARGE FOR EACH RESIDENTIAL INSURANCE POLICY AND $4.00 FOR EACH BUSINESS INSURANCE POLICY ISSUED IN FLORIDA Item #16F3 THE PROPOSED TOURISM STRATEGIC PLAN FOR FISCAL YEAR 09 - TO PROMOTE COLLIER COUNTY AS A TOURISM DESTINATION . Item #16F4 RESOLUTION 2008-315: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET Item #16G1 AN ENVIRONMENTAL PROTECTION AGENCY (EP A) COMMUNITY - WIDE BROWNFIELDS ASSESSMENT GRANT IN THE AMOUNT OF $650,000 TO CONDUCT ENVIRONMENTAL ASSESMENTS IN ECONOMICALLY DISTRESSED AREAS WITHIN THE COLLIER COUNTY CRA BOUNDARIES; AND AUTHORIZING THE CRA CHAIRMAN Page 275 October 28, 2008 TO SIGN A SUPPORT LETTER AS A PARTNER IN THE COLLIER COUNTY BROWNFIELDS COALITION - TO ESTABLISH HOW FUNDS ARE DISTRIBUTED AMONG MEMBERS AS WELL AS HOW SITES WILL BE SELECTED FOR ASSESSMENT Item #16G2 CRA RESOLUTION 2008-316: AMENDING THE BA YSHORE GA TEW A Y TRIANGLE SITE IMPROVEMENT GRANT PROGRAM FOR FISCAL YEAR 2009; APPROVING THE GRANT APPLICATION PROCESS; AND APPROVING THE FORM OF THE GRANT AGREEMENT - TO BETTER SERVE THE COMMUNITY BY CLARIFYING QUALIFIED RESIDENTIAL PROJECTS, ELIMINATING COMMERCIAL PROJECTS AND CLEARLY SPECIFYING ELIGIBLE GRANT PARTICIPANTS Item #16G3 AMENDING ORDINANCE NO. 2002-38, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE TO RE-ESTABLISH TWO EXISTING GRANT PROGRAMS AND ESTABLISH TWO NEW CRA GRANT PROGRAMS FOR THE BA YSHORE GATEWAY TRIANGLE CRA (COMPANION ITEM TO 17A) - RE-ESTABLISHING THE SWEAT EQUITY GRANT PROGRAM, SHORELINE STABILIZATION IMPROVEMENT GRANT PROGRAM, LANDSCAPE IMPROVEMENT GRANT PROGRAM AND COMMERCIAL BUILDING IMPROVEMENT GRANT PROGRAM Page 276 October 28, 2008 Item #16H1 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE IMMOKALEE MIGRANT MATRIX 5 ON OCTOBER 3,2008. $25.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT BETHEL ASSEMBLY CHURCH, IMMOKALEE Item # 16H2 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE NAACP FREEDOM FUND DINNER AND AWARDS CEREMONY ON OCTOBER 18, 2008. $65.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET- HELD AT THE NAPLES HILTON & TOWERS, 5111 T AMIAMI TRAIL NORTH Item #16H3 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE IMMOKALEE CHAMBER OF COMMERCE BREAKFAST ON AUGUST 6, 2008. $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE SEMINOLE CASINO RESTAURANT, 506 SOUTH FIRST STREET, IMMOKALEE Page 277 October 28, 2008 Item #16H4 COMMISSIONER COLETTA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE LEAGUE OF WOMEN VOTERS LUNCHEON ON OCTOBER 20, 2008. $25.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE COLLIER ATHLETIC CLUB, LOCATED IN THE COMMONS OF GOODLETTE- FRANK AND 7TH AVE N, NAPLES 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 278 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 28, 2008 L MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1) Big Corkscrew Island Fire Control & Rescue District: Five Year Plan; Bond Service Statement; District Map/Registered Agent Statement; FY 08-09 Meeting Schedule. 2) Big Cvpress Stewardship District: Meeting schedule statement. 3) South Florida Water Management District: FY 08-09 Adopted Budget. 4) Verona Walk Community Development District: FY 08-09 Regular Board Meeting Schedule. B. Minutes: 1) Animal Services Advisorv Board: Minutes ofJuly 15,2008. 2) Bavshore Beautification MSTU Advisorv Committee: Agenda of July 9, 2008; September 10,2008. Minutes of May 14,2008; July 9, 2008. 