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BCC Minutes 02/10/2009 R February 10,2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 10, 2009 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: Donna Fiala Fred Coyle Jim Coletta Frank Halas Tom Henning ALSO PRESENT: Jim Mudd, County Manager Sue Filson, Executive Manager to the BCC Jeffrey A. Klatzkow, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA February 10th, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 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." February 10,2009 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. January 7, 2009 - Value Adjustment Board Hearings with Special Magistrate Scott Watson C. January 8, 2009 - BCC/EDC Workshop D. January 9,2009 - Value Adjustment Board Regular Meeting E. January 13,2009 - BCC/Regular Meeting F. January 16,2009 - BCC/CRA Annual Report Workshop G. January 20,2009 - BCC/TDC Workshop February 10,2009 Page 2 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service A wards 1) 5 Years - Stephen A. Harrison - County Government Productivity Committee 4. PROCLAMATIONS A. Proclamation designating February as Scouting Anniversary Month. To be accepted by William Kocses. B. Proclamation recognizing Collier County's Code Enforcement Blight Prevention Program. To be accepted by Michelle Scavone and Kimberly Brandes. C. Proclamation designating February 10, 2009 as Shirlee Barcic Day. To be accepted by Shirlee Barcic. D. Proclamation recognizing The Humane Society Naples for their contributions to Collier County. To be accepted by Michael Simonik, Executive Director, The Humane Society Naples. E. Proclamation designating the week of February 16 - 23, 2009 as Engineers Week in Collier County. To be accepted by Dan Waters, PE, Calusa Chapter President; Marlene Messam, PE, Calusa Chapter Vice-President; Alison Huber, PE, Calusa Chapter Treasurer; Allyson Swanson, PE, Director, Calusa Chapter Way & Means Cmte., and Ralph Verrastro, PE, Chair, Calusa Chapter Membership Cmte. F. Proclamation designating February 26, 2009 as 1. Dudley Goodlette Day. To be accepted by Jeffrey Allbritten, President, Edison State College Collier Campus. 5. PRESENTATIONS A. Recommendation to recognize Robert Dennison, Plant Mechanic, Wastewater Department, as Employee of the Month for January 2009. February 10, 2009 Page 3 B. Presentation by Kraft Construction on the Construction status of the new Courthouse Annex. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a Conditional Use (CU) for a passive recreational use in the Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). The subject property, consisting of 4.32 acres, is located at 10 III and 10 121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County, Florida. (CTS) 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR-12930, Collier County Coastal Zone Management represented by Laura DeJohn of Johnson Engineering, Inc., requesting a Rezone from the RMF-6 (Residential Multi-family) and C-3 (Commercial Intermediate) to CF (Community Facility) to provide a parking lot for the Bayview Park boat launch. The subject property is located in Section 23, Township 50 South and Range 25 East, Collier County, Florida. (CTS) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2007-AR-12026 Stephen J. Lockwood, Trustee for SJL Realty II Trust, represented by Heidi Williams, AICP, ofQ. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Savannah Place RPUD, to allow development of a maximum of20 townhouse, single-family attached or single-family February 10,2009 Page 4 detached dwelling units. The subject 6.81 acre property is located on the south side of Orange Blossom Drive approximately one half mile west of Airport Road (CR 31), in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (CTS) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Advisory Committee. B. Appointment of members to the Collier County Code Enforcement Board. C. Appointment of members to the Immoka1ee Enterprise Zone Development Agency. D. Appointment of member to the Immokalee Master Plan and Visioning Committee. E. Appointment of members to the Emergency Medical Services Policy Advisory Board. F. Consideration of the request by the Productivity Committee (7-3) that the Board of County Commissioners reconsider their directive that Productivity Committee Meetings be relocated. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Request that the Board of County Commissioners adopts the Collier County Transportation Impact Fee Update Study (Study) dated December 2008 and directs staff to bring back an Ordinance amending Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the Study. Also, that the BCC reviews the fiscal analysis and additional data requested during the January 13, 2009 regular meeting agenda Item # 1 O-C and directs staff to adopt the appropriate impact fee rate schedule and payment schedule. (Norman Feder, Transportation Services Administrator) B. Recommendation to approve Funding Agreement No. 4600001684 in the amount of$I,500,000.00 with the South Florida Water Management District February 10,2009 Page 5 to provide assistance with the construction of three (3) Stormwater Improvement Projects: (1) Lely Area Stormwater Improvement Project; (2) Freedom Park; and (3) Gateway Triangle Stormwater Improvement Project. (Norman Feder, Transportation Services Administrator) C. This item to be heard at 11:00 a.m. Recommendation to deny the petitioners request for a reduction of the storage for the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, Project 60001. (Norman Feder, Transportation Services Administrator) D. Recommendation that the Board of County Commissioners approves the Wetland Mitigation and Panther Habitat Unit Option Agreement with the Barron Collier Companies and authorizes the Chairman to sign the document. Project #60044. (Norman Feder, Transportation Services Administrator) E. Recommendation for the Board of County Commissioners to approve the award of Bid #09-5169 to the lowest qualified and responsive bidder BCBE Construction Co., Inc. for the construction contract of the Goodland Boat Park Project #80611.1 for a lump sum price of$l ,690,020.28. (Marla Ramsey, Public Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. February 10, 2009 Page 6 ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners approve having staff advertise and return for the Board's consideration at a future meeting the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for the Special Magistrates role in the imposition of nuisance abatement liens and to incorporate the Board's prior direction as reflected on the attached proposed amended ordinance. 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 Copper Cove Preserve, Unit Two. 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 3A (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. 4) A Resolution of the Collier County Board of County Commissioners to extend the term of the Rural Lands Stewardship Area Review Committee. B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #09-5144 - 11lth Avenue at 8th Street Intersection Improvements (Project #600741/F.M. No. 415543-1) to Better Roads, Inc., in the amount of$148,660.60 with 10% contingency of $15,000.00 for a total of$163,660.60. 2) Recommendation that the Board approve the donation of plants from the Bayshore Beautification Municipal Service Taxing Unit (M.S.T.V.) to the Naples Botanical Garden (NBG). February 10, 2009 Page 7 3) Recommendation that the Board of County Commissioners approve the Landscape Maintenance Agreement between Collier County, Florida and Pine Air Lakes Development District for landscaping within the right-of-way on Naples Boulevard. 4) Recommendation to approve a work order in the amount of $223,990 to URS for project management and oversight for the Lely Area Stormwater Improvement Project (LASIP) Lely Main Canal (East - West) Phase under Contract #05-3657 Project Management and Oversight Services. 5) Recommendation to approve award of Contract #08-5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System. C. PUBLIC UTILITIES 1) Recommendation to award Contract ITB#08-5075, Collection Agency Service for Collier County to United Adjustment Corporation. D. PUBLIC SERVICES 1) 2) 3) 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, five (5) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, eight (8) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. Present to the Board of County Commissioners a summary of Impact Fee Deferral Agreements recommended for approval in FY09, including total number of Agreements approved, total dollar amount deferred and balance remaining for additional deferrals in FY09. Recommend approval by the Board of County Commissioners to replace Page 2 of 10 due to a scrivener's error on the FDEP Cost February 10, 2009 Page 8 Share Contract #05COI for the City of Naples/Collier County Beach Re-nourishment Project. 5) Recommend that the Board of County Commissioners approve and authorize the Chairman to sign revised Use Agreement No. U-0344 between Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Collier County for access to Delnor- Wiggins State Park for Wiggins Pass dredging. 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to the Eden Gardens Apartments Limited Partnership State Housing Initiatives Program (SHIP) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Loan approved on November 13,2007 (Item #16D27) for $442,000.00 This amendment will allow for a time extension, budget change and payments to be made to Eden Gardens Apartment LLP as reimbursement for expenses incurred for eligible costs associated with the Agreement even though leasing of the units is not complete. 7) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect the actual grant award for the Older Americans Act program. 8) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to the Big Cypress Housing Corporation Community Development Block Grant Program (CDBG) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Agreement approved on July 24, 2007 (Item #16D12) for $192,000.00 This amendment will allow for time extension and final payments to be made to Big Cypress as reimbursement for expenses incurred for eligible costs associated with the Agreement even though leasing of the units is not complete. 9) Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of$350,000 from the United States February 10, 2009 Page 9 Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a sub-recipient agreement with Child Advocacy Council (d/b/a Child Protection Team). 10) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement with Collier County Child Advocacy Council d/b/a Child Protection Team to provide supervised visitation services in Collier County. Services will be reimbursed through a grant from the United States Department of Justice, Office on Violence Against Women, which began September 1, 2007 and ends August 31, 2009. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve and execute a First Amendment to Lease Agreements with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a monthly cost of $1 7,225.10, Project #52004-1. 2) Recommendation to approve an Agreement for Sale and Purchase with Mahlan Houghton and Paula Houghton for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,000. 3) Recommendation to approve an Agreement for Sale and Purchase with Monty D. Robinson for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. 4) Recommendation to approve an Agreement for Sale and Purchase with Theodore W. Romak for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 5) Approval of the Collier County Employee Benefit Plan and Flexible Benefits Plan documents effective January 1,2009. 6) Recommendation to award Bid No. 09-5146, Handyman and Minor Carpentry Services to BQ Concrete LLC; OneSource Construction February 10, 2009 Page 10 Company and Builders, Inc.; Homescape Construction, Inc.; Spectrum Contracting, Inc.; and Cali and Associates, Inc., for handyman and minor carpentry services for an estimated annual amount of $70,000. 7) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 8) Recommendation to approve a First Amendment to Lease Agreement with Domenico and Maria LaGrasta for the continued use of temporary warehouse/office space used by the Sheriffs Office at a first years cost of $52,800. 9) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the first quarter FY 09. 10) Recommendation to amend the Purchasing Policy to allow staff to solicit proposals from firms under CCNA Fixed Term Agreements. 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 the proposed recommended Ordinance authorizing the County Manager to extend the opportunity for a Voluntary Separation Incentive Program to eligible employees upon approval by the Board of an enabling Resolution and authorize Staff to advertise said Ordinance for approval at a future Board meeting. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to execute a grant agreement with the Federal Aviation Administration (FAA) in the amount of $187,150.00, and approve al1 necessary budget amendments, to February 10,2009 Page 11 expand the aircraft parking apron at the Immokalee Regional Airport. 2) Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute a grant agreement with the . Federal Aviation Administration (FAA) in an amount of$101,741.00, and approve all necessary budget amendments, for construction of the aircraft apron (north) at the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend an event serving a valid public purpose. Attended the Annual East Naples Civic Association Banquet on 1-26-09. $40.00 to be paid out of Commissioner Henning's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 59th Annual East Naples Civic Association Banquet on January 26, 2009 at Naples Lakes Country Club in Naples, FL. $40.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Economic Development Council VIP Breakfast on February 6, 2009 at Parker Hannifin in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Urban Land Institute of South West Florida's 12th Annual Winter Institute on the Gulf, January 29,2009 at the Naples Hilton. $50 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta participating as instructor and student at the 25th Annual Growth Management, Energy, Climate Change, and Environment Short Course, February 18-19,2009, at the Daytona Beach Hilton. Registration $495; Hotel Accommodations $133; Parking: $34; Total February 10, 2009 Page 12 of $662 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the 59th Annual East Naples Civic Association Banquet, January 26, 2009. $40 to be paid from Commissioner Coletta's travel budget. 7) Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Foundation for Developmentally Disabled Fundraiser and Gala, February 21, 2009. $125.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of January 17,2009 through January 23,2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of January 24, 2009 through January 30, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve settlement prior to trial in the lawsuit entitled Osvaldo Gayon v. Dennis Larson, et a!.; filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-340- CA, for $9,500.00. 2) Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for Parcels 134 and 135 in the lawsuit styled Collier County v. Ronen Graziani, et a!., Case No. 06-0548-CA (Santa Barbara Boulevard Project, No. 62081). (Fiscal Impact $222,772.60) February 10, 2009 Page 13 This is a companion item to Parcel 136, Item #16K3. 3) Recommendation to approve a Stipulated Final Judgment for Parcel 136 in the lawsuit styled Collier County v. Ronen Graziani, et aI., Case No. 06-548-CA and to purchase the remainder property located on Santa Barbara Boulevard as part of the outstanding eminent domain litigation settlement. Project No. 62081. (Fiscal Impact: $637,780). This is a companion item to Parcels 134 and 135, Item #16K2. 4) F or the Board of County Commissioners to approve the Filing of a Foreclosure Action with the Circuit Court of the Twentieth Judicial Circuit to recover three outstanding Code Enforcement Liens presently totaling $517,662.48, regarding the Jerry Blocker and Kimberlea Blocker property located at 1101 Alachua Street, Immokalee Florida, a!k/a Shells Trailer Park Folio: #63864720000, #63864680001, and #63864760002. 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 RECOMMENDA TlON FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners, pursuant to authorization under Item #16F(2) on January 13,2009, adopt and enact a duly noticed and published Ordinance dissolving fourteen (14) inactive taxing authorities which are currently found on the Property Appraisers Ad Valorem Property Tax Roll. February 10,2009 Page 14 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. February 10, 2009 Page 15 February 10,2009 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. CHAIRMAN FIALA: Thank you very much. And good morning, everyone. Thank you for being here this morning on this bright happy day that's warmed up a little bit. Isn't it nice? Would you all please stand with me for the invocation, and then we'll say the Pledge of Allegiance. MR. MUDD: Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff, and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide and direct the decisions made here today so that your -- so that your will for our county would always be done. These things we pray in your holy name. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you, Mr. Mudd. Would you - Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W /CHANGES MR. MUDD: Yes, ma'am. Agenda changes, board of County Commissioners' meeting, February 10,2009. The first item is continue Item 100 to February 24, 2009, BCC meeting. It's a recommendation that the Board of County Commissioners approves the wetland mitigation and panther habitat Page 2 February 10,2009 unit option agreement with the Barron Collier Companies and authorizes the chairman to sign the document. It's project number 60044. This item is being continued at staff's request. The next item is to move Item 16A 1 to 1 OF. This item to be heard at 4:30 p.m. It's a recommendation that the Board of County Commissioners approve having staff advertise and return to the board's consideration at a future meeting the litter, weed, and exotic control ordinance, ordinance number 05-44, to clarify the requirements for the special magistrate's role in the imposition of nuance, abatement liens, and to incorporate the board's prior direction as reflected on the attached proposed amended ordinance. This item is asked to be moved to the regular agenda by Commissioner Coletta. The next item is Item 16D6. Under considerations, the sentence that states, the clerk offices requested that the agreement be amended to specifically allow for partial or progress payments with, and change it to, the Housing and Human Services Department (HHS) is requesting that the agreement be amended to specifically allow for partial and progress payments. That clarification's at staff's request. The next item is Item 1608. The title refers to a sub-recipient agreement approved on July 24, 2007, and in the title and in the executive summary it talks about Item 12D. The correct item number for the July 24, 2007, meeting is item number 16012, and that clarification's at staff's request. The next item is to move Item 16K4 to 12A, that the Board of County Commissioners approve the filing of a foreclosure action with the Circuit Court of the 20th Judicial Circuit to cover three outstanding code enforcement liens presently totaling $517,662.48 regarding the Jerry Blocker and Kimberlea Blocker property located at 1101 Alachua Street, Immokalee, Florida, alk/a Shells Trailer Park, folio number 63864720000, next folio number is 638646800001 (sic), and the last folio number is 63864760002 (sic). This item is being moved to the regular agenda at Commissioner Coletta's request. Page 3 February 10,2009 Commissioners, you have three time-certain items today. 9E, to be heard at four p.m., appointment of members to the Emergency Medical Service Policy Advisory Board. That time certain was requested by Commissioner Henning. The next time certain is Item 10C to be heard at 11 a.m. It's a recommendation to deny the petitioner's request for a reduction of the storage for the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, project number 60001. The next time-certain item is Item 10F to be heard at 4:30, and on this change sheet I previously read that particular summary of the item. And that's all I have, Madam Chair, Commissioners. CHAIRMAN FIALA: Thank you, Mr. Mudd. Do you have anything for us, County Attorney? MR. KLATZKOW: No, ma'am. CHAIRMAN FIALA: Okay, fine. And now, Commissioners, do you have any changes, corrections, additions to the agenda or any declarations for the consent or summary agendas? We'll start with you, Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you, Chairman Fiala. I have no changes to the regular agenda. As far as the consent agenda, I have no -- nothing to declare on that, and the summary agenda, I have no disclosures for that. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Absolutely nothing. CHAIRMAN FIALA: Good. Commissioner Halas? COMMISSIONER HALAS: I have no changes to today's agenda, I have no ex parte for the consent agenda, and we didn't have anything on the summary agenda. CHAIRMAN FIALA: Thank you. Page 4 February 10, 2009 And Commissioner Coyle. COMMISSIONER COYLE: Nothing from me. CHAIRMAN FIALA: Okay. And I, as well, have no changes, no corrections, nothing to declare on consent or summary. And so with that, commissioners? COMMISSIONER HENNING: Madam Chair, I make a motion to approve today's agenda as amended. CHAIRMAN FIALA: Do I hear a second? I don't hear a second. COMMISSIONER COYLE: I'll second. CHAIRMAN FIALA: Okay. I have a motion. Can you tell me what the amended is? COMMISSIONER HENNING: The amendment is -- MR. MUDD: Changes. COMMISSIONER HENNING: -- the errata sheet, change sheet. CHAIRMAN FIALA: Thank you. Commissioner Henning voted to -- or motioned to accept the agenda as amended, seconded by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you very much. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 10. 2009 Continue Item 100 to the February 24. 2009 BCC meetina: Recommendation that the Board of County Commissioners approves the Wetland Mitigation and Panther Habitat Unit Option Agreement with the Barron Collier Companies and authorizes the Chairman to sign the document. Project #60044. (Staffs request.) Move Item 16A1 to 10F: This item to be heard at 4:30 p.m. Recommendation that the Board of County Commissioners approve having staff advertise and return for the Board's consideration at a future meeting the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for the Special Magistrates role in the imposition of nuisance abatement liens and to incorporate the Board's prior direction as reflected on the attached proposed amended ordinance. (Commissioner Coletta's request.) Item 1606: Under Considerations, the sentence that states: "The Clerks Office has requested that the Agreement be amended to specifically allow for partial or progress payments" with: "The Housing and Human Services Department (HHS) is requesting that the Agreement be amended to specifically allow for partial or progress payments." (Staffs request.) Item 1608: The title refers to a Subrecipient Agreement approved on July 24, 2007 (Item 120). The correct item number is 16012. (Staffs request.) Move Item 16K4 to 12A: For the Board of County Commissioners to approve the Filing of a Foreclosure Action with the Circuit Court of the Twentieth Judicial Circuit to recover three outstanding Code Enforcement Liens presently totaling $517,662.48, regarding the Jerry Blocker and Kimberlea Blocker property located at 1101 Alachua Street, Immokalee, Florida, a/kIa/ Shells Trailer Park Folio Nos. 63864720000, 63864680001 and 63864760002. (Commissioner Coletta's request.) Time Certain Items: Item 9E to be heard at 4:00 p.m. Appointment of members to the Emergency Medical Services Policy Advisory Board. (Commissioner Henning's request.) Item 10C to be heard at 11 :00 a.m. Recommendation to deny the petitioner's request for a reduction of the storage for the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, Project 60001. Item 10F to be heard at 4:30 p.m. (Originally 16A1. See above.) 2/10/20098:38 AM February 10, 2009 Item #2B, #2C, #2D, #2E, #2F and #2G MINUTES FROM JANUARY 7, 2009 - VALUE ADJUSTMENT BOARD HEARINGS WITH SPECIAL MAGISTRATE SCOTT WATSON; JANUARY 8, 2009 - BCC/EDC WORKSHOP; JANUARY 9, 2009 - VALUE ADJUSTMENT BOARD REGULAR MEETING; JANUARY 13,2009 - BCC/REGULAR MEETING; JANUARY 16,2009 - BCC/CRA ANNUAL REPORT WORKSHOP AND JANUARY 20, 2009 - BCC/TDC WORKSHOP- APPROVED AS PRESENTED COMMISSIONER HENNING: Madam Chair, I make a motion that we approve the January 7, 2009, Value Adjustment Board hearing with Special Master Scott Watson, and also January 8,2009, BCC/EDC workshop and January 9, 2009, Value Adjustment Board regular meeting and January 13,2009, BCC regular meeting, in addition to January 16, 2009 BCC/CRA annual workshop, and final, January 20, 2009, BCC/EDC workshop. CHAIRMAN FIALA: Second? COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Henning and a Second by Commissioner Coletta. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Page 6 February 10,2009 CHAIRMAN FIALA: Move to service awards. Item #3A ADVISORY COMMITTEE SERVICE AWARDS: 5 YEAR RECIPIENT - PRESENTED MR. MUDD: Commissioner, we have one advisory committee service award today, and it's, indeed, my pleasure to ask Mr. Steven A. Harrison to come forward for -- he is a five-year recipient and he's worked on the county government Productivity Committee. (Applause.) CHAIRMAN FIALA: Thank you very much. COMMISSIONER COYLE: Steve. CHAIRMAN FIALA: It was fun working with you last year. COMMISSIONER COLETTA: Thank you for five years. CHAIRMAN FIALA: Steve, would you come over here. I have a pin for you. You get to wear this, and we need to take a picture. Thank you. MR. HARRISON: Thank you. (Applause.) Item #4A PROCLAMATION DESIGNATING FEBRUARY AS SCOUTING ANNIVERSARY MONTH. ACCEPTED BY WILLIAM KOCSES- ADOPTED MR. MUDD: Commissioners, that brings us to the proclamations section. Today the first proclamation is designating February as Scout (sic) Anniversary Month to be accepted by William Kocses. Page 7 ~""~-"-''''-~-'--''~-'- ,.. February 10,2009 COMMISSIONER COLETTA: Yes. Good morning. Whereas, the Boy Scouts of America have been in the forefront of installing (sic) timeless values in youth since its founding in 1910; and, Whereas, this national youth movement has made serving others through its value-based program its mission; and, Whereas, the Boy Scouts of America is committed to helping millions of youths succeed by providing the support, friendship, and mentoring necessary to live a happy and fulfilling life; and, Whereas, the Boy Scouts of America, Southwest Florida Council and its cub scout packs, boy scout troops and venturing crews, are celebrating scouting's 99th anniversary in America and the 102nd anniversary of scouting internationally with the theme, 100 Years of Scouting Where Tradition Meets Tomorrow; and, Whereas, there are more than 170 community organizations, 3,800 dedicated volunteers that make scouting available for more than 39,000 youth members in our area who participate in the scouting program as a means of character building, citizenship training, and personal fitness; and, Whereas, the Boy Scouts of America is the largest organization in Collier County providing youth leadership training with over 3,100 youths and 700 adults volunteering, participating; and -- Whereas, the citizens of Collier County express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to America's youth. And now, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that February be designated as Scouting Anniversary Month. Done and ordered this, the 10th day of February, 2009, and signed by our chairperson, Donna Fiala. And I make a motion for approval. COMMISSIONER HALAS: Second. Page 8 February 10,2009 COMMISSIONER HENNING: Second. CHAIRMAN FIALA: I have a motion for approval and a couple seconds here. We'll give Commissioner Halas that second. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Do you have anybody in the audience here? (Applause.) CHAIRMAN FIALA: Sure, absolutely. First we need to take a picture. MR. KOCSES: Thank you. I'djust like to thank-- MR. MUDD: Right there. MR. KOCSES: Right here? MR. MUDD: Either one. MR. KOCSES: Either one. On behalf of Alligator District, which is Collier County, and the Southwest Florida Council, I want to thank the county commission and all our guests here today for recognizing this proclamation, Boy Scouts of America. We were chartered in February 8, 1910, and this is our 99th year. Next year will be a very special year. It will be a hundred years, and there's some big plans going on throughout the United States, throughout our state, and throughout our county for some big things going on. We're hoping for a real big camporee out at the Seminole Indian reservation this next year. Page 9 February 10,2009 Scouting is really made up of about 300 kids here in Collier County and about 600 adult volunteers. We like calling them scouters. And not only the county, but the county employees and the parents that help -- this is such a wonderful program for young men to learn not only leadership, but also leadership with values. So it is a wonderful program. We appreciate your support. I'd like to take a minute to recognize the fact Commissioner Coletta is an eagle scout. He's a past scout master, and the scoutmaster of his troops was for special needs scouts. And he's also currently sitting on Alligator District board helping us today, and I know he's real proud of having a grandson that just joined and started in cub scouting. A lot of the members, including myself, are appreciative of the people we work for here in the county. They really promote us. I work for Jennifer Edwards, the Honorable Jennifer Edwards at the elections office, and she really promotes all of our -- us employees, to get out in the community and serve in a lot of capacities, and I'm thankful for that. Again, I'd like to thank the county commission for this proclamation and their support of Boy Scouts. (Applause.) Item #4B PROCLAMATION RECOGNIZING COLLIER COUNTY'S CODE ENFORCEMENT BLIGHT PREVENTION PROGRAM. ACCEPTED BY MICHELLE SCAVONE AND KIMBERLY BRANDES - ADOPTED MR. MUDD: Commissioners, the next proclamation is recognizing Collier County Code Enforcement Blight Prevention Program to be accepted by Michelle Scavone and Kimberly Brandes. Page 10 February 10, 2009 COMMISSIONER HENNING: I believe we have several employees from code enforcement. I think it's fitting to have all up here. And also the -- we have some -- trying to say -- not community organizers, but task force, community task force members, if you would come up also. Whereas, Collier County is the second in the United States with property in foreclosure process ranking 11 th in the state for foreclosure action, and foreclosure filings in Collier County have increased l18 percent from last year; and, Whereas, Collier County Code Enforcement Department Blight Prevention Program was implemented to address health, safety, and welfare issues, stabilizing property values and property tax revenues; and blight -- or prevention (sic) blight in the community; and, Whereas, the Blight Prevention Program combined efforts and resources from five community task force teams, including the Immokalee Task Force, North Naples Task Force, Golden Gate City Task Force, Golden Gate Estates Task Force, and East Naples Task Force, along with several community task force members, including but not limited to code enforcement, utility enforcement department and environmental protection, solid waste, North Naples Fire Department, East Naples Fire Department, Immokalee fire, pollution control, Domestic Animal Service, Fish and Wildlife, civic association, homeowners' association, Naples Utility, Collier County Health Department, and Naples Chamber of Commerce, and the Collier County Task Force; and, Whereas, the outreach by code enforcement has provided volunteer compliance without enforcement in the efforts of combating blight in the area during these difficult economic times; and -- Whereas, Collier County Code Enforcement Department Blight Prevention Program is responsible to constituent and community concerns on foreclosed homes and taking a proactive approach to provide resources for citizens in need of assistance in the efforts of Page 11 February 10, 2009 maintaining homeownership and keeping properties maintained in an orderly fashion to assist stabling property values. Now, therefore, be it proclaimed by the Board of Commissioners that the Collier County Code Enforcement to be (sic) congratulated and commended for their exemplary efforts in stabilizing property values by volunteer code enforcement compliance in the Blight Prevention Program. Done in this order, 10th day of February, 2009. Madam Chair, I make a proud motion to approve this proclamation. CHAIRMAN FIALA: And I second that motion. (Applause.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: These folks have done so much to help us improve our community, and we're all really, really indebted to them for a tough job that they do so willingly, and with a smile on their face. Thank you. Thank you, everyone. COMMISSIONER HENNING: Would somebody like to say a few words? MS. FLAGG: Commissioner, good morning. Diane Flagg, for the record. Commissioners, Commissioner Henning, we'd like to thank you for recognizing our department members and also the members of the five community task forces. We're dedicated to preventing blight from taking hold of our community and greatly appreciate the support you have extended to the code enforcement Page 12 February 10, 2009 department and also to the valuable members of the five community task force teams here represented by members of the Golden Gate City task force. The agencies of the task force teams includes not only the Sheriffs Office, fire deputies, but also numerous county departments and civic and homeowners associations, and we really appreciate your support, thank you. CHAIRMAN FIALA: Thank you. (Applause.) COMMISSIONER HENNING: Good job. Keep up the good work. CHAlRMAN FIALA: As the audience can tell, we truly appreciate all the hard work that our code enforcement people do within our community. It's not an easy job, and they do it so willingly and with a smile, and we're all grateful and indebted to them. COMMISSIONER HENNING: Madam Chair, this is a result of a public petition from a member of our community, concerns about foreclosures in Collier County and the blight that it brings with it. And our code enforcement reached out to, you know, the banking community and exceeded my expectations about cleaning up properties. So it's a good day. CHAIRMAN FIALA: Thank you for bringing that to our attention, Commissioner Henning. Yes, Commissioner Coletta. COMMISSIONER COLETTA: Yes, I just -- I don't think people realize the reason why we're so excited up here over our code enforcement. We have some of the most compassionate people in Collier County Government working in code enforcement. They have come around over the years being an organization that's looking for compliance rather than enforcement. And I have seen cases where they personally went in and helped to repair damage to elderly peoples' houses to bring them up to code to Page 13 February 10,2009 be able to step in and make the necessary corrections, even on their own. It's a very compassionate group of people, and we appreciate it so much that they work with the public in a meaningful way. Thank you very much. Item #4C PROCLAMATION DESIGNATING FEBRUARY 10,2009 AS SHIRLEE BARCIC DAY. ACCEPTED BY SHIRLEE BARCIC- ADOPTED MR. MUDD: Madam Chair, that brings us to our next proclamation, which is designating February IO, 2009, as Shirlee Barcic Day, to be accepted by Shirlee Barcic. CHAIRMAN FIALA: Thank you very much. Shirlee, would you come up here, please. I know it's embarrassing, but you have to face the audience. MS. BARCIC: They're gone. CHAIRMAN FIALA: Whereas, Shirlee Barcic moved to Marco Island 35 years ago in 1974. She has dedicated an unprecedented amount of those years to volunteerism, giving so much of herself to the community of Marco Island and Collier County; and, Whereas, 15 years ago, Shirlee Barcic became a founding member of the Marco Kiwanis Club and has served three terms as president; and, Whereas, Shirlee Barcic was the founding member of the Naples/Marco Philharmonic, which would later become the nationally renowned Naples Philharmonic Center for the Arts when it started back in 1982; and, Whereas, Shirlee Barcic has organized various fundraising events for the past 10 years to benefit the Pace Center for Girls in Immokalee, Marco Island Charter Middle School, YMCA, and Page 14 February 10,2009 Guadalupe after school and summer programs; and, Whereas, Shirlee Barcic is also on the board of directors of the Marco Island Civic Association, Physicians Regional Healthcare System board of trustees, and the United Arts Council; and, Whereas, Shirlee Barcic has recently -- was recently presented the Jefferson Award by the Naples Daily News and the Scripps Southwest Florida group for her outstanding volunteerism. The Jefferson A ward is presented both locally and nationally and was established in 1972 to create a Nobel Prize for exemplary community and public service. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 10, 2009 be designated as Shirlee Barcic Day. Done and ordered this 10th day of February, 2009, Board of County Commissioners, Collier County Florida, Donna Fiala, Chairman. And, Commissioners, I make a motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Thank you. All those in favor, signifY by saymg aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you. Shirlee, thank you so much for all that you do for our community. (Applause.) MS. BARCIC: I went to your stone crab fest. CHAIRMAN FIALA: I don't know when it is, but I think it's in Page 15 February 10,2009 April. Shirlee, we're going to take a picture with you, and then we'd like to have your family members and people that nominated you to come up as well and take another picture with them. MS. FILSON: She needs the proclamation. CHAIRMAN FIALA: Oh, Shirlee, sorry. Good. Family members and people who nominated her, please come up. Thank you. (Applause.) CHAIRMAN FIALA: Did you want to say a few words? MS. BARCIC: Sure. Just to thank the Board of County Commissioners. This is quite a surprise and quite an honor. And whenever you're doing volunteer work, it's never done by yourself. And ifI didn't have my family, my daughter and my son, my husband, my friends, and the man that recommended me for the Jefferson Award, Van Gates and his lovely wife, Jean -- it's just been such an incredible month that -- you don't go into volunteerism for this type of thing, but it's sure nice when you get it. Thank you very much. (Applause.) CHAIRMAN FIALA: Thank you. Item #4 D PROCLAMATION RECOGNIZING THE HUMANE SOCIETY NAPLES FOR THEIR CONTRIBUTIONS TO COLLIER COUNTY. ACCEPTED BY MICHAEL SIMONIK, EXECUTIVE DIRECTOR. THE HUMANE SOCIETY NAPLES - ADOPTED MR. MUDD: Commissioners, that brings us to our next proclamation. It's recognizing the Humane Society of Naples for their Page 16 February 10,2009 contribution to Collier County, to be accepted by Michael Simonik, the executive director of the Humane Society of Naples. There were some puppies and kitties and stuff, I thought. COMMISSIONER COLETTA: That's absolutely perfect. MR. SIMONIK: We have extras that need to be held. COMMISSIONER COLETTA: Look at these cute little things. I got to read the proclamation. I wouldn't be able to do both at the same time. How are you? COMMISSIONER HENNING: You got one about that size, potty trained? COMMlSSIONER COLETTA: I'd love to, but I got to hold the proclamation. I'll go ahead with this now. Whereas, the Humane Society Naples is Collier County's premier no-kill pet shelter, adoption center, humane animal clinic, and professional dog training program; and, Whereas, it is one of Collier County's oldest private charities that takes in over 1,500 orphaned pets each year and has found loving homes for more than l,500 pets last year and more than 77,000 companion animals since its incorporation in 1960; and, Whereas, it serves as a network resource for pet owners and other area pet rescues as well as promoting responsible pet ownership and pet education, while working to reduce pet population by sterilizing more than 2,000 pets each year; and, Whereas, the Humane Society helps low-income pet owners by providing their pets with low-cost veterinarian service and thoroughly enjoys and appreciates the support of more than 300 volunteers; and. Whereas, the Humane Society is building a 6,000-square-foot addition and renovating their current 6,000-square-feet (sic) facility where they plan to ultimately house approximately 80 cats and 40 dogs; and, Whereas, this new facility will not only increase the organization's capacity to house surrendered pets but will enable the Page 17 February 10,2009 Humane Society Naples to welcome more pets and people into a comfortable and appealing environment, thus increasing adoption; and, Whereas, the Humane Society is planning a groundbreaking ceremony February 26, 2009. And now, therefore, be it proclaimed by the Board of County Commissioners, Collier County, Florida, the Humane Society Naples be recognized for their contribution to the Collier County residents and their pets with -- and with the organization's continued success in providing wonderful services to our community. Done in this -- done and ordered this day, the 10th day of February, 2009. Signed by our chairperson, Commissioner Donna Fiala. And I make a motion for approval, and give me one of the pets. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: I'll second. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Wow. (Applause.) MR. SIMONIK: Good morning, Madam Chairperson and County Commissioners, my name is Michael Simonik. I'm the Executive Director of the Humane Society Naples. On behalf of our board of directors, our wonderful volunteers, many of whom are here today, our donors, our staff, anyone who has ever adopted a pet, anyone who wants to adopt a pet, we appreciate the recognition of Page 18 February 10,2009 what we do for the homeless pets in Collier County and for the families of Collier County. This is what we do. This is a litter of puppies that were born in a shelter, and we brought them in. They're in a foster home. Patty Dunker is the foster mom, the one with two in her arms. They're a mix of Australian cattle dog and Australian shepherd, and we don't know who the dad is. But they'll be available for adoption in three weeks. They're five weeks old today. We also have a little kitten. We get lots of litters of kittens. Kitten season is just about ready to start, and we'll see hundreds of them come in. So we're looking for lots of homes. That's Marky Mark, the little kitten there. He's about ten weeks old. We are a nonprofit, private, no-kill animal shelter, which means we do not receive any money from local, state, or federal government. It is all through private donations of our donors, members, and anyone who supports the Humane Society. We definitely invite all the commissioners personally to come to our groundbreaking on Thursday, February 26th at 5:30. We'll have some golden shovels for you or golden sledge hammers, because we're going to take down the 48-year-old building that's there and put up a state-of-the-art isolation intake ward and quarantine ward for the animals. As a no-kill shelter, we take care of all the animals whether they have medical concerns or not, and everybody stays at the shelter or in a foster home until they find a pertinent loving home. So that we do as a no-kill shelter, and we're proud to be here in Collier County helping with everything you all do, too, with Domestic Animal Services, as well as all the other shelters that work in Collier County, like Friends of Gummy and For the Love of Cats and other people who take care of the animals that are homeless. So we have a lot of organizations in town, but we're still not enough -- helping enough because we still have lots more animals that need homes. Page 19 February 10,2009 And one of the last things I want to say is, please make sure that everyone spays and neuters their pets. While these are cute, we don't need any more. Thank you very much, and definitely appreciate your proclamation today. (Applause.) MR. MUDD: Who has the proclamation? COMMISSIONER COLETTA: Oh, right here. There you go. CHAIRMAN FIALA: Thank you. Item #4 E PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 16 - 23, 2009 AS ENGINEERS WEEK IN COLLIER COUNTY. ACCEPTED BY DAN WATERS, PE, CALUSA CHAPTER PRESIDENT; MARLENE MESSAM, PE, CALUSA CHAPTER VICE-PRESIDENT; ALISON HUBER, PE, CALUSA CHAPTER TREASURER; ALL YSON SWANSON, PE, DIRECTOR, CALUSA CHAPTER WAY & MEANS CMTE., AND RALPH VERRASTRO, PE, CHAIR, CALUSA CHAPTER MEMBERSHIP CMTE - ADOPTED MR. MUDD: Okay. Commissioners, I don't know how we're going to top that one, but the next proclamation is designating the week of February 16th through the 23rd, 2009 as Engineers Week in Collier County, to be accepted by Dan Waters, PE, Calusa Chapter President; Marlene Messam, PE, Calusa Chapter Vice-president; Alison Huber, PE, Calusa chapter treasurer; Allyson Swanson, PE, Director, Calusa chapter Ways & Means Committee; Ralph Verrastro, PE, Chair, Calusa Chapter Membership Committee. Did I get everyone? COMMISSIONER HALAS: Good morning, ladies and Page 20 February 10,2009 gentlemen. It's a pleasure to read this proclamation. Whereas, engineers help to design, construct, and maintain the infrastructure and facilities that contribute to the quality of life for all residents in Collier County; and, Whereas, maintaining the quality of life in Collier County during periods of substantial growth depends on engineers developing innovative, creative, and high-quality solutions to technical problems; and, Whereas, engineers, above all else, in the practice of their profession, hold paramount the safety, health, and welfare of the public; and, Whereas, through the celebration of Engineers Week each year, the Florida Engineering Society and its Calusa Chapter are dedicated to sustaining and growing a dynamic engineering profession by ensuring a diverse and well-educated future engineering workforce and raising public understanding and appreciation of engineering contributions to society; and, Whereas, the Board of County Commissioners wish to recognize and honor those individuals who work and live in Collier County and who practice the profession of engineering in an honorable, responsible, ethical, and competent manner and to recognize and honor these students who have chosen to be educated to follow a career path in -- career path in the field of engineering. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of February 16 through February 23, 2009, be designated as Engineers Week in Collier County. Done and ordered this 10th day of February, 2009, Board of County Commissioners, Collier County, Florida. Donna Fiala is the chair. And Chairman, I'd like to move this proclamation forward. COMMISSIONER COYLE: Second. Page 21 February 10, 2009 CHAIRMAN FIALA: Motion to approve and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you very much. (Applause.) COMMISSIONER HENNING: That and a buck and a half will get you a cup of coffee. Keep up the good work. Things are going to get better hopefully soon. MS. MESSAM: Madam Chairperson, Commissioners, my name is Marlene Messam, and I'm the Vice-president of the Calusa Chapter of the Florida Engineering Society, and I'm also a county employee. And the people you see here with me, of course, Mr. Mudd has said, are members of our board, and we are especially honored to receive this proclamation in recognition of Engineers Week. Thank you again for bringing attention to the many contributions engineers of the past, present and future have made on the development of our infrastructure and quality of life. Indeed, this is one of the highlights of our year, and we are grateful to be so recognized. Thank you. (Applause.) Item #4F PROCLAMATION DESIGNATING FEBRUARY 26, 2009 AS J. DUDLEY GOODLETTE DAY. ACCEPTED BY JEFFREY ALLBRITTEN, PRESIDENT, EDISON STATE COLLEGE Page 22 February 10, 2009 COLLIER CAMPUS - ADOPTED MR. MUDD: Commissioners, the last proclamation is designating February 26,2009, as 1. Dudley Goodlette Day, to be accepted by Jeffrey Allbritten, President of the Edison State College Collier Campus. COMMISSIONER COYLE: Whereas -- whereas, Dudley Goodlette has provided exceptional leadership, loyalty, and dedication to the advancement of the community in education, healthcare, and the arts; and, Whereas, he has served in leadership, philanthropy, and advocacy roles in educational endeavors, including the Edison State College Board Of Trustees, Florida Gulf Coast Foundation Board of Directors, and the Southern Strategy Group; and, Whereas, J. Dudley Goodlette forged strong bonds with members of the community by serving as president of the Greater Naples Area Chamber of Commerce and the Collier County Bar Association, chairman in Naples -- chairman of the Naples Community Development Advisory Board and the Collier County Economic Development Council; and, Whereas, he has provided excellent legislative services as a members of the House of Representatives and has served on committees such as the 20th Judicial Circuit Judicial Nomination Commission, Florida Bar Board of Directors, Civil Justice Committee, Domestic Security Committee, and the Prekindergarten through 12 Committee; and, Whereas, for his outstanding contributions and dedication for the advancement of the youth, he has been inducted into the Southwest Florida Junior Achievement Business Leadership Hall of Fame, received the Man of the Year Award for the Boys & Girls Club, and Southwest Florida Council to the Boy Scouts of America's Distinguished Citizen of the Year Award; and, Page 23 February 10,2009 Whereas, due to the tireless hard work, commitment, and devotion, J. Dudley Goodlette received the Naples Daily News Citizen of the Year Award, the Economic Development Council of Collier County Outstanding Volunteer of the Year, David Lawrence Beautiful Mind, Beautiful Heart Award, and the Gulfshore Life Men of the Year; and, Whereas, he currently serves on the Florida Chamber of Commerce Board of Directors, is an active partner of the law firm Goodlette, Coleman, Johnson, Y ovanovich & Koester, P A; and, Whereas, the Board of County Commissioners is pleased to offer a special tribute to 1. Dudley Goodlette, whose vision and effort on behalf of Collier County merit the recognition and gratitude of our citizens. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Thursday, February 26,2009, be designated at 1. Dudley Goodlette Day. Done and ordered this 10th day of February, 2009, Board of County Commissioners, Collier County, Florida, Donna Fiala, Chairman. Madam Chair, I make a motion we accept this proclamation. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a motion and second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) (Applause.) Page 24 February 10,2009 MR. ALLBRITTEN: Thank you, Commissioners. I'm glad I'm not following the puppies. While I appreciate you doing this for Dudley, we're going to be honoring him this year at the Seventh Annual Edison State College Holland T. Sally Life Award, which is a leadership in fostering education. It's on the 26th of February, so we'd be presenting him that day and honoring all the work he's done in advancing education in this community. Thank you very much for this. CHAIRMAN FIALA: Twenty-sixth is going to be a busy day. MR. ALLBRITTEN: It's going to be a busy day. Thank you. CHAIRMAN FIALA: Thank you. (Applause.) Item #5A RECOMMENDATION TO RECOGNIZE ROBERT DENNISON, PLANT MECHANIC, WASTEWATER DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR JANUARY 2009- PRESENTED MR. MUDD: Commissioners, that brings us to our presentation portion of the agenda. The first presentation is a recommendation to recognize Robert Dennison, Plant Mechanic, Wastewater Department, as Employee of the Month for January 2009. Robert, could you come forward, please. Robert Dennison, Plant Mechanic, has been nominated as Employee of the Month for January, 2009. Robert has been an employee of Collier County and the wastewater department since 1989. He is an instrumental team member at the South County Water Reclamation Center who contributes greatly to its efficient operation and maintenance. Page 25 February 10,2009 Robert is a top performer when it comes to productivity at the facility. He makes sure to get the job done right the first time. Robert uses his years of experience in the wastewater maintenance and operation field to know what works and what doesn't. He makes decisions that reduce equipment down time as well as operational and maintenance costs. He is often able to complete jobs in-house instead of using outside vendors. There are many examples of this over the years. Some of these include designing and building a baffle system for the mixing tubes and the chlorine tanks and building a cleaning device for the floors of the tanks. This device is able to clean the floors without taking the tanks out of service. It also limits the needs for harsh and expensive chemicals. These are just a couple of instances where Robert has gone above and beyond for his department. He is truly deserving of this award. Commissioners, ladies and gentlemen, I'd like to present to you Mr. Robert Dennison, Plant Mechanic, Wastewater Department, Employee of the Month of January, 2009. (Applause.) CHAIRMAN FIALA: Robert, here's a plaque from the county to you. Please put it up proudly. We have a little check for you and a little note from me. Thank you very much for all your service. Thank you. (Applause.) COMMISSIONER HENNING: Keep up the good work. COMMISSIONER COLETTA: Thank you for your time and effort. MR. DENNlSON: Thank you. (Applause.) MR. DENNISON: I'm sorry. MR. MUDD: That's okay. And that didn't hurt a bit. Page 26 February 10,2009 Item #5B PRESENT A TION BY KRAFT CONSTRUCTION ON THE CONSTRUCTION STATUS OF THE NEW COURTHOUSE ANNEX - PRESENTED BY PETER TUFFO MR. MUDD: Commissioners, the next presentation is by Kraft Construction on the construction status of the new courthouse annex. MR. JONES: Good morning, ladies and gentlemen, Commissioners. For the record, Hank Jones, Department of Facilities Management. It's my pleasure this morning to introduce Mr. Pete Tuffo, Vice-president of Kraft Construction. He's going to give you a brief update on the status of the new courthouse annex. Peter? MR. TUFFO: Thank you, Hank. Good morning, Commissioners. Today I'd like to talk to you about the last 21 months of my staffs life in building the courthouse annex that you see outside your window. First off, the first slide is going to show the project staff, and I can tell you they are currently working nights and weekends as we do the turnover and tie-in to the existing facility to make sure that we do not interrupt the court functions. To date we have had minimal complaints, and it's going very well as far as the court dates between the buildings. March of 2007, as you can see, we have taken down the old atrium. We've cleared the site, we have relocated a bunch of existing utilities, put together a survey so the next time this happens we'll know exactly where everything is. So the first open space, we moved the utilities -- the first quarter, moving utilities, getting the atrium docked, and getting ready to go Page 27 February 10,2009 vertical. This next slide takes you to June. As can you see, the pilings are in the ground, the pile caps are nearing completion, and the first floor columns, which were substantial -- I believe they're 19 feet floor to deck. The first floor columns are going up and we're beginning to go vertical. Next it takes us to September of2007. As you can see, we are now pouring the second portion of the third floor deck. We are basically pouring a floor about a month (sic), but we have a pour every seven to eight days, pouring the building out in thirds. And the project is moving along at a very good pace. In December, we had met our goal. Our goal was always to have the building topped out by December of2007. We did meet our goal. I believe on the picture we're showing there we are getting ready to pour the last portion. That is the roof deck now, the seventh floor deck. The tower crane is in place. We have begun the MEP overhead rough-ins on floors two through seven and basically getting the interior process as we're closing out the structure. In March of 2008, you can see the precast along the building is nearing its completion. On the back side it's not complete, but we have started putting the precast up. We have also started putting in some of the windows, getting ready to dry-in the building. And on the back side, I believe -- it's not shown in the photo -- we are also working on the atrium, starting to put the new structural steel up there. In June of2008, we are beginning to install the glass, the dry-in process is in place, we had already replaced the existing roof of -- the roof on the existing courthouse. Weare starting the roof process on the courthouse and, again, moving along as scheduled. Window frames are going in, as well as interior metal framing basically determining the spaces on each floor. In September of 2008, as you can see, the precast is actually Page 28 February 10, 2009 complete. The glass is nearing its completion. The glass was an issue, but we did overcome that issue. The HM stairway or stairway was installed. That was a key milestone for the job as far as moving the atrium forward. That was actually met, and we have also started tying in the two buildings doing some interior demolition. Nights and weekends, again, to make sure we do not interrupt court functions. In January of2009, as you can see, it's -- this picture, I believe, is actually three weeks old. Glass is installed. You have the sun shades along the exterior. The interior finishes of the building on floors two through seven are nearing their completion. We're actually in the punch-out process, working with your staff as well as the architect in making sure that the building meets the level of quality that we're accustomed to. That basically takes us through where we are now. Just some interesting facts on the job. Hank, if you could click over. Interesting facts on the job. To date -- and this is something we track as a company for productivity and then making sure that we can meet schedules. But to date, we have had 330,2l9 manhours worked on the project over the past 20 months. We average roughly, depending on the phase of construction, anywhere from 70 to 120 employees a day going in and out of campus. And, again, I believe the safety and security and keeping our people separate from your staff has worked out very well over the past two years. Again, 510 tons of reinforcing steel in the deck and roughly 4,000 cubic yards in the structure itself. Just, most importantly, the project is on schedule and it is within budget. Weare scheduled to have substantial completion the month of March, and I believe you are beginning to move in the month of April. A few interior photos. Here's the ticket counter for ticket Page 29 February 10,2009 collecting. Basically the cashiers and work stations area. The next picture, that's a typical floor. Once you get above the third floor, typical floor open. As you can see, the interior walls are radius, so it does create a very nice atmosphere for the property. The last picture is the brick pavers actually just outside the front entry . We're working right now to finalize the last bit of site work, and landscaping will begin so we can be out of here in the next 30 days. Also, that's the front portion of the building. Working there to put the bus station, get landscaping in, get that cleaned up and make it look presentable. We are also working on finalizing all the work that needs to take place on the road between the courthouse and the parking garage. That will take place in the next two weeks. That is a picture -- I believe that picture's probably a couple days old. That is the current walkway going into the new atrium. Very nice space. With that, I'd like to turn it over to any questions that you guys may have. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I'd just like to say that your firm has done an outstanding job in building this thing, this annex to the courthouse. I'm looking forward to the day that we cut the ribbon, and I hope that there's an open house so that the citizens of the county can go down here and get an idea of what we've accomplished here. And I'm sure that the new occupants, the judges that are going to be here in residence, I hope they appreciate all the time and effort that your corporation has put into this. I know that I'm very proud of what's been accomplished here in the short period of time that the -- when you started. And I've been in there once, and I'm looking forward to going back in there when it's getting close to being finished. Thank you. MR. TUFFO: Thank you. Page 30 February 10,2009 CHAIRMAN FIALA: Thank you, Commissioner Halas. Commissioner Coy le? COMMISSIONER COYLE: Yeah. I would like to add my thanks for ajob well done. Adding a building of this size and in the middle of a government complex without disrupting our operations is a -- is a very difficult task, and Kraft Construction has handled it in a very efficient and professional manner. I appreciate what you've done. It's a credit to you and your organization. Of course, I have to say it's not unusual where Kraft is involved. Almost all the projects you've done for us have been on budget and on schedule. Thank you very much. MR. TUFFO: Thank you. CHAIRMAN FIALA: And I'd like to emphasize that this building has kept a lot of people working in these times when times are tough. And why? Because it was built with impact fees. Had we not been collecting impact fees, we wouldn't have been able to build this building. Just like to emphasize that. Thank you. COMMISSIONER COYLE: Let's build another one. CHAIRMAN FIALA: Pardon me? COMMISSIONER COYLE: Let's build another one. CHAIRMAN FIALA: I think we're running out of impact fees. MR. TUFFO: Thank you. CHAIRMAN FIALA: Thank you very much. Item #9 A RESOLUTION 2009-32: APPOINTING GEORGE J. WILDER, JEREMY STERK AND THOMAS SOBEZAK TO THE LAND ACQUISITION ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioners, that will bring us to Board of County Commissioners paragraph, Paragraph 9. Appointment of Page 31 February 10,2009 members to the Land Acquisition Advisory Committee. COMMISSIONER HENNING: Motion to approve committee's recommendations. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion to approve the committee recommendation and a -- by Commissioner Henning, and a second by Commissioner Coletta. All those in favor, signifY by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #9B RESOLUTION 2009-33: APPOINTING MARTIN F. KLINGENBERG (AS THE ALTERNATE), ROBERT F. KAUFMAN (CURRENT ALTERNATE TO REGULAR), RE- APPOINTING GERALD 1. LEFEBVRE AND RE-APPOINTING LARRY DEAN MIESZCAK TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, 9B, appointment of members to the Collier County Code Enforcement Board. COMMISSIONER HENNING: Question? CHAIRMAN FIALA: Yes, sir. COMMISSIONER HENNING: Were these positions advertised? I see that one member wants to be appointed to a full-time Page 32 February 10,2009 member, not an alternate. MS. FILSON: Yeah. They were advertised, and he submitted an application to become a regular member. If he becomes a regular member, then the other -- the Klingenberg applicant would have to be appointed as the alternate. COMMISSIONER HALAS: Motion to approve. CHAIRMAN FIALA: What would you like to approve, Commissioner Halas? COMMISSIONER HALAS: The -- that -- the person that is requesting to be full time -- MS. FILSON: Robert Kaufman. COMMISSIONER HALAS: -- who is now temporary to be put on this full time. CHAIRMAN FIALA: Okay. So that's Mr. Kaufman? COMMISSIONER HALAS: That's correct. COMMISSIONER COYLE: And I'll second. I presume that also means that Mr. Klingenberg will be the -- COMMISSIONER HALAS: The alternate. COMMISSIONER COYLE: -- the alternate. MS. FILSON: Correct. COMMISSIONER HALAS: That's correct. COMMISSIONER COYLE: I will second it. CHAIRMAN FIALA: Okay. And did you also want to confirm Gerald Lefebvre and -- COMMISSIONER HALAS: That's correct. CHAIRMAN FIALA: -- and Larry Dean? COMMISSIONER HALAS: Correct. CHAIRMAN FIALA: Okay, thank you. So I have a motion to approve, and I just outlined what it is, so I don't have to repeat it. That's Commissioner Halas, a second by Commissioner Coyle. Any discussion. Page 33 February 10,2009 (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSlONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #9C RESOLUTION 2009-34: APPOINTING MICHAEL F ACUNDO AND JAMES I. WALL (TO FULFILL REMAINDER OF THE VACANT TERMS EXPIRING ON APRIL 4, 2011) AND EDWARD "SKI" OLESKY (W/WAIVING SIMULTANEOUS SERVICE ON MORE THAN TWO COUNTY BOARDS) TO FULFILL THE REMAINDER OF A VACANT TERM PLUS A 4 YEAR TERM EXPIRING ON APRIL 4, 20 l3 TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPTED MR. MUDD: Commissioner, that brings us to 9C, appointment of members to the Immokalee Enterprise Zone Development Agency. COMMISSIONER COLETTA: Motion to approve the committee recommendation of Michael Facundo. COMMISSIONER COYLE: Second. MR. KLATZKOW: You need a waiver for Mr. Olesky. COMMISSIONER COLETTA: Okay. Ski Olesky is a waiver, and James Wall. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Page 34 February 10,2009 Coletta and a second by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #9D RESOLUTION 2009-35: APPOINTING PAMELA 1. BROWN TO THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to 90, appointment of a member to the Immokalee Master Plan and Visioning Committee. COMMISSIONER COLETTA: Motion to approve Pamela Brown. COMMISSIONER HENNING: Second. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Motion to approve Pam Brown, second -- by Commissioner Coletta, second by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Page 35 February 10, 2009 Item #9F CONSIDERATION OF THE REQUEST BY THE PRODUCTIVITY COMMITTEE (7-3) THAT THE BOARD OF COUNTY COMMISSIONERS RECONSIDER THEIR DIRECTIVE THAT PRODUCTIVITY COMMITTEE MEETINGS BE RELOCATED - MOTION FOR MEETINGS TO REMAIN IN THE COUNTY MANAGER'S OFFICE AND NOT BE TELEVISED- APPROVED MR. MUDD: Commissioners, Item 9E is time certain, four p.m. Brings us to 9F, consideration of the request by the Productivity Committee, 7-3, Board of County Commissioners reconsider their directive that the Productivity Committee be relocated. Commissioner -- and this is Commissioner Coyle's. COMMISSIONER COYLE: Madam Chair, as the liaison to the Productivity Committee, the Productivity Committee has asked that I bring this up for your consideration. The committee has -- the Productivity Committee feels that having the meetings, having their meetings televised will inhibit their free flow of ideas and will not result in the most efficient use of their meeting time. So they would ask that the board reconsider the directive that the Productivity Committee meetings be relocated to another room, another meeting area, so that it could be televised. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: The -- you know, in these tough economic times, boy, it should be nice to emphasize what the Productivity Committee is doing by having it on TV. I thought it was prudent direction at our last meeting. That's my only opinion. But whatever the majority wants to do. CHAIRMAN FIALA: Commissioner Coletta. Page 36 February 10,2009 COMMISSIONER COLETTA: Yes, I agree with the recommendations of the -- I'll tell you why, with the Productivity Committee. They're an independent group of people that volunteer their time. We can't force them to do anything, but their services to this county have been absolutely remarkable and guided us along the way. These are people that are not politically motivated. They're not looking for the limelight, and that -- I go along with their recommendations. CHAIRMAN FIALA: So do I hear a motion? Commissioner Coyle? COMMISSIONER HALAS: Want to make a motion? COMMISSIONER COYLE: I would prefer not to make a motion because I promised the Productivity Committee that I would bring it to the Board of County Commissioners to get a sense of the county commissioners' position. COMMISSIONER HALAS: Okay. I'll make the motion then that the board of -- or the Productivity Committee remain as it is at the present time where the -- we will not televise their proceedings, and I guess they can -- they would like to move to another room; is that correct? COMMISSIONER COYLE: No, they don't -- I don't think they want to move to another room. COMMISSIONER HALAS: Okay, all right. COMMISSIONER COYLE: They-- COMMISSIONER HALAS: Basically what you're saying is they want to stay status quo where they are right at the present time? COMMISSIONER COYLE: That's essentially what they're saying they would like to do. COMMISSIONER HALAS: Okay. That's my motion. Stay status quo. COMMISSIONER COLETTA: I'll be happy to second that Page 37 February 10,2009 motion and also mention the fact that their meetings are open to the public, and anyone that wants to attend can. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Halas to keep the Productivity Committee meeting in the same place that they have been meeting, and I have a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That is a 4-1 vote. Thank you. Item # lOA REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS ADOPTS THE COLLIER COUNTY TRANSPORTATION IMPACT FEE UPDATE STUDY (STUDY) DATED DECEMBER 2008 AND DIRECTS STAFF TO BRING BACK AN ORDINANCE AMENDING SCHEDULE ONE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) PROVIDING FOR THE INCORPORA nON BY REFERENCE OF THE STUDY. ALSO, THAT THE BCC REVIEWS THE FISCAL ANALYSIS AND ADDITIONAL DATA REQUESTED DURING THE JANUARY 13,2009 REGULAR MEETING AGENDA ITEM #10C AND DIRECTS STAFF TO ADOPT THE APPROPRIATE IMP ACT FEE Page 38 February 10,2009 RATE SCHEDULE AND PAYMENT SCHEDULE - MOTION TO APPROVE IMPACT FEE UPDATE STUDY, LESS THE TRIP LENGTH STUDY, AND STAFF TO RETURN WITH REPORT ON IMPACT FEE INDEXING - APPROVED MR. MUDD: Commissioners, that brings us to the long-awaited presentation by Mr. Norman Feder, and it's lOA. It's a request that the Board of County Commissioners adopts the Collier County Transportation Impact Fee Update Study, the study dated December, 2008, and direct staff to bring back an ordinance amending Schedule 1 of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance providing for the incorporation by reference of the study, also that the BCC reviews the fiscal analysis and additional data requested during the January 13, 2009, regular meeting agenda, Item 10C, and direct staff to adopt the appropriate impact fee rate schedule and payment schedule. Again -- Norman, you've changed. I'm sorry. Mr. Nick Casalanguida, your Director of Transportation Planning, will present. MR. CASALANGUIDA: Thank you. Good morning. For the record, Nick Casalanguida. Commissioners, you brought up some good questions at the last meeting regarding impact fees. You had us go through and meet with the industry, review the fiscal analysis, and come back to you with some ideas and some numbers to kind of give you a feel for what's going on out there. We've gone through our five-year eIE, and that's coming up to you in March for review as well, too. We looked at our construction cost estimates, our program, and determined what kind of fiscal impact it would have if we adopted the Productivity Committee recommendation. You're looking anywhere between 5- and $6 million less Page 39 February 10,2009 annually, and we've kind of outlined what that would mean in terms of if you wanted to maintain the CIE, what it would do to the general fund, or we would have to supplement that CIE funding to make that happen. We've looked at what's out there for units, pending invested, and we've talked to some of the industry. As you can tell in the executive summary, there's a significant amount of dollars that's committed to be paid. And then more importantly, you've asked us to kind of get with the community, development community especially, and to determine what could be done besides, you know, determining what the rate would be, but how you pay that that might benefit them as well, too. In that we found some interesting discussions. I'm going to put on the viewer a couple of examples, and I would like to walk you through them because the examples will tell you a lot. I have copies for you individually if you'd like, or we can just kind of use the viewer. If you want me to pass this out to you, I can. It's a little easier to read. COMMISSIONER COLETTA: Thanks, Nick. MR. CASALANGUIDA: You asked us two questions with respect to impact fees. One of the questions was, if we adjusted the payment schedule on the back end or talking to the development community, what it would do to our program and what it would do as a benefit to them, so we looked at them. What we found is that typically in your payment plan right now they pay 50 percent down of the then-anticipated impact fees on the plat and then pay the second 50 percent three years later. What we're proposing is that we break that up into five equal payments, and they are fixed payments. So if you look at the example of a new project, a hundred-unit platted subdivision with a million dollars of anticipated road impacts, upon approval of the plat, they would put $200,000 down and provide surety for the next years' Page 40 February 10,2009 payment. With the five-year payment plan, it does not change if fees go up. Currently they pay 50 percent down, which is a half a million dollars, and then in the following three years, they would pay the then new rate, which could be as much as $750,000. So there's a big disparity in that -- in that third year as to what they propose to pay under the new program and what they currently pay. By breaking down the payments into four equal payments, they get the surety of knowing what that number's going to be. It's fixed. And then we can count on a five-year plan, because our CIE works on a five-year system as well, too. In working on capital programs, we look at a five-year window as well. They would get a credit for any amount that they've built. In other words, if they've built 30 homes in any given year, they would get a credit for those impact fee credits that were paid so that if in the next year they had a payment due, that credit might offset that payment until the following year. Then you have the problem of existing projects. And if you look at the second page under existing projects, right here, under the proposed environment as I've just discussed, they would pay the second half plus any increases, so they could pay as much as $750,000 under that scenario. What we're proposing now is that we take that same payment, that five equal payments and go back to what they paid on the first year, that -- in the first rate, which is the million, 10 percent over five years, they would pay a hundred thousand dollars a year for five years, and that would vest them as well, too. Now, again, they would still get the credit for any homes that they built in any given year because we're collecting those impact fees as they come in. They would always pay the final given rate of the impact fee upon building permit. That doesn't change, because that is your GMP; growth pays for growth at the rate that we experience the Page 41 _,. "~__,_, .'"'_.e~"_~..~_~_'__"'__"_ ,.-_.._____~,.____._,~.~,__.,.__.,._.__ February 10,2009 cost to build our roads. It's just how they pay as opposed to what they pay. And in talking to the industry, we talked to a couple of the attorneys, a couple of the building groups, and a couple of the engineers that do the planning for them, and they've all supported this idea. We think it can work with our five-year CIE. The caution that we have is it may back-end your program or it may cause you to borrow the paper -- the commercial in advance if you wanted to keep the projects on schedule, because you're pushing out those payments more over time than the second half is due. In the executive summary you saw that there was about $14 million outstanding. Some of these folks can't afford to pay the second half right now as they sit, so we wouldn't be collecting those funds as it sits right now. Under both scenarios, they each get locked in and they're vested. And in the scenario we're talking about right now, the proposed scenario, at any point in time if they pay 100 percent of the impact fees that were proposed upon day one, they would lock in their vesting in perpetuity. So we think it's fair with the development community, they've supported it, and we think it's a way that we can work together to offset the system that we have right now in terms of when they pay. You've also asked, Commissioners, to look at, especially Commissioner Coyle, what we could do on roads that have capacity. As part of the executive summary, we made a couple notes on that. It would be problematic to do because there's a lot of intangibles. When you look at our current GMP, we have a 2 percent, 2 percent, 3 percent threshold requirement on impacts for transportation projects. So you start trying to figure out what those impacts are on projects on adjacent links that may have capacity, that don't have capacity. You also run into a problem where a developer could, on a road that has plenty of capacity, plat a large subdivision and not pay Page 42 February 10,2009 anything up front and then lock in that capacity in that road. So what I've kind of said in the executive summary is if you want us to look into this farther, it's going to require a lot more detail and sitting down with the development community and maybe even a workshop with the board, because there's so many intangibles that the logistics of doing something like that might be more difficult than originally thought. That said, you have in front of you a proposal for a five-year payment plan, and we're recommending that you adopt the current rate study. You had discussed the trip length study as something you'd want to maybe consider for a later time. We think we've done a good job with the trip length study, but we only had four data points, and we could take more data points over time if that was the board's direction. With that, I'll answer any questions you may have. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I read the summary that was given to us. I'm concerned, what obligations do we presently have for development agreements to meet any criteria? Do we have any at this point in time? MR. CASALANGUIDA: OCAs, developer contribution agreements? COMMISSIONER HALAS: Yes. MR. CASALANGUIOA: We do. We have several developer contribution agreements, some for impact fee credits, some to pay impact fees in advance. COMMISSIONER HALAS: Do we have any that we have to build roads for? MR. CASALANGUIDA: No, sir. They're -- well, Oil Well Road project. That would be the one. No other ones other than Oil Well Road. We have projects where the developer would be building the roads. Page 43 February 10,2009 COMMISSIONER HALAS: And what is our obligation as far as when this -- when is the start time for building this Oil Well Road? MR. CASALANGUIDA: It's supposed to have been about a year ago, about a year or two ago, sir, but it's pending permits. So as soon as those permits are completed, we're supposed to begin the project. COMMISSIONER HALAS: And if we push back the impact fees, how are we going to meet the fiscal responsibility for this? MR. CASALANGUIDA: I don't think it's as much you're pushing the impact fees back as you are balancing. The issue right now is, on the second half payments particularly, they don't have the money to pay that in my example of$750,000. Most developments are coming to us right now saying, I don't have the money to pay that large sum. I can't pay it. What happens next? COMMISSIONER HALAS: So can we -- if that's the case, do we have the ability to not meet that requirement, that obligation, for the DCA if we don't have the money in the bank to build this Oil Well Road? MR. CASALANGUIDA: What we've agreed to do -- and we have a significant amount ofthose funds already set aside. What we've agreed to do as working with Ave Maria and the DCA, is that we will build as much as we have funded and available to build, with our priority being the west section that's currently where the schools are, there's a two-lane road going one or two miles east to Everglades; and then the remaining dollars we currently have, we will let that project on the east side to fit that budget. COMMISSIONER HALAS: So to recapture what we've just discussed, you're saying that we could set up an agreement whereby the impact fees would only have to be paid 20 percent for each year for five years; is that correct? MR. CASALANGUIDA: That's correct. Page 44 February 10, 2009 COMMISSIONER HALAS: And we would still meet the obligations that we have promised for DCA requirements; is that correct? MR. CASALANGUIDA: That's correct. Now, I've got to caveat that. If the planet falls into a tailspin of fiscal environment, a year from now nothing comes in, that could be a different story. But assuming that our revenue stream stays stable to what we've seen the past six months to a year, we could probably maintain that schedule as we would described it in the CIE. COMMISSIONER HALAS: And what happens if it gets into a worse situation as far as people making those obligations of20 percent? Where does that put us as far as being fiscally responsible for meeting the obligations that we've promised? MR. CASALANGUIOA: If the second 20 percent or continuing payments are not made, then we would take the existing funds we have now, any commitments to funds to borrow, and do as much as we could as far as our project's concerned. COMMISSIONER HALAS: Okay. MR. CASALANGUIDA: The good part is, is we do an AUIR and CIE every year, so we always take a sample. They're usually about six months apart, so you get a pretty good update of the revenue environment, our cost projections every six months or so. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay. I have three commissioners waiting to speak, but we have two speakers. I'd like to hear the speakers, and then we'll move forward. MS. FILSON: First speaker is Chris Hasty. MR. HASTY: Hasty, yes. MS. FILSON: He'll be followed by Rich Yovanovich. MR. HASTY: Good morning, Madam Chair, Commissioners. I'm Chris Hasty, for the record, from Estero. I'd like to take this opportunity to speak on behalf of Oivosta Page 45 February 10, 2009 Homes, Del Webb, and Pulte Homes. We believe that the staff has done an excellent job in creating a viable alternative to the current impact pace -- impact fee pay schedules while both maintain the integrity of the capital improvement plan and also providing some relief to the development community. We fully support adjustments to a five-equal-payment plan, and this adjustment will also -- it will improve our development cash flows while helping us to maintain the doors open and sales in those communities. Our company, Divosta, Del Webb, and Pulte, we do have eight projects across the county. We've got Milano and Verona Point to the north side of the county, Verona Walk on the south side, Twin Eagles and Orange Blossom out towards the Oil Well, and then we have four communities in Ave Maria, so we're pretty-well spread out across the county. And as I said, this will improve the cash flow in each of those communities by allowing -- and it will help us keep those doors open, continue sales, and hopefully get through this downturn quicker. Thank you. CHAIRMAN FIALA: Thank you. Next speaker? MS. FILSON: Rich Yovanovich. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of Toll Brothers. Not to repeat what Chris just said, but the same is true for Toll Brothers. As you know, the original schedule was set up with 50 percent up front and 50 percent -- and with the third year, back when, you know, there was a -- quite a rapid pace for absorption in Collier County, we've seen that that has slowed dramatically and has had quite an effect on the entire community. So it's really a cash-flow issue. And what staff is proposing from a cash-flow perspective is helpful to Toll Brothers. They have one Page 46 February 10,2009 project still, it's the old movie -- drive-in movie theater or Cook parce 1. It's doing well but not as well as had been originally anticipated with the old schedule. This schedule works from a cash flow perspective, helps the county stay on task and track to fund its improvements while at the same time allows the project to continue to go forward and to continue to operate and hopefully sell out at some point and keep the community going, and it's obviously good for the community as far as getting the roads built as well, and we see this as a win-win for the development community as well as for transportation and Collier County. CHAIRMAN FIALA: Thank you, Rich. Were you next, Commissioner Coyle? COMMISSIONER COYLE: Yes. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Madam Chair, I would just like to very briefly recap what we asked the staff to do, and then I would like to suggest a course of action. But we asked the staff to take a look at whether we should go with the current impact fee study with the trip-length update which would have increased impact fees; we asked them to take a look at the impact fee study without the trip-length change, which will decrease impact fees; and we asked them to take a look at the Productivity Committees' recommendations and look at all those from the standpoint of financial feasibility. And what they have said to us in this report is that the Productivity Committee's recommendations will probably result in us not having sufficient money to meet our Capital Improvement Element obligations of the Growth Management Plan. It will put us in jeopardy. Ifwe go with the current update with or without the trip-length change, we can meet our requirements. I think that's an accurate Page 47 February 10,2009 statement. Have I summarized essentially what you've said? MR. CASALANGUIDA: Yes, sir, you have. COMMISSIONER COYLE: Okay. Now, to give the board-- I've asked the staff for some additional information. To give the board an understanding of what that really means is, if we include the trip-length study, residential -- residential impact fees are going to increase by 3 percent on average, and commercial will decrease about 15 percent. Ifwe go without the trip-length study, that is, keep the trip-length calculations exactly the same as they were during the last update, we will be reducing residential impact fees by 6 percent on average and reducing commercial impact fees by 18 percent on average. So the elimination of the trip length itself does achieve a 6 percent and 18 percent decrease in residential and commercial impact fees. So 1 would like for us to proceed to give the staff guidance to use the same trip-length study that we used last time to achieve a reduction in impact fees which will keep us financially responsible and able to proceed with our capital improvement element as it's currently defined, but to also continue their evaluation of the phased payment of impact fees so that we can, perhaps, encourage some improvement in the overall economy in Collier County. But -- now, that's my summary and a suggested course of -- course of action. COMMISSIONER HENNING: Second. COMMISSIONER COYLE: Okay. Now, I'd like -- okay, that is a motion then. Now, let me ask -- can we have discussion now, Madam Chair? CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Okay. There was one other thing that we discussed at the Productivity Committee, maybe a couple of other things. Now, do you have a linear regression analyst expert here? Page 48 February 10, 2009 MR. CASALANGUIOA: I do not. Mr. Oliver did not -- Tindall did not attend this meeting. COMMISSIONER COYLE: Okay. It's been a long, long time since I've worked with linear regressions, but let me tell you what my gut feel tells me. If a linear regression was used, it's going to prohibit the recent data which suggests lower costs from having much of an impact on the final result, particularly if the linear regression analysis uses data over, let's say, a five- to seven-year period. If it's a nonlinear regression analysis -- if it's a nonlinear regression analysis, then it is likely to minimize that adverse impact I just described, but it still isn't going to show much of a downtrend in impact fees until there is more years of data at a lower cost. So what we -- what I thought I heard was a commitment to take a look at our formula to see if we could have that formula adjusted so that it can begin to trail off more rapidly during periods of economic decline and, therefore -- therefore, lower costs of construction of infrastructure. MR. CASALANGUIDA: Let me just make sure I clarify something. You're talking about maybe more indexing where we're working right now with the Productivity Committee. COMMISSIONER COYLE: That's right, because -- because what I'm -- what I want to do -- well, I'd like to do, I'd recommend that we do, is that our indexing should have an influence on the other impact fees. We're talking about transportation impact fees only here. Now, our efforts on transportation are going to be for no reason at all. It will have no effect if the impact fees for all the other categories go up, right? MR. CASALANGUIOA: I understand what you're saying. COMMISSIONER COYLE: Okay. Now, if the impact fees for all the other categories actually follow the economy and the cost of infrastructure development more closely, then we not only will see a 6 percent and an 18 percent decline in impact fees for residential and Page 49 February 10, 2009 commercial for transportation, but we will see similar declines in impact fees for the other categories of infrastructure. And taken in the aggregate, it can mean a significant benefit while still maintaining our ability to build the infrastructure. MR. CASALANGUIDA: Just for a point of clarification. I've almost become a psuedo expert on transportation impact fees. We've done a hard analysis study, what I call a hard study for transportation. Your discussion, I think, leans towards what the Productivity Committee and our consultant, Steve Tindale, will work with Amy's office on the other fees and transportation when we index. COMMISSIONER COYLE: Yes. MR. CASALANGUIDA: But for this discussion today -- COMMISSIONER COYLE: It is only transportation fees and it is only this particular study. MR. CASALANGUIDA: Yes. And this study was a hard study; in other words, we didn't index anything on this study. It's -- we took actual data points and said, these are our actual costs. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: But I understand where you're going, and I think we are working with that. Maybe Amy wants to touch on that a little bit. MR. MUDD: Commissioner, I believe -- and I'm not Amy, but come on up, Amy. But what I will say to you is, you basically smooth your impacts if you take it over a longer period of time, and I believe that's what you're saying. What I will tell you is, if you go to a three-year or smaller, that will help. I would -- I would want staff to come back after Mr. Tindale does -- and does some analysis. And the reason I want to come back and talk to you about it is, you have a requirement to do a study for impact fees every three years, and you index in the in-between years. Right now we have impact fee studies on the books for '09 that will cost us close to Page 50 February 10,2009 $450,000. I believe this particular change that the board would like would help us not to have to go through that kind of study in order to spend that kind of money. So I would like to get that back from Amy and then from Mr. Tindale and come back to the board at a meeting soon as to kind of give you an idea of what that impact will have about where we sit on the other categories of impact fees if that's the board's desire. COMMISSIONER COYLE: Okay. MR. MUDD: So outside the motion, I'd like to come back and have the board -- at least the board's direction to go through that. COMMISSIONER COYLE: Yeah, okay. Then let me just clarifY the motion. It is essentially to accept your recommendations and to provide you guidance to take a look at the phased payment of impact fees under the current situation and then to ask you to come back to us with a report concerning the indexing of transportation impact fees and other impact fees over a shorter period of time to see what impact that will have on our financial ability to continue infrastructure development. MR. CASALANGUIDA: Can do that, sir. CHAIRMAN FIALA: But you didn't mention trip length or not trip length. COMMISSIONER COYLE: Oh, yes, we did, because -- CHAIRMAN FIALA: You did? COMMISSIONER COYLE: Yes. My intention was that they eliminate the new -- the effect of the new trip-length study and retain the same trip-length parameters they used in the last study. CHAIRMAN FIALA: Very good. I think you said that before, but I just wanted -- being that you were reiterating, I thought that should be added to that. And Jeff Klatzkow, did you have something to add? MR. KLA TZKOW: Just for board direction. If staffs going to Page 51 _.-_.,-~""...,." "~-.--,~-__...__u___,_u. February 10, 2009 look at payments over time, how does the board want that to affect vesting? I mean, right now what we're doing should be spent off the top and then you pay it back, and you're fully vested, just as long as you apply for that. We're changing the time periods now for payment. Do you want us also to keep vesting while they're still paying, or do you want to incentivize payment upfront by not giving vesting? COMMISSIONER COYLE: I don't know that we need to change the vesting concept here. What we're trying to do is give them a time payment plan. But we're going to make sure that vesting doesn't expire -- MR. CASALANGUIOA: Right. COMMISSIONER COYLE: -- for them. We're not going to-- we're not going to ask them for progress payments and then say, whoops, your vesting is expired now. We're not going to do that, right? MR. CASALANGUIOA: No, sir. This is the -- what we've outlined is, you become vested on day one. COMMISSIONER COYLE: Okay. MR. CASALANGUIOA: You pay that 10 percent or 20 percent, depending on where you are in your payment plan right now, and you become locked in and committed. It's almost like that final payment on the car is the fifth-year payment, and then you own the car. So you own the car and then you drive it while you're making your payments, and then when you make your final payment, you get the title to the policy. So you're vested on day one, fully vested when you make your final payment. But for clear direction, you want me to implement the five-year payment plan as I've outlined in these examples. COMMISSIONER COYLE: That's my intent, yes. MR. CASALANGUIOA: Okay, very good. CHAIRMAN FIALA: And does the second agree? Page 52 February 10,2009 COMMISSIONER HENNING: Yes, and just a clarification on the motion, is to adopt the impact fee study -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: -- less the new trip impact? COMMISSIONER COYLE: That is correct. That is correct. CHAIRMAN FIALA: Okay. Now, next we have Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Nick? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COLETTA: In these trying economic times, you know, individuals or corporations, we're all in the same boat, of course, these large corporations that are paying tremendous impact fees, or hopefully will be paying them, they hire many, many people to work for them. So their well-being is crucial to Collier County's well-being and workers that are within Collier County. I'm a little bit concerned about what happens if the fifth-year car payment, that company at that moment in time is -- finds themselves at a disadvantage, cash broke mainly? Do they lose everything that they have paid into it? Do they lose their vesting? MR. CASALANGUIDA: Well, Commissioners, you're going to have that situation. And since it's limited and what we've talked about with the development communities is to bring them to you on a case-by-case basis. COMMISSIONER COLETTA: There is going to be an avenue where they can come forward and it's not going to be an automatic thing where, unarbitrarily (sic), just get cut off and that ends the whole process and everything they invest into it would be lost; so that's not necessarily the case? MR. CASALANGUIDA: No. MR. MUDD: No. Commissioner, impact fees paid stay with the land, okay? They don't disappear. So even if they were only able to make four payments, they still have 80 percent of their impact fees Page 53 February 10, 2009 locked into that property, okay, and they can draw based on building permits. So they won't lose any dollars. But if we get into the vesting issue, as Nick said, we will come back to the board on a case-by-case basis and those particular -- so that the petitioner can make their request of the board, and we can bring the board up to speed on it if we get into that particular situation that you described. COMMISSIONER COLETTA: Thank you, Mr. Mudd. CHAIRMAN FIALA: It was an excellent question. Thank you for asking that. Commissioner Henning? COMMISSlONER HENNING: Legal question. Well, first a statement. Every time that we advertise the ordinance, it costs money. We have to do a legal advertisement. Other fees that we charge are in resolution. So my question is, can we revamp the ordinance to say that the fees, impact fees, will be recognized in a resolution? That way when we do the studies, all we have to do is a resolution instead of having to do an ordinance change. MR. KLA TZKOW: I understand the question. We will look into doing that. COMMISSIONER HENNING: Does anybody have a problem with that direction? (No response.) COMMISSIONER HENNING: That's the only thing I have. Thank you. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: My only concern as we work through this whole process, whether it's impact fees for roads or whether it's impact fees totally, is that we don't end up with a revenue shortfall to the point where we then have to use ad valorem money to shore up the losses. Page 54 February 10,2009 So if I can be assured that we're not going to have to dig into ad valorem taxes to shore up what needs to be provided for the growth in this county, then I'm okay with this, but I have to have that assurance. MR. CASALANGUIDA: Commissioner, if I could give you that 100 percent assurance, I wouldn't be working for Collier County. I'd be in Wall Street. But what I can tell you because of what's going on -- COMMISSIONER COYLE: In jail. MR. CASALANGUIDA: -- what I can tell you, what's going on, is that we do an AUIR and a CIE within six months, and we're going to keep taking that temperature and you're going to see the trends on a short-term basis. And I'm going to report to you, and hopefully I'll still be here and be able to tell you with a straight face, this is where we're heading and this is what the impacts are. Ifwe see trends developing where impact fee revenues do not come in as expected, we're going to let you know, and then we're going to tell you, maybe this project in the fifth year is in jeopardy, and that's why. But it is not our intention to ask you for ad valorem dollars to maintain the CIE. COMMISSIONER HALAS: Well, you're talking for the transportation. I'm-- MR. CASALANGUIDA: Yes, sir. COMMISSIONER HALAS: -- looking at the overall big picture of all the impact fees and the requirements that we have to make in order to make sure that we meet the concurrency, whether it's the concurrency that we have already set by the county or whether it's the concurrency set by the state so that we don't end up in a situation where we have to then go into ad valorem taxes, which we're not going have that cushion any longer. MR. CASALANGUIDA: You're right. COMMISSIONER HALAS: Okay. So all I'm saying is that when this study comes back, I want to make -- I want to be assured Page 55 February 10,2009 that we're not jeopardizing what we presently have, okay. MR. CASALANGUIDA: I understand. CHAIRMAN FIALA: I also have a question. And I'm sorry to jump in front of you, Commissioner Coyle, but -- and that is, those that have already paid their 50 percent down, impact fees 50 percent down and maybe who are having problems meeting the other 50 percent commitment, are we going to renegotiate with them to put them on this payment plan as well so that then they'll be able to move forward with their development? MR. CASALANGUIDA: Yes, ma'am. They would get the opportunity to go into five equal payments of roughly 10 percent of the original amount. So with my example, if they owed 750,000 under the current scenario -- CHAIRMAN FIALA: Yes. MR. CASALANGUIDA: -- they would owe 100,000 over five years. So it definitely helps them. CHAIRMAN FIALA: Very good. Thank you very much. Commissioner Coyle? COMMISSIONER COYLE: And I would just like to very strongly support what Commissioner Halas has said, that this is a significant trap. We've got to be very careful about how we deal with it. If we reduce impact fees and the anticipated taxes, other revenues don't come in to help us do what we need to do, we're going to be in a difficult situation. So we have to be very, very careful. And I would suggest that we -- we budget that tax revenue very conservatively, be very, very careful. And I've talked with the county manager. He's doing that. I feel comfortable that that is happening. But there are surprises always. So Commissioner Halas is absolutely right. We cannot let ourselves fall into that trap because it's going to be very, very difficult to dig ourselves out of it. CHAIRMAN FIALA: Thank you. Page 56 February 10, 2009 MR. CASALANGUIOA: Commissioners, it's our intention, as transportation did talk about it, as we go through the legislative session and we go through the AUIR and CIE cycle, we're going to try and give you more updates because we're in a time where things are changing really, really quick. So we're going to try and keep you abreast of anything that's going on, on a quick turnaround so that way you can see things happening and changing. So I agree with the commissioner. CHAIRMAN FIALA: Commissioner Halas, thank you so much for bringing that up. We really appreciate that. And with that, we have a motion on the floor and a second, and we have Jim Mudd with his hand up. Yes, sir. MR. MUDD: Just that Commissioner Halas brings up an interesting point. I want to make sure that you understand, your other impact fees, you've -- your other impact fees, you've borrowed money to build a building or whatever, and you owe payments on it. Transportation, you haven't borrowed money yet to supplant impact fees. Remember that $50 million that we talked about in an AUIR, oh, two years ago that I was going to get -- started to get drawn in 2010 and then was going to go out for five years, and the impact fees were going to -- as they came in, were going to pay it off in order to get it done. When you borrow that $50 million, depending on where it is, you now have that process that Commissioner Halas talked about about transportation. So we really have to monitor it very closely, because if your impact fees come in, you have no way to pay off that five-year loan, and they're not extending them past five years. So you will have to have another revenue source in order to get it. So we will watch it very closely. But good point. But I'll let you know, in transportation, that particular situation comes to -- comes to fruition when we draw that $50 million for the Oil Well Road project. Page 57 February 10,2009 And we'll let you know when that goes, and we'll come to the board with permission in order to draw it. MR. CASALANGUIDA: Yes, sir. CHAIRMAN FIALA: Thank you very much. We have a motion on the floor by Commissioner Coy le, a second by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: And with that, we'll take a ten-minute break. Thank you. MR. CASALANGUIDA: Thank you, Commissioners. CHAIRMAN FIALA: Be back at 10:40. (A brief recess was had.) Item #10B FUND AGREEMENT NO. 4600001684 IN THE AMOUNT OF $1,500,000.00 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PROVIDE ASSISTANCE WITH THE CONSTRUCTION OF THREE (3) STORMW A TER IMPROVEMENT PROJECTS: (1) LEL Y AREA STORMW A TER IMPROVEMENT PROJECT; (2) FREEDOM PARK; AND (3) GATEWAY TRIANGLE STORMW A TER IMPROVEMENT PROJECT - APPROVED Page 58 February 10, 2009 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. Next item on your agenda is 108. It's a recommendation to approve funding agreement number 4600001684 in the amount of $1,500,000 with the South Florida Water Management District to provide assistance with the construction of three storm water improvement projects. The first one is the Lely Area Stormwater Improvement Project, the second is Freedom Park, and the third is the Gateway Triangle Stormwater Improvement Project. Mr. Norman -- Mr. Norman Feder, your Transportation Service Administrator, will present. Again, Commissioners, this is accepting a grant for three projects for $1.5 million. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN FIALA: Okay. I have a motion on the floor. It was an excellent presentation, Mr. Feder. A motion on the floor from Commissioner Henning to approve, and a second by Commissioner Coletta. I see no comments from any of our board members. All those in favor -- oh, yes, Commissioner Halas. Excuse me. COMMISSIONER HALAS: This is from the South Florida Water Management; is that correct? MR. FEDER: That is correct. COMMISSIONER HALAS: Okay. So this is some of the tax dollars that the citizens of Collier County contribute to South Florida Water Management that we're getting back to us to address stormwater issues? MR. FEDER: That's correct. COMMISSIONER HALAS: Great. CHAIRMAN FIALA: Very good. Page 59 February 10,2009 All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #10E AWARD OF BID #09-5169 TO THE LOWEST QUALIFIED AND RESPONSIVE BIDDER BCBE CONSTRUCTION CO., INC. FOR THE CONSTRUCTION CONTRACT OF THE GOODLAND BOAT PARK PROJECT #80611.1 FOR A LUMP SUM PRICE OF $1,690,020.28 - APPROVED MR. MUDD: Commissioner, the next item on your agenda-- again, 10C happens at 11 o'clock, and I believe a lot of people are here to listen and participate in that particular item. 10D is continued until 2/24, and that was on your change sheet this morning. Brings us to 10E. It's a recommendation for the Board of County Commissioners to approve the award of bid number 09-5169 to the lowest qualified responsive bidder, BCBE Construction Company, Inc., for the construction contract of the Goodland Boat Park Project, number 80611.1, for a lump sum price of $1 ,690,020.28. Ms. Marla Ramsey, your Public Services Administrator, will present. MS. RAMSEY: Good morning, Commissioners. You do have before you the bids that we received for the Goodland Boat Park. We had 13 qualified bidders that submitted. Of those bidders Boran, Page 60 February 10, 2009 Craig, Barber and Engel Construction Company is the low bid. And I don't have a presentation, but I'm here to answer questions if you need any. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I'm very impressed with the amount of companies that bidded on this project. My question is, is this funds cash that we have or is it going to be borrowed monies? MS. RAMSEY: It's cash in the project, sir. COMMISSIONER HENNING: Okay. So no borrowed monies? MS. RAMSEY: No, sir. COMMISSIONER HENNING: Okay. Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: I have a motion on the floor to approve, and a second. Motion to approve by Commissioner Henning, a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: Okay. I would hope that at some point in time our transportation department just makes sure that boats can pass -- I mean, boat trailers can pass one another on those roads. I've mentioned it to them, but I'll just say it on the record. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you. Page 61 February 10, 2009 Item #12A FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE FILING OF A FORECLOSURE ACTION WITH THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT TO RECOVER THREE OUTSTANDING CODE ENFORCEMENT LIENS PRESENTLY TOTALING $517,662.48, REGARDING THE JERRY BLOCKER AND KIMBERLEA BLOCKER PROPERTY LOCATED AT 1101 ALACHUA STREET, IMMOKALEE FLORIDA, A/K/A SHELLS TRAILER PARK FOLIO #63864720000, #63864680001, AND #63864760002 - MOTION TO TABLE ITEM TO LATER IN THE MEETING - APPROVED; MOTION TO UN-TABLE ITEM - APPROVED; MOTION TO APPROVE ACTION TO FORECLOSE- APPROVED MR. MUDD: Commissioner, this is very unusual. lOF -- COMMISSIONER COYLE: We don't have anything to do. MR. MUDD: 10F -- I'm running out of items, with all the time certains. 10F is a time-certain, 4:30 p.m., and that used to be 16A 1. Again, it was on the change sheet. That brings us to our next item, which is 12A, and we normally have public comment on general topics. Ms. Filson, do we have anybody that has public comments on general topics yet? MS. FILSON: No, sir. MR. MUDD: We'll come back. So we'll go to 12A, which used to be 16K4. And I won't read the folio numbers again because I've mentioned them this morning. But this item is for the Board of County Commissioners to Page 62 February 10,2009 approve the filing of foreclosure action with the Circuit Court of the 20th Judicial Circuit to recover three outstanding code enforcement liens presently totaling $517,662.48, regarding the Jerry Blocker and Kimberlea Blocker property located at 1101 Alachua Street, Immokalee, Florida, a/k1a, the Shells Trailer Park, and there's three folio numbers that precede it, and I mentioned them this morning. This item is moved from the consent agenda to the regular agenda at Commissioner Coletta's request. CHAIRMAN FIALA: Commissioner Coletta, would you like to speak first, please? COMMISSIONER COLETTA: Yes. I only pulled it for one reason, and that was the request I received from Patrick White to -- was it Patrick White? I'm sorry. MR. KLATZKOW: Yes. COMMISSIONER COLETTA: Yes. Well, you looked at me kind of strange. I wondered if maybe 1 did that wrong -- who wanted to appear before the commission before we acted on this to be able to speak to us. Is patrick White here? (No response.) COMMISSIONER COLETTA: Well, at this point in time I don't know what to tell you. Is there any representative of the Blockers here? (No response.) COMMISSIONER COLETTA: Is the Blockers here? (No response.) COMMISSIONER COLETTA: This wasn't a time certain? MR. MUDD: No, sir. COMMISSIONER COLETTA: No, it was not. Well, I'll tell you what, for the sake of fairness, I would like to table this to a little bit later to see if they -- he does appear. I'm not too sure what went wrong. Maybe it was a miscommunication regarding Page 63 February 10,2009 when to appear. Ifwe could table this until later in the day. CHAIRMAN FIALA: Sure, that's fine. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. Now, let me -- well, we still have eight minutes till we're allowed to start because this was -- it was -- MR. MUDD: Time certain at 11 o'clock, ma'am. CHAIRMAN FIALA: -- a time certain at eleven. Let me say to all of those people in the audience, if you have any phones, cell phones on you right now -- MR. MUDD: Madam Chair, the last time -- I just need to get more than two nods to table this particular item. Commissioner Coletta, you need a motion in order to do so -- COMMISSIONER COLETTA: Motion to table. CHAIRMAN FIALA: Second. You mean till later in the meeting? COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Okay. Motion to table till later in the meeting by Commissioner Coletta, second by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay, 4-1. Anybody who has cell phones, would you please turn them off or at least put them on vibrate. Anybody who wants to speak on this subject, please give your speaker slips to Sue Filson, because from here on in, once we start discussing that subject, we won't be accepting any more speaker slips, and -- COMMISSIONER COLETTA: Look who just walked in. Page 64 February 10,2009 CHAIRMAN FIALA: Oh. Well, you know what, let's just do it right now. COMMISSIONER COLETTA: That sounds like a great idea. MR. MUDD: Would you like to untable this particular item? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: I make a motion to untable it if we have to do that formality. CHAIRMAN FIALA: Again, I'll second that. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. Opposed? (No response.) CHAIRMAN FIALA: Very good. We already started your subject, Pat. Yeah, turn the phone off. MR. WHITE: I won't tell you who's calling. Good morning, Commissioners. Congratulations on your chairmanship, Madam Chairman. I appreciate Commissioner Coletta taking this item off the consent agenda. My client, of course, desired to be here today but, unfortunately, you guys are doing such a great job at being efficient with the county's business that he's en route, as I was. Being a little closer, of course, I'm here on time, almost. The matter before you is somewhat confusing to my clients in the sense that the county's position in regards to this previously in documents that have been on file with the court is that they would not be seeking a foreclosure. So we're, frankly, a little, I guess, perplexed about why it is at this point County Attorney's Office would be looking to move forward on the foreclosure. Page 65 February 10,2009 This is a matter that has a very long history, a procedural history that's very complex. It's one that certainly I've had the opportunity to talk with Commissioner Coletta to some degree about and to a lesser degree in regards to a matter I'm not working on but is related to litigation, the Bert Harris claim, with Commissioner Henning as well. But I think it's fair to say that we've never truly had an opportunity to demonstrate what my client's intention has been all along and why he retained me to represent his interest, and that is to assure how they could best come into compliance with the county's rules. That has been the desire that has been, you know, my goal in representing him throughout this process. We simply look to have the rules applied evenly here. I understand that the county's position is different in that regard. They see the property as illegal and not susceptible to coming into the SIP process, but to go ahead and seek to foreclose would, in effect, foreclose us having our day in court. And it's kind of strange to me that we are about two weeks before we're set to have a number of motions heard in front of Judge Hayes that pertain to our appeals that are already on file and we're looking to move forward with, as well as related matters, as I mentioned before, in a different suit, that has, as part of it, Bert Harris claim. So there's a lot going on here, and I'm, frankly, thinking that it may not be the wisest expenditure of county resources to go ahead and attempt to foreclose on the property, especially when the County Attorney's Office has said to the courts already that that was not what their efforts were going to be directed towards. So I'm happy to answer any questions. I'd be glad to tell you the entire saga and story, but I don't believe that I want to intrude upon your 1 I o'clock time certain. CHAIRMAN FIALA: Well, thank you. Okay. Commissioner Coyle, you had a question? Page 66 February 10,2009 COMMISSIONER COYLE: Yeah. This is a result of a hearing three years ago -- MR. WHITE: Yes, sir. COMMISSlONER COYLE: -- about zoning violations. These people have not taken any of the suggested actions to resolve it for three years, and now suddenly we're being told that it's a big surprise. MR. WHITE: I don't think it's fair to say that we haven't attempted to take the actions. We attempted to comply with the directions of the CEB in the very first year. And what we were told by your staff essentially was, you can't get there from here. That was something, 1 think, that the CEB may not have fully understood. CHAIRMAN FIALA: CEB, for the audience, Code Enforcement Board. MR. WHITE: Code Enforcement Board. I'm regrettably -- COMMISSIONER COYLE: I understand -- understand the defense. It's just that I don't accept it. I'll make a motion to approve the filing of the foreclosure action. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Coyle to approve this action, and a second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signifY by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. MR. WHITE: Thank you. Page 67 February 10,2009 CHAIRMAN FIALA: 4-1 vote, Commissioner Henning opposed. MS. HUBBARD: Thank you, Commissioners. MR. MUDD: Commissioner, that brings us -- CHAIRMAN FIALA: We still have two minutes. COMMISSIONER COYLE: Anybody have a good joke? Item #10C RECOMMENDATION TO DENY THE PETITIONERS REQUEST FOR A REDUCTION OF THE STORAGE FOR THE TWO NORTHBOUND LEFT TURN LANES TO BUSINESS CIRCLE SOUTH IN ORDER TO PROVIDE STORAGE FOR A SINGLE LEFT TURN LANE SOUTHBOUND FOR ACCESS INTO THE MAIN GATE OF FOREST GLEN, PROJECT #60001 - MOTION TO MOVE FORWARD WITH CURRENT DESIGN PLANS WORKING WITH THE COMMUNITY TO COME UP WITH OPTIONS AND BRING BACK TO THE BCC FOR DIRECTION AT A FUTURE DATE WITH NO COUNTY FUNDS TO BE USED AND NO TRAFFIC LIGHTS TO BE PUT IN THE PLANS- APPROVED CHAIRMAN FIALA: Sue Filson will talk to us for a second, and then you can tell us how many speakers we have. MS. FILSON: On 10C -- on 10C I have 12 speakers who want to turn their time over to Jim Dishinger; I have 12 speakers who want to turn their time over to James Banks; I have six speakers who want to turn their time over to Ed Rugenstein; so I'll need you to tell me how long you want me to set the timer for those gentlemen. CHAIRMAN FIALA: Okay. Well, 12 speakers at three minutes each, that's 36 minutes, and then the other one 12, that's another 36 -- MS. FILSON: Eighteen. Page 68 February 10, 2009 CHAIRMAN FIALA: -- minutes. Eighteen? Three times eight is 24. And so that's what, 44 minutes, 50 minutes? Doesn't make any difference. We don't have enough time before noon. I would hope that in the interest of brevity that we will keep this at -- within 15 -- 15 to 20 minutes at the very, very most for each of these speakers who have all these dedicated people offering their time to them. Okay. Twenty minutes at the max. We prefer 15. Thank you. MR. MUDD: Commissioner, that brings us to Item 10C, which we've been talking about. This item to be heard at 11 a.m. It's a recommendation to deny the petitioner's request for a reduction of the storage of the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, project number 60001. Mr. Norman Feder, your Transportation Service Administrator, will present. CHAIRMAN FIALA: Norman? MR. CASALANGUIDA: With a better haircut and I lost a little bit of weight. But Nick Casalanguida, for the record. Commissioner, this is the petitioner's requested item, and we've met with them several times. This is not the fun part of my job where I have to, you know, disagree with the community that I represent as part of, you know, being in staff for the Board of County Commissioners. I'd like to have them go first and present their items and concerns, and then I could just answer questions and present some staff items, if I could. CHAIRMAN FIALA: Very good. Thank you. Commissioners, we'll hear the speakers first, then hear from staff, and then we'll ask questions at that time. MS. FILSON: The first speaker is Jim Dishinger. He'll be followed by James Banks. MR. DISHINGER: Thank you, Commissioners. We thank you Page 69 February 10,2009 for taking the time again to meet with us on this issue of such importance to the many ob- -- for the many obvious reasons to the members of our community. As you have recommended and as Nick has said, we have met several times with members of the transportation department. They told us they would give serious consideration to any reasonable alternative plans that we might be able to bring them, and they -- that they would also try to think of something that might help save our access to our front gate. Several compromises were offered by us. All have been turned down by the department. The Department of Transportation evidently could not think of any alternative options on their own, as they never offered any. After a couple of initial meetings with DOT, we hired Jim Banks, who is a licensed traffic engineer, to review the Department of Transportation's plan, suggest viable alternatives, and to represent us both with the DOT and the BCC. Mr. Banks met on several occasions with Nick and Norm and was involved in our representation to you last month. His meetings with the transportation department, like ours, have been cordial but unsuccessful. On two occasions, we thought we had presented a plan that would be a win-win situation for everyone. But both proposals met state recommended traffic standards, and even so, every plan has been quickly rejected, and pretty much out of hand by the transportation department. We hope after hearing our proposal today that you will ask the transportation department members if some of their assumptions on future needs are still truly accurate in today's economy, and are not still accurate for their 2030 projections, why these assumptions could not be slightly modified so as to better accommodate the needs of Forest Glen in the next -- for the next 15 or 20 years. Page 70 February 10,2009 We have been told several times that the reason we are losing our direct front gate access is because the traffic counts in the year 2030 are projected to be so high that this 600 feet of dual left turn storage for access into Business Circle South will be needed to handle that traffic. We have also been told that this amount of storage will also be wanted in the near future to divert traffic wanting to turn on Davis so that they will avoid the reconstruction project of Collier and Davis. We really do not think it is fair under any circumstance that our front gate access would be taken away so that the traveling public is not inconvenienced during a reconstruction project. After speaking with Commissioner Coletta yesterday and being told that the county might not even have enough money to finish the 951 project, we wonder if the reconstruction to the Davis/Collier intersection might have to be put on the back burner for some time until the economy recovers anyway. We all realize how important forecasting is in preparing for the future, but no one has a crystal ball that is perfectly accurate. And when these projections were made, the economy was in much better shape than it is now. We seriously question the accuracy and relevancy of these projected traffic counts for vehicles needing or wanting to turn left into the Wal-Mart complex so many years out into the future. Six hundred feet of dual left-lane storage the department thinks will be so direly needed in 2030 and beyond was determined using those projections. The 600 feet of storage is the real culprit in the decision to eliminate the left turn-in access to our front gate. But the assumptions and estimated traffic projections supporting this need are no longer accurate, and it seems highly questionable that they are. Asking that the 600 feet of the inside lane be reduced to 300 feet, as was suggested at the beginning of our discussions, which would Page 71 February 10,2009 accommodate a left turn and deceleration and storage lane for our residents does not seem to be unreasonable, especially since our request and modification meets required design standards and requirements that are backed up by a licensed, registered, and highly respected traffic engineer. Currently, according to the department's own study, approximately 200 northbound vehicles per hour want to make a left turn onto Davis Boulevard from Collier. Reducing the amount of left-turn storage at Business Circle South will still be more than adequate to handle any traffic that the DOT estimates might want to avoid the reconstruction area and make the -- take the Radio route through the Wal-Mart complex. That would be about 50 vehicles per hour, and even with a shortened inside lane, there will still be storage for at least 30 vehicles at that time. That is surely enough storage to handle the traffic plus the two-to-three vehicles normally wanting to go into Wal-Mart. This Radio route, as it is called, by the way, has a serious flaw that will most likely make it not used by the people it is designed to attract, one of which is me. That serious flaw is an additional left turn that will be required where Business Circle meets Market Street. It will have to be made against oncoming traffic from Business Circle North, so this shortcut will mostly take more time than the trip through the construction site at Davis. Mr. Feder often says this route is designed to be similar to the Naples Boulevard, but Naples Boulevard does not have this unsignalized left turn in the middle between Pine Ridge and Airport -- To really be like Naples Boulevard, the signal at Business Circle South would have had to be put in Business Circle North, and that Radio route probably had a much better chance of being used. It will also require that a signal be put at Market Street and Davis, which is right between Radio and Collier. There's actually a very real likelihood that the total number of vehicles wanting to make Page 72 February 10, 2009 a left turn onto Davis will actually diminish because the elimination of the left turns out of the communities on the west side of Collier, motorists wanting to go north on 951 from Naples Lakes, Naples Heritage, Naples National Golf Course and Cedar Hammock, have lost that ability unless they come out, turn south, make a U-turn and head back north, because the new road design has totally limited all direct left turns out of these three or four communities. Most vehicles from these communities will find it much more convenient to use their other gates. And the only traffic now that can be -- leave north directly on 951 that might have a desire to go west on Davis will be coming from the San Marino Apartments, Forest Glen, and possibly Cracklin' Jacks, if they can survive, since they, for some reason, have also lost their left-turn access in. Vehicles coming from Marco Island and wanting to go to downtown Naples do not drive north to Davis Boulevard, but take U.S.41. Traffic from Divosta and Lely take either U.S. 4l or Rattlesnake Hammock because that is the most direct route. If the Board of County Commissioners finds that the above-mentioned plan and the rationale for it to be still totally unacceptable, then we ask that you give serious consideration to our last proposal. The new median on 951 is so narrow that all cars wanting to make or needing to make a U-turn will be pointing directly at oncoming traffic, thus they will be required to execute a complete ISO-degree U-turn from a dead stop across three lanes of oncoming traffic and into a guardrail. Our own traffic count, one partially observed by DOT, shows we have 600 vehicles daily making the current left to come into our front gate. Expecting that many vehicles to do a ISO-degree U-turn, we think, is a terrible design concept. We, the people, who are being expected to make those U-turns, think that this will be extremely dangerous not only to our residents and visitors but to the traveling public as well, even though DOT tells Page 73 February 10,2009 us that U-turns are safe. Our traffic engineer says it can be made much safer by moving the U-turn lane several hundred feet to the north, and by making this single change, it will allow our residents more room to make the U-turn and allow them to turn directly into our right-turn in-lane at the end of the U-turn maneuver. Only regular-size passenger vehicles will be able to complete a U-turn in the space currently provided in the current plan, but our plan would allow longer wheel-based vehicles like UPS trucks to complete the maneuver. As designed, after a vehicle has exited our U-turn, it will then have to accelerate back up to traffic speed and then immediately slow down to move into our right lane. Our alternative plan still allows for adequate deceleration and storage for six vehicles, which is twice as much storage as our traffic count and engineer called for. DOT has also rejected this proposal even though it meets the requirements and design standards. They did counter -- DOT did counter this proposal, however, but they demanded that we extend our right turn-in lane by 100 feet, get our own permits, use our own contractor to build it, complete the construction with (sic) three years, pay for the construction ourselves, and respond to their offer in 24 hours. We did not see any legitimate reason or a real need to be required to build storage for an additional five or six cars when the storage allowance in our proposal is already -- it already meets twice our needs. Like the county, Forest Glen is also short of funds, as we just collected a $10,000 assessment from every member for the renovation of the golf course and clubhouse. Commissioner Coyle said several times at the last meeting we attended that fair is fair. Forest Glen was permitted and completed before Wal-Mart. Better advanced thought and planning by DOT and the county would have easily provided a plan that would meet the needs of Forest Glen and Wal-Mart, as well as the traveling public. If Page 74 February 10,2009 that had been done, Forest Glen would not now be in a position to make such a large sacrifice in order that the traveling public not be inconvenienced. Our back gate and the narrow residential streets needed and used to access it was not designed to accommodate large service vehicles that serve our club on a normal every-day basis. It is an unmanned gate. It is not just that we don't want them to use it. It is just not a realistic or viable option. And making all our service vehicles coming in from 1-75 to go 16 miles out of their way to get to our front gate shows either a lack of understanding of the needs of our community or a complete disregard for all the parties involved. In making every effort to work with DOT, we have been told that we should have started this process much earlier than we did. We agree, and we would have had we truly been informed maybe in writing that we were losing our left turn-in access, but we did not really receive any such notice like those that we have recently received on the Benfield study. The publication entitled, "Median Openings and Access Management Decision Process," from the office of systems planning, topic number 625010021F, which was effective April 5, 2007, and emailed to us by Jim Mudd on January 6, 2009, addresses in great detail how existing communities or citizens who are going to be affected by these changes and median openings are to be notified. If these guidelines had been followed, we would not now be taking and looking to you at this late date for an outcome that will be both safe and reasonable for us and acceptable to the county. We are not asking for things that other similar communities don't already have or have been allowed to keep when their roads were rebuilt. I drive on Immokalee Road weekly, see that every community along that busy new road has both left-turn in and outs for their main entrances. Page 75 February 10,2009 Along the Sam's Club, there's a direct left turn in off of Airport-Pulling which crosses directly at the very end of the left turn dual lane storage area for Immokalee Road. In conclusion, we know that nobody wants their plans or decisions to be found wrong or be overturned, but occasionally some plans and decisions need to be overturned or modified when found lacking. We understand that DOT is reluctant to give in to our proposals even though our proposals are based on reasonable assumptions and sound engineering standards, because any change calls their judgment into question. We hope you will ask hard questions of DOT as to why some compromise could not be found and not allow the safety of the members of our community and the traveling public to be put in jeopardy just for pride's sake. (Applause.) CHAIRMAN FIALA: Next speaker? MR. DISHINGER: If you have any questions for me. CHAIRMAN FIALA: We're not going to ask any questions right now, but thank you very much. Next speaker? MS. FILSON: The next speaker is James Banks. MR. BANKS: Good morning, Commissioners. For the record, my name is Jim Banks, and I'm a registered professional engineer in the State of Florida, and I'm speaking on behalf of the residents of Forest Glen. My presentation will be approximately 20 minutes in length, and as such, I have acquired the speaking time of approximately five of the Forest Glen residents. I believe their names have been -- their registration cards have been attached to mine and provided to the county attorney. Over the past three weeks -- 12, okay, thank you. Over the past three weeks, I have been working closely with Page 76 February 10,2009 Department Of Transportation in order to develop an alternative design that will improve the access conditions for the Forest Glen community and also protect the public's general interest. DOT and I have reached an agreement on a design that would accomplish this very objective. The alternative design, if it was implemented, would not reduce or interfere with the construction of the dual northbound left turn lanes as proposed for Business Circle South, and the alternative design would not compromise the standards that have been set forth for the six-laning of County Road 951. The agreed-upon alternative design consists of moving the currently planned U-turn lane, which is proposed to the south, to the north approximately 650 feet, which would put it within proximity of the existing Forest Glen access. In conjunction with relocating the U-turn lane, which is designed to be 500 feet in length, the existing northbound right turn lane that provides access into the Forest Glen subdivision would need to be extended approximately a hundred feet. This design alternative will create an improvement to the situation for both the residents and the traveling public; that is, the residents would effectively turn left into their right turn lane and avoid the situation of having to perform a U-turn further to the south, then accelerate to meet the northbound traffic stream's traveling speed, and then have to de-accelerate in order to enter into the right turn lane. As another benefit, motorists performing the conventional U-turns and then those folks that would continue on northbound, heading northbound on 951, would -- would have the additional pavement width provided by the right turn lane to perform a more efficient V-turn movement. Basically the right turn lane would function as an outer turning lane. This would greatly improve conditions for long-wheel-based vehicles and would provide better turning movements for standard passenger vehicles. It's not imperative for passenger vehicles, but it Page 77 February 10,2009 would improve their ability to make the turn as well. I met with DOT yesterday, and they confirmed that this alternative design would, in fact, provide the preferred access situation for Forest Glen, and it would improve the conditions for those motorists performing the U-turns. As such, DOT agreed that the modification to the plans could be implemented; however, it was DOT's position that the residents of Forest Glen would need to be responsible for extending the northbound right turn lane approximately a hundred feet and that DOT would incur the cost associated with relocating the U-turn lane further to the north. Unfortunately, due to the construction constraints created by Hendry Creek, the extension of the northbound right turn lane even only a hundred feet will be relatively expensive. And I would submit to the board, if Hendry Creek wasn't where it is, we wouldn't even be having this discussion today. I think we would have been able to finalize this issue, but we have to deal with what we have. And because of the uncertainty regarding the costs associated with permitting and constructing the extension of that northbound right turn lane, Forest Glen could not commit to those unknown costs; therefore, as an alternative to what DOT and I agreed upon, I proposed that a modification to that plan should be considered. I suggested that as an alternative, DOT should consider installing a shorter U-turn lane, therefore avoiding the cost of extending the northbound turn lane. In support of this request, I provided traffic counts to DOT that indicated that a U-turn lane being approximately 390 feet in length versus the 500 feet in length that is currently being proposed would be adequate to accommodate the traffic demands for that particular movement, both vehicles turning left and those motorists making U-turns. More specifically we performed traffic counts last week at Forest Glen access and found that a queuing capacity of six vehicles or 150m Page 78 February 10,2009 feet in conjunction with maintaining the 240 feet of de-cel and tapered length would be adequate. So when we add the 240 and the 150, we wind up with 390 feet versus the 500 that's being proposed. If -- and 1-- if the 390-foot U-turn lane was installed, then the existing right turn lane would function as we desired it to, and that is the residents of Forest Glen would be removed from having to perform the U-turn further at the south and would be allowed to turn directly into their existing right turn lane, and the general public would be provided more pavement area for performing the U-turn movement. Now, I was in the field and I made an observation, and during that observation there were times when the larger wheel-based vehicles, when they were making the U-turn at existing Forest Glen access literally turned up onto the driveway apron to make that turn. So I would submit to you that it would improve the situation for the general public as well. This design modification was discussed with Commissioner Coletta and DOT yesterday, and although I believe DOT found merit in the request to consider installing a shorter U-turn lane, they were not convinced that this design would be adequate and, therefore, would not support the suggested modification. As such, I'm requesting that the board determine that the installation of the U-turn lane to a length of 390 feet versus the 500 feet be deemed a reasonable compromise to this issue. In doing so, the board acknowledges no fault with DOT's decision on this matter, but rather recognizes that their more conservative approach to this issue is not warranted. I'm not suggesting that DOT is wrong in their decision. It's just that we could consider a less conservative approach on this matter. I believe the board can determine this -- wrapping up right now. I believe the board can determine this to be an acceptable alternative because the proposal before you will not interfere with the Page 79 February 10, 2009 construction of the dual northbound left turn lanes that DOT wants to preserve. Two, in my opinion, the modification proposed to you will not compromise the design standards that have been set forth for the County Road 951 project because we will be maintaining the 240-foot de-cel and tapered length as required by law, and we will be providing a queuing capacity of six vehicles or 150 feet. Three, I believe the modification will improve access and safety for the residents of Forest Glen, and some modest improvements will be achieved for the general public. Four, the modification will not place a significant cost burden on the residents of Forest Glen. Five -- and this is -- I think, is a very key point -- other than reducing the U-turn lane by approximately 110 feet, other than that factor, the proposed modification meets all the intents -- all the intent that DOT had when they put together their plan. We're asking for one modification to their plan. And though not as desirable as the 500-foot design, I believe the overall effects of this design is preferred over the current plan to locate the U-turn lane further to the south, because we'll be giving up the two benefits of the Forest Glen residents being able to turn directly into their right turn lane and the widened apron for the U-turn movements. In summary, we are debat- -- in summary, we are debating the merits of 110 feet of storage capacity and how best to achieve the overall positive results of the three alternatives that have been provided to you for your consideration. I respectfully request that the board consider the merits of the request and determine that we have proposed a reasonable compromise to this issue. Thank you, and I'm available to answer any questions that you may have. CHAIRMAN FIALA: Thank you. Page 80 February 10,2009 MS. FILSON: The next speaker is Ed Rugenstein. He'll be followed by a single three-minute speaker, and then that will be your final speaker. MR. RUGENSTEIN: Good morning, Commissioners. My name is Ed Rugenstein. I'm an owner and resident of Forest Glen Golf and Country Club of Naples, Florida. Give you have a little bit of my background. Undergraduate in civil engineering at Perdue University, bachelor of science in civil engineering, graduate work in public administration at the University of Northern Colorado, traffic engineering at North Western University. I'm a registered professional engineer, obtained my license by a I6-hour exam. I worked for the Bureau of Public Roads (sic), which became FHW Federal Highway Administration later for 32 years. I did design, construction, and traffic engineering throughout the United States of all types of streets, roads, and highways with the last few of the 32 years being in the Washington office. I then worked for Fairfax County Department of Public Works in Northern Virginia for 12 years. There again, I did design, construction, and traffic engineering on a Fairfax County parkway and other streets and roads throughout Fairfax County. Do we need a left turn from Collier Boulevard into Forest Glen Golf and Country Club? We have 800 homes in Forest Glen Golf and Country Club with approximately 1,200 cars, two to three drivers per household. Four- to 500 of these cars are leaving and returning to Forest Glen Golf and Country Club each day. The accident rate for 4- to 500 cars returning to Forest Glen Golf and Country Club each day by way of I80-degree U-turn would be approximately doubled that of returning by way of a 90-degree left turn. That would not only be double for Forest Glen residents, but double for other cars traveling north on Collier Boulevard. Forest Glen Golf and Country Club has had a left turn into their Page 81 February 10, 2009 entrance from Collier Boulevard for the last ten years. That is approximately six years before Business Circle South or Wal-Mart even existed. Can a left turn from Collier Boulevard into Forest Glen Golf and Country Club be done within the parameter of the existing plan? Yes. By starting the two left turn lanes into Business Circle South just north of the Forest Glen Golf and Country Club entrance, carry one left turn lane next to the through lanes on Collier Boulevard for the first 350 feet and continue both 350 left turn lanes into the intersection at Business Circle South. The two-foot concrete median can then be constructed to -- which isn't constructed at this time, can then be constructed to allow a 350-foot left turn lane into Forest Glen Golf and Country Club between station 758 and station 761 plus 50. Should a left turn lane into Forest Glen Golf and Country Club from Collier be allowed and built? Yes, for the following reasons: Reducing accident rate for both Forest Glen Golf and Country Club residents and Collier Boulevard traffic going north; Two, all similar residential golf and country clubs have left turn lanes into their entrances. Not to have would be changing a precedent; Three, grandfather clause or vested right? Forest Glen Golf and Country Club left turn lane has existed for the last ten years, six years before Business Circle South and Wal-Mart even existed; Four, cost-effective traffic operations. The existing plan, you would have approximately 600 cars going one-quarter mile south and one-quarter mile north to return into Forest Glen. That adds up to a half mile for each car, 300 extra miles per day, approximately 15 miles per gallon, that adds up to 20 gallons of fuel per day, 600 gallons per month, and 7,200 gallons per year. That comes into costs at -- even now at $2 a gallon, $40 a day, $1,200 a month or $14,400 per year, not counting the wear and tear and maintenance on the vehicles themselves and the extra time for those drivers involved. Page 82 February 10,2009 I just wanted to say a little something in finishing about U-turns. I just want to make sure there has been a study regarding the number of cars make U-turns each day. And does the study show how much time to safely make that U-turn? How long before an adequate break in a traffic flow occurs to make the U-turn? Say between 10 a.m. and 8 p.m. at night with just 38 percent of the cars turning left into Forest Glen, there would be one every two minutes entering the queue to make that U-turn. I've been around for the last few years in this community, and I've seen the Collier County police, they have had so many cars making -- at Forest Glen entrance making U-turns that they were out there with a patrol car several times stationed to give traffic tickets because of the danger of U-turns. In summary, does Forest Glen actually need a left turn? Yes, they do. In regards to the safety and cost effectiveness of the whole situation, they really do need a left turn. And I think for the State of Florida and Collier County themselves, they would look to do this for the residents and cut back the costs in these economic hard times on the traveling public coming in and also cut down on the accident rate. Thank you. (Applause.) MS. FILSON: The next speaker is John Saling. MR. SALING: It's pronounces Saling, thank you, just like what you would do with a boat. Commissioners, thank you very much for giving us an opportunity to speak to you. We know that the governance of a county of this complexity is a difficult task and you have to make difficult decisions which don't always satisfY everybody. We understand that. But I'd like to address a few concepts which we've touched on, public interest, safety, efficiency, convenience, fairness, expediency, integrity, conservation, inertia, and opportunity. Page 83 February 10, 2009 Public interest is paramount. We know that. That's what you're here to do. A key element of public interest is safety. Whatever design comes out of this whole process, is it has to be safe for all concerned, Forest Glen residents and the general motoring public; however, efficiency is a concept we cannot lose sight of. As the gentleman just pointed out, we would be adding an awful lot of travel every day, every week, every month, every year, to the motoring public consisting of those who not only live in Forest Glen but visit it, bring goods to it, bring workers there, et cetera. The inefficiency of adding a half a mile to that trip is something which I think is striking and worth considering. The convenience factor primarily will serve those in Forest Glen and those who visit it if we have our left turn lane preserved. The concept of fairness has been touched on. I don't know that it is a legitimate concern that we were there first, but we were. We have had that left lane, and we have relied on it for a long time. The integrity of our community is at stake insofar as the message that would be delivered when you have to tell people you can't get into our community without going down and making a half mile V-turn. That is something that is of great concern to us and something that I think is worthy of public consideration. Conservation is a concept I mentioned, and that relates to the use of fuel that the last gentleman mentioned. Inertia is what we're up against insofar as there's a plan that has been developed and it's in place and it's difficult to move. But opportunity is the last concept that I think we have to look at. We still have the opportunity to get it right for all concerned, including Forest Glen. Some changes can be made. They are not that difficult, they're not that expensive. The road hasn't been built. We still have the opportunity to get it right. Thank you very much for your concerns. (Applause.) Page 84 February 10, 2009 CHAIRMAN FIALA: Nick, did you reserve your time till afterwards? MR. CASALANGUIDA: No, I'd like to-- CHAIRMAN FIALA: Okay, fine. Very good. Then -- or did you say you wanted to say something, or should we just go on to the commissioners? MR. CASALANGUIDA: If! could speak a little bit, just-- CHAIRMAN FIALA: Sure. MR. CASALANGUIDA: -- just to address some of the topics I've heard. Again to the, you know, community members of Forest Glen, I work for you. We have a public meeting Thursday night for Wilson Benfield. I hope you attend that. It's our goal to try and always accommodate you because we do represent you. I have two topics I want to just touch on, and I'll be brief. One is a history and fiscal responsibility from our end of it. January 14, 2004, Commissioner Coletta attended (sic) with Mr. Don Scott to Forest Glen and said we have an upcoming road project. There will be public meetings that are held. Please attend because it affects you. And that's important to note because we spend a lot of time with public involvement. It's a lot of staff hours and design time. A public meeting was held on February 28, 2005, a 30-percent design meeting. That meeting was closed, and the U-turn was south. We showed them the plans, and members of Forest Glen attended. September 29, 2005, a 60-percent public meeting was held. That meeting was closed. The U-turn was shown farther south, and Forest Glen attended. May 22, 2006, a 90-percent public meeting was shown. Median was closed, U-turn was farther south, and again, Forest Glen community residents attended. So there was a lot of time for people to kind of raise their hand and say, hey, what's going on, what can we do that's different? Again, Page 85 February 10,2009 all the plans showed they were closed. We met with Mr. Jim Banks and Forest Glen representatives on December 9th, January 8th, January 22nd, January 26th, and again yesterday, February 9th, and we agreed that we'd come up with a solution we think works. The issue at hand was the cost of implementing that solution. Again, there's two engineers that spoke on their behalf, and I have three engineers who spoke -- will speak on our behalf if they're needed. And the issue of -- you heard two different things. Mr. Banks said we took some sample analyses and we didn't see that many cars if we think the queue is there. And the other engineer says, there's a tremendous amount of traffic that takes that left turn. We need to have the left turn in place. Our engineer, and two engineers have said, in a sake of safety, we're not going to make an assumption that it's going to -- that we're uncomfortable signing and sealing. So they've had a set of design plans. And again, I want to show you the compromise we have, and then I'm going to take on some additional questions. Okay. At this stage of the game, what you're seeing right here, over here where my finger is or the pen is, the Forest Glen entrance. What's in yellow as I head south is the existing northbound right turn lane. I'm going to slide this forward for a second. Down south is the U-turn bay that's here right now that's in our design plans. We've just got an estimate today. To move it north is about $73,000, and we're going to get the credit back for that pavement, so Jay Ahmad will be looking into that. Now, if we do the compromise that Mr. Jim Banks and our engineers said works and is safe and everybody's willing to sign and seal, it would move this turn lane to the north and it would pocket into an extension of this right turn lane. Page 86 February 10,2009 Everybody agrees that's the safest and best way to go. The cost of that could range anywhere from 150- to $300,000. You won't know that cost until you go through the permitting process for that turn lane with the Water Management District. We believe that's a fair compromise and that works, and both engineers on their end and our end said that's the right thing to do and that would be perfect in ideal situations. Our engineers are not comfortable providing a shorter turn lane. They're not comfortable because when they've done the queue analysis and they talk about opposing traffic and they'll tell you all a bunch of engineering speak, and they can do that, that they don't feel __ they don't feel comfortable providing that shortened turn lane. They do feel comfortable doing that alternative. And I go back to what I brought up to you before, again, is the history. Doing this change now under construction means we have to tell the general contractor now that's running the job to stop, which he's going to ask for delays. He's going to ask for additional money. And right now we are not funded to do things like that. So if the board feels that that's something we should look into, the question comes up of money. And when we met with Forest Glen, we've said, in fairness to you, we'll work with you. Maybe the board can look at different alternatives for payment. But we don't have the fiscal dollars to do that. And since we've gone through this, you know, design process where we've had public meeting after public meeting, to do it while we're under construction is a burden to the county . And if we do this now, Commissioners -- this is the concern I have because we're in the planning department -- we hold these public meetings, we try and make it very clear to people that it's significantly easier to make a change while we're going through the design process than to put the brakes on and make that change when we're in construction. Page 87 February 10,2009 So you've looked at the scenarios. We agree with Mr. Banks, that's the right way to go. What we don't have is the funds to pay for that. And we think there's been ample opportunity to talk about that in advance. So if it's something you'd like to see, the question is, who pays for it. They mentioned they're going to assess their homeowners 10,000 a unit to modify their golf course and their clubhouse. To pay for something like this, you may be looking at $50 a year for the course of three or four or five years to pay for that. It pales in comparison, whereas, the county might be looking at that cost up front, lump sum, 200- to $300,000. So with that I'll answer any questions you may have. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, Nick, I was at that meeting. I think our map at that time was over a ten-year period that it was going to be about 40 to $50. We looked at the short-term, but it was going to be quite a financial burden. But, of course, what I'm hoping is that we can hold community meetings to be able to discuss this option. The problem with it is, is that you do have to get a permit to be able to go forward, and water management could take any period of time to go forward. Meanwhile, you can't be holding everything in limbo while the contractor sits out there because there's going to be a fixed cost with it. How does that figure into it? I mean, if we told the contractor not to do anything till we got a permit and extended the bank out and extended the right turn area there, what kind of time would be involved, what kind of money? Do we have any idea at all? MR. CASALANGUIDA: Two things. The contractor right now is asking for a written hold order, which means he wants something in writing from the county that says, stop working on turn lane. And what he's going to do with the written hold order, he's going to ask [or damages in return in the end. Page 88 February 10, 2009 Estimates to do that are going to range anywhere from -- the turn lane to modify it and building that new turn lane, from 150- to $300,000. You won't know that dollar amount until you permit that project, and that permitting process could take anywhere from six weeks to six months to go through that. COMMISSIONER COLETTA: Okay. MR. CASALANGUIDA: So our recommendation is you don't change anything now because you are going to incur costs as of today if we stop or change anything right now. COMMISSIONER COLETTA: Well, what would be the throw-away cost if you build that turn lane where you originally were planning to build it and then have to come back and modify it, you know, at the community's direction, to be able to have it so it's a short, wide turn into their stacking lane going into their community? MR. CASALANGUIDA: In the median, it you were to take the existing turn lane and slide it north, our estimate was about $73,000. And maybe Jay, who's got some estimates that came in this morning, could expand on that a little bit. MR. AHMAD: Madam Chair, Commissioners, Jay Ahmad, for the record. The -- if I may, the estimates to do the median left turn lane here, the U-turn, is $73,600, a change order that was just received this morning from Better Road, the contractor on the project. There's no estimates to do the right turn lane extension though. We -- that is not designed and would require permitting if it's allowed at all by the permitting agency. COMMISSIONER COLETTA: Okay. So what you're saying is, is that you can't just punch that turn in there? If you do, what would happen? I mean, if you punched it in, we're looking to bring it out, and then went back to get the permit for the bank and to be able to widen the lane, show me on here with a pen or something where you would be coming out against what it looks like today or what it would Page 89 February 10,2009 look like today. MR. CASALANGUIDA: Commissioners, today you have a scenario where the turn lane is in green or yellow here. COMMISSIONER COLETTA: No, I understand that. MR. CASALANGUIDA: Okay. So by sliding it north, you're going to take that same dimension of 500 feet, slide it to where my hand is -- my two fingers are now in orange, or red, and then you would extend the northbound right turn lane right there. COMMISSIONER COLETTA: Just for discussion purposes, suppose we didn't expand the turn lane on the -- what is that, the -- MR. CASALANGUIDA: Southbound left turn lane. If you went with their proposal to do a shorter turn lane? COMMISSIONER COLETTA: Yeah. Well, no, no. I know you can't do that. You've been -- and one of the things that this commission's not going to do is waive on safety. MR. CASALANGUIDA: No, sir. COMMISSIONER COLETTA: If you can't endorse something and tell me that there's no safety issue, then -- if there is a safety issue on it, then we're not going to go with it. We never have in the past eight years. MR. CASALANGUIDA: Agreed, sir. COMMISSIONER COLETTA: You're saying that there would be an issue if -- slide down a little bit farther. Now, if you put that turn lane in and you didn't have the stacking lane match up with it to be able to be done after the fact, what would be the outcome? MR. CASALANGUIDA: The issue that we've discussed -- and Mr. Banks has agreed with this as well as our engineers -- by sliding this forward without putting that in, now you're not giving the driver enough time to make that turn and get into that turn lane accelerating to move his way in. That's why you want to keep the turn lane to the south if you're not going to pocket that right turn lane to the north. COMMISSIONER COLETTA: In other words, you have to Page 90 February 10,2009 travel across one lane to get to the lane that's going to allow you to turn in? MR. CASALANGUIDA: By making that turn lane, you're going to accelerate and get into traffic and then get back into your right turn lane. COMMISSIONER COLETTA: Okay. Let me ask you the question. This present scenario that I mentioned where the turn lane would be put in and then the stacking lane wouldn't be there for God knows how long, you know, six months to a year or whatever, would transportation be able to endorse that as -- or would they have a problem with it because of safety issues? MR. CASALANGUIDA: It would be a safety issue ifthere wasn't a committed -- commitment to put that in. And so, my recommendation would be is that you'd want to permit these things at the same time so that we would know, in fact, you would get the southbound left and the northbound right modification done. So for us to move it right now and then hope that we could permit that, would put us in a condition that I don't think we'd feel comfortable with, sir. COMMISSIONER COLETTA: Okay. Well, the question comes back to, would you come out and make recommendations because of safety not to do it? Is that what you would do? MR. CASALANGUIDA: I would, sir, and I think the engineers would say the same thing as well, sir. And if you would like to have them speak on the record, I'm sure that they're willing to. COMMISSIONER COLETTA: Yes, I would. As a matter of fact, I would. We heard all sorts of claims today from the consultants, a consultant and a member of the community, regarding -- with very good credentials regarding this particular issue, and I'd like to hear from transportation staff on this. MR. GRAMER: Commission, for the record, Bill Gramer, Senior Project Manager and Vice-president of Transportation for CH2M Hill. I was the project manager for this project. Page 91 February 10, 2009 What's being recommended in the southbound condition, shortening up the southbound left turn lane in this area over here, does not -- does not provide enough queue distance for the amount of cars that will be making that turn and to the amount of time that they will have to be waiting for the gap for the northbound traffic. And as traffic increases in the northbound direction in those three lanes, the amount of time that those cars will be queued up there will increase also. COMMISSIONER COLETTA: What about the factor, the time factor that we've heard mentioned several times about your numbers being way off as far as the amount of traffic you'll be seeing in the near and distant future? MR. GRAMER: Well, that's for -- mostly that discussion is for the dual northbound turn lanes. For the southbound left turn lanes into the Forest Glen community, that traffic exists today. And so it's -- that traffic will not get worse and increase in the future. It's the northbound traffic actually traveling on Collier Boulevard which will cause the situation that you just discussed. The gap -- there will be more traffic traveling northbound, and so the wait traveling southbound left will be increasing as time goes on. COMMISSIONER COLETTA: Okay. Could somebody put into some sort of terms how a whole scenario of events could unfold that would, over a reasonable period of time, offer the residents of the community a turn lane such as they're looking for; what would have to take place for that to happen? MR. CASALANGUIDA: I think today what we've offered with the community is to say, because we're in a situation right now that's -- with our contractor that anything we change now is damages or concerns as change orders. For us to continue as planned because we're in a situation, you're not going to know in two weeks or four weeks about that northbound right turn lane, they would continue to work with Forest Glen and the Water Management District to go Page 92 February 10,2009 through the permitting process as support from the county, that if they can come up and get this turn lane permitted, that we work with them to include it as a change order to our project sponsored by them at a later date. Now, we had discussed an MSTU-type scenario where, if that was done -- COMMISSIONER COLETTA: Explain MSTU for the people that are here. MR. CASALANGUIDA: Municipal services taxing unit. It's where you would get together and agree to pay for this over time. COMMISSIONER COLETTA: Something similar to a property owners association assessment? MR. CASALANGUIDA: Exactly. And I think they could get to the point where at least they know. Right now we can't tell you what the cost would be, but at least they'd spend some additional dollars to figure out what you're up against and then approach the board if there's a way to do this over time, such as an MSTU. That would be my recommendation. COMMISSIONER COLETTA: Thank you, Nick. MR. CASALANGUIDA: You're welcome. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes, Nick. I heard from the people from Forest Glen in regards to shortening the de-cellane to 390 feet, and our traffic engineer that presently is under contract with us said that this would be detrimental. I think the speed out there is around 50 miles an hour, and they're talking that they'd have six vehicles possibly stacking up in that 390 feet. And that turn lane is basically a de-cellane. So if you have three vehicles, let's say, that are already stopped to make a left-hand turn, and someone else is heading south, there's no way that they're not going to get -- or be in jeopardy of being rear-ended because they'd have to start slowing down in the traffic lane prior to entering into the Page 93 February 10,2009 de-cellane or the stacking lane; is that correct? MR. CASALANGUIDA: Commissioner, that's correct. And 240 feet of that is taper and de-cel. The rest above that is storage. And when you get into a six-car queue, we all believe -- and three engineers or actually four that have looked at it said, we're not comfortable providing more -- less than an eight-car queue or nine-car queue in that analysis. So Mr. Banks has said, look, we've done some analyses of what we looked at. I mean, you know, about three to five cars could get in there. You're right, 240 feet of that is taper and de-cel, which is not storage, so -- COMMISSIONER HALAS: The other thing that concerns me is that there were a number of meetings scheduled, neighborhood information meetings, February 28, 2005, September 29, 2005, another one at May 22, 2006, and then there was a meeting January 14,2004, by the commissioner of that district, Commissioner Coletta, and Don Scott. And there didn't seem to be any problem until now. We're to the point where we're in construction. Can you tell me -- there was a statement made that they haven't started that construction, but I was out on that road Friday -- or Sunday evening. And where are we as far as the construction, what percentage -- MR. CASALANGUIDA: We're under construction. I'll let Mr. Ahmad give you a detailed update. MR. AHMAD: You heard last meeting from the Better Roads presentation about the construction of that project. The project has been in construction since 2007. That area, as a matter of fact, I stopped the contractor about three weeks now. COMMISSIONER HALAS: You stopped the contractor? MR. AHMAD: Yes, indeed. COMMISSIONER HALAS: Who's paying? MR. AHMAD: The contract with Better Roads has been stopped Page 94 February 10,2009 to address this issue so we don't have throw-away issues like curbing and medians. So I'd really appreciate a decision today one way or the other. COMMISSIONER HALAS: Well, obviously it's costing us money, all the taxpayers money. MR. AHMAD: Yes, indeed. If you do make a change and go make that U-turn as shown in red, that will cost you 73 thousand dollars, 600 -- 73,600. COMMISSIONER HALAS: Yeah, and I think there's some other costs involved here. So if we make that particular change and then extend their right turn lane in, we're looking at additional costs. Was that including if we have to shore up the canal? MR. AHMAD: That -- the 73,000 just for the left turn lane southbound. Additional possibly, Nick said about 150- to 200-. That's a reasonable estimate for shoring the canal and filling in that lake in front of them. COMMISSIONER HALAS: Okay. The other question I have is, I believe there's two entrances to this community; is that correct? There's one off of Beck Road? MR. AHMAD: Yes, sir. COMMISSIONER HALAS: Okay. My concern is, let me tell you a scenario or what happened to me Saturday -- or Sunday evening driving northbound on 951. There were two vehicles that were in the left-hand turn lane to go into Forest Glen. One vehicle cut across traffic, cleared it. The second vehicle tried to follow that vehicle. The car in front of me had to slam on his brakes so he didn't T -bone him. I have concerns that if we have that much traffic going into this community, the next thing we're going to have to put up with is a traffic light. And I think we already got a traffic light down at Beck Road, and they have an entrance at Beck Road; is that correct? MR. CASALANGUIDA: You have a traffic signal at Davis and 951. Beck Boulevard is unsignaled, but it's a back access point that Page 95 February 10,2009 takes you to a signal. COMMISSIONER HALAS: Okay. So if they went that way, the story about burning extra fuel, that would save in regards to their concerns about the extra mileage travel because of the U-turn and all this other stuff; is that correct? MR. CASALANGUIDA: From the northbound direction, that's correct, sir. THE AUDIENCE: No, that's not true. COMMISSIONER HALAS: And how much -- and how much-- how much has the homeowners association offered in these changes? MR. CASALANGUIDA: They've offered approximately $10,000 to make a change, and that was -- they still have to bring it to their board. But to make sure I'm clear with homeowners, because we don't want to misspeak. If they're traveling northbound, then they're going to make a right-in, right-out. If they're going north on 951. COMMISSIONER HALAS: Yep. MR. CASALANGUIDA: Where the median doesn't make any difference. So if you're traveling northbound, you're going to use a right-in, right-out. If you're traveling southbound, when you're coming from the interstate, when you're coming from Davis Boulevard, you can go straight across to the back Beck entrance depending on where you live in Forest Glen. It depends on where you live in Forest Glen will be the dimensional, you know, difference between how you get in there, in fairness to you and us. COMMISSIONER HALAS: So we're looking at better than $400,000 possibly for all these changes, and they want me, the taxpayer, to pay for these changes, and it basically benefits their community. I've got a real problem with that. THE AUDIENCE: We have a road over here. We're taxpayers, too. Page 96 February 10, 2009 Change the road. We're taxpayers, too. CHAIRMAN FIALA: Okay, excuse me. I'm sorry. COMMISSIONER HENNING: Take a break. CHAIRMAN FIALA: Well, we won't take a break now, we've got six minutes left and we have a couple other speakers or a couple other people to question, and then if we can't make the decision now, we'll have to come back and make it after lunch. So Commissioner Halas, you're complete? Commissioner Henning? COMMISSIONER HENNING: I'm kind of confused what you're trying to accomplish here. Is it going to be a left turn into the community or a shorter U-turn into the community? MR. CASALANGUIDA: It's the same length of left turn. It's a left turn into their right turn lane. So once you make that left turn heading southbound, you're not pulling into the through traffic making that 180-degree turn. You're actually pulling into your northbound right turn lane. That's the perfect scenario that they agree and we agree is the perfect way to go. THE AUDIENCE: It's a U-turn instead of a left turn though. COMMISSIONER HENNING: Well, you know, we're not getting anywhere with people in the audience talking, and I'm afraid that we're going to be taking a lunch break and having to deal with this later on. So thank you for answering my question. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: My question has been answered, thank you. CHAIRMAN FIALA: Okay, fine, thank you. Well, we've got most of our questions. And I'll just say, 1 -- I see that there is another way to do this, to work with the community. Is there a way to do it in a lesser amount of dollars? If they can -- maybe if there's a way that Page 97 February 10, 2009 they pay half through an MSTU and we work with our road building department to -- being that we're just shortening it and changing it, there's got to be some money saved being that you're shortening that, and maybe there's a way to modify some of those costs. Maybe -- of course, we're estimating 150- to 300,000 as far as the bank goes, but now with things reduced, as far as labor goes, as far as many of the other things, that might not even come close to that. Is there a way that we can come to a compromise so that we work with these people as well as we maintain the safety, integrity, of that road? MR. CASALANGUIDA: I think we have, and I think what we can offer to these people is that we'll be hand in hand with you to the permitting agencies and, you know, try and minimize the costs with our construction contractor. But any change to the currently bid design will incur costs to the county. And it -- just as a caution, we just talked about impact fees and dollars coming in. We're getting in a situation where we're scrutinizing every little minor change, and direction from our boss, Norm, to me and Jay is, no change orders unless you can justify them. I mean, that's -- CHAIRMAN FIALA: I understand. We also talk about the future of this community forever after, and we're talking about a few dollars. I know what happened with Eagle Creek, and it still pains me every time I see that that was such a poor decision on our part, and now they have to live with forever after in trying to get across three lanes of traffic to turn. It's -- so I'm thinking there's got to be another way. Commissioner Coletta, do you have a motion there? COMMISSIONER COLETTA: Yeah, I certainly do. I make a motion that we go forward with the plans as they are presently laid out and that we start working immediately with the Forest Glen community to see what we can do to modify this in the very near future to be able to provide for them for that modified U-turn that will Page 98 February 10,2009 allow them access directly to their property. CHAIRMAN FIALA: Okay. Do I hear a second? I'll second the motion. COMMISSIONER HENNING: Just a clarification on the motion. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Who's the costs going to be borne on? COMMISSIONER COLETTA: That discussion is going to -- I think Commissioner Fiala had a wonderful idea of the fact that we look at a cooperative agreement. Whatever we can do from the county's end that would not trespass against the taxpayers, as Commissioner Halas mentioned before -- CHAIRMAN FIALA: Sure. COMMISSIONER COLETTA: -- to be able to come up with some sort of fair-share type of deal that we -- anything we can possibly do to take part of the burden off it to be able to work this as a collaborative agreement to be able to reach a final -- CHAIRMAN FIALA: Even if they've been there ten years already. You know, it's not like something-- COMMISSIONER COLETTA: But whatever happens has to come back before this board again, and it's going to take a couple meetings, and we've got to find out all the particulars and we've got to find the willingness of the community to go forward. CHAIRMAN FIALA: And they've paid $18 million in impact fees, right? MR. CASALANGUIDA: Yes, ma'am, for capacity improvements, not access improvements. They've very different. Just so I'm clear, we're going to proceed with construction as planned. We're not changing our construction project. But on the second part of your motion, are you asking us to expend county dollars to do design and engineering with those folks or just to work Page 99 February 10,2009 with them to see what it would cost under their dollars to do the design and engineering? COMMISSIONER COLETTA: Work with them, but come back to the commission with a couple of different options. MR. CASALANGUIDA: Okay. COMMISSIONER COLETTA: Okay. Leave all the options open at this point in time, and then come back and tell us what you've found out, and then we'll try to find some way to be able to make it work for everybody concerned. CHAIRMAN FIALA: Like, for instance, the shortening of it; $73,000, that's practically nothing. I'm sure that you can split the cost and at least shorten it right here and now so you don't have to go back and modify it where it will cost a lot of money. COMMISSIONER COLETTA: And that won't work because you still have to do the modifications to the bank or else they're not going to sign off on it because of safety reasons. And therein lies the whole problem. If it wasn't for the fact that stupid canal was where it is, this wouldn't be the kind of issue that we're looking at. MR. CASALANGUIDA: I don't -- I'm trying not to get in the circle of coming back to you on this multiple times without making sure I have clear direction from the board. It's to proceed construction as planned, so tell our contractor, just build what you have on your plan set, to work with the community to explore options in trying to find some of those costs and what they would be, but not to expend any design dollars, because we have to pay for the consultants to do plans. That's where I'm getting a little lost. COMMISSIONER COLETTA: Well, what I would do, Nick, what I would recommend, is you meet with the community, find out their desires and their possibilities. And mind you, we don't want to keep dragging this out for years on end with back-and-forth deals. We want to come up with something that's going to be a balance and acceptable by the commission, and at that point in time bring it back Page 100 February 10, 2009 to the commission and receive the direction that you need. MR. CASALANGUIDA: Okay. COMMISSIONER COYLE: I have a question. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: You know, if! believe what I've been told in this entire process, there's nothing you can do that will not incur additional costs. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Because you -- if you proceed with construction as it is now, that means you're going to pay for the creation of a left turn or U-turn access and stacking lane further to the south -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: -- and then you're going to try to negotiate with the neighborhood whether they want to pay to do it all over again further to the north. And in order to reach those conclusions, you're going to have to hire someone to do that work, or the staff is going to have to do that work. There is a fundamental issue that has -- in my opinion, that has to be resolved concurrently with this decision by the board; who is going to pay for that? Now, you know, I would suggest that, you know, we have communities all over Collier County who have said they want something different than what we had designed, and they have created MSTUs to pay for that. This is not a new concept. It's happened everywhere. Happens all the time. You know, what's fair is fair, okay? And if the community wants to change the design after we've been involved in working on it for years, then I think the community has to step up and say they're willing to create an MSTU to pay for that. And I would find it hard to support a position that says we, the county and the others taxpayers, will incur all of the costs delay while Page 10 1 February 10,2009 this community decides whether or not they're going to work out an agreement. COMMISSIONER COLETTA: That's -- Commissioner Coyle -- I'm sorry, talking out of turn. May I proceed? CHAIRMAN FIALA: That's fine. COMMISSIONER COLETTA: Commissioner Coyle, we said to go ahead with the present construction. There will be no more delay. The road will be put in as originally planned because of the lateness of the day to be able to get it in place, and then we're going to negotiate with the community to try to come up with several alternatives to be able to see about redesigning it to rebuild this at a future time when we get permits, find out the money thing. The money situation's left open. I'm not talking about this county commission assuming 100 percent of the responsibility. I'm not even asking for the county commission to authorize design plans at this time. It's just -- let's do a little fact finding. There may not be any interest within the community to want to participate if it's going to require even a dollar from the community. We don't know that. COMMISSIONER COYLE: Well, my only problem is that we've been doing fact finding now for some time, okay. But if you will clearly specify in your motion that no additional funds are authorized to be expended on this project by the staff, then I will happily support it. COMMISSIONER COLETTA: I think I basically said that. The only thing I need is staff time to be able to meet a couple times with the community, get their feeling. There's no money that I'd want spent on design because you have no idea what they're going to do, and we don't know the willingness of the community. Whatever has to happen has to come back before this commission again for further consideration. COMMISSIONER COYLE: Okay. I can support that, but you understand that's going to make it more expensive for this community Page 102 February 10,2009 to do anything with it, okay, because it's going to get more expensive every day you continue working. COMMISSIONER COLETTA: Commissioner Coyle, you have got no options. Ifwe stop working now to wait a year and a half or six months until we get break permits from water management, get all the approval from the community, we're going to have a delay cost that's going to -- for the stop of construction that's going to carry on and on and on. COMMISSIONER COYLE: I agree with that. That's what I'm trying to get. I'm trying to get a recognition of the fact that you're not -- this motion will not authorize staff to spend any additional money redesigning this project or evaluating any alternatives except for staff time to meet with the community to see what is acceptable. COMMISSIONER COLETTA: Then bring it back to the commission for direction. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: One of the concerns that I have as we move forward on what the community wants when they come in here at the 11 th hour, the next thing that's going to be on the agenda is they're going to want a stoplight at that intersection so that people can make a left-hand turn if they're telling us that they got 600 cars that are turning into this. And I don't believe that under the guidelines that we design highways for, that this is acceptable. And I will not go any farther on this idea because I can see where this is going to lead us. They've got a stoplight, they've got a rear entrance. And if we leave the front entrance the way it is so that those people can get into their community as they travel northbound, then fine. COMMISSIONER COLETTA: Okay. Commissioner Halas, can I amend my motion to include the fact that we will not be discussing a stoplight? Will that give you enough comfort to vote for Page 103 February 10,2009 it? COMMISSIONER HENNING: Traffic light. COMMISSIONER HALAS: Because I can see where this is leading to. And what I -- what I witnessed Sunday evening tells me that that's going to be the next step in this thing. And if you're stacking six cars as you said you're going to be stacking, if we -- if they have a left-hand turn, then we've got another problem. And I don't feel that we should be jeopardizing -- whether it's the people in Forest Glen or whether it's the people that drive that highway. COMMISSIONER COLETTA: I'm not too sure if! still have a second. CHAIRMAN FIALA: Yes. And then Commissioner Henning. COMMISSIONER HENNING: Commissioner Henning, what time of the day were you traveling 951 ? COMMISSIONER HALAS: It was about 5:30. COMMISSIONER HENNING: After the Seafood Festival? COMMISSIONER HALAS: Yeah, but I -- that doesn't matter what time it was. It was after the Seafood Festival, definitely, and people were making left-hand turns into that -- COMMISSIONER HENNING: I just wanted to see how the Seafood Festival was. I couldn't make it. COMMISSIONER HALAS: Excellent. COMMISSIONER COLETTA: It was wonderful. CHAIRMAN FIALA: Commissioner Coletta, did you want to say one more thing, did you say? COMMISSIONER COLETTA: No. I think we pretty-well covered it. I'm looking forward to working with the community. CHAIRMAN FIALA: We have a motion on the floor and a second. All those in favor, signi- -- COMMISSIONER HALAS: What's the -- let's specify the motion again. Make sure that we've got clear guidance here. Page 104 February 10,2009 MR. MUDD: The motion -- the motion is, continue with the contract as specified under current design, staff meet with the homeowners association from Forest Glen to figure out if we can find an alternative someplace, examine the cost to try to get more specific as far as our estimates are concerned so that we can shorten the U-turn lane, okay, and then work the receiving lane elongated so that people could safely make a left-hand turn and doesn't have to go down as far to make a U-turn to get into southbound to northbound -- MR. CASALANGUIDA: Just to correct the county manager, not to shorten it -- MR. MUDD: And that will come back to the Board of County Commissioners for a decision. COMMISSIONER COLETTA: One further guidance on this whole thing, that when you have that meeting with Forest Glen, that you also invite water management to come and talk about the permitting schedule. Maybe there's some way that that could be expediated and the cost of it reduced. Who knows. MR. CASALANGUIDA: Happy to do it. And just to correct the county manager, not to shorten it, to relocate it and adjust the northbound right turn lane. Thank you. CHAIRMAN FIALA: And no stoplight. Okay. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Yeah. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? Aye. Thank you. MR. CASALANGUIDA: Thank you, Commissioners. CHAIRMAN FIALA: We will break for lunch. Page 105 February 10,2009 COMMISSIONER HENNING: What time you want us back? CHAIRMAN FIALA: 1: 1 0, back. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. CHAIRMAN FIALA: Thank you. And we are back in session. Item #7 A RESOLUTION OF DENIAL 2009-36: CU-2006-AR-I0925, BASIL STREET PARTNERS, LLC, REPRESENTED BY CLAY BROOKER, ESQ., OF CHEFFY, P ASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING A CONDITIONAL USE (CU) FOR A PASSIVE RECREATIONAL USE IN THE AGRICUL TURAL (A) ZONING DISTRICT, AS SPECIFIED IN SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC). THE SUBJECT PROPERTY, CONSISTING OF 4.32 ACRES, IS LOCATED AT 10111 AND 10121 KEEWAYDIN ISLAND, IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA- ADOPTED MR. MUDD: Commissioner, our next item would be 7 A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2006-AR-I0925, Basil Street Partners, LLC, represented by Clay Brooker, Esquire, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting a conditional use for a passive recreational use in the agricultural A zoning district as specified in Section 2.04.03 of the Collier County Land Development Code. The subject property consisting of 4.32 acres is located at 10111 Page 106 February 10, 2009 and 10121 Keewaydin Island, in Section 14, Township 51 south, Range 25 east, Collier County, Florida. CHAIRMAN FIALA: Thank you very much, Mr. Mudd. First of all, do we have to swear our people in today? COMMISSIONER HALAS: Yes, we do. MR. MUDD: Yes, ma'am. CHAIRMAN FIALA: Okay, fine. First I will ask for our commissioners' ex parte. We'll start with you, Commissioner Coletta. COMMISSIONER COLETTA: Thank you. On 7 A, I had meetings, correspondence, emails, and the last meeting I had -- I mean, this goes over a span of time that's unreal -- was on 2/9, I had a meeting with Mr. and Mr. Van Dongen -- did I pronounce it right -- and lots of correspondence and emails, tremendous amount of emails. It's all in my ex parte folder if anyone would like to see it. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I've had voluminous amount of correspondence on this issue. Anybody wishing to look at my correspondence is free to do so. I've had emails, written correspondence, and phone calls. I've had no meetings on this rezone. I did briefly talk to Clay Brooker while coming in the room. CHAIRMAN FIALA: Okay, thank you. Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, I have had correspondence from virtually everyone in the entire county. Here it is, folks. And I want to tell you, I read every single word in this. (Applause.) COMMISSIONER COYLE: And I have met with Mr. John Donahue and Chris Sodd (phonetic), Nicole Ryan, Dr. and Mrs. Van Dongen, I've had emails and telephone calls, and it's all in my public records folder. Page 107 February 10,2009 CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: I also have had probably three quarters of the people of Collier County and almost all the people from the City of Naples come in to me or else have sent me emails, and I understand that I'm still getting emails coming in as we speak. But I've had meeting with Tony Pires. That took place back as far as the ninth month, 18th day of'06. I've had meetings with Tony Pires and Dr. John Van Dongen, Keewaydin POA, and that was 10/13/05, and I've had meetings, correspondence, emails, telephone calls, you name it. And if anybody wants to look at any of my ex parte, they're more than welcome. It's here. Thank you. CHAIRMAN FIALA: Thank you. I, too, have quite a bit of ex parte here that will be on file for everybody's perusal, and they -- recorded in here are all of the meetings, the correspondence, the emails, and the telephone calls I got, but specifically Annette and John Van Dongen, Mike Bauer, Tony Pires, Nicole Ryan from the Conservancy, and also I attended a meeting at Rookery Bay that discussed this very item. And I think that -- and I've spoken to staff about this as well. Thank you. Also with everybody in the audience, first may I ask you, if you have a telephone in your pocket, if would you turn it off or put it on vibrate. Second of all, as of now, please turn in your speaker slips if you have not done so. If you have, that's it. We will not accept any more speaker slips. Here's how we're going to do this. First we're going to hear from the presenter, then we're going to hear from staff, then we're going to hear from the speakers. I ask that you keep your speech within three minutes. I will -- I will adhere to that. If you have something that you agree with that somebody else just said, rather than say it again, say I -- you know, Page 108 February 10,2009 you come up, you know, I agree. That will kind of keep it under control. Can you tell me, please, how many speakers are registered? MS. FILSON: For 7A, 13. CHAIRMAN FIALA: Thank you very much. So three minutes, 13, that's 39 minutes. COMMISSIONER HENNING: Swear in. CHAIRMAN FIALA: And -- okay. Thank you very much. My assistant, thank goodness I have him. Would you swear in the audience, please, for all those who wish to speak on this item. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay, very good. And we shall begin with the presenter. MR. HALL: Good afternoon, Commissioners. My name is Tim Hall, for the record, with Turrell, Hall & Associates. And I'm going to try to walk you through a brief summary of the project and how we got to where we are today. I'm going to use the visualizer quite a bit. Hopefully it's -- what you've got here is a representation of Keewaydin Island with the pass up to the north here, and then the Hurricane Pass down to the south. The little red dot there about two-thirds of the way down the island is the actual subject property. Blown up a little bit higher, or a little bit more, the two lots in question side by side. As was stated earlier, they comprise a little over four acres. What this drawing shows is the vegetative associations that are out there now, about half of the project property is wetlands and mangrove wetlands. There's an existing dock out on the waterway. And then coming towards the beach, you go through a palm hammock area to the coastal scrub and then to the beach itself. The proposal is to do a small beach shelter out on that interface Page 109 February 10,2009 between the palm hammock area and the coastal scrub. The project originally started out much larger, much more intense. It was a larger building, air conditioned, able to support 56 people through the preliminary meetings with the EAC and the Planning Commission. There was a lot of discussion and back and forth that that was too many people. The -- the applicant took the project back under review, scaled the building down almost two-thirds to where it is now, about an 800-square-foot facility, went through the EAC and the planning process -- Planning Commission process again. At the second Planning Commission process, there was some issues raised about the dock and getting people out to the docks, since it was originally permitted as a single-family facility. Since that time, from the last Planning Commission meeting, discussions have been underway with the Department of Environmental Protection, an application was submitted and has been -- is in the process or being processed now for the possibility of converting the use of that from a single-family slip to a commercial slip which requires a submerged land lease and all which would allow them, the Basil Street Partners, to bring people out to the facility and use that as a -- as a drop-off point, instead of a single-family use. So that has been underway. There are a couple of outstanding issues still with DEP. One of them was that they wanted to actually see that the Collier County Commission approved this use before they would grant that request. So we're kind of in a Catch 22 in that the county wants to see DEP's approval first and DEP wants to see the county's approval first. We have given them the staff report for this meeting that shows that in the staffs opinion anyway the project is consistent with the comprehensive plan, and DEP is currently reviewing that information to see if that's enough to satisfy their requirements. I'm up here speaking because most of the issues that have been raised have been with the environmental nature of the site and the Page 110 February 10,2009 potential impacts associated with that with the project. What this exhibit right here shows is how the building was located around the features that we felt needed to be protected. The mangrove forest and fringe out there has an existing trail pathway through it, which is going to be, of course, maintained. The dots that you see on the project are gopher tortoise boroughs that were located out there, and the building was actually situated so that none of those boroughs would have to be disturbed in the construction of it and operation. The boardwalk, as you see, goes all the way from the dock to the facility and out to the beach. That was to keep people confined to the boardwalk so there wouldn't be people all over the project site. And as a result of this design, you get a project which has a very, very small development footprint and a very, very large preserve area. Ninety-five percent, approximately, of the site would be preserved. A couple of different conservation easements, one -- to Rookery Bay or to DEP, one to the county to meet the Land Development Code and Growth Management Plan preservation requirements. The facility itself, kind of a blow-up here. And what you see is a dark red, which is the actual building footprint, the septic system and drainfield associated with that, and then the yellow around it is temporary impacts that would need to be -- that -- areas that would be impacted with the construction of the building and all but then would later be restored after that and would be included in the -- in the preservation, you know, and native vegetation retention on the project site. One of the other issues that came up was the compatibility of this project with the overall -- you know, the overall island nature, I guess. And one of the things that makes this project unique is that it is not immediately adjacent to any residential property. The closest property to it is a thousand feet away to the south. To the north is state lands. Immediately to the south is also state lands. So it is a -- Page 111 February 10,2009 buffered and limited in terms of its ability to impact any of the neighborhood residences because it is separated from all of those and not in the midst of them. And because the state lands are to the north and south, there also wouldn't be future encroachment of residential buildings into it like an airport noise zone where you have the airport built, people build into it and then complain about the noise. This couldn't happen here because it's already separate from those, and that wouldn't be a -- that wouldn't occur. In going through the island itself, we saw that there were approximately a hundred parcels on the island. About half of them are owned by the state and half are in private ownership. Of that half that's owned by the state, it actually comprised about 75 percent of the island. So there is, you know, already that large component that is being preserved. And in our opinion, the 95 percent of preservation associated with this links those properties to the north and south and maintains any corridors for wildlife and that kind of thing that would be associated with those. One of the other things that we were asked to look at in terms of the impacts associated with this and with this request was, if this wasn't approved, it's two single-family lots. So two single -- two families could actually be out there, could be built out there. So we looked at different housing footprints and all and did a brief little kind of overlay of if there were two single-family residences built out on this island or build on these properties, what they would look like. These are conceptual only which show the actual area is footage, which is about, between 2,500 and 3,000 square foot per house. There would probably be a couple of levels so you'd have, you know, expanded footprints there. These drawings don't show the drainfields and all that would be associated with them. But you can see that just the footprint of the Page 112 February 10, 2009 buildings, you'd have to have two docks. You'd have to have two boardwalks accessing them and all, and the extent of impacts becomes much higher -- you know, it approaches the limits that are allowed in the Growth Management Plan, which is about 10 percent of each lot for each house. So you'd have -- you know, instead of the 95 percent preservation, you'd have a smaller number. And then what I did was take that same drawing and overlaid the beach facility, and you can see that this little yellow square right here is actually what's being proposed in terms of the vegetation removal and impacts associated with this project. So given all of that, in terms of how the building was -- was located on the island and all, then we looked at the -- okay, the operations aspect of the facility. People are concerned that there will be unrestricted access and a hundred people running around out there. So the applicant worked with Rookery Bay to come up with a management plan and an operations plan, operations manual for the facility in which all of the do's and don'ts that are associated with operating the facility are outlined. And among some of those that are most pertinent are the limitation that only 20 people at a time can be out there. The original facility had some food preparation area and all associated with it. That's been completely removed from this. One of the early versions had air conditioning and all, which has also been removed. This is now just a roofed structure. The 20 people -- only one vessel is associated with bringing people in and out. There are educational programs that could be presented to the people on the way out there, so Rookery Bay would kind of have a captive audience for some of their programs to be presented there. The policing of the beach and of the facility, you'd have a property with people out there. There would be somebody associated Page 113 February 10,2009 with the club there every day as long as people are there that would be in charge of actually policing and enforcing all of the rules there that are associated with it. No overnight garbage storage or anything. Everything that's brought in on a daily basis is removed at the end of the day. No lighting at night, so it's a dusk-to-dawn facility only. You'd have no -- no nighttime activities or lights or anything else going out there, which also is quite a difference from a residential project where you would have generators and air conditioning and that kind of stuff but, you know, to the extreme extent, potentially running all night. So the entire structure is elevated. The structure itself is on pilings. The boardwalk is elevated, so -- and so like I said earlier, you've got people that are confined just to that area. They would be utilizing the dock, the facility, and the beach, whereas in -- so the rest of the property would be left in its natural state. We have also made the commitment to look at the possibility for using solar power for the lighting and all out there so that the generator -- running the generator can be minimized. That's not my field of expertise. I know that that stuff is possible and it depends on the actual power requirements of the lights that are eventually used out there and whether or not that would be -- you know, that would be needed to run the fans or if that would be sufficient to run the fans. The generator would still be there as an emergency backup. There would be -- in keeping with the emergency theme, there would also be radio and cell phone service on the -- at the facility the entire time people are out there. So if there is some type of emergency, the authorities could be notified, and help could be gotten to them as quickly as possible. So that's about all I had to say about the project. I know staff has looked at it, compared it to the Land Development Code, the Growth Management Plan and found it to be consistent. We agree with their determination and believe that given the fact that the project has gone Page 114 February 10, 2009 through the public vetting process, substantial changes have been made to try to accommodate the concerns raised by all of the parties and that staff has reviewed all of this, found it consistent. Rookery Bay has coordinated with them in terms of the operations and management plan, and we'd just like you to give it a favorable consideration. Thanks. CHAIRMAN FIALA: Thank you. COMMISSIONER HENNING: Question? CHAIRMAN FIALA: Do you want to ask him one right now? Okay. I'll just have staff next. MR. MOSS: Good afternoon, Commissioners. For the record, John David Moss, Department of Zoning and Land Development Review. As Mr. Hall pointed out, staff did review the proposed passive recreational facility and found it to be consistent with the conservation designation of the Future Land Use Element of the Growth Management Plan and also with the conditional use criteria in the agricultural designation and the special treatment overlay. The Planning Commission heard this petition at its July 19, 2007, hearing, and voted 6-3 to forward it to the Board of Zoning Appeals with a recommendation of denial for the reasons that have been outlined in both the executive summary and the staff report. Staff is recommending approval of the project subject to conditions contained in Exhibit D of the proposed ordinance, and I'll be happy to answer any questions you might have. CHAIRMAN FIALA: We'll first go on to the speakers, and then we'll get to the questions. Would you call the speakers, please. MS. FILSON: Yes, ma'am. Darin Seller. He'll be followed by Zoe Kerns. CHAIRMAN FIALA: And Zoe, would you come up and kind of like stand at ready? Thank you. Page 115 February 10,2009 MR. SELLERS: Good afternoon, Commissioners. My name is Darin Sellers. I stand before you today as a voice of an island, Keewaydin Island, and also as the voice of 2,700 members who form the group Save Keewaydin Island. I have a petition of nearly 600 signatures that I would like to submit to you. Of course, I walked up here without it. CHAIRMAN FIALA: You can just give it to the county attorney. MR. SELLERS: I'm a little nervous. I'm sorry. CHAIRMAN FIALA: That's all right. It's okay. MR. SELLERS: We are not a group that wants to restrict access to the island. As a matter of fact, we would encourage anyone with the will to get there to do so. They will enjoy a memorable experience on a beautiful island which has remained untouched and in its natural state while the world around it has exploded with development. It is this natural state which we wish to preserve, for once it is lost, it is gone forever. We think this will inevitably lead to the loss of an island that is a rare jewel, the type that gets more rare every day due to encroachment by development. Having grown up here and having seen countless natural habitats lost to development in my 41 years, I know the danger that faces this island today, which is why I implore you to vote no rezoning. Thank you. MS. FILSON: The next speaker is Zoe Kerns. (Applause.) MS. FILSON: She'll be followed by Nancy Mooney. CHAIRMAN FIALA: Nancy Mooney, would you come up. Thank you. MS. KERNS: Thank you, Madam Chairman and members of the Board of County Commission. My name is Zoe Kerns, and I am an active member representing Page 116 February 10, 2009 the group Save Keewaydin Island. We have close to 3,000 members with the same voice, and we're all fighting for the same cause, the cause being, say no to development -- say no to development on Keewaydin Island. My reasons are this: Keewaydin Island has been like a second home to so many of us. And when I say us, I am not only referring to the weekend visitors of past generations up to now, but to the community of fishermen and crabbers who have made their living for generations in the surrounding waters. This is not just a fight for recreational access. It is also about people's hard-earned livelihoods. And to me, the development of this pristine barrier island would have an enormous negative impact for all involved except, of course, the developers themselves. I agree with many of my SKI members that any development of the island will set an ugly, ugly precedent, as we have all seen the development skyrocket in this city and this county, and Keewaydin is no different. If you do not vote no to the rezoning now, when will it ever end? All developers will want a piece of the action, and this is reprehensible in my mind and in my heart. Although the State of Florida owns 86 percent of Keewaydin and the remaining 14 percent is privately owned, that 14 percent does have endangered species living there, such as gopher tortoises, indigo snakes, scrub jays, and various flora and fauna. Obviously development, no matter where on the island it may be, that development is going to be extremely and extraordinarily detrimental. I beg of you, County Commissioners, to please vote no on this extremely important issue. Keewaydin, as an island, cannot speak for itself, but the generations of families, fishermen, visitors and nature lovers who love and respect Keewaydin can, and we are. And this is the sole reason we are here today opposing any development on Keewaydin. Thank you so much for letting me share Page 117 February 10,2009 my voice and my passion for this cause. Thanks, County Commission. (Applause.) MS. FILSON: Next speaker is Nancy Mooney. She'll be followed by W. Willkomm. MS. MOONEY: Hello. Thank you, Madam Chairman and Commissioners for this opportunity to speak. My name is Nancy Mooney of Naples, and I strongly oppose the petition by Basil Street Partners for a conditional use permit to build the commercial beach pavilion on Keewaydin. Please vote no to any zoning changes on Keewaydin. Construction of this proposed beach club would result in far more incentive use of the island than is currently allowed, and it would set a precedent allowing other developers to build private commercial clubs on this fragile barrier island. Furthermore, a scaled-back plan has already been rejected by the Planning Commission and the Environmental Advisory Council. And I believe the Board of County Commissioners should also vote no. Keewaydin Island is irreplaceable. Please vote no. Thank you. (Applause.) MS. FILSON: W. Willkomm. He'll be followed by Marie Barnett. MR. WILLKOMM: Thank you, Madam Chairman and County Commissioners. Thank you again for your service to the community. I'm here today as a long-term resident of Collier County and as a representative of the Naples City Council. I'll cut to the quick. I don't want to -- I know your time's valuable. The City Council of Naples would respectfully request that this petition be denied and development not go forward on Keewaydin Island. Thank you very much. (Applause.) MS. FILSON: The next speaker is Marie Barnett. She will be Page 118 February 10,2009 followed by Anthony Pires. MS. BARNETT: Good afternoon. My name is Marie Barnett, and I have two degrees in architecture, a bachelor of environmental design in architecture, and a bachelor of architecture. I've been a Collier County resident for 20 years and designing homes on Keewaydin Island on ten years now. I'm totally against this project. I think it's important to remember that the EAC has turned down this project with prejudice. There was a lady that came to the planning board commission from the EAC that was so against it that she physically came to that meeting to say how much she was against this project. That's unprecedented. That's two for two. We're going -- we're going for number three here. So the main problem that I see with this project is that you cannot control it. Building out on Keewaydin Island has it's own inherent problems, and unless you're a 100 percent sure that you've got everything figured out, you can't go out there and build. And this is too complex, has too many issues with it to even try to go out there and build in the first place. There's -- the one question I have is with the septic. How large is that going to be for 20 people 24 hours a day on and on and on? You know, what happens when there is a hurricane and water comes out there? What happens to that septic? The fair access is another thing. And then the third thing is that I really think that two single-family homes would have less impact than this clubhouse that the -- its interaction of humans, interaction of people on the site. I'm out of time -- MS. FILSON: No. You have one minute. MS. BARNETT: -- its interaction of people on this site, so two single-family homes would have less interaction of people coming to those homes than this would, obviously. And the final thing is that if you have any question in your mind Page 119 February 10,2009 about the control of any of the issues out on Keewaydin Island, you have to vote no because you can't go back. We've got this one chance. So please vote no, and thank you very much. (Applause.) MS. FILSON: The next speaker is Anthony Pires. He'll be followed by Kathy Khatib. MR. PIRES: Madam Chairman, members of the board, Anthony Pires, Jr., Woodward, Pires, Lombardo law firm representing a number of property owners on Keewaydin, John van Dongen and others, and I'll be brief. I provided a packet of materials last week to the board, and I've made a copy of those and given it to the court reporter to be made part of the record, includes the transcripts from the EAC hearings, the CCPC hearings and the various objections. I think what's interesting in this, in the conditional use application, one thing that needs to be shown is that the project will not be injurious to the neighborhood to adjoining properties. What has not been part of any discussion, submittal or application and we've asked for repeatedly, there's no limitation on the number of daily boat trips. There's no statement of number of daily boat trips. We've asked as to the impact or limiting people on the island. They've refused to do that. They keep saying, we limit 20 people to the site, and that's consistently throughout all the presentations and all the materials. So there can be more than 20 people on this island at any given time. You have people who are daily transient lodging facility users of this facility, Naples Bay Resort, 85 hotel units; Cottages at Naples Bay, 108 or 103 units; 300 residences proposed for the Renaissance Village; 200,000 square feet of commercial use as Renaissance Village, all part of the Club of Naples Bay Resort, plus they can sell memberships if commercially viable to others. That's in the materials I Page 120 February 10,2009 provided to you under the recorded condominium documents. To make it a viable operation, they can sell memberships to anybody they want to. This is a high-intensity commercial operation. This is an appendage to the high-intensity commercial operation. It is not merely a little screened recreational hut in the middle of nowhere. They are planning on using it probably to the maximum. If! was marketing it, they will market it to the 'nth degree when you see the materials, if this is approved. Again, there are a number of unanswered questions that would show the lack of compatibility with adjacent properties, the effect that the conditional use would have on adjoining properties. The application -- the operations manual that they tout is not with the county. It's with FDEP. That can be changed without the county knowing about it. And interestingly enough, the operations manual says they will have club-owned vessels, not private vessels. Well, a club could own ten vessels, club could own 20 vessels, and people can rent club-owned vessels. This is -- the whole project, as I've seen it, has been an illusory concept that this would be a limited, small-scale use of this island. And I would submit to you it would be an incredible intense use of this island marketed by your very intense commercial development that needs us to help this destination resort. There's no statement as to the size or type of boats. The application at DEP says they requested submerged land leases for a boat with a beam of up to 12 feet in width, and it's a 35-by-14-foot area, so that's, I would submit to you, a pretty good-sized vessel. The -- there's been no real analysis of the intention of use of the island. They've merely repeated various assertions that since the structure will be located on two lots, the impacts from the structure are much less. Doesn't talk about the impacts to the people. There's no talk about impacts of the traffic going back and forth. I request that you follow through with what the Planning Page 121 February 10,2009 Commission's done twice, the EAC has done twice, and deny this application. Thank you very kindly. (Applause.) MS. FILSON: Next speaker is Kathy Khatib. She'll be followed by Nick Penniman. MS. KHATIB: Hello. I am Kathleen Khatib. I'm a property owner on Keewaydin Island. Actually, we are the closest property to the proposed development, so I suppose we would be the most impacted, but really my concern is for the wildlife on the island. I understand that Collier County is considering buying property to protect the panther habitat, spending lots of money just to create a place where panthers could roam freely, but I also understand that Keewaydin Island is already a panther habitat. There are panthers out there, as well as deer and roseate spoonbills, and all the most amazing animals that aren't going to exist much longer in Florida if we continue to encroach upon their natural habitat. So I feel, rather than spending money to protect panther habitat, why not just keep Keewaydin Island as a pristine, natural environment and allow just minimal use and not even begin to consider commercial development. And as a matter of fact, this is a picture of deer footprints right in front of the proposed Basil Street development area. And where will those deer go when that is created? Thank you very much. (Applause.) MS. FILSON: The next speaker is Nick Penniman. He'll be followed by John van Dongen. MR. PENNIMAN: Good afternoon, Commissioners. My name is Nick Penniman. I'm here on behalf of your Collier County Environmental Advisory Council. We've seen this product twice; once in 2006, again in 2007. In both cases our staff recommended approval. In both cases we turned it down unanimously. Page 122 February 10, 2009 I'm here to answer any questions that you have about our recommendation for denial. They're in your executive summary. If you have no questions, I thank you very much for your time and hope you will recommend also denial of this conditional use permit. Thank you. (Applause.) MS. FILSON: The next speaker is John van Dongen. He'll be followed by Annette van Dongen. MR. van DONGEN: Good afternoon, Commissioners, ladies and gentlemen. My name's John van Dongen, resident of City of Naples, property owner on Keewaydin Island. Our lot is just about 1,400 feet south of the subject property. I represent Keewaydin Island Property Owners Association, and I'm here to strongly oppose and express our opposition to this petition for commercial development on Keewaydin Island. The character of Keewaydin is a very low-intense, beautiful environment that -- the environment impact study that was done did not at all address the main issue, and the main issue is human impact. Human impact, if we look back at the environment -- Planning Commission report, was Chairman Mark Strain, equated this to eight houses, not two houses. This is eight houses, the intensity of2.56 persons per household in Collier County according to the last census, so 20 comes to -- this is not any kind of minimally passive beach pavilion. This is a huge impact, and we would like to oppose this as much as we can. And the second thing was the Memorandum of Understanding with Rookery Bay. Rookery Bay's staff is already stretched to its maximum doing what they need to do looking after Rookery Bay. They should not be trying to police a private beach club. That is not their role, and I don't think it's possible. In fact, the MOU is totally illusionary and totally unenforceable. We as a community do not want to be turning to the police, and Page 123 February 10,2009 I'm sure you, as commissioners, do not want to have a lot of complaints in front of you trying to police something that's impossible to do so. My -- I would like to say that this is not in the public interest, and I'd like to demonstrate by everybody who opposes please standing up. And I think we'll see -- make my point, and I ask you, please, to reject this petition. Thank you very much. MS. FILSON: The next speaker is Annette van Dongen. (Applause.) MS. FILSON: She'll be followed by John McNicholas. MS. van DONGEN: My name is Annette van Dongen. We've heard recently about public beach access, and I'd like to separate that topic from this topic. What we're talking about here in this petition is private beach access for profit for a select group of people who have paid for the privilege. This is not public beach access. And I just want to make that completely clear. Thank you. (Applause.) MS. FILSON: John McNicholas. He'll be followed by Philip Jentgen. I know I have one wrong. MR. McNICHOLAS: Good afternoon, folks. My name is John McNicholas. As a business owner that provides support services for the folks on Keewaydin Island, I'd like to touch upon the idea of the human impact here. Arguably, I personally have -- spend more time on Keewaydin Island than anyone, including the owners, since we support almost all of them. And what I see in reality is that although there may be 15 to 20 structures out there, only of which probably a dozen you and I would consider viable living spaces, they are used extremely infrequently. There are owners out there that I haven't seen in a few Page 124 February 10,2009 years. The ones who do come, it's occasionally a weekend here and there. So what I see in terms of human interaction, human traffic, on a day-to-day basis is extremely, extremely small. To bring in 20 people, or however many people there's going to be, is just a multiple -- multiplier of the human effect that there is right now. It will just create all kind of issues with the wildlife. The wildlife moves up and down that island. They traverse back and forth. They tend to very quickly learn where the people are and where they aren't, and they avoid those areas. Since most of the wildlife moves from -- back and forth from north to south and that's the northernmost property before all the state lands, I think we'll impact them trying to go through there to get back to the state lands where they know they're the safest. I would hope that you would vote against this proposal. Thank you. (Applause.) MS. FILSON: Philip. He'll be followed by Andrew McElwaine. MR. JENTGEN: My point's already been made, so I'd like to defer. Thanks. MS. FILSON: Andrew McElwaine. MR. McEL W AINE: Thank you very much, and pleasure to see all five of you today. And for the record, Andrew McElwaine, Conservancy of Southwest Florida. The Conservancy is a property owner on the island and has more than a passing interest. We were founded at the Keewaydin Club. I'm sorry I didn't have the presence of mind to drag Lavern Gaynor here with me who has literally spent more time on the island than anyone else. I'd also like to acknowledge the support of the Sierra Club for our position and welcome their great involvement in Collier County. The Conservancy would like to raise one issue that has not been Page 125 February 10, 2009 raised at this point, and that is the public benefit of the private club. A conditional use permit to be granted requires significant public benefit when it is being granted in an agricultural location, agriculturally zoned, with a special treatment overlay. We do not believe the public benefit provided by this private beach club which has already been said does not provide public access, is sufficient to justify the granting of a conditional use permit, and you must find that it does provide that benefit in order to grant a conditional use permit. So we would respectfully suggest to you that that benefit is not there and that you would be advised, well advised, to follow the recommendations of the Planning Commission and the EAC. And thank you very much. I just -- I'm so impressed with the grass-roots groups that have come here today. I can't say enough. Thank you. (Applause.) MS. FILSON: That's your final speaker. CHAIRMAN FIALA: That was our final speaker. And Commissioners, nobody -- oh, somebody just turned their light on. But what I'd like to do is say that personally I believe that a private beach club is not compatible with a barrier island, so I make a motion to deny this request. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second by Commissioner Coyle. Now, I have Commissioner Henning. COMMISSIONER HENNING: Mr. Hall, if you have just a minute. Is there any disturbed property on this lot? MR. HALL: Just the existing pathway that goes from the dock to the beach. COMMISSIONER HENNING: There's no structures on this? MR. HALL: There's no existing structures, no. Page 126 February 10,2009 COMMISSIONER HENNING: Okay. I guess a question for staff on their analysis of the Growth Management Plan, it says in our executive summary on the Conservation Coastal Element, 10.3.12, that it encourages actually to be rezoned a PUD. Does the rest of the Conservation Coastal Element apply to this property? I'm getting -- saying agricultural ST, but it's definitely a coastal barrier island. I'm trying to figure out what part of the Growth Management Plan should we apply to this conditional use. MR. MOSS: Well, I know that-- COMMISSIONER HENNING: Your name for the record? MR. MOSS: Oh, I'm sorry, John David Moss, Department of Zoning and Land Development Review. In the conservation and coastal management element it does require developments or encourage them to be in the form ofPUD. And before I was involved with this project, I know that the prior planner spoke with the County Attorney's Office, and they determined that a conditional use would be more appropriate for this petition, and that's why they decided to use the conditional use process. In terms of the conservation designation of the Future Land Use Element of the Growth Management Plan, passive recreational use facilities are a permitted use, so it is consistent with the Growth Management Plan. The gentleman from the Conservancy of Southwest Florida made a comment just a moment ago -- I don't know if this might be what caused the confusion -- stating that conditional uses are required to be for the greatest benefit of the county, and that's not necessarily true. I think he's getting confused with the special treatment overlay designation which does require that. And staff determined that this project would provide a greater public benefit than if the property were developed with single-family homes as would be permitted by right in the zoning district. So that's Page 127 February 10,2009 COMMISSIONER HENNING: What is the zoning district? MR. MOSS: Agricultural. COMMISSIONER HENNING: Okay. Is it agricultural-- MR. MOSS: With a special -- COMMISSIONER HENNING: -- designation? But is it barrier island? MR. MOSS: It is a barrier island. COMMISSIONER HENNING: Well, why wouldn't the coastal conservation barrier islands apply to this property? MR. MOSS: That might be better addressed by someone from the environmental staff who reviewed this petition. COMMISSIONER HENNING: Well, actually it should be somebody from the comprehensive planning should answer that question, and I don't see anybody. MR. MOSS: No. Unfortunately, they're not here. COMMISSIONER HENNING: And, I mean, you're applying it -- you're applying the coastal barrier conservation element of the Growth Management Plan one way, but then you're applying -- we're applying it -- different elements of the Growth Management Plan a different way, like it is agricultural property like is out in Golden Gate -- or no, I'm sorry, in District 5, but it's not a coastal barrier. I don't think you have any coastal barrier. COMMISSIONER COLETTA: Everglades down there. COMMISSIONER HENNING: Oh, in Everglades City, Chokoloskee. I'm just very confused about the application of the review of this conditional use. MR. MOSS: Could you please clarify the question? Neither I nor Susan Istenes are really sure what the question is. COMMISSIONER HENNING: You can't address my question because it needs to be addressed by comprehensive planning. MR. MOSS: I think Susan would like to attempt to address it if she could understand it better. Page 128 February 10,2009 COMMISSIONER HENNING: On Page 2, the fifth paragraph, bold, Conservation Coastal Element (sic), CCME, you apply it -- you make reference to the GMP here that, you know -- and you're encouraging it should be a PUD, but when you do your analysis for the GMP, you're considering it agricultural property. And my question is, why doesn't all the elements of the coastal conservation, CCME, apply to this, or has it been? MS. ISTENES: For the record, Susan Istenes, zoning director. Which of the CCME do you think is not applying in this case? That's where I'm trying to get. COMMISSIONER HENNING: Okay. Policy 10.1.1, policy 10.1.3, policy 10.2.1. MS. ISTENES: And those say -- I apologize. You're right, I'm not the comprehensive planning staff, so unfortunately I don't have them memorized, but I could make an attempt. COMMISSIONER HENNING: Okay. MS. ISTENES: This-- COMMISSIONER HENNING: Policy 10.1.1 says, priorities of dependent water -- water-dependent or water-related uses, B, public recreation over private recreation facilities. MS. ISTENES: Okay. COMMISSIONER HENNING: What -- has anybody asked the applicant of what kind of public recreational facilities will be incorporated into this private recreational facility? MS. ISTENES: My answer to that at this point, just from listening to you read and my knowledge of the petition, would be likely the observation was that if the property was developed for a single-family home, then obviously there would be -- the ownership of the property would have the access to the water versus -- COMMISSIONER HENNING: You have a right now -- right now, and you don't have to petition the government to put a single-family home there. Page 129 February 10,2009 MS. ISTENES: Correct. COMMISSIONER HENNING: So that doesn't apply. MS. ISTENES: But it's not -- it then is a more private use, per se, versus a club use, which is not limited to the owner of the property using that property. COMMISSIONER HENNING: So in order to answer my question is, you're viewing this private recreational facility as a single-family home? MS. ISTENES: I guess what I'm saying is, a private club as presented or described in this petition would be more public than a single- family home, and I think that was what you were questioning as to the consistency with the GMP. Is it totally public? No. Is it totally private? No. It's somewhat in between. COMMISSIONER HENNING: Well, are you a member of the public when you use facilities -- let me say this a different way. Can you go over and use your neighbor's pool? MS. ISTENES: If! get their permission. COMMISSIONER HENNING: If you get their permission, right. Can you go to the water park and pay a fee to use their facility? MS. ISTENES: I imagine I can. COMMISSIONER HENNING: Okay. Was there analysis done on the -- to minimize the destruction or disturbance of native vegetation communities in policy 10.1.3? MS. ISTENES: That -- and environmental can help me if I'm not giving the complete answer -- but that actually would be done at the time of site plan review because there are criteria under the ST designation that limit the amount of destruction. COMMISSIONER HENNING: Well, isn't it in the conditional use they're supposed to submit a site plan? MS. ISTENES: They would submit a conceptual site plan for the conditional use review, and then later they'd come in through the Page 130 February 10, 2009 regular Site Development Plan process. COMMISSIONER HENNING: Okay. I think what they're -- what they're proposing is a ground-level private clubhouse facility. Is that a correct statement? MS. ISTENES: I don't know that for a fact. Is it elevated? MR. MOSS: Elevated. COMMISSIONER HENNING: Is there any retention, proposed retention for native vegetation underneath that facility? MS. ISTENES: I don't know, Commissioner. COMMISSIONER HENNING: Okay. MS. ISTENES: They have to meet a minimum criteria, so it would -- you would consider the structure and the land in total. COMMISSIONER HENNING: In policy 10.2, the county shall continue to ensure that access to beaches, shorelines, and waterways remain available to the public in continuing with this program, expanded availability such as -- such access and method for funding. I don't think that applies. But it further says, existing access for public beaches shall be maintained by the developer. But I don't see any proposal for public access. MS. ISTENES: Did it say existing access? I guess at this point it's still a private property. COMMISSIONER HENNING: Still private? MS. ISTENES: Yeah. COMMISSIONER HENNING: Okay. That's a fair statement. Yeah, I mean, policy 10.3, it says, undeveloped barrier island shall be maintained predominantly in nature (sic) state in their natural functions and protection. I don't know during this review process on how that was accomplished. MS. ISTENES: Commissioner, I would suggest that then if you are inclined to disapprove or go along with the motion that's been made, that you -- and I would turn to the county attorney if they Page 13 1 February 10,2009 wanted to offer any other input -- that you so state that on the record as a reason for supporting the motion. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes, Chairman. I'm -- I just want to reinforce your motion and also reinforce the second's motion to make sure that we, the county, have an understanding of where we're leading this -- going with this issue. I have some very strong concerns about where we're privatizing more and more of the waterways and beach access in this county and depriving the citizens of getting to the beaches. So I'd like to read into the record here, I agree with the position of the Conservancy of Southwest Florida attached as Pages 77 and 78 to this agenda item. The proposed private beach club provides no benefit to the people of Collier County as a whole, and this project simply does not meet the standards governing the special treatment overlay of this property, which is located on a sensitive barrier island. Two, pursuant to Land Development Code Section 10.07.02.704, I'm concerned there is insufficient access to this private club in the case of fire, catastrophe, or health emergencies. Number three, pursuant to Land Development Code Section 1 0.07.02.Do4, the applicant has not sufficiently demonstrated to me that this propositioned use would not have a negative impact on the neighboring properties with respect to felonious, glare, economics, or odor effects. Number four, pursuant to LDC Section 1O.07.02.Do4, the applicant has not demonstrated to me that there has not been satisfactory provisions and arrangement for compatibility with the adjacent properties, public properties in the district. I find nothing about a commercial beach club constructing a pavilion that is Page 132 February 10,2009 compatible with the adjacent property, since this is a barrier island. Number five, the proposed development violates Collier County's density requirement as set forth in the LDC Section 3.03.07.A -- parens A, which clearly states the county shall not approve any plan of development of an undeveloped coastal barrier which would exceed a density of one structure per five acres of fast land except for legal, non-conforming lots of record either individually or in combination of adjacent development. Six, FLUE policy 504 states, new development shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. As I stated before, this development is not compatible with the surrounding land uses. Additionally, there is nothing this development would do to complement the surrounding lands. If anything, a beach club pavilion and numerous visitors would detract from, not complement the neighboring land and its uses. Lastly, I agree with the reasons set forth by Mr. Pires in his letter to the Board of County Commissioners dated February 4, 2009. For reasons set forth in this letter, together with the testimony that has been presented, I do not believe that the proposed commercial use for this property is authorized by either the GMP or the Land Development Code. Thank you. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, thank you. I don't know why we're continuing this discussion. Obviously this thing's -- CHAIRMAN FIALA: Me neither. COMMISSIONER COLETTA: -- dead on arrival. But with that said, I still am going to ask the questions. This would be to staff, if you wouldn't mind, please. If this was a Page 133 February 10, 2009 private residence, would it be permitted? MR. MOSS: Yes. COMMISSIONER COLETTA: And would it have to go through any more criteria than what a normal homebuilder would go through? MR. MOSS: No. COMMISSIONER COLETTA: Okay. The existing dock that they referred to in the literature, what is this dock used for now? MR. MOSS: I'm not sure what the dock is used for now. I just know it's been approved for a single-family home use. And because this would be, obviously, if approved, more than a single-family home, they would need to have a commercial dock. COMMISSIONER COLETTA: Yeah. But who owns the dock? MR. MOSS: I assume that the property owner does, but you might want to ask his agent for clarification. COMMISSIONER COLETTA: Yeah. I'd just like to know that for a fact. In other words -- Mr. Hall? Would that be who I address it to, or Mr. Brooker? MR. MUDD: Mr. Brooker. COMMISSIONER COLETTA: Mr. Hall, who owns the dock itself. MR. HALL: The dock is owned by the -- by the property owner as well, which is the Basil Street. COMMISSIONER COLETTA: But it's presently permitted for a private residence, right? MR. HALL: It was originally permitted back in -- I believe it was 1998 or 1999, prior to the Basil Street group acquiring the property. It was originally permitted by the original -- or by the former owner of the lot, and then those permits are -- either have been transferred or are in the process of being transferred with this new application that's in. COMMISSIONER COLETTA: Thank you. Back to staff, if! may. Page 134 February 10,2009 In our summary agenda, the EAC, it said, the EAC recommended denial 9-0 based on projected impacts on Keewaydin Island. Maybe I'm asking the wrong person. But how would this use impact Keewaydin Island any more than the present uses that are out there now, being residential or private people going to the beach without supervision? I'm kind of curious how this all comes about. MR. MOSS: Well, I think the greatest concern was the number of users. If it were a single-family home, there obviously wouldn't be 20 people a day visiting the site under normal circumstances, and so I think that was their greatest concern. COMMISSIONER COLETTA: But now a family -- if you own a home there in Keewaydin Island, are you in any way limited to the amount of people you can invite? Are you limited to the hours you're going to be there? MR. MOSS: No, sir. COMMISSIONER COLETTA: Are you required to make sure they police what's taking place as far as their -- the garbage they leave behind or how they might misuse the wild areas there that do not belong to the homeowners, the preserve areas? MR. MOSS: No, sir. COMMISSIONER COLETTA: Okay. The -- under the legal consideration, it mentioned that as far as future conditional -- conditions of approval of the conditional use, you may require -- and then it went on for a bunch of things -- dedicated for public use, and that's one of the big things this commission has been very positively looking for at all times. What is the public's benefit to it? Not everybody has access to the beach. I know that when we -- numerous times when people have been building hotels or different facilities on the beach we've required public access, required parking, numerous things, even kayak launching. Is there anything that's in here for the public use? Page 135 February 10,2009 MR. MOSS: Not -- no, there's nothing open to the public as proposed; however, as has been pointed out during this meeting, the facility would provide a greater public benefit obviously to the residents of Collier County who happen to live at Naples Bay Resort. They would have access to it, but not the general public, no. COMMISSIONER COLETTA: Okay. What would happen if the property was transferred, sold to a private individual, maybe one of the principals of the company that owns it now, and he or she was to build a private residence there and invite guests at no charge -- not that that's a likely scenario event -- would that be permissible? MR. MOSS: Sure. COMMISSIONER COLETTA: Okay. They wouldn't -- at that point in time, they wouldn't be required to come before this commission to ask permission? MR. MOSS: No, sir. COMMISSIONER COLETTA: There would be no restrictions as to the number of times that they could use it and the hours or the amount of people? MR. MOSS: That's correct. COMMISSIONER COLETTA: Thank you. That covers my questions. MR. MOSS: Okay. One thing -- I wanted to point it out. When you asked me a moment ago if a homeowner would be required to get anything else besides what a normal homeowner would have to to build on the lot, I forgot to mention that because this is in a special treatment area, they would need a special treatment permit, just as this project does. COMMISSIONER COLETTA: Is that quite involved to get? MR. MOSS: I don't really know the process. Perhaps Joe Schmitt could ask -- could answer any questions you might have about that, because I'm unsure. COMMISSIONER COLETTA: No. I'll be honest with you, I Page 136 February 10,2009 don't think we need to go into that kind of detail. MR. MOSS: Okay, very good. COMMISSIONER COLETTA: We just need to know that there is something required over an average permit. MR. MOSS: Right. Anyone who wanted to develop under a special treatment overlay would be required to get it. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I think we need to find a finding, and I commend Commissioner Halas for his statement of review of the Land Development Code and the Growth Management Plan. It's very important to put that on the record. And the census -- there's really no limitations on how many boats can go there. That's nondescript. There's a lot of unknowns about this conditional use. And I also agree with Commissioner Halas, in their future land use plan, that it is not compatible with the adjacent properties. I also feel that it doesn't fit our CCME of the Growth Management Plan. CHAIRMAN FIALA: And with that, Commissioners, I'm going to call for the vote. COMMISSIONER COLETTA: Commissioner Fiala? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: One last comment? CHAIRMAN FIALA: Sure. COMMISSIONER COLETTA: Yeah. The reason I'm going to go along with the vote is one reason and one reason only, is I am concerned about property rights, whoever owns the property, and reasonable access to it; however, with that said, I have a very big interest in public access, and I think we need to serve that -- that issue before the public at this time to make sure that anybody that comes forward in the future and may look for anything, be wherever it is, it's got to have more of a public purpose than what this one does. Page 137 February 10,2009 CHAIRMAN FIALA: Okay. Thank you. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: So we have a motion on the floor to deny, we have a second. All those favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That is a 5-0. Thank you. (Applause.) Item #8A RZ-2008-AR-12930, COLLIER COUNTY COASTAL ZONE MANAGEMENT REPRESENTED BY LAURA DEJOHN OF JOHNSON ENGINEERING, INC., REQUESTING A REZONE FROM THE RMF-6 (RESIDENTIAL MULTI-FAMILY) AND C-3 (COMMERCIAL INTERMEDIATE) TO CF (COMMUNITY FACILITY) TO PROVIDE A PARKING LOT FOR THE BA YVIEW PARK BOAT LAUNCH. THE SUBJECT PROPERTY IS LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, COLLIER COUNTY, FLORIDA - MOTION TO DISAPPROVE REZONE, MAXIMIZE PARKING WITHIN PARK, IMPROVE SHOULDERS AND CULVERTS ON DANFORD STREET, KEEP EXISTING PROPERTY AND CONTINUE TO PURCHASE ADDITIONAL PROPERTY - FAILED; MOTION TO CONTINUE ITEM INDEFINITELY AND DIRECT STAFF TO GET PROJECT WITHIN REQUIREMENTS OF LDC AND GMP Page 138 February 10,2009 AND TO WORK ON EXP ANDING PARKING WITHIN BA YVIEW PARK (CONCEPTUAL SITE PLAN) - APPROVED MR. MUDD: Ladies and gentlemen, if you could leave the room and try to do it quietly, and the Board of County Commissioners will continue their business for today. The next item on your agenda, Commissioners, is 8A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's RZ-2008-AR-12930, Collier County Coastal Zone Management represented by Laura DeJohn of Johnson Engineering, Inc., requesting a rezone from the RMF-6 residential multifamily, and C-3, commercial intermediate, to commercial facility to provide a parking lot for the Bayview Park boat launch. The subject property is located in Section 23, Township 50 south, and Range 25 east, Collier County, Florida. CHAIRMAN FIALA: Sue, let me just stop for a minute and say, any people that are here to speak on this subject, number one, if you have your cell phones on, please turn them off. Number two, if you wanted to speak on this subject, please have your speaker slips in now because we're going to close and we won't accept any more speaker slips. MS. FILSON: We currently have 25 speakers. CHAIRMAN FIALA: Twenty-five. It doesn't look like there's 25 people in the audience. Okay. And let's see. We have to be sworn in here? Okay, fine. So we're going to first declare our ex parte. We'll start with you, Commissioner Coyle. COMMISSIONER COYLE: Madam Chair, I have had meetings with Mr. Steve Riley, Phil Rufus Litow, David Kramer, Mike Sanford, Joe Tuzzeo, Marla Ramsey, and Gary McAlpin, and I have had correspondence, emails, and telephone calls on this -- this issue, and Page 139 February 10,2009 those are all contained in my public folder. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: I've had a number of ex par- -- or number of emailsinregardstothisitem.l.vealsometwithMr.Philip Litow, Steve Riley, and Dave Kramer, and I believe there's a few other associates from the neighborhood that met with me on 1/22/09. I've also received calls from Mr. Philip Litow on 11/24/08 and 12/03/08, and I've met with our staff. I've also met with Marla Ramsey and Gary McAlpin, and I also met with Donna Caron of the Planning Commission in regards to this. So I think I've covered just about everybody. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I -- my most recent meeting was 1/26/09 with Gary Pin- -- McAlpin -- CHAIRMAN FIALA: McAlpin. COMMISSIONER COLETTA: -- and Marla Ramsey. I talked to numerous people on this. The Naples Fishing Club, this came up before in the past, different other people have written me and called me regarding access. And everything's in my folder if anyone wants to see it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Madam Chair, I have received some written correspondence from members of the public, also emails and phone calls. CHAIRMAN FIALA: Thank you. And I have also -- I have to just bring this out because this is what I've received on this subject. These are emails and so forth that I've received from the -- from the public. I've met with Marla Ramsey, Gary McAlpin. There was a neighborhood information meeting, I attended that, Steve Riley, Phil Litow, I visited the site a number of times. Page 140 February 10,2009 It's interesting I've -- well, I'll say that later. I've also visited with the neighbors and I've spoken with staff and I've spoken with a few Planning Commission members. And now, would you please swear in everybody who would like to talk on this subject. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay. We'll start. MS. DeJOHN: Good afternoon, Commissioners. My name is Laura DeJohn. I'm a Planner with Johnson Engineering in Naples. I'm here today representing Collier County Coastal Zone Management Department in this request for a rezone from RMF-6 and C-3 to CF, community facilities. I'm going to walk through a brief explanation of why this request is here before you today, what the substance of the request is, and then I'll introduce Coastal Zone Management Director, Gary McAlpin, to give a quick wrap-up summary of the request. The slide before you shows the context of the area. The site is located fronting Danford Street to the north, Bay Street to the south, and Hamilton Avenue, formerly Fern Street, to the east. As you can see, Bayview Park -- I'll try to point to it with an arrow -- is at the terminus of Danford Street, and the properties requested for a rezone are colored blue within the Naples Bayview addition number one subdivision. The general area of the property includes Windstar PUD to the north, South Point Yacht Club to the north, the Naples Botanical Gardens, which is a public facility. The PUD's approved for tourist attractions and commercial research, et cetera. Hamilton Harbor PUD is to the south. Again, that PUD is approved for dry storage of 325 boats. Commercial activities there as well. There are other conservation lands which are in green on this map, and finally the Hamilton Harbor fuel facility sits along Danford Page 141 February 10,2009 Street near Bayview Park. This is a more close view of the subject site. You can see the site consists of eight properties within that subdivision. Most of the properties are zoned RMF -6 with the exception of the site fronting Hamilton Avenue, which is already zoned commercial, already allows for parking lots by right. As I said, I wanted to give you an explanation of why the staff is here with this request. The coastal zone management department, first and foremost, is designed to work to provide safe access to the waterfront throughout Collier County by providing new facilities and improvements to existing facilities. Back in March of 2003, the BCC was presented with a document titled the 2003 Beach and Boat Access Report. That established a methodology to arrive at a maximum capacity for boat launch lanes within the county. Thirty-six launches per day was the standard adapted from the Statewide Comprehensive Outdoor Recreation Planning Guide at that time. So using that standard of 36 launches per day for a boat ramp, the study concluded that there are -- throughout the county, Caxambas, Cocohatchee, the 951 boat ramp and Bayview Park were all deficient in providing adequate parking based on that carrying capacity for the boat launch lanes. Considering growth in new population and growth in recreational boat users, there's a finding that six new boat lanes were needed on top of the existing facilities, and recommendations within that study stated that the county should consider purchasing available residential lots along Danford Street to be used for overflow trailer parking. Subsequently the BCC did adopt the 2003 Boat and Beach Access Master Plan that was derived from that original study. In 2004, the BCC approved real estate incentives to aid in the purchase of vacant and development homesites to provide boat launch parking for Bayview Park, and the copy of the executive summary is Page 142 February 10,2009 on the screen, although it's hard to read. So through the course of 2004, there were approvals to purchase property along these streets. Again in 2005 another property was acquired. 2006, 2007, and 2008, properties were approved for acquisition. And the result is shown on the map. The yellow labels point to Collier County-owned land within the Naples Bayview addition number one subdivision. About $2.6 million was expended to purchase these properties. So if we look down to Bayview Park, the county's efforts have included an improvement plan to increase parking and add an additional boat launch lane on Bayview Park itself, plus provide for this overflow parking. Here's the image of the Bayview Park improvement plan. The site currently has 16 boat trailer parking spaces, and it's proposed to increase by 24 spaces to a total of 40. Once you factor in the fact that Bayview is a popular boat launching facility -- in addition to pictures that we've acquired and counts that we've taken, the transportation services department also placed a pneumatic counter at the entrance of Bayview Park and concluded, based on counts from October 4th to October 12, 2008, approximately 56 users come and go on an average weekday and a hundred users come and go on an average weekend day. That's truck-trailer combination when I say users. Considering these numbers, that there's up to a hundred truck and trailer users on an average weekend day and only 40 spaces on the Bayview Park site once the improvements take place, the overflow that occurs now along Danford Street and Hamilton A venue, we assume, will continue to occur. Of the section of the code and laws that refers to the fact that parking along the sides of streets, parking in swales is not allowed in the county, we can go over that more if you have questions on it. Page 143 February 10,2009 But this is what a busy day at Bayview Park results in. You can see the picture on the top is Danford Street where trucks and trailers are parked, approximately 18 of them, lining the sides of Danford Street as you approach the park. And I'm going to refer to this area as the mangrove area because that's the area along Danford Street where these vehicles park, not in front of the residences necessarily, just along the mangroves. The bottom left-hand corner also shows the parking that occurs along Hamilton Avenue on both sides of the street. What results when these cars park on the shoulders of Danford Street is a constricted travel way. Typical county standard two-way travel requires a dimension of 20 feet, and the results when vehicles are parked on the sides of Danford Street, both sides of Danford Street, there's only 18 foot, eight inches for two-way travel on Danford Street. This image shows what happens when vehicles try to cross each other in this constrained area of Danford Street. Picture number one is an inbound vehicle trying to reach Bayview Park. He stops at the point where the road becomes constrained and waits for an outbound vehicle to get through that constrained area. Then the inbound vehicle can proceed, and as you see in number three, pretty much down the center line of the road. There's not really two-way travel that's support for these vehicles. They work out a way of going one at a time. The parking on the shoulder also results in some environmental issues that we've tried to bring to the attention of the county so that -- as a reason that off-street parking is the most viable to provide for this overflow. The vehicles park on the paved shoulder and then also occupy the drainage swale on the side of the road. Those swales are -- qualify as wetlands and also have tidal flow in and out of the bay waters. So as you can see in this picture on the bottom, that's after a Page 144 February 10, 2009 rainstorm where the brackish water is on the -- in the ditch alongside Danford Street. And the cars that park there, they're usually, you know, leaking oils, leaking greases that can compromise water quality. That's not allowed, according to the Florida Administrative Code. The coastal zone management department came forth with a rezoning application that utilized all the property they own within the Naples Bayview subdivision. This was the first plan. You can see parking occupied all of the land that they hold there. As a result of the first meeting, the first neighborhood meeting, the plan was changed to eliminate the center parking lot to minimize the impact and the checkerboard nature of this parking in the neighborhood. After another neighborhood meeting, it finally resulted in the plan that's before you today, parking's concentrated on the eastern side of the neighborhood with a cut-through roadway mid-block. Sidewalks are proposed to safely get the pedestrians to and from the parking lot to the park. Again, when we look at what a typical county standard section is, the proposed reconfiguration, as a result of this parking project, would allow this street to accommodate 20-foot wide two-way traffic plus a 6-foot wide sidewalk that pedestrians could safely walk up and down the street. These are just renderings of what that would look like. Through the course of the application, we did demonstrate consistency with the Future Land Use Element, the transportation element, and that safe motorized and non-motorized travel is provided, the conservation and coastal management element in that the project provides access to the waterfront front (sic) and protects environmentally sensitive habitats. It's consistent with the recreation and open space element in that it improves recreational facilities and provides accessibility to these facilities. It's consistent with the Capital Improvement Element in that it provides and supports public access to the beaches, shores, and Page 145 February 10,2009 waterways of Collier County. Summary of the neighborhood information meetings; we did have three. There were attempts to work with the neighbors on issues of safety, hours of operation limited to dawn to dusk, controlled lighting, and improvements to buffering. This is one of the examples of the buffering enhancements that were offered. Staff ultimately recommended denial of the application but did list some conditions if ultimately approved, and coastal zone management will comply with any conditions. The Planning Commission met on December 4, 2008, and there was a vote of 6-2 to recommend denial based on some inconsistencies that I could address. The coastal zone management department feels that they are being consistent with the Compo Plan and with the Land Development Code. I'll turn it over to Mr. McAlpin who can just wrap up with a summary . MR. McALPIN: Thank you. For the record, Gary McAlpin. Commissioners, we believe we are consistent with the character of the neighborhood. The neighborhood is a water-related neighborhood, and our facility is consistent with that. The neighborhood is a patchwork of zoning. It includes a waterfront park, a commercial marina, a private yacht club, Botanical Gardens, which is -- which is commercial and public. And so we are consistent with the -- our plans would be consistent with that. We would also submit to you that a tremendous amount of review and approvals have been done by this commission over the last four years. We've spent $2.6 million dollars that -- the parking. We have demonstrated a need for this facility. We've looked at it over the -- over the weekends, which has been non-peak, which has been not a holiday and it was -- not been during season, and we can clearly demonstrate that during the weekdays, there's a need for 56 Page 146 February 10,2009 trips, on the weekends a need for over a hundred trips. So the need is there. Bayview is a growing park. It is -- it will be -- it is our -- one of our most popular parks, and it will continue to grow with more and more use through the Hamilton Harbor facility. As the facilities that are offered there through fueling capability, our park will continue to grow. We do not have -- we looked at the options for this facility. We have incorporated all of -- it all the way to the end. We don't have any other options in terms of off-site parking in the general area. We've looked at that, and we've exhausted -- we've talked to the other property owners, and there literally is no other place to put off-site parking if it is not in this neighborhood. The current condition that we have right now is inadequate for pedestrian safety, it's inadequate for two-way vehicular traffic, it's inadequate for the 20-foot fire access, and it's inadequate for wetlands protection of water quality. The plan that we have proposed to you would solve those substandard conditions. We look at this as a generational approach. This is the first step of that generational approach. We looked at this to be a 20- to 50-year program whereas we'd have willing sellers, we would buy the property, and as we had -- we could agglomerate enough property together to add to the off-site parking, we would do this. We think we've listened to the neighborhood. This is a difficult situation. We would like for you to consider that you allow us to rezone this property, allow us to move forward with the renovations to Bayview Park site, and then delay the authorization of anyon-site -- off-site parking construction, and then we would look at that during that period of time to -- and reconfirm the capacities that we have already confirmed. CHAIRMAN FIALA: Thank you, Gary. MR. McALPIN: So we're looking for your approval, Commissioners, and we'll ask (sic) any questions that you have. Page 147 February 10,2009 CHAIRMAN FIALA: Right now we're going to take -- I'm sorry about this, audience, but we're going to take a ten-minute break. We had a tough one. We're going to take ten minutes, let everybody clear their head. We'll be back in ten minutes. Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. CHAIRMAN FIALA: Look at Frank. He's swimming back up here. MR. MUDD: Commissioners, we're still under Item 8A. CHAIRMAN FIALA: And we've all been sworn in, and now we will go on to the speakers. MS. FILSON: Okay. The-- CHAIRMAN FIALA: How many speakers? MS. FILSON: I have a total of25 speakers, but I have two sets that want to give their time to someone else. The first one I have one speaker that wants to give his time to someone else. The speaker is Douglas Shaw, and he has Tim Gerhardt who's going to cede his time to him. Douglas Shaw? And the next one is Philip Litow, and he has five speakers who want to cede their time to him. So this one will get six minutes. CHAIRMAN FIALA: Okay. MR. SHAW: Well, good afternoon. My name is Douglas Shaw, and I'm here on behalf of -- well, of course, we live on Danford Street, but also about the rezoning, changing the park and everything that's wanting to be done there. From what was said prior to this from the gentleman that was up here, the different amount -- the amount of people that have been coming and driving down the street, it's not just boat traffic. It's also people coming down just to sit at the park and look and see what's gomg on. Page 148 February 10, 2009 Having lived there for about 12 years, I have yet to see 56 people in their boat trailers want to come in and park during the day, park their trailers, take up the sides of the street, which I know is an issue as well. I don't think during the week, other than maybe during New Year's or holidays of that nature where people have a few days off, where they ever have to park on the street of Danford for a long period of time or even go down to what's now Hamilton Avenue, which was Fern. I'm so used to calling it Fern, I've got to think about that one. So I know that the boat trailer traffic -- and even whenever they count, what kind of counter is being used, and does that account for two axles, three axles, or just the two axles on the vehicles? Does that count for the boat trailer axles as well as for 56 boats being parked down through there? Are they using the amount of tickets that are sold at the end of the street where they have to take that and put that in the windshield? Because I know they get ticketed if they don't have one in there on the windshield. The park rangers go through there; and if they don't have one on the windshield, they get a nice, pretty little ticket. And also, if they're not parked properly on the side of the road, which is also accounted for because the count puts up a "no parking" sign at the end of where the mangroves are at all the way down to where the park begins. So the county has already allotted the space for the people to be able to park on both sides of the road, which is not in front of anybody's house, and also since people, whenever they go to boat, they're not going in there to park their boat and their truck alongside the road, they go put their boat in the water and they drive it back over there; and then they park it along the side of the road, which they've been doing for years without a boat on there so it's not destroying the mangroves that are over there. And excuse me. And I know something else that was brought up a while ago. One of the other meetings that we had had was the Page 149 February 10,2009 amount of medical people having a problem down there. Well, as far as I know, I had somebody investigate the amount of medical things that have happened down there actually where they had to go into Bayview Park was five incidences. One of them was in '02, one of them was in '03, and one of them was in '87, and I'm not sure about the other two. But the other calls that have been done down Danford Street have gone to private residences, which does not indicate they need to go into Bayview Park, turn around in Bayview Park, or have to go down in there, circle around or whatever. So they're able to get in and out. Nor have we heard of anything to where they've had to stop EMS or the fire truck from being able to get up and down the road. So I know that was an issue that we had to deal with. Okay. Total feet of the road. I'm sorry. I have a whole bunch of notes here and a whole bunch of things running through my mind, and I know a lot of things that I'm going to cover, other people are not -- or they're going to cover what I miss. And even though we are on the other side of Port Royal, it's still a beautiful place to be. And I know that's been a stigma for years because of it being from Kelly Road to Bayshore and so forth and so on. The beautification that has gone on down through there is wonderful because it's changed so much now with Hamilton Harbor being in there and the way that the gardens place has changed the look of it. And their access has nothing to do with Danford Street. They pull right into the Botanical Gardens or they drive down Hamilton Avenue, and they go into Hamilton Harbor. They don't have to go down Danford Street for anything. So the amount of traffic that's needed to go up and down that street to get to either one of those places really is of no concern of what Danford Street has to offer. And I know that the parking that the people do alongside the road where Hamilton Avenue is now, people have been parking up and Page 150 February 10,2009 down there whenever it gets full on Danford Street, which allows, if I'm not mistaken, about 60 parking spots on Hamilton Avenue. Has anybody checked on the ability to change the size of Hamilton Avenue to allow more changes to the side of the road, allow parking on the edge of Hamilton A venue instead of going into the areas -- which I'll get to here in a bit -- we're right around our houses where we're going to have porous driveways, we're going to have porous parking lots, these new fences, these new lights that are coming on and all these people walking up and down our street to go into these places, which is going to be behind our houses. But anyway, the parking area on Hamilton Avenue would be a wonderful place for people to be able to park if they're going to do this. I know that there's property for sale at the end of Danford Street and Hamilton Avenue. It's been for sale for a long time. That sign's been up there forever, and they've not purchased that. So for the county to say that they've been trying to purchase property down there that would be viable for parking to make it all in one area closer together, they could have done that. They could -- they could still buy that part of the land. Also, I know that Hamilton Harbor had a little piece of property on the corner of Bay Street and Hamilton Avenue, and they did not -- for whatever reason they have not secured that spot as well even though they have the place in between the gentleman that has the C3 zoning or the place that's been for sale on the corner Danford and Hamilton A venue that they have not purchased. And from my understanding, that the guy has offered to sell it to them, take some other pieces for sale -- does that mean I'm running out of time? MS. FILSON: That means you're out of time. MR. GERHARDT: Okay. CHAIRMAN FIALA: Thank you very much, sir. (Applause.) Page 1 51 February 10, 2009 MR. GERHARDT: Thank you. MS. FILSON: The next speaker is Phil Litow, and I have four people who want to cede their time to him, so that would be 15 minutes. MR. LITOW: Thank you, Commissioners. My name is Philip Litow, and I live at 1970 Danford Street. We who live in the area of Bayview Park have a clean, quiet, peaceful, residential neighborhood. We feel that if a neighborhood like this is going to be changed, in our opinion, destroyed by unit of government, it should be for a very serious governmental problem or a pressing need that can't be solved in any other way. We don't think that either of these conditions exist. I fthere was a serious public need for a hospital or a school or a road, the government would have the power to invoke eminent domain. This is just for a parking lot. This is not serious enough to invoke eminent domain. The Planning Commission and its staff have seen this, and they agree that it's not consistent with this area. We fully -- we are not anti-boater. We don't mind the boaters coming down using the park at all. That's fine. Many of us have been or are boaters. We fully support the plan to redesign the park, to increase the number of trailer parking spots from 16 to 40. This would make parking outside the park an extremely rare event any weekday, extremely rare, and only occasionally on the exceptional weekend would there be parking necessarily on Hamilton Avenue. We oppose this requested zoning change for the following -- excuse me -- following reasons: Number one, it's unnecessary. Mr. McAlpin has presented to the Planning Commission a figure of an average of 56 launches for out-of-season weekday based on counting strips laid across the road. We who live there know that this is gross exaggeration, nothing like -- nothing close to that exists on any weekday. Page 152 February 10,2009 We actually sat in the park on a beautiful Friday in season, January 9th of this year, and we counted boat lunches and haul-outs throughout the day from nine a.m. to five p.m. We counted 45 launches in that time period. That's six hours, and -- excuse me -- that's eight hours. And we also counted haul-outs, and there were over 20 haul-outs during that same period. There was never nearly that many boats in the water at anyone time. We also have had neighbors take pictures on the last few Sundays. On January 11th at -- between 12:30 p.m. and 2:45 p.m., there were a total of nine trailers parked along Hamilton Avenue. The same thing applies on January 25th. There were eight or nine taken -- pictures taken between three and four p.m. On February 1st, there were no trailers parked along Hamilton Avenue. If Mr. McAlpin's count was anywhere near true, there ought to have been trailer parking up and down Hamilton on both sides. You wouldn't have been able to see anything except trailers. It's a total exaggeration. Number two, this proposed lot is ineffective. Where did they propose to have it? Close to the park to save the boaters walking? No. It's towards the end of the street. It's over a third of a mile away. This hardly saves any steps at all. Number three, safety. This is only going to make safety worse. Instead of trailers pulling into the park, pulling out, parking on Hamilton Avenue, now they're going to have to come down out of the park, instead of going straight down the block, they're going to have make another turn through a street cut-through, make another turn onto Bay Street, turn into a parking lot where they can leave it until dark. This is supposed to be dawn to dusk, but they will be coming back at night to take the trailers out. So if they keep this lit, it's going to be a terrible intrusion on the character of the neighborhood right now. If they leave it unlit, only Page 153 February 10,2009 more dangerous both for trailers, and as a result, strangers walking through our neighborhood, not down the block, but between homes, behind homes, alongside homes. This does not tend to improve safety whatsoever. And then I think the biggest thing is compatibility. This -- and the Planning Commission -- and I've included the minutes of the Planning Commission report on this that I'll include in what I give to the recorder. Over a dozen violations of the GMP, of the Land Development Code, of the FLUE, including what Mr. Halas presented, 504, to chop up a neighborhood like this, tear down existing homes, two beautiful homes less than four years old, and instead put in parking lots, put in walls, have traffic going through the neighborhood, is a totally incompatible use. It's incompatible -- incompatible, inconsistent with the current use of the neighborhood. This is a residential area in spite of what Mr. McAlpin says. We're surrounded by things, but the area that's involved is totally residential. People have children there, and instead they're going to have trailer traffic and strangers walking through at night, according to this plan. And another reason for over a dozen citations by the Planning Commission of violations of the CCME, of the Land Development Code, of the FLUE, the effect on property values. There is no doubt that having parking lots put next to and behind homes, having people walk through is going to make this area less desirable for future development. Who's going to want to build a nice new home, as there has been? Also, the new homes that have gone into this area, by code, have to have floors 10 feet above the water line. That means in order to preserve privacy and security -- and Mr. McAlpin has offered to do this -- build a wall as high as necessary to protect the privacy of people on the first floor. Page 154 February 10,2009 Well, how compatible is an over 10- foot wall with the residential area like this? It's totally incompatible, and it's going to detract from the value. And even then, it's not going to protect the neighboring homes from the sound of the trailers being pulled in and pulled out at night or from the glare of headlights also. It's a totally incompatible plan. It's going to be -- very adversely affect our property values, and it's going to ruin our quality of life. For these reasons, the Planning Commission staff voted for denial of this zoning request. The Planning Commission itself voted against it by a 6-2 vote. And we think just as telling on January 21st, the Parks and Recreation Advisory Board itself denied Mr. McAlpin's request for a recommendation to go ahead with this plan. This is a bad plan. Other areas are opening up along Collier Boulevard and the Port of the Islands, which was just bought by the county . This plan is not good. It does more harm than it can possibly do good, thank you. (Applause.) MS. FILSON: The next speaker is Leigh Breeden. She'll be followed by -- COMMISSIONER COYLE: She waived. COMMISSIONER HALAS: She waives. MS. FILSON: Oh, she waived, I'm sorry. Michael Sanford. He'll be followed by Catherine Shaw. MR. SANFORD: Good afternoon, Commissioners. Good morning, Commissioners. Mike Sanford, 2045 Danford Street, another resident. Phil pretty much touched on a lot of good subjects. I think that their programming to put a parking lot in the residential area is a very bad idea. The idea of improving the park to provide access for more boaters is a great idea; it should go forward as soon as possible. A lot of us boat, a lot of us fish. I know there's a lot of people here that fish, Page 155 February 10,2009 and I do myself. To improve the facility would be fantastic. There's also other property available that the county should pursue down there. There's 1.3 acres on the side of it, and it's mangroves. But if McAlpin is making it right, 20- to 30-, 50-year program, you would think he'd be able to get a mitigation issue in there and do that. The other gentleman brought up the side of Hamilton Harbor -- now it is referred to as Fern Street -- to improve the side of the road to provide parking on one side of the street. We don't really see a big problem with that. We have not had a safety issue there. The sheriffs department has been in the area. They don't have a safety issue with it. We look forward to having the park improved and do something with it and have them make it more viable for launching, increased boat launching facility. Also the proposal is to put in a kayak and jet ski launch. You might also look at maybe putting in a floating dock facility out there, a little breakwater to protect us for the kayakers, et cetera. That's all we'd like to see. Or the Botanical Gardens and Hamilton Harbor also have property adjacent to that what the -- down the future, approach them as providing parking areas into that for overflow parking on the weekends. Thanks, Chairman. MS. FILSON: Catherine Kramer. I'm sorry. Catherine Shaw. She'll be followed by David Kramer. MR. SHAW: Catherine Shaw's my wife. She's giving me her time to speak. She's back there. And again, my name is Doug Shaw. I live at 1781 Danford Street. And to add to what I was saying before, there are many places other than where Bayview Park's at that they have boat launching facilities right off of Bayshore, and they also have empty lots on Bayshore that are already paved. There are multiple places to where that could be acquired as well. So just as they bought Port of the Islands for $4.3 million -- Page 156 February 10,2009 which I've been working out there and gone out there for years and years and years. That to me seems like a whole bunch of money that is just wasted for that. But then again, I don't know what you guys know about it. So, to me, it just seems like that was a lot of money that was not needed to be spent for that area. And for the amount of money that you guys have to spend for buying these houses and buying these -- which is nice, that I'm glad that you do have the money to do so, but why not take the amount of money that we have that we're trying to improve the park with -- I know that there are mangroves on that area there. I know it's a possibility to mitigate the mangroves as they call it, which I've heard from the Army Corps of Engineers, that -- and I didn't spend any time speaking with them. I had somebody who had done the investigation who had told me that that was a possibility that that could be done. I don't know all the particulars to it, but that is a possibility as well, which that, in turn, if they're going to redo the park itself, changing the little area bit that they have for the mangroves, they could then, in turn, probably add probably another 15 to 20 spaces. And then the area that's on the side of the road there on Bayshore, if they don't want us to park on there but yet we still can, why can they not put in drainage ditches, put the road over top of that and allow that extra -- yeah, I know. I've been back there sweating myself. CHAIRMAN FIALA: It's warm in here. MR. SHAW: Thank goodness it's not just me. But parking area that we have on Bayshore already seems to accommodate the majority of the traffic that comes through there on just about any given day for the amount that we have available, which is not intrusive on the actual mangroves themselves because they are past the waterway where the water comes in. If you've ever been down over there, you know where the water comes in. It has its own special little path that it makes. And water finds the least path of Page 157 February 10,2009 resistance, and it makes it right along the edge of the roadway that's already been put there. So I think that could also be a good viable option. And then the major traffic increase. They decided to put in this parking area that they have. The driveway is going to be directly across in front of my house. So now that means for people to get in and out of this driveway, which they've got to come up Danford Street, go -- cut across to Bay Street halfway up the road there, probably about a thousand feet from Bayview Park, then they have to go across over to Bay Street, hang a left to get up to the new parking lot, and then turn left into the parking lot and pull into the back of where Phil's house is and then shine their lights in his house. Now, without this -- well, he was being conservative -- 12-foot fence. I'm thinking about an 18- foot-high wall is going to be needed for this guy's house because he's 10 foot above the water level. Now for the cars not to be seeing in his first floor house, first floor of his house, that's got to be a pretty tall fence. And now for the amount of people that are able to get out and walk around and come in behind his house -- I don't know about you, but I don't really like strangers walking behind my house or beside my house even if they don't need to be there. That will, in turn, increase the amount of possible break-ins with people being able to see what you have and what you don't have at your house, you know. It makes you more leery. Then if feels like you're being in a prison, you're not being in your home. Now, we love our little neighborhood. It's nice, it's peaceful, it's quiet. Even with the huge wall that we have on the other side of us that's the Hamilton Harbor boat storage facility, you know, it's still a nice, peaceful neighborhood. They make very little noise, which is wonderful. But we really enjoy having this area that we have. We don't need to have it starting to be cluttered up with driveways and with places Page 158 February 10,2009 that they're doing driving up and down. And from my -- remember the last survey that they had, it was going to be a porous driveway, meaning that it's going to be made up of rock. So whenever it's not raining, it's going to then create dust whenever the wind blows, and it's going to get on our cars, and then we have to wash them more often and things of that nature, excuse me. And then that in turn, like Phil was saying, how are we going to keep our houses at market value? Pretty soon it's going to be where it's not worth anything, and then our houses are going to be worth very little, and it's going to continue to go down in value, and then the nice new houses that have been built there -- and by the way, there are brand new houses that are there. The gentleman that had just built one, it's absolutely wonderful. And then we have another house that's -- they're thinking of putting up down there, too. So they keep going on and on and on, and next thing you know, they start hearing -- or having a parking lot put in, they're not going to want to build there. And then the tidal flow. As the gentleman said earlier today that the tidal flow is causing a problem with it, well, I got tidal flow in front of my house, so how is that going to affect what's going on with the environment? So even though the cars are parking off of the edge of Danford Street, you know, I walk out of my house, I got a ditch in front of my house as well. The tide comes in, the tide goes out. I don't see how a tidal flow can cause any problems with it. You know, coconut trees and things of that nature actually helps fill up that ditch on occasion. Okay. I'm sorry. I got a whole bunch going through my mind here. And then the Botanical Gardens, we know about that place. CHAIRMAN FIALA: Thank you, Mr. Shaw. MR. SHAW: That means I'm done. Thank you. Page 159 February 10,2009 (Applause.) MS. FILSON: And what is your name, sir? MR. KRAMER: I'm David Kramer. I've lived on Danford Street since the mid '70s. As I understand it, there's approximately 24,000 registered boaters in Collier County. I would give a high estimate of maybe 16- to 18,000 on trailers. A lot of these, too, are parked in backyards in Golden Gate and are used strictly for freshwater, summer only, seasonal. So you've got maybe 15, 16 percent of the population that are boaters. Now, I had a boat on a trailer myself, and I know I considered myself lucky if I could get out on it three days a month. So you've got maybe 15 percent ofthe population using the services probably 5 or 6 percent of the time, and normally on Sunday and holidays. Now, as I say, I've lived there for a long time, and the overflow parking rarely exceeds 15 or 20 days a year down on Hamilton A venue. I also say spot zoning devalues the property, and it's a form of eminent -- back door eminent domain. Trailer parking is inconsistent with Collier County's Growth Management Plan and what is compatible and allowed in a residential neighborhood. Would a developer be allowed to do this? Would it happen in Royal Harbor or Port Royal, or would any of you like to have a parking lot in your back yard? As I'm reading from some of the minutes of some of the other meetings, I said, this proposal is not consistent with growth policy one four two as determined by the comprehensive planning staff, says the parks and recreation department, failed to coordinate with the City of Naples the provision of 15 boat trailer parking spaces at Hamilton Harbor, which was authorized by Collier County to review and approve the portion of the PUD within its jurisdictional boundaries. Nobody can tell me what happened to these 15 spaces on there. It seems that maybe it's Hamilton Harbor's bait and sandwich shop. Page 160 