Loading...
BCC Minutes 11/18/2008 R November 18, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 18, 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 (Absent) Frank Halas ALSO PRESENT: Jim Mudd, County Manager Jeffrey A. Klatzkow, County Attorney Sue Filson, Executive Manager, BCC Office Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA November 18,2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 (Absent) NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 November 18, 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 CERT AIN 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 IMP AIRED 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 J. R. Pagan, International Worship Center B. Swearing-In Ceremony for Commissioners Fiala, Henning, and Coletta by The Honorable Judge Hugh Hayes 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. October 8, 2008 - BCC/PUD Audit Workshop C. October 14/15,2008 - BCC/Regular Meeting D. October 17, 2008 - Value Adjustment Board Special Magistrate Gerald Lagace E. October 17, 2008 - Value Adjustment Board Special Magistrate Davia Mazur Page 2 November 18,2008 F. October 23,2008 - Value Adjustment Board Special Magistrate Scott Watson 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 1) 20-Year Recipient: Cherryle Thomas - Immokalee Beautification MSTU Advisory Committee 4. PROCLAMA TIONS A. Proclamation recognizing the Golden Gate High School JROTC program honoring staff and cadets for their contribution to the comrnunity. To be accepted by Paul Garrah, Lieutenant Colonel (Ret) United States Army, Senior Army JROTC Instructor, Golden Gate High School. B. Proclamation designating December I - 5, 2008 as Employee Learning Week. To be accepted by Charles W. Ingram, Vice President - Community Outreach, ASTD Southwest Florida Chapter. C. Proclamation designating November 23rd through the 29th as Farm-City Week. To be accepted by Bart Zino and Cyndee Woolley, Co-Chairs of the Farm City BBQ. D. Proclamation designating November, 2008 as American Diabetes Month. To be accepted by Irene Williams, Chairman of the Black Affairs Advisory Board and various members of the Board and health care community. E. Proclamation recognizing Chief Bob Schank for his lifetime career of serving Collier County. To be accepted by Chief Bob Schank. 5. PRESENTATIONS A. Recommendation to recognize Haris Domond, Technician, Traffic Operations Department, as Employee of the Month for October 2008. B. The Board of County Commissioners is pleased to present Mediterra Golf Course Operations the Waste Reduction Awards Program, the WRAP award, for contributing to the greater good of all of Collier County by being Page 3 November 18, 2008 a green cornpany, thereby helping to prolong the usable life of the Collier County Landfill. C. Presentation by Ms. Marta Alfonso, CPA, Rachlin LLP Accountants, regarding the status of the Board authorized audit of financial records concerning interest income. 6. PUBLIC PETITIONS A. Public petition request by Antonio Almodovar to discuss refund of water and sewer impact fees. B. Public petition request by Jose Armando and Maria Cabrera to discuss "Shopping Center" within a PUD. C. This item continued from the October 28, 2008 BCC Meeting. Public petition request by Kenny Brown to discuss a resolution supporting relieffor local businesses. D. Public petition request by Jamesdon Stevens to discuss bid process for Solicitation Number 08-5123. E. Public petition request by Burton Eisenbud to discuss ordinances affecting small businesses. F. Public petition request by Eddie Lagace to discuss reinstatement of Contractor's License. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. This item continued from the October 28, 2008 BCC Meeting. 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. Page 4 November 18, 2008 (Commissioner Coletta's request) B. Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. C. Appointment of members to the Pelican Bay Services Division Board. 10. COUNTY MANAGER'S REPORT A. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of the Amendment of the Florida Statutes to require election of the Governing Boards of the Florida Water Management Districts rather than by Governor Appointment. (Debbie Wight, Assistant to the County Manager) B. This item continued from the October 28, 2008 BCC Meeting. Recommendation to approve an amended and restated US41 Developers consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS). Due to the size of Exhibit 1 and 2, copies are available at the County Manager's Office. (Nick Casalanguida, Transportation Planning Director) C. Recommendation that the Board of County Commissioners accept the Fiscal Year 2008 Grant Report providing an annual update of grant funding activity. (Len Price, Administrative Services Administrator) D. Request Board direction on purchasing furnishings for the South Regional Library. (Marla Ramsey, Public Services Administrator) E. This item to be heard at 11 :00 a.m. This item is a companion to Item 10F. Recommendation to approve an Agreement for Sale and Purchase with Lake Trafford Ranch LLLP, a Florida limited liability lirnited partnership, for 2,511.90 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33,328,400, and to name the resulting acquisition Pepper Ranch Preserve. (Alex Sulecki, Conservation Collier) F. This item is a companion to Item 10E. Recommendation to award a Request for Commitment (RFC) and adopt a Resolution authorizing the issuance of a Limited General Obligation Bond (Conservation Collier Program) in an amount not exceeding $21,000,000 to finance the acquisition Page 5 November 18, 2008 of environrnentally sensitive land (Pepper Ranch); accepting a proposal from Sun Trust Equipment Financing & Leasing Corp. to provide the County with a loan to finance the acquisition of the environmentally sensitive land; authorizing the execution of a bond to evidence such borrowing; authorizing the bond to be payable from ad valorem taxation to be levied in an amount not to exceed one-quarter of a mill on all taxable property within the County; making certain covenants and agreements with respect to the bond; delegating certain authority to the Chairman and other Officers of the County; appointing the County as paying agent and registrar for the bond; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (John Y onkosky, Office of Management and Budget Director) G. Recommendation that the Board of County Commissioners approves the attached resolution and a procedure allowing for reimbursement of fuel mileage expenses in excess of 20 miles round trip for Advisory Board Members. (Len Price, Administrative Services Administrator) H. Recomrnendation for the Board of County Commissioners (Board) to provide the County Manager or his designee with guidance on making an offer for the Conservation Collier A-List Hamilton property at a reduced sale offer made by the owner of $1 ,913,000 and to accept Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommendations regarding existing structures. (Alex Sulecki, Conservation Collier) I. This item to be heard at 1 :00 p.m. and after Item 12B. Recommend the Board of County Commissioners (Board) provide direction to staff concerning the use of excess turn back from the Constitutional Officers. (John Yonkosky, Office of Management and Budget Director) J. Presentation to the Board of County Commissioners to provide an annual update and comparison of the local area housing market and the status of current affordable housing programs, funding amounts and assistance strategies. (Marcy Krumbine, Housing and Human Services Director) K. Recommend approval from the Board of County Commissioners to purchase the Port of the Islands Marina excluding the 140 boat slips for $5,488,000 which includes $4,750,000 cash at closing and a $738,000 seller property donation. (Gary McAlpin, Coastal Zone Management Director) Page 6 November 18,2008 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item continued from the October 28, 2008 BCC Meeting. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDA y, NOVEMBER 18, 2008, at a time certain of 12:00 noon in the Commission conference room, 3rd 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 aI., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item continued from the October 28, 2008 BCC Meeting. 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 aI., Case No. 08-0066- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. C. Request that the Board of County Commissioners provide direction concerning an application for a right-of-way permit submitted by Imperial Golf Estates Homeowners Association, to allow construction of an access road solely for emergency purposes, between Imperial Golf Estates and Palm River Estates subdivisions, as required by County Ordinance No. 87- 55. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 7 November 18,2008 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 by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Torino Lot 37 Replat. 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Torino Lot 55 Replat 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Christ Community Lutheran School. 4) To accept final and unconditional conveyance of the water utility facility for Verona Walk Town Center. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Terrabella of Pelican Marsh. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for Caldecott. 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Terrabella of Pelican Marsh, Unit One. 8) Recommendation to approve final acceptance of the water and sewer utility facilities for Terranova at Pelican Marsh, Unit One. 9) Recommendation to grant final approval of the roadway (private) and drainage irnprovements for the final plat of Delasol Phase Two (Madiera PUD), the roadway and drainage improvements will be Page 8 November 18, 2008 privately maintained. 10) Recommendation to grant final approval of the roadway (private) and potable water improvements for the final plat of Sabal Bay Commercial Plat Phase Three with the roadway improvements being privately maintained. Collier County has previously accepted the potable water improvements for maintenance. 11) This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. A Resolution of the Collier County Board of County Board of County Commissioners designating 5,259.0 acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as CLH and CDC SSA 15; subject to the terms set forth in the Escrow Agreement for CLH and CDC SSA 15, Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15, and Stewardship Easement Agreement for CLH and CDC SSA 15 approving a Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15; approving a Stewardship Easement Agreement for CLH and CDC SSA 15 approving an Escrow Agreement for CLH and CDC SSA 15; and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area. 12) This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. A Resolution of the Collier County Board of County Commissioners designating 2,876.2 acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as CDC SSA 16; pursuant to the terms set forth in the Escrow Agreement for CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC SSA 16; and Stewardship Sending Area Easement Agreement for CDC SSA 16; approving a Stewardship Sending Area Credit Agreement for CDC SSA 16; Approving A Stewardship Sending Area Easement Agreement For CDC SSA 16; approving an Escrow Agreement for CDC SSA 16; and establishing the number of Stewardship Credits Generated by the designation of said Stewardship Sending Area. 13) This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. A Resolution of Page 9 November 18, 2008 the Collier County Board of County Commissioners designating 1,713.5 Acres in the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as CLH SSA 14; pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH SSA 14; approving a stewardship Sending Area Credit Agreement for SSA 14; approving a Stewardship Easement Agreement for CLH SSA 14; approving an Escrow Agreement for CLH SSA 14; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. 14) That the Board of County Commissioners (Board) approves a proposal from the Florida Department of Environmental Protection to split the payment of the applicable fees into two separate payments for all plan review, approval and field inspections for DEP Project #60663, Collier Seminole State Park Campground Improvements. 15) Recommendation that the Board of County Cornmissioners approve an Advanced Broadband Infrastructure Investrnent Program Agreement with P ACE Center for Girls, Inc. consistent with the provisions of the Advanced Broadband Infrastructure Investment Program and the entitys approved incentive application. 16) Recommendation that the Board of County Commissioners authorize staff to revise the Public Vehicle for Hire Ordinance 2006-59 to remove redundancies, correct flaws, simplify, and generally update the ordinance. 17) Recommendation to approve the Release and Satisfaction of a Code Enforcement Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. B. TRANSPORTATION SERVICES 1) Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement submitted with the Enterprise Road Facility SOP AR #12258. Page 10 November 18, 2008 2) Recommendation to approve the October 2008 Collier County Transit Development Plan Annual Progress Report. 3) Recommendation for the Board of County Commissioners to approve a budget amendment recognizing additional year ending fiscal year 2008 carryforward within Rock Road MSTU Fund (165) in the amount of $10,300 to improve limerock roads. C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners approve amendments to the Florida Innovative Waste Reduction and Recycling Grant Collier County Seasonal and Year Round Business How to Recycle Videos grant agreement IG8-09 from the Florida Department of Environmental Protection. 2) Recommendation that the Board of County Commissioners approve amendments to the Florida Innovative Waste Reduction and Recycling Grant School Beverage Container Recycling Challenge Program grant agreement IG8-07 from the Florida Department of Environmental Protection. 3) Recommendation to authorize refund of water and wastewater impact fees on permit 2008020167 for Tropical Smoothie Cafe to Phillip T. Woodhouse in the amount of$3,669.43, in accordance with direction by the Collier County Board of County Commissioners on September 9,2008, Item 6B. 4) To Award RFP No. 08-5063R for Annual Contract for Analytical Laboratory Services to Pace Analytical Services, Genapure for Wastewater, Pollution Control & Water Departments with Southern Analytical Laboratories as back up for the Water Department. 5) Recommendation to approve the communication of concerns from the Collier County Water-Sewer District, by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, to the South Florida Water Management District relative to the proposed revisions to Florida Administrative Code Chapters 40E-2 and 40E-24 Page 11 November 18,2008 (Year-Round Landscape Irrigation Rule). 6) Recommendation to approve the communication of concerns from the Collier County Water-Sewer District, by letter, under the signature of the Chair of the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, to the South Florida Water Management District relative to the proposed creation of Florida Administrative Code Chapter 40E-l 0 (Picayune Strand Reservation). D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $72,231.00 Housing and Urban Development (HUD) grant to The City of Marco Island for the installation of sidewalks. 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign Amendment No. 1 with the FWCC, Derelict Vessel Removal (FBIP) Grant Contact No. 07-071, that will provide grant funds in the amount of $80,000. 3) Recommendation for the Board of County Commissioners to approve the Neighborhood Stabilization Program (NSP) amendment to the 2008-09 HUD One Year Action Plan and authorize the Chairman to sign the necessary certifications and documents to submit the document to Housing and Urban Development (HUD) by December 1,2008. 4) Recommendation that the Board of County Commissioners approve an after-the-fact submittal of the Continuum of Care (CoC) Grant application to the U.S. Department of Housing and Urban Development (HUD) for a program assisting and benefiting the homeless population in Collier County in the amount of$761 ,753. 5) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $6,336 State of Florida, Department of Children and Families, Challenge Grant to The National Alliance on Mental Illness Page 12 November 18, 2008 (NAMI) for homeless assistance. 6) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $38,496 State of Florida, Department of Children and Families Challenge grant to Collier County Hunger and Homeless Coalition to support and maintain the Homeless Management Information System. 7) Recommend approval by the Board of County Commissioners of Amendment No.3 to the attached FDEP Cost Share Contract 05COl for the construction and monitoring of the City of Naples/Collier County Beach Renourishment Project No. 905271. 8) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $115,849.00 Housing and Urban Development (HUD) grant to The City of Naples for neighborhood improvements such as street parking, landscaping and irrigation. 9) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign the FY 2008-09 agreement with the David Lawrence Mental Health Center, Inc. in the amount of $1,055,778. 10) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an agreement with the State of Florida, Department of Children and Families accepting a Challenge Grant in the amount of$96,000; and authorize any necessary budget amendments associated with this action. 11) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $10,272 State of Florida, Departrnent of Children and Families, Challenge Grant to Saint Matthews House to provide transportation for Collier County's homeless population. 12) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a $40,896 State of Florida, Department of Children and Page 13 November 18, 2008 Families, Challenge Grant to The Shelter for Abused Women and Children to partially fund two salaries for Case Managers. 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 65, Trail Ridge, East Naples. 14) Recomrnendation that the Board of County Comrnissioners 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 66, Trail Ridge, East Naples. 15) 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 67, Trail Ridge, East Naples. 16) Recommendation that the Board of County Comrnissioners 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 68, Trail Ridge, East Naples. 17) Recornmendation 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 69, Trail Ridge, East Naples. 18) 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 70, Trail Ridge, East Naples. Page 14 November 18, 2008 19) 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. 20) Recommendation that the Board of County Commissioners approves submittal of a State of Florida Department of Transportation (FDOT) Transportation Enhancement Program (TEP) grant application to the Collier County Metropolitan Planning Organization (MPO) for the construction of the Gordon River Greenway Park in the amount of $400,000. 21) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Interlocal Agreement between Collier County and the City of Naples Regarding Parks and Recreation in the sum of $1 ,000,000 per annum. 22) Recommendation that the Board of County Commissioners awards bid #08-5129 to Sea Tow in an amount not to exceed $100,000 for the removal of derelict vessels. 23) Recommendation to approve the Assumption Agreement under Contract No. 00-3168 Barefoot Beach Concession Agreement from Recreational Facilities of America, Inc. by Steven R. Banks d/b/a Barefoot Beach Rentals and to ratify two (2) previous renewals of that Agreement. 24) Approve Change Order No. I to File No. DRI 05-06 with Inspired Woodworking for Project 4984 23RD Court SW, Naples, Florida (Folio No. 36110800009) and Ratify Prior and Future Project Expenditures. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the renewal of the Group Life, Long Term Disability, and Short Term Disability Insurance programs with Sun Life Assurance Company of Canada effective January 1,2009 at the current rates, coverage terms and conditions. Page 15 November 18,2008 2) Recommendation to award Bid No. 08-5110, "Portable Toilet Rentals" to United Site Services of Florida, Inc. as the primary and Ron Jons Porta Potty Rentals as the secondary for portable toilet rental services for an estimated annual amount of $45,000. 3) Recommendation to approve the Second Amendrnent to the Express Scripts, Inc. Prescription Drug Program Agreement to provide Pharmacy Benefit Management Services to the Collier County Group Health Insurance Plan. 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 5) Recommendation that the Board of County Commissioners award RFP #08-5100, Annual Contract for All Collier County Printing and Copying Services to various printers in the estimated annual amount of $400,000. Also approve the Collier County Graphics Standards manual. F. COUNTY MANAGER 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 2) Recommendation that the Board of County Commissioners approve and authorize its Chairman to sign a representation agreement between Collier County and OMMAC, Ltd. for international marketing representation services in FY 09 in the amount of $200,000. 3) Approve a budget amendment to increase the budget for unemployment compensation expenses by $315,000. 4) Approval of a budget amendment pursuant to Board of County Commission direction on September 23,2008 reducing by $60,000 the Clerk of Court transfer which provided funding for attendance by the Clerk of Court at Board of County Commission meetings. Page 16 November 18, 2008 5) Approve Budget Amendments. 6) Recornmendation that the Board of County Commissioners approve a budget amendrnent reimbursing the Court IT Fee Fund (178) $241,303.37 from General Fund (00 I) reserves to replace restricted funds transferred to the General Fund. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to approve the purchase of two residential (mobile home) lots in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a payment from the Bayshore Gateway Triangle CRA Fund 187 in the amount of$90,000 plus cost and expenses to complete the sale of subject property contingent upon review and approval of the Agreement for legal sufficiency by the County Attorney's Office. Site address: 3029 & 3037 Lunar St. ($90,000). 2) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential property located in the Bayshore Gateway Triangle Area; waive the requirement for an appraisal; authorize the CRA Chairman to execute the real estate contract; approve payment from Fund (I87) and authorize the Executive Director to make payment in the amount of$99,000 plus cost and expenses to complete the sale of subject property; and authorize the demolition of the site structures after closing. Site address: 2515 Becca Avenue ($99,000)(David Jackson, Executive Director, Bayshore Gateway Triangle CRA) 3) Recommendation for the Collier Community Redevelopment Agency (CRA) Board to authorize the Bayshore Gateway Triangle CRA Executive Director to serve as the Special District Registered Agent for the Collier County CRA. 4) Approve an Agreement for Sale and Purchase to provide for the purchase of2.73 acres ofland to relocate the vehicle and aircraft parking at the Marco Island Executive Airport at a cost not to exceed Page 17 November 18, 2008 $260,000. 5) Recommendation to the Community Redevelopment Agency to approve Change Order No. I to Contract No. 08-5073 with RW A, Inc. for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment sufficient appropriation to fund a Public Realm Plan in the Scope of Services. 6) Recommendation to the Board of County Commissioners to approve Change Order No. I to Contract No. 08-5073 with R W A, Inc. for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment as sufficient appropriation to fund a Public Realm Plan in the Scope of Services. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Lely Main Canal Improvement Project Program and Dedication Ceremony and luncheon, hosted by Collier Enterprises on November 13,2008 in Naples, Florida. $4.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners endorse the United States Department of Justice and United States Department of the Treasury Combined Equitable Sharing Agreement and Certification through September 2009. 2) To obtain Board approval for disbursements for the period of October 18, 2008 through October 24, 2008 and for subrnission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of October 25,2008 through October 31, 2008 and for submission into the Page 18 November 18, 2008 official records of the Board. 4) To obtain Board approval for disbursements for the period of November 01,2008 through November 07,2008 and for submission into the official records of the Board. 5) Recommend that the Board of County Commissioners approve the use of confiscated trust funds for Drug Abuse Education and Prevention. K. COUNTY ATTORNEY 1) Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Susan Phillips vs. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-2988-CA, for $5,000.00. 2) Recommendation to approve a Stipulated Final Judgment in the amount of$I,800.00 for Parcel150RDUE in the lawsuit styled Collier County v. Allen W. Barnes, as Personal Representative of and Sole Heir to the Estate of Hilda M. Barnes, et aI., Case No. 07-2864-CA. (Oil Well Road Project No. 60044) 3) Recommendation to approve a Stipulated Final Judgment in the amount of $21,845.00 for Parcel 164 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road II Project No 60018). (Fiscal Impact $15,960.85) 4) Recommendation that the County Attorney be directed to advertise an ordinance that repeals and replaces Ordinance No. 74-7 with an ordinance prohibiting camping in the unincorporated areas of Collier County. 5) Recommendation to approve a Stipulated Final Judgment in the amount of $20,000.00 for Parcel158RDUE in the lawsuit styled Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil Well Road Project 60044). (Fiscal Impact $5,600.00) 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 Page 19 November 18, 2008 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PE-2008-AR- 13117: Lee County Electric Coop (LCEC) Inc., represented by Jim Krall, P.E. of Davidson Engineering, is requesting a Parking Exemption for the LCEC Immokalee Area Service Center in a Residential Multi-family 6 (RMF-6) Zoning District. The subject property is located in Immokalee at 433 15th Street North, Section 5, Township 47, Range 29, Immokalee, Florida.(CTS) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. NUA-2007-AR-12575 Hitching Post Co-op, Inc., represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a non-conforming use alteration approval, to enable unit owners to replace existing non-conforming structures, in conformance with the Fire Code and so as not to increase the existing non- conformities. The subject 44.46 acre property is located in the Hitching Post Co-op subdivision, along the west side of Barefoot Williams Road, approxirnately 200 feet south of the intersection of Barefoot Williams Road and Tamiami Trail East, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (CTS) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2007-AR- 12357, First Congregational Church of Naples, represented by D. Wayne Arnold ofQ. Grady Minor and Associates, P.A., requesting a Conditional Use to permit The First Congregational Church of Naples to construct a 300 seat facility. This site is zoned Estates (E) and is located within the Estates Designation on the Future Land Use Map of Collier County Growth Management Plan. Pursuant to Section 2.04.03 of the Land Development Page 20 November 18, 2008 Code, churches and places of worship are permitted conditional uses in the E, Estate zoning district. Currently the property is utilized as a single family residence. The subject property is 2.6 +/- acres located at 6225 Autumn Oaks Lane, Section 29, Township 48 South, Range 26 East, Collier County, Florida. (CTS) D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 21 November 18, 2008 November 18, 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. Welcome to the Collier County Board of Commissioners' regular meeting of November 18th, 2008. Today's invocation will be given by Pastor lR. Pagan from the International Worship Center; to follow that, we'll -- the Junior ROTC from Golden Gate High School will present the colors and we will salute the flag, give the Pledge of Allegiance. One more thing before we get into the business, the Honorable Chief Judge Hugh Hayes will be giving the oath of the new Board of Commissioners for the year 2008. So with that, would you all rise for the invocation. PASTOR PAGAN: Good morning. Dear Father, I come to you in the name of Jesus, thanking you for this precious day, Lord. I thank you for all the commissioners, for all the leaders of this community. I ask you, God, that you bless them all and that they can lead this community to a better day, God, in the times that we're living. Also, I want to thank you, Lord, for these young people over here, the ROTC, and they are the best young people that represent America, God. And I ask you, God, that you bless them and that they can know today that they have a purpose in this country for the future of this country, Lord. I ask you all these things in the name of Jesus Christ, amen. (The Pledge of Allegiance was recited in unison, and the National Anthem was sung.) CHAIRMAN HENNING: Thank you, Dolce. You did an outstanding job, as promised. MS. DOLCE: Thank you. Item #IB Page 2 November 18, 2008 SWEARING-IN CEREMONY FOR COMMISSIONERS FIALA, HENNING, AND COLETTA BY THE HONORABLE JUDGE HUGH HAYES - SWORN IN CHAIRMAN HENNING: Now, Commissioner Coletta, Commissioner Fiala, if you would join me down in front of the dais for the oath. MR. MUDD: You can take your seats, please. JUDGE HAYES: Let me just first advise everybody that the oath of office that we're going to be giving this morning is an oath of office that's required by our Florida Constitution under Article II, Section 5, entitled Public Officers, and it requires that each state and county officer, before entering upon the duties of office, shall swear or affirm as follows: Raise your right hand; repeat after me. (The following was repeated by Commissioner Henning, Commissioner Fiala, and Commissioner Coletta in unison.) JUDGE HAYES: I do solemnly swear or affirm. COMMISSIONERS: I do solemnly swear or affirm. JUDGE HAYES: That I will support, protect, and defend. COMMISSIONERS: That I will support, protect, and defend. JUDGE HAYES: The Constitution and government. COMMISSIONERS: The constitution and government. JUDGE HAYES: Of the United States and of the State of Florida. COMMISSIONERS: Of the United States and of the State of Florida. JUDGE HAYES: That I am duly qualified to hold office. COMMISSIONERS: That I am duly qualified to hold office. JUDGE HAYES: Under the Constitution of this state. COMMISSIONERS: Under the Constitution of this state. JUDGE HAYES: And that I will well and faithfully perform. Page 3 November 18, 2008 COMMISSIONERS: And that I will well and faithfully perform. JUDGE HAYES: The duties of county commissioner. COMMISSIONERS: The duties of county commissioner. JUDGE HAYES: On which I am now about to enter. COMMISSIONERS: On which I am now about to enter. JUDGE HAYES: So help me God. COMMISSIONERS: So help me God. JUDGE HAYES: Thank you, Commissioners. (Applause. ) COMMISSIONER FIALA: For another eight years. I mean another four years. Just a slip of the tongue or was it really a prediction? COMMISSIONER COLETTA: I'm telling you, you're a psychic. COMMISSIONER HALAS: And to my fellow commissioners, welcome back. CHAIRMAN HENNING: It's, again, great to have the Golden Gate ROTC present the colors. It's a great way to start out the day. COMMISSIONER FIALA: Oh, it is. CHAIRMAN HENNING: Now County Manager will walk us through today's changes to today's agenda. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Agenda changes, Board of County Commissioners' meeting, November 18th 2008. First item is to continue Item 6D to the December 2nd, 2008, BCC meeting. It's a public petition request by Jamesdon Stevens to discuss bid process for solicitation number 08-5123. That item is being continued at the petitioner's request. Page 4 November 18, 2008 Next item is to withdraw Item 6F. It's a public petition request by Eddie Lagace to discuss reinstatement of the contractor's license. This item is being withdrawn at petitioner's request. Next item is to withdraw Item 10H. It's a recommendation for the Board of County Commissioners board to provide the county manager or his designee with guidance on making an offer for the Conservation Collier A list Hamilton property at a reduced sale offer made by the owner of$I,913,000 and to accept Conservation Collier Land Acquisition Advisory Committee recommendations regarding existing structures. From what I understand, this item -- this land has been sold, and staff is requesting that the item be withdrawn. The next item is 16G2. It's a substantial -- substantial changes were made to this item, and packets have been distributed to replace all documents in this item. The packet includes a revised executive summary and supporting documents and have been reviewed by the County Attorney's Office. That clarification and switch of packet is at staffs request. The next item is to withdraw Item 16G5 and 16G6, and they both have to do with the Community Redevelopment Agency and the Board of County Commissioners' approval to change order number one to contract number 085073 with RW A, Inc., for the Immokalee master plan and related services and approve a $165,000 budget amendment, sufficient appropriations to fund a public realm plan in the support -- in the scope of services, and those items are being -- 16G5 and 16G6 are being withdrawn at staffs request. Commissioners, you have a number of time certain items today on your agenda. First time certain item is Item 10E to be heard at 11 a.m. This item is a companion item to 10F. It's a recommendation to approve an agreement for sale and purchase for the Lake Trafford Ranch, LLP, a Florida limited liability limited partnership for 2,511.9 acres under the Conservation Collier Land Acquisition Program at a Page 5 November 18, 2008 cost not to exceed $33,328,400, and to name the resulting acquisition the Pepper Ranch Preserve. The next time certain item is 10B, to be heard at 11:30. This item -- this item was continued from the October 28th, 2008, BCC meeting. It's a recommendation to approve an amended and restated U.S. 41 developer's consortium developer contribution agreement, DCA, recorded in OR Book 4303, Page 2349. Due to the size of Exhibit 1 and 2, copies are available at the County Manager's Office. This item for a time certain at 11 :30 is at Commissioner Fiala's request. The next item that's time certain is Item 10F to be heard following companion Item 10E, and this is a recommendation to award a request for commitment, RFC, and adopt a resolution authorizing the insurance of limited general obligation bond Conservation Collier program in the amount not to exceed $21 million. And, again, this has do with the Pepper Ranch purchase, and the $21 million is to finalize that particular purchase. Next time certain item is Item 12A to be heard at 12 noon today, and that's a -- notice is hereby given that pursuant to Section 286.011(8), Florida Statutes, the county attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, November 18th, 2008, at a time certain of noon in the commission conference room, third floor, W. Harmon Turner building, Collier County Government Center. In addition to board members, County Manager Jim Mudd, County Attorney Jeff Klatzkow, 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 versus Collier County, et aI, case number 08-0066-CA, now pending in the 20th Judicial Circuit, in and for Collier County, Florida. Next item is a companion item to 12A, and that's when the board Page 6 November 18, 2008 basically comes out of the sunshine -- or excuse me -- comes out of the shade session into the sunshine at 1 o'clock and gives direction to the county attorney as to the pending litigation case of Jerry and Kimberlea Blocker versus Collier County. The next time certain item right after the directions on the Blocker case is Item 101, and it's to be heard immediately following 12B at 1 p.m. It's a recommendation -- to recommend the Board of County Commissioners provide direction to staff concerning the use of excess turnback from the constitutional officers. And then the -- the last time certain item that I have on the list is 12C to be heard at 2 p.m., and it's a request that the Board of County Commissioners provide direction concerning an application for a right-of-way permit submitted by Imperial Golf Estates Homeowners Association to allow construction of an access road solely for emergency purposes between Imperial Golf Estates and Palm River Estates subdivision, as required by county ordinance number 87-55. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Thank you. County Attorney, do you have any changes to today's agenda? MR. KLATZKOW: No, sir. CHAIRMAN HENNING: Sue, is there any speakers on today's consent or summary? MS. FILSON: No, sir. CHAIRMAN HENNING: Commissioner Halas, do you have and further changes to today's agenda or any ex parte on today's consent or summary agenda? COMMISSIONER HALAS: I have no changes on the consent agenda nor the regular agenda. The only ex parte that I have is on the summary agenda, and that pertains to Item 17C whereby I've had correspondence and also emails in regards to this item that's on the agenda. Thank you very much. Page 7 November 18, 2008 CHAIRMAN HENNING: Thank you. Commissioner Coletta, do you have any changes, further changes to today's agenda or any ex parte on today's consent or summary? COMMISSIONER COLETTA: Yes, I do, Chair. I would like to pull 16A16, which is, revisit the public vehicle for hire ordinance for us to give staff some sort of direction. And as far as disclosures go, on the consent agenda, Item 16All, I've had a meeting with Rich Y ovanovich and Mike Rosen, many correspondence, many emails. On 16A12, I've also met with Rich Yovanovich on that and Mike Rosen and many correspondence and emails. On 16A13, same thing, I met with Rich Yovanovich and Mike Rosen. Obviously Mr. Y ovanovich is a very busy person. And item -- on the summary agenda, 17C, I met with Reverend Wicker, Wayne Arnold, and other people at a meeting, and correspondence, and that concludes that. I thank you, sir. MR. MUDD: Mr. Chairman, 16A16 would become 10L. CHAIRMAN HENNING: Thank you. Commissioner Fiala, do you have any changes to today's agenda or any ex parte under the consent or summary agenda? COMMISSIONER FIALA: Yes, I do. On number 16A12, 11, and 13, I've spoken with Rich Y ovanovich and Mike Rosen, and I ran into George Varnadoe in a restaurant and spoke to him about it there. And also on -- I need to abstain from voting on item number 16B24 (sic). I've spoken to the county attorney. He's given me the papers to abstain. This is a family member that is involved in this particular item, and I've signed my papers, which I will turn over to the county attorney. CHAIRMAN HENNING: I have ex parte communication from staff on 16All, 16A12, 16A13. On the summary agenda, spoke to staff about 16A 1, 16A2 -- no, Page 8 November 18, 2008 it's 17 A2. That will be 17 A and B, correct? COMMISSIONER FIALA: I don't know. CHAIRMAN HENNING: Supposed to keep it straight. COMMISSIONER FIALA: Oh, okay. CHAIRMAN HENNING: On the First Congregational Church, I have emails, meetings, and telephone calls in my file, and anybody can review it if they wish. I've met with the petitioner, talked to several members of the church. Now, 16 David 21, the interlocal agreement with the City of Naples, I would like to have some discussion on that. Not that I'm against it, but I think it's worthy of discussion, so I'd like to have that put on the regular agenda, so that will be 10 -- MR. MUDD: M. CHAIRMAN HENNING: -- M. Now -- COMMISSIONER COLETTA: Sir, what was that number again? It was from the consent. MR. MUDD: 16D21. CHAIRMAN HENNING: Mr. Klatzkow, do you want to take a separate motion on 16 David 24? MR. KLATZKOW: No. I think the record's pretty clear that Commissioner Fiala will be abstaining with respect to that one item. CHAIRMAN HENNING: Okay, good, thank you. With that, I'll entertain a motion as amended to approve today's agenda. COMMISSIONER HALAS: So moved. CHAIRMAN HENNING: Motion by Commissioner Halas. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. Page 9 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 4-0. Page 10 November 18, 2008 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 18. 2008 Continue Item 60 to the December 2.2008 BCC Meetina: Public Petition request by Jamesdon Stevens to discuss bid process for Solicitation Number 08-5123. (Petitioner's request) Withdraw Item 6F: Public petition request by Eddie Lagace to discuss reinstatement of Contractor's License. (Petitioner's request.) Withdraw Item 10H: Recommendation for the Board of County Commissioners (Board) to provide the County Manager or his designee with guidance on making an offer for the Conservation Collier A-List Hamilton property at a reduced sale offer made by the owner of $1,913,000 and to accept Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommendations regarding existing structures. (Staff's request.) Item 16G2: Substantial changes were made to this item and packets have been distributed to replace all documents in this item. The packet includes a revised executive summary and supporting documents and have been reviewed by the County Attorney's office. (Staff's request.) Withdraw Item 16G5: Recommendation to the Community Redevelopment Agency to approve Change Order No.1 to Contract No. 08-5073 with RWA, Inc., for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment sufficient appropriation to fund a Public Realm Plan in the Scope of Services. (Staff's request) Withdraw Item 16G6: Recommendation to the Board of County Commissioners to approve Change Order No.1 to Contract No. 08-5073 with RWA, Inc., for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment as sufficient appropriation to fund a Public Realm Plan in the Scope of Services. (Staffs request) Time Certain Items: Item 10E to be heard at 11:00 a.m. This item is a companion to Item 10F. Recommendation to approve an Agreement for sale and purchase with Lake Trafford Ranch LLLP, a Florida limited liability limited partnership, for 2,511.90 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33,328,400, and to name the resulting acquisition Pepper Ranch Preserve. Item 10B to be heard at 11:30 a.m. This item continued from the October 28, 2008 BCC Meeting. Recommendation to approve an amended and restated US41 Developers Consortium Developer Contribution Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (CTS) Due to the size of Exhibit 1 and 2, copies are available at the County Manager's Office. (Commissioner Fiala's request) 11/18/2008 8:49:22 AM Item 10F to be heard followinQ companion item 10E: Recommendation to award a Request for Commitment (RFC) and adopt a Resolution authorizing the issuance of a Limited General Obligation Bond (Conservation Collier Program) in an amount not exceeding $21,000,000 to finance the acquisition of environmentally sensitive land (Pepper Ranch); accepting a proposal from SunTrust Equipment Financing & Leasing Corp. to provide the County with a loan to finance the acquisition of the environmentally sensitive land; authorizing the execution of a bond to evidence such borrowing; authorizing the bond to be payable from ad valorem taxation to be levied in an amount not to exceed one-quarter of a mill on all taxable property within the County; making certain covenants and agreements with respect to the bond; delegating certain authority to the Chairman and other Officers of the County; appointing the County as paying agent and registrar for the bond; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, NOVEMBER 18, 2008, 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. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1 :00 p.m. This item continued from the October 28, 2008 BCC meeting. 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 al., Case No. 08-0066-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 101 to be heard immediatelv followinQ Item 12B at 1:00 p.m.: Recommend the Board of County Commissioners (Board) provide direction to staff concerning the use of excess turn back from the Constitutional Officers. Item 12C to be heard at 2:00 p.m. Request that the Board of County Commissioners provide direction concerning an application for a right-of-way permit submitted by Imperial Golf Estates Homeowners Association, to allow construction of an access road solely for emergency purposes, between Imperial Golf Estates and Palm River Estates subdivisions, as required by County Ordinance No. 87-55. 11/18/2008 8:49:22 AM November 18, 2008 Item #2B, #2C, #2D, #2E, & #2F OCTOBER 8, 2008 - BCC/PUD AUDIT WORKSHOP; OCTOBER 14/15,2008 - BCC/REGULAR MEETING; OCTOBER 17, 2008- VALUE ADJUSTMENT BOARD SPECIAL MAGISTRATE GERALD LAGACE; OCTOBER 17, 2008 - VALUE ADJUSTMENT BOARD SPECIAL MAGISTRATE DAVIA MAZUR; AND OCTOBER 23, 2008 - VALUE ADJUSTMENT BOARD SPECIAL MAGISTRATE SCOTT WATSON - APPROVED AS PRESENTED CHAIRMAN HENNING: Entertain a motion to approve the October 8, 2008, BCC/PUD audit workshop; and October 14th and 15th, 2008, BCC regular meeting; October 17th, 2008, Value Adjustment Board, Special Magistrate Gerald Lagace; October 17th, 2008, Value Adjustment Board Special Master David Munzar (sic); October 23rd, 2008, Value Adjustment Board Special Master Scott Watson. COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 4-0. Now we go to service awards. Page 11 November 18, 2008 Item #3A SERVICE AWARD 20- YEAR RECIPIENT - PRESENTED MR. MUDD: We have one, Commissioner, and that's an advisory committee service award. And it is indeed an honor to present to you Cherryle Thomas, and she is -- she has professionally and diligently served 20 years on the Immokalee Beautification MSTU Advisory Committee. (Applause.) COMMISSIONER HALAS: Hi, Cherryle. Let's hope it's another 20. MS. THOMAS: Oh, no. MR. MUDD: Hold on. We'll get a picture. MS. THOMAS: It's a Kodak moment. MR. MUDD: We're just trying to get Fred so he can work the camera. MR. THOMAS: Look intelligent for me. COMMISSIONER HALAS: No dinner for him tonight. MS. THOMAS: He may not be going home. CHAIRMAN HENNING: Oh, please. (Applause.) Item #4A PROCLAMATION RECOGNIZING THE GOLDEN GATE HIGH SCHOOL JROTC PROGRAM HONORING STAFF AND CADETS FOR THEIR CONTRIBUTION TO THE COMMUNITY. ACCEPTED BY PAUL GARRAH, LIEUTENANT COLONEL (RET) UNITED STATES ARMY, SENIOR ARMY JROTC INSTRUCTOR, GOLDEN GATE HIGH SCHOOL - ADOPTED Page 12 November 18, 2008 MR. MUDD: Commissioners, and that brings us to proclamations, and our first proclamation today is to recognize the Golden Gate High School Junior ROTC program honoring staff and cadets for their contribution to the community. To be accepted by Paul Garrah, Lieutenant Colonel, retired, United States Army, Senior Army Junior ROTC instructor for the Golden Gate High School, and I believe he's going to bring everybody forward for this. MR. GARRAH: I don't want to do this alone. Okay. Cadets, booster club, come on up. Yes, Charlie. Come on up front here. You want them facing this way or the other way? MR. MUDD: Face the audience. MR. GARRAH: Face the audience. MR. MUDD: Now, you all have to smile, okay? That's the first requirement. MR. GARRAH: They're not in school. You know they're smiling. Mr. Hernandez, could you come up here, too. This is our principal, Mr. Hernandez. Our booster club members as well. Okay. CHAIRMAN HENNING: Whereas, the Golden Gate High School Junior Reserve Officers Training Corps Junior ROTC was formed in 2004 when Golden Gate High School first opened; and, Whereas, this program was designed to teach high school students the value of citizenship, leadership, service to community, personal responsibility, and the sense of accomplishment while instilling in themselves team work, self-discipline; and, Whereas, in 2004 the cadets volunteered over 15,000 hours to school and local communities through events such as Relay for Life, Heart Walk, Golden Gate City canal cleanup, healthy screaming-- health screening at the local elementary and middle schools, Veterans Day activities, parades, elementary school tutoring in reading, college night, and color guard support at a variety of events and activities; Page 13 November 18, 2008 and, Whereas, this program is one of the few in Collier County with the activity -- active booster club and Junior ROTC parents volunteering over 4,000 hours since 2005; and, Whereas, the program currently has over four -- 148 cadets participating from 9th through 12th grade; and, Whereas, this program has been instrumental in our community and it has been a very big factor in keeping our young people in school; and, Whereas, First Sergeant George Harvey and Lieutenant Colonel Paul Garrah were recognized in the school year 2007/2008 as two of the 40 teachers of distinct -- distinction in Collier County out of 3,000, and being the first time Junior ROTC teachers from the same program were also recognized; and, Whereas, Sergeant George Harvey received the Golden Apple Award in school year 2007/2008 for being one of the top six teachers in Collier County; and, Whereas, the Golden Gate Junior ROTC program will be taken -- take a "we love our country" citizen visit to Washington DC in April, 2008, honoring senior cadets who have substantially contributed to school and the community as an award of their dedication and commitment with -- which is the first time that any Junior ROTC program in the county has been -- initiated such a visit at our national capitol. Now, there, be it proclaimed by the Board of Commissioners, Collier County, Florida, Golden Gate High School Junior ROTC program be recognized and honored for their continued effort and dedication to Collier County and its residents, and we wish them a continuing success in the future endeavors. Done in this 18th day of November, 2008. I make a motion we move this proclamation. COMMISSIONER FIALA: Second. Page 14 November 18, 2008 CHAIRMAN HENNING: Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Carries unanimously. (Applause.) MR. MUDD: You've got to smile. She's going to take those pictures, you've got to smile. Get a picture before you go. Hang on right there. Okay. Now, we're going to smile. You're not in school, right? Smile. Don't be too jovial, but smile. MR. GARRAH: I just want to say -- stand here just one second, folks. Very briefly, I just want to say how proud I am. I've been doing this for four-and-a-halfyears, along with George Harvey; our principal, Mr. Jose Hernandez; our adult leaders. Raise your hands, folks; yes, Ms. King; Mr. Kramer; Mr. King; and some of the best students I've ever seen in my life. I just want to say how proud I am to have them stand before you. I want to thank everybody up here for making it happen. And really, this is absolutely wonderful for our program, for our county. And one last thing. This is our future, and these folks arc doing everything possible to make our country great, and thank for your support. (Applause.) MR. GARRAH: Thank you. And they can't wait to go back to school right now. Just thought I'd mention that. They can't wait. CHAIRMAN HENNING: Thank you. Dolce, thank you again. You have a beautiful voice. MS. DOLCE: Thank you. Page 15 November 18, 2008 Item #4 B PROCLAMATION DESIGNATING DECEMBER 1 - 5, 2008 AS EMPLOYEE LEARNING WEEK. ACCEPTED BY CHARLES W. INGRAM, VICE PRESIDENT - COMMUNITY OUTREACH, ASTD SOUTHWEST FLORIDA CHAPTER - ADOPTED MR. MUDD: Commissioner, next proclamation is designating December 1 st through the 5th, 2008, as Employee Learning Week, to be accepted by Charles W. Ingram, vice-president of community outreach, ASTD Southwest Florida chapter. COMMISSIONER FIALA: It's an embarrassing position. Turn around and face the audience. Whereas, the organizations of Southwest Florida are committed to creating a highly skilled workforce that is critical to growing and sustaining a competitive advantage; and, Whereas they recognize that having a knowledgeable, skilled workforce improves the performance of these other organizations; and, Whereas, learning develops individual and organizational knowledge and expertise; and, Whereas, the American Society for Training and Development, ASTD, the world's largest association dedicated to workplace learning and performance professionals has declared December 1 st through the 5th, 2008, as Employee Learning Week, and has designated a time for organizations to recognize the strategic value of employee learning; and, Whereas, workforce development is everyone's business; and, Whereas, the ASTD Southwest Florida chapter, whose members are workplace, training, learning, and performance professionals, and the organizations of Southwest Florida have demonstrated their commitment to developing the skills of employees in the workplace. Page 16 November 18,2008 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that December 1st through the 5th, 2008, be designated as Employee Learning Week. Done and ordered this 18th day of November, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. Mr. Chairman, I make a motion to approve. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to move the proclamation, second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. (Applause.) MR. INGRAM: May I? CHAIRMAN HENNING: Sure. MR. INGRAM: Thank you very much. And on behalf of the American Society of Training and Development, the Southwest Florida chapter, we are grateful to receive this proclamation, and we encourage you throughout the year, in addition to December 1 st through the 5th, to remember us, especially in these times, how important it is to train and develop the people for the sake of the organizations for whom they work and the community in which they toil. Thank you. (Applause.) Page 17 November 18, 2008 Item #4C PROCLAMATION DESIGNATING NOVEMBER 23RD THROUGH THE 29TH AS FARM-CITY WEEK. ACCEPTED BY BART ZINO AND CYNDEE WOOLLEY, CO-CHAIRS OF THE F ARM CITY BBQ - ADOPTED MR. MUDD: Commissioners, our next proclamation is designating November 23rd through the 29th as Farm City Week, to be accepted by Bart Zino and Cyndee Wooley, co-chairs of City Farm Week. COMMISSIONER COLETTA: Fellow Commissioners, this is quite an event that happens every year, and I know that in past years I've seen every one of you there almost continuously for many, many years. This year I'm proposing that when we go to the Farm City barbecue, that if our aides have their work current, that we take them with us and that we pick up the bill and bring them along too so that they can interact with the same people that we have been interacting with for a long time. Whereas, November 23rd through 29th is National Farm City Week, time set aside to recognize and honor the contributions of the county's agriculturalists and to strengthen the bond between urban and rural citizens; and, Whereas, in Collier County, the high point of Farm City Week is the annual Farm City barbecue presented by the Greater Naples Chamber of Commerce and local business and agricultural leaders; and, Whereas, agriculture is an important element to Collier County economy, with total economic activity of over 200 million annually; and, Whereas, 22 percent of Collier County is utilized for agriculture, Page 18 November 18, 2008 providing vital economical benefits, including habitat for wildlife and recharged areas for our aquifers; and, Whereas, the Board of County Commissioners supports local agriculture through programs including cooperation with the University of Florida Extension Service; and, Whereas, 2008 marks 53 years of the National Farm City partnership; and, Whereas, we encourage all citizens to pause to recognize the contributions of our local farmers and ranchers to our economy, our food supply, and society. Therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county's agriculturalists and that November 23rd through 29th be designated as Farm City Week. Done and ordered this, the 18th day of November, 2008, signed by our chair, Tom Henning. I make a motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to move the proclamation, also for Commissioner Coletta to pay for our aides' luncheon at the barbecue, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Thank you Commissioner Coletta. (Applause.) Page 19 November 18, 2008 CHAIRMAN HENNING: You want to say a few words? MR. ZINO: I was going to say a few words, then Bob. Good morning, and thank you, Commissioners. On behalf of the Farm City barbecue committee, it's a pleasure being back here before you again. It's been a pleasure and a privilege to serve and co-chair the committee with Cyndee for the past three years. We've certainly seen our share of challenges and changes over the years, this year being no exception. In fact, between the urban community, the city community getting a little tight with the sponsorships and the agricultural community just having it tight overall, it's going to be a big challenge, but I think our biggest challenge this year is beating last year's record. As you know, we were there serving. We put out almost 1,200 lunches in about a two-and-a-half-hour period last year, raising almost $24,000 for the kids of 4H, from one little two-and-a-half-hour event. I think that's our greatest challenge this year. I don't know how we're going to beat that; however, with everybody's participation and encouragement, and especially now that staff is invited on Commissioner Coletta's dime -- I do appreciate it. I hate to break it to you, the price went up a little this year, Commissioner. But I appreciate and thank you for the recognition and hope to continue this for a very long time. Thank you. (Applause.) UNIDENTIFIED SPEAKER: On behalf of Nobles Collier farm operation and the farm community out in Collier County, Eastern Collier, I'd like to thank you for the recognition, and please, everyone Jom us. (Applause.) Item #4 D PROCLAMATION DESIGNATING NOVEMBER, 2008 AS Page 20 November 18, 2008 AMERICAN DIABETES MONTH. ACCEPTED BY IRENE WILLIAMS, CHAIRMAN OF THE BLACK AFFAIRS ADVISORY BOARD AND VARIOUS MEMBERS OF THE BOARD AND HEALTH CARE COMMUNITY - ADOPTED MR. MUDD: Commissioner, next proclamation is designating November, 2008, as American Diabetes Month. To be accepted by Irene Williams, chairman of the Black Affairs Advisory Board and various members of her board, and the healthcare community. COMMISSIONER HALAS: Please all step up here. And I'm one of these recipients of diabetes also, which 1 discovered about five years ago. Whereas, diabetes is an incurrable and debilitating disease that strikes without warning or reason and affects more than 23 million children, adults in America, of which 3.7 million are African American; and, Whereas, another 57 million Americas have prediabetes, a condition that puts them at high risk of developing Type 2 Diabetes; and, Whereas, Type 1 Diabetes is one of the most common chronic diseases to affect children of all ages, even toddlers and babies, while Type 2 Diabetes, once thought to be a disease affecting only adults, is increasingly vast among children and adolescents; and, Whereas, the economic cost of diabetes and diabetes-related complications to the United States has been estimated at about 174 billion annually; and, Whereas, each year 3.8 million deaths worldwide are linked directly to diabetes-related causes; and, Whereas, between 25 and 50 percent of the people with diabetes do not know that they have the disease; and, Whereas, millions of people with diabetes lack the access to care, treatment, and education that is needed to manage the disease and Page 21 November 18,2008 prevent its serious, costly complications, including heart disease, stroke, kidney failure, blindness, and lower limb amputation; and, Whereas, an increase in community awareness of risk factors, symptoms related to diabetes can improve the likelihood that people with diabetes receive the attention they need before developing the disease and its devastating complications; and, Whereas, the International Diabetes Federation and the World Health Organization have observed World Diabetes Day since 1991; and, Whereas, the United Nations General Assembly has designated the current World Diabetes Day, November 14th, as the official United Nations World Health Day; and, Whereas, the United Nations encourages the fight against this global diabetes epidemic by encouraging access to diabetes care, treatment, and education. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of November, 2008, be designated as American Diabetes Month and call upon the people of Collier County to combat this disease and its life-threatening complications by familiarizing themselves with diabetes warning signs, making healthy lifestyle choices, and by accessing the best quality of care that Collier County provides for its citizens with diabetes. Done and ordered this 18th day of November, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chair. And Chairman, I move that we accept this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Halas makes a motion to move the proclamation, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye.v Page 22 November 18, 2008 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Congratulations. (Applause.) MS. FILSON: You've got the proclamation upside down. There you go. MS. WILLIAMS: Good morning. I want to thank the commissioners for allowing us to come and bring to you something about diabetes, letting you know how important it is and how it affects all the communities, but especially the black communities because we sometimes don't realize that we have it, and it's devastating if we don't get treated. It's a deadly disease. And Laverne Franklin's going to bring forth to you some of the things that happened to black constituents, and this is what the Black Advisory Board want to help to do with this community to bring them aware of what we can do to help them. Thank you. CHAIRMAN HENNING: And your name for the record, please. MS. WILLIAMS: Irene Williams. CHAIRMAN HENNING: Thank you. MS. FRANKLIN: Good morning. My name is Laverne Franklin. On a personal note, it happens to every member of my family except me so far. And diabetes is a very deadly disease, as we all know, and a lot of us sitting here have it, but it can be rectified if we change our lifestyle habits. And this is why we're bringing it to your attention and hopefully throughout the community at large, because we can really put a handle on it and help ourselves by what we eat and what we do, what we think about food and activities. And we encourage all of our citizens here to get up and walk, get up and get involved and exercise. We need to, as a community, come Page 23 November 18, 2008 together, because it affects all of us. Not only African Americans, but all of us. And we really appreciate you recognizing this as Diabetes Month. So thank you very much, and I wish you a very happy holidays, too. CHAIRMAN HENNING: Thank you. (Applause.) Item #4 E PROCLAMATION RECOGNIZING CHIEF BOB SCHANK FOR HIS LIFETIME CAREER OF SERVING COLLIER COUNTY. ACCEPTED BY CHIEF BOB SCHANK - ADOPTED MR. MUDD: The next proclamation is recognizing Chief Bob Schank for his lifetime career of serving Collier County. To be accepted by Chief Bob Schank. (Applause.) COMMISSIONER FIALA: And it's my privilege and honor to be reading this proclamation to my longtime friend Bob Schank who has led the East Naples Fire Department, an outstanding fire department, who has just protected all of us and who's such a joy to work with, and so I feel really honored to be able to read this. Whereas, Fire Chief Bob Schank has diligently served the residents of East Naples for 30 years, having joined the East Naples Fire Department as a firefighter in 1978 and was transferred to the Fire Prevention Bureau in 1981 where he was later promoted to serve as the district's first fire marshal in 1982 before rising through the ranks as a lieutenant, captain, assistant chief of the Fire Prevention Bureau, and assistant chief of operations until he was named acting chief in November, 1992, and permanent fire chief in July, 1993, with his last day in office scheduled to be December 3rd; and, Page 24 November 18, 2008 Whereas, under Chief Schank's leadership, the fire district grew from two stations with 15 employees to five stations with more than a hundred employees and several divisions whose mission statement is to provide highly trained professionals well equipped to respond effectively to the education, prevention, and emergency response needs of the community, given the resources provided; and, Whereas, the East Naples Fire Control and Rescue District was the first fire district in Collier County to roll back the ad valorem tax millage rate in compliance with tax reform legislation; and, Whereas, Chief Schank remains active in several civil groups, including the East Naples Kiwanis Club and the East Naples Civic Association, where he was past president and has been a long-time supporter of Lely High School from where his four children graduated, volunteering countless hours over the years in various activities at Lely home football games; and, Whereas, Chief Schank is a dedicated and devoted family man and has always considered East Naples Fire Department employees, as well as the citizens of East Naples, as part of his family; and, Whereas, Chief Schank's style of leading with concern and compassion will be missed by those that had the honor and privilege of working for him. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Chief Bob Schank be recognized for his long-time career of serving Collier County. We thank you endlessly and wish you well in your retirement. Done and ordered this 18th day of November, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. And Mr. Chairman, I'd like to make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to move the proclamation, and an honorable proclamation, second by Page 25 November 18,2008 Commissioner Coletta (sic). All in favor of the motion, signify by saying 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 COLETTA: You need a bigger proclamation. COMMISSIONER FIALA: What do you think if we get some of his fellow employees up here? All the East Naples fire guys, and you too, Tom. Come on up. Come on. CHAIRMAN HENNING: The fire commissioners. COMMISSIONER FIALA: Fire commissioners up, firemen. COMMISSIONER COLETTA: Family. COMMISSIONER FIALA: Family. This will make a nice picture. MR. POTTEIGER: Get up here. CHAIRMAN HENNING: Stand up, Bob. (Applause.) CHIEF SCHANK: And all I wanted to do was address the board one last time. And, Leo, you did it again, buddy. Thank you all very much. You know, when I think back 27,26 years ago, the first board I addressed here was John Pister, Cliff Wentzle (phonetic), Russ Weymer, Tom Archer, and Doc Brown. And the issue had to do with the fire alarm here in the county building. And I made two friends out of that board, Doc Brown and John Pister are my friends. But all the other boards through the years, and not naming them all -- I probably could if! had to -- I became friends with all of the Page 26 November 18, 2008 commissioners, and I had a close relationship with all of them. And there were some people that made challenges for those boards, people like Janet and Duke Vasey from North Naples, Earl Marlin from East Naples, Fred Thomas from Immokalee. Who can forget George Keller from Golden Gate and Fay Biles from Marco Island? And two people, they're very close to me, Gill and Fran Erlich, but some say that they're my parents. I love them both very deeply. And one thing they all had in common -- well, mostly all of them, they were all members of TAG. You remember TAG, the Taxpayers' Action Group, of which I became a member. But they were great people, and they exercised their rights to be heard in government. And for that, we appreciate all that. I'd like to thank some of your other staff members that have been very close to me over the years. People like Jeff Page from EMS, and all it took was a phone call. And Jeff and I worked out more issues by talking instead of emailing and text-messaging like we do today, and we did very well. And who can forget the battles with Diane Flagg and George Agillero and Bob Schank? They were -- I'm happy to say I went to lunch with Diane two months ago and we had a great lunch. And I'm happy to say both of those are my friends. And what you had there was just a passion of two departments battling it out, and that was passion. And they're both my friends today. I'd like to say a few words about some of your other people like in emergency management. Ken Pineau was my hurricane man. Love Ken Pineau. Whatever he said went. And then Dan Summers came along, and his soft and calming voice in that EOC was so well-appreciated by anyone who worked in there. I know he's not here today, but Dan, thank you very much. One other person who I miss very deeply is Gary Arnold. Gary Arnold was a hand radio expert, loved and had such passion for the Page 27 November 18, 2008 command post. I wish he would have lived to see that day, the new command post. I went to -- had the opportunity to go Homestead, Florida with Gary. He asked me if I would stay in the command post with him. While the 30 other firefighters went into school, I stayed with Gary. And only his wife would know that I wouldn't have gotten much sleep because that man was able to snore. He could snore. But I miss Gary very deeply. And then the county managers. I think I went through six of them. Bill Norman, John Lusk, Neil Dorrill, Mr. Fernandez, and Tom Olliff, and then Jim Mudd. And in between all those guys was one man that really kind of is my connection. If anybody asked me how I did -- how I survived with county government and succeeded, it was through Tom -- Tom Olliff -- Leo Ochs. Leo Ochs was my-- definitely my closest friend in government. And, again, all it took was a phone call and -- both ways. Ifhe needed help, I would help him, and he certainly has helped me over the years. And I can't thank you enough, Leo. And Jim Mudd. The chiefs can remember the first meeting we had. And I might get this wrong, but he's not our friend, he doesn't want to be our friend, and he's not trying to be our friend, something of that nature. Well, I knew that was a challenge for me because I like to be friends with everybody. And he is my friend, and I know I'm his friend because one day he said, hey, you need a pair of shoes? I said, yeah, I'll take them. You know, the county manager asked me if I needed shoes. Well, he took me downstairs and he gave me a pair of shoes, of which I said I'd wear today, but I wore them out. I wore them for two years and they're worn out. So I know he's my friend. And, you know, the county commission, when I look at you, I remember -- if I don't remember anything, I know when this board took office there was quite a bit of dissension. There was -- honesty Page 28 November 18, 2008 and trust went out the window. Integrity was shot, and somehow you all prevailed and became great servants to our community. Commissioner Halas, I got to say, you were the first commissioner to ever apologize to me publicly in a meeting, and I needed to apologize to you because I was out of hand. But thank you very much for being so -- such a kind person. Commissioner Henning, I remember when you were running for office, there was some buzz words around, can a person with a mechanic shop, or something of that nature, become a county commissioner? Well, you rose far above that expectation. You're a great, great individual -- CHAIRMAN HENNING: Thank you. CHIEF SCHANK: -- and I thank you for that. And I had the opportunity to meet your father one day at county fair, and he was so proud of you. And I know how that could be for a father, a son to be proud, and he was very proud of you. Commissioner Coletta, I learned about your popularity real quick from all my friends in lmmokalee, Corkscrew, and the Estates area, and Ochopee, you're a well-liked individual, and I commend you for that. COMMISSIONER COLETTA: Thank you. CHIEF SCHANK: And whenever I tried to say something, boy, I was straightened out real quick about Jim Coletta. So you -- I tip my hat to you. And Commissioner Fiala, you know, Earl Marlin once said that East Naples should be a city -- become a city one day and you'd be the mayor. Well, we didn't become a city, but you did become a county commissioner, and a good one at that. And I know all the emails that you got in the beginning of your journey here weren't all good ones. They were -- some of them were even threatening. But, again, the board prevailed. And I think I can say, honestly, that this is the best board I've seen in 30 years. Page 29 November 18, 2008 I won't say goodbye. I'll just say, see you later. But before I even do that, I want to thank a few individuals from my department. Thomas G. Cannon. He's working on his 25th year as a fire commissioner, which is unheard of. But he's done it, and he will continue to do it. My assistant chief. I couldn't have had a better assistant than this one right here, Rob Potteiger. Actually his name is Karl, though people don't know him. They know him as Pot. But he would take care of the business back at the station and I would do the politicking. And another very close friend was my right-hand lady, Mary Friday. She was very loyal and a good, good servant, and I would like to thank those three in particular, and the rest of my board that are here today for supporting me and all the fire chiefs. So I won't say goodbye. I'll just say, see you guys around. Thank you very much. (Applause.) CHAIRMAN HENNING: Commissioner Fiala, if you don't mind, I know that Chief Schank is East Naples fire chief, your fire chief, but also Commissioner Coletta's and 1. And I felt, you know, very honored to have the opportunity to sit down with him. I can tell you and I can tell the employees of East Naples Fire Department, this man led by integrity, and you could see that in the continuing leadership in the East Naples Fire District, the integrity and Chief Schank has been rubbed off to his employees, and that's something that you have to be proud of. COMMISSIONER FIALA: Thank you. That was so nice. We're so proud of him. Brought tears to my eyes. Item #5A RECOGNIZING HARIS DOMOND, TECHNICIAN, TRAFFIC OPERATIONS DEPARTMENT, AS EMPLOYEE OF THE Page 30 November 18, 2008 MONTH FOR OCTOBER 2008 - COUNTY ATTORNEY NOTICE OF A CLOSED ATTORNEY -CLIENT SESSION THAT WILL BE HELD IN THE COMMISSION CONFERENCE ROOM AT A TIME CERTAIN OF 12:00 NOON AT THE DECEMBER 2,2008 BCC MEETING; COMMISSIONER FIALA STATED THAT SHE WOULD VOLUNTEER TO ATTEND THE AUDITOR'S REVIEW AND FOR HER ASSIST ANT TO CLEAR HER CALENDAR AND COUNTY MANAGER TO CONTACT THE CLERK MR. MUDD: Commissioner, that brings us to presentations. And the first presentation is a recommendation to recognize Haris Domond, technician, traffic operations division, as Employee of the Month for October, 2008. (Applause.) MR. MUDD: As an employee of the county since 2003, Haris has been instrumental as a team member in coordinating and carrying out a wide variety of critical projects related to the traffic management center. Haris exemplifies the ideal employee that everyone would be happy to have on their team. His curiosity and desire to understand new technologies make him an invaluable part of the traffic operations family as a whole and the traffic management center team in particular. He took the initiative to learn to operate a range of new technologies, such as the networking equipment, traffic cameras, and video equipment in the center. Due to his knowledge of these devices, Haris is considered the in-house expert, and as such, often sacrifices his personal time to ensure that everything is running properly. Haris is always proud to share his knowledge with others for the benefit of the department and the community. He is the first to volunteer for any task and always goes the extra mile. He shares his Page 31 November 18, 2008 skills with others and often refuses to accept credit or accolades for his hard work. Haris is truly deserving of this award. Ladies and gentlemen, Commissioners, I want to present to you Haris Domond, technician, traffic operations department, Employee of the Month for October, 2008. (Applause.) COMMISSIONER FIALA: Not to mention your great smile. COMMISSIONER COLETTA: You're a popular person. CHAIRMAN HENNING: On behalf of the Board of Commissioners, I'd like to give you a plaque for your office. And you are married, right? MR. DOMOND: Yes. CHAIRMAN HENNING: This goes to your wife, a gift for your wife, and a letter on behalf of me. Also, in your duties, just keep in mind, one thing that you do well, keep it green. COMMISSIONER HALAS: I see you got your fan club here. MR. DOMOND: Yes, I do. (Applause.) MR. MUDD: Thank you. CHAIRMAN HENNING: Haris watches out for me all the time. He knows what vehicles that I drive, even my wife, so I can't even take hers to make sure that government is not watching me. But we always have fun with that. Item #5B THE BOARD OF COUNTY COMMISSIONERS IS PLEASED TO PRESENT MEDITERRA GOLF COURSE OPERATIONS THE WASTE REDUCTION AWARDS PROGRAM, THE WRAP AWARD, FOR CONTRIBUTING TO THE GREATER GOOD OF ALL OF COLLIER COUNTY BY BEING A GREEN COMPANY, THEREBY HELPING TO PROLONG THE USABLE LIFE OF Page 32 November 18, 2008 THE COLLIER COUNTY LANDFILL - PRESENTED MR. MUDD: The next presentation, the Board of County Commissioners is pleased to present the Mediterra Golf Course Operations the Waste Reductions Award program, the WRAP Award, for continuing -- for contributing to the greater good of all of Collier County by being a green company thereby helping to prolong the usable life of the Collier County Landfill. CHAIRMAN HENNING: Please stand up here. The mandatory nonrecycling ordinance adopted by the Board of Commissioners in July 27th, 2004, established a Waste Reduction Award program, the WRAP Award, recognizing businesses and institutes enhancing and innovation recycling programs. The Board of Commissioners is pleased to recognize Mediterra Golf Course Operations for their contribution and the greater good of all of Collier County by being a green company, thereby helping out and prolonging the usable life of the Collier County Landfill. Mediterra Golf Course Operations has adopted ecofriendly business practices, such as, wastewater from cleaning the lawnmowers is collected and treated on site in a clean system; horticultural clippings and waste are recycled; golfers' and employees' plastic, aluminum cans and glass beverage containers are recycled; obsolete and used containers of oil, paints, pesticides, fertilizer, all fluoresce bulbs are properly disposed of with a private recycling firm; the used oil, tires, batteries and clean -- and cleaned rags are recycled. Mediterra Golf Course Operations awards their employees with gift cards to promote the stewardship of the environmental (sic) and demonstrates to the employees the benefit of recycling and helps sustain recycling efforts. The WRAP Award program includes a certificate, a plaque, the use of the WRAP logo, and spaces on Collier County Government dot net recycling web site to showcase their waste reduction and recycling Page 33 November 18, 2008 program. Therefore, the solid waste management department and the Board of Commissioners congratulate Michael Seabrook, general manager; Scott Wollar (phonetic), director of the employee (sic) of Mediterra Golf Course Operations for their outstanding programs and continuing efforts to promote waste reduction and recycling. Their leadership as a green company is a positive example to others and will have significant effects on the sustainable, usable life of Collier County Landfill and the environment. So with that, I would like to award Mediterra Golf Course a plaque -- actually, here's a plaque. And congratulations for your-- (Applause.) CHAIRMAN HENNING: Congratulations. Good job. MR. SEABROOK: Thank you. I just wanted to take a moment to say how great it is to work for a company that embraces environmental stewardship as one of its pillars. And I can tell you, none of that would happen as far as making this award happen if it wasn't for the folks that are over there. And I could tell you stories about the things that they do to ensure that things are recycled, but Vicky Aguiera (phonetic), Raul Lamon (phonetic), and Carlos Watkins, thank you for all you do for the club of Mediterra and the difference that you make. I want to thank our director of golf course operations, Scott Wollar who, unfortunately, couldn't be here today. But I know ifhe was standing here he would say -- he would thank Claudia Lamsen for all that she has done to ensure that this recognition was brought to the club of Mediterra. So thank you, Claudia. Finally, I just want to say how proud I am that the things that we're doing at the club of Mediterra is making a difference in the community. So thank you very much. Item #5C Page 34 November 18, 2008 PRESENTATION BY MS. MARTA ALFONSO, CPA, RACHLIN LLP ACCOUNTANTS, REGARDING THE STATUS OF THE BOARD AUTHORIZED AUDIT OF FINANCIAL RECORDS CONCERNING INTEREST INCOME - PRESENTED MR. MUDD: Commissioners, that brings us to our next presentation, and that's by Ms. Marta Alfonso, CPA, Rachlin LLP Accountants, regarding the status of the board-authorized audit of financial records concerning board interest income. MS. ALFONSO: Good morning. Thank you very much for giving me the time to update you on the status of the forensic audit. I'm here to discuss with you the challenges that I'm having in obtaining unfettered access to documents and information from the clerk's office. I have gone once in September and again in November 6th to attempt to get and collect both documents and information on a normal basis to be able to conduct a forensic audit. A forensic audit general uses techniques that involve confirmation of information, observation, examination of supporting documents, and inquiry. Up until this time, the majority of the documents that I have examined have been ones involving years prior to the 2007 to 2008 audit in question. And that information is important and relevant to me because to the extent that I'm looking for patterns of what I'll call conduct, I'm able to go back to prior years and see this information. Without having access to people there to ask contemporaneous questions, it makes it very, very difficult to be able to conduct, A, an efficient audit and, B, to obtain corroboration from individuals that are knowledgeable about the documents. So I returned in November because we had not received the documents that we were asked to identify and be contacted again for copying, and when I agreed to come back, I agreed to come back to Page 35 November 18,2008 try to see if I could do the examination on site so that I could save the county time and money so that we could at least get through the documents and not have to copy as many as we had to do the first time. Unfortunately, when I got there, I was told that I would have an observer in the room with me conducting the forensic audit. And that, to me, is unacceptable, and it's unacceptable for various purposes. Number one, I had -- I had brought two team members with me. It would not permit me to actually comment with my team members as to what I'm seeing and identify issues we may have to discuss with them further. Part of the way you conduct one of these examinations is you take a look at the documents and you formulate a set of questions or you work collaboratively with people to combine the requests for information, and then you have an opportunity to speak to people. Well, we were going to have somebody supervising me in the room. The first time it was a lawyer. The second time it was going to be a lawyer, and when I refused that, they came -- they called me on the way out the door and they said, well, we'll put somebody else in the room. And, quite frankly, if the clerk was concerned about my taking records from the office, I offered to have my books and my computers examined on the way out the door, because I'm not going to take records from your office without your consent. But I refuse to be able to conduct -- I can't do my work. I can't issue an opinion if I don't have the ability to work in an office without supervision and to have the ability to conduct interviews, verbal interviews. Again, verbal interviews are vital because I don't want to have them know what my questions are ahead of time. And to date, the only way that I'm allowed to ask questions is in writing, and that's similar to an interrogatory that would be involved in litigation. I'm not here to do litigation. I have no ax to grind with anybody, Page 36 November 18,2008 but I have a certain set of standards I have to follow in what you've asked me to do, and all I'm coming to do is to, please, help me get the job that you asked me to get done. CHAIRMAN HENNING: Questions by the board? Commissioner Halas, then Commissioner Coletta, and then I have a question, few questions. COMMISSIONER HALAS: So are you telling me that the clerk knows that the Board of County Commissioners wants an audit of his office and are you telling me that he will not cooperate -- excuse me -- cooperate with you in any way in regards to the necessary information that's needed to conduct an audit? MS. ALFONSO: No, Commissioner. What he has provided so far is a supervised environment to be able to conduct an examination which, from a forensic standpoint, is not appropriate. And secondly, when -- the first time I got there, I was not given the opportunity to conduct my examination on site. What I was given was an opportunity to clip papers in a room with seven boxes. It took myself for one day and my staff, two staff, for five days to go through and identify relevant documents. Since I've had nobody to talk to, okay, in the clerk's office, which is unusual-- but in an attempt to get started, we paper-clipped a lot of documents. And, again, that's in an abundance of precaution because the scope of what you're asking me to do touches not only your particular accounts, but it's as it relates to everybody else's accounts as well. So the net had to be drawn a little bit wider than I would have because I'm not sure what documents will be relevant. Even that being said, I still believe that it is completely appropriate -- and I brought, so that you know, the American Institute of Certified Public Accountants Standards with me that I could quote you, which I won't put you to sleep with, but what it tells you is you should absolutely have the ability to interview people when you're doing a forensic examination. Page 37 November 18, 2008 And quite frankly, you can't really do it without it. So, you know, I believe the clerk would tell you, well, I've made papers available. And the issue is, number one, available. And number two, you can ask questions of the staff but, again, I don't want to ask them in writing. I want to get their reaction right when I'm there, and that's all I want. And I have no predisposition to conclusions. I just want to do my work. COMMISSIONER HALAS: Well, number one is, this should be very open. You should have the ability to ask anyone that's in that office in regards to information, and you shouldn't be badgered. And I feel that this has gone way too far, and I think that you have an obligation to us as a Board of County Commissioners to get that audit completed in a timeful (sic) manner. And obviously you're being restricted, and I've got some real serious concerns about that. MS. ALFONSO: Well, Commissioner, just to tell you, we look at three general areas when we're doing a forensic audit. Again, we don't walk in the door assuming anything other than what are the facts. But there's an area of forensic auditing that always looks at the attitude and the approach that people take with you as an indicator of concern, and that's what -- the way I'll leave it is as a concern. And for me, if this is supposed to be public information, open kimono, the entire process is, there's documents there for me to read and there's public servants I can talk to. When I'm not able to do that in an open, collaborative way -- I wasn't going in accusing anybody of anything. I'm just trying to find out what the documents mean. CHAIRMAN HENNING: Are you complete? COMMISSIONER HALAS: Yeah. I might have questions later. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Help me out a little bit. Normal protocol, have you been through audits like this before? MS. ALFONSO: Oh, yes, sir. Page 38 November 18, 2008 COMMISSIONER COLETTA: Have you ever run into a situation like this? MS. ALFONSO: Yes. And what I'm doing now is what I've done before, or I've gone to court if I've needed to. COMMISSIONER COLETTA: Well, was this with a constitutional officer you ran into this problem before? MS. ALFONSO: Not a constitutional officer, no, but in other forensic examinations. COMMISSIONER COLETTA: Okay. Is the law on our side in this particular thing? MS. ALFONSO: I can't opine. Even though I -- so that you know, I am a lawyer and I do have my bar license in Florida. I don't practice and I'm not representing you as one, so I would ask you to refer to your counsel. Your counsel had told me that I -- the things that I'm doing, I'm always consulting with your counsel ahead of time. COMMISSIONER COLETTA: Jeff, could you help us with this a little bit? This is extremely disturbing, and I really think we should have the clerk come over here immediately to address this. Where are we as far as the legality of that? MR. KLATZKOW: You have asked for an audit, and the clerk has, from what I'm hearing, not fully cooperated. That's where we are with this. At the conclusion of this, based on what I hear, I may ask for a shade session so we can discuss this in private because this will impact litigation costs, and I'd really rather not discuss my opinions in a public forum. COMMISSIONER COLETTA: Okay. MR. KLATZKOW: I prefer to do it in private. COMMISSIONER COLETTA: Then 1'11 say nothing more until we have that session. CHAIRMAN HENNING: So you inspected more than theo Page 39 November 18, 2008 '07/'08? MS. ALFONSO: Yes, I did. And the reason for that was -- I'm sorry . CHAIRMAN HENNING: Hang on. I have questions, and if we could just focus on those questions, I would appreciate it. MS. ALFONSO: Sure. CHAIRMAN HENNING: You know, the contract was for you to inspect the records for the interest of October 1, 2007, through October 31,2008. MS. ALFONSO: Correct. CHAIRMAN HENNING: Okay. So you're going beyond the scope of the contract? MS. ALFONSO: As discussed with your counsel. CHAIRMAN HENNING: Okay. Do you recognize this is a public record you're asking to inspect? MS. ALFONSO: Yes. CHAIRMAN HENNING: Do you realize that it is up to an elected official to protect the public record? MS. ALFONSO: Absolutely. CHAIRMAN HENNING: The integrity of the public record? MS. ALFONSO: Absolutely. CHAIRMAN HENNING: And you -- so you still have a problem with somebody being in the room to make sure that the public record is protected for its integrity? MS. ALFONSO: Well, quite frankly, if you believe that I would be an individual that would actually intentionally change your public records, then you shouldn't use me as the auditor. CHAIRMAN HENNING: I didn't say that, did I? MS. ASHTON: Well, no, but I'm just suggesting to you that I would never do anything like that, nor would my firm. CHAIRMAN HENNING: Okay. But I didn't say that. I mean, I would hope that our staff would make sure that the official public Page 40 November 18, 2008 record integrity is always there, so -- but I didn't say that you were going to steal anything, did I? MS. ALFONSO: No. I wasn't suggesting. I was suggesting more that I would never change any documents. In fact, if they were concerned about us having pens in the room, I won't have a pen in the room, if that's their concern. CHAIRMAN HENNING: You're aware that we're in litigation with the Clerk of Court for -- about the interest money? MS. ALFONSO: Yes, I am. CHAIRMAN HENNING: And that's what you were in charge -- contracted to inspect; is that correct? MS. ALFONSO: Yes. CHAIRMAN HENNING: Okay. Now, did you flag copies of the public record to be copied? MS. ALFONSO: This time around as the second time, I did not. CHAIRMAN HENNING: Okay. But you did the first? MS. ALFONSO: Because that's what I was instructed to do by the clerk's office. CHAIRMAN HENNING: You wanted a copy of those; is that correct? MS. ALFONSO: I had no other way to get the documents to be able to look at them unless I asked for a copy at that time. CHAIRMAN HENNING: Okay. So that's what we are charged for, I'm assuming. I think there's a $16,000 bill for those copies? MS. ALFONSO: That's my understanding. CHAIRMAN HENNING: Okay. Well, Commissioner -- I want to go to Commissioner Fiala, but Commissioner Coletta had asked for the clerk to be here. The deputy clerk is here. I think it's worthy of hearing. COMMISSIONER COLETTA: By our county attorney's suggestion, I think before we have that discussion with the deputy clerk, we ought to have a closed session. Page 41 November 18, 2008 CHAIRMAN HENNING: Okay. Well, I want to hear from the deputy clerk because there's always two sides to the story. And, you know, I appreciate some of the things that were said, but I think it's over the scope that we dealt with in the contract, and I think that we need to deal with that. COMMISSIONER COLETTA: I make a motion that we go into closed section. COMMISSIONER HALAS: I second that. CHAIRMAN HENNING: We're going into closed session when? COMMISSIONER COLETTA: County Attorney? MR. KLATZKOW: That's not really how it works. I mean, at the end of this I'll -- I can make an announcement that I'll be seeking a closed session at the next BCC. But, you know, if -- if you want to listen to the deputy clerk now, you can do that or not do that. It's up to you. CHAIRMAN HENNING: Right. I do, but I first want to go to Commissioner Fiala. COMMISSIONER FIALA: Yeah. I'm -- because of litigation, I'm fearful of saying too, too much of anything or asking too, too much. I would like to hear the deputy clerk, too, before we go into closed session. But I often think, what would happen if the tables were turned and we were asking for this information -- or they were asking for this information and we weren't forthcoming with it? My goodness we would be plastered all over the front page of the newspaper as not being cooperative, not trying to help, hiding things and so forth. I don't understand. COMMISSIONER COLETTA: That's what they make crosses for. COMMISSIONER FIALA: That's all I'll say at this point. MS. ALFONSO: Can I just make one parting comment; would that be okay? Page 42 November 18, 2008 CHAIRMAN HENNING: Sure. MS. ALFONSO: Let me just go back and state, I am not asking anybody to draw any conclusions here on this matter because we don't have the forensic evidence yet to do so. All I'm seeking merely today is to have the ability to be able to look at the papers in his offices. He can inspect our books on the way out. I don't have to have a pencil if that's the concern. And I would like the right to be able to give him a list of people to interview and to be allowed to do that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Obviously this has made your job very difficult from your filling us in on information here. Obviously, this is not the norm, that people work with you in regards to an audit, and I feel that the citizens of Collier County need to know what's happening and what's going on. And I think I've said enough. And I think that you've done your very best to address the concerns. And anytime that we as the Board of County Commissioners have someone -- or ask someone to come in to look at some records, I don't believe that the citizens here need to be charged a dollar a copy for records that are basically public records. So I have some concerns here. Thank you. MS. ALFONSO: Thank you. CHAIRMAN HENNING: Crystal? MS. KINZEL: Yes, Commissioner. Thank you. CHAIRMAN HENNING: Tell the board a little bit about -- MS. KINZEL: Thank you, Commissioner. For the record, Crystal Kinzel, finance director with the clerk's office. First of all, let me just say that there's been an abundance of correspondence back and forth between Ms. Hubbard and our attorneys. And this is a unique situation because we are under certain areas of litigation, and so the conversation is modified according to that. But regarding the access to records, I really do need to clarify. Page 43 November 18,2008 What they were allowed to do -- we brought forth boxes and boxes of records. We went to storage. We brought in thousands of records for their review. They had access to those records. There was no stipulation that they could not sit there and do their audit work. They could have sat in the room, done the audit work, whatever they needed to do. What we asked them is, if you want a copy of a record or you want something for your work papers to take with you, flag that and we will make those copies for you. There was at no time a disregard of their ability to sit and review the record or do their fieldwork in that room. They've taken exception to someone viewing the records. I believe it's already been stated that the clerk does protect the original records. And since those were originals, we were trying to meet a time constraint; we were trying to get them the documents. They had our original records. As the board is probably aware, we're in the middle of the regular year-end audit, so Ernst & Young is over in our office right now. We probably have six auditors at any given time sitting, using different records of the clerk's office. So some of those records we need also to be working on for year end, but we provided those. We've provided everything that they have requested, and we have made thousands of copies at their request. So there may be a misunderstanding on what they were able to do in the room when they reviewed the record, and I just wanted to put that out there to clarify. CHAIRMAN HENNING: Okay. MS. ALFONSO: I'd like to respond. CHAIRMAN HENNING: You want a rebuttal? MS. ALFONSO: Oh, yes. Had I come to do an examination -- I had a lawyer sit with me the five days -- or my staff were there. We would have never allowed the lawyer to be in the room when we were conducting our examination. We were given paperclips and we were Page 44 November 18, 2008 told that if we wanted any documents, that we were to paperclip them. We were not there to do our fieldwork, and they knew that. We have not seen all the documents yet either. I recognize -- I've been an auditor. I've been a controller -- I've been the controller of the Federal Housing Administration of the country, so I'm really very familiar with how governmental audits work and what it's like to be a client and what it's like to be on the other side. And I have tried in a very collaborative manner and said to them, you know, if you've got records that you can't give us right now, no problem. I would not have minded sharing with Ernst & Young. They're my former employer. I understand how these processes go. But to tell you that I had -- I had all the information that I wanted, I have not even to this date. And number two, to tell you that I was not told to copy papers knowing that we could not do our fieldwork there is not appropriate. And, again, the correspondence between the parties will show the debates that have been going back and forth. And, again, I'm at a point that doesn't matter if you put me in this building, that building, you want to send me boxes and copy everything at one time and just send it over there, whatever works. I just need to get access to the information. That's all I want. CHAIRMAN HENNING: Okay. You know, this is -- this whole process is embarrassing, to say the least. We're supposed to be working together, and to say that an officer's not supposed to be there to make sure that the integrity of the record -- they're not supposed to be in the room, is just absolutely absurd. And going on beyond the contract -- I have very (sic) concerns about our staff, whether it be the county attorney or county manager, going beyond the board's contract. I don't want to be a part of this nonsensical process anymore. You know, this audit was all about the lawsuit between the clerk and the board, or the county, and it just doesn't make sense that we're Page 45 November 18, 2008 going to get any conclusion of this. We're spending a lot of money on both sides, and there's no conclusion. And the best way to do it is sit down, stop this -- these lawsuits, sit down and, one on one, work it out. But I think there's too much personality to do so, but I'm not going to be a part of it. It's just a waste of resources and taxpayer's money. Commissioner Coletta? COMMISSIONER COLETTA: Commissioner Henning, I heard you, but I think you're totally off base. You're leaving an awful lot out of this picture when you're presenting it. The clerk has been less than cooperative. There's been many attempts to end the lawsuits. Every time we go forward and we find in our -- we have a finding in our favor, the clerk asks for the judge to be dismissed and the court (sic) be retried all over again. The clerk is dragging this out. He's dragging his feet. It's obvious as anything. I think we're probably going to get at the point pretty soon we'll have to turn it over to the attorney general or something. I don't know what else to do with it, but it is a -- it's a -- not on the part of this commission for not trying to resolve it. There's no animosity here against the clerk's office per se. It's just the way it's being run when it comes to some of these issues. I'd like to hear from Jackie Hubbard to be able to bring this thing to some sort of understanding. Because right now we have the public listening to your little dissertation that you gave, and it makes it sound like this commission is a bully commission, and not (sic). We need to bring the rest of the history into play to show what's taken place. I mean, from all appearances, and when you look at the whole picture -- and this commission has been studying the whole picture for a long time -- the outside appearance from where I'm standing looking at it is the clerk is above the law, and I see this time and time again. CHAIRMAN HENNING: Well, you and 1-- Page 46 November 18, 2008 COMMISSIONER HALAS: Mr. Coletta, I agree with you 100 percent. CHAIRMAN HENNING: We have a difference of opinion, and there's nothing wrong with differences of opinion, correct? COMMISSIONER COLETTA: Well, it depends on where the opinion's coming from and what it's based on. That's where I have a problem, Commissioner Henning. CHAIRMAN HENNING: Well, we are a country, unlike others, and I believe in our Constitution. People have a right to speak, and I'm going to continue to do so. So that's fine. I know where the majority is. I just don't want to be a part of this process. In my opinion -- and under the Constitution it says I do have my opinion -- that it's a waste of taxpayers' money. And you feel differently, and that's fine. I don't have a problem with that. COMMISSIONER COLETTA: And I have a right to express my opinion, and my opinion's based upon the facts that are at hand that I'm looking at on a day-to-day basis. Like you, I am very, very disappointed that this thing is still dragging out, that there's millions of dollars being spent of the taxpayers' money to try to resolve what is basically a very simple issue, and the clerk will not ever let us get to the point that we're going to be able to face up to it. He's going to continue this thing off into infinity until time runs out and the world comes to an end. CHAIRMAN HENNING: Okay. Ifwe're done, we can go ahead and take a break for 10 minutes, or does anybody else -- COMMISSIONER HALAS: I'm not done. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: I'm not done. And I go along 100 percent with Commissioner Coletta, and I believe that one of the commissioners that's absent today, I'm sure that he would also be in regards to this. This is an ongoing fight we've had with the clerk since I've been on the Board of County Commissioners. And every time that Page 47 November 18,2008 we have gone to court where he has sued us, we've ended up on the right side of the law. And I've got concerns about what is happening with the money that the taxpayers in this county pay. They are the shareholders, and I want them to get to the bottom of this and find out what's really going on. COMMISSIONER COLETTA: Yeah. Now, Commissioner Henning -- and I don't mean to speak out of turn, sir, but we cannot just walk away and take a break and say that's the end of it. We have a problem here, and until we come to an understanding where this problem is and how we're going to be able to resolve it and where we're going to go forward, I'm not for leaving this dais. I want to stay here until we come to an understanding what the next step is. COMMISSIONER HALAS: I propose that the next step is what you proposed, Commissioner Coletta, and that is that we give direction to staff and the county attorney to take us into closed-door session at their convenience at maybe the next meeting or whatever so that we can discuss what our options are and what -- where we need to go in this manner so that we make sure that we represent the citizens of Collier County. We're the commissioners and we're the commISSIon. CHAIRMAN HENNING: Would you explain 286 for the board, please? MR. KLATZKOW: Well, I'm going to -- I hope I'm not speaking out of turn, but I'm just going to give notice that pursuant to 286 I will be seeking your advice in a closed attorney-client session on Tuesday, December 2nd, 2008, a time certain of 12 noon in the commissioners' conference room, third floor, this building. In addition to the board members, County Manager James Mudd, myself, and Litigation Section Chief Jacqueline Hubbard will be in attendance. We will be discussing a strategy session related to litigation expenditures in the pending litigation case of the Board of Page 48 November 18, 2008 County Commissioners versus the clerk. It's case number 07-1056-CA which is now pending in the 20th Judicial Circuit, in and for Collier County, Florida. COMMISSIONER COLETTA: Okay. Now, what do you need, a motion for that or you just -- MR. KLATZKOW: No, sir. I'm giving notice that I'm asking for the shade session and we will have it for the next meeting. COMMISSIONER COLETTA: Question oflegality, please. When we have these closed sessions and the records are more or less sealed until some point in the future when the cases are all settled, is there any prohibition upon any particular commissioner to share that information with anyone on the outside? MR. KLATZKOW: At the conclusion of this litigation, those records will be public records. COMMISSIONER COLETTA: No. Let's go back to square one. When we walk out of that meeting, is there any prohibition by law where no commissioner can share the information that took place in that meeting with any other party? MS. HUBBARD: Right. COMMISSIONER COLETTA: Is there or isn't there? MR. KLATZKOW: I don't believe you can do that, no. COMMISSIONER COLETTA: Okay. So in other words, they're not really closed sessions. They're still open. Somebody could take the information and share it with whatever (sic) they think's appropriate? That's what they call side bar. MR. KLATZKOW: Sir, these meetings are between your county attorney and the board. They are confidential. I cannot stop an individual commissioner from going outside that meeting, but that's really not the purpose of the meeting. It's an attorney-client meeting, and it should stay between the attorney and the client. It should not be brought out to other people. CHAIRMAN HENNING: Commissioner Coletta? Page 49 November 18,2008 COMMISSIONER COLETTA: Take a break. CHAIRMAN HENNING: You know, I have a question for you. Why is it that you ask that question? COMMISSIONER COLETTA: Because, the media out there, there's the clerk's office, and I want to make sure that what we have take place in that room stays to the advantage of the county and doesn't become public information. CHAIRMAN HENNING: Is there any indication that any of the commissioners or the county manager or county attorney has not respected that confidentiality? COMMISSIONER COLETTA: I wouldn't be able to say per se, but it's a question that I have every right to ask to be able to know what the limits of it are. CHAIRMAN HENNING: I figured -- COMMISSIONER COLETTA: But I'm not going to prejudice myself by saying that anyone commissioner here has taken that information out in the past and shared it with any other group of people. But the thing is, I just want to know exactly what happens in that room and how secure that information is until we have a chance to come back here and act on it as we go through the whole process. It's an honest question, Commissioner Henning. Did you have a problem with it? CHAIRMAN HENNING: I didn't have a problem with it, but I find it just odd that you would ask a question of such nature. One would lead to -- that people have been sharing information. That's the reason for my question. COMMISSIONER COLETTA: Well, we're in the process ofa lawsuit, and the lawsuit has got two opposing parties. Now, you know, where is the information coming that's leading for everything that's taking place here. I have great concerns on the integrity of our case, you think, and I want to be able to understand where everybody's Page 50 November 18, 2008 coming from and how the world's put together. And I think I got the answers now that I need to know. Do you understand, or no? CHAIRMAN HENNING: You didn't answer the question, but that's fine. You don't have to answer the question. COMMISSIONER COLETTA: I did answer the question. You just weren't listening. CHAIRMAN HENNING: How can I get you a Supreme Court case of some of these things that you're going to be discussing on closed-door session for consideration? MR. KLATZKOW: You can just hand it to me or email it to me. CHAIRMAN HENNING: Okay, all right. COMMISSIONER COLETTA: In may, Commissioner Henning, I appreciate the fact that you've got extensive legal background -- CHAIRMAN HENNING: I don't have any legal background. COMMISSIONER COLETTA: -- and I'm sure you're coming up with all this information on your own. May I ask who the source of your information is? I see your notes in front of you that's very detailed and has all sorts of legal references on it. I just -- I'm just very curious to how this whole world's put together. Do you represent the county's interest, the betterment of the county? Do you represent any particular entity out there other than the county? CHAIRMAN HENNING: Commissioner Coletta, I don't have any legal training, I don't have any law degree, I don't have a license to practice law, so let's get that straight. These are my notes. They're public record. Anybody wishing to review the public record is happy to do so. This is a copy of the Florida Statute 119, the public record law. This is a copy of a statute, 28, which is the clerk of county courts. This is a correspondence, I believe, through Jackie Hubbard, and this is an email that was provided to the board from Jackie Hubbard. Would you Page 51 November 18, 2008 like me to make a copy of those for you? COMMISSIONER COLETTA: Commissioner Henning, if I had a need for them, I would request it. I'm just very curious how you put these particular elements together. I'd like to know who your counsel is. But that's at your discretion to be able to share with us if you so choose. CHAIRMAN HENNING: My counsel is right over here, Chief Counsel Jeff Klatzkow, and you're more than welcome to talk to him. I study items on the agenda. I try to become prepared. I also have some other notes for other agenda items, and they're public record. You're more than welcome to them. But your comments are really out of line, and I hope that we can get back to doing the public's business when we come back from break. COMMISSIONER COLETTA: I thought we were doing public business, Commissioner Henning. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: We interrupted Commissioner Fiala. She wished to speak a few moments ago, and I think both of us took the wind out of her sails. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I just wish that this would have been taken out of the male hands and I could have gotten together with Crystal, and the two of us just sorted it out, shared all the information, gotten it on the table, shared with our people, and just been -- just been so open and honest rather than getting into all of this business. That's all I had to say. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I think it's time for a break. CHAIRMAN HENNING: Time for a break. Let's be back at 10:47. (A brief recess was had.) Page 52 November 18, 2008 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. During our break, I walked over to the auditor and I said, all we really want to do is get this audit completed, and we want to work in cooperation with the clerk's office. And I volunteered my time to sit in with the audit team as their witness with no one else in the room but the auditors and myself for eight hours a day, five days a week, or however long it takes, to do the audit and to interview the employees, and I will do that. I've asked my aide to work with you to cancel all of my appointments and I will be there. COMMISSIONER COLETTA: That's wonderful. That's a tremendous solution. (Applause.) CHAIRMAN HENNING: Wow. And Commissioner Fiala, I agree with that except for, there needs to be two parties to agree to that, the clerk's office -- COMMISSIONER FIALA: Well, I mentioned it -- well, I would hope that they would. I mean, why would they not? I mentioned it before they walked out, but they then walked out. They didn't confirm or deny. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: But I would assume -- you know, I'm a completely -- I don't work in the clerk's office and I don't work for the auditor. I'm the outsider. I don't even know how to do an audit, so I would be the perfect person to just sit there, I think. And so I would like to do that. And I would -- I wouldn't see why the clerk's office wouldn't accept that offer. But maybe we should have the county manager call over there to just affirm that, okay? Page 53 November 18, 2008 Item #6A PUBLIC PETITION REQUEST BY ANTONIO ALMODOVAR TO DISCUSS REFUND OF WATER AND SEWER IMPACT FEES - COMMISSIONER COLETTA REQUESTS A STAFF REPORT FROM PUBLIC UTILITIES ON THIS ITEM CHAIRMAN HENNING: Okay. The next item? MR. MUDD: Commissioner, that brings us to 6A, public petitioner -- or brings us to public petitions. 