3) Collier County Code Enforcement Board: Minutes of August 22, 2008. 4) Collier Countv Planning Commission: Agenda of October 2, 2008 REVISED. Minutes of August 7, 2007; August 13,2008. 5) Countv Govemment Productivitv Committee: Agenda of September 19, 2007; October 31, 2007; November 14, 2007. Minutes of September 19, 2007; October 31, 2007; November 14, 2007; December 12, 2007. 6) Emergencv Medical Services Advisorv Council: Minutes of July 30. 2008. 7) Golden Gate Beautification Advisorv Committee: Agenda of February 13, 2008; March 11,2008; April 8, 2008; June 10,2008; July 8, 2008; August 12, 2008. Minutes of January 8, 2008; February 13,2008; March 11, 2008; April 8, 2008; May 13,2008; June 10, 2008; July 8, 2008; August 12,2008. 8) Haldeman Creek Maintenance Dredging Advisorv Committee: Agenda of December 13, 2007; March 13,2008. Minutes of October 25,2007. 9) Hispanic Affairs Advisorv Board: Minutes of June 26, 2008. 10) Historical! Archaeological Preservation Board: Agenda of September 17, 2008. Minutes of July 16,2008. 11) Immokalee Beautification Advisorv Committee: Agenda of November 28, 2007; February 27, 2008; April 23, 2008; May 28, 2008; June 25, 2008; September 24, 2008. Minutes of October 24, 2007; November 28, 2007 no quorum; January 23,2008; March 26, 2008; April 23, 2008 no quorum; May 28, 2008; August 27, 2008; 12) Immokalee Enterprise Zone Development Agencv: Agenda of September 17, 2008. Minutes of August 11, 2008 special meeting workshop; August 20, 2008; August 29, 2008 special meeting workshop. 13) Immokalee Local Redevelopment Advisorv Board: Agenda of September 17, 2008; September 17,2008 joint w/ Master Plan and Visioning Comm. Minutes of August 20, 2008; August 20, 2008 joint w/ Master Plan and Visioning Comm. 14) Isles of Capri Fire Control District Advisorv Committee: Agenda of September 10, 2008. Minutes of September 10,2008. 15) Land Acquisition Advisorv Committee: Agenda of October 13, 2008. 16) Lelv Golf Estates Beautification Advisorv Committee: Agenda of April 17, 2008; May 15, 2008; June 19, 2008; September 18, 2008. Minutes of March 20, 2008; April 17, 2008; May 15,2008; August 21,2008. 17) Pelican Bav Services Division Board: Agenda of October 1, 2008. 18) Public Vehicle Advisorv Committee: Minutes of September 8, 2008. 19) Rural Lands Stewardship Area Review Committee: Minutes of September 16, 2008; September 23,2008. 20) Utility Authoritv (Water and Wastewater Authority): Minutes of August 25, 2008. 21) Vanderbilt Beach Beautification MSTU Advisorv Committee: Agenda of February 7, 2008; April 3, 2008. Minutes of January 3, 2008; March 6,2008; April 3, 2008 no quorum; April 17, 2008; May 1, 2008. C. Other: 1) Emergency Medical Services Advisorv Council Sub-Committee and Productivity Committee Sub-Committee: Minutes of September 3, 2008. 2) Public Safety Coordinating Council Regional Task Force: Agenda of June 12,2008. Minutes of June 12, 2008. 3) Collier Countv Code Enforcement Special Magistrate: Minutes of September 19, 2008. 4) Public Safety Coordinating Council: Agenda of June 12,2008. Minutes of June 12,2008. 5) Annexation of Senior Care Development Site: Minutes of July 14,2008; September 5,2008. October 28, 2008 Item #1611 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 04, 2008 THROUGH OCTOBER 10, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1612 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 11, 2008 THROUGH OCTOBER 17, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 RETENTION AGREEMENT FOR LEGAL SERVICES ON AN AS NEEDED BASIS WITH THE LAW FIRM OF YOUNG VAN ASSENDERP, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS - PROVIDING SPECIALIZED LEGAL SERVICES Item # 16K2 OFFER OF JUDGMENT FOR PARCELS 123 & 823 BY COLLIER COUNTY TO PROPERTY OWNER ROSE SOMOGYI, INDIVIDUALL Y AND AS TRUSTEE, IN THE LAWSUIT STYLED COLLIER COUNTY V JOHN J. YAKLICH, ET AL., CASE NO. 03-2259-CA (GOLDEN GATE PARKWAY PROJECT 60027) (POSITIVE FISCAL IMPACT: IF ACCEPTED, $57,232.65) - COMPENSATION FOR PARCEL AND ATTORNEY FEES Page 279 October 28, 2008 Item #16K3 RETENTION AGREEMENT FOR LEGAL SERVICES ON AN AS NEEDED BASIS WITH THE LAW FIRM CARLTON FIELDS, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS - PROVIDING SPECIALIZED LEGAL SERVICES Item #16K4 SECOND AMENDED DECLARATION OF TAKING AND STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $3,500.00 FOR PARCEL 130 (TO BE REDESIGNATED AS PARCELS 130TSE AND 130SW-U-SL- TSMPE) IN THE LAWSUIT STYLED COLLIER COUNTY V ALEXANDER G. CHRISTOU, ET AL., CASE NO. 07-4923-CA (SANTA BARBARA BOULEVARD EXTENSION PROJECT 60091) (FISCAL IMPACT $3,500.00) - FOR A TEN-FOOT TEMPORARY SLOPE EASEMENT AND A TEN-FOOT NON- EXCLUSIVE SIDEWALK, UTILITY, STREET LIGHT AND TRAFFIC SIGNAL MAST POLE EASEMENT Item # 16K5 STIPULATED FINAL JUDGMENT IN AN AMOUNT OF $32,000.00 FOR PARCEL 151RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V LUZ MATLIN, ET AL., CASE NO. 07-2850- CA (OIL WELL ROAD PROJECT NO. 60044). (FISCAL IMPACT $12,900.00) - FOR A .052 ACRE PARCEL NEEDED FOR RIGHT- OF-WAY, DRAINAGE AND UTILITIES EASEMENT Page 280 October 28, 2008 Item #16K6 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $238,225.00 FOR PARCELS 120FEE, 120TDRE1, 120TDRE2, 124FEE, 124TDRE1, AND 124TDRE2 IN THE LAWSUIT STYLED COLLIER COUNTY V TERRY WALSH, ET AL., CASE NO. 07-4030-CA (OIL WELL ROAD PROJECT 60044) (FISCAL IMPACT $52,625.00) - FOR.477 ACRES FOR ROAD RIGHT-OF- WAY AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS Item # 17 A ORDINANCE 2008-61: AMENDING ORDINANCE NO. 2002-38, COLLIER COUNTY'S REDEVELOPMENT GRANT PROGRAM ORDINANCE TO REESTABLISH TWO EXISTING GRANT PROGRAMS AND ESTABLISH TWO NEW CRA GRANT PROGRAMS FOR THE BA YSHORE GATEWAY TRIANGLE CRA (COMPANION ITEM TO 16G3) Item #17B RESOLUTION 2008-317: HD-2007-AR-11828, COLLIER COUNTY HISTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD, A HISTORICAL DESIGNATION FOR EXISTING SPECIMEN PLANTS AND TREES ON LOT 5 OF THE NAPLES ZOO, CARIBBEAN GARDENS GA TEHOUSE/GIFT SHOP AND AN OUTHOUSE ON LOT 5, PART OF THE DR. NEHRLING TROPICAL GARDEN ON COLLIER COUNTY PROPERTY AND LEASED BY THE NAPLES ZOO. CURRENT ZONING OF THE PARCEL IS C-3 AND "A" RURAL AGRICULTURAL, CONSISTING OF 13.35 ACRE, LOCATED AT Page 281 October 28,2008 1590 GOODLETTE ROAD NORTH, SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - DESIGNATING THE 13.35+/- TRACT AS A HISTORIC SITE ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL D STRICTS UNDER ITS CONTROL ~ , Chairman " , ' A TTESif > .c'" DWI6H1:E~ $..QCK, CLERK ~~V~~{LS>L ~ttest utctclIa \,..... , $ \ Qnature on I . These minutes approveq,by the Board on );2/ ~Di , as presented ~ - or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 282