6A is a public petition request by Antonio Almodoro -- Almodovar to discuss a refund of the water and sewer impact fees. And, sir, I hope I pronounced your name correctly. MS. BEDENFRANK: Hi. My name is Mary Bedenfrank (phonetic), and I'm Mr. Antonio Almodovar's granddaughter, and I will be communicating what he wants to communicate because his English is not so good. Like I said, his name is Antonio Almodovar, and he's here to request a refund. Back in November of2005, he built a home with Kay Homes on 2030 Delate Drive in the Estates. And when they did the building permits, he was informed by Kay Homes that he was required to provide roughly around $6,000 for a water/sewer permit, that they were going to install water in the Golden Gate Estate area. It's been three years already. We're in 2008, and he has not seen anything. And he's been twice to the water department, and they told him that there's no such project going to be available. So, therefore, he wants a refund of his money. And he provided to Mr. Coletta -- and we have a copy also -- of the money that was taken out of his loan. The $6,000 he -- it's in his 30-year loan. So he wants to know, where's that money and ifhe will get a refund. Page 54 November 18, 2008 CHAIRMAN HENNING: Question by the board? Commissioner Coletta? COMMISSIONER COLETTA: So what you're saying is that he's paying interest on this money that the county's holding for a project that they'll never do? MS. BEDENFRANK: Exactly. COMMISSIONER COLETTA: Okay. I'm not too sure who to start with, but probably somebody from our utility that might be able to inform us when this so-called sewer and water line's supposed to go out to Delate Drive, of all places. I mean, talk about a wilderness. Sewer and water line; is that correct? MR. WIDES: Commissioners, for the record, Tom Wides, operations director, public utilities. Commissioner, to answer your question, is in our master plan as late as 2006, we had plans to build the northeast plant out in the -- out in the rural areas. We also had plans for our eastern facilities. Now, admittedly, in our last master plan in 2008, we retracted those plans based on the economy and the growth spurts that were starting to dissipate; however, we've asked the county attorney to give us a strong position in terms of what we need to do in the -- some of these outer areas that we could expect at some point in time to build water and sewer connections -- however, we don't know when -- to give us their opinion as to exactly what we need to do in terms of impact fee refunds. COMMISSIONER COLETTA: I didn't mean to interrupt you. You go ahead and finish. MR. WIDES: No, that's -- I can go into that when it's appropriate. COMMISSIONER COLETTA: Okay. Forgive me, but I thought this commission's been giving directions for some time about, especially the Estates area, that water and sewer was not a desired amenity that they're looking for. And even the East of 951 Study has come out opposed to the idea of water and sewer throughout that part Page 55 November 18,2008 of the rural areas. So independently of the commission, we have some decisions being made; is that true, Mr. DeLony? MR. DeLONY: For the record, Jim DeLony, public utilities administrator. No, sir. This is in the water/sewer district. This home, this area, this address, is in the water/sewer district boundaries as approved by you and the state legislature. It's -- certainly you're in the eastern part of the county, certainly it's on the other side of951, but those boundary conditions -- those boundaries were extended in 2003 at the direction of this board. And so where we are is where we've always been since then. The County Attorney's Office opined in accordance with our special act that set not even the conditions for the current district, but the previous district, that if you're in the district and you're 10-year -- in the 10-year window, you pay the impact fees. Ifwe don't get the services to you in 10 years, we refund those impact fees. COMMISSIONER COLETTA: May I continue, Chair Henning? Question. The impact fees. You still collecting them out there? MR. DeLONY: We collect them in the water/sewer district, sir. COMMISSIONER COLETTA: Okay. But this -- you're still collecting impact fees in the Delate Drive area as we speak now? MR. DeLONY: As per the special act and the ordinance that deals with our impact fee collection, yes, sir. COMMISSIONER COLETTA: Okay. Now, when is the best guess that you have that you'll be building such a plant? MR. DeLONY: Sir, right now the master plans that you approved that we updated in 2006 have it going out as late as 2018. Could be earlier. Again, we look at this every three to four years. And the context of our master plan's based on our service levels and the populations projections that are received and approved by this board. So where we are right now could very well change within the 10-year Page 56 November 18, 2008 window. The way the special act's set up is that we would receive impact fees in advance of actually providing the service, therefore making it easier to do those interconnections at the time that those services would be extended into those to-be-developed areas, and that's how that was set up and motioned by the special act, sir. COMMISSIONER COLETTA: And this impact fee that you're collecting, that's all inclusive or is there other charges when 2018 turns up and you've got this plant operating? That's when you think you'll have it operating or be building it or -- MR. DeLONY: The charges that you have essentially are for the mains and the sewer -- in the water mains and sewer mains that would be coming down the street or in the vicinity of the properties, and then the property owners would be responsible for the interconnect from that main to their property. COMMISSIONER COLETTA: Is there any other examples in the county of similar situations to what they're doing out in Delate Drive with impact fees? MR. DeLONY: Anywhere in the water/sewer district -- anywhere within water/sewer district. If you're in that district and you're developing property, you pay an impact fee for water and for sewer. COMMISSIONER COLETTA: Can you give me -- MR. DeLONY: So my example is, all over the water/sewer district on this side of 951 or on the east side of 951. COMMISSIONER COLETTA: Okay. I'm sorry. Geographically, just help me out with this. A place that is paying water and sewer impact fees that doesn't have services in place until some future date, what would those places be? MR. DeLONY: A good example would be out the East Trail, where the water/sewer district goes out the East Trail. If someone's being -- developing out there and we haven't brought the mains to Page 57 November 18,2008 them yet, they would be paying an impact fee. That's an area of the water/sewer district. The central area of west -- excuse me -- east of the Estates, the Delate Drive area is another example. And then up in the northeast where you have that area in and around -- not the Orangetree area, but around that is the third good example of areas in the water/sewer district where -- are in the to-be-condition for development. COMMISSIONER COLETTA: Okay. Now, areas around Orangetree that you just referred to, at this point in time, anyone that's building around Orangetree, even though it's still a private facility, we're charging them impact fees? MR. DeLONY: No, sir, we're not. If it's not in our service area, we do not charge them any impact fee. COMMISSIONER COLETTA: Okay. MR. DeLONY: Only within the boundaries of the water/sewer -- the existing boundaries of the water/sewer district. COMMISSIONER COLETTA: Now, isn't there something in the law that states that if within seven years, if the project doesn't take place, the money has to be refunded? MR. DeLONY: Actually, sir, it's 10 years. COMMISSIONER COLETTA: Okay. Ten years -- would have been, from three years ago, so it's still seven years out. MR. DeLONY: Yes, sir. Clock's still running on that. COMMISSIONER COLETTA: When that refund is made, is it an actual cash refund or is there interest paid on it? Because we collect interest on this money. MR. DeLONY: Sir, it's cash only. COMMISSIONER COLETTA: So then the county gets to keep the advantage of that interest? MR. DeLONY: I don't know that there's an advantage. Certainly -_ that we have the money, we use it to spend toward plant expansions or plant capacities so they'd be on line and available to these folks at Page 58 November 18, 2008 the time they would interconnect. COMMISSIONER COLETTA: Petitioner, I apologize. These are some facts that were not made available when we first talked about it. I was under the impression there was never any intentions to build out there. This does change the dynamics of it somewhat. I don't think it's fair that you're paying for something for a future service that's so far off. You really say there's other places in the county that are paying way in advance for this service? MR. DeLONY: Sir, anywhere in the water/sewer district, you pay an impact fee at the time of your -- pulling your permits, anywhere in the water/sewer district. This area's included. COMMISSIONER COLETTA: County Attorney, there's no exceptions to this? MR. KLATZKOW: No exceptions, sir. It's Florida Statute. It goes beyond our ordinances. MS. BEDENFRANK: If you allow me, he's also stating to me that he has spoken to 13 other households that have built after him, and they have not -- MR. DeLONY: And sir, then we'll take a hard look at that record and see if there's been an error made or something that was not done right, and we'll correct that record with regard to that matter. And if we could -- if he could stay after and speak to Mr. Wides directly about those, we'll certainly look at each and every one of those concerns. MS. BEDENFRANK: Okay. COMMISSIONER COLETTA: Would you give me a report back -- MR. DeLONY: Absolutely. COMMISSIONER COLETTA: -- after you find out about that, sir? MR. DeLONY: Absolutely, sir. Page 59 November 18,2008 MS. BEDENFRANK: All right. COMMISSIONER COLETTA: Thank you. MS. BEDENFRANK: Thank you. CHAIRMAN HENNING: Any other questions? I have a question. What -- in the AUIR, was the -- that eastern plant facility, was that in the -- MR. DeLONY: It was further out than 2018 for the eastern utility. I don't have that date in front of me. Tom, do you know it? MR. WIDES: I don't know exactly. MR. DeLONY: 2023,2022. But that will change. I'm sure it will change either forward or backwards based on levels of service decisions and population. You know, we -- 10 years ago would have been 1999 from where we sit today in the water/sewer district than compared to today, and that's how we will continue to adjust through AUIR and through master planning how we provide those services and when. This particular vehicle, the statute prescribes that, in advance of that, to help us with regard to those capacities, help us pay for that, the impact fees are collected in advance 10 years prior to service if possible -- if needed, rather. CHAIRMAN HENNING: But today, we've pushed out to 2023? MR. DeLONY: That's correct. CHAIRMAN HENNING: So how can we really justify keeping this man's money? MR. DeLONY: Sir, in all candor, we've moved that date three times since I've been here in the last six years based on population and service levels. Every time we relook at the plans, it's either moved forward or backwards. That's part of the process that deals with this. The statute provides us that flexibility to collect those fees. CHAIRMAN HENNING: Again, today, how can we honestly keep that money if we pushed it out to past the 10 years? 2018 is 10 years from now, and you're proposing to push it out to 2023. You Page 60 November 18,2008 know, you don't even have to answer it because I already know the answer. We really need to give this guy his money back -- MR. DeLONY: Counsel? CHAIRMAN HENNING: -- and all the other people. MR. DeLONY: Counsel? MR. KLATZKOW: It would require an amendment to the statute to legally do that. CHAIRMAN HENNING: The -- we're not going to provide any service out there for more than 10 years, 15 years, the way it's projected right now, and you say it needs a statute amendment? MR. KLATZKOW: That's what the statute provides for. CHAIRMAN HENNING: Okay. Any further questions on this item? (No response.) CHAIRMAN HENNING: We have a time certain to go to. Item #10F - Continued to later in the meeting RESOLUTION 2008-337: AWARDING A REQUEST FOR COMMITMENT (RFC) AND ADOPTING THIS RESOLUTION AUTHORIZING THE ISSUANCE OF A LIMITED GENERAL OBLIGATION BOND (CONSERVATION COLLIER PROGRAM) IN AN AMOUNT NOT EXCEEDING $21,000,000 TO FINANCE THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND (PEPPER RANCH); ACCEPTING A PROPOSAL FROM SUNTRUST EQUIPMENT FINANCING & LEASING CORP. TO PROVIDE THE COUNTY WITH A LOAN TO FINANCE THE ACQUISITION OF THE ENVIRONMENTALLY SENSITIVE LAND; AUTHORIZING THE EXECUTION OF A BOND TO EVIDENCE SUCH BORROWING; AUTHORIZING THE BOND TO BE PAYABLE FROM AD VALOREM TAXATION TO BE Page 61 November 18, 2008 LEVIED IN AN AMOUNT NOT TO EXCEED ONE-QUARTER OF A MIL ON ALL TAXABLE PROPERTY WITHIN THE COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO THE BOND; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN AND OTHER OFFICERS OF THE COUNTY; APPOINTING THE COUNTY AS PAYING AGENT AND REGISTRAR FOR THE BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE - ADOPTED Item #10E - Continued to later in the meeting AN AGREEMENT FOR SALE AND PURCHASE WITH LAKE TRAFFORD RANCH LLLP, FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP FOR 2,511.90 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $33,328,400, AND NAME RESULTING ACQUISITION PEPPER RANCH PRESERVE - AGREEMENT FOR SALE AND PURCHASE APPROVED W/STIPULATIONS MR. MUDD: Yes, sir. We have an 11 o'clock time certain. Commissioner, this is Item 10E and 1 OF, and they are linked in this particular discussion and -- because I don't believe you can do one without the other. If you're going to purchase -- CHAIRMAN HENNING: Can we do 10F first? MR. MUDD: Yes, sir, we can. And I'll read them both, if that's okay for the board. 10F is, this item is a companion to 10E. It's a recommendation to award a request for commitment, RFC, and adopt a resolution Page 62 November 18, 2008 authorizing the issuance of a Limited General Obligation Bond, Conservation Collier Program, in an amount not to exceed $21 million, to finance the acquisition of environmentally sensitive land, Pepper Ranch; accepting a proposal from Sun Trust Equipment Financing & Leasing Corp. to provide the county with a loan to finance the acquisition of the environmentally sensitive land; authorizing the execution of a bond to evidence such borrowing; and authorizing the bond to be payable from a -- from ad valorem taxation to be levied in an amount not to exceed one-quarter of a mill on all taxable property within the county; and making certain covenants and agreements with respect to the bond; and delegating certain authority to the chairman and the other officers of the county; and appointing the county and his paying agent and registrar for the bond; and authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Mr. John Yonkosky, office of management and budget, budget director, will discuss that particular item. And 10E, which is the companion to borrowing the money, is -- the item is a companion to 10F. It's a recommendation to approve an agreement for sale and purchase with Lake Trafford Ranch LLP, a Florida limited liability limited partnership, for 2,511.9 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $33,328,400, and to name the resulting acquisition Pepper Ranch Preserve. And in that particular regard, Alex Sulecki, your manager for Conservation Collier, would present on that particular purchase. CHAIRMAN HENNING: Mr. Yonkoski, before you go, is there __ anybody here want to talk about the financing of Pepper Ranch, please raise your hand. Who wants to speak on the purchase of Pepper Ranch? Okay, great. So we can take two separate motions? Okay. Mr. Y onkosky? Page 63 November 18, 2008 MR. YONKOSKY: Hi. John Y onkosky, budget director, Commissioners. Agenda Item 10F is a recommendation for the board to reward a request for commitment, an RFC, and adopt a resolution authorizing the bonds, as Mr. Mudd read into the record from the title of it. This financing, this bond, is put together as a method of financing part of the acquisition of the Pepper Ranch properties. This particular item we actually issued requests for commitments to six large financial institutions, four responded. And the board's financial adviser has reviewed that, and we've put together a process and in conjunction with your bond counsel, who's prepared the resolution that is part of the agenda package and part of what the board would approve if they decide to go forward with this financing. The financing itself is scheduled to be -- track your referendum that approved the actual levying of ad valorem taxes for Conservation Collier. I can answer any questions. That's basically the extent of this part of the presentation, and it is to award the RFC to adopt a resolution and to authorize certain people in the county, the chairman, the clerk, and the clerk's deputy, to execute the documents associated with this bond. I must tell you that the commitment must -- that we must draw down the money, execute the documents and actually receive the money, by the 22nd of November. It's timed so that the financial institution has made commitments and have entered into an arrangement where, if the board accepts this, the money has to be drawn down by the 22nd. CHAIRMAN HENNING: Questions by the board? Commissioner Fiala, Commissioner Halas. COMMISSIONER FIALA: I have no questions. I'd like to make a motion to adopt the resolution authorizing the issuance of a bond in Page 64 November 18, 2008 an amount not to exceed $21 million to Sun Trust as the funding source for the acquisition of environmentally sensitive land known as the Pepper Ranch. COMMISSIONER HALAS: Commissioner, before we make a second on that, could you hold that one off maybe? As we discuss the agenda here, both 10E and 10F, there may be a way that, through the __ as we discuss this program, maybe there's a way that it can be -- end up being cheaper for the taxpayers. COMMISSIONER FIALA: Oh, sure. I would be happy to wait. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What do we have to really finance here, 21 million? MR. YONKOSKY: That -- COMMISSIONER HALAS: Or are we going to financial the 33 million? MR. YONKOSKY: No. We're not financing the 33 million, Commissioner. And I don't want to step on Ms. Sulecki's presentation, but the -- we're financing up to 21 million of the purchase price. The remainder of that purchase price will come from funds on hand. COMMISSIONER HALAS: Okay. You answered my question. Thank you. CHAIRMAN HENNING: Commissioner Halas, can you -- I mean, I think it's apropos to make a motion, but if you have another idea, can you help the rest of us -- COMMISSIONER HALAS: My idea is -- okay. I'll just lay the cards out on the table. Obviously this is a great buy, but if you look at when the appraisal of this property was made, it was made sometime in the spring, okay. Obviously, the prices (sic) ofland has dropped, and we don't know if it's -- how much it's impacted this particular piece of property. When we have to go out and put this -- get a bond on this, we're Page 65 November 18, 2008 looking at 4.138 percent interest over a period of time. What I'd like to know, if the seller of this property, instead of going out and going through another appraisal and tying this all up, I'm wondering if the seller would be willing to carry the paper on this piece of property for, let's say, four years, or whatever it takes. I think in the -- in our summary on five, or, excuse me, on F, it was talking about roughly paying $5,700,000 a year if -- to payoff this 21,000 (sic), so it would take about four years or thereabouts. So my question is, it would save us about a little over $2 million if the seller would carry the paper and the county would then pay the seller a certain amount each year until it was paid off with no interest charged to the county. CHAIRMAN HENNING: And I think Mr. Fridkin is the landowner's representative, legal representative. Is Mr. Fridkin here? MR. GRANT: Mr. Grant. CHAIRMAN HENNING: Oh, I'm sorry. Same firm, I think. MR. GRANT: Same office. COMMISSIONER HALAS: And basically, what it would amount to, so that we don't have to go through all of this thing, I think it would be beneficial not only for the seller but also for the taxpayers because we'd end up saving some money and we'd only pay the actual value of the property instead of paying off the debt, which is quite a substantial amount. CHAIRMAN HENNING: Mr. Fridkin -- Mr. Grant. MR. GRANT: I'm Dick Grant. Jeff Fridkin's one of my partners. Same office. I answer to both names. Thank you, Commissioners. The only response I can give you is, this is the first time this has come up. You're dealing with a limited liability limited partnership that has several partners in it, and I'm not in any position, nor nare they today, to respond to that. It's never been presented before. You have before you a proposal to purchase the property under Page 66 November 18, 2008 terms that you approved back in July, and I have no other way to answer other than to say that I certainly have no authority. And yes, there are two -- the two general partners are here in the room, but there are limited partners, and there would have to be discussion and consultation and approvals made to answer that kind of a question. COMMISSIONER HALAS: Okay. Well, obviously you're absolutely right, Mr. Grant, that in July we did approve this and we approved it that we were going to go out and get a -- see about getting the proper funding. But obviously a lot of things have taken place in that period of time. I think it's a great buy, but if you want, I'll ask the Chair if -- how long would you need to talk to the people involved in this partnership to come up with something? Because I think it's beneficial, number one, that we buy the property, but I think it's also beneficial that we make sure that we do due diligence with the taxpayers' money. And if we could come up with some kind of a deal where we don't have to go out on the bond market and get money, I think it would be beneficial. That way we don't have to pay back a substantial amount of money here. MR. GRANT: Well, Commissioner, I'm sorry. I'd have to discuss with my clients the whole subject, and I wouldn't be able to tell you how quickly that could be responded to until I did that. The -- I guess I'd like to respond to a couple of points here. One, we all understand what's going on in the state of the world and the U.S. economy and the financial markets, so that's a reality that we all understand. I'm not an appraiser, but I don't know that that makes it a given that values of agriculturally based land have necessarily fallen. There are other people that will be addressing you today, or at least we're planning to address you today, and you'll hear some things. But I'll go ahead and respond to that since, I guess, I have the floor here and I'm being asked to. There is a purchase of something Page 67 November 18, 2008 that I think I would review as comparable called the Argo Ranch that is being considered this morning -- it may have already been heard, I don't know, by the Lee County Commission -- at a per-acre price that is greater than this. Don't hold me to the exact figure, but it's a higher price than this property. There is a property called the Ryle (sic) Ranch that was purchased by Charlotte County under its conservation program within the past four to five months, six months at the most, called the Ryle Ranch, at a price that is even greater than that. Again, I'm not an appraiser. I'm not testifying as to values. I don't know. But I think the assumption that things have fallen is not necessarily the case. The other thing I guess I would respond to and say is that this has been a lengthy process. The property has been in the Conservation Collier system since September 12th, 2007, 14 months ago, and that's the nature of the process. That's the nature of the beast. That's the nature of the way government works. The appraisals were done in late Mayor early June. They do have an effective date in March, that's correct. The time it's taken to get here is not, in any manner, because the owner has not -- the owner would have liked this thing done three months ago. It's the nature of the governmental process that has caused this time to be taken. And I don't think it's really right at this juncture to expect an owner to revisit it, but that's your prerogative, and I wouldn't say you don't have that prerogative. But to suggest the owner self-finance it, certainly people do things like that, but that doesn't necessarily mean the price is different. Typically when sellers finance things, there's interest charged, just as Sun Trust will charge the county. So I don't know what else I can say. I have no authority to agree to anything. And the people in this room wouldn't be able to make that decision without some discussion. Page 68 November 18, 2008 CHAIRMAN HENNING: Okay. Did that answer your question? Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Yeah, in could. You've got -- it's an interesting proposal that you made, Commissioner Halas. I've had a number of people come to me. I mean, there's been a tremendous number of people that have come out in support of Pepper Ranch. Equal number of -- not an equal number, but there's been also a number of people that came out and they were concerned about us borrowing money against future taxes, especially with the uncertainty of what's taking place out there and the number offorec1osed homes. In all likelihood, we're going to see a drop in revenue next year. And when you have a drop of -- excuse me -- ad valorem, that also's going to be a drop in the amount of revenue coming in. But let's play the what-if game. Could somebody tell me what the numbers would be? How much money would be able to pay -- be paid now? How much would the next shot of money be coming in from Conservation Collier? Ifwe can save 2-million-some dollars, then this sounds like even a much better deal than it did originally. Or are these numbers that aren't available? MR. YONKOSKY: I don't know whether you can see -- John Y onkosky, budget director. I don't know whether you can see the numbers on the bottom or not, if you can read them up there. Otherwise we'll -- the program sunsets in 2013. The acquisition maintenance and debt service on the bottom on the left-hand side in FY2010, the actual program is 18 million 804, and that's considering the bond debt service. And if you -- let me just tell you that the first year in 2009, the interest would be $521,000, and then in the following year, the interest would be -- the principal would be, on January 1, $4,756,000. And the debt service would be 5 million 181. Total debt service the following year would be 5 million, seven oh three, eight one oh seven. We ran several scenarios dropping the ad valorem taxable value Page 69 November 18, 2008 down 4 percent for 20 1 0 and 5 percent in 20 ll. And the -- using those parameters, that assumption, we will be able to make the debt service payments if you approve the bond today. I don't know whether that answered your question. COMMISSIONER COLETTA: Well, I was asking the question in relation to what Commissioner Halas proposed. Where we -- in other words, if we weren't to pay interest on this and if we could get the buyer to give us a deal where we give him the cash we've got up front now, what would be the next cash payment that would be available? I mean, I'm just playing with what Commissioner Halas offered. Just a what-if. MR. YONKOSKY: You would have the cash available next year by approximately January based on the levy. COMMISSIONER COLETTA: So right -- forgive me. Right now we have how much, 20 -- how much do we have in stock to be able to apply to this? MR. MUDD: Commissioner, right now, best I can tell from the math, you have 12 -- Alex has $12 million up-front cash that you could go against this purchase. If that quarter ofa mill, based on what I saw just a second ago from Laura who -- Laura Donaldson who works in the OMB office, there's projection of about $17 million coming in every year for Conservation Collier. If -- that l2 million sitting right now, you have a tax levy that has started, okay, starting on 1 November, and will finish up by 1 March, you probably could have another installment of$12 million out of the 17. Still Alex would have money in her program to purchase parcels either in Winchester Head or 53, Unit 53, or whatever. And then next March you would be able to pay the remainder of the $33 million. COMMISSIONER COLETTA: We would save 2-and-a-half-- two-point-some million dollars? MR. MUDD: Whatever it is, yes, sir, something close to that. Page 70 November 18, 2008 COMMISSIONER COLETTA: Then possibly we should continue this item to the next meeting? CHAIRMAN HENNING: We could, or we can probably settle it today. We have several public speakers. I like commissioner Halas' idea. I have some real reservations of even making the purchase for several reasons. One, we are buying 900 of2,500 acres that's already in preserve. All we're buying is access. The second thing, the seller will still have oil rights. I have a problem with that. And the third thing is, out of a 2005 Naples Daily News article, the owner said that he was going to harvest building credits off of the ranch and sell those and preserve all the 2,500-acre ranch, and conservation won't be used on the public's tab. Quotes, basically the land is preserved for free. That's the whole concept of Conservation Collier. So I can't vote for that today. I may consider Commissioner Halas' suggestion to try to get a better deal of it, but that's up to the -- Mr. Grant and his clients of whether they can accept an offer like that. But there's a lot of public here that wants to speak on the purchase of Pepper Ranch, and I think it would be a disservice if we didn't hear from the public today. COMMISSIONER COLETTA: I agree. CHAIRMAN HENNING: Okay. Do you want to call the -- do you think it's apropos to call public speakers at this time? COMMISSIONER COLETTA: Well, ifit may help to guide the public when they come up, possibly we might want to just for a moment discuss the possibility of a motion for continuance of this and then bring the public up so they know where we're going. Just a suggestion. CHAIRMAN HENNING: Yeah. But, Mr. Grant, couldn't this -- within an hour you can talk to your clients and get some kind of an answer? MR. GRANT: I can certainly talk within an hour. That's -- I can't Page 71 November 18, 2008 tell you we'll have an answer, but we can talk. CHAIRMAN HENNING: We may be able to make a decision today. I think that's what the public is here -- MR. GARRAH: I understand that, Commissioner. I would -- it's not my place to tell you how to run the meeting. I think it would be proper for you to hear what members of the public that have come here to speak have to say. CHAIRMAN HENNING: And that's what I proposed. MR. GARRAH: And I agree with you. Yeah, I know you did, yeah. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Mr. Grant, would there be a possibility, as we hear the comments from the public speakers, that you could possibly talk with the sellers and -- MR. GARRAH: Yes, I can do that. COMMISSIONER HALAS: -- and maybe we can move this along and maybe we can come to some type of resolution, if it's possible, in regards to this deal? I just think that if we can end up -- this is a great piece of property. And I think if we have the ability to work with the seller and he is willing to carry the paper on this with 0 percent interest for the county, it's a win-win for everyone. We buy the -- get the property, and the taxpayers don't have to pay the paper on this thing, okay, the interest. And we're just trying to look for ways of making sure that we do due diligence with the resources that come into the county here. MR. GARRAH: I understand, Commissioner. CHAIRMAN HENNING: Sue, how many public speakers do we have? MS. FILSON: Twenty-three. CHAIRMAN HENNING: Twenty-three, okay. It's cut off at 23. And please call up the first speaker. Page 72 November 18,2008 MR. GRANT: Commissioner, could I ask a -- I'm one of those 23 speakers. Can I come back again if I feel that I would like to when my name is called? CHAIRMAN HENNING: Sure. MR. GRANT: Thank you. CHAIRMAN HENNING: When Sue calls your name, please step up to the podium. She's also going to call the next speaker. The next speaker goes to the next podium. And you have three minutes to say what you need to say. MS. FILSON: The first speaker is Duane Billington. He'll be followed by Duane Dungan. MR. BILLINGTON: Good morning, Commissioners. Thank you for this opportunity to be heard. I'm a 30-plus-year resident of Collier County. I'm a voter, I'm a taxpayer, I own two properties. I get to smile twice at tax time. I sure would like to see some way that this could be made to work. There's a lot of people that work very hard trying to get it through. But I do have some serious questions. We have -- there's over 900 acres already protected by virtue of the TOR credit transfers. So what you're really -- and this is an encumbrance to the owner. He no longer can do anything substantial with that. That is pretty much conservation preserved land. So the real acreage that you're talking about is closer to 1,600 acres, and then if you use the math based on that 1,600 acres, you're paying somewhere in the neighborhood of between, rough math, 20-, $21,000 an acre for a piece of woods or agricultural land, unimproved. That's a lot of money. At every level of government right now, we're bailing out, whether it be financial institutions, people that have made bad investments. There's something else coming up on the agenda today that may be asking for another favor from government, too. But that's a lot of money. And as a taxpayer, I'm just expressing my concerns. Page 73 November 18,2008 If I wanted to sell my house right now, I couldn't get what I could get for it 12 months ago. I'd have to accept a lot less money, if! wanted a quick sale. And I don't think you should feel like you're under the gun to make a decision here today just because the wheels of this were put in motion at an earlier date. Let's use some common sense, some logic here and due diligence, financial prudence, and please take care of me so I can, again next year, smile twice at tax time. Thank you. MS. FILSON: Duane Dungan. MR. DUNGAN: I'll waive. MS. FILSON: Will Kriz? He'll be followed by Michael Lyster. MR. KRIZ: Good morning, Commissioners. My name is Will Kriz. I am the vice-chairman of the Conservation Collier Land Acquisition Advisory Committee. It's important to note that Conservation Collier is a willing seller program. It can only acquire properties that are offered to it. While some very attractive parcels have been acquired over the six-year life of the program, the largest parcel purchased thus far is about 80 acres. And the program is forced to assemble a number of small lots into useful preserves, as in the cases of Winchester Head and Northern Golden Gate Estates Unit 53. In fact, many offers have been declined simply because the tracts have been too small or too isolated or lack convenient access. In other cases the offered properties lack the resource values that are necessary to meet the criteria established in the Conservation Collier ordinance. But Pepper Ranch offers a rare opportunity for the program to accomplish something spectacular. It is the resource values and the scale to be truly valuable to the citizens of Collier County, and I think it's the kind of purchase the voters had in mind when they voted by a wide margin to authorize the program. This is why the advisory commission -- committee has recommended to you that you purchase Page 74 November 18, 2008 . -- that the property be purchased. Thank you very much. MS. FILSON: Michael Lyster. He'll be followed by Roxanne Gause. MR. LYSTER: Good morning, Mr. Chairman. My name's -- CHAIRMAN HENNING: Mike, hang on. Ms. Gause, are you speaking today? MS. GAUSE: No, I'm going to waive. CHAIRMAN HENNING: Next speaker? MS. FILSON: Ed Carlson. CHAIRMAN HENNING: And Mr. Carlson will be followed by who? MS. FILSON: Jennifer Hecker. CHAIRMAN HENNING: Okay. Go ahead. MR. LYSTER: Good morning, Mr. Chairman. My name's Michael Lyster. I'm the president of the Southwest Florida Council of the Boy Scouts of America. Our council extends from Marco Island to Bradenton, Florida, and includes service to youth in seven counties, including all of Collier County. I'm here today to speak in support of the Conservation Collier program purchase of the Pepper Ranch property. My wife and I are residents of Collier County. Our oldest son and daughter-in-law have lived here since 1989. Our son teaches in Collier County schools. Our daughter-in-law is a supervisor at Naples Community Hospital. Our grandchildren attend Collier County schools, and I guess a proud Grandpa would add, they both achieved high honors this last term. I have served as president of our council for the past year. Our alligator district, which geographically means Collier County, has over 1,600 youth members and 670 adult leaders. In our entire council we have over 8,600 youth and 3,500 adult leaders. These scouts and leaders would benefit greatly by having access to the 2,500 acres of Page 75 November 18, 2008 Pepper Ranch to explore, camp, and utilize in our scouting programs. I and our council feel very strongly about this issue, so strongly that we wanted to have the council president represent our interest and make the request for approval. Our council executive committee is meeting at this hour, but I was -- and I've asked one of our vice-presidents to preside over that meeting so that I could be here to speak -- see you in favor. CHAIRMAN HENNING: Hang on. Mike, that -- Sue? MS. FILSON: Yes. CHAIRMAN HENNING: Was that in error? MS. FILSON: Yes. CHAIRMAN HENNING: Okay, I'm sorry. Go ahead. MR. LYSTER: Currently our district's scouters wishing to camp can choose between our two camp locations, northeast Punta Gorda or northeast Manatee County, east of Bradenton. As you may know, most of our camping is done on weekends, and having to travel either two, three, or even more hours on a Friday evening -- depending on traffic on 1-75 -- after school creates a logistical problem for all units. The Pepper Ranch location would significantly reduce that travel issue for the scouts of Collier County. In conclusion, as the representative of the Boy Scouts in our area, I wish to communicate to you that we believe this is great opportunity for conservation, the environment, and the citizens of Collier County that include our scouts and leaders. We support the purchase and encourage you to approve the contract to buy the property for the benefits of our county. Thank you. CHAIRMAN HENNING: Thank you. Mr. Carlson, good to see you. MR. CARLSON: Thank you. MS. FILSON: Jennifer Hecker, followed by Marco Espinar. MR. CARLSON: I think I was-- MS. FILSON: Yeah, you're next. Page 76 November 18, 2008 MR. CARLSON: Ed Carlson, director of Corkscrew Sanctuary, 40 years managing wildlife and land in Collier County. I campaigned for Conservation Collier, I raised money for Conservation Collier, I was on the original board -- advisory board for Conservation Collier, and my conclusion after a year or so was that I could go out and spend my time working with the CREW trust and the water management district and mitigation banks and acquire better wildlife habitat, viable habitat, more of it working outside the program, because the program has a history of small, isolated parcels that mayor may not have wildlife values. Lots along Pine Ridge Road go for a million dollars a pop, and nobody seems to think that's controversial. Now you're going to spend $33 million. It's how are you going to spend it? In my opinion, all my experience here, this is the finest project that this -- that this program could possibly purchase. And the comments about taking some of the development rights off of that -- I don't think they've all been stripped off. I think my colleagues in the Conservancy can attest to that. But the big difference is, we don't have access if we don't buy it. I can't go there. I can't take trips from Corkscrew there. We can't advertise it as an ecotourism draw for this county, and how many ranches do you -- 2,SOO-acre ranches do you have that adjoin Lake Trafford? I mean, this is fantastic. This is a tremendous opportunity. You're going to expend the money in Conservation Collier but you're not going to get anything this -- I can't think of a better potential project in this entire county than this one. And even though development rights have been stripped off, we don't have access. Please spend my tax money on the Pepper Ranch. Thank you. MS. FILSON: The next speaker is Jennifer Hecker, followed by Marco Espinar. MS. HECKER: Elizabeth Nebel, who is signed up, has offered to cede her time to us. Would that be acceptable? Page 77 November 18, 2008 CHAIRMAN HENNING: We have a lot of speakers. MS. HECKER: I understand. CHAIRMAN HENNING: Could you try to keep it as short as possible? MS. HECKER: We will try. Jennifer Hecker, representing the Conservancy of Southwest Florida, and our organization, which has 500 members in Collier County alone, thank you for the opportunity to comment on the proposed acquisition of Pepper Ranch. As you know, Pepper Ranch represents an extraordinary opportunity to publicly preserve and protect 2,500 acres of environmentally sensitive lands essential for protecting our sustainability and quality of life as Collier County citizens. It contains areas important for replenishing our drinking water supply, critical habitat for endangered species, such as the Florida panther, as well as wetlands and water flow necessary for maintaining the Corkscrew Swamp Sanctuary, the Cocohatchee slough, and the Wiggins Pass estuary. Being in the Lake Trafford watershed and with Lake Trafford not currently meeting state water quality standards, it also presents a substantial opportunity for improving and protecting Lake Trafford's water quality. As a result of the ranch's high natural resource value, the Conservation Collier Committee gave Pepper Ranch their highest rating -- ranking, and last Monday overwhelmingly voted to support its purchase. When 82 percent of Collier County citizens voted to tax themselves to renew the Conservation Collier Program for public acquiring, protecting environmentally sensitive lands, Pepper Ranch was exactly the type of parcel that they had in mind. These funds are restricted and so cannot be spent for any other purpose. With the current appraisals based on the agricultural use of the property and having already been reduced to reflect the decreased Page 78 November 18, 2008 development potential that's been discussed today, the current price is fair and in accordance with the Conservation Collier guidelines. Buying it today under the terms discussed and approved at the -- in July maintains the integrity of the process. This -- there is a basic fairness issue in singling this property out and treating it differently than every other parcel that has ever come before it in the Conservation Collier Program, and we feel that doing that would adversely impact the program and undermine the integrity of that process. The agencies have confirmed that panther and wetland mitigation credit can be generated from the ranch and be used by the county which provides an additional benefit from its purchase. Overall, the silver lining of the downturn in the market has been in bringing exceptional opportunities forward such as the very recently purchased 16,000-acre Ryles Ranch in Charlotte and the 17-acre Argo Ranch being acquired by Lee County today, both of which were sold at a higher price per acre than what we have before us with Pepper Ranch. Accordingly, those counties also grappled with similar economic concerns, but the purchases were welcomed by the public as critical investments in ensuring our sustainability in preserving our quality of life that we enjoy as Southwest Florida residents. Without public acquisition, the ranch is vulnerable to mining and development, which would not only eliminate public access and recreational opportunities, but potentially diminish our water supply and sever the hydrologic connection that supports thousands of acres of wetlands, rivers, and estuaries in Collier County. This is simply an opportunity that we cannot afford to pass up. Many people recognize this and have taken time off of work today to come express their support to you as a result, and I would ask each one of them if they could take a moment and please stand to indicate to whether you are here today to indicate your support to the Page 79 November 18,2008 commission for the purchase of Pepper Ranch. As a result, we collectively urge you to not condition or make this purchase contingent on non-customary financing, but instead, please take advantage of this opportunity and please vote to approve the Pepper Ranch purchase today. Thank you very much. MS. FILSON: Marco Espinar. He'll be followed by Nancy Payton. She'll be followed by Richard Grant. MR. ESPINAR: Good morning, Commissioners. CHAIRMAN HENNING: Nancy Payton waives. MS. FILSON: Oh, okay then. Richard-- CHAIRMAN HENNING: No, I'm just kidding. MR. ESPINAR: Good morning, Commissioners. First let me thank you for this opportunity. For the record, my name is Marco Espinar of Collier Environmental Consultants, and I'm one of your fellow board members on Conservation Collier, and I'd just like to make a few quick points here. The first point I'd like to make is about the location of the Pepper Ranch. This acquisition is in the Immokalee area. By our charter, we are to look at distributing our acquisitions throughout the entire county, and this acquisition will be in the Immokalee area. The other point I'd like to make is the recreational value of this property. This property provides preferable diverse recreational opportunities to the public, including hunting. But it seems that the most important point I want to make today is regarding the fiscal aspect of this. And Commissioner Halas, I'd like to point out to you that this property will provide a long-term cost savings to the public in regards to mitigation with future capital improvement projects of this county. Remember, Santa Barbara extension cost millions of dollars of our taxpaying monies in mitigation costs. With the acquisition of Pepper Ranch, you have mitigation credits in reserve for years to Page 80 November 18, 2008 come for future capital improvement projects. In regards to mitigation credits, I am the chair of the Land Management Subcommittee, and I had the pleasure of sitting in and just observing the talks with U.S. Fish and Wildlife Service. And at that meeting, we came -- I came away with a really great conceptual idea of how to increase our panther PHU credits while minimizing the cost of restoration by creating corridors. And U.S. Fish and Wildlife showed their interest, and this is precisely how to go about it, by creating the small corridors. By doing so, we can maximize your PHU credits out there on the ranch while really reducing the cost of restoration. And my last point I'd like to make to the commission is that when Conservation Collier was conceived, this is the kind of property that was precisely envisioned. Thank you. MS. FILSON: Nancy Payton. Richard Grant. MS. PAYTON: Nancy Payton representing the Florida Wildlife Federation. CHAIRMAN HENNING: Next speaker after Mr. Grant? MS. FILSON: Dorothy Hirsch. MS. PAYTON: Nancy Payton representing the Florida Wildlife Federation. I've hemmed and hawed on behalf of the Federation on this purchase for a long time. I've had questions about its relationship with other county departments, transportation, parks and rec, how it would be viewed within the county, how it would be used in the county, some of the things that Marco mentioned. I had a lot of questions, and I want to thank Conservation Collier staff, Conservation Collier Committee members for taking the time to answer those questions and provide information. And when I did the balance of the positives and the negatives, definitely the positives come out on top. And, therefore, I'm here to support the acquisition of the Pepper Ranch. Do not support more appraisals. We don't know whether the Page 81 November 18, 2008 landowners will continue to be involved positively in a further protracted process. Just don't know that. And then regarding financing, I question -- save whenever you can, but I question in the long run in 5, 10, 15,20,50 years, whether saving 2 or $3 million really will matter. I don't think it will. If you can, that's fine, but I don't think that should be the deal breaker. So again, I sum up saying, please purchase the ranch today and we can move forward with the financing and the management. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Richard Grant. COMMISSIONER HALAS: He's outside. MS. FILSON: Dorothy Hirsch. She'll be followed by Bobbie Lee, who will be followed by Ellen Patterson. I'm not sure if it's Peterson or Patterson. MS. PETERSON: Peterson. MS. HIRSCH: Good morning, Commissioners. Dorothy Hirsch. I've come here as a concerned citizen having no affiliation particularly with any group on this matter. On Friday I attended a seminar and workshop put on by, of all people, the Collier County Health Department on Smart Growth. And part of what came out of that was the discussion of parks and recreation for this county and its welfare for its citizens. Also out of that came out the issue of tourism and what tourists were looking for. And they also are looking for recreation. They don't really want to go to another Miami. My concern with all this is that we are overlooking these issues, the general health and welfare of our citizens, and also that tourist dollars are really maybe where a lot of our income is going to come from, because it's certainly not going to come from businesses moving here at this time. I know that we certainly, as a family business of manufacturing, would never have come here seeing what's going on Page 82 November 18, 2008 here now. So I think tourism is really a big issue for us and a big money maker, and they're going to want to have places that they can go and enjoy the environment. They are not going to want to come to areas that are just wall-to-wall pavement and cement. So I would ask the commissioners to think about this seriously today, to move forward with this project because it concerns all our health and welfare and it concerns income from tourism. I think that we've already -- the citizens and taxpayers have made their decision a long time ago that they wish to support this. Dragging this out serves no purpose at all. Thank you and, again, I hope you move forward with this today. MS. FILSON: The next speaker is Bobbie Lee. She'll be followed by Ellen Peterson, who will be followed by Brad Cornell. MS. GRUNNINGER: For the record, my name is Bobbie Lee Grunninger, and I'm here today representing the Responsible Growth Management Coalition. We have several hundred members scattered out between Lee and Collier Counties. And I'm here to speak in favor of the purchase of Pepper Ranch. We need to do the right thing. We need to try to get that property purchased as quickly as possible. It's priority panther habitat. We've had 17 panthers killed this year alone due to loss of habitat. There's a couple of plans out there that are supposed to protect the panthers and they don't. There's the rural land stewardship plan. It's got a lot of flaws in it. There's the panther protection plan. It's a flawed plan as well. The panthers need this land for habitat. They need it for home range. There's a lot of other listed species on the property as well. Let's do the right thing and let's get this land -- it would be beneficial to everyone. Thank you. MS. FILSON: Ellen Peterson, Brad Cornell, and Brad will be followed by Ellin Goetz. Page 83 November 18, 2008 MS. PETERSON: I'm Ellen Peterson. I'm representing the Calusa Group Sierra Club. It seems to me that Collier County has been busy giving away a lot of our rural lands, and whether that's rural stewardship or rural takership, I'm not quite sure. But I think maybe it's time for you all to really concentrate on saving the beautiful environment that only Collier County has. So the time is now, and it's time for you to step up to the plate. MS. FILSON: Brad Cornell, Ellin Goetz. She'll be followed by Susan Calkins. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell and I'm here on behalf of Collier County Audubon Society and Audubon of Florida. And Audubon -- these two Audubon societies strongly support the purchase of Pepper Ranch. This is a unique opportunity to protect and restore a critical component of the CREW system, panther and caracara habitat and other imperiled species, and for the public recreational benefits in and around Immokalee. This also complements the other rural land resource protection effort employed by the county, state, and federal government, including the county's landmark rural land stewardship program. And I take exception to some of the comments that were recently made by my -- by previous speakers that said that these programs do not help panthers. I believe that we have a very effective program. We're making it even better now. Audubon believes the agreement before you reflects resolution of several important issues including remediation of the cattle dipping vat, no rock mining, and reducing the value of the price because of conservation easements that already exist on stewardship sending area number seven. There's also an important set of issues remaining to be settled that have to do with mitigation. Panther habitat units, wetland mitigation credits, and other uses by other county departments need to be Page 84 November 18, 2008 addressed more thoroughly soon, especially in light of this big land purchase by Conservation Collier and for other such acquisitions. Audubon expects this issue to be discussed promptly beginning December 2nd when the Starnes management plan comes before you, and we look forward to participating in those discussions; however, we recommend those important policy and financial decisions not delay the signing of the Lake Trafford Ranch purchase agreement before you today. With all due respect, I believe the agreement before you is appropriate to recommend and not revise it. The proposed financial arrangements have a good price, it's a fair price, and the appraisals that were done last March should not be changed because of so much time having passed. That's not the seller's fault. That's the process of government trying to go through this process. I don't think that it's fair to really look at reducing the price either through interest or price. So this agreement before you, I think, could be done today, and we recommend that. It's a very important purchase and probably historic, so thank you for your consideration. MS. FILSON: Ellin Goetz, who will be followed by Susan Calkins, who will be followed by Elizabeth Nebel. MS. GOETZ: Good afternoon. I'm Ellin Goetz. I'm here today as a private citizen and, perhaps, just a little bit of a touch of a community organizer. But I am speaking in support of the acquisition of this Pepper Ranch project property. And really, as far as Conservation Collier's concerned, this acquisition is the home run that we've been waiting for all these years. Of course, you know, I'm sure, with a lot of people in this room, we worked on the campaign to pass the Conservation Collier Program. I sat on the committee for the initial three years and, frankly, although I didn't admit it, I was very disappointed with the kind of parcels that we were getting. As Will Kriz has stated, they were piecemeal. They tended to be Page 85 November 18, 2008 not of the highest value that we had hoped the program would be able to acquire. Well, when this property came into play, it meets all the criteria. And most especially, I think, it's the ability for the public to access a jewel of the true Florida landscape, and all aspects of it, historic, natural, environmental. So I really encourage you to approve this acquisition. The program has been very fair, and I would encourage you to do it today. Thank you. MS. FILSON: Susan Calkins. She'll be followed by Elizabeth Nebel, who will be followed by Barbara Glasgow. MS. CALKINS: Like others in the room, I do have a history with the beginning of this Conservation Collier Program. I was looking back. I was one of the poster hands as well as poster children, quote-unquote, for that. I've followed Pepper Ranch acquisition. As a consequence of my interest in Conservation Collier, I followed the Pepper Ranch acquisition since its inception. I think I've spoken to you -- I know I've spoken to you before. And we all know it's gone on for a very long time. The price has already been lowered once. And I think like other taxpayers, I am not willing to risk the loss of this property by postponing in any way that decision to purchase today. I've seen it, you know, drag and drag and drag. If I were the landowner, certainly I would be about saying, as much as I would it preserved and turned over to the people of this county as a historic piece of property which has so much natural value in terms of the environment, I would really be thinking twice. I mean, we have -- it is time to make that decision. As a taxpayer, I don't mind, and I'm sure many others do not as well, in terms of this $2 million. It's -- you know, it's not worth it. What's worth it is to make this decision today to buy this property. Page 86 November 18, 2008 So with that said, it is the embodiment of the Conservation Collier Program. I applaud you for recognition of that from day one of your agreement to purchase, your agreement on a price, your directive to staff, and I think this is the time. So please. Thank you. MS. FILSON: Elizabeth Nebel. She'll be followed by Barbara Glasgow, who will be followed by Marcia Cravens. CHAIRMAN HENNING: Barbara Glasgow? (No response.) COMMISSIONER FIALA: Didn't she relinquish her time to Jennifer Hecker? CHAIRMAN HENNING: Yes, she did. MS. FILSON: Okay. And Michael Self (sic). Michael-- MR. SEET: I'll waive. MS. FILSON: Okay. Bonnie Michaels? MS. CRAVENS: Am I next? MS. FILSON: Yes. CHAIRMAN HENNING: Good morning. MS. CRAVENS: Good morning. Good afternoon, Commissioners, and thank you for the opportunity to speak. I'm strongly personally supporting this effort. My name's Marcia Cravens, and I belong to multiple environmental organizations. Rather than read my own comments, which I had prepared for this, I had a conversation with Dr. John Fitch this morning, and he gave his permission for me to read his message to the commissioners into the record. He introduces himself to the commissioners. He says he's a professor of environmental studies at Florida Gulf Coast University and also a member of the CREW Trust board of directors. He's lived in Southwest Florida since 1990 and have been a resident of both Collier and Lee counties. From 1990 to '95 -- and I'm speaking for him -- I was president and CEO of the Conservancy of Southwest Florida before moving to Page 87 November 18, 2008 Florida Gulf Coast University to help shape the environmental studies programs and to teach and conduct research. I care passionately about the sustainable future of Southwest Florida, including conserving native ecosystems, major natural flowways, and examples of effective private stewardship of natural lands. Pepper Ranch is the embodiment of the reason for which Conservation Collier was created. Its 2,500 acres are a testament to a family that cared passionately for the land and conserved native ecosystems, endangered and threatened species and national flowways as a bequest from the past and a trust for the future. And now, all of us have that opportunity to preserve the Pepper Ranch as a true trust for the future. And now all of us have -- I'm sorry. I'm losing it. Okay. It is a significant investment but I believe the best investment that Collier County could make to assure a sustainable rather than declining future. Pepper Ranch conserves essential native ecosystems, biodiversity, and natural flowways and water storage essential from an environmental perspective. In effect, Pepper Ranch will serve in the future as a reservoir of environmental quality rather than an isolated island because it is linked to CREW lands. From an economic standpoint, the native ecosystems and natural flowways provide many services that would be too expensive for us to duplicate technologically, such as clean water and water storage. In addition, Pepper Ranch will further increase Southwest Florida's reputation as a tremendous ecotourism destination. From a societal standpoint, Pepper Ranch stands as an important example of private stewardship with a wealth of history of enlightened land use. In my opinion, few other lands, even if they were available, would qualify so highly on all these levels. I just returned from an amazing national conference on Page 88 November 18, 2008 sustainability in Raleigh, North Carolina, with more than 2,000 attendees. One of the recurrent themes from many state representatives attending the conference was the growing recognition that environmental, economic, and social gems like Pepper Ranch are essential community values in celebrating our past and sustaining our future. They are truly a bequest from the past and a trust for the future. I very much applaud the work that all of you have already done on the Pepper Ranch acquisition, your authorization for purchase, your agreement on price, and your directive to draw up a contract. And now today, you have the opportunity to approve the contract and direct staff to execute the contract. Please give your final approval to this essential purchase for the future of Southwest Florida, especially Collier County. I wish I could testify in person today, but I hope it's enough. If you do vote in favor of acquiring Pepper Ranch, my class in integrated ecosystems management stands ready next semester to work with Collier County staff, including Alexandra Sulecki, to conduct, help in developing an initial management plan for this magnificent property. And just one quick -- CHAIRMAN HENNING: Thank you. MS. CRAVENS: -- amendment. CHAIRMAN HENNING: Thank you. MS. CRAVENS: He's spoken with her, and she's very enthusiastic about it. MS. FILSON: Are you Bonnie Michaels? MS. MICHAELS: Yes, I am. MS. FILSON: Okay. Bonnie Michaels will be followed by William Poteet, who will be followed by Lisa Merritt. CHAIRMAN HENNING: Bill Poteet? You know, I haven't seen -- oh, there he is. Great. MS. MICHAELS: Good morning. Bonnie Michaels. I'm a citizen speaking for myself; however, I did visit the property for the League Page 89 November 18, 2008 of Women Voters, and I must say that this is one of a kind. I appreciate your concerns about money, but this land is priceless, and I really want to reiterate that word. It is priceless. It is one of a kind. I would hate to see this lost. In the long-term it's going to be a bonus, for Collier, the public, and the tourists. Please don't lose this opportunity. Vote for it today. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: William Poteet. He will be followed by Lisa Merritt, who will be followed by Richard Grant, your final speaker. MR. POTEET: For the record, my-- CHAIRMAN HENNING: Go ahead. MR. POTTEIGER: For the record, my name is William H. Poteet, Jr., and I have the pleasure of being the chairman for Conservation Collier. One of my first recommendations is Alex Sulecki had put together approximately a 10-minute presentation on all the issues that have been presented before Conservation Collier on this property, and I sincerely ask you to listen to what she has to say because she'll talk about panther mitigation credits and a few other things that were a concern to some people. But I want to talk about the process and how Conservation got to where we are today. You know, about six years ago when we started the program, we developed a plan on how we were to purchase the properties, and we put this together in a little rules and regulations, and then we brought it to the Collier County Commission, and you voted on it and you approved, and it's our methodology of how we purchase properties. And we do this specifically because we are a willing-seller program. In order to have people nominate properties, bring it to us and go through this long, arduous process, they have to have some trust in us. So we told them that we would pay fair market value on Page 90 November 18, 2008 the properties, that we would go through an appraisal process, and whatever the appraisals were is what we would pay. And we have adhered to that policy from day one in order to maintain the integrity of the program, because otherwise people will not do business with us. We're not like transportation where we can go out there and do a little negotiations on the side, et cetera. Weare very open, we are up front, and we let people know, you know, what they can expect, and we continue that. And that is why our committee strongly recommends the purchase of this property and to do it quickly today because it is part of the process that you approved and that we follow. I mean, if we want to change the process, let us know later. But I don't think we should do it after the fact. I admire Commissioner Halas' initiative to come up with a solution to this that's a little bit different. As a Realtor, I would have a problem recommending to one of my clients a 0 percent loan. I mean, there is the cost of money. However, whatever the buyers want to do -- or the sellers want to do, we'd go along with that. We just want to make sure this becomes part of the history of Collier County, as part of Collier County, that the citizens of Collier County are going to be able to use this property and take the benefit that's out there and preserve the Lake Trafford area, because it's a living jewel, and that's something that we must do. Thank you very much. MS. FILSON: Next speaker is Lisa Merritt. She will be followed by Richard Grant. He is your final speaker. MS. MERRITT: Hello. For the record, I'm Lisa Merritt. I'm a private citizen and speaking as such private citizen. I also stand here as a nine-year member of the Immokalee Foundation Board and as a member of the Community Foundation Board and the Conservancy of Southwest Florida. Jennifer did a much better job than I can speaking for the Page 91 November 18, 2008 Conservancy, so I'm going to speak to you on behalf ofImmokalee, and I'm also going to speak to you having raised two children in Collier County, one of which is 15, and one is 17. We've spent 15 years in the Pine Ridge community. We live in Pine Ridge because we like space and wildlife and animals, a lot of which has been taken away from us in Collier County. But from an Immokalee perspective -- I've lived here 28 years. I've been on the Immokalee Foundation Board for nine years. This property is extremely important to the community of Immokalee. The Immokalee Foundation builds pathways to success for the children of Immokalee. Children that otherwise don't really have a shot at the future. Lake Trafford and Pepper Ranch are a source of enormous pride for Immokalee. I see Fred Thomas in the background here in support of this for Immokalee. So this is a really important purchase for the community ofImmokalee, a community that's been longing (sic). On top of that, it's dragged on too long. And I will tell you that on a professional basis, I'm the senior banker on the JP Morgan private bank team. If a client -- and 1 don't advise any of the sellers. But if a client were to come to me and ask me whether or not they should make a four-year zero-interest loan or delay a closing into 2009 or spread their potential gain -- and we all know what's likely to happen from a tax perspective in the next couple years -- over four years -- and remember, they have been mining on this property, so they have-- they have income that's subject to recapture at a much higher tax basis, I would tell them they'd have to think seriously about renegotiating the contract and send them to their attorney -- and the tax attorney and CA for further advise. So, you know, I guess what I would say to you is, this has dragged on long enough. I'd strongly encourage you to get it done today and put it to bed. This is just a really, really important piece from a conservation perspective and otherwise. Thank you. Page 92 November 18,2008 MS. FILSON: Richard Grant. CHAIRMAN HENNING: From the law office of Jeff Fridkin. MR. GRANT: If that's the office you want to call it, fine. The name of the firm is Grant, Fridkin, Pearson, Athan, and Crown. I have to get that in, Commissioner. CHAIRMAN HENNING: That was a prompt for a plug. MR. GRANT: I know, I know. I'm going to make remarks short. We have something that we're prepared to propose but I can't do that until the county budget people calculate some numbers, so -- that they've agreed to calculate, and they're doing that right now, and I don't know how long it's going to take them. But when they do that, I will be prepared to explain something to the commission that the seller is willing to do in response to Commissioner Halas' request. CHAIRMAN HENNING: Okay. Well, Commissioner Halas has to leave at three, so if we -- MR. GRANT: Oh, I would think they'd get it done pretty quickly, but-- CHAIRMAN HENNING: Right, but we also have a noon time certain. Can we put this on for 2:30 time certain? MR. MUDD: Commissioner, you could do this right after lunch and go right after your shade session. Get this piece done, and then get after the unfinanced requirement list. COMMISSIONER FIALA: Then you have the 11 :30 time certain, too. MR. MUDD: We can do that, too. That shouldn't take too long. COMMISSIONER FIALA: That shouldn't take but a few minutes. CHAIRMAN HENNING: Okay. Why don't we go in -- why don't we continue this item until after recess. We've got one enemy we need to take care of, then we'll get right back on this. And I'm assuming that the finance department will be ready? Page 93 November 18,2008 MR. YONKOSKY: We should have it by 1 o'clock, yes. MR. GRANT: So are we saying 1 o'clock, Commissioner, 1: 15 or -- CHAIRMAN HENNING: Be here at 1 o'clock. MR. GRANT: Okay. CHAIRMAN HENNING: Thank you. MR. GRANT: Thank you. Item #12A NOTICE IS HEREBY GIVEN THAT PURSUANT TO SECTION 286.011(8), FLA. STAT., THE COUNTY ATTORNEY DESIRES ADVICE FROM THE BOARD OF COUNTY COMMISSIONERS IN CLOSED ATTORNEY-CLIENT SESSION ON TUESDAY, NOVEMBER 18, 2008, AT A TIME CERTAIN OF 12:00 NOON IN THE COMMISSION CONFERENCE ROOM, 3RD FLOOR, W. HARMON TURNER BUILDING, COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST T AMIAMI TRAIL, NAPLES, FLORIDA. IN ADDITION TO BOARD MEMBERS, COUNTY MANAGER JAMES MUDD, COUNTY ATTORNEY JEFFREY A. KLA TZKOW, 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 - CLOSED SESSION CHAIRMAN HENNING: We're going to go into closed-door session. The time is 12:06. Page 94 November 18, 2008 Jeff, do you have to say anything before we do so? MR. KLATZKOW: No. We're retiring to the shade session at this point in time. CHAIRMAN HENNING: Okay. We're retiring to the shade session. We'll be back approximately 1 o'clock or thereafter. (A closed session was held, followed by a luncheon recess.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Commissioner, you have a hot mike. CHAIRMAN HENNING: Board's back in session. We've got a continuance of Item lOE and F, and back from our closed session. Which one should we take first? MR. MUDD: You do the closed session. MR. KLATZKOW: Closed session, sir. CHAIRMAN HENNING: Okay. Item #12B 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 AL., CASE NO. 08-0066-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - MOTION TO MAKE A SETTLEMENT OFFER WITH CONDITION TO RESTORE THE PROPERTY BACK TO ORIGINAL CONDITION - APPROVED MR. MUDD: It's 12B. This item was continued from October 28th, 2008, BCC meeting. This item to be heard at 1 p.m. for the Page 95 November 18, 2008 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 versus Collier County, et ai, case number 08-0066-CA, now pending in the 20th Judicial Circuit in and for Collier County, Florida. I believe Mr. Klatzkow will present. MR. KLATZKOW: I'm just awaiting your direction. CHAIRMAN HENNING: Entertain a motion. Commissioner Coletta? COMMISSIONER COLETTA: I make a motion that we make a settlement offer to them of -- if they comply with restoring the land back to the original intended purpose of it, industrial, within one year, that we reduce their fine by half. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Coletta, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. Motion carries, 3-1. MR. KLA TZKOW: Thank you. Item #10E AN AGREEMENT FOR SALE AND PURCHASE WITH LAKE Page 96 November 18,2008 TRAFFORD RANCH LLLP, FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP FOR 2,511.90 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $33,328,400, AND NAME RESULTING ACQUISITION PEPPER RANCH PRESERVE Item #lOF RESOLUTION 2008-337: AWARDING A REQUEST FOR COMMITMENT (RFC) AND ADOPTING THIS RESOLUTION AUTHORIZING THE ISSUANCE OF A LIMITED GENERAL OBLIGATION BOND (CONSERVATION COLLIER PROGRAM) IN AN AMOUNT NOT EXCEEDING $21,000,000 TO FINANCE THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND (PEPPER RANCH); ACCEPTING A PROPOSAL FROM SUNTRUST EQUIPMENT FINANCING & LEASING CORP. TO PROVIDE THE COUNTY WITH A LOAN TO FINANCE THE ACQUISITION OF THE ENVIRONMENT ALL Y SENSITIVE LAND; AUTHORIZING THE EXECUTION OF A BOND TO EVIDENCE SUCH BORROWING; AUTHORIZING THE BOND TO BE PAYABLE FROM AD VALOREM TAXATION TO BE LEVIED IN AN AMOUNT NOT TO EXCEED ONE-QUARTER OF A MIL ON ALL TAXABLE PROPERTY WITHIN THE COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO THE BOND; DELEGATING CERTAIN AUTHORITY TO THE CHAIRMAN AND OTHER OFFICERS OF THE COUNTY; APPOINTING THE COUNTY AS PAYING AGENT AND REGISTRAR FOR THE BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. - ADOPTED Page 97 November 18, 2008 MR. MUDD: Commissioner, that would bring us back to the continuation of Item 10E and 10F that you tabled prior to lunch, and that has to do with the sale and purchase of the Pepper Ranch. CHAIRMAN HENNING: Mr. Grant, I think -- oh, actually we're supposed to hear from Mr. Y onkosky first, I believe, and Mr. Grant was going to follow up. MR. YONKOSKY: We have provided -- Commissioners, John Y onkosky, budget director. We've provided the interest run to Mr. Grant, and he will explain that, what they're willing to do for you, and then we'll talk about the financing, if that's okay. CHAIRMAN HENNING: Yes. Thank you. MR. GRANT: Commissioner, Richard Grant, for the record, counsel to Lake Trafford Ranch LLLP. You've asked the seller ifit would consider self-financing at 0 percent interest rate and do so on a basis where the payment schedules that would be made would come in based on county anticipated revenues from the Conservation Collier Program, which using the numbers the county budget staff had developed, would retire the -- and preface that by saying, assuming that the amount that would have been financed by the seller would have been $21 million. Using the county figures, that would get paid off sometime in March of2010, a little bit less than a year and a half from now. Sellers are willing to do the following. And let me just -- I'll explain it -- how we get there, and I'll give you the number. The seller would like to have the county buy the property for cash, not finance it. It would like the county to close on the purchase in calendar year 2008, it will be the last week of the month, right before Christmas. CHAIRMAN HENNING: Can you speak up just a little bit? MR. GRANT: Sure. The proposal is that the sellers are willing to -- I'll preface it, the sellers are willing to reduce the price, okay, and Page 98 November 18, 2008 I'm going to explain how that price reduction comes about. The purchase would be for cash in 2008. It can be at the end of the year. The price reduction would be based upon the interest factor that would have been saved by the county had the seller financed it as proposed by Commissioner Halas, meaning a $21 million seller-financed purchase money debt paid with a big installment in March of 20 1 0 based upon revenues coming in at that time. Of course, the county budget staff estimates it to be about $10 million. So that would reduce the $21 million note down to 11 million, with the balance assumed to be paid offby 2010, March of that year. So basically the interest the county would have saved had that occurred would be interest on $21 million for the period from the end of December until sometime in March of 2009 on $21 million, and then interest on an $11 million balance, that is to say $21 million less the principal payment of $10 million in March for one more year. Those figures are -- and your budget people can confirm it. They've given it to me. I didn't calculate it, but they look correct. The interest savings in total for that period of time would be $674,919. So that's interest which, had the seller financed it, would be saved by the county. The seller is willing to reduce the purchase price if the county will buy the property for cash, closing in 2008, by $674,919. And the seller would like the contract to reflect that this is a bargain sale based upon the average of the two appraisals which the county had which is the basis for which the commission previously approved this purchase at the higher price. CHAIRMAN HENNING: Okay. Questions? MR. GRANT: So it saves the county $674,919. COMMISSIONER HALAS: I make a motion that we approve this sale of this land with the -- what's just been stipulated by Mr. Grant in regards to the savings to the county of $674,000. MR. MUDD: $674,919, to be specific. MR. GRANT: And I think there might be 50 cents. Page 99 November 18,2008 MR. MUDD: Then let's add 50 cents to it. MR. GRANT: They have the exact figure. I rounded it off. COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: Okay. So that's a cash price prior to the end of the year, this fiscal -- or 2008. I shouldn't say fiscal. MR. MUDD: Yes, sir. With your draw of21 million plus cash on hand, it would have been a cash deal with the interest rate on $21,000. And I'll -- also understand that the $21,000 finance acquisition based on the documents that are available, the board can draw less than $21 million, okay, on that bond based on the particular issue. And what I'm -- my recommendation to the board would be that we do so and you basically -- the representative landowners' basically said they want to close by the end of this calendar year, that we -- that we do the closure so that we can have it all there for the board around the 16th of December. MR. YONKOSKY: Right. MR. MUDD: We figure out what we get on the November draw for people that pay -- most people pay -- the majority of people in Collier County pay their taxes in November so they can get that 4 percent deduction. We take a look at those proceeds that are coming in to Conservation Collier, acquire those dollars with cash on hand, and then reduce that amount of draw. So not only do we get the savings from the interest payment -- yes, it's not $2.1 million, but on our estimate, we'll get close to about 1.5 total in savings on interest by doing that. With the offer from the landowners for the $674,919.50 plus that particular savings, the total would be about 1.5 million in savings as far as interest is concerned. CHAIRMAN HENNING: Okay. Just for my own clarification, you're doing the finance? MR. GRANT: No, no. The county is paying cash, but you're getting the benefit of what you would have gotten had the seller done it. You're getting the economic benefit. Page 100 November 18, 2008 CHAIRMAN HENNING: The -- you mean at a 0 interest rate if the -- MR. GRANT: Well, it's simply -- it's reducing the purchase price by the present value of the interest carried you would have otherwise been -- CHAIRMAN HENNING: We're still going to pay more interest, so I just want to make sure everybody understands that. What Commissioner Halas has offered was a 0 interest so it was based upon a deduction of the sellers carrying it. MR. GRANT: Well, Commissioner, I've explained what the seller's willing to do. CHAIRMAN HENNING: I understand. MR. GRANT: And the basis for it is on the assumption that was laid out here earlier, of anticipated revenues coming in that would have retired the debt. COMMISSIONER HALAS: I think -- ifI can interject here. I believe that what we're going to basically see overall is $1.5 million savings to the taxpayer; is that correct, John? MR. YONKOSKY: Yes, sir, $1.484 million. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, question. The motion, does that cover both Items E and F, or just F? CHAIRMAN HENNING: No. It's just E, and then we'll have to do a separate motion on F. COMMISSIONER COLETTA: Okay. CHAIRMAN HENNING: Correct? COMMISSIONER COLETTA: I understand. CHAIRMAN HENNING: There's a motion by Commissioner Halas. MR. GRANT: Commissioner, could I ask if that motion included the concept that this would be treated as a bargain sale. Page 10 1 November 18, 2008 COMMISSIONER HALAS: Yes. MR. GRANT: Thank you. COMMISSIONER HALAS: That's in the motion. MR. GRANT: Thank you. CHAIRMAN HENNING: Second by Commissioner Fiala. Mr. Klatzkow, do you have anything? MR. KLA TZKOW: Nope. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. Motion carries, 3-1. MR. GRANT: Thank you, Commissioners. CHAIRMAN HENNING: Now 10F. MR. MUDD: Now, F is how to fin- -- how to finance the remainder. I've read it already before, to borrow money not to exceed $21 million, and I believe it will be at least $9 million less than 21 million that you borrow. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas to approve, second by Commissioner Coletta. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. Page 102 November 18, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Now -- COMMISSIONER HALAS: Thank you to the sellers of that property. We appreciate it, and it will be put into -- into preserve forever and ever. Thank you. CHAIRMAN HENNING: I thought we were going to have -- hold the opportunity to put an asphalt plant there. MR. MUDD: Commissioner, that brings us to a decision point with the commission. You had an 11 -- if you could keep it down, please, ladies and gentlemen. Item #lOB AN AMENDED AND REST A TED US41 DEVELOPERS CONSORTIUM (CONSORTIUM) DEVELOPER CONTRIBUTION AGREEMENT (DCA), RECORDED IN O.R. BOOK 4303, PAGE 2349. (CTS)- STAFF RECOMMENDATIONS APPROVED MR MUDD: It brings us to an 11 :30 time certain which was lOB that was going to talk about a developers contribution agreement. Basically at -- on the intersection of US. 41/951. It's the US. 41 developers consortium. CHAIRMAN HENNING: Let's take that one. MR. MUDD: Okay. And I'll read it in full. lOB. This item is continued from the October 28th, 2008, BCC meeting. It's a recommendation to approve an amendment and restated U.S. 41 developers consortium developers contribution agreement recorded in OR Book 4303, Page 2349. Due to the size of Exhibit 1 and 2, copies are available in the County Manager's Office. Page 103 November 18, 2008 Mr. Nick Casalanguida, your transportation planning director, will present. MR. CASALANGUIDA: Good afternoon, Mr. Chairman, Commissioners. Nick Casalanguida, for the record. If you give me a second; I want to get the displays up for us. COMMISSIONER FIALA: I'd like to make a motion to approve the -- COMMISSIONER HALAS: Second. COMMISSIONER FIALA: -- the amended and restated consortium DCA which supersedes and replaces the DCA originally recorded in OR book. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve staffs recommendation, second by Commissioner Halas. Discussion? Commissioner Coletta? COMMISSIONER COLETTA: Yes. Just briefly, for the benefit of our listening audience and the people here, could you give a brief description of what's being planned -- MR. CASALANGUIDA: Sure. COMMISSIONER COLETTA: -- how this property will be reused? MR. CASALANGUIDA: Sure. There's an exhibit on the wall right now which is what the ultimate condition would look like. We had an original intersection improvement which did not require -- or did not include removing the skew that was there. So we went back and kind of relooked at the intersection, but we did it with the long-range vision of that intersection, what it needs to be in the ultimate footprint. And I'll take a walk to the viewer and I'll just turn the microphone on. What we did north is to my right. We looked at this intersection which now meets this intersection at a skew right now. We came back and we did a right-of-way shift to the north and realigned it. November 18, 2008 We took into consideration the ultimate footprint for grade separation. And what we did was we replaced the outside footprint for the ultimate condition and we set in a potential SPOI, single point over interchange, similar to what you have at Golden Gate Parkway. This condition at grade without that interchange functions till 2030, so we bought ourselves a lot of time by limiting that skew and putting in continuous flow right-turn lanes there as well. We'll go into designs if this agreement goes forward as, you know, expected to in the next 90 days, begin construction sometime in 2012, and complete it sometime in 2013. And that's the gist of the project. If you have more questions, I can walk you through some more details. COMMISSIONER COLETTA: If you could just mention who's paying for it. MR. CASALANGUIDA: This is fully funded from the developer contribution agreement as a prepayment of impact fees. COMMISSIONER COLETTA: Thank you. COMMISSIONER FIALA: But you might mention that this does not guarantee anybody zoning. This is not a zoning by right when they -- whey they've done this. This is something that they all realize, that they're all aware of, that everybody has participated in this development contribution agreement -- developers contribution agreement because they can't move forward unless we get this road fixed, right? MR. CASALANGUIDA: That's correct. Couple points is that you can't -- this is a concurrency transportation issue. That's all it solves. It gets transportation concurrency. If you have any sort of zoning or site development plans, you still have to go through the normal process to get that approved. And for the record, if the bond is not posted for any reason in 90 days, we intend to return any monies that are paid back to the folks that paid it. Page 105 November 18,2008 I'd like to thank the county attorney and Laurie Beard who works with me. Without their help, I couldn't get these things done. CHAIRMAN HENNING: Commissioner Halas, and then I have some questions. COMMISSIONER HALAS: I want to thank you and the people that were involved in putting together this consortium and involved in trying to address some of our future needs for transportation, thank each and every one of you for being involved in this process. And we hopefully will move forward. And I believe within, what, 90 days there will be $3 million that will be put into this to get started with the engineering portion of this; is that correct? MR. CASALANGUIDA: Three million within 30 days and another 19 million within 90 days. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN HENNING: This is an amended development contribution agreement, correct? MR. CASALANGUIDA: Amended and restated, sir, that's correct. CHAIRMAN HENNING: Okay. What was the value -- the previous value of the developer agreement? MR. CASALANGUIDA: The engineer's estimate at that time was 54 million. The consortium thought they could do it for about 35 million. CHAIRMAN HENNING: It was -- the county was going to receive 54 million? MR. CASALANGUIDA: That was the engineer's estimate. Their estimate was about 35 million. We were very conservative with our estimate. CHAIRMAN HENNING: The county's going to receive 38 million? MR. CASALANGUIDA: We were going to get about 28 million Page 106 November 18,2008 impact fee credits we were going to issue out, and we were going to get a project that was valued between 35 and $53 million. Remember, we use those estimates based on 2007 costs, and as costs have come down, they're anticipating to reap the benefit of that cost reduction. CHAIRMAN HENNING: But in the old DCA, wasn't we going to take U.S. 41 from two lanes to four lanes in certain segments? MR. CASALANGUIDA: We were about two miles to the east, but were not going to fix the intersection the way we have here. CHAIRMAN HENNING: Okay. Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: Any further questions on the motion? (N 0 response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Aye. Motion carries, 4-1 (sic). COMMISSIONER FIALA: 3-1. MR. MUDD: 3-1. CHAIRMAN HENNING: 3-1. Seems like a norm. Thank you. MR. CASALANGUIDA: Thank you, Commissioners. Item #101 RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BOARD) PROVIDE DIRECTION TO STAFF CONCERNING THE USE OF EXCESS TURN BACK FROM THE Page 107 November 18, 2008 CONSTITUTIONAL OFFICERS - MOTION TO APPROVE THE AMENDED SPREADSHEET - APPROVED MR. MUDD: Commissioners, that brings us to 101, and we're only 19 minutes off, so we're doing pretty well. This item to be heard at 1 p.m. and after 12B. It is to recommend the Board of County Commissioners provide direction to staff concerning the use of excess tumback from the constitutional officers. Mr. John Yonkosky, your office of management budget, will present. MR. YONKOSKY: Good afternoon, Commissioners. John Y onkosky. Item 101 is a recommendation for the Board of County Commissioners to provide direction to staff concerning the allocation of excess turnback from the constitutional officers. As -- Mr. Mudd told you last month and during the budget hearings that he would come back to the first meeting in November with a firm amount for you to look at and to provide direction to staff on the allocation. There was -- as you can see from the executive summary that the constitutional officers turned back in excess of what was budgeted, $10,566,584. Of that amount, the taxable value decreased from when it was presented to you in September. We received taxable values in -- on October 1st, which were reduced, and that reduction was $1,820,000, leaving a net of 8,746,584. There are three items, two of them were on your agenda today, that we recommend that the board should fund. Those -- and two of them that -- first one was the accumulated $2 court fee -- or $2 fee for court technology was approved on your consent agenda this morning, and the increase in unemployment compensation as a result of economic conditions were approved this morning. What will come to you in the future is a repayment to FEMA for insurance reimbursements. We were paid for -- by FEMA, and we Page 108 November 18,2008 received insurance reimbursements. We're coming close to a reckoning time, and right now we estimate that that will -- you will be required to approve a payback to FEMA of 788,000. That leaves $7,000,401 (sic) for -- $7,401,567 to allocate. The-- and as you can see from looking at the sheet, that that's approximately $2,663,792 short. You were provided an allocation sheet, and if we -- I don't know whether we have that allocation sheet back, all of them yet or not. MR. MUDD: Commissioners, I returned your original particular sheets. I even have a sheet from Commissioner Coyle that I was given at noon today by Ms. Filson in a sealed envelope, and I didn't consolidate. Commissioner Henning wanted to, on his sheet, wanted to hear with the public -- public comment prior to his vote. So I returned it back to the board, and whichever things you want to do. And then, Commissioner, if you want to at the end, I can -- we can take a 10-minute break. I'll try to consolidate and get those sheets back. CHAIRMAN HENNING: The -- does anybody have a problem with waiting till the public speaks for direction prior to following them out? COMMISSIONER FIALA: Best way. COMMISSIONER COLETTA: No. CHAIRMAN HENNING: Correct. Then I have a question about Commissioner Coyle's participation. You were going to include his in that? MR. MUDD: Commissioner, all I have is, he returned the sheet based on the memo that I put out around 12 noon. The intent was to try to get all the commissioners' allocations down on the sheet so everybody could get those, hear public petition, change whatever you want in order to aid the discussion. You can do whatever you want. I'm just going to show you the way he did it, and you can decide if you want to keep that vote or not. Page 109 November 18, 2008 CHAIRMAN HENNING: That really didn't explain it to me. MR. KLATZKOW: He's not here. He doesn't vote. CHAIRMAN HENNING: Right, doesn't have a -- he has a choice to be here or not participate in it. Commissioner Halas. COMMISSIONER HALAS: Yeah. All I'll say is I've done a lot of soul searching on this, and how I've come up or the figures that I've come up with, I'm sticking with. Okay. CHAIRMAN HENNING: Okay, great. Anybody else? How many public speakers do we have? MS. FILSON: Thirty-six. CHAIRMAN HENNING: Thirty-six. Okay. Now, I know -- I've heard from a couple of people that had doctor's appointments or previous appointments. Does the board have a problem with starting with those speakers? And those were who? Mr. Shafto, Bob Shafto. And three minutes, try to keep it as short as possible. And what we're going to do before Mr. Shafto speaks, we're going to call up the next speaker, come over here, and we're going to keep on alternating and see how fast we can do this. MS. FILSON: Michael Moore. After Mr. Moore is Bill Lyon. MR. SHAFTO: Hi. My name is Bob Shafto, and my wife and I live in Quail Creek Country Club, and I'm here to ask for your support for landscaping on Immokalee Road. This is what it looks like right now. You've done a great job in the beautification and landscaping of all the Naples roads. All of these roads are really outstanding and make a statement about Naples. The work that you've done on Livingston, Golden Gate, all have been very, very attractive. Landscaping does increase the property values, and the developers know that. They invest in landscaping. They invest millions in landscaping. In a lot of ways, Naples sells because of the quality of the landscaping. The Vineyards here, for example, did a Page 11 0 November 18, 2008 great job in a public road landscaping. Property values are increased by the quality of the landscaping. Now, Immokalee Road has increased traffic, and that will continue to increase, as we know, because of the growth of all of the homes east of 951. That increased traffic needs landscaping. If you postpone this, there will be a major backlog of obligations into the future. We would like your support of landscaping Immokalee Road between 75 and 951. Thanks for your attention. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Michael Moore. He'll be followed by Bill Lyon, who will be followed by Diane Ebert. MR. MOORE: Good afternoon. My name is Mike Moore. I'm the president of the homeowners association at Saturnia Lakes on Immokalee Road. On behalf of my family as well as the other 580 families at Saturnia Lakes, I'd like to request that Collier County fulfill its promise to landscape Immokalee Road from 1-75 to Collier Boulevard. In early 2003, the county established a policy or mission to provide signature appearance of major roadways through landscaping that reflects the unique character of Naples, Collier County. Then to implement this general policy, the Board of County Commissioners established a landscape beautification master plan which provides for fully landscaped medians and trees along the sides ofthe major roadways. This plan was so well-conceived by the staff and commission that it even anticipated that future economic downturns or budget crunches may tempt us to defer during this essential landscaping work. Again, quoting from the county website, the plan description states as follows: The schedule for landscape construction is based on transportation engineering and construction management's five-year road construction work plan. This action assures that the landscaping is constructed following road construction, unquote. Page 111 November 18, 2008 So by specifically addressing the time schedule for doing the landscaping, the plan seems very unequivocal in tying the landscape work to the road work. If the landscaping gets decoupled or derailed and does not proceed as an integral component of our road building, then we'll be playing catch-up-all for years to come. The argument could be made that we may never catch up. I think there's broader, greener (sic) regarding benefits of roadway landscaping, including traffic calming, screening of adjacent properties, noise attenuation, improved property values, and a pleasant community ambiance. So for all these reasons, we implore the commission to keep its word and maintain signature appearance of major roadways through landscaping, just as we said we would. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Bill Lyon. He'll be followed by Diane Ebert, who will be followed by Roger Simm. CHAIRMAN HENNING: Diane Ebert just -- she said she's going to waive. MS. FILSON: Okay. Then Roger Simm. MR. LYON: Good afternoon. I'm Bill Lyon, president ofthe Island Walk Homeowners Association, representing 1,856 homes and about 4,000 residents. I'd first like to thank the commissioners for giving me the opportunity to address them again regarding our plea for landscaping along Vanderbilt Beach Road. I think our patience in our community has been considerable for the past four years as we've looked forward to the completion of the road now scheduled for the end of this year. We understand and sympathize with the county concerning the problems they have experienced with construction improvements during this period. Our residents are most concerned that when the Page 112 November 18,2008 road is completed, if landscape is not immediately completed, a considerable eyesore will result in front of our community. I think we need to look no further than what the median and roadsides have looked like during the latter stages of construction to imagine what an unkempt, overgrown situation we and our guests would have to look at daily. The concern of our residents is also evidenced by the petition of over -- of 700 Island Walk residents' signatures that we have presented to the commissioners. We also realize that unless you act today to find funding for this landscaping both in the median and at the roadsides, we will have to face this problem for at least another year. The county has established a policy of completing or landscaping as roadways have been completed with much success and admiration from residents. This policy needs to be continued so that Island Walk and other communities along Vanderbilt Beach Road can enjoy these same nicely landscaped areas along our new roadways. Residents along the Vanderbilt Beach Road corridor in question pay over an estimated $22 million in property taxes annually. If this landscaping is put off to a future date, it just postpones the county's obligation. I would also imagine that there would be an additional cost to come back at a future date to complete the landscaping as opposed to completing it now. In this awful real estate market, we continue to keep our community up to our traditional high standards. Attractive landscaping along Vanderbilt Beach Road will help increase property values and complement the work we have done inside our community. Studies have shown that landscaping is calming, slows traffic down to a proper level. Landscaping is what sells Naples and the fine communities such as Island Walk that strive to keep up our standards. Besides helping fulfill the county's commitment to Island Walk, completing the landscaping along Vanderbilt Road (sic) helps the Page 113 November 18, 2008 county complete the fine landscaping standards it has established as part of the landscape master plan. Please do what you have to to complete the project by doing the landscaping now and satisfying our residents. Please make the landscaping of Vanderbilt Beach Road your number one priority today to payout of the tumback funds. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Roger Simm. He'll be followed by Darlene Johnson, who will be followed by Flo Marcinkowski. MR. SIMM: Thank you. I'm Roger Simm, and I'm here today speaking on behalf of not only the residents of Island Walk where I serve on the board of directors, but every homeowner and every association on Vanderbilt Beach Road from Airport-Pulling to Collier Boulevard. The county has unwittingly united us in the dispute over, believe it or not, the mowing of grass. The county had let it be known that unless funds are approved today, Vanderbilt Beach Road will only be mowed once every 10 weeks in 2009, and that if homeowner associations along the road want to maintain a well-groomed appearance, they will have to pick up the slack. We have 1,856 homes in Island Walk, and I can assure you that from the response I have been getting from our residents, the vast, vast majority of them will not support our homeowners association paying to cut the grass on county property. For Island Walk, the cost of mowing county property would be in the tens of thousands of dollars for the coming year. Even if this were the best of economic times, I would be here today telling you that our residents are firmly opposed to us assuming this county responsibility, and as you are painfully aware, these are not the best of times. Our association has only one source of funds, and that's our residents. They've made it clear to me that they would rather see Page 114 November 18, 2008 county property on Vanderbilt Beach Road turn into a sea of grass than have to spend one penny mowing it. Tomorrow night our residents will have the opportunity to tell the full board of directors exactly what they expect when it comes to our budget for the coming here. I can only hope that the message we bring back from today's meeting is that the county will honor its obligations and that our residents will be able to enjoy their little well-mowed corner of paradise. Thank you. MS. FILSON: The next speaker is Darlene Johnson. She'll be followed by Flo Marcinkowski, who will be followed by Henry Nardone. MS. JOHNSON: My name is Darlene Johnson, and I am a regular rider of the Collier Area Transit. It is proposed that there will be a decrease in funding for the Collier Area Transit as well as decrease in some of the routes, elimination of some of the routes. I happen to live one-half mile from a route that is being eliminated. Being able to ride the Collier Area Transit affords me the opportunity to patronize art shows and festivals, special events during the daytime, go to the Farmer's Market, keep doctors' appointments most of all, and I do shopping in the City of Naples. Other riders who will be affected by the elimination of Route 4B, other riders that I see are European visitors, South American tourists. I regularly see chefs and servers who come into town to the City of Naples to work, hospital employees, mall employees, college students, and the Marco Island riders who are employees who return to the Super Wal*Mart west of Tamiami Trail going toward Marco on Collier Boulevard. There is a 4 o'clock bus, the 4B, that meets the Marco Island bus that brings the individuals who work on Marco Island back to Collier -- the area around Naples. F or recommendation of making comparisons of equal or approximately equal demographics, I brought the October issue of the Page 115 November 18, 2008 AARP magazine which did a survey and it's listed -- has listed the 10 healthiest home towns to live in, and one is Ann Arbor, Michigan; one is also Naples. CHAIRMAN HENNING: Thank you. MS. JOHNSON: But Ann Arbor, Michigan has an efficient and affordable -- CHAIRMAN HENNING: Ma'am, you need to wrap up. MS. JOHNSON: Okay. CHAIRMAN HENNING: We have to get to other speakers. MS. JOHNSON: One thing that's very important in regards to the study of Ann Arbor, Michigan, would be that it has an affordable and efficient bus system for a town of this size. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Flo Marcinkowski. She'll be followed by Henry Nardone, who will be followed by Marsha Divinitz. MS. MARCINKOWSKI: Good afternoon. My name is Flo Marcinkowski, and I'm here representing The Orchards, a development on Vanderbilt Beach Road. We're the first community east of Airport Road and we're first to have our road widened to six lanes. All our residents, along with other Vanderbilt Beach Road communities, have been watching the many roads around us being landscaped as we waited patiently for our turn. We were advised in October of 2007 that VBR was under design for landscaping and construction to begin in April, 2009. We were very disappointed to learn on October 7th, 2008, that no funds were available and landscaping was put on hold. We look to our county commissioners to allocate the funds from the turnback money and initiate and complete the landscaping of VBR. This would enhance our properties and compensate for much of the construction delays our Vanderbilt Beach Road communities have had to endure. Page 116 November 18,2008 Thank you for your consideration of our appeal. CHAIRMAN HENNING: Thank you. MS. FILSON: Henry Nardone. He'll be followed by Marsha Divinitz, who will be followed by Marci Sanders. MR. NARDONE: Good afternoon, Mr. Chairman, Commissioners. My name is Henry Nardone. My wife and I live out in Island Walk, which is on Vanderbilt Beach Road, as do a whole bunch of people sitting here in this audience. I'm the chairman of the External Affairs Committee at Island Walk, and I've been asked to come and ask you to put the three landscaping projects as number one on your sheets that you have there. Yes, I live on Vanderbilt Beach Road and we -- I want Vanderbilt Beach Road done. I also would like to see Rattlesnake Hammock Road done and the rest of Immokalee Road. They were all planned and all approved. As I've heard Commissioner Fiala say before, that the landscaping calms people, slows them down. When these roads are done, and ours particularly is six lanes, that's as big as 1-75, and I'm sure none of you and none of us want people driving as fast on Vanderbilt Beach Roach as they drive on 1-75. So that's -- I want you to please keep that in mind. Also remember that these three projects are -- you know, yes, they're on Vanderbilt and yes, they're on Rattlesnake, but they're in Collier County, and all of these things add to the beautification of Collier County and make Collier County what Collier County is. So I ask you, my fellow residents at Island Walk ask you, please do these landscaping projects. Thank you for your time. CHAIRMAN HENNING: Thank you. MS. FILSON: Marsha Divinitz. She'll be followed by Marci Sanders, who will be followed by George Welce (sic). Page 117 November 18, 2008 MS. DIVINITZ: Good afternoon. I'm Marsha Divinitz, and I'm the treasurer of Island Walk Homeowners Association on Vanderbilt Beach Road at the corner of Logan Boulevard. This is a plea for turnback funds. I am representing the hard-working, tax-paying citizens at Island Walk. We are 1,856 homes, as I'm sure you've heard earlier, with approximately 4,000 residents. We, Naples residents, have the most beautifully landscaped roadways many visitors and potential buyers have never before experienced. For example, Goodlette-Frank Road, Livingston Road, and Golden Gate Parkway, to name a few; however, we, the residents of Island Walk, have nothing to show for our tax dollars, just knee-high grass in the medians. We have been told the county could not even afford to cut the glass. What are we to do? Why has Vanderbilt Beach Road been singled out not to have landscaping on our new roadway? Island Walk is presently preparing our budget for 2009, and times are tough. I'm sure we've all heard it, yet we keep up the standards of our community. We do not, however, have funds to cut county grass or install landscaping on county property . We were patient during the four years of nothing but empty promises and delayed construction. We had dirt in our homes. We have dealt with our lane changes too numerous to count. We fear that the shabby appearance of Vanderbilt Beach Road will discourage potential buyers. Now the work is finally nearing completion, and we want the same beautiful landscaping the county has installed and maintained on all the other new roadways in Naples. Please find the funding and do the right thing for the communities on Vanderbilt Beach Road. Thank you for your time. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Marci Sanders. She'll be followed by George Welce (sic), who will be followed by Ernesto Page 118 November 18, 2008 Mangual. MS. SANDERS: Good afternoon. Marci Sanders, and I'm the director of operations at the Shelter for Abused Women and Children here in Naples. I'm here to support the David Lawrence request for additional funding. When victims of domestic violence come to our shelter for help, they are usually suffering from a myriad of issues and problems. Our advocates and counselors help them with their immediate life issues such as safety and jobs and healthcare and schooling for their children, but when our victims have mental health or substance abuse problems, we have to send them to David Lawrence, and they do a fantastic job of helping our clients, and they're the only place that does. If we did not have David Lawrence, I don't know where our women and children would go. The nonprofit social service network in this county is a really complex web of a lot of people helping the citizens of Collier County. When something impacts one of those social services, it impacts all of us. If we can't send our people to David Lawrence for mental health and substance abuse help, they cannot become productive, independent members of our community. So we respectfully request that you approve David Lawrence Centers' request for additional funding. Thank you. MS. FILSON: The next speaker is George Welch. Sorry, George. He'll be followed by Ernesto Mangual, who will be followed by Joni Blanchard. MR. WELCH: Good afternoon, Commissioners. For the record, Lieutenant George Welch of the Collier County Sheriffs Office. That's W-E-L-C-H. I'm here on behalf of the sheriff and his staff to show support for David Lawrence's request to continue funding for the Juvenile Crisis Unit. Page 119 November 18,2008 Whether or not we like it or not, David Lawrence is the only game in town when it comes to crisis stabilization for individuals suffering from mental illness who are in crisis. With juveniles, it's particularly tricky. There is nowhere else to take them in Collier County. As a designated transportation service for Baker Acts in Collier County, we are responsible to get those individuals in crisis to David Lawrence, and without a crisis unit for juveniles, subsequently we're going to be responsible to get them to a crisis unit somewhere that's able to take them, whether that be in Lee County, Charlotte County, Sarasota, or even Miami-Dade County. I wish I could be up here talking about something as friendly as trees in the street, but I can't. This has a tremendous impact. As a parent myself with teen-aged children, I couldn't imagine one of them being suicidal or a threat to others and in crisis and having to go to a crisis unit not even in my own county. To actually have to leave my child in the hands of someone else somewhere out of the county and then me as a parent have to find a way to get up to them to help them through that, I couldn't tolerate that. So on behalf of me as a taxpayer and as a citizen and on behalf of the Sheriffs Office, we endorse David Lawrence's request and we hope that you'll support it. Thank you. MS. FILSON: Ernesto Mangual. He'll be-- MR. SCHIMMEL: Ernesto would like to defer to me, is that all right? CHAIRMAN HENNING: Fine. MS. FILSON: He'll be followed by Joni Blanchard. CHAIRMAN HENNING: So you're going to take your time and Ernesto's time. MR. SCHIMMEL: I'm going to take care of my time and Ernesto's. I'm going to save you time, Commissioners. CHAIRMAN HENNING: That's great. Can you save us any money? Page 120 November 18, 2008 MR. SCHIMMEL: We'll have to talk about landscaping. CHAIRMAN HENNING: So what do you feel about landscaping? MR. SCHIMMEL: I think we all should have some. I'm Dave Schimmel, the CEO of the David Lawrence Center, and I'm back. And it's important that you know that there are a lot of people who support funding the Baker Act proceeding facility. Would you guys stand up if you're here to support that. Thank you. And unfortunately, I don't have room in that crisis unit for any of these folks. We will see about a thousand people this year and about 500 people won't be able to get in. And as you know, in the summertime I came and requested $1.2 million so that we could expand the crisis unit, and that's the ultimate solution for us. As you also know, we requested $300,000 to just help us continue to keep the 14 beds we have right now open. With your support we can maintain those 14 beds. With another $300,000, we could add two additional beds to deal with the backlog. At any point in time, we've got eight people waiting in area hospitals to be transferred to our unit. This is a mandated service. When you talk about health, welfare, and safety, this is essential to this community. The Baker Act unit cares for people who are a danger to themselves or someone else because of a major mental illness. So it's imperative that we provide care to people early. It saves you $10 for every one dollar invested because we're able to keep people out of the criminal justice system, we're able to keep people out of hospitals, and we're able to keep people out of institutional care, which is about $140,000 a year. I'll be back next budget time because we have to find a long-term solution, and the long-term solution, unfortunately, is more extensive. The state is not participating and they are reducing their funding. This is a local problem and we've got to come up with a local solution. Page 121 November 18, 2008 Help us keep the most vulnerable citizens and the rest of the community safe. Treating people in crisis units is far more cost effective. You're ultimately going to save taxpayer dollars. The need to fund these beds is essential to the health, safety, and welfare of the community . There are probably several people that will defer to my speaking because they're somewhat anxious to be here, so thanks for your consideration. CHAIRMAN HENNING: Dave, before you go. MR. SCHIMMEL: Yeah. CHAIRMAN HENNING: And that was very kind of you to do that, and you do have a lot of support in the community. I just want to say that it is a priority of your request. It is what I put down in here, and I would ask the other commissioners the same question, is it a priority? And maybe we can just move on from there. Commissioner Coletta? COMMISSIONER COLETTA: Very good of you, Commissioner Henning. Yes, I got $600,000 marked down on my request for funds. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: I had five. COMMISSIONER HALAS: I had 300,000. CHAIRMAN HENNING: The -- on the sheet it -- the spreadsheet it said 300,000. COMMISSIONER FIALA: Oh, yeah. That's what I had, yeah. MR. MUDD: Sir, that was -- CHAIRMAN HENNING: Based upon his correspondence? MR. MUDD: Yes, sir. You have a -- on Page 4 of 4 of your packet, there is an email request to me, copied to you, and I asked -- and I asked David if -- you know, I got a whole list of Medicare and in-county support. And I said, okay, what do you -- and you basically said, I request $300,000 for the adult crisis stabilization, and that's the Page 122 November 18, 2008 state CSU reduction that's sitting right there, and that's what $300,000 on your spreadsheet is for. MR. SCHIMMEL: Although, if you want to take an average. I mean, there's a lot of need out there, Commissioners. CHAIRMAN HENNING: I think you're pretty safe right now. Would you like to keep it at that? So I mean -- MR. SCHIMMEL: Safe? CHAIRMAN HENNING: On the funding, on your request. MR. SCHIMMEL: We're looking for any support we can get to meet the needs of the citizens of Collier County. CHAIRMAN HENNING: And we do understand that it is a priority and it really does save taxpayers money when you provide that service and the sheriffs department doesn't have to. So that's -- we could pretty much say that that's a safe item? MR. MUDD: I have three nods to at least fund him $300,000, and the board can talk about -- CHAIRMAN HENNING: There's four. MR. MUDD: -- that after. There's four. CHAIRMAN HENNING: All four of us. (Applause.) COMMISSIONER COLETTA: IfI may, Commissioner Henning? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: We did have the discussion going when we were questioning each other, and there's amounts above 300,000. You know, when we're talking about the number one priority for Collier County, I really think it deserves even more consideration than what we're talking about. (Applause.) COMMISSIONER COLETTA: I appreciate David trying to be extremely conservative, but I don't want him to be conservative to the point where we shorten (sic) our citizens as far as a very needed Page 123 November 18, 2008 service. And I would like us to give serious consideration to the $600,000 -- (Applause.) COMMISSIONER COLETTA: -- to be able to keep this going. CHAIRMAN HENNING: Please, it's really not necessary, and we need to move on. And Commissioner, I -- I mean, I have a lot of room on my spreadsheet. COMMISSIONER COLETTA: I do, too, Commissioner Henning. CHAIRMAN HENNING: But I know that things that I want, you haven't -- I'm sure you haven't put them down. So I'm willing to work with you to make sure that I get what I want and you get what you want, okay. COMMISSIONER COLETTA: Well-- CHAIRMAN HENNING: If there is no consideration of that, then we need to move on. COMMISSIONER COLETTA: Well, I'll give whatever I have to give to make sure that David C. Lawrence Center is fully funded for whatever we can do from here. If I have to give up landscaping in District 5 totally, I'll do it. But I want to see them funded to the point they can meet the public need. (Applause.) CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: You want to give them all your landscaping and give them a million dollars? COMMISSIONER COLETTA: Anything new. Anything new that's coming through in District 5, you can forget. Put it all to David C. Lawrence. CHAIRMAN HENNING: But the problem is, Commissioner Coletta, on the spreadsheet, there is no funding for District 5 landscaping. Page 124 November 18, 2008 COMMISSIONER COLETTA: You're absolutely correct, and I'm glad you pointed out that little bit of interest because of the fact that District 5 people do pay into this fund for the landscaping; however, with that said, I'm not asking for landscaping for District 5 even though the people that live in Eagle's Creek, the people that live in Heritage Bay, that live all the way out to Waterways and Orangetree have been expecting it, too, because I think the primary purpose right now is to be able to meet such things as the David C. Lawrence Center and the CAT system and even put some money in reserves, because next year's going to be even worse. COMMISSIONER HALAS: Better believe it. CHAIRMAN HENNING: Yeah. We need to make sure that consideration of David Lawrence's needs are met. So anyways, Dave, thanks. Always a pleasure to see you-- MR. SCHIMMEL: Thank you. CHAIRMAN HENNING: -- and be a partner in the community. MR. SCHMITT: Thanks. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Joni Blanchard. She'll be followed by Steven Mitchell. He'll be followed by Kathleen Adams. MS. BLANCHARD: Joni Blanchard. I defer to Mr. Schimmel. MS. FILSON: Steven Mitchell? Steven Mitchell? CHAIRMAN HENNING: He defers. MS. FILSON: Kathleen Adams? MS. ADAMS: I defer to Paul Feuer. MS. FILSON: Paul Feuer. He'll be followed by Cynthia Jones, who will be followed by Shaire Bosaglic (sic). CHAIRMAN HENNING: Paul, before you -- Cindy Jones, I think was the next speaker, and then to follow her? MS. FILSON: Paul. CHAIRMAN HENNING: Yeah, I know. I just told him to hang on. Page 125 November 18, 2008 MS. FILSON: And then -- oh, I'm sorry. And then Cynthia -- and then Cynthia Janes (sic). CHAIRMAN HENNING: Okay. MS. FILSON: Jones. CHAIRMAN HENNING: And then? MS. FILSON: Then Shaire-- MS. BOSGAGLIA: Bosgaglia (phonetic). I defer. MS. FILSON: There you go. MS. BOSGAGLIA: Thank you. CHAIRMAN HENNING: She waives. COMMISSIONER FIALA: Who are you deferring to? MS. BOSGAGLIA: Dave Schimmel. MS. FILSON: Kathryn Leib Hunter? MS. LEIB HUNTER: I'll defer to Dave Schimmel. MS. FILSON: Deborah Carr? CHAIRMAN HENNING: Okay, Paul. MR. FEUER: My name is Paul Feuer. I'm the -- presently serve as the president of Village Walk of Naples, and I want to thank the commissioners for giving me an opportunity to address the concerns of my community as well as our neighbors. Let me begin by saying that we're only requesting what we're entitled to. Nothing less, nothing more. The landscaping is still included in the master plan for Vanderbilt Beach Road. Had Vanderbilt Beach Road been completed as originally scheduled in June of 2007, the landscaping would have already been planted; therefore, failing to provide the landscaping would have -- in effect, be tantamount to penalizing us on the basis of poor performance by a subcontractor as well as inaccurate plans that failed to provide the correct locations of the underground utilities. This delay has forced our residents to endure an extra one-and-a-halfyears of hardship. As you're aware, that hardship was not exclusive to Village Walk. Our neighbors, such as Wilshire Lakes, Page 126 November 18, 2008 The Orchards, Tiburon, the Vineyards, Island Walk, The Cove, and others, have been enduring this hardship as well. I'm talking about approximately 14,000 residents that have been adversely impacted. Our residents have had to tolerate four years of disruption, inconvenience, dirt, mud, standing water, grime, bumps and potholes going on into and out of our communities, traffic congestion, accidents, and pollution, a huge eyesore impacting our resale value and legitimate homeowner complaints. We certainly recognize that there are times that progress will come at the expense of inconvenience. Our community and our neighbors have graciously accepted this inconvenience. We have been extremely patient despite the extended delay and disruption. It would be unfair for our homeowners to live with an incomplete and unattractive road, especially after tolerating all these years of hardship and inconvenience. Please don't put the homeowners through another disruption a few years down the road. It would also be more costly to the county to complete the road and the landscaping in stages. Please do the right thing. Complete the road with the landscaping as intended. It will be a win-win for your constituents, as well as for the county. Let's make this priority number one, just as you have done for other communities. Thank you. MS. FILSON: The next speaker is Cynthia Jones. She'll be followed by Deborah Carr, who will be followed by Polly Keller. MS. JONES: Hello, everyone. My name is Cynthia Jones, and I have a son who died from suicide. I am here today to lend my support to the David Lawrence Center request for funding because I don't want what has happened to my son to happen to any family in Collier County. My son committed suicide six years ago when he was 19 years old. We lived in a small town in Indiana that didn't have a crisis stabilization unit. The only resources we had was a regular medical Page 127 November 18, 2008 doctor who inappropriately diagnosed and medicated him for depression. In hindsight, I know now he was most -- he most likely suffered from schizophrenia, a much more serious mental illness. I am here not just to protect the lives of those with a mental illness, but the community as a whole. When someone is in psychosis, they are a danger to themselves and others when not properly medicated and treated by a psychiatrist. Before he died, my son attacked my husband while in a psychotic episode ripping his skull open with his bare hands. We had to call the ambulance and we had to call the police and get them involved. Making sure that people can access crisis stabilization services when they need it is critical for public safety concerns. After I relocated to Naples, I personally came to the David Lawrence Center for outpatient counseling to cope with the loss of my son. Without the help they gave me, I am not sure I would be standing here in front of you today. There is nothing, nothing more devastating when they closed that casket lid and you know there will be no more goodbyes, there will be no more see-you-tomorrows, hugs, kisses, or I-Iove-yous only the sorrowful words, "Rest in piece". Don't let another mother's child die unnecessarily. Please support the David Lawrence Center's request for 300,000 for the adult crisis stabilization unit. Thank you very much for your time. CHAIRMAN HENNING: Thank you. (Applause.) MS. FILSON: The next speaker is Deborah Carr; she will be followed by Polly Keller, who will be followed by Deborah Stewart. MS. CARR: Thank you, Mr. Chairman and Board of County Commissioners. I'm here to represent Community Coordinated Care for Children, also known as, 4C, and the Early Learning Coalition of Southwest Florida and to request funding support for the Early Page 128 November 18,2008 Learning Childcare Subsidy Program. This program is a vital program in Collier County serving currently over 1,800 children of working-poor parents. The program provides childcare assistance for families who are struggling to make ends meet so that parents can work and be contributing members of society while resting assured that their children are cared for in quality early learning programs that prepare them not only for school success, but ultimately for life's success. The program isn't a hand up -- handout, excuse me, it's a hand up to a better future for thousands of these families that otherwise fall through the cracks. The money to operate this program comes from state and federal tax dollars. And in order to draw this funding down into our community, 4C and the coalition must raise 6 percent in local match funding. That funding amount this year for the 2008/2009 program year is $160,000, and we have raised 12,000 thus far with -- the general support of the community foundation of Collier County and the Moorings Presbyterian Church. Weare asking for support for the remaining -- we're asking for 150,000 in remaining support specifically to care for 800 children who are categorized as income eligible or BG8 children. Every dollar that we raise locally is matched by the State of Florida, $15.67. Now, as prudent business people, you know that is a 1,567 percent return on investment. We will draw down over $3.5 million into the community to specifically serve Collier County children. These are children throughout all areas of the county. If the funding -- match funding is not generated, however, we -- not only can we not draw down that 3.5 million, it goes to another county or it's left on the table at the state and federal level. We risk having to disenroll thousands of children from the program, affecting local families and affecting local businesses. Many of the families on our program hold essential jobs in our Page 129 November 18, 2008 service economy. Unfortunately, they're not very high-paying jobs. They're minimum wage. And our average family earns about $19,000 a year. Childcare costs can consume up to 75 percent of a parent's mcome. The future workforce of Collier County is in its pre-Kindergarten classrooms today. We're asking specifically for your support in helping us continue this wonderful program that serves so many children in helping them realize their full potential. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Polly Keller. CHAIRMAN HENNING: Commissioner Coletta has a question for you before you go. COMMISSIONER COLETTA: Question, I'm sorry, before you go. I'm sorry. Just a couple points I want to emphasize. Just the name of your organization again. MS. CARR: Community Coordinated Care for Children, and we call ourselves 4C for short. The number 4, the letter C. COMMISSIONER COLETTA: And is it state or federal funds that you draw down that's going to require a 6 percent match? MS. CARR: State funds is what we're concerned with today. COMMISSIONER COLETTA: And those state funds are already dedicated to you if you can come up with the 6 percent, ma'am? MS. CARR: Absolutely. And they don't go to any other community. They go to Collier County specifically. COMMISSIONER COLETTA: And what part of Collier County do you serve, all Collier County? MS. CARR: We serve children throughout Collier County; Immokalee, Golden Gate, Everglades City, East Naples. Virtually, every -- every zip code area. COMMISSIONER COLETTA: Where did you get this 6 percent drawdown money before? MS. CARR: That is the state mandate that we-- Page 130 November 18, 2008 COMMISSIONER COLETTA: No, no. I understand that, but in past years, who provided that money for you? MS. CARR: The funds have really generated from a variety of sources. This is our second year to operate the program in Collier County. Our agency is relatively new, and I don't believe that they've fully matched the funding previously. I think some of it came from the wine festival. We, unfortunately, do not receive wine festival money at this time. COMMISSIONER COLETTA: Okay. My particular scenario leaves about two-and-a-half million dollars in reserves. And I'll be honest with you, I wouldn't want to make a decision at this point in time with a new entity coming through the door. But if we do end up with something in reserves, I'd be willing to entertain those types of items to provide the kind of services you're talking about. I can't promise you on behalf of my commissioners that will happen. MS. CARR: Our organization and this program has been around over 40 years, and so we're not going anywhere. Weare fully committed to Collier County. We'd love to be able to provide you with more information on the program. COMMISSIONER COLETTA: Thank you. COMMISSIONER FIALA: Where are you located? CHAIRMAN HENNING: Where are you located? MS. CARR: We have three offices. We're at 201 8th Street South. We also have an office in Immokalee, and also in Golden Gate. CHAIRMAN HENNING: Thank you. Next speaker? MS. FILSON: Next speaker is Polly Keller. She'll be followed by Deborah Stewart. MS. STEWART: Deborah Stewart. I'll defer to Dave Schimmel. MS. KELLER: Good afternoon. CHAIRMAN HENNING: Thank you. Hang on. Page 13 1 November 18, 2008 MS. FILSON: Is that -- wait a minute. Is that Deborah Stewart who waived? MS. STEWART: Yes. MS. FILSON: Okay. Doug Campbell. CHAIRMAN HENNING: Mr. Campbell? Is not here. Next speaker? MS. FILSON: William Lescheid. MR. LESCHEID: Roger (sic) Lescheid. I defer to Dave Schimmel. CHAIRMAN HENNING: Thank you. MS. FILSON: Okay. Sandra (sic) K-A-E -- MS. KOEADAFER: Koeadafer (phonetic). MS. FILSON: Do you want to speak, ma'am? MS. KOEADAFER: I think I'll pass to David. CHAIRMAN HENNING: Waive. MS. FILSON: Okay. Dave Shepherd. CHAIRMAN HENNING: And Dave Shepherd will be followed by? MS. FILSON: Ned Meara. CHAIRMAN HENNING: Thank you. Please continue. MS. KELLER: Good afternoon. I'm Polly Keller. Long-time, 40-year volunteer with the David Lawrence Center. In 1969 I had the honor and the pleasure, appearing before this honorable board, with 100 percent participation with the State of Florida as a partner in bringing these services to this county. Since that time, I have to say that actually the state has participated over the years pretty fairly. We always are dealing with cuts here and there because they're faced with those things and they can't help it, but they have committed quite a lot. But you know something? We didn't stop with just the state and the county money. We went to the private sector in the community and we said, you know something? We can help the state. We can Page 132 November 18, 2008 help the county. Let's provide the facilities for this service. Hence you have six locations or more that have been privately, from the taxpayers of this community, given money, you know, over and above what their taxpayer dollars are providing. I was so pleased to hear the word partnership used because that truly, truly is what it is. And I want to just emphasize and hope that you allocate as much as you can for this number one priority. And thank you so much for listening. CHAIRMAN HENNING: Thank you. MS. FILSON: Dave Shepherd. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Polly, I'd just like to tell you this morning on our consent agenda we did give David Lawrence Center a $1,055,000. MS. KELLER: This last year? COMMISSIONER FIALA: This morning, this morning. MS. KELLER: This morning -- well, yes. COMMISSIONER FIALA: On our consent agenda. MS. KELLER: That's correct, but you have to also realize-- COMMISSIONER FIALA: So I just want you to know that we're trying to help you. MS. KELLER: I know. COMMISSIONER FIALA: Okay. MS. KELLER: I know, but just for the most. Thank you. MS. FILSON: Are you Mr. Shepherd? MR. SHEPHERD: I am. MS. FILSON: He'll be followed by Ned Meara. MR. MEARA: Yes. MS. FILSON: Who will be followed by Dr. Edward Sheridan. DR. SHERIDAN: Edward Sheridan defers to David. MS. FILSON: Okay. Then it will be Pat Barton. MS. BARTON: Pat Barton defers to David Schimmel. Thank Page 133 November 18,2008 you for consideration. MS. FILSON: Mary Beth Crawford. CHAIRMAN HENNING: Mr. Shepherd, please. MR. SHEPHERD: Thank you, Commissioners. Chairman Henning. I'm Dave Shepherd. I'm president of the Grand Cypress -- Cypress Woods Golf and Country Club Master Association, and I'd like to -- I will be very brief and say, many have spoken much more eloquently than I can, but I'd like to support the landscaping projects and the completion of those, and so would my 787 homeowners. I also personally would like to support all the help you can give to David Lawrence. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) MS. FILSON: The next speaker is Ned Meara. He'll be followed by Mary Beth Crawford. She'll be followed by Gene Berry (sic). Go ahead. MR. MEARA: Good afternoon, Commissioner Henning and other commissioners. My name is Ned Meara. I live right off of Immokalee Road in North Naples. Immokalee has been beautifully landscaped between 41 and 1-75. A magnificent job has been done. The area between 1-75 and 951 is grass that currently comes up to your knees. I am here to support landscaping there as well as Vanderbilt along Island Walk, in that area there. But I don't think any job is done in Naples -- any road job is done in Naples. I'm very proud to be a resident of Collier County. One of the signature items that we have here, besides the beautiful beaches and beautiful homes and beautiful buildings and the great parks and everything else that this county has, one of the signature items is the landscaping of the roads that have been constructed. And to leave undone the landscaping of both Vanderbilt and Page 134 November 18, 2008 Immokalee, to me is just something that's just wrong and it will never be completed until it's landscaped. I would not want to take one dollar from the David Lawrence Center, not one dollar. But ifthere is something there that can be allocated to landscaping these roads, where -- between 1-75 and 951, there are 11 communities, and between 16- and 20,000 people live there. That's a lot of people. And we would very much appreciate it if you would consider that in your allocation of funds. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Mary Beth Crawford. She'll be followed by -- and I believe it's Gene Berry. Is it Gene? MR. MAYBERRY: No, it's me. MS. FILSON: Okay. Who will be followed by Michel Soadeh. MS. CRAWFORD: Good afternoon. I am the current board president for the David Lawrence Center, Mary Beth Crawford. I'm a practicing attorney here in Collier County. You don't see me that often because I'm an estates and trust attorney, so who I see coming into Collier County are the new people that are moving to Collier County, and that's what instigated me to be part of the David Lawrence Center because statistics show that one in four people have a mental health illness and -- or a substance abuse. And what I have heard over and over from my clients is that either themself or someone in their family has a need. Dave has been so modest in the cuts that we have been experiencing this year. I took over the president position January 1st of2008. Every single month we have been cut in some other way, whether it's Medicaid funding, whether it's the state funding, which is coming even more so in the future. Now the adult crisis stabilization unit, the children's crisis stabilization unit, all that means is that there's going to be more cost to the Sheriffs Department or to -- Naples Community Hospital is going to end up bearing the burden of -- if Page 135 November 18, 2008 David Lawrence Center can't service. We sit at our board meetings praying that we don't have to cut services. And we're just asking the county to put their money -- there are counties all over this country that they have to run the David Lawrence Center. They have county community health centers. We're not asking the county to run David Lawrence Center. We're just asking them to support more than 5 percent of our budget and put in more so that they're supporting us as much as they probably can. And I know you've already tentatively agreed for the 300,000, but I'll request that if there's anything left over for us to be able to continue these services, we'd really appreciate it. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is -- MR. MAYBERRY: I apologize for my bad writing. It's Gene Mayberry, and I'm a resident -- MS. FILSON: Hang on one second. Following Mr. Mayberry will be Michel Soadeh, and then following Michael Soadeh will be Jean Williams. Okay, sir. I'm sorry. MR. MAYBERRY: Thank you. Good afternoon, Commissioners. Thank you for allowing us to address the appropriateness of finishing the Immokalee Road project. As you know, the initial approved project provides for a median land- -- a minimum landscape, I'm sorry, and as -- it is a conservative plan, particularly in relationship to some of the other landscape projects in the county. It has been suggested that the plan might require additional funding to maintain; however, I would contend that the maintenance cost is probably consistent with the current maintenance, albeit the maintenance on Immokalee leaves a lot to be desired. Separately, there are some communities within Collier County that have achieved their desires, and it almost seems that there's less of Page 136 November 18,2008 a motivation to keep that environment intact for the rest of the Collier County . We on the east side of! -7 5 tend to live on the fringe ofthe community. And Immokalee, in of itself, Immokalee Road, has a negative connotation. By killing this project, you will keep the perception alive. It also will make future growth in this section of the county less attractive. We strongly encourage you to complete what has been approved by the taxpayers and continue to make the environment of Naples the justification for families to relocate here. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Michel Soadeh. He'll be followed by Jean Williams, who will be followed by Riva Bradford. MR. SOADEH: Good afternoon, Commissioners. Thank you for your time. We applaud your efforts on behalf of the David Lawrence, and as well the additional funding -- the preliminary funding that you pretty much nodded on for the 300,000. We also want to ask to you meet up with your obligations on other issues. Today I speak on behalf of my company, Vineyards Development and on behalf of 3,000 homes that we have at the Vineyards community. And I want to take a second to take you back a little bit to memory lane because some of you were not here when we started in 1986. There was no budget for the county to do any landscaping in Collier County at all, and there was no project called Naples land -- Naples landscape of any community doing that. So we stepped up and we landscaped Pine Ridge Road. We shared into the cost of expanding Pine Ridge Road, and then we -- we landscaped the first two medians on Pine Ridge Road east of 1-75 at no cost to the county. The homeowners didn't pay for it. Our company paid for it. I was here then in '86. I'm still here now. Then we built Vineyards Boulevard up in -- north/south corridor Page 137 November 18, 2008 before Livingston was built and before Logan was expanded or any of that, and we went in and landscaped it to the hilt, and we've been maintaining it since 1986 through today at no cost to the county as well. So now the Vineyards residents have actually done their share in contributing to the beautification of Collier County as a whole, and they do enjoy doing that, and that will continue as long as we're in the property . And now we come up to Vanderbilt Beach Road, which years ago we contributed to the utility expansion in that area before the road was expanded. And the project goes behind for two or three years. We understand that with the environment business. And all ofa sudden, the county runs out of money, you know, to do the right thing for 3,000 homeowners, which is really -- I mean, those folks live there -- I pleaded with all my association not to come in here and jam the room. I didn't want 500 people here lobbying you today. I told them I'd speak on their behalf. It's simple. We had an obligation to the road. We'd like you to do it, not on the expense of David Lawrence, not on the expense of any other worthy cause, at the expense of doing the right thing for Collier County. Every other road have enjoyed it. We feel that our project have endured as much as others, and we know for a fact, on paper, we've contributed more to this community more than any other community by providing community parks, by building north/south corridors, by building water control structures, by paying impact fees, by doing a ton, including paying for an armrest on the corner of Napa Boulevard and Vineyards because the county didn't have the money for to put it up. That light, when we built the Cleveland Clinic, we went in and paid for the armrest ourself. There's a limit to how much we can do. It's tough economic times. We have 3,000 homeowners, upwards of 10,000 people living there. And just, please, do the right thing because what you pledge and Page 138 November 18,2008 what you committed to do, just do it. If this project was done on time, the landscaping would have been done already and we wouldn't be talking about it today. So please take care of David Lawrence, but take care of other obligations that you've made already. Thank you for your time. (Applause.) CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jean Williams, and I've just been told that Riva Bradford has waived, and following -- following Ms. Williams will be Leila -- Leila Anderson. MS. WILLIAMS: I am here today to speak on behalf of the employees who are working in the supermarkets and the hospitals and places in Collier County that we all need, and we all agree we need their services. I, too, came to Naples many years ago because of its beautiful landscaping. It has not changed. It is still beautiful. It is such a beautiful community, and we want to encourage fine people to come. We want to encourage tourism. If we have tourism and we have a lot of people in the community who need services, where are they going to go if they walk into their supermarkets and can't find help stocking the shelves or if they cannot find people in the hospitals who can do certain jobs? These people are all working during the day, and I'm glad I came over this morning because nobody is here to represent them. I feel that they are dependent on public transportation. I know they are. I myself don't drive anymore, and I'm sure most of you came by car, and you don't stop to realize what a difficult thing it is to get places in Collier County if we don't have transportation. I had many other thoughts on this. One was, we are faced with a very serious recession in this country. We are losing more jobs, thousands of jobs every day it seems, every week, in industry and Page 139 November 18, 2008 other places that are folding up. Our community relies on service, service from people who are -- go every day to their jobs and fulfill these needs. We would not want to walk into our local supermarket and be unable to purchase produce or go to the hospital and find the technicians can't get to work. I don't know who all these people are because -- but I do know those buses are filled. And I say to you that to cut out one bus that supplies one worker with a job would be a terrible thing to do. I think we need more transportation, and I think it's a critical -- critical thing in this environment to deny this great need in this country. I think we're faced with some very difficult times ahead, and I would not like to see Naples and Collier County lose out on the opportunities they have now to make amends and to help the situation. I have a lot more to say, but I've run out of breath and time. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) MS. FILSON: Your final speaker is Leila Anderson. MS. ANDERSON: And I defer to Dave Schimmel. MS. FILSON: Okay. That was your final speaker, sir. CHAIRMAN HENNING: Okay. Commissioners, before we can take a 10-minute break, hand in our sheets to the county manager, we've got to give each other time for comment. And ladies first. COMMISSIONER FIALA: Okay. I'll take that first. Okay. I-- one of the things, we can -- Jim Coletta said -- or Commissioner Coletta was saying something about he would defer all of his money. I would -- and that's nice for the David Lawrence Center. Then how much of that would be recurring dollars? I don't know if -- you know, I don't know what would happen with reoccurring (sic) dollars. Ifwe pledge that now, then do we have to pledge that every year in order to keep whatever programs they institute from these dollars Page 140 November 18, 2008 continuing? Because you can't just start a program and then let it die. So I'm willing to double what he asked us for to $600,000. I think that that's a great idea. I do not want to lose the CAT bus service. I think that that's really an important thing. We do need books for the library. I'd love to fund those books for the library. And now I'm a strong believer, a strong believer in landscaping, so let me tell you, there are a lot of things that haven't been mentioned. One of the things that haven't been mentioned -- Ms. Leila Anderson (sic) just mentioned about a lot of people out of work, and that's true. One of the good things about continuing to landscape our programs (sic), number one, we've got the people installing them, so now we have to hire some people to put them in; and the second thing is, we have to keep them maintained, so we keep more people working. And as we well know, a lot of jobs are just drying up, and this is another way for us, in my opinion, to help the economy. And another thing we talked about, the signature of Collier. Yes, we want to make sure David Lawrence Center is protected. That's good, and I'm willing to double whatever they asked for. They asked for three. I'm willing to give them six. I'm even willing to give them more as long as it doesn't cause them a hardship because they create programs that they can't maintain from there on in. I don't know how much you want, David. You just asked for three from me. And -- but I do want to see the landscaping move forward because I think that's an important part of our community, too. We are a community. We are working together as a community, and we need to employ one another -- or employ some of these people that are right now out of work who will be going to the David Lawrence Center without work, by the way. CHAIRMAN HENNING: Commissioner Coletta, then Commissioner Halas. Page 141 November 18, 2008 COMMISSIONER COLETTA: Yes, thank you, sir. Yeah. Now, I took a little different spin on this. I have great concerns for what's taking place out there; however, with that said, I'm fully supportive of maintaining the landscaping that's presently out there. There was a cut in there of 1 million point 1 that was removed, and that's one of the reasons why we've seen the mowing go from a two-week cycle to a 10-week cycle. I don't think we can allow a resource like the landscaping that presently exists to go away. I mean, it would be a terrible injustice to lose that big investment we got. So I see we've got no way around that. We would really have to keep that in store -- restored. However, with that said, I can't, in my mind, any way possible, justify spending almost $3 million more on new landscaping at this time. Now, you heard Commissioner Henning refer a few minutes ago about the fact that District 5 isn't going to have any new landscaping. We just had Immokalee Road extended all the way out to the fairgrounds. We have -- you know, that's a beautiful road. Now we're talking about landscaping everything up to 951. Now, why is it that we're not talking about going from 951 back in? It's because I don't see it as a priority at this time. And so if I'm willing to give it up and put that money in other places, I hope other people consider the same things. And I'm not saying we do without this landscaping forever but, folks, we've got to face something. We're in tough times. We cut our budget back by some $70 million, or is it 80? COMMISSIONER HALAS: Eighty. COMMISSIONER COLETTA: Eighty, excuse me. COMMISSIONER HALAS: Three years. COMMISSIONER COLETTA: The last three years. So we're operating with considerably less money. We have now, what, 22 percent, is it, Leo? MR. OCHS : Yes, sir. Page 142 November 18, 2008 COMMISSIONER COLETTA: Twenty-two percent in employees. We have economized every possible way we can. We've got our libraries taking cutbacks. There's probably going to be cutbacks in some of the programs for kids. There's all sorts of measures taking place to try to hold the fabric of society together. Is landscaping absolutely necessary, new landscaping at this point in time? I think not. THE AUDIENCE: Yes. COMMISSIONER COLETTA: That's where a difference of opinion will come. And you won't change my mind. I feel extremely strong on this. I listen to some of the needs that are out there, and I realize that, for the price of landscaping, we're going to have to tell other organizations and other needs that are out there to go away. We're not going to have a reserve for next year. Let me ask you this. Possibly John can answer this question. What we're up against with the coming year, do you have any idea at this point in time of the number of foreclosures that are out there, the devaluation of properties, what we're going to be facing next year? I got the floor, please. MR. YONKOSKY: No. We do not have an estimate on it yet, Commissioner, but with the current trends, it's going to continue going down, the taxable value. COMMISSIONER COLETTA: Okay. Where are you going to get your funding to keep everything together as we go forward? Are you going to be able to produce it from some other sources? MR. YONKOSKY: No, sir. State-shared revenues, sales tax, state revenue sharing is continuing to go down also. COMMISSIONER COLETTA: Okay. Roll back to forward -- or go forward to next year where we're there with whatever it may be with the turnback monies. It's going to probably be considerably less. The needs are going to be even greater. Where do you see the money coming from to be able to maintain this new landscaping that's going Page 143 November 18, 2008 in? You'd have to cut back on something else; is that correct, somewheres along the way? MR. YONKOSKY: Commissioner, I really can't answer that. That would be an allocation process by the Board of County Commissioners. COMMISSIONER COLETTA: But there's X number of dollars. It will be less dollars next year. We can assume that. MR. YONKOSKY: I think it's a very good chance that there will be less dollars next year. COMMISSIONER COLETTA: So -- but I want to go through a couple other items now that I have the floor here. I -- one of the things that was very, very important in my district was limerock road funding, and this is people that have lived on limerock roads for a number of years. Past years we've had up to 5, $7 million to be able to make some considerable progress on getting some of these roads paved. And these are taxpayers too that have suffered greatly. I heard somebody mention the fact that they had pothole roads to live with. I thought well, maybe they're one of my people that live on limerock roads, but, no, they're not. They live within a gated community . So the thing was, is that out of that budget that we had come up, it had been considerably trimmed back to about $2,500 (sic) or -- 22 thous- -- 2 million, 500. They cut half of it out, and they said, come back when it comes time for the turnbacks and we'll get the money. We'll talk about the money then, but probably -- we'll be able to probably take care of you. This is what I've been told. So my first inclination was to take that suggested amount of 1,339,500, and over in the far column as far as what I thought was the most -- the amount that should be allotted, to write down something like about $4 million, some ridiculous number thinking they'll negotiate it down. Page 144 November 18,2008 Then I got thinking, would this really be fair to be able to come out and be able to champion other things and be able to ask for even more money than we were talking about that was originally in the budget that had already been decreased, and I thought no, so I put down the original amount that was there. As far as the resurfacing fund, we've got to be able to protect the integrity of the roads that are already built. There's no way on God's earth we can start to ignore it, especially when we're in a declining revenue situation, because this thing's going to build up as time goes along and there will be a catch-up that will be down the road. Meanwhile, roads will deteriorate even more. EDC funding. I'm probably one of the biggest supporters of the EDC, Economic Development Council of Collier County. They were asking for $891,800 for future incentives for businesses to move here. I think it's important; however, when I weighed the other things that are out there and what we're going to in the future, I marked that as zero. Now -- and this isn't to upset Commissioner Fiala, but the South Regional Library books -- and I need somebody to help me with this. But the funds for those books, aren't they already on the -- in the budget to be produced sometime this summer? Am I correct or no? MR. MUDD: No, sir. What you -- what you did in June and approved in September at your hearings, you basically approved monies to open up that library in March and to fund some $400,000 worth of the $750,000 worth of books that would need to be put on the shelves at that regional library. So you still have a shortfall, and that shortfall is on your list. COMMISSIONER COLETTA: So there's no funds coming in to be able to take the place of it, where this is early money to be able to replace something down the road? MR. MUDD: No, sir. There's no monies unless you -- COMMISSIONER COLETTA: Okay. And I think the regional Page 145 November 18, 2008 library is an absolute necessity if we're going to go forward. And in that case, I would add the $364,300 back into my thing for the library to be able to be made whole. The CAT low ridership routes, which at the time they surveyed them -- I understand there's some changes there and there's been a pickup in ridership and there probably will be even more in the future. The $415 (sic) that are there, my question is, does that make the system whole? Can anybody answer that? MR. MUDD: Yes, sir, it does. It basically brings it back up to where it was, but part of the discussion that happened in June was there was going to be a fare increase from $1.25 to $1.50, and that is part of Norman's budget in order to make it whole. And you haven't, as a board, decided that particular item yet. So the answer to your question is 415- on top of the fare increase makes it whole. COMMISSIONER COLETTA: Okay. And I can't picture us not passing the increase. MR. MUDD: Sir, I can't state what the board's going to do. COMMISSIONER COLETTA: The two ambulances, fully manned, with 12 positions. I've been talking to a lot of people on this, and I'm less than certain on it, which is the best way to go. I understand that two of the -- two ambulances, one of them would be Isles of Capri, the other would be Ave Maria; is that correct? Or have I got that wrong? MR. MUDD: Jeff, you're going to have to answer that because I didn't know if anybody made a decision yet on the placement. COMMISSIONER COLETTA: Well, we're taking two units off. COMMISSIONER FIALA: They're not on. MR. PAGE: For the record, Jeff Page with Emergency Medical Services. Commissioner, what we did, both Ave Maria and Isles of Capri both have those units still there today. What we did was, of the four Page 146 November 18,2008 growth units we got in 2006, they were doubled up around the county. Two of those units were removed and downsized, and we're flex-staffing, putting single paramedics in a quick response vehicle, and that seems to be working for us. COMMISSIONER COLETTA: Okay. Now -- but you're still talking about keeping units at the two location, Isles of Capri and Ave Maria? MR. PAGE: Isles of Capri and Ave Maria would still be staffed, but I'm here to tell you today I don't need the 12 positions. COMMISSIONER COLETTA: Okay. And I tell you, too, I'm sorry I'm taking so long to get to the point, but I talked to your union, too, and they think they could make it work out, too, without those 12 positions. They suggested, rather than adding positions, per se, you might cut back on some of the hours of the people that are there now and then maybe bring some more people in to be able to cut down on some of the overtime. That was from your own union, by the way. So I would remove that totally from the budget. The David C. Lawrence Center, $600 (sic) and-- COMMISSIONER FIALA: Six hundred thousand. COMMISSIONER COLETTA: How many? COMMISSIONER FIALA: Six hundred thousand. COMMISSIONER COLETTA: Six hundred thousand, and, you know, possibly later we might have to look at what's there. But I'd like to put the rest of that money into reserves to be able to take care of a time of a greater need that we're expecting in the future. And there I am. Thank you, sir, for the length of time you allotted me. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes, thank you very much. After hearing all of the input, one thing that always flashes back in the back of my mind, that 81 percent of the people here in Collier County in January said that they wanted the tax rolled back, and we Page 147 November 18,2008 gave them a tax rollback, and here's where we are today. There's an awful lot of wants out there by a lot of people. We also have a lot of storm clouds looming in front of us in the coming year. I think we've already got indication, just by watching Wall Street, of how detrimental it's going to be for a lot of people losing their jobs, more foreclosures, more downsizing of the taxable property here in Collier County. So I'll tell you where I stand in regards to this. I'm trying to be fiscally conservative in the wants and the -- in what's really needed in this county to get us through this time of need. I start off with 300,000 to the David Lawrence Center. Then I move up to 415,000 for the CAT bus system, which I think is definitely needed. We need to expand upon that. I also looked at the landscape maintenance funding that we took away when -- the budget hearings. I want to reinstate $1.14 million for -- to reinstate the landscaping maintenance so that what we have presently, we can continue to keep up and not to expand any farther at this point in time. The other thing is that we spent close to a billion dollars since probably 2000 in regards to a road building campaign in this county. And all of us that are sitting on the dais were here except me. I came in later about 2002. But my other fellow commissioners have been here since 2000, and they felt it very important that we get on with a road building program. Well, we've got the roads to the point where we think that traffic is moving at a great rate here. I don't -- we don't -- and none of us, I don't think, hear any complaints about the movement of traffic anymore. So I think that what's important is $1.5 million just in keeping the roads up, the maintenance on the roads. I wish that the federal government would have done the same thing with our interstate program instead of trying to raid the funds from the transportation funds. So I'd like to see the 1.5 million Page 148 November 18, 2008 re-established into our resurfacing of the roads. And I come up with a grand total of $3,355,900. You ask, what am I going to do with the other $4 million? I want to put the $4 million in the bank for a rainy day because I think we have some big clouds coming. And the reason is, this will be less of an impact on you as the citizens, because if we get to the point where we can't balance the budget, I can assure you that we will vote for a tax increase because we just cannot maintain the health, safety, and welfare of this county on what we have presently. So I hope you understand where I'm coming from. Thank you very much for your time. (Applause.) CHAIRMAN HENNING: I have no speeches today. COMMISSIONER HALAS: County manager's got -- CHAIRMAN HENNING: How you doing? Doing okay? MR. MUDD: I'm doing fine, sir. Just one clarification. CHAIRMAN HENNING: The -- you know, I want to do what the public wants. I didn't hear anybody say they wanted limerock roads resurfacing, you know, ambulance. So, you know, my priorities is what I heard today, and that's landscaping, naturally EDC funding. David Lawrence Center is a no-brainer. And Commissioner Fiala knows how it works. She knows in order to get something, you have to give something. And I always will support Commissioner Fiala because she realizes that. So I think the South Regional Library books should be funded, and I have a budget balance here, too. So the way it is now, that a bunch of money's going into reserves, according to the commissioners' comments. But County Manager wants to share something with the Board of County Commissioners, and maybe we can get a consensus on that. MR. MUDD: Yes, sir. First, just a clarification on one of the speakers, because she said something, and then I went back and asked Page 149 November 18,2008 a question. You had a speaker that talked about the Community Coordinated Care for Children, she called it the 4Cs, and she mentioned about a 6 percent down payment. And so I tried to get from her exactly what she was talking about. She basically told me that they had -- and I think she said it on the record -- that they had $12,000 in contributions right now toward that 6 percent. And she was looking for $150,000. And I said, well, that $150,000, what does it get for you? She goes, that $150,000 is our 6 percent and it gets us $3.5 million from the state for our particular effort. And I just wanted to make sure, because I didn't believe she was very clear with that particular fact as she stated to -- she gave her petition to the board. That's a side. I just want to make sure you had that. Commissioners, if you want, depending on how you want, you can give me the sheets, I can consolidate them and then you can -- I can bring those back after a break, because you're due for a break at this particular juncture, and then you can have this -- you can see what everybody's talking about specifically as far as what they said in words and how it related to that piece of paper, or you can try to make it without that. COMMISSIONER FIALA: We'll let you condense them. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Just one thing, Mr. Mudd. I'm very interested in what that lady had also said about the 6 percent and how it grows, but I don't think this would be an appropriate time based upon the little information we have. We can draw that out of reserves at a future meeting if we have a chance to study the situation and evaluate it for what it is. MR. MUDD: Yes, sir. COMMISSIONER COLETTA: That's my own opinion. Page 150 November 18,2008 MR. MUDD: I was just trying to figure it out. COMMISSIONER COLETTA: Very, very interested in what she has to offer. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I'll just make one more comment. CHAIRMAN HENNING: Yep. COMMISSIONER FIALA: Okay. Sometimes we put things away for a rainy day, and it's amazing how many times it rains during the year that we weren't counting on, we use up all the funds that we were hoping to use for something else, and then they're gone. And I would be very concerned about that. We've -- you know, I would be very concerned that if we put this stuff away, we didn't need it, and if they were going to dedicate it to, say, landscaping or something and then it was spent on other things that came up, then all the good efforts would be put aside. So I've spent it all. (Applause.) CHAIRMAN HENNING: Merry Christmas. So why don't we be back at 2: 50? You need the full 10 minutes? MR. MUDD: I need 10 minutes. CHAIRMAN HENNING: Okay. Well, then let's make it 2:55. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Would you put the spreadsheet on the overhead, please, and let's see if we can get it over as far to the right as possible and the commissioners' rankings. The lettering -- what -- the funds amount, we really don't need that. The residents can't read this the way it is, County Manager, on the visualizer. MR. MUDD: Yes, sir. Page 151 November 18,2008 CHAIRMAN HENNING: So move it over to the left so they can see the dollar figures and zoom in on it. And how we've -- how the county manager did it, he scored by properties and the funding levels. And to the far right what it came out to, landscaping, 1.45; the next one is maintenance. MR. MUDD: Commissioner, yes, sir. The landscaping capital program on the spreadsheet, total demand was 1.4 to reinstate what was cut in June going into September, and 1.5 additional, and that would have brought it to $2.9 million. There were two votes for -- and those two votes were priority number ones, to go for the entire $2.9 million. There were two commissioners that voted not for that capital improvement program. And if you divide those two votes for 2.9 and you say two for, two against, you divide it in half, and it basically results in $1.4 million. Go down the sheet a little bit more, and you get to landscape maintenance funding. $1.1 million was cut in June through September. And then another 260,000 would be required in order to do those three capital improvement segments that the board had talked about previously. That would have been to the tune of$1.4 million. There were one, two -- there were three votes to reinstate __ excuse me. There were three votes -- there were two votes to reinstate the $1.1 million and there were two votes to include the entire maintenance package of 1.4. And then -- and so that would -- that would -- and I'm not in __ COMMISSIONER COLETTA: Mr. Mudd, I don't mean to interrupt you, but there's a -- the numbers got transposed on mine. It should be 1.401, not 1.140. MR. MUDD: Okay. So in Commissioner Coletta's request it would be $1.4 million instead of $1.1 million. So you have two votes at 1.4 and you have one vote at 1.1. So you are -- and you have one vote that was none. So John, if you could give me a-- Page 152 November 18,2008 MR. YONKOSKY: Okay. Just a second. CHAIRMAN HENNING: Okay. Now, the -- you have much more monies in the landscaping maintenance partial year reassessment. It was a request of 260-, but the allocation is 920-. MR. MUDD: John's going to -- Mr. Y onkosky's -- MR. YONKOSKY: 985,725 will be the final, making the change that Commissioner Coletta stated. MR. MUDD: See that number to the far left hand, the dollar amount, instead of 920,000, it would be 985,000. It goes to limerock roads. There were -- there were one, two votes for limerock roads. And John, was that a -- did you transpose on Commissioner Fiala's partic- -- COMMISSIONER FIALA: No, I originally had 13, and then I took three out of there and put it into David Lawrence Center. MR. MUDD: Okay. And so you have two votes, one at 1.3 million, and one at 1 -- just a little over $1 million, and two commissioners didn't -- didn't have anything there. And if you wanted to average that out, it would come out to be $594,000. Limerock road resurfacing was 1.5 million. There were two votes at $1.5 million and one vote for $170,000 and one vote not to fund. If you average that out amongst the four votes, that would be $792,721. CHAIRMAN HENNING: That's the resurfacing funding? MR. MUDD: Yes, sir, that's resurfacing funding. Thank you very much. EDC intensive funding, $891,000. There was one vote for the full amount of 891 ,000. There was one vote for half a million dollars and there were two votes not to put any money in that particular account. Average that amongst the four would be $347,950. Next one is the South Regional Library books. $364,000 was the amount that was looked for. We had three votes for the entire $364,300 and one vote not to fund. Averaged out, $273,225. CAT, eliminate low ridership routes. Asked $415,000. There Page 153 November 18,2008 were three votes for $415,000 and one vote not to fund. And average that out would be $311,250. The two ambulances, no votes, $0. David Lawrence Center, asked 300,000. We had two votes with 600,000 and two votes with 300,000. End result averaged 450,000. And reserves money left over adds up to $2,255,530, and that brings you to the total amount that the board had to spend. CHAIRMAN HENNING: Okay. So we need to make a motion, or by our spreadsheet we already made the decision? MR. KLATZKOW: Well, I don't know if you made your decision. You'll have to make a motion. That could be part of the motion. CHAIRMAN HENNING: Okay. Entertain a motion to accept the allocation spreadsheet as presented to the -- by the county manager. COMMISSIONER COLETTA: I'll make the motion to start it off for discussion purposes before we have to go break again. CHAIRMAN HENNING: Before we go to our time certain at 2 o'clock? COMMISSIONER COLETTA: We might make it. CHAIRMAN HENNING: Your motion fails for lack of second. Discussion? COMMISSIONER COLETTA: Yeah, if I can. Let's have some discussion on some of these things. Question. On the EDC funding, they -- I was told by the EDC they don't see any possible use for this money. But in this case, if it's -- if we put it to one side, if they never use it, it's still there. I mean, that's the same as putting it in reserves; is that correct? COMMISSIONER FIALA: I didn't -- I wasn't told that. CHAIRMAN HENNING: Yeah. I wasn't told that either. COMMISSIONER COLETTA: Is EDC here? (No response.) COMMISSIONER COLETTA: Okay. I met with the EDC on Page 154 November 18, 2008 Monday and told them about the difficulties we were having with the budget and asked them the hard question about how much of these funds they thought they really needed. I told them if they came I'd be asking them those questions. And they said, in all honesty, they didn't foresee needing it at all this coming year. CHAIRMAN HENNING: Yeah, I didn't -- I don't believe that's true. That's not my understanding. COMMISSIONER COLETTA: Well, then they must have been speaking through another person. But they were in my office. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Mr. Chairman, as long as that's the case, I would like to take the $500,000 that I had dedicated to that and put it into the landscaping fund. (Applause.) CHAIRMAN HENNING: Commissioner Fiala would like to put that into -- the EDC 500,000 into the -- into landscaping, and I'll take the 891,800, put that in the landscaping, too, because -- Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: The -- you know how the game works. Commissioner Halas, do you have any -- COMMISSIONER HALAS: No. I'm set where I originally put my money into, and I just hope that -- we got 2,255,000 -- well, we've made some changes, so I'm not sure what we have in reserves now. But I just hope that people realize out there that we may be coming back and saying the well is empty, and I'm concerned about making sure that we meet our commitments for next year. CHAIRMAN HENNING: Anything else, Commissioner Coletta? COMMISSIONER COLETTA: Yeah, very much so. I tried to play this by all fairness rules and went out of my way to try to come across something that was absolutely honest and aboveboard. At one point in time I had the limerock road funds $2 million down, way over Page 155 November 18,2008 and above, and I knew that that wasn't an honest thing to do, so I rolled it back to the number that was down there and was more realistic. So District 5 who stands at the -- to gain the least from all this, is being -- the numbers that are being manipulated at the end are even more so to my disadvantage. I might be more acceptable to this, you know, ifthere was some sort of division between the money that just got moved between that and limerock roads. You know, that's one of the primary things of interest to the residents that I represent. We weren't making a push for landscaping in District 5. There's a lot of things that we were willing to step aside on. And, you know, I feel that we're coming up on the short end of the stick. I could have been more aggressive and played it differently, but-- CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Commissioner, I never play districts or anything, you know that. I mean, what's fair is fair, right? And I wouldn't have even said anything, but I tried to do what you wanted me to do. I added more to the David Lawrence Center because that was important to you. I certainly gave a million dollars to your limerock roads because I thought that was important. Landscaping, I feel, is important to me. As far as the CAT system goes, I know that's important to you. It's important to me. I put that in there, too, and we all benefit by that. We shouldn't ever look at whose district is what. I think we all benefit by this. (Applause.) CHAIRMAN HENNING: Okay. Thanks. COMMISSIONER COLETTA: Be it as it may, let's get on with life. I'll definitely look at it in a different light next year. CHAIRMAN HENNING: Commissioner Halas, you want to make a motion to approve as amended? COMMISSIONER HALAS: No. Page 156 November 18, 2008 CHAIRMAN HENNING: I'll make a motion to approve as amended. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Is there a second to the motion? Motion by -- Commissioner Fiala seconded to the motion. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Okay. Commissioner Halas, what are you looking for? COMMISSIONER HALAS: I'm looking to get on the road so I can meet -- make a meeting at -- tomorrow morning at 7:30 in the morning in Daytona. CHAIRMAN HENNING: Okay. How does that vote help you do that? My question is, what do you need out of this balance sheet so we can move on from it? COMMISSIONER HALAS: I think that the money ought to be taken out of the EDC fund and put into reserves. CHAIRMAN HENNING: Okay. I'm not going to change my direction. Commissioner Fiala? COMMISSIONER FIALA: Nor am 1. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I just -- CHAIRMAN HENNING: What is it -- what is it that you need? Page 157 November 18, 2008 COMMISSIONER COLETTA: I need a little more consideration for limerock roads. CHAIRMAN HENNING: Okay. So let me see where we're at on limerock roads. Commissioner Coletta is at the full mark, Commissioner Fiala is -- so you got -- well, how about I take $500,000 out of my reserves and put it into limerock roads? COMMISSIONER COLETTA: So in other words that would take it from -- I'm sorry, would you help me with that; 792 plus 500, is that what it is? I'm having a hard time following these lines across. CHAIRMAN HENNING: Well, right now you're at almost 600,000. COMMISSIONER COLETTA: Okay. So you're proposing-- COMMISSIONER FIALA: No. Oh, yeah, oh, yeah, 600. COMMISSIONER COLETTA: So you're proposing another half a million dollars? CHAIRMAN HENNING: From mine. MR. MUDD: No, sir. It's divided by four. CHAIRMAN HENNING: Four. MR. MUDD: So ifhe puts a half a million in there, you're looking at something -- COMMISSIONER COLETTA: That doesn't really do anything for me. You know, please, ladies and gentlemen, you know, give me a break. You know, if there's anything I've been pushing for for -- since we started the budget cycle was protecting the integrity of the residents that I represent. And, you know, we're talking nickels and dimes, we cut the budget back. I agreed to that. Then we took the budget, we cut it in half again. We said, make it up when we get to the turnbacks. We'll be there. We'll get through the whole thing. We're at turnback now and we're talking about a pittance of the amount of money that was originally there. COMMISSIONER FIALA: I had already dedicated. Page 158 November 18, 2008 COMMISSIONER COLETTA: You did, and I appreciate that, Commissioner Fiala. CHAIRMAN HENNING: Can I respond to you? From what I heard from the city council meeting on the item I pulled off the agenda, you're not going to get any more from Commissioner Fred Coyle. COMMISSIONER COLETTA: You're probably right. CHAIRMAN HENNING: And, you know, as far as being fair to your district, this board has been very fair to your district by far. And, you know, Commissioner Coyle always says that, you know, his district always provides the lion's share of taxes. You know, I provided you a couple years ago what -- the property values in each of the districts. I don't think it's a fair statement to say that, you know, Districts 5 is at the end of the totem pole. We've been very kind to you. So either you can accept my offer or there's a tie vote. It doesn't go anywhere, and we need to do this again at the next meeting. COMMISSIONER COLETTA: That might be a good idea. COMMISSIONER FIALA: And then Fred Coyle will be voting. COMMISSIONER COLETTA: That's true, and we wouldn't allow Fred Coyle's summary to be put into this agenda for consideration but we're -- meanwhile, we're quoting him when it comes to this item. So let's keep a balance to where we are on this. Wherever we are with it, I'm very disappointed in the amount of money I have for limerock roads. You know -- CHAIRMAN HENNING: Commissioner, do you think it's fair for us to add Commissioner Coyle's spreadsheet today? COMMISSIONER COLETTA: Well, at this point in time in the deliberations, absolutely not. We're half way -- we're almost done, and now at the first point when we talked about bringing it on, it was completely dismissed. If we did bring it into play now, I'm sure that the amount of road money would have to be divided for the Page 159 November 18, 2008 landscaping by another fraction. I don't know what his spreadsheet was. It was never made available. CHAIRMAN HENNING: I don't think it's legally possible to do so. COMMISSIONER COLETTA: But you're the one that suggesting that we take in consideration Commissioner Halas (sic), but I'm more than willing to take my chances -- CHAIRMAN HENNING: It's Commissioner Coyle. COMMISSIONER COLETTA: Commissioner Coyle. CHAIRMAN HENNING: Commissioner Coyle is his name, and I was just trying to figure out where you were going, and I wanted to just tell you, that's not legally possible. COMMISSIONER FIALA: I hate to just -- I hate to just be focusing on one district and not the whole county, but as long as that's Commissioner Coletta's feeling, Commissioner Halas, would you be willing to donate from your reserve a half a million dollars to his limerock roads -- COMMISSIONER HALAS: Sure. COMMISSIONER FIALA: -- so we can move this thing forward? Okay, fine. COMMISSIONER COLETTA: Thank you. So that's a full half million? COMMISSIONER FIALA: Yes. And I've donated a half million and he's donated almost 900,000. COMMISSIONER COLETTA: And you want to know something, I love you all. COMMISSIONER FIALA: Yeah, right. Like a spoiled little child, do you notice, huh? COMMISSIONER COLETTA: Have another piece of pepperoni. CHAIRMAN HENNING: Okay. Is there a motion at this time? COMMISSIONER COLETTA: I'll make the motion to accept the amended spreadsheet. Page 160 November 18, 2008 COMMISSIONER FIALA: Second. MR. KLATZKOW: Could we just get clarity the county commission's got all these numbers. COMMISSIONER HALAS: 500,000 from my -- MR. MUDD: Here's what I believe I heard. I heard that Commissioner Fiala was going to move $500,000 up into the capital reinstatement of landscaping. I heard that -- and that comes out of the EDC monies that were laid aside. I heard Commissioner Henning say that he wanted to move his $891,800 in total to the capital program at -- for landscaping. I heard that Commissioner Henning was going to move half a million dollars -- COMMISSIONER FIALA: No, Commissioner Halas. CHAIRMAN HENNING: And Henning. COMMISSIONER FIALA: Right. I'm sorry. MR. MUDD: I'm working on the H's right now. COMMISSIONER FIALA: I'm sorry. MR. MUDD: I'm working on, Commissioner Henning said he was going to move a half million dollars into limerock road funding from his reserve amount, and Commissioner Halas was going to do the same. Those are the changes that I have on this spreadsheet. CHAIRMAN HENNING: Okay. That's what I understand what the motion is. COMMISSIONER COLETTA: Yeah. And you did -- I'm sorry. You did mention about Commissioner Halas moving that from his reserves to limerock? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: Okay. Then that's the motion. CHAIRMAN HENNING: Okay. You satisfied? COMMISSIONER COLETTA: Well, for the moment, yes. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. Page 161 November 18, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER COLETTA: Wow, isn't that wonderful? MR. MUDD: Commissioner, that brings us to our -- ladies and gentlemen, if you're going to leave -- CHAIRMAN HENNING: Now, we have another item, so everybody has to be very quiet when they leave so we can still take care of business, please. Item #12C DIRECTION CONCERNING AN APPLICATION FOR A RIGHT- OF-WAY PERMIT SUBMITTED BY IMPERIAL GOLF ESTATES HOMEOWNERS ASSOCIATION, TO ALLOW CONSTRUCTION OF AN ACCESS ROAD SOLELY FOR EMERGENCY PURPOSES, BETWEEN IMPERIAL GOLF ESTATES AND PALM RIVER ESTATES SUBDIVISIONS, AS REQUIRED BY COUNTY ORDINANCE NO. 87-55 - BOARD FINDS A SCRIVENER'S ERROR IN THE ORDINANCE AND THE ORDINANCE NEEDS TO BE REPEALED TO ALLOW ACCESS FOR PROVISION "W" - APPROVED MR. MUDD: Commissioner, that bring us to our time certain, 2 p.m., and that is item -- CHAIRMAN HENNING: 12C. MR. MUDD: -- 12C, sir. Thank you. And that is a request that the Board of County Commissioners provide direction concerning an application for a right-of-way permit submitted by Imperial Golf Page 162 November 18,2008 Estates Homeowners Association to allow construction of an access road solely for emergency purposes between Imperial Golf Estates and Palm River Estates subdivisions as required by county ordinance number 87-55. And Mr. JeffKlatzkow, county attorney, will present, unless you can find someone else. MR. KLATZKOW: Jeff, could you please go over to the map, and if I can get that shown on the monitor. All right. That's a fairly recent overhead of the area in question. Once upon a time back in 1987, there was a rezoning ordinance relating to Imperial Golf Estates. The ordinance contemplated that there be an emergency access onto Palm River, and Jeffs pointing out -- Jeff Wright is pointing out where that is. And that goes into an established residential neighborhood. For 20 years nothing was done, all right. It just sat there. Imperial grew. And there's some thought that it might have been a scrivener's or events overtook it so that it was no longer needed. But in any event, for 20 years it was never done. Recently, there has been a code enforcement case involving another access point through Imperial onto Livingston Road. This comes out of a PUD requirement and out of the Royal Palm International Academy. And if Jeff will show where that access was supposed to be. That access is contemplated to run through what is presently Milano, okay, onto Imperial where there is a bunch of right-of-way that's been reserved over the years so that it can then hook up. And we've been working with the code enforcement people to see if we can't get that PUD requirement enforced. While this is going on, there is a lawsuit between the Imperial folks and the Milano folks over this issue. And all of a sudden I find out that there is an application for a right-of-way on this Page 163 November 18, 2008 long-forgotten ordinance requirement to Palm River, and those folks start calling me up. So I'm getting telephone calls from three different communities, in essence; Milano, Imperial, and Palm River. And I thought that, given the age of this ordinance and the fact that nothing had been done, rather than simply grant the application for right-of-way permit into the Palm, I would take the issue to the board for your consideration. And I will tell you, we have 26 registered speakers here. Each and every one of them has their own story on this. CHAIRMAN HENNING: Can you share the information I provided you last week? MR. KLATZKOW: Yes. The information you provided me was a transcript to a discussion during the rezoning ordinance where one of the comn1issioners noted that, do we really need this? It was said, no, sir, we really don't. But there was -- on the motion to approve, there was -- there was no accepting of it. So I'm not sure if it was just discussion purposes, if it was one commissioner that thought this. Perhaps two commissioners thought this. It was rather unclear. CHAIRMAN HENNING: Well-- and I'm trying to find it. I think I found it. What I remember it said is, the planner said, Commissioners, we've found out that the connection to Eastwood is not needed, so we're recommending that you take that off the PUD document, and one commissioner did make that. But it was my understanding that through the applicant -- who was Judge Baker right now -- Frank Baker said, yeah, that request is being removed. And to me, it was a scrivener's error. And I'll try to find it while we get through all the speakers. COMMISSIONER FIALA: I have that here. COMMISSIONER HALAS: I think I've found it here, Commissioners. I believe this is to Chief Rogers; is that the one you're Page 164 November 18, 2008 talking about? CHAIRMAN HENNING: No. This is in the minutes when they did the rezone. COMMISSIONER HALAS: Okay. Well, there's -- when one is that, July 28th, '87. I've got some of this here. Mr. Duane advised, the CCP recommended denial of the petition and resolve the issue -- was access to the development. He stated that since the time the petitioner has met with Imperial Golf Homeowners Association they have reached an agreement. He stated that the board needs to determine whether the petitioner will be required to dedicate land to extend to Airport Road. He said that the public works administrator, Archibald, will discuss the merits of vacating the right-of-way and diverting the capacity of Airport Road and additional -- add additional lanes to Livingston Road. This was way back in 1987. Is that what you're referring to? CHAIRMAN HENNING: Not quite. Let me go back up to -- well, let me start out here, but I need to go back up. It says, Attorney Frank Banker representing Whispering Pines, Incorporated, stated that the emergency access onto Eastwood Drive in Palm River is no longer necessary because they will have a new fire station near Livingston Road and that access will be sufficient. He stated that they have met with the Imperial Golf Homeowners Association and have reached an access agreement. He stated, in the agreement the petitioner has agreed to certain conditions. He outlined these conditions. Heavy equipment will be used at alternative route, access through the Imperial Estate will not be used until Livingston Road is in place. Mr. Baker stated, the people feel that Airport Road should not be extended. And he said, if the Airport Road were to be extended straight through, it would go through a very sensitive extension of Cypress Head and permit difficult to obtain. Clearly, clearly that the county representative/planner, Bob Page 165 November 18, 2008 Duane, stated that we're removing that item off of the ordinance. COMMISSIONER HALAS: In fact, there was another letter dated July 26, 1993, by Mr. Oehlers to Mike Volpe, who was the county commissioner at that time, and states that, in February we informed Eastwood Drive could not be used, for whatever reason, and request the status of the ordinance changed, as the ordinance has never been amended, and has this item been abandoned or just ignored? And that was by Mr. Oehlers, I believe, who resides at Imperial Golf Estates. And then as late as February 26th, Chief Brown of the fire department basically said that the additional point of entry at Livingston Road would greatly increase the district's ability to respond in a timely manner to emergency calls. So I move that the ordinance that was there, 87-55, be rescinded and that the board vote so that this ordinance is -- comes to an end, and that we move forward since the county's even involved in trying to get access out to Livingston Road. And there's been an effort on my part, along with people ofMr. Oehlers and also the current president, Tom Harruff, to see if we can't expedite getting the necessary right-of-way to get this road all the way out to Livingston. In fact, I believe that the South Florida Water Management also sent a letter -- and correct me if I'm wrong -- but that they've given up ownership on that area where the road needs to go through because someone in another PUD had placed a conservation easement over it. COMMISSIONER FIALA: So that's your motion, sir? COMMISSIONER HALAS: Yes, my motion. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HENNING: Wait a minute. Is that a good motion? MR. KLATZKOW: Well, I -- we have this rezoning ordinance, and the rezoning ordinance is fine. I think the issue is, subdivision W of it where it says, an emergency access road is required basically Page 166 November 18, 2008 onto Eastwood Drive, I think that's the only portion of the ordinance, or if you believe there was a scrivener's error, it should not be included, then we should delete it. COMMISSIONER HALAS: Included in 87-55 was a lot more; is that correct? MR. KLATZKOW: Yes, 87 -- yes. CHAIRMAN HENNING: Yeah. So just the board identifies that there has been a scrivener's error -- COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: -- on this ordinance, 87-55. COMMISSIONER HALAS: All right. Scrivener's error on that pertaining to access through Palm River using Eastwood. COMMISSIONER FIALA: For provision W? MR. KLATZKOW: Yes. COMMISSIONER FIALA: For provision W. You have to mention that. COMMISSIONER HALAS: Okay. COMMISSIONER FIALA: That's my second. CHAIRMAN HENNING: Okay. But we need to hear from the public speakers now. MS. FILSON: You ready? CHAIRMAN HENNING: Yep. MS. FILSON: We have 26 speakers. Howard Markoff. He'll be followed by Dick Ritchie. CHAIRMAN HENNING: And when you come up to speak, if you agree with the board's motion and a second, you just state that on the record, or if you disagree, go with your presentation. You have three minutes; no more than that. And we're going to start with one speaker over here and the next speaker goes over here. So who was the next speaker? MS. FILSON: Dick Ritchie. CHAIRMAN HENNING: Okay. Mr. Ritchie, are you going to Page 167 November 18, 2008 speak today? MR. RITCHIE: I'm here. I agree with the motion. CHAIRMAN HENNING: Okay. Now, the first gentleman that was supposed to speak? MR. MARKOFF: Howard Markoff. I also agree with the motion. CHAIRMAN HENNING: All right. Next speaker? MS. FILSON: Tom Harruff. MR. HARRUFF: I also agree with the motion. CHAIRMAN HENNING: Next speaker? MS. FILSON: Harlan Dam. MR. DAM: I agree with the motion. MS. FILSON: Herb Oehlers. MR. OEHLERS: I agree with the motion. MS. FILSON: Julius Maros. MR. MAROS: I disagree. CHAIRMAN HENNING: Okay. Next speaker? MS. FILSON: Do you want to speak? MS. MAROS: Yes. CHAIRMAN HENNING: Okay. You want to speak? MR. MAROS: Yes. MS. FILSON: You're Julius Maros, okay. He'll be followed by William Snlith. CHAIRMAN HENNING: Mr. Smith? MR. SMITH: I disagree with the motion. CHAIRMAN HENNING: You want to speak? MR. SMITH: Yes. CHAIRMAN HENNING: Okay. Go ahead, sir. MR. MAROS: Good afternoon, Commissioners. My name is Julius Maros. I live at 2022 Castle Garden Lane, Imperial Golf Estates. First of all, I want to thank you for giving me the opportunity to speak to you today. Imperial board has been trying to build an emergency road to Page 168 November 18, 2008 connect to Eastwood Drive to comply with ordinance 87-55W. A committee was formed for this project, and I serve on that committee. The board has hired Johnson Engineering firm. Committee has meetings with the fire department, planning department, transportation department, and stormwater department to get their input on what the county requirements were. I met with Stevie Seal in the engineering department and have an email from him that there were no environmental or planning department concerns or issues with the proposed emergency road. We have met with some of these departments several times. Our plans met all the requirements of the fire department. Deputy fire chief has signed our plans for the emergency road. Both Fire Chief Brown and Chief Stoltz said on April 7th that the Eastwood emergency road was a good idea. Chief Brown stated that he did not think that we would have any problems with the fire commissioners. After all these meetings and getting their input, we have sent the plans to the South Florida Water Management District where they are at this time. Once they approve them, we will be ready for submitting them to the county for our permits. It appeared to several of our members -- and it appeared our board was not moving as quickly as they should have on this project. Several Imperial members applied to code enforcement for help. Code enforcement was first contacted on 4/28/08. We have had meetings, emails, and phone conversations 14 times with code enforcement. We have talked to and met with two county attorneys, the director of code enforcement, and investigators. All this time we were checking on the ordinance, 87-55W, to see ifit was repealed or was still good on the books. I have emails back that two of the county attorneys say that the law's still good. A third county (sic) told me that we should apply for our permits for the emergency road. He also said that Mitch Riley of transportation will probably bring the application back to the legal Page 169 November 18, 2008 department, and it would then go to the commissioners for your reVIew. Why would you repeal a change in ordinance today when, in fact, the Livingston Road matter is in litigation and will probably not be resolved for years? No one can predict the outcome ofthat case. If you allow Imperial to proceed with the Eastwood emergency road, it could probably be completed in the next six months. If Imperial had the Eastwood emergency road completed, Imperial would still pursue the Livingston Road project. According to Deputy Chief Reynolds, if the Livingston Road and station were completed, the Eastwood emergency road still would be an asset to our community. He stated that when there is a house fire, they send out two fire companies to that house fire. If Station 45 responded, they would still use the Eastwood Road because of the savings in time response. I am asking you to, please consider all the facts and do not remove the right-of-way or change ordinance 87-55W in any way to stop our progress of building this road. Please do this for the health, welfare, and safety of all the concerned citizens. Again, I thank you for your time. MS. FILSON: Next speaker is William Smith. He'll be followed by Francis Hoy. MR. SMITH: Good afternoon, Commissioners. My name is William Smith. I've lived in Imperial Golf Estates for 13 years. I come before this board to ask you to take no action, in any way change or hinder the progress that we, the residents, have started to put an emergency road in Eastwood Drive. The project will cost the taxpayers nothing and will enhance the abilities of all the emergency services to gain access in a shorter and quicker way into Imperial. The national standard for the Naples Fire Department district, they have a goal of four minutes for a response time. Right now it takes approximately 16 minutes to get a unit to come in there. Page 170 November 18, 2008 Chief Brown has told us that by having the entrance on Eastwood Drive, which they'd come out of Station 45, would only take half that time. It's a much shorter distance and quicker way in. Chief Reynolds also told us that the Station 45 sends equipment to Imperial approximately once a week. So that's like approximately 59 calls have gone into Imperial. So once a week you have less mileage, you save time, the apparatus doesn't have to be out there as long. It's a win-win situation for everyone. I mean, we're not -- we're not asking that the other road, which is supposed to be not only an emergency service road -- but they're talking about having access for residents also. This road is strictly for an emergency access. And the amount of time to get this road in -- is going to be a much shorter -- you know, it's an impervious road. It's going to be a much quicker dung than the other road because the fire station is already there. We don't even have a fire station on the other -- on Livingston Road. So all -- it would be a plus for everyone, and I think it would be especially for the residents that are in Imperial. Thank you. CHAIRMAN HENNING: You know what would be a real benefit, if you have that interconnection to Eastwood, if you removed your gates on US. 41 so that people from Airport or Immokalee Road have a shorter way to get to US. 41. That would be a real benefit. Is that a possibility? MR. SMITH: We have no access at all on 41. I mean, we only have the front gate. CHAIRMAN HENNING: Right. MR. SMITH: I mean, we only have the front gate. You talking about to go to Airport? CHAIRMAN HENNING: The front gate on US. 41. MR. SMITH: Right. That's the only entrance we have right now. CHAIRMAN HENNING: Right. But if we had an entrance on Eastwood to Imperial and continue onto US. 41 for the general public Page 171 November 18, 2008 to go onto US. 41 -- MR. SMITH: It would be longer. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Francis Hoy. MR. HOY: I agree with the motion. I don't want to say anything unless the motion were to fail. MS. FILSON: Howard Rutizek. MR. RUTIZEK: I defer my time to Glenn; however, I stand ready if you have a question for me. MS. FILSON: Louise Hoy. MS. HOY: I agree with the motion. MS. FILSON: Ken Oehler. MR. OEHLERS: I agree with the motion. Defer my time to Glenn. MS. FILSON: Brian Leaders. MR. LEADERS: I agree with the motion. I would defer my time to Glenn Stevens. MS. FILSON: Glenn Stevens. He'll be followed by Amy Chieffo. MR. STEVENS: Thank you, Commissioners. We appreciate the chance to be here. As many of the presenters from Palm River just indicated, they support the motion. And I would do the same thing; however, we would reserve the right to readdress this issue if any changes are made in subsequent discussion. Otherwise, we have no capacity to come back. If that would be an understanding and you would be in agreement with that, then I could certainly come back and offer some specific comments to rebut the testimony that's been put on by some members of the Imperial community. CHAIRMAN HENNING: And I recognize that and support that. MR. STEVENS: Thank you. MS. FILSON: Amy Chieffo. MS. CHIEFFO: I agree with the motion. Page 172 November 18, 2008 MS. FILSON: Charles -- and I can't read your last name. P-A-L-M -- MR. PALMISANO: Palmisano. MS. FILSON: Palmisano. He'll be followed by Chip Pagan. CHAIRMAN HENNING: Mr. Hagan (sic)? And then after Mr. Hagan, it is who? MS. FILSON: Nick Bobzien. CHAIRMAN HENNING: Mr. Bobzien. Okay, you're going to speak. Thank you, sir. MR. PALMISANO: Well, I'm not a public speaker, but I'm going to tell you what I think. COMMISSIONER FIALA: What is your name? MR. PALMISANO: I don't think you should repeal at this time. You're putting all your eggs in a basket that Marquis gate is going to be open may -- of Livingston Road. That's probably three or four years away, if it even goes through. But in the meantime, you want to repeal and fix it so we can't go to the emergency on Eastwood Drive. There's no reason to do that. I don't know what you got to gain by doing that. It should be left open just the way it is. And I honestly believe that we should go ahead with having the road on Eastwood Drive, because here's what happened. Two years ago we had a hurricane. As you know, we only have one entrance and exit on 41. Two days, couldn't get in or out. So we have no way in or out. And this is -- even emergency vehicles couldn't get in. So this is why we really want the Eastwood Drive, just so people can get in and out, hurricane, whatever. And it's -- I don't know why you got to repeal it now, because this isn't -- I'd be willing to bet this isn't going to happen. So where are we? You're repealing it for no reason at all. Now, if we come to you and we want you to do it, well, that's a different story. By as it stands right now, I just wouldn't -- I don't Page 173 November 18, 2008 agree with it, sorry. CHAIRMAN HENNING: Your name, for the record, please? MR. PALMISANO: Charles Palmisano. CHAIRMAN HENNING: Can you say that in the microphone, please? MR. PALMISANO: Charles Palmisano. CHAIRMAN HENNING: Thank you. (Applause.) MS. FILSON: Next speaker is Chip Pagan. He'll be followed by Nick Bobzien, who will be followed by Robin Mathieson. MR. PAGAN: Good afternoon, Commissioners. My name is Chip Pagan. I live at 1944 Imperial Golf Course Boulevard. I think the problem here is the residents of Palm River have a problem with fire trucks coming through county roads which they reside on into our development. You're talking about 50 homes that are affected on Cypress Way only. Them coming in -- fire trucks coming into our development does not affect most of Palm River, okay. I could understand everyone's concern in Palm River if we're talking heavy construction vehicles coming through all hours of the days and night, you know. But to prevent fire trucks coming into our development to help save lives and property is ludicrous. The entrance from Palm River into Imperial is for emergency vehicles only. It would be locked and at all times -- and only used by necessary emergency vehicles. Another case in point which was brought out during the Hurricane Wilma, our only entrance was blocked for an entire day. Thank goodness there were no medical emergencies. But if we had this entrance available, it could be opened up for our residents to get out in an emergency, or if Palm River residents need to get out, we would be happy to let them use our private roads. We would -- we all know that Imperial has a lawsuit in place Page 174 November 18, 2008 with Milano. This is going to take a long time to settle. We're looking into probably 2010 at the earliest. We don't know the outcome of this. Supposing the judge rules in favor of just emergency vehicles only. You're talking a cost with Eastwood of over $2 million. With the Eastwood/Rivergate, you're talking a cost of $186,000. That we can do right now. So pretty much what I'm asking you to do, repeal this law, and you'd be opening up a big can of worms that may come back to haunt you for years to come. I say, the best interest of all, let sleeping dogs lie, let the law alone, and let us get on with our gate. (Applause.) MR. PAGAN: Thank you. MS. FILSON: Nick Bobzien. CHAIRMAN HENNING: If you hold down the applause-- MS. FILSON: He'll be followed by-- CHAIRMAN HENNING: -- we can get through this a lot faster MS. FILSON: -- Robin -- CHAIRMAN HENNING: -- and I would really appreciate that. MS. FILSON: Okay. And Robin will be followed by Robert Jennings. Okay, sir. MR. BOBZIEN: Nick Bobzien. I'm the president of the rec board in Milano. For the record, I disagree with the motion. In addition, Tom Harruff, president of the Imperial board agreed with the motion, and he's the one who signed this application for this Palm River emergency access. I find that a little inconsistent. Milano is here today because the negative impacts of potential full access to Livingston Road on our community and the public at large are far greater than the emergency access through Palm River. For the brevity of time, I've prepared a statement which I would like to read into the record with reserved time at the end to answer any Page 175 November 18, 2008 questions you have. On June 24th, 2008, the Board of County Commissioners directed staff to start code enforcement action against Milano for failing to allow Imperial's exclusive full access road connecting to Livingston Road. First, the executive summary does not fairly summarize the code enforcement action versus Milano. Contrary to the term -- to the use of the term interconnection in the executive summary, the county does not seek a code violation for interconnection with Imperial, which implies that the county's building or maintaining a public road to bene- -- excuse me -- to benefit multiple property owners or the public at large for east/west access between Livingston and U.S. 41, Tamiami Trail. As stated in the executive summary, Imperial has sued Milano in a private lawsuit for full access to Livingston Road benefiting only Imperial. Imperial has unequivocally rejected emergency-only access to Livingston Road, instead electing to pursue an alleged easement being evaluated by the courts. That type of access does not serve the public good and, in fact, causes harm to Milano. Second, the county is using its police power in code enforcement to force questionable access to Livingston Road while at the same time the county is considering an elimination of a valid and clear rezone commitment in ordinance 87-55 that provides for immediate and prompt emergency response time at a fraction of the cost. Even worse, this case is pursued on behalf of Imperial for failing to allow a full access road benefiting only Imperial because of an alleged oral commitment not stated in Milano's PUD document. Circuit Judge Frederick Carr examined Milano's PUD in a recent preliminary hearing on Milano's rights under its PUD and didn't find anything close to what Imperial and the county seek in code enforcement. In closing, using code enforcement selectively to support a Page 176 November 18, 2008 discussion to ignore emergency access clearly required by ordinance 87-55 in favor of unspecified and potentially unlawful access that serves only a private benefit does not protect the health, safety, and welfare of the public and sets dangerous precedence for future zoning decisions. Thank you. MS. FILSON: Robin Mathieson. She'll be followed by Robert Jennings, who will be followed by -- CHAIRMAN HENNING: Mr. Jennings? Okay. MS. FILSON: Steven, A-D-A-M-E-Z (sic) -- MS. MATHIESON: Adamczyk. MS. FILSON: Thank you. MS. MATHIESON: You're welcome. My name is Robin Mathieson and I'm a resident of Milano. I'd like to focus on a particular point today, and that would be about premature and arbitrary decision making and abuse of discretion. At this time, due to a lawsuit brought on by Imperial Golf Estates against Milano, the courts are deciding whether legal access exists to Livingston Road and, if so, what type of access. So a question I ask, has the county analyzed the facts and the law involved with that litigation and satisfied itself that access sought to Livingston by IGE is viable? If not, then even considering eliminating the emergency connection through Palm River is premature and arbitrary and does not serve the public interest. Next, the county attorney openly states in the code enforcement action against Milano that the Milano plat approved by the county creates problems for access to Livingston Road because of open space requirements in the PUD, also approved by the county. Has the county analyzed the Milano plat with planning staff and determined whether county's open space and preserve requirements in the Milano PUD will be violated if the road to Livingston is built? Page 177 November 18, 2008 Wetlands authorities must be satisfied before any type of access can be constructed to Livingston. Has the county analyzed wetland impacts and Milano's South Florida Water Management District permits and obtained approvals from them? Please note, there are no known wetland or environmental restrictions on the Palm River access point. Has the IGE HOA made application to the county for approval of access to Livingston? If not, it's clear that a court decision on access rights to Livingston is first needed before making any determination on whether the Palm River connection can be eliminated. Milano has reviewed its own PUD rezone file at the county and did not find any studies on the impact of potentially thousands of trips from IGE per day through Milano's smaller community connecting to a dangerous curve at Livingston with no traffic signals and insufficient stackings. In closing, it appears that the county's making many critical assumptions that the safety and welfare of the Milano residents and public at large would not be adversely impacted by the Livingston connection. It is, therefore, to me, premature, arbitrary, and against public interest to consider rejecting the Palm River emergency connection in reliance on what might happen on the Livingston issue. Thank you. MS. FILSON: The next speaker is Robert Jennings. He'll be followed by Steven Adamczyk, and Steven will be followed by Mark Adamczyk. MR. JENNINGS: Good afternoon, Commissioners. My name is Bob Jennings. I reside at 15659 Marcello Circle, Naples. I want to address the board on the following, and I'm going to -- for the sake of brevity, I'm going to read the statement into it. Due to the time constraints and the potential impact of these proceedings on the Milano community, I have prepared a statement that I should like to read for the record. Page 178 November 18, 2008 I will start with the response time currently. Currently the response time for emergency services for IGE is 16 minutes, as stated earlier. The response time through Palm River, it's indicated to me, would be approximately four minutes. The BOCC decision to deny the Palm River connection required by law would need extremely strong legal and policy grounds to ignore the liability created by arbitrarily and prematurely denying current emergency access through Palm River. Further, has the county considered lawsuits from IGE residents who may die or suffer severe injuries because they cannot get prompt emergency services while the issues with the Livingston correction are being resolved? There are potential -- there are potential appeals in the prior lawsuit between IGE and Milano. Regardless of who wins, there will all certainly be an appeal to the circuit court if the code enforcement case to force access to Livingston is somehow successful. What lands authorities must issue permits? County staff must be satisfied that the connection to Livingston is viable under traffic regulations and otherwise permissible. All of these considerations could take years. If someone dies in that period because of inadequate response time, there will be a record of this discussion. This potential liability is in addition to the liability for damages that Milano sees against the county in the code enforcement proceedings for prematurely taking approved property rights from Milano without a proper determination on the parties' property rights. While important, the opposition's concern involves investors -- are unlikely to happen and is outweighed by the urgent need for emergency access to IGE. The impact of emergency-only access in Palm River is minimal, and it is important to remember that the roads in Palm River are county roads. These roads should be used to protect the health, safety, and welfare of the public at large and not just Palm Page 179 November 18, 2008 River residents. IGE residents will have -- not have the option of using the access point for regular traffic. The access will be limited to county emergency vehicles only. Proper measures can be taken to secure the emergency gate. Weare talking about five or less emergency trips per month, as compared to at least a thousand trips a day right through the heart of the Milano community. This is based on the fact that last year, according to the county records, there are a total of approximately 51 runs into IGE. Again, the Palm River roads are public. IGE residents should have equal opportunity to use these roads, especially if the access point will save lives. Thank you. MS. FILSON: The next speaker is Steven Adamczyk. He'll be followed by Mark Adamczyk, who will be followed by Bob Ashton. MR. ADAMCZYK: Good afternoon, Board. My name is Steven Adamczyk. I'm the co-counsel for Milano recreation. I disagree with the motion. I'd like to bring the board's attention first to the BOC -- the board minutes from the 87-55 adoption. In meeting, the need for Livingston Road is almost expedited by the board because access was an issue at that time. Only half of the 150 homes in Phase 5 were allowed. Now, nine years later Imperial came back, and this instituted ordinance 96-48, amending 87-55. Now, what that did was waive the limit for the completion of the remaining half homes in Imperial. This was presumptively because Livingston at the time was delayed and shifted east. Now, please also note that what -- the only change to 87-55 was that the Livingston Road requirement connection was removed. The Palm River connection was -- remained within 87-55. Now, this indicates to me a clear intention by the county that access to Livingston was not critical. If it was, I would like to think that the county would make sure the Livingston Road connection was Page 180 November 18, 2008 -- remained within the ordinance and the Palm River connection was removed; however, that was not what happened. This, coupled with the fact that there are great legal questions in litigation at this moment in the Collier County Circuit Court about the future of the Livingston Road connection, indicate that the Eastwood connection is critical to the safety, welfare, and benefit of the county at large. Next I raise one final point of legal analysis with the board, is that one option this board has today is deny the permit or to repeal the ordinance. If this board succeeds at this, the board would have to make a decision bearing substantial relation to the health, safety, and welfare of the public. Further, the decision would need to be supported with competent evidence on the grounds for this denial or repeal. Now, evidence on the health, safety, and welfare defined by Florida law involves many things. Three I'd like to raise to the board today are: First, the current emergency response times to IGE residents. You have heard testimony today indicating that response time would be half by allowing the east road connection, and the potential Livingston fire station is years away, which creates great liabilities and certainly threatens the health and safety of any resident in the back of Imperial. Second, comparative negative impacts in the emergency road through Palm River compares the negative impacts of full access to Livingston and Milano and the public. You've heard that today. Finally, there needs to be a discussion, the need to protect, enforce all county ordinances equally and fairly. What's before the board today appears to be strictly in the interest of private interests and not the public benefit, welfare, and safety. Thank you. MS. FILSON: The next speaker is Mark Adamczyk. He'll be followed by Bob Ashton, who will be followed by John German. MARK ADAMCZYK: Good afternoon, Commissioners. Mark Adamczyk, representing Milano recreation as well. I obviously Page 181 November 18, 2008 disagree with the decision, and that decision I hear was made on the basis that the board 21 years ago clearly made a mistake or a scrivener's error. I'd like to get into the record the legal standard for when a scrivener's error can be excused to rewrite a contract. The board must find that -- competent evidence that both the developer and the county made a mistake and did not intend to write down what was written down. I don't think that there's been a clear presentation of evidence today other than some hearsay letters that have been submitted in the county attorney's executive summary. And I'd like to point out, if we're so sure that it was a mistake, stipulation number three in the approval of 87-55 says, and I quote, day-to-day traffic using Cypress Way east to be limited to five tons, so they obviously had some discussion on connection through Palm River and it included day-to-day traffic. I'd also like to point out that they wanted to expedite the Livingston Road connection, but that clearly didn't happen. And as my predecessor said, they eliminated the requirement in 1996. It couldn't have been that important. We're relying in that connection today, which is in litigation that's certain, in eliminating a connection that could save lives. And if -- my predecessor said, if another year or two goes by and somebody dies because it takes four times in response time to get into IGE right now, there will be a record of this discussion. In short, the evidence, and it ever appears weak, the discussion on the record continued even after the developer, Judge Baker, made a comment on the objection, it was no longer necessary. As Mr. Klatzkow said, it wasn't hashed out. It wasn't clearly agreed to. There was no exception from the stipulations. The IGE plat for Phase 4, which abuts Eastwood Drive, shows Eastwood Drive connecting to Imperial Golf Estates. It's right on the plat. Why else would it be there if it wasn't intended? Page 182 November 18, 2008 Milano also has grave due process concerns today. Let it be noted for the record that a repeal or amending of an ordinance was not on the agenda for today. Only a right-of-way application was, and that was not ever discussed. And there needs to be a certain amount of due process before the -- a new ordinance can be affected. There's case law out there that says you have to find an abuse, an impropriety, or an incorrect application of zoning law before you can interfere with a prior zoning decision. There's a case earlier that says, when you're talking about residential property rights, these folks have a right to have an emergency access road through Palm River. You must choose the least restrictive means to get there. And clearly, an emergency access road through public roads is less restrictive than full access which mayor may not occur. It's important to know that ordinance 87-55 is not a PUD. Ifwe're trying to get to this result by saying, it's no longer necessary, only in a PUD procedure can you do that under section 10 of the Land Development Code, this would require a full rezone and a new ordinance. The executive summary says somehow this is okay because there was a vigorous pursuit of access to Livingston Road. 87-55 is its own law -- CHAIRMAN HENNING: Thank you. MARK ADAMCZYK: And we'd just request that you enforce the ordinance and process the application. Thank you. CHAIRMAN HENNING: Thank you. County Manager? MR. MUDD: Commissioner, first page on your agenda says, Collier County ordinance number 2003-53, as amended by ordinance 2004-5,2007-24, 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 of the minutes and records department. Page 183 November 18, 2008 I've looked at my list, and both Mr. and Mr. Adamczyk, your two previous speakers, are not registered. CHAIRMAN HENNING: Oh. MR. ADAMCZYK: I registered 30 minutes ago. MARK ADAMCZYK: Commissioner, he registered before today. I registered a few months ago when Milano was taking the code enforcement. It should be in the record, sir. If that's a problem, I'm also an owner of property in Milano and I can, you know, speak on behalf of the community today. CHAIRMAN HENNING: You already spoke on representation, right? MARK ADAMCZYK: I was here on behalf of the community. CHAIRMAN HENNING: Okay. Well, thank you, gentlemen. MS. FILSON: The next speaker is Bob Ashton. He'll be followed by John German, who will be followed by Robert Neff. MR. ASHTON: My name is Bob Ashton. I'm a resident of Delasol. I just want to make a few points. Delasol's an interested party because it's involved in the Imperial Estates litigation, and the Board of County Commissioners' direction impacts the likelihood of access over our property. The decision to now eliminate or reject a viable emergency access point is premature because of the litigation on the Livingston route. County efforts in code enforcement and in denying or rejecting Palm River access in favor of private access for Imperial Golf Estates to Livingston is inconsistent with Delasol's PUD. County is favoring one ordinance over another for a reason of emergency access, that the county's access rights over Delasol property obligate the county to consider its recent analysis of 2003 of the Delasol PUD, access reserved for public benefit and not for the exclusive benefit of Imperial Golf Estates. Thank you. Page 184 November 18, 2008 CHAIRMAN HENNING: Thank you. MS. FILSON: John German. He'll be followed by Robert Neff. CHAIRMAN HENNING: Sir, if you could. MR. NEFF: Robert Neff. I strongly support the board in this matter. CHAIRMAN HENNING: Okay. And is this the final speaker? MS. FILSON: Yes, sir. CHAIRMAN HENNING: Okay. MR. GERMAN: John German, representing the North Naples Fire District. Commissioners, I'm here to -- just to add some clarity if there is need to for Chief Brown's letter. The fire district's position is pretty well stated there. And so he just -- he sent me here if there was any questions from the board. COMMISSIONER HALAS: Could you state that on the record what the clarification is from Chief Brown? MR. GERMAN: No. There is no clarification, and I think the district's position is very well stated in his letter. But ifthere was any question of what the intent was, that's why I'm here. CHAIRMAN HENNING: I don't see any questions. MR. GERMAN: All right. Thank you. CHAIRMAN HENNING: Commissioner Halas, I have a question. Would you amend your ordinance (sic) to say that the board -- or add to it the board finds there was a scrivener's error in this ordinance? COMMISSIONER HALAS: Yes, I will. CHAIRMAN HENNING: And that includes your second? I want to read something to you. And I was looking for this. And I'll bet you if I go up to the minutes and records that I could find the actual executive summary that further states it, because these minutes are not verbatim by the Clerk of Court. In answer to Commissioner Glass, Mr. Duane stated that Page 185 November 18, 2008 stipulation X is no longer being required by the fire department since the access through Imperial has been resolved, and then it goes on to Attorney Frank Baker. And then, it says it passed. Commissioner Glass moves, and seconded by Commissioner Pister and carried unanimously, that the ordinance number entitled below be adopted and entered into ordinance book 27 with the following stipulations, all staff stipulations. Heavy equipment brought through the property through FP&L easement, day-to-day traffic using Cypress Way East limited to five tons, right-of-way for Airport Road not to be levied against developer, and request that the petitioner meet with staff to expedite the construction of Livingston Road. It's clear to me that it was in error on the part of staff for leaving that W in there. I'll provide this to anybody who wants it. And I'm going up to minutes and records and find the executive summary. And I'm kind of embarrassed that the county attorney and county staff did not do more work on this to find what -- the true intent of the Board of Commissioners. Clearly that -- the stuff that's in the packet would lead you that there's more work to be done, some due diligence, and it wasn't done. MS. FILSON: Mr. Chairman, I'm sorry. We have one additional speaker. He had 11 C down here -- and I didn't catch it -- instead of 12C. Robert Cooperman. CHAIRMAN HENNING: Okay. MR. COOPERMAN: I appreciate the time. My name's Robert Cooperman. My wife is mad as hell at me for spending two days on this, and if I don't read this I can't go home. CHAIRMAN HENNING: Please read it. MR. COOPERMAN: It's less than two minutes. I live in Section 5 of Imperial. My house is exactly three miles from the front gate out of the development. Page 186 November 18, 2008 At the present time, as I stand before you, I have well over 60 percent of blockage in my two main arteries, and doctors say that I could be a time bomb waiting to happen. Presently, as you've heard over and over again, the response time to my house is approximately 16 minutes, and I don't think there's anyone in the audience that can get up here and say that 16 minutes is an acceptable time. And while I'm here -- and I don't represent anybody else -- we must assume that there are countless other people in Section 5 who have health concerns equal or proximating mine. When the ordinance was considered -- and I don't know anything about mistakes -- but the ordinance clearly says the planners stated and the committee stated in the ordinance that there were no terms in the ordinance as written that would adversely affect the people of Palm River. That is in black and white. As of today, our board has spent sizable monies in engineering and other aspects to proceed to connect to Eastwood Drive. As we speak, the permitting process has already begun. If concluded, we will have a four-minute response time. This can be achieved in a matter of a few months in '09. The ongoing litigation, which you've heard repeatedly -- I don't have to go into it -- is going to decide if Imperial can connect to Livingston Road. As you've also heard, a court decision cannot come until late in two oh nine at the early earliest, and possibly in two ten. Milano has repeatedly said that its residents are determined to appeal that to a higher court if the decision should be adverse to them. This will take Imperial connection to Livingston Road at least until 2012, if at all. The fire department has estimated -- and I was at the meeting when the plans were approved -- that the new firehouse to be constructed on Livingston will not be fully operational or available for operation subject to staffing constraints with the budget until at least Page 187 November 18, 2008 2011. No ambulance is included in the construction plans. CHAIRMAN HENNING: Thank you, sir. MR. COOPERMAN: I'm almost-- CHAIRMAN HENNING: You're done. MR. COOPERMAN: I'm-- CHAIRMAN HENNING: You're done. MR. COOPERMAN: I'm done? CHAIRMAN HENNING: Yep. MR. COOPERMAN: Two more sentences? CHAIRMAN HENNING: We shouldn't make somebody do something because of a bad ordinance, something that never was intended to be there. We can resolve this at a later date. But, you know, it's clear to me that that wasn't the intent to be in there. So any further discussion on the motion? Commissioner Fiala? COMMISSIONER FIALA: Yeah. I don't know whether I should be saying this or not, but I'm going to try it, and you guys can just shut me up. As I read through this -- and, of course, the North Naples Fire Department said that Eastwood Drive in Palm River is just not viable for them to go through anyway. It's only a last resort because of the speed humps and the speed limit and the bridge that won't even support their emergency apparatus. So it's very, very clear to us that North Naples does not consider this a viable exit; however, so many people have talked about emergencies and health, safety, and welfare, and I was wondering if there's -- if it could be considered -- not in this vote -- but, you know, if it could be considered, could there be ever a temporary emergency exit until such time as they can connect to Livingston and then cut that off? COMMISSIONER HALAS: Well, the problem is, I feel that, first of all, if you've been into Palm River, the roads there are more narrower than any other place that we have in the county. Page 188 November 18, 2008 And there are no sidewalks in that community. Also, there are speed bumps in there. And, in fact, when a bus comes down the road to drop the children off, anybody coming in the opposite direction has to get off on the grass of somebody's lawn. So the other problem that concerns me -- and I believe that the county attorney brought this up -- that this was on the books for over 21 years. Nothing was done about this. What prompted somebody to look into this was the fact that stormwater management had gone out there and did some clearing. And in the process of doing the clearing, they cleared out all the brush around this particular area, and all of a sudden, it was like, eureka. We've found something here. And instead of proceeding -- because if you remember, when the school, Royal Palm Academy, had come in front of the board, we at that time addressed the issue of getting an access out to Livingston for the people in Imperial Golf Estates. And, of course, there was something that went awry in regards to exactly how that was put in the PUD in regards to making sure that the people of Milano -- when that was part of the Royal Palm Academy, I believe, that there was going to be access put in there. And County Attorney, correct me ifI'm wrong. And since that time there's been dialogue between our county attorney and the attorney that represented that particular PUD, and I believe that there's been some correspondence saying that the intent was that there was to be an exit out there to -- out to the road out there. COMMISSIONER FIALA: Livingston. COMMISSIONER HALAS: Livingston Road, okay. So that's how we've gotten to this -- into this deal. And of course, this whole discussion came up a number of years ago, as Commissioner Henning brought out, that this was a scrivener's error, that it was supposed to have been taken care of when Commissioner Volpe was sitting at the dais, and obviously there might be some other correspondence out there. Page 189 November 18, 2008 But as it stands right now, what's happened now is, as you listen to all of the different people, there are Imperial Golf Estates, Milano, and -- what's the other one -- Delasol, so we have that, and now they want to drag in Palm River, which really doesn't have a dog in this fight, okay, until just recently. So now you've got four neighborhoods that are in a warring mood instead of sitting down and trying to figure out what needs to be done on this whole issue. So I really think that what we need to do is go forward with the motion that was on the floor, and then from there we'll let the courts decide exactly what's to take place and to make sure that there is the proper ingress and egress out the back gate for the people of Imperial Golf Estates. COMMISSIONER FIALA: And by the way, I did travel those streets, and you're right, they are very tiny. There aren't many streets that are that thin. CHAIRMAN HENNING: Limerock roads in Golden Gate Estates. COMMISSIONER FIALA: And my second stands. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I've been listening to the discussion going back and forth. And I -- the only thing I see is a bunch of lawyers are going to get very wealthy over this situation. In talking to the people that were playing into it, there's two things that I noted. One, Milano felt like they were shortchanged some time ago with a lack of a gate. They were supposed to be a gated community. And that gate wasn't able to be put in because of that possibility of Livingston Road exit for the Imperial Golf Estates. Possibly you might be able to resolve this situation, just sit down with them and come up with some simple way where they put one gate in at the end of Milano that the people from the Imperial Gulf Estates could access, Milano could access, and Milano would have the right, if they ever wanted to, to be able to go all the way back to 41 Page 190 November 18, 2008 through Imperial Golf Estates. Why is this so God darn difficult? Sit down with them. See if you can get them to drop the stupid lawsuit, start putting their money that they have back into their association and make themselves whole agam. CHAIRMAN HENNING: Any further discussion on the motion? COMMISSIONER COLETTA: No. CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. The next item is? MR. MUDD: No more time certains, sir. CHAIRMAN HENNING: We're going back to public petitions. Item #6B PUBLIC PETITION REQUEST BY JOSE ARMANDO AND MARIA CABRERA TO DISCUSS "SHOPPING CENTER" WITHIN A PUD - BRING BACK TO THE DECEMBER 16,2008 BCC MEETING - APPROVED MR. MUDD: This brings us back to public petition 6B. A public petition request by Jose Armando and Maria Cabrera to discuss a shopping center within a PUD. CHAIRMAN HENNING: You can call us later on. We have another process going on. Page 191 November 18, 2008 COMMISSIONER COLETTA: There may be some of these public petitions we'll have to move forward to another day. I'm not too sure if they're here. Could you announce it one more time? MR. MUDD: The next item on the agenda is Item 6B. It's a public petition request -- COMMISSIONER COLETTA: Okay. They're here. CHAIRMAN HENNING: Can we calm down in the back there or take it outside, please? MR. MUDD: And I believe Jose Armando and Maria Cabrera are here for -- MS. CABRERA: Good afternoon, and thank you for your time. We, my husband and I, have a commercial zoned building at Golden Gate Estates that has three empty units for the past two years. Because of the limited usages of approved businesses under the PUD requirements, businesses in this community have not been able to open as others close due to this economy. Last year a new tenant had acquired all his permits required from the county to open a new clothing/shoe store. After all plans had been approved and he had invested a large amount of money from his savings to purchase his merchandise, ready to open, county did not approve his occupational license. Same situation with another individual that had planned and invested his savings to open an after-school karate school program to service students from Corkscrew Elementary and middle, Sabal Palm and Estates elementary. After passing all fire inspections and preparing this unit as indicated in his requirements, passing the fire inspections, paying all those fees to county, occupational license was not approved because it wasn't listed under the PUD as permitted uses; however, a letter addressed to one of those tenants dated April 18th, 2008, states 16 uses instead of our approval letter of 13, which are the other three retail stores approved. Commissioners, what is our next step to expand the list of Page 192 November 18, 2008 allowance -- allowable commercial uses in this subdistrict to correlate with zoning districts that allow uses similar to those already allowed in the subdistrict? What are your recommendations to allow our commercial building to be able to fully operate and help us pay our high taxes, insurance, and mortgage costs, helping create more jobs for some unemployed citizens that are hurting in this economy and bringing more services to the community? Thank you. COMMISSIONER FIALA: Commissioner Coletta? I had already called on him. CHAIRMAN HENNING: Yep. COMMISSIONER COLETTA: Yeah. Thank you so much for coming out. And my apologies for the day dragging out so long. I bet you this has been a learning experience for you? MS. CABRERA: Yes, it has, and I commend you for all your work. COMMISSIONER COLETTA: Well, thank you, thank you. What you're bringing up is an issue that's come before us several times, and I do think there's got to be a simple answer. The fact that we have PUDs that are created with specific uses in them, that's to protect the residents that are out there; however, there's other uses that are out there that are, what do you want to call them, nonthreatening in any way. I think that the commission should be able to come up with a simpler process to be able to give consideration rather than going through a variance process, and I'd like to ask Jeff Klatzkow, our county attorney, for a little bit of guidance on this. Did I catch you by surprise on this? MR. KLA TZKOW: No, no. Your problem here is not with the PUD. The problem is with the Compo Plan, and the problem comes when you get very specific in your Compo Plans. You sort of hamstring yourself, and that's where we are right now. You've got a Compo Plan with very limited uses in it that was Page 193 November 18, 2008 approved. The PUD's basically a cut-and-paste job with the Compo Plan, and now these poor people are stuck with it, and there is no shortcut. COMMISSIONER COLETTA: Well, let's talk about that for a minute. How can we go about changing the rules and regulations in a way that possibly a supermajority up here might be able to give an approval for something that's used actually like a clothing store, something that has no serious impact on the neighbor and would be able to offer a service that they're looking for? I don't think we would have had a problem at all with the karate studio going in, you know. I think that would have been a tremendous use and probably been well attended and given a lot of your youth a wonderful opportunity. The shortsightedness of the person that put the PUD together years ago is being reflected now. Is there some way that we might be able to come up with some plan to put into effect and still have a public process that would be there, be able to get there without spending a lot of money or tremendous amount of time. MR. KLATZKOW: Commissioner, I don't know how you would amend the Compo Plan without a fairly extensive public process. I mean, I think the lesson to be learned here is, keep the Compo Plans general and leave the specificities for the PUDs. COMMISSIONER COLETTA: Okay. Well, needless to say, I was hoping for a much different answer. MR. KLATZKOW: I know you were, sir. I'm sorry. COMMISSIONER COLETTA: No. There's no advice that you can give to the petitioner as to what they could do as their next step? MR. KLA TZKOW: You have to seek a Compo Plan amendment. MS. CABRERA: Right, but the Compo Plan amendment requires $30,000 plus a $16,000 application fee, which nothing is guaranteed, you know. COMMISSIONER COLETTA: And I mean, I've been against Page 194 November 18, 2008 this before with impact fees, trying to put a business into one of my commercial establishments, and it would have required another $30,000 in impact fees for that particular business to go in. It wasn't economically feasible. You couldn't write it off against the three- or five-year lease. Commissioner Fiala's got the answer. MS. CABRERA: I hope so. CHAIRMAN HENNING: I think I might be able to help out. The Compo Plan allows shopping centers. MR. KLATZKOW: That's correct. Staff has interpreted that in a certain manner, however. CHAIRMAN HENNING: Pardon me? MR. KLATZKOW: There's a staff interpretation as to what the shopping center means in this particular -- CHAIRMAN HENNING: Within the comprehensive plan? MR. KLATZKOW: Yes. CHAIRMAN HENNING: Who is that staff member that made that? MR. KLATZKOW: I believe -- and Joe can correct me ifI'm wrong -- it was David Weeks. COMMISSIONER COLETTA: I see where Commissioner Henning's going. MR. SCHMITT: For the record, Joe Schmitt, your administrator of community development, environmental services division. On the visualizer, LDC definition defines what a shopping center is. Why this PUD used a term shopping center, we still don't know. It was used when it was -- it was through the history of this Compo Plan amendment as well. This goes back -- the last time this PUD was amended -- I have the PUD -- it's actually ordinance 98-72. And one of the uses, use -- on 3.3A, subparagraph 12, says, shopping center, and shopping center was defined on this sheet, and I'll read it. I have to pull it to read it. Page 195 November 18, 2008 The -- a group of unified commercial establishments built on site which has planned development owned or managed as an operating unit and related in its location, size, and type of shops to the trade area that the unit serves. It consists of eight or more retail businesses or service establishments containing a minimum of 20,000 square feet of floor area. No more than 20 percent of the shopping center's floor area can be composed of restaurants without providing additional parking for over -- for the area over 20 percent. A marina, hotel, or motel with accessory retail shops is not considered a shopping center. Basically the shopping center is a term of art that is used to define what exists out there today. CHAIRMAN HENNING: So wait a minute. It's in the Compo Plan that shopping center is allowed. It's in the PUD that shopping center -- MR. SCHMITT: Yes, sir. CHAIRMAN HENNING: -- is allowed. So where is the problem? I mean, I've seen dress shops in shopping centers. MR. KLATZKOW: Maybe I can get you somewhere, sir. Joe, was there a zoning verification-- MR. SCHMITT: Yes. I was going to go into that. There was a -- there was a zoning letter issued back in April 17th. I think that the best way that they had gone about this is to appeal that zoning letter, zoning verification letter. The applicant came in and asked for a zoning verification letter. The best way would have been to appeal that letter to present to you the facts behind this. CHAIRMAN HENNING: Well, let's go over this letter. MR. SCHMITT: Well-- CHAIRMAN HENNING: First of all, we know that Ross Gochenaur can't opine on the GMP, okay. MR. SCHMITT: All I have is a file copy. There was a copy signed by -- this is a zoning verification letter signed by Susan Istenes. It is -- it is staff research signed off by Susan Istenes. I do not have the Page 196 November 18, 2008 original. This is just the file copy. CHAIRMAN HENNING: Turn the page back. MR. SCHMITT: Yes. CHAIRMAN HENNING: All right. I guess what I read here, basically the property cannot support 20,000 square feet of commercial shopping center use. That's what I see out of that. MR. SCHMITT: That is correct. CHAIRMAN HENNING: And, again, the county manager has told me that the only one that interprets the GMP is Randy Cohen. MR. SCHMITT: That's correct. That's the comprehensive planning director. CHAIRMAN HENNING: So you're not going to get that out of a zoning verification letter. MR. SCHMITT: The comprehensive planning manager provided the input to this to the zoning director. This was included, both a review from the comprehensive planning director as well as the zoning director with -- the input related to the Growth Management Plan, and it goes on to state -- CHAIRMAN HENNING: Hang on. He didn't sign it. There's not a signature place for him to sign it. So it tells me that there's problems down there. You know, different departments need to sign, and there's a specific reason why I want to ask that. MR. SCHMITT: Well, this is a zoning verification letter, Commissioner. It has to do with what is allowed by the PUD. CHAIRMAN HENNING: So my question is, what I see is, the problem, he can't support 20,000 square feet of commercial on that site out of that zoning verification letter. MR. SCHMITT: That's correct. CHAIRMAN HENNING: But he is being assessed and taxed on 20,356 square feet from the property appraiser. We are collecting taxes on this property with more than 20,000 square feet. MR. SCHMITT: Okay. Page 197 November 18, 2008 CHAIRMAN HENNING: I have the property card and I have what you can -- a resident can get off the Internet. So if the objection whether -- I don't know -- nobody needs to answer this. Whether he has 20,000 square feet, I don't care, but government is taxing his property, assessing his property for 20,000 square feet. So if that's the problem, then somebody needs to let go of that real quick. But also I want to say, in the LDC section 2.03.02.B it states, the intent of the C2 district implemented in the Collier County Growth Management Plan within the area designated agricultural, rural Estates neighborhood center districts of the Golden Gate Master Plan and the neighborhood center, the districts of the Immokalee master plan, and the mixed-use district of the Future Land Use Element permits the -- permitted in accordance of locational criteria for commercial in the goals, objectives, and policies intended for the Future Land Use Element in the GMP. So it's saying that the C-2 zoning district is permitted in the subdistricts in the Golden Gate master plan. And I know for a fact in the C-2 zoning district you can have a dress shop. You can have a lot more than a dress shop. So I think what your staff has done has taking (sic) a narrow look on the board's ordinances and rules, and they need to take another look at it. And furthermore, I believe, that the board needs to clarify in shopping centers that C-2 and C-3 uses are allowed. MR. SCHMITT: This is a PUD though. It's not a -- it's not a straight zoning district. It's zoned PUD. And the PUD -- CHAIRMAN HENNING: You know, here's the thing. All throughout Collier County businesses are exiting out of the county and here you've got a place in the county that you want -- they want businesses. MR. SCHMITT: I understand. CHAIRMAN HENNING: They need businesses. MS. CABRERA: We want to create jobs also. Page 198 November 18, 2008 CHAIRMAN HENNING: So, you know, instead of fighting us, why don't you tell us how we're going to get there. MR. SCHMITT: Commissioner, I -- I would support them going out there today. I'm just trying to define the rules and regulations that are in your code. CHAIRMAN HENNING: Do you need a motion, Mr. Klatzkow? MR. KLATZKOW: Commissioner, I think I see where the board's going. We need to get this before the Board of Zoning Appeals. I'd like to come back next meeting with a mechanism that they can get to the Board of Zoning Appeals relatively cheaply so that the Board of Zoning Appeals could decide what is meant by this. MR. SCHMITT: We need to bring back the background on the GMP, the amendments to the GMP, how this GMP was created. If you want to -- it's your GMP, it's our GMP, and our LDC. All we're trying to do is make sure that the rules are enforced as written. If you want to modify these rules, you want to provide us different guidance, then certainly we'll move forward with it. CHAIRMAN HENNING: I want to make it happen because there is a need out in Golden Gate Estates. If that's the vehicle, I'll make that motion. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: Bring it back? CHAIRMAN HENNING: To bring it back to the BZA. MR. SCHIMMEL: I don't think it will be the next meeting. Those executive summaries are due today for the next meeting. So it will have to be the December 16th meeting, or whatever that meeting will be. It will be the December meeting. MS. CABRERA: I also have a question. On the original letter, it states, the Mir-Mar PUD identifies only 16 permitted uses, and the list only has 13. What happened to the other three? COMMISSIONER COLETTA: That could come back. CHAIRMAN HENNING: Yeah. Page 199 November 18, 2008 COMMISSIONER HALAS: Find that out. MS. CABRERA: Okay. CHAIRMAN HENNING: Can I give you this information? MS. CABRERA: Yes, thank you. Thank you for your time. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item. MR. MUDD: Commissioner, 6C. This item was continued from the October 28th, 2008, BCC meeting. It's a public petition request by Kenny Brown to discuss a resolution supporting relief for local businesses. Mr. Brown, if you could please come forward and identify yourself for the record. MR. BROWN: Yep. For the record, Kenny Brown. I'm the resort manager at Outdoor Resorts of Chokoloskee, the resort -- RV resort located at Highway 29 south, Chokoloskee. CHAIRMAN HENNING: Sir, can you hang on just a minute. Commissioner Halas has to leave. It will only take one minute on until 9C. Item #9C RESOLUTION 2008-338: APPOINTING HUNTER H. HANSEN (COMMERCIAL) AND THEODORE S. GRA VENHORST (RESIDENTIAL) TO THE PELICAN BAY SERVICES DIVISION Page 200 November 18, 2008 BOARD - ADOPTED MR. MUDD: Commissioner, 9C is appointment of members to the Pelican Bay Services Division Board. COMMISSIONER HALAS: I'd like to make a motion that we approve on this appointment to the membership of Pelican Bay Service Division Hunter H. Hanson who represents commercial, and Theodore S. Gravenhorst. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Okay. There's a motion and a second to appoint members to the PBSD by Commissioner Halas, second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. (Commissioner Halas left the board room for the remainder of the meeting.) Item #6C PUBLIC PETITION REQUEST BY KENNY BROWN TO DISCUSS A RESOLUTION SUPPORTING RELIEF FOR LOCAL BUSINESSES - DISCUSSED W/ITEM #9A Item #9 A RESOLUTION SUPPORTING LOCAL CAMPING BUSINESSES Page 201 November 18, 2008 TO COMPETE IN THE BIDDING PROCESS WITH THE NATIONAL PARK SERVICE IN BIG CYPRESS PRESERVE NATIONAL PARK. (COMPANION TO ITEM #6C, PUBLIC PETITION FOR KENNY BROWN) - MOTION TO DENY RESOLUTION - APPROVED MR. MUDD: Commissioner, that then brings us back to 6C, and that's Mr. Brown again. MR. BROWN: Good afternoon, Commissioners. Do you want me to repeat for the record? CHAIRMAN HENNING: Yes, thank you. MR. BROWN: Okay. Kenny Brown, I'm the resort manager of Outdoor Resorts ofChokoloskee, which is an RV resort located at Highway 29 south, Chokoloskee. I thank you for the opportunity to speak on a problem that is arising in our area, an economic issue dealing with National Park Service and the Big Cypress National Preserve who is installing RV sites with the appropriate hookups, and -- which we believe will be a competition, you know, to the local RV resorts or RV parks, and also will impact the business of the local area, including Everglades City, Chokoloskee, and the surrounding area. I'll try to make it kind of brief. But the National Park Service apparently, as we understand it, has installed about 150 RV sites, camping sites, mostly RV sites, on Highway 41 east near the Collier line, the Collier/Dade line, and those RV sites will -- we think will stop the traffic, you know, coming toward us from the Keys, the Miami area, and from other parts of the state, I guess, that, you know, would be coming to them, and we think that we will have a big problem this winter with their low rates of around $19, and some parking free. So we're here to get what help we can get from the commISSiOn. CHAIRMAN HENNING: Are you done, sir? Page 202 November 18, 2008 MR. BROWN: Yes, sir. CHAIRMAN HENNING: There might be commissioners that have questions, so if you'd just stand there just a moment. MR. BROWN: Okay. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETT A: Yes. Mr. Brown, do you pay any kind of property tax or sales tax on your establishment? MR. BROWN: Yes, sir. I think probably all of the above. We pay property tax, we pay state sales tax, county tourist tax and -- COMMISSIONER COLETTA: And you employ local people? MR. BROWN: Yes, sir. COMMISSIONER COLETTA: You've been in business how many years? MR. BROWN: At this location since '92, but actually, you know, the business as an R V resort was in about 1969. But the outdoor resorts label came about 1983. COMMISSIONER COLETTA: The park service, do they pay ad valorem tax? MR. BROWN: I don't believe they pay any tax at all. I don't believe they pay sales tax, county tax, I mean tourist tax, and I don't think they pay property tax. I mean, it comes off the tax roles, but I could be -- they may have something that they install, you know, in light of that. COMMISSIONER COLETTA: And there's nothing that's been that evident to me. But in any case, the -- also, too, ifI remember correctly, the park service gets a number of volunteers who work for nothing to be able to stay on the premise, further lowering their costs, meanwhile competing with local businesses. I submit to you that the -- Item 91, the resolution that's in place there, is asking the park service to reconsider their practice. And I -- Chairman Henning, I hope we can go right to that item and bring that up. And if we could, I'd like to make a motion for Page 203 November 18, 2008 approval of the resolution. CHAIRMAN HENNING: Okay. Well, that's a different item. We definitely have public speakers on that. So do you want to give the motion prior to public speakers? COMMISSIONER COLETTA: I don't think it would hurt. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Coletta to approve the resolution on 9A, I believe it is. COMMISSIONER COLETTA: No, 9 -- MS. FILSON: It's 9A. CHAIRMAN HENNING: Is there a second? I'm not going to second it because I know we have public speakers. COMMISSIONER FIALA: I just can't, to be honest with you. I just -- I'm sorry. I just can't. I just feel that, you know, once we step in and tell one business what they can charge and can't charge, then somebody else is going to say, the Conservancy is competing with me and then somebody else is going to say somebody else is competing with me, and all of a sudden we're going to start coming in, and every time somebody's competing with somebody, whether it be a not-for-profit or not, they're going to say the rates aren't fair. I don't know. When I drive along U.S. 41, I never see the rates out in the front where you stop and -- you know, I mean, there's nothing that advertises the rates that one is better than another. So I'm sorry, I can't support 9A. COMMISSIONER COLETTA: Well, even though the element of business competition is totally unfair and the federal government doesn't -- you're competing with an unfair advantage? In fact, they don't have to pay taxes. They have a low, low overcost. The local businesses that are paying our salaries are the ones that are hurting in the end. That's my concern. CHAIRMAN HENNING: Shall we go to public speakers before we make a decision? Sir, did you want to say -- while you're there, you want to see Page 204 November 18, 2008 anything more? MR. BROWN: Well, I'd like to see the county support the local businesses. I think we've been there for years. We're your friend. We pay -- we have no problem, you know, paying our fair share. We __ we're it. The National Park Service is not. They're not employing like we do. They don't pay anything. They're strictly impeding the local businesses and causing a problem, and they don't have to be there because we can take up all their slack. We can do all the renting that they're stopping and putting the people in the slots. We've got slots for them that will remain empty this year. So I would like to see the county, you know, help and support businesses such as our business that have been there for -- since 1957. And we've done what we've had to do and we've done what we thought was right. And we input an RV resort in in 1969. And, you know, of course, Outdoor Resorts of America came in with their super luxury resort in '83. And we just don't think that the government should put us out of business. So we don't know how this is going to go, but I'm speaking for the people, the businesses of Everglades City. They're not going to get that business. There's going to be 80 or 90 big rigs, and we're not talking about tent campers. We're talking about big Monaco four sliders, rigs that cost $300,000, maybe up to 750- for Bluebirds, and up to a million for Prevost. And they're able to park at the campsites for $19, and we need those businesses, those customers. We've got to have them. I mean, we've been here trying to get them for years. You know, we've got our blinking light out, you know, to do it, and we're going to be impacted by our own government, and they don't need the money. They don't need to have the resort that -- I mean, some camping in the park is fine. I go to the national parks all over. But these are right in our back yard and they're going to impact us, you know, Page 205 November 18, 2008 severely, and that will impact the county, you know, somehow. So we desperately need your help. COMMISSIONER COLETTA: Mr. Brown, the sad news is, is there's only three commissioners left out of five here. MR. BROWN: Yep. COMMISSIONER COLETTA: And all three of them would have to agree with you to be able to move this resolution forward. It's going to be the first resolution I haven't seen pass in many, many, many years. MR. BROWN: Well, it's -- whenever the government puts things in like that, it's hard to stop it or shut them down. I understand that, so MR. KLATZKOW: You just need two out of three commissioners. It's a majority of the quorum. COMMISSIONER COLETTA: Oh, a majority. MR. BROWN: We need this. We're not -- we're not asking for any preferential treatment or anything. We're just asking merely, you know, let Everglades City operate, you know; leave the commerce alone. You know, this -- there will be other issues in the future. You know, I don't know what they're going to be. But the Chamber of Commerce building at Highway 41, that will be a big issue where we are losing our sign, you know, on the highway. I guess what I'm saying is, is if we don't get some help, the Park Service can eventually control the commerce of Everglades and Chokoloskee, which they are doing now to some extent, if you think about it. So we need that resolution. We're not -- we just want to look into it and see if we can do something. CHAIRMAN HENNING: I think your time is way over. MR. BOBZIEN: Yeah. Sorry about that. CHAIRMAN HENNING: Our next speaker? MS. FILSON: He had 10 minutes because he was under public Page 206 November 18, 2008 petition. Duane Billington. He'll be followed by Frank Denninger. CHAIRMAN HENNING: Well, Sue, we went from the public petition to 9, and everybody gets three minutes on the items that are not -- MS. FILSON: Okay. He had like two minutes left on his 10 for that. CHAIRMAN HENNING: How many minutes do you want? MR. BILLINGTON: I can get this over in three or less. CHAIRMAN HENNING: Okay. Your name for the record? MR. BILLINGTON: My name's Duane Billington, resident of Collier County, taxpayer, camper. In fact, for almost a year I was a neighbor of his operation. I had a trailer set up on one of his competitor's campgrounds down there in Chokoloskee. My understanding of the resolution, it hasn't been voiced. If my understanding is correct, a resolution is for the Board of County Commissioners to petition the Park Service to have them do a competition study to make sure that their rates are fair; is that correct? CHAIRMAN HENNING: Correct. MR. BILLINGTON: Okay. Therefore I can go ahead then. When I became aware of this, being a camper and having an intimate knowledge of the area, I decided to do my own study. And from that-- when you do a study like that, you want to make sure you're comparing apples with apples, orange with oranges. Mr. Brown's operation is first class all the way. He's a gentleman. He and I talked out in the hallway there. I let him know I'm not really not in favor, but he has a -- it's a first-class operation. I know it intimately. I used to go down there weekly to Chokoloskee, so I'm acquainted with the area. Part of their amenities there -- he charges $69 a night. That includes electric, water, sewer, cable, swimming pools, hot tub, clubhouse with tennis courts and shuffle board courts, and a marina. Page 207 November 18, 2008 Those are a lot of amenities. What he has is what's called a destination campground. You're going there to enjoy all those amenities and the surrounding area. His operation, again, is first rate. He has -- when I did this __ there's no other resort in the area that offers everything that they offer, so I'm not critical at all of them. But, again, they charge $69 a night. So I did a comparison with some other places; Chokoloskee Island Park where I was set up, their daily rate is $45, which is $24 less than his operation. Imperial Bonita Estates, also $45; again $24 less. Country Camp here in town, $60, which is $9 less. Rock's Creek Campground, $55, which is $14 less. Periwinkle Campground, $50, which is $19 less, and Periwinkel is probably as close as I could find to something similar being -- with the combination of amenities and the natural attractions. A very nice operation, nice white sandy beach. Something for everybody that's interested in that kind of thing. LaBelle Woods was $35 a night, which was $34 less. And then Roland and Maryann Martin's Marina Resort. Roland Martin's a famous fishing guide. They're out there in Chokoloskee -- because I tried to keep my study confined to the area. They're $30 a night, which is $39 less. They offer very -- these different campgrounds offer various degrees of amenities, but again, not to what he had. CHAIRMAN HENNING: Mr. Billington, could you wrap it up, please. MR. BILLINGTON: Sure. The question is, you know, should these operations have to do a competition study? I don't think so. What he's offering is something different. Are we going to close down the campgrounds or make them prohibitive? It's a different product. You can't compare the two. The Big Cypress, what they offer is a site with electric. None of the other amenities, no water and sewer, no shuffleboard courts, no clubhouse, no marina. Page 208 November 18, 2008 So, you know, why are we going to ask another branch of government to spend more tax dollars to do an unnecessary study? There's also a risk that they might determine that their rates are too high for the little bit that they offer. The other side of that coin is, maybe they'll lower them. Thank you. CHAIRMAN HENNING: Next speaker. MS. FILSON: The next speaker is Frank Denninger. MR. DENNINGER: Hi there. For the record, Frank Denninger, and I'm here on behalf of Trail Lakes Campground. I'm fully authorized to speak on their behalf. And that was a fine presentation the gentleman did. It's really a Catch-22, and Ms. Fiala has a point. Nobody -- the other people are private business people like Mr. Brown and Mr. Sheely (phonetic) at Trail Lakes Campground. They willingly compete with one other with no problem. The Park Service is your federal government. The Trail Lakes Campground has been impacted as if by a sledgehammer in a cumulative manner over -- ever since the Park Service took over Big Cypress. But I mean, it's very easy to see the difference. The Park Service has lO-by-20-foot signs advertising their campgrounds all up and down 41 a quarter mile before and after each campground. They actually gave him a set of signs. They're about 10 inches square, international symbols with a little sign this big saying, campground, one-quarter mile ahead, which I don't even see hardly, and I know it's there. But it's -- I think the Park Service would appreciate the passage of this resolution. Pedro Ramos is an expert manager of the Big Cypress Preserve. And from what I hear, he's already begun, without the resolution, a compatibility study on their pricing on their campground's effect on the local community. I think that's a plus that has come just from the subject being on the table recently. And I don't know if that's exactly what the resolution is orienting Page 209 November 18, 2008 towards. But in any case, the -- I think Mr. Ramos would -- as we want to do, if this resolution was to pass, it can be used by people that are concerned to work together. Not to slam the Park Service, but to put our heads together. They're under some rules from the federal government to prevent them from adjusting their rates to help the situation. They're looking to get an exemption from their own rule to help matters. And there may be other things that come up. You know, I mean, I have contacted the Small Business Administration. They have an office up there that can help work on these situations, and I think eventually, really, people can be brought together on this more so than -- it's not a fight. It's something we're going to have to fight together. And I mean, poor Sheely. I mean, years ago back in 2000, one of his main attractions to this little grass-roots campground was a couple of trails that went in and out of it into the public land adjacent to it, and another manager that was a little different style manager, the first thing they did was to snap those trails closed on him while maintaining trails out at their own campground that provided really convenient access to the federal amenities which we all own, and now he doesn't have any, hasn't had them in 10 years. And there's an underpass being developed that's going to possibly destroy the view behind the campground, one of the last things valuable there, with a lO-foot fence. So anyway, it's up to you all. You know what needs to be done. Thank you. CHAIRMAN HENNING: Did you have a subsequent motion? COMMISSIONER FIALA: Not even a motion, but it's wonderful that this gentleman brought forth all this stuff. If I were camping, I would have to stay at Mr. Brown's campground because I like all the amenities he gives me, and I'm willing to pay for it. I would never camp at a park campsite with only electricity. I don't rough it. And so -- so, you know, I think people are looking for Page 210 November 18, 2008 certain amenities. They're not going to go to the campground at the Park Service if they don't get any amenities. They get what they pay for. Nineteen bucks gives them electric period and nothing more; whereas, they go to Mr. Brown's and they get swimming pools and showers and everything else combined. So I think, you know, the products are so different, is my opinion. CHAIRMAN HENNING: Yeah. I support the resolution, but after Commissioner Coletta's comments and attitude, there's no way that I can do that. COMMISSIONER COLETTA: I beg your pardon. Would you explain? CHAIRMAN HENNING: Well, this discussion about the audit of the clerk. COMMISSIONER COLETTA: Oh, okay. So we're-- CHAIRMAN HENNING: And, you know, it just doesn't show respect, and I hope that we can gain that back. COMMISSIONER COLETTA: Forgive me, ladies and gentlemen, but you are being held hostage because of an earlier run-in that I had with Commissioner Henning. It's unfortunate that this had to happen, but it is. CHAIRMAN HENNING: Okay. So we need to take action on the item. Either we approve it or not approve the resolution. Items on the agenda, that's what the rules. COMMISSIONER COLETTA: Forgive me. I had a motion on the floor. You have to announce the fact the motion failed for lack of a second. CHAIRMAN HENNING: Oh, I thought I did that. Motion fails for lack of a second. COMMISSIONER FIALA: But Commissioner Henning, Mr. Denninger just stated that he thought Park Service has already begun this procedure. I don't know that he's correct, but he said that he thought that they'd already begun this procedure just because of this Page 211 November 18, 2008 initiative by Commissioner Coletta. So maybe the problem has been solved. CHAIRMAN HENNING: Right. So I make a motion not to approve the resolution. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a second. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Opposed. COMMISSIONER COLETTA: Opposed, aye. CHAIRMAN HENNING: Motion carries 2-3 (sic). Commissioner Coletta -- COMMISSIONER FIALA: 2-1. CHAIRMAN HENNING: 2-1. Really getting down there, aren't we? Terri, are you ready for a break? THE COURT REPORTER: (Nods head.) CHAIRMAN HENNING: Why don't we take a 10-minute break and be back at five o'clock? (A brief recess was had.) MR. MUDD: Mr. Chairman, Commissioner, you have at hot mike. CHAIRMAN HENNING: We have one more public petition, but then I want to arrange the agenda to move some of these public speaking items. MR. MUDD: Yes, sir. Item #6E Page 212 November 18, 2008 PUBLIC PETITION REQUEST BY BURTON ElSENBUD TO DISCUSS ORDINANCES AFFECTING SMALL BUSINESSES _ DISCUSSED MR. MUDD: 6E, it's a public petition by Burton Eisenbud to discuss ordinances affecting small businesses. Mr. Eisenbud. MR. ELIAS: Mr. Eisenbud. Commissioners, Mr. Eisenbud had an emergency and had to leave. My name is Bias Elias, B-L-A-S, E-L-I-A-S. I'm his partner. We own two stores in the Golden Gate Estates. Mr. Chairman, Madam Vice-Chairman, Commissioner Coletta, we come asking for some relief, if you can see your way to give it to us. First of all, we have a problem with our sign ordinance that does not allow our store to have a sign in the roof of our store to be identified properly, and that sign ordinance -- we have a pole sign and it's a price sign in our stores. And that's -- we have changed brands from Citgo to Marathon. And as we change brands, that sign has to go back to a monument sign that has only 60 square feet. In one of our stores, we have a beauty salon and a pizza parlor, and we cannot be able -- will not be able to advertise it in there because the state requires that we advertise our gasoline prices on that sign. So consequently we don't have a sign that identifies our stores, and our tenants in that shopping center don't have a sign to identify them. The reason we have the sign is because our sign is a shed sign, and the county sign ordinance will not allow a sign in a shed sign. Since we don't have facia, we cannot put a sign in there. So we are really asking to see if you can somehow accommodate us and help us get a sign. Page 213 November 18, 2008 (Commissioner Henning left the hearing room.) MR. KLATZKOW: We don't have a quorum. MR. MUDD: Sir, you have to wait for just a little bit. We don't have a quorum on the dais. So till a commissioner comes back, just __ if you'd hold your thought, or if you want to take a seat. MR. ELIAS: I'll wait. MR. MUDD: No. I was going to say, you could wait. You could wait standing up or you can wait sitting down. MR. ELIAS: I'd rather wait standing up. MR. MUDD: Okay. COMMISSIONER FIALA: Can I ask, do we have a code enforcement representative from code enforcement here today? MR. MUDD: Ma'am, we're done. We have to kind of wait, ma'am. COMMISSIONER FIALA: Okay. I was just wondering if someone was in the audience. Somebody got a sandwich or anything? (Commissioner Henning entered the hearing room.) MR. MUDD: Okay, sir. MR. ELIAS: Continue? MR. MUDD: Please, sir. MR. ELIAS: We own two stores. One on Immokalee Road and Oil Well and one at Wilson and Golden Gate Boulevard. Weare good members of the community. We participate in all the civic activities that the community requires, the high schools. Just recently we -- I understand you did this, so you know that we are really good-standing members of the community up there, and the community interest is our hearts. We just recently had a fundraiser for breast cancer, and through the generosity of the ladies of the neighborhood which show support to us, we donated over $2,500 for breast cancer during the month of October. And we have collections for the -- and help the high schools and all the schools in there. Page 214 November 18, 2008 Given the state of the economy, which is affecting all of us in the county, and especially us in the Estates area, I'm requesting that this commission sees -- if it sees fit, to help us with the signs since we cannot identify the stores anymore properly, and also with allowing us to place next to our stores a smoker -- which I'll be glad to show you what it is -- and have weekends -- weekend affairs where we'll smoke barbecue ribs and chickens and we'll provide a band for the benefit of the community, and I think this will be an attraction to us, to the community up there. We employ 35 people from the Estates. We pay them the highest salary in our industry, and we provide them with Blue Cross/Blue Shield medical insurance. And in the last year and a half, we have lost 35 percent of our revenues through gasoline prices, through people moving out of the community, and through a drop in per customer purchases, and it has affected us greatly, and we need some help to keep on doing what we're doing and providing the service to the community and employment for the people out there. So we request and beg, to a certain extent, that you'll help us see fit that maybe in your wisdom we can -- we can do something with the signs and do something with the smokers that we can put in there, in our stores. And I'd like to show you, if I may, what we have. CHAIRMAN HENNING: You could just give it to the county manager. MR. ELIAS: Sure. CHAIRMAN HENNING: And he'll put it on. MR. ELIAS: That's the smokers that we would want to put in there, and these are -- MR. MUDD: That's what the smoker looks like, sir? MR. ELIAS: Yes, sir. MR. MUDD: Okay. MR. ELIAS: One of those it is going to be, whichever. This will Page 215 November 18, 2008 comply with all of the health requirements and -- of the health department. And given the direction of the economy that is affecting all of us, we don't see any relief economic-wise in a while, and we really need to get our business going to be able to keep on employing the families in there who are in the community and which we proudly have in our employ. And proudly we belong to all of the civic endeavors that the community requires. Thank you for your time, and I appreciate it greatly. Commissioner Coletta, yes. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Going with one item at a time. I should think that the easiest one would be the smokehouse that's out there that you're talking about, self-contained unit. It's already duly licensed. MR. ELIAS: Right. COMMISSIONER COLETTA: It meets the sanitary codes. You've got public health to deal with, and I assume that you would have the proper license for that. MR. ELIAS: Of course. We have our proper licenses for food and everything. COMMISSIONER COLETTA: Then the other issue, of course, would be, you know, the placement of it would have something made -- something to do with the Golden Gate Fire Department? MR. ELIAS: Yes, uh-huh. COMMISSIONER COLETTA: Did they enter into this at all? MR. ELIAS: No, we haven't presented it to them yet, but we had it one time as a, you know, try-out in there, and there was no problem with them whenever they went. Anyhow, we will have to submit anything that we use. COMMISSIONER COLETTA: Can anyone tell me what is Page 216 November 18, 2008 required to make something like this happen? I have no idea. There's Mr. Schmitt. MR. SCHMITT: Again, for the record, Joe Schmitt. I have no idea why the smoker wouldn't be allowed unless it's a use issue. I don't know. Had you ever applied? I'm asking if they ever applied. If they hadn't applied, they certainly can do that. We would look at the smoker, look at its location. As long as it's as a defined item they can sell within that location, it should be no problem. I don't believe it's a zonmg Issue. MR. ELIAS: Well, it wasn't --I'm sorry. At one time they said that we only can use the smoker twice a year. COMMISSIONER COLETTA: Oh, what they're talking about is an event permit. They're talking about a regular amenity to the business. MR. SCHMITT: Right. That was a special event. I would have to research. By what he submitted, simply asking for a smoker, didn't give any details. I would have to do research and come back to define -- again, I would need the information from the applicant as to what he wants to do, what it is he's going to sell, and we would have to do research to find out if the zoning allows it. I don't see a problem with it, as long as it's a health department issue and it's an item normally sold in the store. I don't believe it should be a problem. COMMISSIONER COLETTA: Ifit comes down to where it's an event permit, can we do like we did for the Ritz-Carlton and some of the others, maybe issue one permit a year? MR. SCHMITT: Yeah. We could look at that again, yes. COMMISSIONER COLETTA: With the chair's permission, I'd like to touch the other end of the subject matter. CHAIRMAN HENNING: Yeah. We're still on the same item. COMMISSIONER COLETTA: Okay. The other item being the signs. Now, we -- you're -- permitting has been very gracious in Page 2 I 7 November 18, 2008 granting several extensions of the covered signs. MR. SCHMITT: The temporary sign, yes, sir. COMMISSIONER COLETTA: I'm sure that's appreciated by all concerned. And I notice that not only at E's but in other places in the area that had the unmentionable gas brand they're switching from, too. What can be done to make this thing workable as far as a time line goes? The sign code ordinance is flexible at the moment, I know that. MR. SCHMITT: Well, you're looking at a couple things. One, the petitioner asked about a sign on the roof. We have no allowance for signs to be placed on the roof. That would require some -- request for a variance and, in fact, it's something you can't even request for a variance. That's something you want to come back to the board, but our sign code is very restrictive. It does not allow -- COMMISSIONER COLETTA: Well, the sign now is-- MR. SCHMITT: Is on the side of the building. They have a sign on the side of the building. That's what you saw in part ofthat picture. COMMISSIONER COLETTA: Can we go back to the picture, please? MR. SCHMITT: Isn't that -- COMMISSIONER COLETTA: No, that's the -- you got a picture of the gas -- the gas station sign's in the swale area, ifI remember correctly. Is it -- is that correct? MR. SCHMITT: The gas station signs -- again, he changed brands, changed the copy. Now he's required by code to bring it into the -- within code and within the ordinance as described today, and that's 80 square feet. It's a monument sign. He's required to bring it into conformance with all of the rest of the gas stations within the county. If it's something he wants a variance from, he would have to request a variance. You'll see, in fact, two sign variances in your next board meeting. So it's something he would have to request unless, again, you're looking for some kind of granting of relief today, but that Page 218 November 18, 2008 is in danger of bypassing your procedures. COMMISSIONER COLETTA: No, I understand exactly. Since everything's in flux at this time, I'm not too sure what kind of time line that we're on as far -- you're on at this point in time. Is -- when is this supposed to be in place? Are you -- did you run out of time for when it had to be put in place, the new sign? MR. ELIAS: No, Commissioner. COMMISSIONER COLETTA: This might help a little. MR. ELIAS: No, Commissioner. The new sign is supposed to be put in place whenever the permits are finalized. COMMISSIONER COLETTA: Oh. MR. ELIAS: And at that time it will go in, the small monument SIgn. COMMISSIONER COLETTA: Okay. So you have the sign more or less already ordered; is that what it is? MR. ELIAS: Yes, uh-huh. COMMISSIONER COLETTA: And what you're asking for is relief until that sign comes in? MR. ELIAS: No. What I'm asking is for you to allow me to put a sign on the roof, because the sign that is ordered will not identify either our store or the tenants there. COMMISSIONER COLETTA: Okay. I understand that. So you're not talking about the road. You're talking about the roof? MR. ELIAS: That's right. COMMISSIONER COLETTA: Okay. Mr. Schmitt, is a roof sign permitted under any circumstances? MR. SCHMITT: No, sir, not permitted under the code. COMMISSIONER COLETTA: Is it something you'd get a variance for? MR. SCHMITT: No, sir. There's no procedures. It's prohibited. Roof signs are prohibited in Collier County. It's just -- the sign code is coming back to you. It's under review, if it's something you want to Page 219 November 18, 2008 look at then. But as you well know, that thing has had a very, shall I say, tumultuous history, and -- COMMISSIONER COLETTA: More so than most things. MR. SCHMITT: -- well, of course, a lot ofthe sign code was developed eight, nine years ago under a horizon study committee to create uniformity and consistency throughout the county as far as signs and, of course, it is one of the appealing aspects of the county. When you come into Collier County, it is certainly noticeable in not having sign pollution. At the same time, it is somewhat restrictive, and there's no question about it, but that's the way it was written. COMMISSIONER COLETTA: And I've always -- I've never been a supporter of the sign ordinances that exist or have been vented (sic) many times. But going back to your situation, you do have a monument sign that is ordered, one that complies with the county? MR. SCHMITT: Yes. MR. ELIAS: Yes. COMMISSIONER COLETTA: You're asking in addition for the sign on the roof. I assume, unless one of my fellow commissioners got another idea, when the ordinance comes back to us, we'll have you notified, and maybe we might be able to address it then. MR. ELIAS: Of course. I would appreciate it very much. And the reason being, that -- ifI may just interject for a minute. If you look at the BP on Randall, they have a roof sign, and the reason for the roof sign is that the ordinance was changed back some time ago. And the fellow from BP put the roof sign, George Richards -- George Richards put the roof sign. So anyhow, we're stuck with that. Whatever you can do for us, we appreciate it because it really puts us in a bind. COMMISSIONER COLETTA: Mr. Mudd's got some comments he'd like to make. MR. MUDD: Commissioner, you have -- you have an option that Page 220 November 18, 2008 is able to get a variance, and that would be to give E's the ability to have two signs on their particular item, and that you could do a variance for, and you, the board, have done that in the past for different businesses. In other words, he'd have a gasoline sign that would have the prices, and then he'd have a separate sign that would have the tenants on his particular building. COMMISSIONER COLETTA: That would be an avenue to look at. COMMISSIONER FIALA: But not on the roof? MR. MUDD: No, ma'am, not on the roof. CHAIRMAN HENNING: Okay. MR. ELIAS: Better than nothing. COMMISSIONER COLETTA: So that's an item, I guess, that you're going to take direction on and work with our staff? MR. ELIAS: Sure. COMMISSIONER COLETTA: If you have any questions or need any kind of help from my office, be happy to help you. But on the one with the cooker, the smoker, I believe Mr. Schmitt's going to make a report back to us or -- I don't know if we need to do it to the commission itself. Probably not. MR. MUDD: Just the -- if the petitioner would put in an application for the smoker into Mr. Schmitt, and then he would go through the procedures. Ifthere's nothing there and it fits all the fire and it goes through all the health and it's permittable, then that's the end of it, it's over. COMMISSIONER COLETTA: And the staff can address it. MR. MUDD: If it's not, then it comes back here, sir. COMMISSIONER COLETTA: Give it a try. Hopefully it happens sooner than later. MR. ELIAS: Thank you very much. Thank you for your time. I'm sorry to keep you so late. COMMISSIONER COLETTA: We're the ones that kept you. Page 22 I November 18, 2008 Thank you for your patience. Item #10D BOARD DIRECTION ON PURCHASING FURNISHINGS FOR THE SOUTH REGIONAL LIBRARY - MOTION TO USE OPTION #1 - APPROVED CHAIRMAN HENNING: We're going to go to Item IOD now. It's to request Board of Commissioners direct the purchasing of furniture for the South Regional Library. MR. MUDD: 10D, it's a request for board direction on purchasing furnishings for the South Regional Library. Marla Ramsey, public services administrator -- that doesn't look like Marla Ramsey, but -- there she is -- will present. MS. RAMSEY: Commissioners, for the record, Marla Ramsey, public services administrator. I am before you today to talk a little bit about the South Regional Library and the purchasing of the specific library furniture. And at our September 9th meeting you gave some direction to go and do bidding of all of the furniture for our public buildings. And as we went through that process, we determined that by doing that we were going to not be able to open the facility until probably June. And so our request today is to look at going off and using the state contract and bid out the library-specific shelving and furnishes off that contract rather than go through the full bid process. And by doing that, we'll probably be able to save about eight weeks off of that June time frame, so we would open sometime in April. And so I come to you to get your direction as to how we should proceed with that policy. CHAIRMAN HENNING: Commissioner Fiala, what do you want us to do? Page 222 November 18, 2008 COMMISSIONER FIALA: Well-- COMMISSIONER COLETTA: Well, no. I got questions after you. Go ahead, Commissioner. COMMISSIONER FIALA: Well, being that it's specific furniture that isn't -- from what I read in here and from what I've spoken to with Marilyn, we can't even buy the stuff here locally. It's library specific and it has to be -- it's not even sold here; is that correct? MS. RAMSEY: Well, it's -- not only -- it's not custom. It's not something you just pull off the shelf. I mean, we actually have to go out and measure where each of the shelving items go, the length and the height, et cetera, and we have them custom made for us. And because of that, it includes shop drawings and all kinds of things associated with it, and then the installation. It's not like we're buying desks and chairs. That we do plan to buy offthe purchasing process. But as we went through the minutes of that meeting, it was specifically said that the furniture at the South Regional Library was going to be included in that new policy. And so it's a little bit different, and we're hoping that you'll allow us to go off the state bid and just go to the vendors that use -- that sell the library furnishings and try and shave off some time in that process so that we can open that facility a little bit earlier. COMMISSIONER FIALA: You know, I would like to do that only because, from what I understand, we're not talking about local vendors anyway, and that bid that particular day was to try and keep within our local community and first bid it out locally. But if they don't even make it here or sell it here, then I don't see any recourse then to just go ahead and do it off of the state contract. So I would say, yes, I make a motion to buy it off of a state contract. CHAIRMAN HENNING: And I'll second that motion. Commissioner Coletta? Page 223 November 18, 2008 COMMISSIONER COLETTA: Yeah, just a couple of questions so I understand it. This is what we approved the 364,000 for? COMMISSIONER FIALA: No, that's books. MS. RAMSEY: No. Earlier today, that was for books. COMMISSIONER COLETTA: Okay. I guess I ran the two together. MR. MUDD: This is furnishing -- this is furnishings so that you -- you know. COMMISSIONER COLETTA: Say again. MR. MUDD: This is for furnishings for -- right now you've got walls, you've got corridors, and you've got nothing in between. COMMISSIONER FIALA: No book shelves. COMMISSIONER COLETTA: The books have got to go on the shelves. You can't put them on the floor. COMMISSIONER FIALA: Right. It's late in the day. COMMISSIONER COLETTA: I got it. CHAIRMAN HENNING: Okay. MS. RAMSEY: So just for clarification, you're looking to give us direction to direct the library to purchase the library-specific shelving and furniture from the State of Florida contracts in order to open the building or the public use in April of2009, which is option number one? CHAIRMAN HENNING: Option one. COMMISSIONER FIALA: Yes, thank you. That is my motion. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 224 November 18, 2008 (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. RAMSEY: Thank you. CHAIRMAN HENNING: The item about the Port of the Isles? Item #1 OJ PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE AN ANNUAL UPDATE AND COMP ARISON OF THE LOCAL AREA HOUSING MARKET AND THE STATUS OF CURRENT AFFORDABLE HOUSING PROGRAMS, FUNDING AMOUNTS AND ASSISTANCE STRATEGIES - MOTION TO CONTINUE ITEM TO THE NEXT BCC MEETING - APPROVED MR. MUDD: Commissioner, that is Item 10 -- while they're coming up for 1 OK, just -- Ms. Marcy Krumbine was going to give the board a presentation on 10J, but she has to be in Daytona for 7:30 in the -- and she's driving alone, so I told her to go, and there were no public speakers for 101. I'd like to continue that to the next meeting, and all I need the board to do is vote on 1 OJ. CHAIRMAN HENNING: Motion to approve a continuance of 10J to a further meeting. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. Discussion on the motion? COMMISSIONER COLETTA: Yeah, I'm sorry. My aide was just talking in my ear for a moment. We're continuing what motion (sic)? MR. MUDD: 10J, sir, which is the housing presentation. There are no public speakers. COMMISSIONER COLETTA: Forgive me. Page 225 November 18, 2008 MR. MUDD: Ms. Krumbine had to get on the road to get into Daytona for tomorrow. COMMISSIONER COLETTA: Forgive me. Please continue it. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10K TO PURCHASE THE PORT OF THE ISLANDS MARINA EXCLUDING THE 140 BOAT SLIPS FOR $5,488,000 WHICH INCLUDES $4,750,000 CASH AT CLOSING AND A $738,000 SELLER PROPERTY DONATION - APPROVE STAFF'S RECOMMENDA TIONS IN AN AMOUNT NOT TO EXCEED $4,750,000 - APPROVED MR. MUDD: Commissioner, this brings us to 10K. It's to recommend approval from the Board of County Commissioners to purchase the Port of the Isles Marina, excluding the 140 boat slips for $5,488,000, which includes $4,750,000 in cash at closing and a $738,000 seller property donation. Mr. Gary McAlpin, coastal zoning management director, will present. CHAIRMAN HENNING: Before -- Gary, before you start. County Manager, thank you so much for working this issue. I think you and your staff did a wonderful job. We know this is coming back. And I would like to make a motion to approve staffs Page 226 November 18, 2008 recommendations. COMMISSIONER COLETTA: I'll second it. MR. MUDD: Not to exceed a cash payment of $4,750,000, and that's the only change, because we have some things we still have to work out. CHAIRMAN HENNING: That's part of my motion. Is that part of your second, Commissioner Coletta? COMMISSIONER COLETTA: That's correct. I think you may have some speakers, but I may be wrong. CHAIRMAN HENNING: We'll call the public speakers up. MR. MUDD: Do you want Mr. McAlpin to talk more or -- MR. McALPIN: I think County Manager Mudd said it all. CHAIRMAN HENNING: Okay. MR. McALPIN: So with that, public speakers. CHAIRMAN HENNING: Public speakers, please. MS. FILSON: Mr. Chairman, I have five public speakers. Charles Custer. He'll be followed by James -- COMMISSIONER FIALA: If they agree with the motion, they could say that, right? CHAIRMAN HENNING: Yeah. If you just agree with the motion, you say, you know, we agree. MR. CUSTER: Well, I certainly agree with the motion. We want the fire department, we want EMC services, and want to keep that ramp forever in the public view. We support it. And I speak for a number of members of the community who are not here, some are out fishing but some were here earlier. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is James, it looks like Slu-- MR. SHUCART: Shucart. MS. FILSON: Shucart. MR. SHUCART: I'm just really here for any questions. I have no further comments. Thank you. Page 227 November 18,2008 MS. FILSON: Christopher Shucart? C. SHUCART: I'm here to answer any questions as well. MS. FILSON: Jean Kungle? MS. KUNGLE: I agree with the board's -- CHAIRMAN HENNING: Motion. MS. KUNGLE: -- motion. MS. FILSON: John Kehlmeier. CHAIRMAN HENNING: After Mr. Kehlmeier, who's speaking? MS. FILSON: That's the final speaker. CHAIRMAN HENNING: Okay. MR. KEHLMEIER: My name is John Kehlmeier. I live at 314 Newport Drive. My condo overlooks the marina. I also own a slip in the marina where I have a boat, so I am there daily, okay. I really think for the purpose of this meeting, the popularity of the marina's been vastly overstated. During the week, they'll have four to six trailers in the parking lot. During the weekend, five to 10 trailers in the parking lot. Very, very little usage. Consequently, I don't think that changing the ownership is in the benefit of the county. If the county's not using it now they're not going to use it after you spend all this money, okay? CHAIRMAN HENNING: Okay. MR. KEHLMEIER: It's my opinion that the marina's a white elephant. As a taxpayer and a boater and a fisherman, I would rather the county didn't spend a large amount of money for something with very little usage. We do need the fire department, but I can't see taking the marina to get a fire department. Thank you. CHAIRMAN HENNING: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Certainly. Mr. Chairman, one of the things that I don't think this gentleman maybe took into consideration is, this is today, but we're planning for our future. We're planning for the boating for the future, the fishing for the future, and this is an Page 228 November 18, 2008 opportunity that I do not want to see us miss. CHAIRMAN HENNING: County Manager? MR. MUDD: Commissioner, I got the best deal I could with the Shucarts. The reason I said not to exceed, because we still have some more due diligence to do as we move forward in this thing as we try to get it done. I've got to go over the '85 Department of Community Affairs agreement that I just received last night with staff. We've got to make sure that the computed community improvement district, which also controls the water ERCs, gives us the ability if we want to have a firehouse there so we can put the bathroom and the shower and stuff in there. That means I need an ERC. Right now we don't have one in order to do that. They meet either Thursday or Friday this week, and I believe there will be no problem with that, but it's something we don't have right now and hopefully we will have it before the weekend. The fuel tank that's in the ground is a single line. It has to be double lined. You have to work through that, and we're still negotiating with the Shucarts on that particular item. And we've got the community improvement district's assessment, and we're still making sure what assessments we have, if there is none. We had a change. All the commissioners saw the change sheet yesterday. It had a change issue talking about $5,000 about assessments, and I took it off the change sheet because I got a call last night and says, no, there isn't one. I just need to make sure, okay? And so those are the only things that I have right now that I don't know. And I will have those resolved in the next week, and we'll continue to march. This item will come back to the Board of County Commissioners for final approval on the 16th of December. CHAIRMAN HENNING: Okay. Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by Page 229 November 18, 2008 . saymg aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries, 3-0. Next item. Item #9B RESOLUTION 2008-339: APPOINTMENT OF MEMBERS TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE - APPOINTING CHARLES ARTHUR AND ALVIN D. MARTIN, JR. - ADOPTED MR. MUDD: Okay, Commissioner. We're back to 9B, and that is appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. CHAIRMAN HENNING: There's two of them on there. Committee recommendations to appoint Charles Arthur and Alvin Martin. I'll make that motion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #10A Page 230 November 18, 2008 RESOLUTION 2008-340: SUPPORTING OF THE AMENDMENT OF THE FLORIDA STATUTES TO REQUIRE ELECTION OF THE GOVERNING BOARDS OF THE FLORIDA WATER MANAGEMENT DISTRICTS RATHER THAN BY GOVERNOR APPOINTMENT - ADOPTED MR. MUDD: Commissioner, that brings us to lOA. It's a recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, in support of the amendment of the Florida Statutes to require election of the governing boards of Florida Water Management District rather than appointment by the governor. Ms. Deb Wight was to present, but I'm taking her place right now, so if you have any question-- CHAIRMAN HENNING: Entertain a motion. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN HENNING: Motion -- Commissioner Coletta makes a motion to move the resolution, second by Commissioner -- COMMISSIONER FIALA: Fiala. CHAIRMAN HENNING: -- Fiala. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 3-0. Item #10C RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT THE FISCAL YEAR 2008 GRANT REPORT PROVIDING AN ANNUAL UPDATE OF GRANT Page 231 November 18, 2008 FUNDING ACTIVITY - MOTION TO APPROVE REPORT- APPROVED MR. MUDD: Commissioner, next item is 10C. It's a recommendation that the Board of County Commissioners accept the fiscal 2008 grant report providing an annual update of grant funding activities. Ms. Len Price, your administrator of services administrator, will present. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to approve the report, second by Commissioner Fiala. I do have a question. Davis Boulevard, Phase 2, I believe it is? MS. FLAGG: Commissioner, I'm not sure I can answer a question on a specific grant. We generally coordinate the applications, but I'll do what I can for you and get an answer back ifI can. MR. MUDD: Norm's coming to help you. CHAIRMAN HENNING: Davis Boulevard, Phase 2, from Radio Road to 951, $ I 2 million reported. What's going -- now we're not doing that unti12012? MR. FEDER: For the record, Norman Feder, transportation administrator. We're doing the section, as you know, that we advanced from Radio over to 951, and then the state will start paying us back. The state committed to do the section from Radio over to Santa Barbara, and that's the section. And they committed in 2012, and they have maintained that commitment so far. CHAIRMAN HENNING: Okay. So they're taking that commitment over. It's not a reimbursement? MR. FEDER: No. They have committed to doing. The first one we advanced and we'll get reimbursed. CHAIRMAN HENNING: Okay, good. Page 232 November 18, 2008 Commissioner Fiala? COMMISSIONER FIALA: So, Norm, could you just tell me -- just to clarify all of this. I'm glad you brought this up, Commissioner Henning. So when are we starting this phase from Radio Road to 951 ? MR. FEDER: We should be late this summer or fall. We're working through the last of the issues on permitting. And we're looking at both that section and the section on 951 that goes from Davis on up to the canal or past the interstate, limited access bond. COMMISSIONER FIALA: But we're not going to do anything between Santa Barbara and Radio for the time being -- MR. FEDER: That's correct. COMMISSIONER FIALA: The state is going to -- MR. FEDER: That state-- COMMISSIONER FIALA: -- do that -- MR. FEDER: The state will do-- COMMISSIONER FIALA: -- in four years? MR. FEDER: -- it in 2012. COMMISSIONER FIALA: I see. Okay, fine. Thank you. Just for clarification. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 3-0. MR. MUDD: Commissioner, I will tell you that Marlene Ford and staff at each one of the divisions as they worked through the Page 233 November 18, 2008 grants, they really do a good job trying to find the dollars, especially in a very austere environment that we are right now at the federal and state level. And they keep -- they really are working on it daily to try to squeeze out every dollar that we can. And my hats off to them. And this is a report that you wanted on an annual basis. So we made sure that you were there and that you got the report. COMMISSIONER FIALA: It certainly saves the taxpayers. Maybe we should tell -- I think our chairman should tell the taxpayers how much this grant funding has saved them. CHAIRMAN HENNING: Yeah, in bringing their money back -- COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: -- through state and federal. We could do that. MS. FLAGG: This year we were awarded nearly $29 million, and we've got a little over 16 million that is pending right now, and we anticipate being able to get -- our success rate this year was, 94 percent of all the grants that we applied for we received. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: I would make a recommendation we make a news release on that as a good news type of item. MS. FLAGG: Will do. CHAIRMAN HENNING: And I can sign it if you want to. Item #10G RESOLUTION 2008-341: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVES THE A TT ACHED RESOLUTION AND A PROCEDURE ALLOWING FOR REIMBURSEMENT OF FUEL MILEAGE EXPENSES IN EXCESS OF 20 MILES ROUND TRIP FOR ADVISORY BOARD MEMBERS - ADOPTED Page 234 November 18, 2008 MR. MUDD: Next item, lOG, recommendation the Board of County Commissioners approve the attached resolution and a procedure allowing for reimbursement of fuel mileage expenses not to exceed 20 miles round-trip for advisory board members. MS. FLAGG: Commissioners, you had approved this at a prior meeting. This is just bringing forth to you the procedures for getting it done and the legal authorization that you needed. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to approve the resolution. Should be a resolution attached to this, right? Second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10L AUTHORIZED STAFF TO REVISE THE PUBLIC VEHICLE FOR HIRE ORDINANCE 2006-59 TO REMOVE REDUNDANCIES, CORRECT FLAWS, SIMPLIFY, AND GENERALL Y UPDATE THE ORDINANCE - APPROVED MR. MUDD: Commissioner, that brings us to 10L, which used to be 16A16. This was an item that was put on the regular agenda by Commissioner Coletta this morning. And it reads: This is a recommendation that the Board of County Commissioners authorize staff to revise the public vehicle for hire ordinance, 2006-59, to Page 235 November 18,2008 remove redundancies, correct flaws, simplify, and generally update the ordinance. Mr. Joe Schmitt, your community development's environmental services administrator, will -- COMMISSIONER COLETTA: IfI may go right to the chase on this. MR. SCHMITT: It's a 33-page ordinance to start with that we're -- we think needs to be simplified. COMMISSIONER COLETTA: Exactly. I just wanted to make sure we got a chance to weigh in on it. If anything, this ordinance was put together to be able to protect the industry themselves. A case of the fox managing the henhouse. COMMISSIONER FIALA: Guarding. COMMISSIONER COLETTA: Anything we can do to simplify this thing and offer a real consumer protection rather than trying to eliminate competition. This thing is strung together in a way that it just keeps the competitors coming in through the door. MR. SCHMITT: Is there any other information or -- you want us to provide us in amending this? Because we identified things that we think need to be addressed. One of your concerns in the past was, of course, the annual registration. We're requesting that it be every other year now, or at least every two years. And your concerns had to do with the registration. And do you even want to eliminate the entire background check and registration, or do you want to proceed -- still leave that in the ordinance? There's other things in this ordinance that require vehicles inspections. I do not have anybody qualified nor should we assume that liability. I believe that an operator would have to get -- should get a certificate validating that the vehicle they're operating has been inspected by a certified mechanic, and those are the kind of things we want to change, not that they pull in -- back in behind Horseshoe and say -- you know, inspect the lights, inspect the seats. Those are not Page 236 November 18, 2008 things that we should be doing, but that is what's in this ordinance, and we've been doing it for years. Those kind of -- COMMISSIONER COLETTA: Anywhere we can get it simplified, just enough to be able to protect the integrity of the public out there. That's what I would be looking for. MR. SCHMITT: The other thing we do in here is we set taxi rates. I don't know if -- you know, is that something we should -- COMMISSIONER COLETTA: I'm not excited about that. MR. SCHMITT: -- let the free market handle? I mean, this thing is -- we'll be glad to vet it through the process, come back. I think there's several areas that you could look at as we bring this back and provide further guidance as we go through the amendment process. COMMISSIONER COLETTA: I'm sorry I can't give you more feedback. It's getting a little late. MR. MUDD: This will come back to the Board of County Commissioners. MR. SCHMITT: We'll be working through an amendment. We'll bring back some proposals and let you provide guidance as we go through the amendment process. COMMISSIONER COLETTA: Do other counties have such a -- MR. SCHMITT: Let me get Jamie, because Jamie's done some research on this because he's -- go ahead. MR. FRENCH: I would say good morning, but good evening, Commissioners. For the record, Jamie French, and I work in the office of operations and regulatory management for the division. I have looked at both neighboring counties and throughout the State of Florida, is what we kept our search limited to. I would tell you that there is a -- there is a real disparity between our ordinance and what's currently out there in other counties, meaning that say, for instance, in Lee County their ordinance is approximately anywhere from 10 to 14 pages, and it talks more about consumer protection and to make sure that you don't have pedophiles Page 237 November 18, 2008 or you don't have convicted felons behind the wheel of a car versus fuel surcharge rates or setting the rates. It really supported the free market. And then on the east coast we find that in some counties there's well over 500 providers registered because of -- they support the free market and they don't -- again, same thing, what they're doing, they're registering the company, they're registering the driver, and that's pretty much it. They're flagging complaints, they go through a process. And, again, most of these are done through staff, code enforcement boards, through the Board of County Commissioners. So any guidance you can provide us as far as how you'd like to see this come back to you, we'd appreciate it because we're really -- our intent is to start it at square one and to bring this back to you with a good ordinance that we don't have to keep coming back, because one of the things we did find is that this ordinance has been revised a number of times and it's been back in front of this board. So we want to make sure we do it right and we want to make sure we get the input from the industry as well as from the commissioners, as well as from the clients they serve. So any guidance you could provide, we'd certainly appreciate it. COMMISSIONER COLETTA: Well, the Lee County one is a working ordinance that's more in the favor of the consumers, then I'd say, take a real good look at that. MR. FRENCH: We certainly will, sir. COMMISSIONER COLETTA: Use that as a guideline or at least offer us that as an alternative. MR. FRENCH: And that is the one that I believe the City of Fort Myers, as well as the City of Fort Myers Beach, they simply just adopted their ordinance. COMMISSIONER COLETTA: There's always a better way to do it. MR. FRENCH: Yes, sir, yes, sir. Page 238 November 18, 2008 COMMISSIONER COLETTA: That's all I had. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta to approve the item, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #10M TO AUTHORIZE THE CHAIRMAN TO SIGN THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING PARKS AND RECREATION IN THE SUM OF $1,000,000 PER ANNUM- APPROVED MR. MUDD: Commissioner, next item is 10M, used to be 16D21. It was item that the chairman pulled to the regular agenda, and it is a recommendation that the Board of County Commissioners approves and authorizes the chairman to sign the interlocal agreement between Collier County and the City of Naples regarding parks and recreations in the sum of $1 million per annum. And Mr. Barry Williams, your director of parks and recreation, will present. CHAIRMAN HENNING: Mr. Williams, thank you. Really appreciate you being here this late. The only thing is, is I had a constituent review that item when it was on the city council's agenda, asked me to view the playback. I did. Page 239 November 18, 2008 My constituent was appalled of the comments. And it is appalling when they start talking about limerock roads in Golden Gate Estates, if it is not approved. I seen some of the city council members who were very arrogant and some of them kept their cool. But, you know, the amendment to the ordinance provides for the same or similar things that are going to come back, instead of at the close of a 5- or 1 O-year period, we're going to give them a million dollars. They're going to be able to come back in another two years and renegotiate. It's always that you owe us. And I must just say, we never had any input on any park improvements in the City of Naples. That is what caused this contract. We never did. Furthermore, we always hear that the City of Naples provides more than their fair share. They never get enough money back from the Board of County Commissioners. Well, you know, I wish we can get our federal dollars back, the county, what we spend in, you know, gas taxes. That would really help us provide the roads. Just like the roads -- because affordable housing is not in the City of Naples -- and you remember Old Naples, there used to be houses that the regular people can forward. And what the city council has done over the years is increase the intensity and density where those homes were on blocks, causing for more need of the affordable housing in Collier County, you know, people to maintain those buildings, those lush buildings, more maid services, and so on and so forth. So what that does to our budget, we need to provide the roads for people to get to the City of Naples for their jobs. One of the things that we did, we put on the overpass at Golden Gate Parkway and 1-75 -- or Golden Gate Parkway and Airport Road, and did the intersection improvements because of their concerns at Goodlette. That cost millions and millions of dollars. And you remember the big fight that we had with the landscaping then Mayor Bonnie McKenzie made the deal that we spend a million Page 240 November 18, 2008 dollars more in landscaping, okay. Now, with the people -- since there isn't any affordable housing in the City of Naples, what that does to our budget -- there are other ancillary things that -- the workforce needs those low-paying jobs in the City of Naples, schools, healthcare, and the list goes on and on and on. So I'm tired of the city -- some certain members of the city council whining that they're not getting their fair share from the county. You know, we -- they -- from the general fund. Now mind you, this money that we're giving them comes from the taxpayers not in the City of Naples. It comes out of 111 monies. It's not their money. It is the citizens in the unincorporated area, okay. The monies they do get, we have a wonderful Sheriffs Department to provide them service. We have a jail. They don't have a jail in the City of Naples, do they? So they get that service out of their taxes. We provide money for the maintenance of their beaches. I mean, the list just goes on and on and on. We don't ask them to provide services to our children through their parks. We never asked them. They just took it upon themselves to do so, and now they're whining, certain members of the city council, that they don't get their fair share, and it needs to stop. If the city council wants to work together -- and certain members of the city council-- I'm not saying the mayor. The mayor's absolutely wonderful. He wants to work with us. But some of the members of the city council keep on whining, and that doesn't work for me. So I just needed to say that, and I'm going to make a motion to approve the item on the agenda. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion? Page 24 I November 18, 2008 MS. FILSON: I have a speaker, sir. MR. MUDD: You have a speaker, sir. MR. MOSS: I'll defer comments. Thank you. MR. MUDD: He waived. CHAIRMAN HENNING: He waived. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER FIALA: Could I have a copy of that meeting? CHAIRMAN HENNING: I'm sure that IT or somebody from the county manager's staff can do it. MR. MUDD: We can get a copy from the City of Naples. CHAIRMAN HENNING: Yeah. The -- you go right on their website. COMMISSIONER FIALA: Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS CHAIRMAN HENNING: Now we go to public speakers. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Where's Kenny Thompson? MS. FILSON: I have no public comment. CHAIRMAN HENNING: No public comments. No public -- no speakers for public comment. County manager's comments, communications? Page 242 November 18, 2008 Item #15 STAFF AND COMMISSION GENERAL COMMUNICATION MR. MUDD: Yes, sir. First I don't -- the first comment I have is going to be unpopular, and -- because I know what we just went through. But the next meeting I'm going to have to ask the board which of the three capital projects for landscaping we're going to do, because there isn't enough money to do all three. And so it's not up to staff to make that decision. It's up to the board. And I'll bring back the final vote sheet that you had, and we'll talk specifically to that particular item, and l'lllet you know what you have in reserve that's there, and I just need that decision from the board. And Norm will bring that back. But I just wanted to make sure you know. I pretty much can do two projects, but I can't do all three. And so that -- we're going to have to get some direction from the board. Commissioner Fiala, you made an offer to the clerk. I will have an answer for you tomorrow morning. That's what they basically said. And as soon as I get it, I will give -- I'll give a message to each one of the commissioners so that you'll all get it at one time. And last but not least, I just want to make sure that you know that our government channel is changing, okay. And on the 16th of December, we're going to be on Channel 97. The City of Naples is going to be on Channel 98. And the communities -- you know, different communities have a channel that they talk about things or activities that are happening in their particular thing. That will be on Channel 99, okay. And we will -- we will do all kinds of notices and whatnot, you know, press releases and things like that to let everybody know about the change prior to that time. COMMISSIONER COLETTA: Question on that, Mr. Mudd. Page 243 November 18, 2008 Would that channel be available for those people that have basic cable, or is this in more of a -- MR. MUDD: That's why -- we -- one of the -- one of the things that we demanded, okay, that they acquiesced to -- because they really didn't have to do it for us -- was to give us a channel that would be on basic -- on basic cable, and that's on basic cable still. I wish it was farther up on the spectrum of channels that you could get, but that's what we got. CHAIRMAN HENNING: I guess Darcy's going to get that new TV that she wanted in the bedroom because my channels don't go up to 99. MR. MUDD: Sir, that's all I have. CHAIRMAN HENNING: Commissioner Fiala, could I ask you a question -- COMMISSIONER FIALA: Sure. CHAIRMAN HENNING: -- on one ofthe things that the county manager brought up -- is about landscaping? Do you think it would be feasible to give staff direction to remove -- or give us options about removing the street trees, you know, on the side, and just landscaping the medians and see how far we can stretch it with that? COMMISSIONER FIALA: Yeah. It's an option. Not that I want to do that, but we can always get to that later. MR. MUDD: Mr. Feeder -- Mr. Feder is already working on that. That's part of the -- part of that thing that he's bringing up to the board because he knows where we're at and wants to give you some other options instead of just saying you can't do one of them and disappointing some folks. CHAIRMAN HENNING: Okay. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, two things. One, this is a Page 244 November 18, 2008 new one. We're going to have a public petition come to us on 12/2. We never get that many of them. But they -- they're coming to us. It's a lady in Immokalee who's got a little successful business. She drives a bus to move migrants back and forth to work. And for years she's been parking the bus illegally in the community, the residential area of Immokalee by her home, to be able to protect it. She's in the process of trying to see what other options are open. She wants to come before the commission on 12/2 to be able to discuss it. Meanwhile, she has code coming forward. She'd like to have them hold off till the 12/2 meeting when we can listen to what her appeal is. I'd like to ask this commission to support that. COMMISSIONER FIALA: Sure. COMMISSIONER COLETTA: If you don't need that in the form of a motion, maybe it's just direction. MR. MUDD: Yes, sir. I just need direction from the board that you want us to hold off on enforcement on that particular case. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: I mean, it's another chicken thing, and I -- those are getting kind of old for me, but the majority rules. Next thing? COMMISSIONER COLETTA: Yeah. Next thing is the -- anybody ever heard of the natural -- National Park Service? They're out there by Everglades City? They have no parking signs put up on a county road, and it's raised quite a bit of ira (phonetic) with the people that access that area, because the part of the road that it's posted requires them to park a considerable distance away to be able to walk on or be able to reach the trails that are there. And what I'd like to do is have a staff report come back to us at the next meeting telling us exactly what it is and whether these signs are legal or not. COMMISSIONER FIALA: Oh, that sounds like a good idea. Norm Feder, did he hear that? Page 245 November 18,2008 COMMISSIONER COLETTA: He'll hear it soon enough. MR. MUDD: Yeah, he'll hear it tomorrow, I promise. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: There's some chitchat going on back there. MR. MUDD: That's the board's desire? COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Yeah. And the other thing would be, the City of Naples and what took place, if you excuse me, I'm not going to listen to it. I really don't want to hear anything that's nasty and mean, if I can help it. Your turn. CHAIRMAN HENNING: Your turn. COMMISSIONER FIALA: Goodnight, everyone. COMMISSIONER COLETTA: Goodnight, Ms. Calabash, wherever you are. CHAIRMAN HENNING: County Manager, the last public speaker that we had, it was after five o'clock when he was here, very patient, very kind gentleman. Is there any way that you can work with the commissioner of the district on answering questions before bringing it up to the Board of Commissioners? That item, the board never took action. And I don't know why you can't work with the commissioner of the district to try to resolve these things just like you do the other commissioners. Is there a possibility that we can do that? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Okay. The next thing is the Rural Stewardship Growth Management Plan amendments. There's been-- Commissioner Fiala brought it up before. Those growth plan amendments need to go through the advisory boards by law. But when you brought it up, I further looked into it. What they're asking is, before it comes back to us for direction, before it goes into Page 246 November 18, 2008 the cycle of growth management, that they -- the Environmental Advisory Board and the Planning Commission wants to hear to also give us recommendations before it gets in the hopper. So if I can suggest, can we give direction for -- the EAC and the CCPC get together in a workshop with the rural -- COMMISSIONER FIALA: RLSA. CHAIRMAN HENNING: -- RLSA committee in a workshop before it comes to us for a presentation? COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: Is that okay? Is that okay with you? COMMISSIONER COLETTA: Yeah. I heard the idea suggested. It was a good one. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: That would accomplish it. MR. SCHMITT: Clarification? CHAIRMAN HENNING: Yes, please. Mr. Schmitt? MR. SCHMITT: Again, I just want clarification. You're talking about the initial report that was going to come directly to you -- CHAIRMAN HENNING: Right. MR. SCHMITT: -- which in some terms was called the Phase 2 report. CHAIRMAN HENNING: Right. MR. SCHMITT: Okay. You want -- okay. Instead of the Growth Management Plans, because the Growth Management Plans are part of that Phase 2 report. But you want that whole thing to come -- go through those committees before it comes to you? CHAIRMAN HENNING: Right. MR. MUDD: No. He wants to have a joint meeting-- MR. SCHMITT: Yeah, I got it. MR. MUDD: -- ajoint meeting of the EAC and the CCPC-- MR. SCHMITT: In a workshop. MR. MUDD: -- in the rural land stewardship group and get-- Page 247 November 18, 2008 you know, have a presentation, get recommendations, and then to have that come back to the Board of County Commissioners. MR. SCHMITT: Prior to you seeing it, right. MR. MUDD: Yep. That's what I heard. CHAIRMAN HENNING: Yeah, yeah, if you'd schedule that. And my last thing is, the -- another four years and we were sworn in to protect and defend the Constitution of the United States and the State of Florida. To me, that is so precious that we not only have the opportunity but we have no choice. Under the U.S. Constitution, the first amendment is free speech. Free speech is very important for people to speak out. I mean, this thing about burning the American flag, I mean, I find it absolutely appalling, but the court has ruled it is free speech. Now, we have employees that write letters to the editor. That is part of their free speech. And we should not discouraged employees to write letters to the editor, send an email out, or post things on the Internet on their own time. That is free speech. And I believe that all of the employees that receive monies from tax dollars in the State of Florida must also take that oath. So the things that I've been hearing lately and the actions that have been taken is in contrary (sic) to the first amendment of our constitution. Our employees have a right of speech on their own time, okay. COMMISSIONER COLETTA: I'm sorry, Commissioner Henning. I'm aware of what you're talking about, but what actions are you referring to that was taken, some sort of retaliation? CHAIRMAN HENNING: It's my understanding that things had to be removed from a website, and that is not right. MS. FILSON: And I see that you're looking at me, sir. I did not tell anyone to remove anything from the website. That was their own decision. CHAIRMAN HENNING: Okay. All right. Well, I'm glad I Page 248 November 18, 2008 cleared that up. County Attorney, I didn't go to you. Do you have anything? MR. KLA TZKOW: No, sir. CHAIRMAN HENNING: Entertain a motion to adjourn. COMMISSIONER FIALA: Motion to adjourn. COMMISSIONER COLETTA: Mercifully, yes. CHAIRMAN HENNING: Motion by Commissioner Fiala to adjourn, second by Commissioner Coletta. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. *****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously (Commissioner Coyle absent) that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16Al RECORDING THE FINAL PLAT OF TORINO LOT 37 REPLAT- LOCATED AT SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST Item #16A2 RECORDING THE FINAL PLAT OF TORINO LOT 55 REPLAT- LOCATED AT SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST Page 249 November 18,2008 Item # 16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CHRIST COMMUNITY LUTHERAN SCHOOL - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A4 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR VERONA WALK TOWN CENTER - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TERRABELLA OF PELICAN MARSH - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CALDECOTT - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A 7 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TERRABELLA OF PELICAN MARSH, UNIT Page 250 November 18, 2008 ONE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TERRANOVA AT PELICAN MARSH, UNIT ONE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A9 RESOLUTION 2008-327: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF DELASOL PHASE TWO (MADIERA PUD), THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16AI0 RESOLUTION 2008-328: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND POTABLE WATER IMPROVEMENTS FOR THE FINAL PLAT OF SABAL BAY COMMERCIAL PLAT - PHASE THREE WITH THE ROADWAY IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED. COLLIER COUNTY HAS PREVIOUSLY ACCEPTED THE POTABLE WATER IMPROVEMENTS FOR MAINTENANCE - W/RELEASE OF THE MAINTENANCE SECURITY Item #16All Page 25 I November 18, 2008 RESOLUTION 2008-329: DESIGNATING 5,259.0 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH AND CDC SSA 15"; SUBJECT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT FOR CLH AND CDC SSA 15, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH AND CDC SSA 15, AND STEWARDSHIP EASEMENT AGREEMENT FOR CLH AND CDC SSA 15 APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH AND CDC SSA 15; APPROVING A STEWARDSHIP EASEMENT AGREEMENT FOR CLH AND CDC SSA 15 APPROVING AN ESCROW AGREEMENT FOR CLH AND CDC SSA 15; AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A12 RESOLUTION 2008-330: DESIGNATING 2,876.2 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CDC SSA 16"; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT FOR CDC SSA 16, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16; AND STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CDC SSA 16; APPROVING A STEWARDSHIP SENDING AREA EASEMENT AGREEMENT FOR CDC SSA 16; APPROVING AN ESCROW AGREEMENT FOR CDC SSA 16; AND Page 252 November 18, 2008 ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A13 RESOLUTION 2008-331: DESIGNATING 1,713.5 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLA Y DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "CLH SSA 14"; PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH SSA 14, AND STEWARDSHIP EASEMENT AGREEMENT FOR CLH SSA 14; APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR SSA 14; APPROVING A STEWARDSHIP EASEMENT AGREEMENT FOR CLH SSA 14; APPROVING AN ESCROW AGREEMENT FOR CLH SSA 14; AND EST ABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERA TED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 PROPOSAL FROM THE FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION TO SPLIT THE PAYMENT OF THE APPLICABLE FEES INTO TWO SEP ARA TE PAYMENTS FOR ALL PLAN REVIEW, APPROVAL AND FIELD INSPECTIONS FOR DEP PROJECT #60663, COLLIER- SEMINOLE STATE PARK CAMPGROUND IMPROVEMENTS- THE ENTIRE CAMPING AREA IS TO BE RENOVATED WHICH Page 253 November 18, 2008 INCLUDE ROADWAYS, CAMPSITE LOCATIONS, SEWER SERVICES TO 80 CAMPSITES WATER SERVICE AND THE CONSTRUCTION OF TWO NEW BATH HOUSES THE RENOVATION OF TWO EXISTING BATH HOUSES. LOCATED ON US 41 EAST TAMIAMI TRAIL Item #16A15 ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AGREEMENT WITH PACE CENTER FOR GIRLS, INC. CONSISTENT WITH THE PROVISIONS OF THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM AND THE ENTITY'S APPROVED INCENTIVE APPLICATION - AT THEIR NEW LOCATION AT 160 NORTH 1 ST STREET IN IMMOKALEE Item #16A16 - Moved to Item #10L Item #16A17 RELEASE AND SA TISF ACTION OF A CODE ENFORCEMENT LIEN, ACKNOWLEDGING COMPLIANCE AND RECOVERY OF FINES AND FEES RELATED TO PROSECUTION OF CODE ENFORCEMENT MATTERS -AT THE COST OF $10.00 FOR RECORDING THE RELEASE AND SATISFACTION OF LIEN Item #16Bl ONE YEAR TRAFFIC RESERVATION EXTENSION ASSOCIATED WITH THE APPROVAL OF THE TRAFFIC IMP ACT STATEMENT SUBMITTED WITH THE ENTERPRISE ROAD FACILITY SDP AR #12258 - THE EXTENSION WILL BE Page 254 November 18,2008 RETROACTIVE FROM OCTOBER 25, 2008 THROUGH OCTOBER 25, 2009 Item #16B2 OCTOBER 2008 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN ANNUAL PROGRESS REPORT - THIS REPORT SUGGEST GOALS ON HOW TO ACHIEVE THE GOALS FROM THE TDP MAJOR UPDATE WRITTEN IN 2005 Item #16B3 BUDGET AMENDMENT RECOGNIZING ADDITIONAL YEAR ENDING FISCAL YEAR 2008 CARRYFORWARD WITHIN ROCK ROAD MSTU FUND (165) IN THE AMOUNT OF $10,300 TO IMPROVE LIMEROCK ROADS - DUE TO CERTAIN INVOICES SCHEDULED FOR PAYMENT IN 2008 THAT WERE DELAYED AND PAYMENTS WERE POSTED FOR FY 2009 WHICH LED TO AN UNDERSTATEMENT FOR FY 2008 Item #16Cl AMENDMENTS TO THE FLORIDA INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT COLLIER COUNTY SEASONAL AND YEAR ROUND BUSINESS HOW TO RECYCLE VIDEOS GRANT AGREEMENT IG8-09 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - EXTENDING THE GRANT AGREEMENT AND THE PAYMENT REQUEST TO OCTOBER 31, 2009 Item # 16C2 Page 255 November 18, 2008 AMENDMENTS TO THE FLORIDA INNOV A TIVE WASTE REDUCTION AND RECYCLING GRANT SCHOOL BEVERAGE CONTAINER RECYCLING CHALLENGE PROGRAM GRANT AGREEMENT IG8-07 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION - EXTENDING THE GRANT AGREEMENT AND THE PAYMENT REQUEST TO OCTOBER 3 L 2009 Item #16C3 REFUND OF WATER AND WASTEWATER IMPACT FEES ON PERMIT 2008020167 FOR TROPICAL SMOOTHIE CAFE TO PHILLIP T. WOODHOUSE IN THE AMOUNT OF $3,669.43, IN ACCORDANCE WITH DIRECTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 9,2008, ITEM 6B - THE CERTIFICATE OF OCCUPANCY IS TO REFLECT 34 SEATS OPPOSED TO 42 SEATS PREVIOUSLY SUBMITTED Item #16C4 AWARD RFP NO. 08-5063R FOR ANNUAL CONTRACT FOR ANALYTICAL LABORATORY SERVICES TO PACE ANALYTICAL SERVICES, GENAPURE FOR WASTEWATER, POLLUTION CONTROL & WATER DEPARTMENTS WITH SOUTHERN ANALYTICAL LABORATORIES AS BACK UP FOR THE WATER DEPARTMENT - TO MEET REGULATORY AND OTHER REQUIREMENTS WITH FDEP FOR ENVIRONMENTAL MONITORING TO ENSURE THE PUBLIC'S HEAL TH. SAFETY AND WELL-BEING IN COLLIER COUNTY Item # 16C5 Page 256 November 18, 2008 COMMUNICATION OF CONCERNS FROM THE COLLIER COUNTY WATER-SEWER DISTRICT, BY LETTER, UNDER THE SIGNATURE OF THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO, THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATIVE TO THE PROPOSED REVISIONS TO FLORIDA ADMINISTRATIVE CODE CHAPTERS 40E-2 AND 40E-24 ("YEAR-ROUND LANDSCAPE IRRIGATION RULE") - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 COLLIER COUNTY WATER-SEWER DISTRICT, BY LETTER, UNDER THE SIGNATURE OF THE CHAIR OF THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO, THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATIVE TO THE PROPOSED CREATION OF FLORIDA ADMINISTRATIVE CODE CHAPTER 40E-IO ("PICAYUNE STRAND RESERVATION") - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Dl SUBRECIPIENT AGREEMENT PROVIDING FOR A $72,231.00 HOUSING AND URBAN DEVELOPMENT (HUD) GRANT TO THE CITY OF MARCO ISLAND FOR THE INSTALLATION OF SIDEWALKS - WHICH WILL CONSTRUCT 1235 LINEAR SQUARE FEE OF PEDESTRIAN SIDEWALK ADJACENT TO BOTH SIDES OF 5TH AVENUE LOCATED WITHIN THE CITY Page 257 November 18, 2008 OF MARCO ISLAND Item #16D2 AMENDMENT NO.1 WITH THE FWCC, DERELICT VESSEL REMOVAL (FBIP) GRANT CONTACT NO. 07-071, THAT WILL PROVIDE GRANT FUNDS IN THE AMOUNT OF $80,000 - THE NON-CASH MATCH INCLUDES STAFF TIME, EQUIPMENT, GAS AND ANY ADDITIONAL ITEMS REQUIRED Item # 16D3 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AMENDMENT TO THE 2008-09 HUD ONE YEAR ACTION PLAN AND AUTHORIZE THE CHAIRMAN TO SIGN THE NECESSARY CERTIFICATIONS AND DOCUMENTS TO SUBMIT THE DOCUMENT TO HOUSING AND URBAN DEVELOPMENT (HUD) BY DECEMBER 1, 2008 - AS DET AILED IN THE EXECUTIVE SUMMARY Item #16D4 AFTER- THE-FACT SUBMITTAL OF THE CONTINUUM OF CARE (COC) GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR A PROGRAM ASSISTING AND BENEFITING THE HOMELESS POPULATION IN COLLIER COUNTY IN THE AMOUNT OF $761,753 - TO IMPROVE VERY LOW INCOME AND AT-RISK CITIZENS AS REQUIRED FOR PARTICIPATION IN OTHER FEDERALLY FUNDED PROGRAMS Item #16D5 Page 258 November 18,2008 SUB RECIPIENT AGREEMENT PROVIDING FOR A $6,336 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, CHALLENGE GRANT TO THE NATIONAL ALLIANCE ON MENTAL ILLNESS (NAMI) FOR HOMELESS ASSISTANCE - FOR HOMELESS INDIVIDUALS TO PARTICIPATE IN GROUP ACTIVITIES, RECEIVE FINANCIAL SUPPORT, AND ASSISTANCE WITH PSYCHIATRIC EV ALUA TIONS, MEDICATIONS, EYE GLASSES, AND DENTAL WORK Item # 16D6 SUBRECIPIENT AGREEMENT PROVIDING FOR A $38,496 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES CHALLENGE GRANT TO COLLIER COUNTY HUNGER AND HOMELESS COALITION TO SUPPORT AND MAINTAIN THE HOMELESS MANAGEMENT INFORMATION SYSTEM - PROVIDING FOR EQUIPMENT, SOFTWARE, PERSONNEL, RENT AND OPERATIONAL COSTS Item #16D7 AMENDMENT NO.3 TO THE ATTACHED FDEP COST SHARE CONTRACT #05COl FOR THE CONSTRUCTION AND MONITORING OF THE CITY OF NAPLES/COLLIER COUNTY BEACH RENOURISHMENT PROJECT NO. 905271 - THE SHARE COST BY THE STATE WILL BE APPROXIMA TEL Y $368,252 Item #16D8 Page 259 November 18, 2008 SUBRECIPIENT AGREEMENT PROVIDING FOR A $115,849.00 HOUSING AND URBAN DEVELOPMENT (HUD) GRANT TO THE CITY OF NAPLES FOR NEIGHBORHOOD IMPROVEMENTS SUCH AS STREET PARKING, LANDSCAPING AND IRRIGATION - WHICH INCLUDE FIVE PARALLEL SPACES ON THE NORTH SIDE OF THE RIGHT- OF-WAY BETWEEN 10TH AND 11TH STREET-NORTH WITHIN THE CITY OF NAPLES Item # 16D9 FY 2008-09 AGREEMENT WITH THE DAVID LAWRENCE MENT AL HEALTH CENTER, INC. IN THE AMOUNT OF $1,055,778 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16DI0 AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES ACCEPTING A CHALLENGE GRANT IN THE AMOUNT OF $96,000; AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS ASSOCIATED WITH THIS ACTION - TO PROVIDE HOMELESS ASSISTANCE FOR COLLIER COUNTY CITIZENS THROUGH ST. MATTHEW'S HOUSE, THE SHELTER FOR ABUSED WOMEN AND CHILDREN, NATIONAL ALLIANCE ON MENTAL ILLNESS, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION Item #16Dll SUBRECIPIENT AGREEMENT PROVIDING FOR A $10,272 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND Page 260 November 18, 2008 FAMILIES, CHALLENGE GRANT TO SAINT MATTHEW'S HOUSE TO PROVIDE TRANSPORTATION FOR COLLIER COUNTY'S HOMELESS POPULATION - TO PROVIDE TRANSPORTATION SERVICES BY PURCHASING BUS P ASSES AND THE OPERATION AND MAINTENANCE OF AN EXISTING VAN OWNED BY ST. MATTHEW'S HOUSE Item #16D12 SUBRECIPIENT AGREEMENT PROVIDING FOR A $40,896 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, CHALLENGE GRANT TO THE SHELTER FOR ABUSED WOMEN AND CHILDREN TO PARTIALLY FUND TWO SALARIES FOR CASE MANAGERS - FOR ASSISTANCE WITH SHORT AND LONG NEEDS, FOOD STAMPS, MEDICATION, JOB PLACEMENT, LIFE SKILLS, BUDGETING, NUTRITION, SELF CARE, LEGAL ASSISTANCE, AND ASSIST THEM IN ACCESSING MAINSTREAM BENEFITS Item #16D13 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 65, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Item #16D14 LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF Page 261 November 18,2008 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 66, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Item #16D15 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 67, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Item #16D16 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 68, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Item #16D17 LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 69, TRAIL RIDGE, EAST NAPLES - IMP ACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Page 262 November 18, 2008 Item #16D18 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 70, TRAIL RIDGE, EAST NAPLES - IMPACT FEE DEFERRALS IN THE AMOUNT OF $22,325.96 Item #16D19 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 # 16D20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TRANSPORTATION ENHANCEMENT PROGRAM (TEP) GRANT APPLICATION TO THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE CONSTRUCTION OF THE GORDON RIVER GREENWAY P ARK IN THE AMOUNT OF $400,000 - TO ENHANCE PROVISIONS OF FACILITIES FOR PEDESTRIANS, BICYCLES, PROVIDE SAFETY AND EDUCATIONAL ACTIVITIES FOR PEDESTRIANS AND BICYCLISTS, PROVIDE LANDSCAPING AND OTHER SCENIC BEAUTIFICATION AND OFFER ENVIRONMENTAL MITIGATION Item # 16D21 - Moved to Item # 1 OM Page 263 November 18,2008 Item #16D22 AWARD BID #08-5129 TO SEA TOW IN AN AMOUNT NOT TO EXCEED $100,000 FOR THE REMOVAL OF DERELICT VESSELS Item # 16D23 ASSUMPTION AGREEMENT UNDER CONTRACT NO. 00-3168 "BAREFOOT BEACH CONCESSION AGREEMENT" FROM RECREATIONAL FACILITIES OF AMERICA, INC. BY STEVEN R. BANKS D/B/A BAREFOOT BEACH RENTALS AND TO RA TIFY TWO (2) PREVIOUS RENEWALS OF THAT AGREEMENT - TO INCLUDE ASSET PURCHASE Item # 16D24 CHANGE ORDER NO.1 TO FILE NO. DRI 05-06 WITH INSPIRED WOODWORKING FOR PROJECT 4984 23RD COURT SW, NAPLES, FLORIDA (FOLIO NO. 36110800009) AND RATIFY PRIOR AND FUTURE PROJECT EXPENDITURES - IN THE AMOUNT OF $35,050.00 FOR UNANTICIPATED MOLD DAMAGE CAUSED BY HURRICANE WILMA WHICH REQUIRED EXTENSIVE MOLD MITIGATION Item #16El RENEWAL OF THE GROUP LIFE, LONG TERM DISABILITY, AND SHORT TERM DISABILITY INSURANCE PROGRAMS WITH SUN LIFE ASSURANCE COMPANY OF CANADA, EFFECTIVE JANUARY 1,2009 AT THE CURRENT RATES, Page 264 November 18, 2008 COVERAGE TERMS AND CONDITIONS - THE RATES ARE GUARANTEED FOR A 24 MONTH PERIOD STARTING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2010 Item #16E2 AWARD BID NO. 08-5110, "PORTABLE TOILET RENTALS" TO UNITED SITE SERVICES OF FLORIDA, INC. AS THE PRIMARY AND RON'S JONS PORTA POTTY RENTALS AS THE SECONDARY FOR PORTABLE TOILET RENTAL SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $45,000 - COUNTY SPONSORED EVENTS THROUGHOUT THE YEAR REQUIRE THE USE THE PORTABLE TOILETS FOR VARIOUS COUNTY FACILITIES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 SECOND AMENDMENT TO THE EXPRESS SCRIPTS, INC. PRESCRIPTION DRUG PROGRAM AGREEMENT TO PROVIDE PHARMACY BENEFIT MANAGEMENT SERVICES TO THE COLLIER COUNTY GROUP HEALTH INSURANCE PLAN Item # 16E4 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - COVERING THE PERIOD BETWEEN SEPTEMBER 23, 2008 THROUGH OCTOBER 23, 2008 Item #16E5 Page 265 November 18, 2008 A WARD RFP #08-5100, ANNUAL CONTRACT FOR ALL COLLIER COUNTY PRINTING AND COPYING SERVICES TO VARIOUS PRINTERS IN THE ESTIMATED ANNUAL AMOUNT OF $400,000. ALSO APPROVE THE COLLIER COUNTY GRAPHICS STANDARDS MANUAL - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Fl RESOLUTION 2008-332: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET Item #16F2 REPRESENT A TION AGREEMENT BETWEEN COLLIER COUNTY AND OMMAC, LTD. FOR INTERNATIONAL MARKETING REPRESENTATION SERVICES IN FY 09 IN THE AMOUNT OF $200,000 - FOR TOURISM MARKETING REPRESENTATION IN THE UNITED KINGDOM AND IRELAND Item #16F3 BUDGET AMENDMENT TO INCREASE THE BUDGET FOR UNEMPLOYMENT COMPENSATION EXPENSES BY $315,000 - INCURRED BY THE STATE ON THE COUNTY'S BEHALF Item #16F4 BUDGET AMENDMENT PURSUANT TO BOARD OF COUNTY Page 266 November 18, 2008 COMMISSION DIRECTION ON SEPTEMBER 23, 2008 REDUCING BY $60,000 THE CLERK OF COURT TRANSFER WHICH PROVIDED FUNDING FOR ATTENDANCE BY THE CLERK OF COURT AT BOARD OF COUNTY COMMISSION MEETINGS Item #16F5 BUDGET AMENDMENTS - FOR ROCK ROAD MSTU IN THE AMOUNT OF $4,200.00 AND FOR THE FREEDOM MEMORIAL IN THE AMOUNT OF $20,000.00 Item # 16F6 BUDGET AMENDMENT REIMBURSING THE COURT IT FEE FUND (178) $241,303.37 FROM GENERAL FUND (001) RESERVES TO REPLACE RESTRICTED FUNDS TRANSFERRED TO THE GENERAL FUND - FOR IT COSTS FOR CIRCUIT AND COUNTY COURTS PERFORMING COURT- RELA TED FUNCTIONS Item #16G 1 PURCHASE OF A RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; TO APPROVE PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A PAYMENT FROM THE BA YSHORE GATEWAY TRIANGLE CRA FUND 187 IN THE AMOUNT OF $45,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY. SITE ADDRESS: 3029 LUNAR ST. ($45,000) Page 267 November 18, 2008 Item #16G2 RESIDENTIAL PROPERTY LOCATED IN THE BA YSHORE GA TEW A Y TRIANGLE AREA; WAIVE THE REQUIREMENT FOR AN APPRAISAL; AUTHORIZE THE CRA CHAIRMAN TO EXECUTE THE REAL EST A TE CONTRACT; APPROVE PAYMENT FROM FUND (187) AND AUTHORIZE THE EXECUTIVE DIRECTOR TO MAKE PAYMENT IN THE AMOUNT OF $99,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND AUTHORIZE THE DEMOLITION OF THE SITE STRUCTURES AFTER CLOSING. SITE ADDRESS: 2515 BECCA AVENUE ($99,000)(DA VID JACKSON, EXECUTIVE DIRECTOR, BA YSHORE GA TEW A Y TRIANGLE CRA) Item #16G3 THE COLLIER COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD TO AUTHORIZE THE BA YSHORE GATEWAY TRIANGLE CRA EXECUTIVE DIRECTOR TO SERVE AS THE SPECIAL DISTRICT REGISTERED AGENT FOR THE COLLIER COUNTY CRA - DESIGNA TING DAVID JACKSON AS AGENT Item #16G4 AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR THE PURCHASE OF 2.73 ACRES OF LAND TO RELOCATE THE VEHICLE AND AIRCRAFT PARKING AT THE MARCO ISLAND EXECUTIVE AIRPORT AT A COST NOT TO EXCEED $260,000 - FOR ADDITIONAL PARKING AND SAFETY Item # 16G5 - Withdrawn Page 268 November 18,2008 CHANGE ORDER NO.1 TO CONTRACT NO. 08-5073 WITH RW A, INC. FOR THE IMMOKALEE MASTER PLAN AND RELATED SERVICES AND APPROVE A $165,500 BUDGET AMENDMENT SUFFICIENT APPROPRIATION TO FUND A PUBLIC REALM PLAN IN THE SCOPE OF SERVICES Item # 16G6 - Withdrawn CHANGE ORDER NO.1 TO CONTRACT NO. 08-5073 WITH R W A, INC. FOR THE IMMOKALEE MASTER PLAN AND RELATED SERVICES AND APPROVE A $165,500 BUDGET AMENDMENT AS SUFFICIENT APPROPRIATION TO FUND A PUBLIC REALM PLAN IN THE SCOPE OF SERVICES Item #16Hl COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE LEL Y MAIN CANAL IMPROVEMENT PROJECT PROGRAM AND DEDICATION CEREMONY AND LUNCHEON, HOSTED BY COLLIER ENTERPRISES ON NOVEMBER 13, 2008 IN NAPLES, FLORIDA. $4.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - LOCATED AT U.S. 41 EAST BETWEEN RATTLESNAKE HAMMOCK ROAD & TREVISO BAY BLVD Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Page 269 November 18, 2008 The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 270 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 18,2008 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) 2) 3) 4) 5) Affordable Housing Commission: Minutes of August 4. 2008. Airport Authority: Minutes of August II, 2008. Animal Services Advisorv Board: Minutes of September 16,2008. Collier County Coastal Advisorv Committee: Minutes of August 14,2008; September 11,2008. Collier County Citizens Corps: Agenda of September 17,2008. Minutes of September 17,2008. 6) Collier County Planning Commission: Agenda of October 16, 2008. Minutes of August 21,2008; August 28,2008 LDC; August 29,2008 GMP; September 4, 2008. 7) Contractors Licensing Board: Minutes of September 17,2008. 8) Development Services Advisorv Committee: Minutes of September 3, 2008. 9) Emergency Medical Services Advisorv Council: Minutes of September 19, 2008. 10) Immokalee Enterprise Zone Development Agency: Agenda of October IS, 2008. Minutes of September 17, 2008 II) Immokalee Local Redevelopment Advisory Board: Agenda of October 15,2008 w/lMPVC; October 15,2008. Minutes of September 17, 2008; September 17,2008 w/lMPVC; September 25,2008 Workshop w/IMPVC. 12) Land Acquisition Advisory Committee: Minutes of September 8, 2008. 13) Library Advisory Board: Agenda of October 21, 2008. Minutes of September 16,2008. 14) Ochopee Fire Control District Advisorv Committee: Minutes of May 12, 2008. 15) Parks and Recreation Advisory Board: Minutes of September 17,2008. 16) Pelican Bay Services Division Board: Minutes of July 2, 2008; August 12, 2008; September 3, 2008. a) Clam Bay Committee: Minutes of June 18,2008. 17) Rural Lands Stewardship Area Review Committee: Minutes of September 30, 2008; October 7, 2008. B. Other: I) Code Enforcement Special Magistrate: Minutes of October 3, 2008. November 18, 2008 Item #16Jl ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES DEPARTMENT OF THE TREASURY COMBINED EQUITABLE SHARING AGREEMENT AND CERTIFICATION THROUGH SEPTEMBER 2009 Item #16J2 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 18, 2008 THROUGH OCTOBER 24, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 25, 2008 THROUGH OCTOBER 31, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 01,2008 THROUGH NOVEMBER 07,2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND PREVENTION - TO FURTHER THE LEARNING FOR LIFE, DRUG ABUSE PREVENTION, AND CHILD ABUSE PROTECTION PROGRAMS Page 271 November 18, 2008 Item #16Kl SETTLEMENT PRIOR TO COMPLETION OF DISCOVERY IN THE LAWSUIT ENTITLED SUSAN PHILLIPS Vs. COLLIER COUNTY, FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-2988- CA, FOR $5,000.00 Item # 16K2 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $1,800.00 FOR PARCEL 150RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V ALLEN W BARNES, AS PERSONAL REPRESENTATIVE OF AND SOLE HEIR TO THE ESTATE OF HILDA M. BARNES, ET AL., CASE NO. 07-2864-CA (OIL WELL ROAD PROJECT NO. 60044) Item #16K3 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $21,845.00 FOR PARCEL 164 IN THE LAWSUIT STYLED COLLIER COUNTY V JUAN RAMIREZ, ET AL., CASE NO. 02- 5166-CA (IMMOKALEE ROAD II PROJECT NO 60018) (FISCAL IMPACT $15,960.85) Item #16K4 COUNTY ATTORNEY BE DIRECTED TO ADVERTISE AN ORDINANCE THAT REPEALS AND REPLACES ORDINANCE NO. 74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE UNINCORPORATED AREAS OF COLLIER COUNTY Page 272 November 18,2008 Item #16K5 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $20,000.00 FOR PARCEL 158RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V JOHN GODDARD, ET AL., CASE NO. 07- 3111-CA (OIL WELL ROAD PROJECT 60044) (FISCAL IMPACT $5,600.00) Item # 1 7 A RESOLUTION 2008-333: PETITION: PE-2008-AR-13117: LEE COUNTY ELECTRIC COOP (LCEC) INC., REPRESENTED BY JIM KRALL, P.E. OF DAVIDSON ENGINEERING, IS REQUESTING A PARKING EXEMPTION FOR THE LCEC IMMOKALEE AREA SERVICE CENTER IN A RESIDENTIAL MULTI-FAMIL Y 6 (RMF-6) ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED IN IMMOKALEE AT 433 15TH STREET NORTH, SECTION 5, TOWNSHIP 47, RANGE 29, IMMOKALEE, FLORIDA (CTS) Item #17B RESOLUTION 2008-334: PETITION: NUA-2007-AR-12575 HITCHING POST CO-OP, INC., REPRESENTED BY TIM HANCOCK, AICP, OF DAVIDSON ENGINEERING, IS REQUESTING A NON-CONFORMING USE AL TERA TION APPROVAL, TO ENABLE UNIT OWNERS TO REPLACE EXISTING NON-CONFORMING STRUCTURES, IN CONFORMANCE WITH THE FIRE CODE AND SO AS NOT TO INCREASE THE EXISTING NON-CONFORMITIES. THE SUBJECT 44.46::l: ACRE PROPERTY IS LOCATED IN THE HITCHING POST CO-OP SUBDIVISION, ALONG THE WEST Page 273 November 18, 2008 SIDE OF BAREFOOT WILLIAMS ROAD, APPROXIMA TEL Y 200 FEET SOUTH OF THE INTERSECTION OF BAREFOOT WILLIAMS ROAD AND TAMIAMI TRAIL EAST, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (CTS) Item #17C RESOLUTION 2008-335: PETITION: CU-2007-AR-12357, FIRST CONGREGA TIONAL CHURCH OF NAPLES, REPRESENTED BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A., REQUESTING A CONDITIONAL USE TO PERMIT THE FIRST CONGREGATIONAL CHURCH OF NAPLES TO CONSTRUCT A 300 SEAT FACILITY. THIS SITE IS ZONED ESTATES (E) AND IS LOCATED WITHIN THE ESTATES DESIGNATION ON THE FUTURE LAND USE MAP OF COLLIER COUNTY GROWTH MANAGEMENT PLAN. PURSUANT TO SECTION 2.04.03 OF THE LAND DEVELOPMENT CODE, CHURCHES AND PLACES OF WORSHIP ARE PERMITTED CONDITIONAL USES IN THE E, EST ATE ZONING DISTRICT. CURRENTLY THE PROPERTY IS UTILIZED AS A SINGLE F AMIL Y RESIDENCE. THE SUBJECT PROPERTY IS 2.6 +/- ACRES LOCATED AT 6225 AUTUMN OAKS LANE, SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (CTS) Item #17D RESOLUTION 2008-336: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET Page 274 November 18,2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:55 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECI DIS RICTS UNDER ITS CONTROL airman ATTEST:. ". r'I.,. .., 'h. DWIGI-tT E. BRQCK, CLERK , "., ~ 1'"'' ..... $ ~ '. . .. . ,,,"" ---. Atttst,~ to~. . If_ .",,, .' These minutes approved by the Board on as presented ~ or as corrected /~//u/t;r I ' TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 275