February 10,2009 I'd just like to quote at the end here an article that was in the -- December 12th of the Collier Citizen. Hopefully this disaster will go no further. The parks department tried to defend their purchase within this neighborhood as approved by the Board of County Commissioners; however, they processed these neighborhood infringements under a county agenda format, which means it hovered well below everyone's radar. Government should be treated no differently than a private sector, as there is no such way anyone have (sic) gone this far in the scenario unless they thought they were above the law. And I know this commission has done a lot of hard work here, and we thank them for it, and hopefully they do what is right for all the people, and hopefully they will do what is right for our neighborhood. Thank you. (Applause.) MS. FILSON: The next speaker is Dr. Tuzzeo. He'll be followed by Ray Russell. CHAIRMAN FIALA: And how many more do we have, Sue? MS. FILSON: Eleven. CHAIRMAN FIALA: Eleven more speakers. So if you want to just come up and say, we don't want it, that's fine, and then you can sit down. Then we won't have 33 more minutes. We'll be able to shorten this up a little bit, because after a while when you hear, we don't want, we all know that you don't want. So unless you have a new point to make -- and that would be just great. Thank you. DR. TUZZEO: Thank you, Madam Chair. Joe Tuzzeo, homeowner of Danford Street, property owner on Danford Street. This last weekend there were no cars -- CHAIRMAN FIALA: Excuse me just a minute. Okay, okay. DR. TUZZEO: This last weekend there were no -- and week, Page 161 February 10,2009 there were no cars parked or trailers parked on Fern Street at all. Also, if you check the police records, there have been no accidents caused by any tractors or trailers on Fern Street or Danford. The Isles of Capri will have an additional 85 trailer spaces available shortly for fisherman and boaters' recreation. The downtown boat ramp is available. We have a facility. It's underused, and I think it's being underused because of the method of payment. It goes by minutes instead of by a ticket. I think you would vastly increase the use by changing the method of payment. There's also available a location for a ramp and mucho parking. On Bayshore and Bayview there's a restaurant on the right-hand side if you're going to the Botanical, and that's been empty. You could put a ramp in there, buy the property across the street. Big area, over a hundred parking lot spaces. In 1999, a movement was started -- I can't -- by the right-of-way design evaluation coordination to buy some of the mangrove lots. If these lots were purchased in 1999, we'd probably be parking trailers and boats there right now. If it's a 30-year, it's a 50-year program, we'd be way ahead. Many of the boat -- the owners of the mangroves areas would be willing to sell. The fabric of Danford Street is made up of all ages, from one year to 92. We are of different backgrounds, occupations, religions, everything you can think of. We get along. We are truly, truly America, truly. We don't want boat repairs at night. All boaters know we repair the boats. We always do. We don't need the pollution from noise, the pollution from the gasoline smells, we don't need that. Please, don't destroy a great neighborhood, because we really like it there. Thank you. MS. FILSON: I have -- the next speaker is Ray Russell, and I have two people who have ceded their time to him. Following Ray Russell will be Dennis England. Page 162 February 10,2009 So you'll have nine minutes, sir. MR. RUSSELL: Okay, thank you. My name is Ray Russell with the Naples Fishing Club. And when I came here today I thought this was a simple discussion of the neighborhood concern versus access to the water, but listening to all this, I think you have a much more complex issue to deal with. You've got first a data question. I hear the staff saying you have an enormous number of trips, and I hear the residents saying there's no such thing. I actually have used this facility, and I remember one day going there on the weekend, and I drove my trailer down to the launch site. Every site was full. I came back around. The entire street going down was full. And I said, I'm going home. I'm not going to park a quarter of a mile away while my boat is interfering with everybody else trying to get in the water. So I think the first issue is, how much is this really used? I suspect that on the weekend and in season it is a problem. The people that work for a living that only have a few days to use their boats, that place is probably crowded. Naples has a launch site downtown. When I left that launch on Bayshore that day, I drove to their site. Everything was full. So I think, you know, one of the things that's very important is looking at access to the water. And when you make these decisions, you're trying as, I think, as a commission, to look at how do we serve the interests of the greatest number of people? Now, they have a lot of concerns in their neighborhood, but there are a lot of people who would like to use their property on Naples Bay, and there's hardly any way to get there. But as I listen to the discussion, what I couldn't figure out is, how does expanding the areas in the park to 40 spaces relate to the parking space, the big plan? Can one be done and the other one follow on Page 163 February 10,2009 later, or are they mutually exclusive propositions? So, you know, it would be nice to know how that unfolds. But our primary concern as the club and as fishermen is looking at access to the water, and the only experience I ever had, I had to go home because I couldn't get in. The other thing I think is an important issue for the commission is, if you've got a facility and you've spent all this money, you might want to have it used more. So anything that can increase the utilization of the park, the launch, ought to be something that's good. I don't know if the people that park on the street are required to pay the $5, but I suspect if they're in your parking lot or in your park, they're going to pay the five bucks. So there should be a financial benefit for trying to get these people off the streets. Another thing that was kind of confusing as I listened to all the reasons why you should do this from the staff, and then they said, we don't think you should do it. Hello. So I don't think you have a particularly easy decision here. You've got some legitimate concerns by people who don't want to have this in their neighborhood. I haven't spent enough time or our club hasn't enough time to look at how is it located, whether logistics to get to the park is the right spot chosen for the parking space. It may not be. But as you struggle with these, I'll leave you with two thoughts. Please don't dismiss the many boaters that would like to gain access to the water, and make sure that if you've got a park, it is being used. Thank you. MS. FILSON: The next speaker is Dennis England. He'll be followed by Jeff, and I think it's Lobel (sic). MR. ENGLAND: I thank you very much for the opportunity to talk to you. CHAIRMAN FIALA: Your name, sir? Your name? Page 164 February 10,2009 MR. ENGLAND: I am a boater. I use Bayshore all the time. MS. FILSON: What is your name, sir? CHAIRMAN FIALA: Your name, sir? MR. ENGLAND: I'm Dennis England. I use it weekly. I find it very confusing at times with the parking situation what it is because some days you go, there's parking; some days you go, there's not parking. Part of the problem is the dockage of the area is grossly inadequate in that you've got room for just a couple of boats to be tied up. Now you've got to walk a third of a mile to get your car and come back and somebody else is waiting to put their boat in, and it really backs things up. I know the residents have real concerns, and I know the boaters have real concerns. And I'm very happy to finally, after many years, see this commission looking at the possibilities of what we can do at Bayshore to improve this situation to make everybody happy. But we definitely need improvement down there. There's not enough parking at busy times. There's not enough dockage. What docks are there, if you go in and look at them at low tide, the posts are almost rotted up. One of these days somebody's going to be standing on that dock and it's going to fall down. You took our fish-cleaning table away. That creates a problem. There are grants available to put in a new state-of-the-art fish-cleaning table. Many guides that used to use the area are no longer using the area because they've got people from out of town that come that need their fish cleaned, so they go to other areas. But it does need a serious look, it does need improvement. I agree with what some of the neighbors are saying and I agree with what Ray said. And we would like to see improvement down there. It is vastly needed. Thank you. (Applause.) Page 165 February 10, 2009 MS. FILSON: Jeff Lobel (sic). I'm not sure if I'm pronouncing -- okay. He'll be followed by Larry Thompson. MR. LOWE: Hi. My name's Jeff Lowe. There's a large piece of property right across from where the parking is supposed to be, and it's owned by Hamilton Harbor -- I'm sorry -- Botanical Gardens, and I can't see why they can't buy some property from them. It's vacant. It's covered with nothing but Melaleuca trees, and it's no more than 30 feet away from the existing -- from the parking that they would like to have. So if they could look into that, that would be a good idea. Plus, there's a piece of property on Davis Boulevard right next to Brookside Marina that is large, empty, it's on the water. They could put a new boat ramp there. Thank you. (Applause.) MS. FILSON: The next speaker is Larry Thompson. He'll be followed by Kim Branch. MR. THOMPSON: I live at 1803 Danford Street. And when the plan first came out in the newspaper, I thought it could be a nice idea once they acquired all the property. If you had all the property, you could put in parking, picnic areas, and so forth, but that's going to take 10 or 20 years till we all die off and you can buy it from our loved ones. And to put in little parking lots all over the neighborhood is going to bring our property values down. And it's like the average person, their home is their largest asset. And to do this is like -- it also makes it -- you know, it's unfair of the county to go put in a few little parking lots, bring our property values down, and then we want to move, we'll get transferred, this or that, and you're able to come in and get a lower appraisal because, you know, the property's worth less because -- you know, try and do this at any other place in town, you know. If! went into any residential neighborhood and said, I want to buy up some houses, knock them down and so people can park their recreational equipment here, you'd tell me I was out of my mind. Page 166 February 10, 2009 And, you know, I brought -- your people brought up the issue of trucks leaking oil into the drainage ditch, the culvert along there, which is a tidal area. And it's like, what do you think these boats are doing when they go out in the bay and they turn on their bilge pump, you know? How many of these people have a hat (sic) on their boat? What do you think they're doing out there all day? The people that do have a hat on their boat, most of them are leaving it open. It's like, I think that's a much bigger issue. I mean, why are these people so entitled that we have to ruin our neighborhood to help people with their luxury, you know, hobby? And so there's a whole lot of issues, but it's not a good thing for our neighborhood. So, that's it. (Applause.) MS. FILSON: Kim Branch. CHAIRMAN FIALA: How many more speakers, Sue? MS. FILSON: She'll be followed by Brian Thompson. And two more after that. MS. BRANCH: Hi. Resident of Danford Street. And very briefly, there is a large area where the trucks are currently parking now in overflow on the street with mangroves both sides of the street. It was mentioned that that property is available for sale. It makes the most sense to anyone in this room that someone that was launching their boat could park in that parking lot where the mangroves are and not tie up the rest of the boat ramp while people are waiting while someone walks to the corner of the street, which is a good quarter mile away or more. That's really all. I really don't understand why no one looked at that mangrove as a part of the extension of Bayview Park as an opportunity . (Applause.) MS. FILSON: Brian Thompson. He'll be followed by Steven Riley. Steven, do you want to come up. Page 167 February 10,2009 MR. RILEY : Yes. MS. FILSON: Okay. Come on up. MR. THOMPSON: I'm Brian Thompson. I'm at 1893 Danford Street. And I think most of the points have been covered. But, again, in Hamilton Harbor, the huge deal they went through, 25 years or whatever, to get mangrove mitigation, and finally you got them to put in a gas pump and a gas house. Maybe you could have made your park bigger then. And the Botanical Garden, I understand, with that huge chunk of property right there, why didn't somebody drive a deal with them or still drive a deal with them? And I've heard the property, if they don't use it, it's going to be county's. Well, the county, that's us. Could there be a shuttle that cheaply brought people back and forth from a parking lot down at that end of the street? But again, Hamilton Harbor, how many acres was that? And nobody drove the deal to give more parking and now put it in our side yard. Not right. That's all I had to say. (Applause.) MS. FILSON: The next speaker is Steven Riley. He'll be followed by Sandra Arafet. CHAIRMAN FIALA: Steve, were you sworn in? Didn't you just get here? MR. RILEY: Say it again. CHAIRMAN FIALA: Oh, you were here before, Steve? MR. MUDD: Steve, did you raise your hand when they had everybody swear? CHAIRMAN FIALA: Ifnot, we'll do it now. (The speaker was duly sworn and indicated in the affirmative.) MR. RILEY: Good afternoon, Commissioners. My name is Steven Riley. I live there on Danford Street. A couple of the -- a couple points I wanted to bring up, make this real quick and short here. As far as -- well, when it all started out, I was born here and lived Page 168 February 10, 2009 here all my life. My family's [rom here, okay? Ever since I was little I've always went to that park. Nice little recreational park, you know, boating, boat launch, so forth. Now we have all this development going on and, of course, everything's exploding. It's getting out of hand. We have a nice little neighborhood there zoned residential, okay, and we have this proposal being brought up to change spot zoning, which is illegal, according to Mark Strain, illegal for spot zoning, and changing the zones of residential to commercial and so forth, okay. That's one of the things I wanted to point out. The other things is, these parking issues, okay, of course, I'm going to tell you, you're going to see more parking -- or you're going to see less parking spaces available during season because there's more -- there's tourists, there's everybody that comes down here, especially on a weekend, okay, that's more people, and like these people right back here that were speaking, they're talking about the big ordeal about these parking issues, they can't use the boat ramp. Well, you know what? There's plenty of boat ramps around here. And my question to them is, where do they live? Do they live in our neighborhood? I don't think so. I don't know who they are, okay. It's just -- it's -- I don't know. Our little neighborhood, there's no homes run down. It's a nice little residential neighborhood. I have a family of six, four kids, and we all get along. There's a bunch of other kids in the neighbor. We're going to, of course -- we're going to be taking and having all this other development coming in there, more traffic, more boats, okay, now that they've expanded the boat ramp and made it bigger and dredged it, then that's making bigger yachts, big boaters come in there. Are they able to stop on a dime say if a kid cuts across the street or our animals or whatever? No. And now we're getting hit with all these parking lots scattered throughout. So -- but anyway -- and another thing that the gentleman over Page 169 February 10, 2009 here said he exhausted off-site parking. That's untrue, okay? They turned down a Botanical Garden proposal. They also said that we agreed on it. We never agreed to any of this. You know, there's a lot of stuff we haven't agreed on. It's just been pushed down our throats. We keep on fighting back. You know, and the homes, they're not run down. You know what, we live there. We pay tax money. That tax money goes right in there. Well, now they're talking about ripping new houses down. There's some brand new ones over there that I'd love to have. Ripping them down for a parking lot? I don't agree with it. I appreciate you all's time. Thank you very much. (Applause.) MS. FILSON: Your final speaker is Sandra Arafet. MS. ARAFET: Good afternoon. My name is Sandra Arafet, and I'm the new neighbor in the neighborhood of Bayview. 1920 Danforth Street. I have been dreaming about moving into this house. I finally got to do it this January. I am begging you to please oppose this rezoning, spot zoning, I would call it. Our community of Danforth and Bay Street, it's a lovely community. All of us love living there, and that is the reason that we built our house there. I trust that you will make the right decision and vote no against this proposal. Thank you. (Applause.) CHAIRMAN FIALA: Now, Commissioners, we forgot to have -- hear from staff. John David Moss? MR. MOSS: Thank you, Commissioner. For the record, John David Moss, Department of Zoning and Land Development Review. Comprehensive planning staff found the project to be generally consistent with the Growth Management Plan; however, they left the determination of the project's consistency with policy 504 of the Future Page 170 February 10,2009 Land Use Element and policy 1.3.1 of the recreation and open space element to the discretion of zoning and land development review staff. Zoning and land development review staff found the project to be inconsistent with these two policies and with nearly all of the applicable provisions of the LDC against which rezones are evaluated as outlined in the staff report. While zoning staffis of the opinion that the site might one day make an excellent location for overflow parking for Bayview Park, staff believes that the area is not ripe to be redeveloped, and approval of the proposal would amount to the creation of an isolated zoning district within an established community. Staff is also recommending denial; however, should the BCC choose to approve the petition, staff recommends that it be approved subject to conditions contained in Exhibit B of the proposed resolution, or ordinance, excuse me, thank you. CHAIRMAN FIALA: Thank you. Now, first Commissioner Coletta. COMMISSIONER COLETTA: Yes, a question regarding staff. And I'm a little bit confused. Doesn't the Compo Planning normally handle Compo Planning? MR. MOSS: Yes, sir. COMMISSIONER COLETTA: And zoning sticks with the LDC? MR. MOSS: Right. COMMISSIONER COLETTA: Why are you -- what was the reason this one time you got this anomaly where you're stepping over the boundary on that? MR. MOSS: These two policies that I cited are relative to compatibility, and rather than analyze the compatibility of these uses, comprehensive planning staff left that determination to zoning, and they just looked at the project from the growth management perspective to determine whether or not the parking lot would be Page 171 February 10, 2009 consistent with the Future Land Use Element. COMMISSIONER COLETTA: You know, what's very disheartening is the fact that when we started this whole process and we were looking to go forward with the purchasing of the lots, we didn't have any consult at that point in time that there may be this particular problem with being able to go forward. So we're, in good faith, going forward at all times. And so I'm a little bit perplexed with the fact that here we are, we're at the 11 th hour, and there's all sorts of issues out there, and staff is in disagreement with each other. It just doesn't make any sense. MR. MOSS: Yeah. It seems like there was a lack of communication between parks and between zoning staff, because had zoning staff been made aware of this, we would have been able to tell COMMISSIONER COLETTA: The same -- MR. MOSS: -- a long time ago that it's not something that we could have supported. COMMISSIONER COLETTA: Okay. Now, let's go back to the project itself, if we can. And let me understand what we're talking about. We're talking about expanding the present park to be able to accommodate from how many site (sic) spots to how many? MR. McALPIN: Commissioner, on the existing -- on the existing site we have 16 parking spots. We're going to expand that by 24 to a total of 40 parking spots on the existing site. And that will -- COMMISSIONER COLETTA: And when will that take place? MR. McALPIN: That will-- we're finalizing the zoning at this point in time. We're finding our -- excuse me. We're finalizing our permitting with the City of Naples right now. We expect that will take another four months, and then we will bring that to the commission at that point in time for approval. MR. MUDD: Does it need zoning? MR. McALPIN: It does not need zoning from the City of Page 172 February 10,2009 Naples. COMMISSIONER COLETTA: Okay. The next question is-- this is great -- CHAIRMAN FIALA: I'm sorry. Say that one more time. MR. McALPIN: The park site was in -- is located within the City of Naples. City of Naples has the jurisdiction over the modifications that we would do to the park site. So we're currently working with the City of Naples right now in finalizing our FDEP permit, and that will take us about four months to have complete. MR. MUDD: And I asked the question, ma'am, I said, Gary, does it take any zoning actions to reconfigure the existing park site? And he said no. MR. McALPIN: No. COMMISSIONER COLETTA: So that's a -- that's a given? MR. McALPIN: We expect that that would happen, yes, Commissioner. COMMISSIONER COLETTA: So then the next -- that takes care of the short-term, and we're looking at something else that's long-term. And the residents that live down there, like the residents that were in Goodland, the residents that were in other areas that we wanted to go forward with different boat parks and different ventures like this, beach access, parking garages, they have concerns, and rightly so, and I'm not going to argue with that; however, with that said, you know, we do have to meet a greater need of the public out there. Is there some validity to the fact that maybe we should wait and try to consolidate more properties to make this a more attractive thing so that it doesn't impose upon the neighborhoods? Is there also -- everybody keeps referring about this piece of property right next to there that I guess the Botanical Gardens owns, that that might be an option. Has that been looked into? Page 173 February 10, 2009 MR. McALPIN: Yes, we have looked at that, Commissioner. I met with Botanical Gardens. That property has a conservation easement on it. It would not be available. If they chose to sell it to us, we would not be available to expand that into parking. COMMISSIONER COLETTA: Okay. So that's just out of the picture? MR. McALPIN: It's out-- COMMISSIONER COLETTA: So everybody that referred to it didn't know those facts. MR. McALPIN: We've indicated that to people. Whether they've understood it that way or not, that's the situation. COMMISSIONER COLETTA: And I heard a suggestion about shuttling people from some distant point. I think we tried that before with beach access, and it doesn't work all that well, if I remember it correctly. People expect to be able to get reasonably close to the point that they're going to be using the amenity, and that's about it. I f today, if we went forward and we decided to direct you to go back and work this out as a long-term thing to try to bring the properties together in some meaningful fashion so we don't have this little gerrymandering taking place throughout the neighborhood, is that a doable thing, or have you reached the ends of what you can do there? MR. McALPIN: Well, we would continue to be available to willing sellers when they wanted to sell their property. We would try to accumulate property in contiguous locations such that we could add pieces together and come back to you when we had a spot that was large enough that we believe we could do something with, and that's what we've tried to do here. We tried to isolate them down to one corner of the property, and we have a proposal where we have 39 parking spots. If the commission directs us to continue with that policy, that's something we certainly can do. Page 174 February 10, 2009 COMMISSIONER COLETTA: Well, I think that would-- myself, at this point in time, but I want to hear from my fellow commissioners. I think the best direction to go would be to, one, get the park underway for the expansion within the present boundaries and, two, work out some long-range proposal that will encompass an area that would be more continuous to what we're looking at now and to continue to meet on a regular basis with the residents within the area. That's my suggestion at this point in time. I have other things, but I'm going to wait and give the other commissioners a chance to speak. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I'm somewhat perplexed, because as Commissioner Coletta said, that all of the staff sits in here in the meetings, and as we were going through this dialogue some time ago about going down there and looking at the property -- and this all started, I believe, with a bus trip in about 2003 when we started looking for additional access to the waterways, and then it was brought before the Board of County Commissioners. And I'm surprised that staff doesn't work together more closely so that we have a full understanding before we, the commission, have funds set aside to go out and purchase property. I'd like to remind everybody out here in the audience or TV land that since 2003 we've lost three huge marinas here in Collier County. Two of them have been on Naples Bay, Boat Haven and Turner Marine. And not too long ago we lost another marina up in North Naples. And probably the combined three facilities probably stored at least well over a thousand boats. The marina that was located up in North Naples was about 450 boats. So when you displace people like that, the only recourse they got -- and if they still want to boat is they have to go out and they have to buy a pick-up truck and they have to buy a trailer and haul their boat Page 175 February 10,2009 around. Of course, they probably have to pay storage charges so that they pay to get a storage lot. And I've gotten to the point where I've heard so many concerns about citizens that don't live exactly on the water where we want to deprive the citizens that maybe live a half a mile from the water and yet we don't want to have them have access to the waterways or to the beaches. And I find this very discouraging. We're a large community, we're going to get larger as time goes on, and I think that we need to work together as a group or as a community to figure out how we're going to address access to the waterways. We are spending an awful lot of money trying to clean up Naples Bay so that we can recreate even more so in that particular waterway. And I really believe that unless the citizens can tell me where we can go out and purchase property that's readily available at a reasonable price -- I'm open for any suggestions. But I believe that what we're trying to accomplish -- and even though it's piecemeal, it's the best that we can do at the present time because those marinas, we didn't have the ability to buy them. When they run the price of a marina, a working marina, to $22 million so that they can build residential, then somebody ends up being deprived, and it's the people that do not live, like myself, on the waterways, and I think that's totally wrong. CHAIRMAN FIALA: Thank you, Commissioner Halas. One of the things that -- I'm going to jump in here now and take my turn. One of the things we haven't taken into consideration here today -- and I haven't heard anyone mention it at all. We started buying this property back many years ago. Since that time, yes, we've -- developers have bought us out and so forth, but what we have been doing recently is buying smartly. First of all, we bought Port of the Islands. Now we've got plenty of parking there, which is great. Another thing we've done, we've expanded -- we are expanding right Page 176 February 10, 2009 now 951 from 19 boat parking spaces to 86. That wasn't even thought of at the time that we were buying up these properties right in between people's homes. I mean, I can't imagine -- I know Commissioner Halas is so protective over his neighborhood. He wouldn't even -- he would never let anybody do that to the homes in his neighborhood. And I'm sure that Commissioner Coletta when -- he's a private-property-rights guy. He would never let people come in and destroy the homes right in those people's neighborhoods. Okay. Going on. Goodland. We just voted this morning to build 75 parking spaces. We weren't going to be doing that either when we were buying this. Let me go on to say, Pulling Park -- Pulling Park hasn't even been mentioned today, but we're going to be able to build at Pulling Park, and the John Pulling people have said they want us to build it because the city didn't, and we're readily wanting to do that, and that's a wonderful thing. We have -- Brookside Marina is for sale, would be nice if we could sell these pieces of property right here and use the money that we have plus the parking spots and buy the Brookside Marina -- (Applause.) CHAIRMAN FIALA: -- plenty of parking there. So these are things. Plus we forgot to mention that the Caxambas Park, the overflow parking. They said they were spots short, but that overflow parking is never used. I go out there all the time, never even used. I've been out to your street, too. I went out there a week ago Sunday. There were three -- three trucks and trailers there. I couldn't believe it. I thought a Sunday afternoon at noon o'clock would -- everybody would be there. I was quite amazed. Friday Joe Schmitt went out there. What did you say, Joe, zero or three or what? Was -- that's all that were there. And same with this Page 177 February 10,2009 past Sunday. MR. SCHMITT: There was about six trucks out there, ma'am. For the record, Joe Schmitt. CHAIRMAN FIALA: I mean, so -- and I've been going out there during the week. And Gary McAlpin said there's 56, I think he said, every day. Wrong, wrong. I've been out there. I haven't see 56 -- I haven't even seen 56 in a week. (Applause.) CHAIRMAN FIALA: I just wanted to mention a few of those things. And we do have -- we do have other places, as I mentioned, that we are acting upon which we didn't have before. And for goodness sake, these are people's homes. I mean, I cannot imagine building a parking lot in between my house and your house. Well, we'll just put a parking lot here because we've bought this property. And listen, we're going to buy that one over there so we can pull the boats through. By the way, when they get off of the water, and they've been just drinking a little bit, they're going to just clean out their boat in between the houses, it's okay because we need extra parking for these boats, right? Wrong, wrong. I'm sorry. (Applause.) CHAIRMAN FIALA: So I just -- I just had to say that -- and by the way, in the whole -- in the whole executive summary, they talk about uses. They never say, in between uses, they never say they're houses. They just mention uses. Our Planning Commission did an outstanding job breaking this thing apart and pointing out why exactly it should never even be considered, and I was -- I was just ever so proud of them. (Applause.) CHAIRMAN FIALA: So that's all I have to say at this moment, and I'm sorry I jumped in front you Commissioner Coletta. I'm Page 178 February 10,2009 supposed to be presiding rather than on this high horse. But anyway. Commissioner Coyle? COMMISSIONER COYLE: Thank you very much, Madam Chair. You know, it's uncharacteristic of me to pass up an opportunity to criticize staff. But, you know -- but let's make sure that the public and everybody understands that this isn't a problem that was caused by staff. It was caused by the five people sitting up here on this dais. We were the ones who directed staff to go out and start buying this residential property, and our intentions were pure. There were a lot of homes there that were substandard and represented health and safety risks, and so we thought it would be a good idea. But our brains weren't working. We didn't think of the fact that we'd be building parking facilities right beside a home that somebody wanted to continue living in. Now, I would have appreciated if staff had come to us and said, what are you guys thinking? That would have helped, but if you look at it objectively, nobody should have had to tell us that. We should have known that there was going to be a problem putting parking lots beside residential properties. It's a problem we caused, and it's a problem, I think, we're right now ready to resolve. So let me -- let me point out a couple of things, and then I'm going to make a motion to put this thing to rest. First of all, I don't believe -- and I believe staffwill agree with me -- that we have not maximized the capacity of boat trailer parking in the current park. I believe we can increase the capacity by as much as 30 percent without even disturbing the playground. If you want to give consideration to moving the playground someplace else, you could create a lot more space for parking in that park, but I'm not suggesting that at this point in time. I think the neighborhood should be involved in that sort of a decision. The problem with using the mangrove property that is near the Page 179 February 10,2009 entrance to the park is that we can't destroy mangroves, so why would we want to spend money buying property that we can't use? That's why it hasn't been sold. It's been there for sale for a long time. So -- but there are things we can do, and here's what I propose we do. We disapprove the rezoning of these residential lots for parking facilities. Number two, we develop a plan to maximize the parking within the park. Number three, ifthere is sufficient public support to reduce the area of the playground, we could even expand it more for parking, but that's to be determined in coordination with the community . And number four, at the entrance to the park where boat trailers are parking on the shoulders on each side, I would suggest we improve those shoulders, if necessary, install culverts to provide for adequate drainage which would widen that area and permit it to still be used, if necessary, for overflow parking, and that would provide us substantial capability for boat trailer parking for Bayview Park. So those are the things that I would be supportive of. Now, if there's any property somewhere else that is reasonable for the use for boat trailer parking that we could purchase, I would be perfectly happy to see us sell off some of this property we've purchased along Danford and Bay Streets and use that money to buy that additional property, but that's something for future study. But anyway, that's my motion, and-- CHAIRMAN FIALA: I'll second the motion. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN FIALA: Next we have Commissioner Henning. COMMISSIONER HENNING: Well, depending on the weather is what you're going to see when you go down there. You're not going to see anybody go out this last weekend. CHAIRMAN FIALA: Well, it was gorgeous the weekend before, and it was -- COMMISSIONER HENNING: Well, I could tell you that I Page 180 February 10,2009 haven't had my boat out in a month, two months. It's either too windy or it's too damn cold. There's just reasons why you don't take the boat out. And it is busy there at times when appropriate, when the tide's right, you know, so on and so forth. I'd much rather continue this item and direct staff to come into compliance with our rules and regulations. I don't know what ROSE means unless it's -- somebody's trying to send us a message that it's close to Valentine's Day. I know what the policy, GMP policy is, but it's -- that ROSE is a new one on me. CHAIRMAN FIALA: I asked -- if I may jump in. It says Recreation and Open Space Element, ROSE. COMMISSIONER HENNING: Oh, okay. CHAIRMAN FIALA: Excuse me, I'm sorry. COMMISSIONER HENNING: The -- you know, it's -- I don't blame myself for purchasing this property. I think it's up to our staff to advise the Board of Commissioners, and somebody did not talk to another department to find out compatibility issues and so on and so forth. I'm not going to sell this property. I'm not going to vote to sell this property. We need to provide it for the future. And I think we're going to have some problems with other coastal management department capital improvements coming up. But we need to communicate, and we need to come into compliance with our code. CHAIRMAN FIALA: Joe Schmitt? MR. SCHMITT: Commissioner Henning, for the record, I mean, we were certainly aware of the county purchasing this property . We know when it was presented. This goes back to when John Dunnuck was, in fact, here. We're well aware of it. The staff, the zoning staff, the concern was merely that this may be too premature, but it was not that they could not build this, it was just the time -- the time was not right, and -- to acquire more property to facilitate the development of a parking lot. Page 181 February 10, 2009 So I just want to make sure it's clear that we did know, and the staff was aware. The comments were that you may want to hold off on this until you acquire more property. COMMISSIONER HENNING: Okay. MR. SCHMITT: So it was not that we didn't know. I certainly knew about it. COMMISSIONER HENNING: And I think -- thank you, Mr. Schmitt. And I think we ought to save it and acquire more property. CHAIRMAN FIALA: I think what happened at the time was-- you know, this whole area looked a lot different 10 years ago, I mean, really different. We didn't have a Hamilton Harbor. MR. SCHMITT: Exactly. CHAIRMAN FIALA: Bayshore wasn't picking up. This wasn't becoming -- they didn't have a CRA. This whole area is improving. It's becoming a wonderful place to live. That's why more people are living there. You've got people that live on this street not only 12 years, but 28 years, 33 years, 35 years. They love living there. And the complexion of the whole neighborhood has changed, and the feeling of the whole neighborhood has changed. And I think by moving forward with this, we're going to destroy a neighborhood, and I don't think that that's our purpose. Especially when we have opportunities to buy other places, as we have done, and there are more opportunities coming onboard, we shouldn't be destroying a neighborhood. COMMISSIONER HENNING: Then we never should have purchased that in the first place. CHAIRMAN FIALA: Well-- but we didn't know at the time. Let's give everybody the benefit of the doubt. We didn't know the neighborhood was going to improve, we didn't know we were going to be able to buy other places. Anyway, Commissioner Halas? COMMISSIONER HALAS: I just wanted to make sure that the Page 182 February 10,2009 board here understands the concerns that I'm bringing up, and that is the possibility of us ever buying any additional property that borders the water line in the urban area is getting less and less, and the price is getting prohibitive for the county to buy property. The county doesn't have deep pockets like developers do, and the problem is, is that we've let properties that are right on the coastal area slip away, and the majority of boating is done by the people that live in the urban area. And the urban area, I would classify as anything from the west side of 951 all the way to the shoreline. And I'm -- what we're doing here is we're tying our hands for future. Whether it's -- whether we're concerned about what's happening at the present, we have to look at the big picture and look at this as a future investment, because we are committed by state law to make sure that we have adequate access to the waterways. We just had an issue before us today where we voted down a private beach club because it didn't have any public benefit. And here we are right now taking away any ability to have the public get access to the waterway because there's no other place that there's of -- that's available that I know of along the coastline, and especially in Naples Bay. I just wonder what the concerns are, because it's a protected waterway. People -- ifthere's a storm, they can come in to -- at the pass, and they're in a protected waterway. CHAIRMAN FIALA: Thank you, Commissioner Halas. COMMISSIONER HALAS: And to me, I just don't understand what we're doing here. CHAIRMAN FIALA: Can you tell me how many spaces they're supposed to be building at Pulling Park, by the way? COMMISSIONER COYLE: No, I can't tell you that, no. And not only that, but please remember that the -- that the types of boats you're going to be putting in there are substantially limited, okay. So it's not going to provide the same opportunity that Bayview Park will Page 183 February 10,2009 provide. But let me -- let me address a couple of things and then get to Commissioner Halas' concerns. The public has every reason to be confused about why you have something presented to us today and you've got staff on the one hand saying, yeah, we support this thing and it's compatible, and then another staff saying, no, it's not. Let me tell you, that's a really good thing, because the last thing you want is the county manager or any of the administrators suppressing that kind of difference of opinion within the staff. They could easily have done that and told the two staffs, work out your differences right now, but the staff stood up for what they believed was the right position and for the right reasons. And to me, that's good government, because you get to hear both sides. So I would not criticize the staff for that at all. The other thing is, why didn't we do certain things with Hamilton Harbor? We didn't approve Hamilton Harbor. Hamilton Harbor was approved by the City of Naples. I happened to be on the city council in the '90s when it came up and had a role in that. But there was nothing that the county had to do with respect to Hamilton Harbor. That was solved largely through a lawsuit between the city and the Collier corporation. So there are lots of reasons why we're here today, but you need to understand the facts. Now finally to Commissioner Halas' concerns. There is nothing about my motion that reduces our ability to build more parking space for launching boats. There's nothing about my motion that requires that we dispose of any of the property that we have purchased. There is nothing about my motion which suggests that we should stop buying property, okay. AliI am saying is, we're not going to rezone that property because it is incompatible with the current residential use. But I have specifically said, maximize the parking facilities in the __ in the park as well as on the sides of the roads and the entrance to Page 184 February 10, 2009 the park. I believe we can double the size of the amount of parking we can accommodate by taking these actions. So we're not limiting access to the water. We're improving access to the water, and we are protecting residents from having a boat parking space beside their homes. (Applause.) CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you very much. I don't want to belabor this any longer, but there's a couple things I do need to point out to you. Are you going to laugh, Commissioner Henning? COMMISSIONER HENNING: No, I had to cough. COMMISSIONER COLETTA: You're right about that. The parking lot's not always filled down there to Bayview. I had that experience on a Saturday morning. Sunday I go to church, of course. But Saturday morning I went down there, and I was second in line. Don't worry, I pray for you every time, Commissioner Coyle. COMMISSIONER COYLE: I need all I can get. COMMISSIONER COLETTA: But I got there. We were second in line and there was nobody in the parking lot, but it was 5:30 in the morning. So we got in there when they opened the place up, we parked, we went out fishing, we came back, and the place was a mob scene. The whole parking lot was filled. It was lined up all the way down the road and around the corner. Man, I would appreciate the fact if I could go at six o'clock instead of 5:30, if we had enough parking places to be able to accommodate everyone. So it's a real issue. I mean, you can -- you can pick your times, your place, but I can tell you my own personal experience, every time I've been there -- of course, I never get to go during the week, I'll be honest with you. Page 185 February 10,2009 And I get to go about once every two to three months with my son, Scott. It's packed. It's absolutely packed. A lot of people are enjoying the amenity. So we have to do the right thing. Now, I agree with you. We've done some tremendous things as far as providing parking places and amenities for people that like to boat, and we're close to meeting the present need. The only thing is is that we have a responsibility as commissioners to be planning something out for the near -- for the future. The problem was in the past the commissioners that preceded us didn't do the planning. They handed it all off to us. We had the deficiency in our roads, the deficiency in our -- in our boat parking, we had a deficiency in parks and rec, everything you could think of, there was a deficiency we had to cover, and we worked very hard to be able to cover that deficiency. So now we need to be able to make future plans. Do we need to do this park today? I have no problem. I do have a question on procedure from where we are right now. We have a motion here that's to deny the zoning. Now, if the motion fails, the next motion, I assume, would be to approve the zoning, which would also fail. So I'm not too sure how we're going to get there. Commissioner Coyle did mention the fact that he's not asking for the properties to be sold. Maybe if we could elaborate a little bit on that, and that could be incorporated into the motion, it might give that some comfort level to the rest of us so we can end this issue and get on to the rest of the day. COMMISSIONER COYLE: I don't know what you want me to say about that. In order for anything to be done with that property, it would have to come back to this commission in a publicly advertised meeting anyway, no matter what motion I might make concerning that. All I'm saying to you is that I am not suggesting that you dispose of the property, because this might not be the time to dispose of the Page 1 86 February 10, 2009 property. You might want to hold onto the property for a while and dispose of it, if you wanted to dispose of it at all, at a price that is higher than what the prices are today. So all I'm trying to do is to provide some comfort that I'm not trying to force you to sell property at depressed values, you know. I'm not addressing it. I'm just saying, hey, keep the property, keep doing what you're doing. And if you've got some good buys, buy some more if you want to do that. COMMISSIONER COLETTA: Okay. So you're not eliminating the possibility that we might be able to put enough continuous property together, come to some reasonable understanding with the property owners and be able to go forward; is that correct? COMMISSIONER COYLE: If you address the needs of the community, I don't have a problem. COMMISSIONER COLETTA: Okay. And we're never going to do it 100 percent. Commissioner Fiala referred to the fact that if it was my district, I would never go along with it. That's not true. Under certain circumstances, I would work with them. I had to do that down at the Port of the Isles. There was tremendous resistance in the beginning over doing that boat ramp and all that. They were very concerned what the county motives was. The whole thing that got us there was the fact that they're going to be able to have their fire department locate in one of the buildings, which meets an -- immediate pressing needs for them. We went through this with Goodland. Remember all the problems there and how we all worked through these issues? Community totally up in arms against it. And the next thing you know, they come to us and they embrace us very closely, and they want us to do that because they don't want it to go back to commercial. So it's all a matter of time and certain factors that may come into play. So I say we keep our options open. If this in no way impedes our Page 187 February 10,2009 ability to be able to go forward and to -- of course, with the commission's oversight on every single action, be able to look at future property purchases to be able to put together some continuous part as time goes along, this may be the right time, it may be the wrong time. The whole thing is, as like has been mentioned several times here, you know, we're planning for a much distant future, and we're assuming the responsibility to it. And we heard Commissioner Halas refer to some lost opportunities out there, and this could be another one if we don't at least keep the option alive for someone else to be able to deal with in another year or two or who knows when. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. County Attorney, if -- the way the motion is made at the present time, does this give us the ability to bring this back, or is this killed forever? MR. KLATZKOW: No, it's not killed forever. You could bring it back. I haven't heard any direction to the county manager to dispose of the property . You will still own that property. COMMISSIONER HALAS: Okay. Because I just -- I just feel that we have to look way out, we have to make sure that we have access to the waterways for the public, for the -- and this is the benefit of the public. This isn't a private beach club or anything else. This is the opportunity for the public to have access to the waterways. And I just want to make sure we don't get ourselves in the position here where if this is turned down, that the option is no longer open at any time. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, my opinion, if you really want to have off-site parking, you would ask for a continuance of this rezone, give staff direction to acquire more properties to make sure that it is consistent with our Growth Management Plan. COMMISSIONER COLETTA: Requires three people for a Page 188 February 10, 2009 continuance? COMMISSIONER HENNING: Yep. And I mean, that -- you know, if you give staff direction to improve the properties or the Bayview Park to maximize the parking, this board will never see more parking, off-site parking. I'd rather -- rather continue it myself. COMMISSIONER COLETTA: Okay. CHAIRMAN FIALA: Not me. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Then that means you disregard the recommendations of the Planning Commission and part of our staff. I think that's a very serious action to take. COMMISSIONER HENNING: Well, that's not true. COMMISSIONER COYLE: They have -- they have clearly said that the rezone is not consistent with the LCD or the Growth Management Plan, and that's exactly what you're saying is that the rezone we would not approve, but we will approve the expansion of the Bayshore Park parking and the improvement of Danford Street shoulder so that we could have more parking, overflow parking, there. So we are taking action to get more parking, but we're also protecting the property rights of the people who live there. Because if you continue the process of studying the parking lots in the neighborhood, you continue to erode the value of the property of the people who live there, and that is not in the best interests of that community and it doesn't get you any more parking lots, because you're going to have to face the issue of an inconsistency, an incompatibility with the LDC and the Growth Management Plan in order to do the rezoning. So if you're not going to do the zoning, why do you want to have it continued? CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Can I just bring one sentence to the attention of my fellow commissioners? It's on the top of Page 5, the Page 189 February 10, 2009 very first sentence. Based upon the above analysis, comprehensive planning staff concludes this petition may be deemed consistent with the FLUE and the GMP. CHAIRMAN FIALA: Well, now let's read it farther, or on the rest of the things where it -- COMMISSIONER HALAS: Based upon the above analysis which is the ROSE policy -- and it goes to the FLUE and the transportation element -- says the above analysis, the comprehensive planning staff concludes this petition, it may be deemed consistent with the FLUE of the GMP. CHAIRMAN FIALA: But yet farther on down on Page 8 it says, land and -- zoning and land development review staff finds the proposed parking lot to be incompatible with the provisions of the LDC. COMMISSIONER HALAS: This is the Collier Planning Commission, right, that you're seeing? CHAIRMAN FIALA: Summary, summary. COMMISSIONER HALAS: Summary. I'm just going by five. CHAIRMAN FIALA: Again, staff finds the proposed access road linking to be inconsistent with the ROSE policy, so -- COMMISSIONER HALAS: Well, then if! -- CHAIRMAN FIALA: I'm sorry to jump in. COMMISSIONER HENNING: I'm going to call the motion. COMMISSIONER COLETTA: Well, not till after I spoke, please. I just -- I just need a little more clarification on -- okay. If the motion fails that's on the floor right now and the next motion made is to continue it to some future undetermined date, does this have anything to do with the parking -- the reconfiguring of the parking lot? That's absolutely nothing. COMMISSIONER COYLE: Well, it stops it because you haven't provided guidance. COMMISSIONER COLETTA: No, no. I'm talking about the -- Page 190 February 10, 2009 excuse me. Let me clarify that. I'm talking about the boat park. Is it __ the reconfining of the boat park, does it have anything to do with this particular motion that's on the floor, what we're dealing with in this agenda? MR. KLA TZKOW: The motion that's currently on the floor has four parts, one of which would be to direct staff to look into expanding the existing boat park -- boat parking. COMMISSIONER COLETTA: So at this point in time, we haven't agreed to expand the boat park. MR. KLATZKOW: That's correct. MR. MUDD: I have five things -- I have five things on this motion, five, okay? You said four. Let's make sure you don't have an and or a conjunction someplace that's adding the two together. I've got, number one, disapprove the rezone as it's been stated today in this particular item. That's one. Maximize parking in the park. So in other words, reconfigure the existing park that exists today and go to the 40 spaces versus the 16 or 18 that are there. Number three, improve and widen areas along the road, and Commissioner Coyle said Danford Street, so I wrote it down, including putting culverts in there to maximize the flushing or whatever and minimize whatever pollution that was brought up. Number four, keep existing property. And number five, keep buying where it makes sense, i.e., it there's a really good deal in the area that comes up in order to maybe package it later on in the future. Those were the five items that I listened to, that I heard in the motion. COMMISSIONER COLETTA: Okay. Now, the park itself, to be able to reconfigure the park; does that come under a land use item? MR. MUDD: No, sir. COMMISSIONER COLETTA: So that would only require Page 191 February 10,2009 three? MR. MUDD: Yes, sir. CHAIRMAN FIALA: Okay. And before I ask for the motion -- to the vote, I just want to add, one of our staff members who -- you know, one of our top staff members who I respect a whole heck of a lot said, this is probably government at its worst. I just wanted to throw that in as we go to vote for it. There's a motion on the floor and a second. Do I hear any other discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. And opposed? COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: So we have three opposed to the perfectly wonderful motion. Yes? COMMISSIONER HENNING: Well, you know, that's why there's five up here because we have five independent opinions, and I respect the others for their opinion. I'm going to make a motion to continue and direct staff to bring this back in the future when this is ripe and it is consistent with our Growth Management Plan or our Land Development Code. COMMISSIONER COLETTA: Commissioner Henning, I'll second it if you also include that we move forward with the reconfiguring of the parking within the boat park itself. COMMISSIONER HENNING: How about if I include to my motion to direct staff to bring back to us a conceptual site plan for that? Page 192 February 10,2009 COMMISSIONER COLETTA: With the understanding we've got two different issues. One's going to be sooner than the other. COMMISSIONER HENNING: Yeah. This -- what you -- you want me to do, to put in my motion, really doesn't belong in the motion, but I'll put it in there. COMMISSIONER COLETTA: Well, I just don't (sic) want to make sure we cut off our ability to be able to expand this park at this point in time. One is the present situation, another one is a future one. How far in the future, who knows. COMMISSIONER HENNING: I understand what you're saying. COMMISSIONER COLETTA: Do you think your motion covers that? COMMISSIONER HENNING: Yes. There is a present need there. CHAIRMAN FIALA: Would you state your motion one more time? COMMISSIONER HENNING: The motion is to continue this indefinitely and direct staff to get this petition in compatibility with our Land Development Code, our Growth Management Plan, and also direct staff to bring back some conceptuals for expanding the existing Bayview Park parking within the park. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: And there was a second to that motion? COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Any discussion? Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have a question. The advertised issue here is to determine if this property can be -- will be rezoned. That isn't being answered by this particular motion. (Applause.) COMMISSIONER COYLE: So, you know, are we trying to deal with another subject that wasn't advertised, or are we going to take action on the subject that was advertised? Page 193 February 10,2009 COMMISSIONER HENNING: Can I answer that? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: The -- nothing's going to happen unless it is advertised either on our regular agenda, or any rezone will be publicly advertised. And by the way, the previous motion doesn't comply to other ordinances as far as right-of-way parking. Ifwe make improvements to the side streets, culverts, and encourage people to park there, it's inconsistent with another ordinance which we don't allow other residents to do. So why would we not be in compliance in our own ordinance? COMMISSIONER COYLE: Because of the requirements. COMMISSIONER HENNING: Pardon me? COMMISSIONER COYLE: Because of requirements, if we want to maximize access to the water, we do things that might not be permitted in Golden Gate City, okay. Just like -- just like the City of Naples permits boat parking on the grass on vacant lots for parking of boats or parking of vehicles and trailers after the boats are launched. They don't normally permit that, but they permit it specifically for that purpose. COMMISSIONER HENNING: Well, from my conversation with the county attorney, when we do ordinances, we want to do ordinances for the whole county for equality reasons. COMMISSIONER COYLE: Well, we really don't because we're considering making exceptions for Immokalee. So we could keep that argument going on all day if you want to do it. COMMISSIONER COLETTA: Yeah, let's call it a draw on that part. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: County Attorney, can you pine in -- opine on this motion that's on the floor? MR. KLA TZKOW: I think what you've done is you've killed this particular application. This one's done, all right. You're required Page 194 February 10,2009 four votes to pass. Two of you are obviously opposed to it. So this particular application, this particular form is now dead. What Commissioner Henning is saying is if the staff is okay, look to acquire more properties, and when you can come back to us with a viable project -- and it will be a different project than the one that's been shown to you now -- then come back. In the meantime, come back to us with a Site Development Plan -- or conceptual Site Development Plan showing the expansion for the park. I believe that's what you've done, and it's appropriate to do it this way. COMMISSIONER COYLE: And so -- CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: -- that leaves all the residents in limbo. You don't know what's going to happen to you. That's right. Okay. CHAIRMAN FIALA: Don't sell your properties, folks. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. That's a 3-2 vote. MR. MUDD: Commissioner, that brings us to-- CHAIRMAN FIALA: I think we're going to go take a break. COMMISSIONER COLETT A: Yeah, please, thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, you have a hot mike. You have two time certains. CHAIRMAN FIALA: Thank you very much. Page 195 February 10,2009 Item #9E RESOLUTION 2009-37: APPOINTING DR. JAMES V. T ALANO (MD), STEVE SHAFOR (PHARMACIST), W AL TER KOPKA (EMS), ROBERT METZGER (FIRE CHIEF ASSOCIATION) AND LINDA MITCHELL (EMERGENCY ROOM RN) TO THE EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD - ADOPTED MR. MUDD: Okay. First time certain is four o'clock. I think we've exceeded that, but we'll try, and that was Item 9E to be heard at four p.m., and it's appointment of members to the Emergency Medical Services Policy Advisory Board. The item was asked for a time certain at Commissioner Henning's request. COMMISSIONER HENNING: The reason I asked for a time certain is because what the board's direction through the ordinances is not what we got. And I met with people from the local hospital emergency room, and they'll probably want to address the board to share their concerns. CHAIRMAN FIALA: Oh, okay. So would you like to come up then, is that how you want -- MS. FILSON: I have speakers. CHAIRMAN FIALA: Okay. How many speakers? MS. FILSON: Just one. CHAIRMAN FIALA: Okay. MS. FILSON: John Lewis. DR. LEWIS: Good afternoon. Thank you for giving me the opportunity to speak. I appreciate it. I've been a board certified emergency physician and practiced in Collier County for the last 15 years and have had the privilege of caring for many patients in our community and many that arrived in Page 196 February 10, 2009 the pre-hospital setting. And I consider it a privilege to be able to do this, and I think it's also give me and my colleagues a significant insight on what happens before the patients arrive in the hospital. And recently, as a citizen of our county, I've grown a little frustrated with what's happened in the paper with EMS and fire and some of the battles that are waging, and I'm concerned that the patients are going to get lost in the formula. And I applaud the commissioners for forming this advisory board, and I feel it will be a good thing. One of the things that concerns me is that the Collier County Medical Society has nominated a non-emergency physician for this advisory role, and I feel this is a mistake. I truly think that someone needs to have the experience and the background to understand some of the nuances of some of these decisions, and I would strongly ask the commissioners, please consider enforcing this ordinance and having it be an ER physician. Furthermore, given the complexity of our county, very large county, we have two large hospital systems. I would recommend that we have representation from both hospital systems. So I would recommend expanding this board, this committee, slightly to include one emergency physician from the NCH Healthcare System and one from the HMA healthcare system. That way all of the needs of the community are met. I think that each hospital system had their own intricacies and concerns, and I think the only way to really have them be registered is if we have people there that are shareholders and stakeholders in this problem. I thank you for your time and appreciate any questions you may have. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: And I agree with that. I think Page 197 February 10, 2009 that we do need people from both hospitals in the emergency care facilities. But also we have another problem. We asked for the Fire Chiefs Association to have somebody come forward, but our ordinance says it must comply with -- CHAIRMAN FIALA: Bless you both. COMMISSIONER HENNING: -- I think it's 2001-55 ordinance where it states you need to be a resident. So that's another problem that we have. So I really don't want to continue this, but to be fair is -- is we task our staff to reach out to the two hospitals and get doctors from the emergency rooms from -- CHAIRMAN FIALA: Fair is fair. COMMISSIONER HENNING: -- from Naples Community Hospital and Physicians Regional and ask the Fire Chiefs Association to make a recommendation for somebody who is a resident of Collier County . CHAIRMAN FIALA: Do we then have to -- excuse me, Commissioner Halas and Coyle. Do we have to then change our ordinance to sayan emergency room physician from each hospital so that it reads correctly? COMMISSIONER HENNING: You'll have to ask the county attorney. MR. KLA TZKOW: If you're looking for -- if that's what you're looking for, we'll have to amend the ordinance. But then keep in mind we'll have six people on this board. You're always better off with an odd number just for purposes of breaking the tie. COMMISSIONER HENNING: But we can also -- couldn't we remove an RN from the ordinance -- MR. KLATZKOW: It's your ordinance. COMMISSIONER HENNING: -- and then have it two physicians and one emergency room. I don't have the ordinance number front of me. MR. KLATZKOW: Yes, you-- Page 198 February 10, 2009 MR. MUDD: Commissioner, that would be five members. Right now the ordinance reads, one emergency room physician, emergency room nurse, a pharmacist, a representative from the -- reading the letters that you sign. CHAIRMAN FIALA: EMS. MR. MUDD: Okay, from EMS, and one representative from the Fire Chiefs Association. MS. FILSON: And you have enough members to appoint, other than the questions you have, they sent you two RN s to choose one of the RNs. COMMISSIONER HENNING: Okay. MS. FILSON: So they aren't both for appointment. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: One of them was located in Lee County. COMMISSIONER HENNING: You have other commissioners. COMMISSIONER HALAS: Fire chief. CHAIRMAN FIALA: No, that's RN, works in Lee County. COMMISSIONER COYLE: But resides here. CHAIRMAN FIALA: But doesn't work in our hospitals. Wouldn't we want him to work here so he knows our system? This is where they would be bringing these people. Anyway. Okay. So then what do you propose to do? COMMISSIONER HENNING: Well, I propose that we task our staff to reach out to the two hospitals and get MD -- emergency room MDs, ask the chiefs association to provide us a resident -- a voting resident of Collier County on this committee. CHAIRMAN FIALA: Okay. Do 1-- and that's a motion? COMMISSIONER HENNING: Yeah, make that a motion. CHAIRMAN FIALA: Okay. Do I hear a second so we can move forward? COMMISSIONER COLETTA: I'm not ready to make a second because I've got too many questions. Page 199 February 10,2009 COMMISSIONER HALAS: I've got some questions on that, too. CHAIRMAN FIALA: Okay. Well, Commissioner Halas is first, then Coyle, then Coletta. COMMISSIONER HALAS: Okay. My understanding, the-- both RNs that are -- everybody is a Collier County resident and they live in a certain district except for the fire chief -- MS. FILSON: That's correct. COMMISSIONER HALAS: -- who resides outside the community. MS. FILSON: Yes. COMMISSIONER HALAS: So the only thing we really need to do is -- in our ordinance it says that we have one RN; is that correct? MS. FILSON: That's correct. COMMISSIONER HALAS: So we have to determine what -- which one we want. MS. FILSON: Correct. COMMISSIONER HALAS: And then that gives us the opportunity -- no, it doesn't either. CHAIRMAN FIALA: We could do two people to make seven. COMMISSIONER HALAS: Well, I think what we wanted to do was try to keep the committee as small as possible so we could get some things done. How about if we do is -- that at one point, when we appoint a doctor, that we have the doctor alternate from one hospital versus the other hospital? And I do agree that that doctor should be -- have emergency room experience. So if we have one doctor that is emergency-room experienced from NCH, and then the next time there's an opening, then there has to be a doctor from the other hospital that then is considered. I think that would help fulfill the concerns that we have here. And I think that we need to put this back out, as Commissioner Henning said, to have the fire chiefs come up with someone that Page 200 February 10,2009 resides here in Collier County. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think the idea of alternating is probably good, but let's go back to the original purposes of this, and it was to get the best qualified person to provide us with advice concerning treatment protocols and to verify and certify Dr. Tober's recommendations to the board. It was not to make sure that every medical institution in Collier County was represented. That's not the purpose here. But if we wanted to rotate it between various places, we can do that. The question is, is that still going to get us the best qualified person? I don't know, and that's why we went to the Medical Society, because it would seem to me that they would understand who the best qualified people are for this kind of thing. COMMISSIONER HALAS: That's right. COMMISSIONER COYLE: And so I'm still inclined to accept their recommendations, whether this person has had emergency room experience or not. His cardiology experience is extensive. We have an elderly population that has a lot of cardiology problems here. But I'm just sort of curious as to why this has arisen at this point in time rather than at the time when we were debating this and soliciting recommendations. I'd really like to understand what's brought this up and what's behind all this, quite frankly. But I don't see any reason why we can't proceed with what we've got, quite frankly. You know, all we're doing is delaying and delaying and delaying this stuff and, consequently, we're keeping people from certifying and implementing appropriate protocols that have been under debate for months, if not years, and I'd like to move this process ahead and get something done. COMMISSIONER HALAS: What about this, this one last one? COMMISSIONER COYLE: The fire chief issue is one that did trouble me, but I -- once again, we have to be in a position of trying to Page 201 February 10,2009 get the best qualified people. Now, we have on occasion waived a requirement for residency because the best qualified person wasn't a resident. I see nothing wrong with doing that here. If Chief Metzger is, in the opinion of the Fire Chiefs Association, the best qualified person that they can think of, I don't see any reason why we shouldn't accept him and waive the residency requirement. I mean, after all, he does work here. He's responsible for this area, he understands the protocols, he's been on EMSAC. Why would we deprive ourselves of the best qualified person just because his address looks funny? CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I agree with you, Commissioner Coyle. I don't know why we're belaboring this any longer. If we want to put together something that's totally fair for the community, we'd have to grow this to about 21 people. COMMISSIONER COYLE: Yep. COMMISSIONER COLETTA: I think we've met it here. I do think we need only one RN on there. I think an RN is absolutely necessary to balance this whole thing. They deal with a certain element out there that none of the other ones do. And it would -- if Commissioner Henning's motion hasn't received a second and it failed, I would like to make a motion. May I? CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: I'd make a motion that we go ahead and we pick out Linda Mitchell for the RN, James V. Talano -- COMMISSIONER COYLE: Talano. COMMISSIONER COLETTA: -- for the MD, Steve Shafor for the para- -- CHAIRMAN FIALA: Pharmacist. COMMISSIONER COLETTA: -- pharmacist, and Walter Kopak (sic) -- CHAIRMAN FIALA: Kopka. Page 202 February 10,2009 COMMISSIONER COLETTA: -- for EMS, and Robert Metzger for the fire chief. And there's nothing -- I don't think there's anything in our ordinances that do not allow us to pick somebody from Lee County; is that correct, Mr. Klatzkow? MR. KLA TZKOW: Well, I don't mind if you do it here, but when you're done, I'd ask you for direction to modify the ordinance so you can do this for all boards as policy direction. MS. FILSON: There is something in the board (sic) that says you can exempt that policy if it's in the ordinance creating the committee, Section 5 of2001-55. COMMISSIONER COLETTA: Incorporate in my motion now or make it afterwards? MR. KLA TZKOW: Afterwards you can give staff direction or me direction. CHAIRMAN FIALA: Okay. So I have a motion on the floor. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: And a second by Commissioner Coyle. Yes, Commissioner Henning? COMMISSIONER HENNING: Wouldn't it be easier just to amend this policy committee, because the medical doctor is not an emergency room physician, because you'd have to amend that anyways. That's the requirement under this one. And, you know, I -- on the fly, we really need to think about amending our ordinance to require for nonresidents to make -- be making policy recommendations to the Board of Commissioners. You're going to have to amend this ordinance anyways. So if you're okay with a nonresident from the Fire Chiefs Association, then amend it, but you still need to amend the requirements for a nonemergency MD. CHAIRMAN FIALA: Yep. It does say that. COMMISSIONER HENNING: And I'm okay with the motion, if that's what the majority wants. Page 203 February 10,2009 COMMISSIONER COYLE: You know, it -- the point here is that there are going to be times in the future when maybe an emergency room physician doesn't have the time to serve on this board and they will not be able to nominate or suggest an emergency room physician to participate on this advisory board. We need the flexibility to make modifications to make sure that we have the best possible person we can get. In all of our advisory committees we have to accept the best person who applies. We're not necessarily getting the best person in Collier County. We're getting the best person who applies. And if we don't have enough emergency room physicians applying or we don't have any emergency room physicians applying for this thing, we need to have the authority to select somebody. So what do we need to do to -- MR. KLA TZKOW: I will work with the county manager and we'll come back with the proposed revisions to this ordinance that will give you far greater flexibility than we have now. But having said that, I don't see any reason why you couldn't vote for these applicants if that's what you want. COMMISSIONER COYLE: That's what I would like to do. I think the motion is still good. MS. FILSON: Can I just -- COMMISSIONER COYLE: No. MS. FILSON: I didn't advertise these. COMMISSIONER COYLE: You're going to do it anyway, aren't you? MS. FILSON: I didn't advertise these positions. COMMISSIONER COYLE: You did not? MS. FILSON: I did not advertise these positions. The chairman wrote a letter to the Medical Society and one to the Fire Chiefs Association asking them to submit their recommendations. COMMISSIONER COYLE: Well, that's what the ordinance said Page 204 February 10,2009 to do, right? MS. FILSON: Yes. COMMISSIONER COYLE: Okay. MR. MUDD: Yes. On the 24th of December -- excuse me -- the 23rd of December, the chairman sent letters to the Collier County Medical Society asking for those three people, emergency room physician, emergency room nurse, and a pharmacist, and then you went to the fire chiefs' counsel and asked them for a representative, and the EMS representative came from staff. COMMISSIONER COYLE: Well, yeah, but you understand the point of my statement? They're going to get their nominations from the physicians who will volunteer to be a part of this thing. There are some emergency room physicians who might feel they are far too busy to do this so they're just not going to volunteer. So the Medical Society won't have anybody to nominate. MR. KLATZKOW: This is an advisory board. They're for your benefit. COMMISSIONER COYLE: That's right, that's right. Well, so you can work it out so we can cover the bases on the -- MR. KLATZKOW: I will give you back an ordinance that will cover whatever decision you reach here today. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Let's set the record straight. The ordinance says we want an emergency room physician. This board decided to go to the Medical Society. Emergency room physicians is not a member of the Medical Society, okay? So they're not going to recommend somebody who -- well, obviously they didn't recommend somebody who is not on their membership. So let's get the record straight. We did not ask the emergency room physicians if they want to sit on this. And the policies that they're going to recommend might be very concerning to the Page 205 February 10,2009 emergency room physicians. So what do they say? Stuff in, stuff out. CHAIRMAN FIALA: Well, if we didn't ask for a -- ask the emergency room physicians for a recommendation, we went to somebody who doesn't have a member that has any emergency, then it sounds like we went to the wrong place. COMMISSIONER HENNING: Absolutely. CHAIRMAN FIALA: Right. COMMISSIONER COYLE: Who has decided that emergency room physicians don't belong to the Medical Society? Who decided that? COMMISSIONER HENNING: That's what I was told is they don't -- COMMISSIONER COYLE: Well, we don't want to work off what you were told. CHAIRMAN FIALA: Is that true? COMMISSIONER COYLE: We want to find out-- DR. LEWIS: For the most part. COMMISSIONER COYLE: Well, for the most part. There's nothing in the Medical Society that excludes emergency room physicians. Okay. Then let's make sure we clear that up. You know, we're nit-picking here for some reason that I don't really fully understand. COMMISSIONER HENNING: I just want to get the record straight. COMMISSIONER COYLE: I would like to call -- have the question called, and let's get this voted on. CHAIRMAN FIALA: Okay. We have a -- would you repeat the motion please? COMMISSIONER COYLE: It was -- it was Commissioner Coletta's motion. COMMISSIONER COLETTA: It was I that made the motion, Page 206 February 10,2009 and I'll ask our county manager to go ahead and repeat it. MS. FILSON: I have it marked, Mr. Mudd, if you need me to read it. MR. MUDD: Good. The five people would help a little bit, especially the nurse. MS. FILSON: Linda Mitchell is the RN; James Talano is the MD; Steve Shafor is the Pharmacist; Walter Kopka is the EMS representative; and Robert Metzger, the Fire Chiefs Association representative. COMMISSIONER COLETTA: Absolutely correct, Ms. Filson. CHAIRMAN FIALA: And the second was who? COMMISSIONER COYLE: Me. CHAIRMAN FIALA: So I have a motion on the floor to approve these five people to this particular committee, Emergency Medical Policy Advisory Committee. Motion was made by Commissioner Coletta, seconded by Commissioner Coyle. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That's a 4-1 vote. Thank you. Item #IOF RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE HAVING STAFF ADVERTISE Page 207 February 10,2009 AND RETURN FOR THE BOARD'S CONSIDERATION AT A FUTURE MEETING THE LITTER, WEED AND EXOTIC CONTROL ORDINANCE (ORDINANCE NUMBER 05-44) TO CLARIFY THE REQUIREMENTS FOR THE SPECIAL MAGISTRATES ROLE IN THE IMPOSITION OF NUISANCE ABATEMENT LIENS AND TO INCORPORATE THE BOARD'S PRIOR DIRECTION AS REFLECTED ON THE A TT ACHED PROPOSED AMENDED ORDINANCE - MOTION TO APPROVE FOR ADVERTISING, TO INCLUDE 30 FOOT BUFFER ZONE AROUND PRIMARY RESIDENTIAL STRUCTURES IN GOLDEN GA TE ESTATES - APPROVED MR. MUDD: Commissioners, that would bring us to our next time-certain item, which was at 4:30, and that's Item \OF, and that reads, a recommendation that the Board of County Commissioners approve having staff advertise and return for the board's consideration at a future meeting the litter, weed, and exotic control ordinance, ordinance number 05-44, to clarify the requirements for the special magistrate's role in the imposition of nuisance abatement liens and to incorporate the board's prior direction as reflected on the attached proposed amended ordinance. This item was asked to come on the regular agenda by Commissioner Coletta. COMMISSIONER COLETTA: If! may? CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Peter, would you be so kind to go out in the hall and tell the chief to come back? I need him here for this, too. This has to do with two things that are on there that I need some clarification. And one, of course, has raised quite a bit of concern. But I think that some of that concern's been abated as we've gone forward -- is the idea of the -- did we catch him, great -- the ordinance Page 208 February 10, 2009 regarding the cutting of vegetative matter within 30 feet of a dwelling or an auxiliary structure. And as a measure to try to meet some of the needs of the residents, you dropped the auxiliary structure off that. I don't feel comfortable without hearing from somebody that's got a little more authority in this. Chief, would you -- forgive me for calling you unprepared, but this has to deal with that ordinance change we're looking at. I know we're in the midst of the fire season. Are you familiar with what we're talking about? CHIEF METZGER: I have had an extremely brief overview on what you're talking about. COMMISSIONER COLETTA: Okay. CHIEF METZGER: But you can probably guess my position. COMMISSIONER COLETTA: No, I can't. No, really, I can't, and that's why I'm glad you're here. Ms. Flagg, would you be so kind as to state exactly how this ordinance is put together regarding the requirements for cutting brush and grass in the Estates area. MS. FLAGG: Diane Flagg, Code Enforcement Director, for the record. This is to mow or remove weeds and grass 30 feet from a residential structure, and Chief Metzger has -- his district covers quite a bit of the Estates area, which is -- right now it's a requirement for all mowable lots excluding Estates, and this proposal was just to limit it to 30 feet of residential structures within the Estates area. Chief Metzger? CHIEF METZGER: And Robert Metzger, Fire Chief of Golden Gate, for the record. If! understand the ordinance correctly, you're talking about 30 feet -- from 30 feet in to the structure; in other words, from a structure and 30 feet out? Page 209 February 10,2009 MS. FLAGG: Correct. COMMISSIONER COLETTA: Where possible. I mean, the lot might not be 30 feet going from the structure -- MS. FLAGG: And/or to the lot line. COMMISSIONER COLETTA: -- somebody else's property. CHIEF METZGER: Part of good management of a person's property to protect a structure during fire season is to maintain a clear distance around the structure so that we can suppress fire. That distance is 30 feet. And what we support is maintenance of that area so that any brush or any growth is controlled to a degree that it does not encourage or promote fire. And when it's left to overgrow, even if-- even if it's cut down to a -- say, a degree of 18 inches or something like that, that still may present a substantial fire load. Our position is that there ought to be some control of that 30-foot area around the property such that it doesn't promote fire during fire season. COMMISSIONER COLETTA: Okay. What about auxiliary structures? CHIEF METZGER: Well, when you say that, if you're just talking about a detached out-structure that is storing things of the owner's choosing or so forth, I think it makes sense for the individual to still protect that in the same manner, but when we go out to fight wildland fire, the exterior structures that are detached from the primary residents we generally do not take a stand on. We take a stand on the residences themselves. So it's -- while we promote good fire practice out there, we as a fire district are taking a stand on the primary residence. COMMISSIONER COLETTA: I understand. But just to be able to give direction to us, if we want to make sure that whatever we come up with meets the safety needs of the public but is not overimposing as far as take away personal freedoms to be able to make their own Page 210 February 10,2009 choices -- so it's not a real concern of yours as far as the auxiliary structures go as far as -- the way the ordinance is now written, it exempts auxiliary structures from it. You don't have a problem with that? CHIEF METZGER: I don't have a real problem with that, Commissioner. COMMISSIONER COLETTA: Thank you. You've been most valuable with what you have passed on. But probably the -- one of the other reasons, too, that I pulled this was another part of the ordinance that I find extremely troublesome, and we've got a couple of speakers, too, that are going to be addressing it. Thank you, Chief. But it has to deal with the compost ordinance. I'm totally lost what we're trying to accomplish. If there's ever an overexertion of government authority, it's that ordinance. It makes absolutely no sense. Objectionable odor. I'm trying to figure out what that is and how you set up a compost pile. Are we going to require our code enforcement officers to go into people's yards and start tearing the compost pile apart to find out if it has objectionable pieces of material in it? Even though we're exempting the Estates from this the way it's presently written because of the objection of members of the civic society -- civic association, for just reasons, I still have concern about it applying to the rest of the county. I really do. I just -- I think it's overambitious and doesn't accomplish any meaningful goal. And with that, I'm going to turn it back to you and the commissioners and the speakers that you have. CHAIRMAN FIALA: Okay, fine. I have five speakers. Commissioner Henning, would you like to hear the speakers first? COMMISSIONER HENNING: No, because I think they'd be Page 211 February 10, 2009 interested in other provisions in here. But just to clarify the composting, it came about because code enforcement was -- if somebody had a pile of palm fronds, that they would cite them for -- under the weed and litter ordinance. That's why it's there, and besides the fact, composting is good for our landfill. The second thing is, under the exemptions, Golden Gate -- Golden Gate Estates was exempt. Now it says, properties that are unimproved that are located within the Estates zoning districts shall be exempt from nuisance declaration. That was weed and litter. On your page, it would be Page 10 of 28, number two -- number one, if you read number one and then read number two, I'm not sure what we're doing. MR. TEACH: Commissioner, I'm trying to -- I was talking to Diane about something else. I'm trying to catch up here. Commissioner, we could -- certainly those sections could be clarified. COMMISSIONER HENNING: What's the intent? Before you bring it back for advertising, what do you -- what does staff want to do with this? MS. FLAGG: I believe the desire is to exempt the Estates from the -- any composting requirements based upon the feedback from some of the Estates residents. COMMISSIONER HENNING: Right, right, but this, in the amendment exemptions it said -- I'll read it to you. All areas zoned in the Estates shall be exempt from, crossed out weed, exotic plant, public nuisance declaration provided under this ordinance. Number two it says, properties that are unimproved in the location of area within Golden Gate Estates, it designates, shall be exempt from the weed public nuisance declaration provided under this ordinance. MS. FLAGG: Right. If you go to -- I think the composting is number four -- all properties with agriculture and Estates zoning is Page 212 February 10,2009 exempt from the composting requirements. COMMISSIONER HENNING: And I do understand that. The one and two I don't understand, because unimproved property, what you're saying is, it's exempt from the weeds, but it's not exempt from the exotics. MR. TEACH: Well, you know, Commissioner, obviously ifit's the board's direction, we can include the exotics in paragraph number two as well, because if it's an unimproved structure -- and I know some of the Golden Gate residents who we met with last week indicated a wish to have a more natural feel to the Estates. COMMISSIONER HENNING: Right. MR. TEACH: And that's why we were trying to bring back to you something that would sort of meet some of those wishes if the board so approved. COMMISSIONER HENNING: Sure. MR. TEACH: And so I would have no problem amending this when it's brought back to you to include exotics as well as weeds -- COMMISSIONER HENNING: Okay. Going out to number one. MR. TEACH: Scott Teach, for the record. COMMISSIONER HENNING: Let me give you a different scenario. Well, actually it's law. You're legally -- your legal ability is to clear up to one acre. So if you have a two-and-a-half acre lot, one-and-a-half acres isn't going to be in preserves. You're going to have weeds out there. And what this amendment says, you're going to have to go back in that one-and-a-half acres and clean out those weeds in that Paragraph I. I'm not sure if that was the intent of staff. I f definitely wasn't the intent of the Board of Commissioners. MR. TEACH: We can correct that. MR. KLATZKOW: I think, Scott, the question is, what are you Page 213 February 10,2009 guys trying to do? And that's a Diane Flagg question. COMMISSIONER HENNING: Right, it was a staff. MS. FLAGG: It's strictly 30 feet from a residential structure. MR. KLA TZKOW: That's a different provision. Number one, what are you trying to do? Because I read that as saying that if you're in the Estates and you have exotics plants on your property, we're not going to prosecute. MS. FLAGG: That's based on the current ordinance. MR. KLA TZKOW: And that's just what it says? MS. FLAGG: Right. The only change that's happened here is weed is crossed out; otherwise, the current ordinance reads that the Estates is exempt from the exotic plant public nuisance declaration. MR. KLA TZKOW: And the intent for two is that if you have an unimproved property, that you're exempt from the weed ordinance? MS. FLAGG: That's correct. MR. KLATZKOW: If you're in the Estates? COMMISSIONER HENNING: But not the exotics? MS. FLAGG: No, not in the current ordinance, correct, and there wasn't a discussion in regard to exotics. I mean, certainly you all can provide direction to also exempt them from exotics. COMMISSIONER HENNING: If you read the old ordinance it says that Golden Gate is exempt from the weed and exotic -- MS. FLAGG: Correct. COMMISSIONER HENNING: -- part of that. So what you're doing in one and two, I'm not sure. MR. TEACH: Well, I think one is taking into consideration what the chief just talked about, because we're adding a 30-foot, at least around the residential primary structure as far as weeds and overgrowth. And I would -- COMMISSIONER HENNING: If that's the intent isjust to deal with that 30- foot, then it just needs to be clarified. MR. TEACH: Right. Page 214 February 10, 2009 COMMISSIONER HENNING: One and two is within the 30-foot. MR. TEACH: Right. I agree, Commissioner, because I think, you know, that's what the intent is, just to capture that 30-foot around the primary structure. COMMISSIONER HENNING: That's it. CHAIRMAN FIALA: Okay. So in order to do that, do we need to bring it back? MR. MUDD: Yes, ma'am. It has to -- this is only to come back and advertise. What you're doing is clarifying the section that you would like to have be more specific in detail. CHAIRMAN FIALA: Okay. So we have five speakers. Would you call the speakers, please. COMMISSIONER COYLE: What? MR. KLATZKOW: We haven't advertised this, sir. MS. FILSON: Michael Ramsey. He'll be followed by Tim Nance. MR. RAMSEY: Howdy. Hope everybody's having a good day, and I'm here to help. Madam Chair, Commissioners, my name's Michael R. Ramsey. I live at 2631 4th Street Northwest. I'm a 20-year resident of the Estates, member of the Golden Gate Estates Civic Association, and I'm President of Ramsey, Inc., Ecological Consulting. I have had about 30 years of experience studying the ecology in this area, writing management plans for wildlife and endangered species, and managing habitats in South Florida. Today I'm representing the Golden Gate Estates Area Civic Association in regards to this issue for the litter, weed, and exotics ordinance and its proposed modifications. I have five points of our position from Golden Gate Estates Area Civic Association. Number one, in our opinion, the proposed modification to Page 215 February 10,2009 remove the exemption for the Estates for the 18-inch grass height restriction, which we currently enjoy, is a change in the land use activity that appears to be unwarranted and it places an unfair economic -- and places an unfair economic burden upon the residents of the Estates. This action will interfere, it appears, without substantial justification to rural lifestyle activities over 72,000 acres. Number two, the association supports the position that a 30-foot defensible space around a permanent dwelling should be implemented as we discussed here earlier. But in our opinion, we think it should follow more of a voluntary example set by Diane Flagg and code enforcement in relation to foreclosure issues. We feel that a volunteer effort that we've been supporting for the last couple years in this issue would present a greater result in 30-foot defensible clearing and more community support. Number three, if an ordinance is needed by code enforcement to assist in this matter, we recommend modification and placement of a change of the 18-inch grass height restriction and a 30-foot mandatory clearing of the property maintenance ordinance. We feel that placing it there would allow more selective enforcement because a property would be noticed in our opinion two or three times before a landscape restriction or mandatory clearing would be placed upon it. In our discussion today about this ordinance modification, we think from the Estates Association viewpoint that we're actually pointing out a bigger problem in the Estates by discussing this. The unintended results, we feel, of a very aggressive vegetative protection ordinance is the result of the wildfire hazards we see today by having a lot of homes in close proximity to large, wooded forested areas. COMMISSIONER COLETTA: Could we permit him to finish, please? Page 216 February 10, 2009 MR. RAMSEY: And last, in my professional opinion as an ecological consultant, the discussion we are having today points out a tremendous need to develop a master fire management protection plan for the Estates. This plan needs to focus on two main areas, wildfire prevention and improving fire response actions for the local fire districts. We think that actions that would allow us to participate more in this area, we can improve on wildfire prevention, which is cheaper than putting a fire out, and we could assist our local fire districts with improved fire response capability. We also brought with us today two other speakers with us, the fire chief, Mr. -- Chief Metzger, and we also have somebody else here from the Division of Forestry that might be able to address some of your questions about a community wildfire prevention plan. Apparently there is also an effort, as Commissioner Coletta has pointed out to us, that there is a state effort to help communities put together this kind of plan we're talking about. Thank you for your time. MS. FILSON: The next speaker is Tim Nance. He'll be followed by Peter Gaddy. MR. NANCE: Good afternoon, Commissioners. My name is Tim Nance. I'm the past president of the Golden Gate Estates Area Civic Association, a past member of the East of 951 Horizon Study Commission, and currently the chair of the Citizens Advisory Committee, and the Metropolitan Planning Association. I'm addressing you today regarding really the process that's gone forward on this ordinance as much as anything else. The Estates is a unique community in Collier, providing opportunity for rural living in a natural setting, and it's very important to Collier County because it's currently a bedroom community for the urban coastal zone. It's where many blue collar workers and service providers live. It's the home for approximately 10 percent of the Collier population, and it's an expanse Page 217 February 10,2009 of over 70,000 acres. Many assume that the Estates is not heavily regulated, but that's really an error and it's a myth. Estates land use, regulations, and restrictions are many. Many agencies of government with specific focus and goals regulate the land right around homes in the Estates, including the zoning in the Golden Gate Master Plan, Collier County Environmental Services, Collier County Code Enforcement, South Florida Water Management District, U.S. Army Corps of Engineers, and many endangered species laws that are both state and federal. Many of those, of course, as you can tell by the list, have an environmental focus; however, these restrictions on the use of land right around the homes is not coordinated and often contradictory and often confusing to residents. Basically, what I would do as a resident of the Estates area is ask for the help of the Board of County Commissioners to engage the community when Estates land use changes and sweeping regulations are proposed, basically support a public discussion. I would like to say that we've had very wonderful response from the Collier County attorneys, and particularly from Diane Flagg and her staff of code enforcement; however, we really don't think this has been discussed by the residents of the Estates. Our goal in getting that done would be to improve the process to achieve the best possible results and give you more information to make your decision by, and basically to avoid unintended consequences in rural areas where urban standards are inappropriate or harmful. And there's a couple examples. If I had the time, I could give you a couple direct examples of that. I personally am requesting the full support of the Board of County Commissioners to reprioritize our ordinances that affect the 30 feet directly around the homes, and there are many. What -- in my opinion and in the opinion of many residents out there, is we need to Page 218 February 10,2009 put our professional firefighters at the top of the pyramid of regulation of the 30 feet around the home, support the 30 feet of defensible space, and enable the citizens to act without red tape and excessive regulation when their public safety is at risk right around their homes. Basically right now, the 30 feet of defensible space around the home that's recommended by the fire -- by our fire professionals is not supported by the current codes and ordinances and rules. It's a quagmire of confusion, which often discourages and prevents citizens from taking action on their own for fear of fines or violating the law. Thank you very much. MS. FILSON: The next speaker -- the next speaker is Peter Gaddy. He'll be followed by Michael Weston. MR. GADDY: Good afternoon, Madam Chairperson and Commissioners. CHAIRMAN FIALA: Bless you. MR. GADDY: I want to thank the county attorney, the State Department of Forestry, Chief Metzger, and Diane Flagg for all of their efforts in working on this ordinance and bringing to light the potential wildfire issues which we face in Golden Gate Estates. Just as an example, Commissioner Henning, you raised the issue, well, why aren't the accessory buildings included? Well, the potential is that you could violate the Land Development Code if you included all of those -- all of the buildings on a lot within this ordinance. So there is a potential conflict that you'd be clearing more than one acre. Here's what we'd like to do. Through the good offices of Commissioner Coletta, he has set up a workshop on fire danger and a wildfire workshop for March 5th at the ago center out in Golden Gate Estates. There's going to be a lot of participants in that workshop. We're talking about Golden Gate, Corkscrew; we're talking about forestry, environmental services, code enforcement, the City of Naples, the EOC; we're talking about transportation, utilities, the water district, Sheriffs Office, and DEP. Page 219 February 10,2009 There are a lot of issues that need to be addressed, but one thing is for certain, we do not have in place a wildfire protection and suppression plan at the present time. We'd like to develop such a plan. As a matter of fact, Mr. Ramsey is qualified to write such a plan and has already started doing so. So our recommendation is that this matter be sent to the Planning Commission for public vetting. CHAIRMAN FIALA: Thank you. Next speaker? MS. FILSON: Next speaker is Michael Weston. He'll be followed by Chief Robert Metzger. MR. WESTON: Honorable Commissioners, thanks for allowing me to speak with you today. I'm Mike Weston, CFA, Senior Forester for Collier, Lee, and Hendry Counties with the State of Florida Division of Forestry. On the ordinance that's in front of you guys, you know, less -- as Chief Metzger said, basically less height around the house is better. That's people's defensible space. That's what's going to keep a house safe when a fire does come. We had the 800-acre fire last year, lost three homes, seven sheds were destroyed. We have the ability to have multiple fires that size again this year and -- in perpetuity going forward. So what the division would like to recommend would be that, you know, 30 feet's a good minimum. Again, that's your nationally recognized research study as far as your minimum defensible space around a house. We'd also like in the future to start trying to address some of the interior areas that are very vegetative. I mean, you guys have done such a good job in protecting all this vegetation around here. Then we get a fire coming through. And you look at the aftermath of that Estates fire in there where it destroyed thousands of trees, and where you had the trees actually surviving was next to those grassy areas that are going to be mowed right in here. So as far as the foreclosure issue, you know, for us that's a fear as Page 220 February 10,2009 far as getting to houses and not being able to save them. I mean, we're coming in with our tractor plows and putting in fire lines and stuff, and then, you know, Chief Metzger and the other structure assets are coming in and trying to actually do structure protection. And it works a lot better if we have that 30 feet to be able to go in there and do those kind of things. Also, we are trying to lead the creation of the Community Wildfire Protection Plan. This does a couple things. Kind of gives a voice to everyone to come together, do a -- you know, almost a nine-month-long process, we started last August, to come together, create a plan that's going to look at all the issues, land management, resource to fight the fires, also the opinions of the residents to try and make some recommendations. The other thing that can come out of this is to pull either some grant dollars down for some of the fuel treatment to do some of the work so it wouldn't be such as imposition on the residents -- the other that we'd be able to do out of this is -- Lee County just recently purchased $600,000 worth of equipment to be able to treat out people's -- the vegetation that was on a neighboring lot, and they're actually operating out of a Hawkins bill to go there and basically give people the 30 feet that they need. Again, some of the structures we lost in the Estates this year were because they had that massive brush right next to their structure. This ordinance won't deal with it. But again, this ordinance is dealing with something. You know, the lower six inches would be a little bit better; 18 inches, though, is better than three, four feet, five feet of vegetation. Thank you very much. MS. FILSON: Your final speaker is Chief Robert Metzger. CHIEF METZGER: Good afternoon, Commissioners. I don't have a lot to add. I would emphasize a couple of things. First of all, we believe strongly in the development of Page 221 February 10, 2009 Community Wildfire Protection Plan. The reason for that is as much to gain partnership with the residents out in the Estates area, because if we get buy-in on a wildfire protection plan which basically educates the public about the need for the development of that in compliance with the tenants of that, with an educated public, we actually reduce our fire risks. That means that we gain time, really. Ifwe have a wildland fire out there, it helps us. We gain time in being able to suppress it, and that's usually important. We talk about the 30-foot zone around a structure to be able to protect it, and we need to remember that that's a minimum, of course. But it is essential, so we certainly endorse that. At the same time, I really believe we have to be mindful of the unique nature of the Estates area and what it presents not only to the residents who live out there but really as an asset to this community, to the county, and to be mindful that whatever we do takes into account the values of the people who live out there. That's all I have to say. Thank you. CHAIRMAN FIALA: Thank you very much. I have two speakers, but did you have a motion that you wanted to present to us? COMMISSIONER COLETTA: Yes, I do, as a matter of fact. Recognizing the fact that we're going to be reviewing this with the public as far as the fire plan that's going to take place, I think if we start the process going forward with the 18-inch rule throughout the Estates as far as improved lots with a house on it, that 30-feet perimeter around it would be a good thing to do at this time. When it comes back to us, we might have a little more information, we might want to adjust it. So that would be the first part of my motion. The second part is that we do away with this compost item totally from consideration. I think it's not needed anyplace in Collier County. CHAIRMAN FIALA: Now, does everybody understand the beginning of his motion, the first phase of his motion? I had a little Page 222 February 10,2009 problem with it. COMMISSIONER COLETTA: I'm sorry. I'll try again. As you can -- as you heard today, there's a little bit of difference of opinion between what we're hearing from the people that are forefront as far as fire prevention. We heard from chief -- Chief Metzger, we heard from Mike Weston from forestry, and they both said the same thing, that we need to have something in place that -- to have the brush under control around Estates lots to be able to protect everyone; 30-foot perimeter they were talking about. I do think that we need at this point in time to incorporate this in what we're looking to do. I mean, this has to come back to us for reVIew. The reason I'm going forward with it now, even though we are looking at alternatives out there through the fire review -- wildfire review group, that I do think we need to have this in place going forward. We can always withdraw when it comes back again if we come up with a better answer. I do think that the safety of the residents in Collier County are of most important concern at this point in time. CHAIRMAN FIALA: See if you can give me a concise motion, would you? You're motioning to, at this present time, make sure that they have 30 feet around their property? COMMISSIONER COLETTA: Diane Flagg, would you, with all the legalese you can put into it, pick up on that motion and move forward. Give me -- MS. FLAGG: How about a motion to -- COMMISSIONER COLETTA: -- the language. MS. FLAGG: -- approve to allow us to advertise. That's really -- because this is a two-part ordinance. This is to address a special magistrate process, and then the second part is to create 30 feet from a residential structure that folks would need to mow the weeds from that structure. Page 223 February 10,2009 COMMISSIONER COLETTA: Okay. So it already stands. I don't have to make that part of the motion. That part I can approve as is? MS. FLAGG: Correct. COMMISSIONER COLETTA: I have no problem with -- CHAIRMAN FIALA: So you make a motion to approve that part of it, plus you're adding composting? COMMISSIONER COLETTA: Asking for the removal of the composting part of the ordinance. CHAIRMAN FIALA: Okay. Does everybody understand that motion? I'll give you a chance to talk. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: No, don't give him a chance. CHAIRMAN FIALA: But I need a second to that. Okay. I'll second it for the sake of discussion. Okay. Commissioner Coyle, before you jump off your chair, you go next. COMMISSIONER COYLE: Based upon what I've just heard, we're nowhere near prepared to have this thing come back for hearing before the Board of County Commissioners. There are five speakers who just spent some time telling us about all the things that are wrong with this process, in addition to a number of questions from commISSIOners. I don't know why we're talking about advertising and bringing it back. Why don't you set up a workshop, as someone suggested, have a workshop, get the input from the community, and then once you're assured that you have developed an effective plan that would satisfy most of the interests in the community, and particularly the commissioner in whose district most of this affects, get with those people in a workshop. And then once you've done that, advertise it and come back and let's have a public hearing; because if you go ahead and advertise it now, we have a public hearing two weeks from Page 224 February 10,2009 now, you know, we're going to have the same people talking about the same thing all over again, and that's a big waste of time for them and for us. So I know what Commissioner Coletta wants to do, but let's make sure we incorporate all the concerns of the community before this thing comes back to us. MS. FLAGG: Commissioner Coyle, what these folks are asking for is actual clearing of 30 feet from their residents, not just the mowing of grass and weeds. And in talking to the environmental folks, that's a very long, drawn-out process that incorporates, as they've indicated, a lot of different laws. What this is, simply is to correct a process in the special magistrate process that we have, the proposal before you today, and to mow the weeds 30 feet from the residential structures. It's not a clearing. It's not a clearing. When we start talking about actual flat clearing, no trees, no hedges, no bushes, which is what they're speaking to you about, they want the ability to completely clear 30 feet from structures. That's something that is going to take a long time to accomplish. COMMISSIONER COYLE: You know, this is one of those ordinances that I was told earlier does not exist. It's an ordinance that has special provisions for certain parts of the county, right? So I don't care, quite frankly, if this community wants to clear 500 feet around every building, if they have a good reason for it, I'm going to buy it. So -- but I don't want to have to go through this process over and over and over. Why not address their concerns now? And so when you come back to present it to us, we have a complete package and we can vote on it, we can hear it one time, and we can get on with our lives. MS. FLAGG: Well, we can certainly do that. Ifwe can just take Page 225 February 10,2009 the weed out of it then and then just address the special magistrate part of the ordinance, which is also in this weed and litter ordinance. The special magistrate part, which is what we were actually coming to you today for, was to have to not come back to you repeatedly for each and every case where the special magistrate can go ahead and proceed with the process without bringing each and every case to the board. So if we could separate that out, that's what we were proposing, and then we'll just take -- the county attorney can take all the weed references out of the ordinance and leave it as is. And as is would mean that the grass and weeds have no limit of height in the Estates. COMMISSIONER COYLE: Well, it's not my motion; it's Commissioner Coletta's motion. But I'd just like to see you have a complete package when it comes back. I just don't want to keep doing these things a little bit at a time over a period of the next year. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I'm concerned. Can you give me a -- they want to -- what's the deal with the exotics? MS. FLAGG: Currently, the current ordinance is that weeds can grow taller than the houses in the Estates zoned area, and exotics also can be in the Estates. That's in the current ordinance. COMMISSIONER HALAS: Well, aren't we trying to eradicate the exotics? All we're doing is having a ground for them to spread. MR. SCHMITT: For the record, Joe Schmitt. Simply put, we do not enforce the removal of exotics on Estate lots. In other areas of the county, we can go in under contract and remove exotics; because of the size of the Estates lots and the cost and because of the rural nature, it's part of the requirement when they develop. But undeveloped lands, we do not have any authority to go out there under government authority to go and remove exotics. COMMISSIONER HALAS: Well, then why are we spending so much money removing exotics in the rest of the county? Page 226 February 10,2009 MR. SCHMITT: We require developers to remove exotics as part of the development process. COMMISSIONER HALAS: And then -- but yet if residents in the urban area have exotics, they've got to get rid of them. MR. SCHMITT: That's correct. And, likewise, in the Estates, we'll cite them for removal if they're deemed a hindrance, but we have no authority -- we've never had the authority to go in and remove exotics on Estate lots. CHAIRMAN FIALA: But the seeds just blow all over, right? Is that what you're saying? COMMISSIONER HALAS: Yeah. The composting. Is this an issue? MR. SCHMITT: Composting. COMMISSIONER HALAS: Show me some pictures where somebody had a pile about 140-foot high. MR. SCHMITT: Right. Composting was at the direction of this board. The board discussed an issue in the Estates, as Commissioner Henning brought up, involving a code case with a pile of palm fronds. And after discussion by this board, this board directed us to come back as part of this ordinance to include a section on composting to clarify and define what was enforceable and define as composting versus what would be weed and litter, and that's what we attempted to do under this change we brought to the board. COMMISSIONER HALAS: I believe that the residents should have the ability to compost, but it shouldn't end up to be a mini landfill. So I think that we have to make sure that we understand what would be a comparable land -- or a comparable compost pile for a family out there instead of using this as some kind of an industrial processing area that it end up being a mini landfill. MR. SCHMITT: And that's what we tried to do in this. And just for the -- clarification, what Tim Nance was talking about was Page 227 February 10,2009 clearing for vegetation removal permits. Right now you can clear up to an acre when you develop a lot in the Estates, and then you can clear up additional property. If you need to clear 30 feet around a home or a structure, normally you have to come in for a vegetation removal permit. That is an application process, and staff will go out and review and conduct a site visit. I guess what they were requesting -- and that's a whole separate ordinance, but they're asking to have the authority to do that without going through the vegetation removal permit process. COMMISSIONER HALAS: Is the vegetation removal permit for mowing grass? MR. SCHMITT: No, that's -- COMMISSIONER HALAS: Okay. MR. SCHMITT: That's this ordinance. That's a different ordinance. And I think we're trying to -- we're now confusing everything into one ordinance. And I apologize, but this was nothing more than an ordinance to cut grass on abandoned properties that were in foreclosure to allow us to go out and use the contract to cut the grass on foreclosed properties. Right now we have no authority to do that. COMMISSIONER HALAS: Okay. I think where we need to go -- and I think Commissioner Coyle hit the nail right on the head, I think there needs to be a workshop put together by that commissioner in that district, they sit down and hammer out what they want and make sure they address all these issues before they bring it back to us, because I'm totally confused. We've got -- we're not going to remove exotics, we're not going to -- we've got composting out there, and then there's the deal about mowing around the perimeter of a building and whether you need a permit for vegetation removal. It's-- COMMISSIONER COYLE: It's crazy. It's something that wasn't even advertised. This is nuts. Page 228 February 10,2009 MR. SCHMITT: This was at the direction of the board to bring this back. That's why we brought it back, for your discussion. COMMISSIONER HENNING: Diane, you mentioned that this 30-foot buffer zone for fire protection, you mentioned landscaping. Are you saying that there's going to be -- MS. FLAGG: No. This does not address landscaping. Landscaping stays. COMMISSIONER HENNING: No, no, no. Let me finish what I was saying. What they're proposing, and I think what you said, there won't be anything allowed in there like landscaping. Did I hear you right? MS. FLAGG: What this other ordinance that was never part of this, what -- COMMISSIONER HENNING: Right. MS. FLAGG: -- what these folks are suggesting is the ability to completely clear 30 feet from their structure. COMMISSIONER HENNING: Right. Is it a requirement and you can't put landscaping within that 30-foot? Is that your understanding? MS. FLAGG: I believe what their concerns are is that the code allows them to clear an acre. COMMISSIONER HENNING: Right. MS. FLAGG: What they're saying is, is that when they want to clear 30 feet from their house, it exceeds the acre that they're allowed to clear. COMMISSIONER HENNING: Right. MS. FLAGG: And so they want to pass, if you will-- COMMISSIONER HENNING: Well, you said landscaping, so why did you say landscaping? MS. FLAGG: Well, landscaping in terms of like hedges. In other words, clearing. They can put landscaping in, but they want the ability to take it out and clear 30 feet from their structure beyond the Page 229 February 10,2009 one acre. COMMISSIONER HENNING: They can today. It's not a requirement to have a hedge. MS. FLAGG: They -- I'm sorry? COMMISSIONER HENNING: It's not a requirement to have a hedge. MS. FLAGG: Oh, I agree with that. But they can't go beyond the one acre is what the concern is. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: So let me just see if I understood what just went on here. There's been so much going on. This actually was here just to mow the land -- MS. FLAGG: Yes. CHAIRMAN FIALA: -- 30 feet around the property? MS. FLAGG: Yes. CHAIRMAN FIALA: That's what we were voting on? MS. FLAGG: That's all we're doing. CHAIRMAN FIALA: These people have some other concerns? MS. FLAGG: Yes. CHAIRMAN FIALA: So what we should be doing is vote on this thing, do we want to let you mow them or not, and bring the other stuff after it's gone to a workshop, back to us, for consideration; is that correct? COMMISSIONER COLETTA: That's about as close as we're going to get. It's my turn now or no? CHAIRMAN FIALA: Yes. It is your turn. I just wanted to make sure that we were talking about the same thing. COMMISSIONER COLETTA: Well, we got so far off the mark. CHAIRMAN FIALA: Yes, we did. COMMISSIONER COLETTA: You know, exotics, Estates area, the lots are 660 feet deep. There's no way on God's earth you're going to be able to keep them cleared of exotics. It's not going to happen. Page 230 February 10,2009 This was recognized by every commission since ancient history, so that's not even an issue, and it shouldn't be something that we get involved with on discussion. As far as you want -- as far as the ordinance for the -- not the mulching, but the -- CHAIRMAN FIALA: Mowing. COMMISSIONER COLETTA: -- compost pile, okay. Just exempt the Estates and the agriculture area. The rest of the world wants it, good for them. You know, I just -- I didn't think it was fair if -- you know, to impose this upon people that might be doing the right thing. That ordinance is very specific of what that compost pile is made up of and what isn't in it. It seemed like it was an -- extremely over-regulative, and that was my concern. But if that's not a concern with the other commissioners, leave that alone. MS. FLAGG: We have no preference. We'll just apply whatever you all decide. MR. MUDD: Commissioner, let's make sure -- let me make sure I've got this. First of all, let staff come back for two items, and then we're going to sit down in a workshop where everybody, Mr. Nance, Mr. Ramsey, and whoever else, and Commissioner Coletta, with staff in order to get down to the other regards. We need to get the thing resolved on the special magistrate, because that will save your time; it will save staffs time. We need to get that done. Number two, we need to be able to mow 30 foot around the Estate lots that are foreclosed so I know that they're foreclosed and we can get it cut around so they're not a fire hazard. We know those two things. Everybody on this board agrees to those particular items. CHAIRMAN FIALA: So do we need a motion? Let me stop you there. Do we need a motion to that effect? Page 231 February 10, 2009 MR. MUDD: I need you to tell me to come back to the board if that's what the board desires to do. MR. KLATZKOW: It's more than just foreclosed property. It's all residential properties within the Estates. CHAIRMAN FIALA: Okay. So I know we have a motion on the floor. I'm going to pull my second so that then we can move forward with this, and then we'll continue on there. Is that okay? Good. Okay. So may I have a motion to approve the special magistrate and also the mowing 30 feet around properties in Golden Gate Estates? COMMISSIONER HALAS: Second. COMMISSIONER COYLE: Primary residences. MR. MUDD: Primary residences. CHAIRMAN FIALA: Primary residences. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: Can you put in the composting in that? COMMISSIONER COYLE: So moved. Or did you make the motion? CHAIRMAN FIALA: You just made it. COMMISSIONER COYLE: Okay. I made the motion. COMMISSIONER HALAS: Okay. And I second it. CHAIRMAN FIALA: And you just seconded it. Okay. No more further discussion; all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? Page 232 February 10, 2009 (No response.) CHAIRMAN FIALA: Okay. Direction? Yes. Now, we need direction for staff. COMMISSIONER HENNING: If you bring back that ordinance about downed vegetation, it's going to be a problem because code enforcement has, in the past, viewed that as if you have palm fronds next to a palm tree, that's downed vegetation. MS. FLAGG: I think we took care -- I can follow up with you later. But I believe we put an exemption in there for that, horticultural waste. COMMISSIONER HENNING: The board just -- MS. FLAGG: It's in here. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: So now the direction is that Commissioner Coletta will meet with the residents that are here and others who are interested, along with staff, and they'll prepare something that has to do with the other things like composting and clearing and so forth, right -- or not composting. Whatever you want to do, right? And then you'll come back to us with a recommendation, correct? COMMISSIONER COLETTA: That sounds good. The only thing is, is I'm very concerned about the fire season that's underway. CHAIRMAN FIALA: Well, that's why we had to do this mowing, and we just did that, right? So we did -- did we vote on that? COMMISSIONER COYLE: Yes, we did. CHAIRMAN FIALA: Okay, fine. So we're all set on that with a 5-0 and the direction we've given to staff to move forward on the rest of it. COMMISSIONER COLETTA: What about composting? CHAIRMAN FIALA: You're going to handle that with your workshop and come back and tell us. COMMISSIONER COLETTA: Well, we already know that we Page 233 February 10,2009 don't want it out in the Estates. CHAIRMAN FIALA: I know that. I understand that. And we all understand that you don't want it. I think you just have to put it in some form. You bring it back next meeting, great, two meetings. Doesn't make any difference. COMMISSIONER COLETTA: Well, what's the direction we're giving staff on that? CHAIRMAN FIALA: You're going to meet with staff and with COMMISSIONER COLETTA: Yeah, but compo sting never was an Issue. CHAIRMAN FIALA: Well, then why did you bring it up? COMMISSIONER COLETTA: Just the -- I brought it up because of the fact that I want the Estates exempt, but I wanted to give you the chance to weigh in to exempt it in the rest of the county. That was the only reason. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Who's on first? COMMISSIONER COLETTA: You know, I just thought it was a repressive ordinance. I don't like green. You know, be it as it is, I can approve it the way it is as far as just exempting the Estates from it. That's fine. Does it say agricultural areas, too, or just the Estates? MR. MUDD: Commissioner, we're only going to do two things to come back with this next ordinance so I can get ready for the fire season. You're going to sit down with your folks over there, with Chief Metzger and with staff, and we're going to get any other issue that's out there in this change resolved before we make another change at a future meeting for the Board of County Commissioners. CHAIRMAN FIALA: Include composting? COMMISSIONER COLETTA: Oh, please. CHAIRMAN FIALA: Right? COMMISSIONER COYLE: So moved. Page 234 February 10,2009 CHAIRMAN FIALA: I don't think we have to move this. This is a direction. COMMISSIONER HALAS: Yep. COMMISSIONER COYLE: All you need is three nods. You've got -- CHAIRMAN FIALA: We've got them all. COMMISSIONER COYLE: You've got three. Item #8B ORDINANCE 2009-03: PUDZ-2007-AR-12026 STEPHEN J. LOCKWOOD, TRUSTEE FOR SJL REALTY II TRUST, REPRESENTED BY HEIDI WILLIAMS, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A., AND RICHARD D. YOV ANOVICH, ESQ., OF GOODLETTE, COLEMAN, JOHNSON, YOV ANOVICH & KOESTER, P.A., REQUESTING A REZONE FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE SAVANNAH PLACE RPUD, TO ALLOW DEVELOPMENT OF A MAXIMUM OF 20 TOWNHOUSE, SINGLE-F AMIL Y ATTACHED OR SINGLE- F AMIL Y DETACHED DWELLING UNITS. THE SUBJECT 6.81 ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF ORANGE BLOSSOM DRIVE APPROXIMATELY ONE HALF MILE WEST OF AIRPORT ROAD (CR 31), IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - MOTION TO ACCEPT CCPC RECOMMENDATIONS WITH ENHANCED BUFFER ON EASTERN SIDE WITH AN EIGHT FOOT HEDGE HEIGHT ALONG CAY LAGOON - ADOPTED Page 235 February 10,2009 MR. MUDD: Commissioner, that brings us to one thing that we haven't done on this agenda yet, and that is 8B. This item requires that all participants be sworn and ex parte disclosure be provided by -- CHAIRMAN FIALA: Sorry that you folks have had to wait this long. MR. MUDD: -- commission members. It's PUDZ-2007-AR-12026, Stephen 1. Lockwood, Trustee for SJL Realty II Trust, represented by Heidi Williams, AICP, of Q. Grady Minor & Associates, P A, and Richard D. Y ovanovich, Esquire, of Goodlette, Coleman, Johnson, Y ovanovich & Koester, P A -- and I'm so glad you're the last item, Rich -- requesting a rezone from the rural agricultural zoning district to the residential planned unit development, RPUD, zoning district, for a project to be known as Savannah Place RPUD, to allow development of a maximum of 20 townhouse single-family attached or single-family detached dwelling units. The subject 6.81-acre property is located on the south side of Orange Blossom Drive, approximately one half mile west of Airport Road, County Road 31, in Section 2, Township 49 south, Range 25 east, Collier County, Florida. CHAIRMAN FIALA: Commissioner Halas would like to -- COMMISSIONER HALAS: I'd like to ask of the residents that have been sitting here -- I assume that these are the residents -- are you in opposition at all with what's being proposed at the present time? MS. COX: We have concerns. COMMISSIONER HALAS: Okay, all right. I was hoping I could move this along, but if you've got concerns, then we'll hear it. I just thought maybe we could and -- MR. DAY: We'll be fast if you're fast. COMMISSIONER COYLE: No, forget it. CHAIRMAN FIALA: We'd like to drag this out another hour, so. Page 236 February 10,2009 COMMISSIONER HALAS: Yeah, no, no. I'm just trying to move this on, but let's get sworn in. CHAIRMAN FIALA: We need to swear them in? Okay, fine. MR. MUDD: And ex parte. CHAIRMAN FIALA: And ex parte. Let's start with ex parte with Commissioner Coy Ie. COMMISSIONER COYLE: 8B I have -- I have talked -- I've received some correspondence and I've had a meeting with Ms. Heidi Williams on behalf of Mr. Rich Y ovanovich. COMMISSIONER HALAS: It's getting late, isn't it? COMMISSIONER COYLE: And that's it. CHAIRMAN FIALA: Commissioner Halas? Getting a little punchy here. COMMISSIONER HALAS: I met with that same gentleman, and I've also had meetings and correspondence and emails and phone calls. This was -- there was another issue that was on this piece of property about a year ago, and I think we've gotten that taken care of. I had a teleconference with Mr. John Garbo. This was back at 10111/07, and of course this pro- -- this whole thing has changed around. So hopefully we can get moved -- get this thing moved along and find out what the concerns are so we can make a motion and hopefully get everybody out of here. CHAIRMAN FIALA: Okay. I'll declare next. I've had correspondence and emails and I met with Rich and Heidi. COMMISSIONER HENNING: I've had written correspondence and emails, Madam Chair. That's it. Commissioner Coletta? COMMISSIONER COLETTA: On 2/9 I met with Heidi Williams and Rich Y ovanovich and I had corresponding emails. CHAIRMAN FIALA: Thank you. Now, will you swear in everybody who wishes to speak? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay, Rich.f Page 237 February 10, 2009 MR. YOV ANOVICH: Rich Y ovanovich, for the record. I'll try to keep this short and simple. I have had -- since the executive summary was written, I've had a chance to meet with your staff and your environmental staff, and their objection to the size of the preserve, I think, has been resolved. We were able to show them the original SOP and that, what they believe was supposed to be a preserve is not the case on the original SDP. So I think that issue is no longer an issue, and they're nodding that that's correct. We've -- the petition has changed dramatically since it was originally proposed. The original proposal was a 70-unit affordable housing project, and the proposal in front of you is a 20-unit single-family -- single-family attached duplex or a townhome. We went through the Planning Commission hearing. The Planning Commission asked us to do increased buffers around the perimeter, which we agreed to. They also asked us for the townhomes, which is consider multifamily under the code, that we limit the size of the building to no longer -- no longer than 140 feet in length to make sure that it was compatible with the neighborhood so that we didn't have eight-plexes or 12-plexes, that we had townhomes, that was okay, but they needed to be in a smaller building, and that's what the Planning Commission supported. Mrs. Cox has a concern that she has built her buffer on our property, and we have committed, to the maximum extent we can as we go through our site plan and permitting process, to incorporate that into our buffer, and we will do that to the extent we can, keeping in mind that she built it on our property, and I'm sure it was not by design, because she originally owned all of the property, which this was split off from. So we will attempt to incorporate as much of that as we can into our buffer. I think I've summarized all the issues that we've committed to and the summary of the Planning Commission Page 238 February 10,2009 recommendation, and we hope that we can get approval from the Board of County Commissioners. I do think it was a good process that we went through with the neighbors, and I think we've addressed many, ifnot all of the concerns, for a good project. And with that, unless you need a more detailed presentation, I'll summarize it that way. CHAIRMAN FIALA: That's wonderful, Mr. Y ovanovich. Staff member? MS. DESELEM: Good afternoon. For the record, Kay Deselem, Principal Planner with Zoning. As Rich, whatever his name is, said, we have met this afternoon and discussed some additional information and we have resolved our issues. Staff is recommending that this petition be approved subject to the existing PUD document. CHAIRMAN FIALA: And that meets with Rich's approval as well? This is an agreement between the two? MR. YOV ANOVICH: Right. They're agreeing that the preserve that we presented all along to the neighborhood is the appropriate-size preserve. CHAIRMAN FIALA: Okay, very good. Now we have our speakers. Would you call them, please. MS. FILSON: Joyce Etchison. She'll be followed by Ann Cox. CHAIRMAN FIALA: Thank you for your perseverance. MS. ETCHISON: It's been a very interesting day. Since this mornmg. COMMISSIONER COYLE: Wish I could say the same thing. MS. ETCHISON: Thank you, Commissioners. My name is Joyce Etchison. I'm here on behalf of Cay Lagoon. I am vice-president of the Board of Cay Lagoon. Cay Lagoon is on the eastern border and adjacent to Savannah Place. I'm here just speaking on behalf of the landscaping and buffer. Right now we have 20-foot solid trees. They may be exotics. I don't Page 239 February 10, 2009 know what an exotic is, but I know they're loaded with hawks. If these trees are going to be taken down, my understanding is the proposal for the landscaping on our buffer to Cay Lagoon is a six-foot hedge -- I don't know how long it will take it to get to a six-foot hedge with, I believe, an opening every 30 foot for some little tree. I would prefer -- we would prefer, on behalf of our board, to seek a more solid buffer and a higher buffer. We are a two-story condominium complex. Much of our park's and our cars' lights go right into them. I also understand that if they have a pool or community area, it will be toward our buffer. So the pool would be close to us, probably if they're having one, and our lights are going to go into them. I am just proposing that they strongly consider a taller -- something that would maybe go to 12 feet since we have that on our other three perimeter areas of our project, and that it be a solid buffer. I believe that the other adjoining properties are asking for the same, but I'll let them speak. Thank you. MS. FILSON: Ann Cox. She'll be followed by John Garbo. MS. COX: I'm Ann Cox, and I live on the property adjacent to this property. I used to own it. My husband and I ran a plant nursery there, and I've been on the property for 30 years. I've spoken to Mr. Y ovanovich, and he assures me that the buffer that now exists between my property and his property that he is representing will stay there because I believe there is a sufficient space there to keep the material life planted. In fact, everything on the property, on both sides, I have planned myself anyway, my husband and I. So that was one of my concerns. The other concern is that I want to make sure that within the PUD there is provision for taking care of any runoff from the seasonal rains, and I have been assured by them also that this is taken care of in the PUD, but I just want to reconfirm that this is a big concern because there is a big runoff during the rainy Page 240 February 10,2009 season. That's basically what I wanted to talk about. MS. FILSON: Next speaker is John Garbo. He'll be followed by Tyler Day. MR. GARBO: Unfortunately, good evening. John Garbo. I'm the president of the Orange Blossom/Pine Ridge Community which was formed about two years ago. As Commissioner Halas said, you probably got a few letters and emails from our organization early on when the proposal was for much different than what it is today. I will tell you our organization is made up of every community on Orange Blossom Drive. We represent over 2,000 homes with probably close to 5,000 residents. They didn't tell you this, but those 2,000 individuals gave me their time, so we should be out of here about -- I think I calculated at 8:30. So sit back, relax, and we'll go from there. Just kidding. At any rate, we're -- our organization has followed this very closely . We are in favor of the organization -- or the proposal as it is now. We'd like to just see one thing, which I actually spoke to the developer's representative about after the last public hearing that was held at the North Collier Government Center, and that is to just have single-family homes, primarily because Mill Run and Mrs. Cox's property border on the west and south, I believe it is, and we'll be backing up to single-family homes. The area that was discussed that is mainly now a natural pine -- high pine trees, it's going to be removed. We understand that. We've advised neighbors and Mill Run of that. And they're going to have a type B buffering within a type A buffer, which is great, with a 25-foot setback. If they were single-family homes only, it would be more compatible with the adjoining neighbors. That's really the only issue we have. I would like to say -- and thank both Mr. Y ovanovich and the Page 241 February 10,2009 folks from Grady Miner and the owner of the property, because over the last year plus, they really have worked hard to get that property to be much more compatible than what it was originally proposed for, and I think it will be a good addition to our neighborhood and eventually our organization when it's developed. Thank you. CHAIRMAN FIALA: Wasn't it originally proposed for affordable housing? MR. GARBO: Yeah, 75 units, yep. MS. FILSON: The next speaker is Tyler Day. MR. DAY: They talk about 0 day being the longest day. I think you people are ones that, perhaps, haven't had to go through that bombardment, but you've done a marvelous job today. So I just want to add -- my name is Tyler Day. I'm the former president of the Villages of Monterey Master Association. I'm a Vice-president of the Orange Blossom/Pine Ridge Community Alliance. I support all what John and the other people have said with regard to this community and the planning that they're doing. I'd just like to -- we had a letter that we sent to Mr. Ron Russo, who's the agent for the owner, and I'd just like to excerpt a few things out of it. We would like, again, to express on behalf of the Orange Blossom/Pine Ridge Community Alliance, our appreciation for reducing the number of proposed residential units from 75 to the proposed 20. And that was as a result of an amazing letter-writing campaign that I'm sure a lot of you people had responded to. While all the details of the project are not clear, it's obvious that a community of20 homes should have price-point amenities and compatible quality in line with the surrounding neighborhoods. Now, we've been talking all day about compatibility, any new development that's coming in on Orange Blossom or anywhere else certainly should be compatible, and we're very hopeful that this is going to be compatible with the communities around it. Page 242 February 10, 2009 And the last point I'd like to say, it's our desire to have landscape buffers, which we've all talked about, that will continue to provide privacy to Mill Run and Cay Lagoon residents, plus the new residents of Savannah Place. So basically we do support the new group and we trust that they will be doing what they have indicated that they're going to do. Thank you, Commissioners. CHAIRMAN FIALA: That was our last speaker? MS. FILSON: Yes. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Okay, Rich. When we had a meeting, you said that -- you told me that everything was taken care of. So obviously we've got a buffer issue, that somebody would like to have something higher. We've got -- want to address, make sure we've got storm water containment taken care of. MR. YOV ANOVICH: Right. COMMISSIONER HALAS: And I'm not sure, was this discussed at the Planning Commission about single-family homes? MR. YOV ANOVICH: Every one of these issues was discussed, as I told you, and the Planning Commission agreed that the multifamily townhomes limiting them to 140 foot in length was compatible with the neighborhood. They did raise a single-family home issue then. We told them we needed -- we needed the ability to have flexibility, and the concern was compatibility, and they didn't want a big wall building behind them. And the Planning Commission suggested by limiting the length of the building and having four or five units in a building would be compatible with the single-family home. And that was the motion of the Planning Commission. COMMISSIONER HALAS: Okay. And so -- MR. YOV ANOVICH: The water management is a standard requirement that we treat -- water management, retain and treat it on Page 243 February 10,2009 site and discharge it at the appropriate rates, so that was addressed and committed to at the Planning Commission for Mrs. Cox. We did commit to incorporate into her -- into our project as much of her plantings as we can, and we'll do that through the Site Development Plan or platting process. So that was a commitment that we made, and we're continuing to make that commitment. We discussed the buffer on the east side of the property next to the multifamily, which this woman spoke to, and we agreed to enhanced the buffer, and that is all in the Planning Commission's recommendation and was considered by the Planning Commission in their recommendation. COMMISSIONER HALAS: Is -- I would assume then, if what the recommendations were at the Planning Commission, that will be incorporated into the motion. Does that cover all the concerns that the residents have at this point in time other than, have you decided what you're going to do about having a higher buffer? MR. YOV ANOVICH: Well, that -- I thought that was resolved by the enhanced buffer that we had agreed to by the Planning Commission, and the increased setbacks from the -- as I understand it, I think they're more concerned that they're going to somehow negatively impact us by their cars driving around the neighborhood, and we're going to have a six-foot -- it's a very small area. If you're going to put an aerial up, I could show you. CHAIRMAN FIALA: Could I ask a question while you're talking to him about the buffer? COMMISSIONER HALAS: Sure. CHAIRMAN FIALA: Rich, could I ask a question-- MR. YOVANOVICH: Yeah, absolutely. CHAIRMAN FIALA: -- while you guys are talking about the buffer? MR. YOV ANOVICH: Absolutely. CHAIRMAN FIALA: If you already have pine trees, which Page 244 February 10,2009 aren't exotics, pine trees there that are the thick buffer, why would you remove them, why wouldn't you -- MR. YOV ANOVICH: Well, we're going to keep as many as we can, Commissioner Fiala, but you don't know how much exotics are in there, and we'll have to put in a hedge and supplement it with trees in the buffer. And there's only a small area, as you can see -- you need to work it a little bit. As you can see where Jim's hand is, only a small portion of the project actually abuts the multifamily to our east. I'm directionally challenged, as you know. So we will have a buffer there, and I think their concern was is their lights were somehow going to shine in our project. And with our hedge and screening that we'll do with the trees, I think that's really a non -- it's going to be a nonissue for us. And we -- again, we thought we had taken care of that through the Planning Commission recommendations. You know, if they want us to grow the hedge a little higher, we can grow the hedge a little higher. COMMISSIONER HALAS: Well, why don't we put that into the motion? MR. YOV ANOVICH: Okay. Eight feet? Do you want to do eight feet instead of the standard six? That's fine, if that's -- COMMISSIONER HALAS: Eight feet. Okay. So I'll make a motion for approval of this project with the Collier County Planning Commission recommendation and that we're going to increase the size of the buffer. MR. YOV ANOVICH: The height of the hedge to eight feet on-- COMMISSIONER HALAS: And you're going to try to save as many trees as possible along that whole area where the buffer is going to be what, 15 feet deep? MR. YOVANOVICH: Ifwe do multifamily it's 15, and if we do single-family, it's \0, but we do the same plantings regardless of the width. So along -- I just want to make sure I'm clear. So along the Page 245 February 10,2009 eastern portion of the project, we would grow the hedge to eight feet adjacent to -- is it Cay Lagoon -- adjacent to Cay Lagoon? Is that the motion, Commissioner? COMMISSIONER HALAS: Yes. MR. YOV ANOVICH: Okay. COMMISSIONER COYLE: This is up-side down. CHAIRMAN FIALA: Yeah. COMMISSIONER COYLE: North is to the bottom here. COMMISSIONER HALAS: That's right. North is to the bottom. COMMISSIONER COYLE: So if you're talking about east-- thank you. MR. YOV ANOVICH: I think I'm right on this one, which scares me, quite honestly. CHAIRMAN FIALA: I second that motion. MR. YOV ANOVICH: IfMr. Yovanovich got it right, Mr. Y ovanovich, I think, is having some problems. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second by Commissioner Fiala. Commissioner Coyle, or are you -- COMMISSIONER COYLE: No, I'm just going to second Commissioner Halas' motion. CHAIRMAN FIALA: Okay. I already seconded it, but I'd be happy to let you second it. COMMISSIONER COYLE: I just wanted to be double sure. CHAIRMAN FIALA: Any further discussion on this item? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. Page 246 February 10,2009 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) MR. YOV ANOVICH: Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS CHAIRMAN FIALA: Thank you for your presence all day long, keeping us company. Been a long day. And now, Commissioners, we have a public comment, I believe, is the last thing on our agenda; is that correct? MS. FILSON: Yes. I have one speaker for public comment. Ken Thompson. MR. THOMPSON: I'm going to be here for an hour and a half, this is what he said. That's what he told me. MS. FILSON: He didn't mean it. He was kidding. MR. THOMPSON: Oh, yeah, he means it. I was here three times and I -- I'm Ken Thompson. You know, I don't know who put this dummy next to me over there, but I think this county needs to get him moved. He's got cameras all over my property. He's got cameras on the back of my house, my bedrooms. People come up -- I've lost four customers, my wife has, and they're her oldest customers. She only got -- works two days, Saturday, three people, and Wednesdays, I think, Thursday, three people. And I'm kind of getting sick and tired of this. He's got cameras on there, and every time somebody comes down the road, he'll run out in the road calling me all kinds of SBs. Well, that's probably what I am, but I could give a damn what I am. But you put code enforcement in and you bitch about somebody using it. Well, I'm going to tell you something, my wife adopted a Page 247 February 10,2009 road there for 10 years, and she kept that neighborhood spotless. And then she put the -- the Sheriffs Department, she put that in. So every time I try to use that I get a kick in the rear end from Rambosk. Well, I ain't really worried about Rambosk. I think he'll be all right. I'm just going to try to get Don Hunter back if I can. That's a joke. I did that for you. But this guy next door to me and the EMS and that fire department, I had the pictures all laid out, but I forgot them. And I was going to show you what the Sheriffs Department does on their days off when they're supposed to be working. I was going to show you what EMS does, and I'm going to show you what the fire department don't do, just aggravating the hell out of you all night long with them air horns. They'll come up right in front of my house and blow the air horns. It's against the law for them to blow those sirens through a residential neighborhood that late, at three o'clock in the morning. I'm telling you. I wrote them the other night. I was telling this guy, I got this thing still implanted in me, and I'm having a hard time with it. It's about to -- it's really cooking me right now. I'm supposed to go back. And what I'm telling you is somebody pulled me to pieces. I can't hardly make it with it. But thing with this guy living next door to me, everybody -- the Sheriffs Department went around the neighborhood, there ain't a person there that didn't sign a complaint against him. He walks right in people's houses, starts cooking his breakfast at two, three o'clock in the morning. I don't believe I've ever seen an animal quite like this one. But he's been -- it's in the State Attorney's Office now. I don't know when they going to try him, if they ever do. With my luck, they'll kick it out. You know, my luck, they'll put him right in the highest court he's ever been in. You won't believe what he's did to me. Page 248 February 10,2009 Saturday -- I never had mindless treatment like this. I've worked hard. My wife has worked hard. She got that property from her mother and father, and I have spent every dime I got just about in it, in that property, to update it. CHAIRMAN FIALA: Thank you, Mr. Thompson. MR. THOMPSON: I'll be damned if it ain't time for people to clean up around their house. Start on Weeks Avenue and go all the way around, come up Becca, and you will find some of the rottenest garbage -- CHAIRMAN FIALA: Thank you, Mr. Thompson. MR. THOMPSON: -- behind that Pizza Hut. That's the real place to clean up, and I thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN FIALA: And now County Manager? Careful there. MR. MUDD: Yes, ma'am. I have a couple of items. First -- and I don't mean to -- I just got this yesterday and it was later in the afternoon, so I just want to make -- I just received this from the Coconut Creek manager, Mr. David Rivera. We've got enough David Riveras. Now there's the third one. We've got one that works for Hole Mon- -- not Bird, excuse me -- for WilsonMiller, we have a representative, and now we have a city manager. But the interesting parts of this, all of a sudden it shows up and says they're doing testimony, and this has to do with the Seminole Indian Tribe and gambling; attached to it there is a draft. And I don't plan to -- a draft agreement which I didn't even know existed dated of August 9,2007. Bottom line -- and we can cut this to the chase. Is there anybody on the dais that would be opposed to have an Page 249 February 10,2009 agreement broke red by the state that would provide Collier County 5 percent of the gross gambling revenues from each Seminole gambling facility, i.e., the one in Immokalee, and it would come into the general fund? COMMISSIONER COLETTA: Sold America. MR. MUDD: And so -- and the reason I'm asking the question-- I got this yesterday and I said, well, you know, this is kind of interesting, and it goes on and on. And oh, by the way, we have no partners to share with because we have no abutting municipalities, so Collier County would get the 5 percent. Today in my email I received this notification, that the house democratic caucus is meeting with the Seminole gaming CEO tomorrow in Tallahassee. And I just want to make sure that when I get with Keith Arnold and crew that I'm staying within the board's intent that -- stay within the 5 percent gross revenues from -- on an annual basis, instead of impact fees -- the Indians don't pay impact fees. This would be their fee to the county for their impacts that that casino would have on the county in general. And so I could tell Keith, support that draft agreement, and I'll fax it to him tonight so he has it for tomorrow's meeting. But -- I wouldn't do this normally, but this just showed up out of the blue, and I don't want to miss the opportunity and not have someone to speak for us, and then all of a sudden Collier County gets sliced out of the -- sliced out of the agreement. CHAIRMAN FIALA: Do we have to do anything for that 5 percent, sign anything? MR. MUDD: Ma'am, breathe would be really good, and what we do is we'd have an agreement that we would have to sign when it comes to us in order to get it done. But I just wanted to make sure that I was on firm ground with the board in this particular regard. Again-- COMMISSIONER HALAS: Do you need three nods? Page 250 February 10,2009 MR. MUDD: I think I received three nods on this one. I think I have five. The next item is, we've been notified by our outside attorney that's legal counsel for the Code Enforcement Board that she is going to resign. Ifwe were able to get county attorney -- and, again, I didn't want to have people with -- if I could get the county attorney to do it, we could save $14,000 a year. And I've talked to Jeff about this one. He's willing to give it a try. The only piece that's in there that could cause an issue -- and I don't believe it will -- would be somebody coming in and saying, well, the county attorney gave an opinion on a Code Enforcement Board and that he's representing the Code Enforcement Board in the particular action. But we'll take a look at that, but I just wanted to make sure we were in keeping. Again, instead of going out and advertising for an outside consultant, to try to save dollars, we could use the county attorney in this particular regard. Jeff, did I miss anything? MR. KLA TZKOW: No. The state statutes authorize the county attorney to either represent the Code Enforcement Board or be the prosecuting attorney. We're almost never the prosecuting attorney. In those few instances where staff would ask us to prosecute, we could go to the special magistrate who has all the powers of the Code Enforcement Board. So that if the board wished -- and it's really a matter of public perception on this, we could save the county $14,000 a year by our being the Code Enforcement Board's attorney. CHAIRMAN FIALA: Good. Okay. No problem with that from up here. MR. MUDD: Do I have three nods to at least move in that regard, and then if something comes up as we do it? The next issue is, I received yesterday from staff an application for Collier County to put itself into the National Association of Page 251 February 10,2009 Counties for a 2009 achievement award application. This has to do with our Blight Prevention Program. And what I need to have -- because there's a suspense on here of 13 February, is permission from the board so that your chairwoman could sign this particular application at the close of business today, and I can get this out in the mail. It has no revenue issues, no money issues with the county. It would just be an application that would come back. They'd give us some kind of a plaque if we win, and at the same time we could help other municipalities in counties throughout America, helping us work on foreclosure problems. CHAIRMAN FIALA: Great idea. I think you're seeing five nods over here. One big one over here from Commissioner Henning. MR. MUDD: Yes, ma'am. And the last thing, a while back I said that I was going to start looking at real estate to try to get us out of the public -- or excuse me -- the property appraiser's building and the rent. I did meet with Mr. Oboss (phonetic), who's the present landlord of the commercial property that's over here across the street on Airport and 41 where the property appraiser resides. Our annual rent there is $648,000. Because of the economic times, there are some properties that are out there that are good buys at this particular juncture. I met with Mr. Oboss. I offered Mr. Oboss $4 million for the building. All of this is predicated on the board -- coming back to the Board of County Commissioners and getting approval for that. Mr. Oboss is not interested in selling his property for any price. He is very concerned that he stays the county's friend. He's been a good landlord, but that's where that ended. So I made sure I went to see him to make sure he was aware that we were going to come out of our rental agreement. In the interim I've -- there was the Elks Club on Radio Road just Page 252 February 10,2009 at the bottom part of Livingston Road that everybody knows that -- all the commissioners have been there -- that's been up for sale. The asking price on that particular property is six -- was $6.2 million. I put in an offer at $3 million holding a quarter of a million dollars in escrow because I believe they have some structural wall problems, to make sure that the county was covered in that particular regard. I received information yesterday, and they turned that offer down. They told us that their appraisal had it appraised well over $4 million. I don't deny that particular -- and we'll do our own. I counteroffered three-and-a-half million, again, with the 250,000 in escrow. They came back and said, no, it came back -- well, it came back with an offer -- counteroffer that was 3.75 million. And I basically said, last offer was final. And all of a sudden, within 10 seconds, I was at 3.5 million with 250- in escrow. The paperwork will come forward. We need to make sure that we have our 90-day due diligence time period and whatnot in order to get that done, along with our appraisals. I'll let you -- I wanted to make sure you knew that. That all happened within about 15 minutes yesterday afternoon on my email, but I thought you should know about that in that particular regard. So that's out there right now. And I believe everything that I know of, that is a pretty good sales price, and it's a rather large lot, almost 10 acres, has a hundred and -- has 200-plus parking spaces that are on there. And, again, anybody that's been in the Elks Club understands the parking area that's there. It would provide the county a facility that's got 27,000 square feet in it, and we can get some storage issues and other things done. But more to follow on that one. But I just wanted to make sure the board was aware. CHAIRMAN FIALA: Well, Commissioner Coletta has a Page 253 February 10,2009 question. COMMISSIONER COLETTA: Yeah, forgive me. But I've still got concerns about all this, and I talked with Mr. Mudd about it several times. And I'm hoping in the very near future I'll get a tour of all the county complexes to be able to see exactly what we have. But with 22 percent of our people laid off, it seems like we could consolidate what workforce we have and come up with enough room to make it operate. I never -- I've heard that it's not possible, but I still haven't been convinced. And I need to share that with you. I'm not saying this is a bad deal. I'm just saying that I do have concerns. CHAIRMAN FIALA: Thank you. Continue, Mr. Mudd. MR. MUDD: That's all I have, ma'am. Thank you. CHAIRMAN FIALA: Okay. And how about our county attorney? MR. KLATZKOW: I have one item. It's a rather large one. The -- I want to talk a bit about the decision that came down on the clerk's case. As you know, the District Court of Appeals has come down reversing the trial judge. And the District Court of Appeals is saying that the clerk is entitled to the interest on the surplus funds that the county has; in other words, the amount that he's investing for you, the interest received on that is deemed to be income for the clerk. I learned about this decision, curiously enough, from a phone call from the Florida Association of County (sic) attorneys, Ginger de LaGalle (phonetic), who was horrified by the decision and wanted to know what we were going to do about it and offered, frankly, to get her organization to help us get to the Florida Supreme Court on this, because this has statewide implications. We have the ability to file a petition with the second circuit asking basically two things. One's for a rehearing of the decision. They'll deny that. The other one will be for them to certify this as a matter of great state importance so that if they were to do that, we Page 254 February 10,2009 could then petition the Supreme Court to ask them if they want to look at this. The substantial probability is they're going to say no to that either way; however, it's a very minimal cost to do this, and the potential is to get the issue to the Florida Supreme Court. Now, the advantage of getting this in front of the Florida Supreme Court is, one, you may get a reversal but, two, even if the Florida Supreme Court affirms the decision, Tallahassee's now aware of this decision. They're more likely, from a legislative standpoint, if they're bothered by this, to make a change rather than just stay the district court opinion. We would probably get notice from the second circuit within 30 days of our application, and so I'd be able to come, you know, in a couple weeks and let you know what's going on. If the second court denied our motion, which is a substantial probability, at that point in time, I'd probably come to you, ask for a shade session so we can discuss settlement in the clerk's case. So this is really the last piece of it that's active right now that we have to make a decision on. I don't want to go forward without board direction on this. Jackie's already done pretty much all the work. Florida Association of Counties' attorneys, at this point in time my understanding is they're willing to help us with a brief in support of this. I need to let them know, because I think Friday is the day we're going to be filing, and their last day, I think, would be Tuesday to do that, but they would also intend to file Friday. It's just a quick time to turn around. It's up to you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I know the fee to file a petition in the Supreme Court is $300. That's what they have online. That's the only thing I know about the fiscal impact. So what is the fiscal impact to taxpayers? Page 255 February 10,2009 MR. KLA TZKOW: I would have Jackie do the paperwork so that there'd be no outside counsel on this. It would be Jackie's time. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think I need to make you aware of where I stand on this thing pretty quickly. I think it's a bad decision. It means that taxpayers' money is going to be spent by someone who doesn't have to get approval for expenditure and doesn't really have any oversight. But the point is that I have said from the very beginning, if we get a court decision, I'm going to accept it and abide by it. As bad as it might be, I'm not interested in pursuing this any further, okay? I've had it. We've spent enough time and enough money on this, and -- although I think it is wrong, but nevertheless, that's the way it's going to be. If the Court tells me that I've got to release millions of dollars to someone to spend taxpayer money without any accountability and without any approvals, then that's what I'm going to do. And I'll probably try to get some audits from time to time to find out what's going to be going on -- what's being done with it, but I'm not sure we'll ever get that from the clerk. But in any event, I'm finished with it, okay? I'm through. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I wasn't quite done. CHAIRMAN FIALA: Oh, I'm sorry. COMMISSIONER HENNING: And I know that -- I mean, the law's pretty clear that whatever the clerk in this case doesn't use for his office, he's to return it to the Board of County Commissioners. County manager budgeted those monies, and it's anticipated on a monthly basis; is that a fair statement? MR. MUDD: No, sir. I -- the clerk's particular budget -- there is no budget for the clerk in our -- in our approved budget because he claimed to be a fee officer. Page 256 February 10,2009 COMMISSIONER HENNING: Correct. But the law says whatever funds he has left over -- and it's just like the Tax Collector-- he's to turn over to the Board of Commissioners. MR. MUDD: Yes, sir. COMMISSIONER HENNING: And my question is, were you-- on the interest money, you were anticipating it and trying to get that back at each month, if I'm -- MR. MUDD: Yes, sir, that's what the board's resolution that had passed in September of 2007 had stated. The issue now -- and oh, by the way, in your budget, clerk's interest on the budget that you passed was projected to be $20 million. COMMISSIONER HENNING: Right. So Madam Chair, if you don't mind, why don't you allow me to work with the County Attorney's Office and the clerk to see if we can get payments on a monthly basis. CHAIRMAN FIALA: First of all -- I'm sorry if! stepped in front of you. Back in 2002 when we had -- when the clerk was a budget officer -- and he was a budget officer for as long as I can remember way back when and always was before this clerk was in office -- and I said -- he came to my office and he said, you ought to put your interest money with me. So I said, great. So I brought it to everybody's attention at that board meeting and said, let's put our interest money with the Clerk of Courts. And, of course, the main concern was, will we get our interest money back, not only the interest, but the interest on the interest money, because we need it for other things, especially in these down times when we're trying to keep our employees working. We need that money desperately. And he said, you'll get every single cent of your money back, and with that, we all voted for it. Now, all of a sudden, it's legal for him to take our money and, by Page 257 February 10, 2009 the way, he doesn't have to account for it. He can spend it on suing our pants off all the time, and that's perfectly okay, and it just bothers me tremendously. Commissioner Halas? COMMISSIONER HALAS: I, myself, am in favor of joining with the Florida Association of Counties to pursue this to the utmost. I feel that, contrary to what's been published in the newspaper, I believe that the Board of County Commissioners in any county have the final say in regards to monies and how they are spent. And I feel that I want to pursue this until the final straw. So that's where I stand on this. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I couldn't agree more. I think that we need to bring resolution to this. And this is something that will have a clear path. And once it gets there, it's the end results. There's nothing that can happen after that? MS. HUBBARD: Well, where we are right now -- the end of the road is the appeal to the Florida Supreme Court. If the Florida Supreme Court accepts the appeal, then that's it. If the Florida Supreme Court does not accept the appeal, that's also it. But the rules of appellate procedure permit the county in this case to file a notice for a rehearing and also to file a petition, our motion for certification, to the Florida Supreme Court. At that point, which is pretty much strictly procedural, it's over. It's -- as far as this case is, and then you know exactly what the law is. You've taken it as far as it will go, and that is the law that's going to be until such time as some other incident arises. COMMISSIONER COLETTA: Okay. I'm for proceeding. CHAIRMAN FIALA: Okay. Commissioner Halas, then Commissioner Coyle, then me. COMMISSIONER HALAS: Now, it's my understanding -- and correct me if I am wrong -- but the appeal that was -- the ruling came Page 258 February 10,2009 down on, that appeal was put in by the Clerk of the Courts; is that correct? MS. HUBBARD: That's correct. The entire litigation matter was instigated by the clerk, not the county. COMMISSIONER HALAS: Okay. So why didn't the county get involved in this, or is it strictly the clerk's side of the proceedings? MS. HUBBARD: No. Both parties were involved in the appeal. The county filed a brief -- the clerk filed his brief first, the county filed a brief in opposition, the clerk filed a responsive brief to our brief. COMMISSIONER HALAS: Okay. MS. HUBBARD: Then the clerk requested expedited appeal. We had oral argument on December 2. And, as you know, the ruling came down on January 29th. COMMISSIONER HALAS: Okay. MS. HUBBARD: And really, the only thing left to do, if you vote to continue, is to file additional legal writings with the Court. COMMISSIONER HALAS: What I hope that we -- that the -- what I hope that we gain out of this process is that someone tells us who has the utmost authority, the Board of County Commissioners or the Clerk of Courts. That's what I want to find out, okay? MS. HUBBARD: I understand. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think they've already told us. It's the clerk. But nevertheless. I do applaud the three members of the commission who want to proceed with this, and I don't blame you. The problem is, that unless we get some other counties in Florida to express concerns about this, it's not going to go anywhere. Nobody's going to care about it, and it -- now, I've been told that it's not likely anybody else is going to get involved in it because nobody else has a clerk like we have. MR. KLATZKOW: No. MS. HUBBARD: Well, they're -- well, go ahead. Page 259 February 10, 2009 MR. KLA TZKOW: The Florida Association of County attorneys are going to be filing a brief in support of this. COMMISSIONER COYLE: Well, big deal. MS. HUBBARD: Plus Herb -- plus their county, Herb Teal (phonetic), his county. MR. KLATZKOW: Leon County. MS. HUBBARD: Leon County's filing -- wishes to file an amicus brief also. So you have two entities. COMMISSIONER COYLE: And those are the only ones that are interested in doing anything? MS. HUBBARD: Well, the opinion is just starting to go around the state. COMMISSIONER COYLE: Well, how long do we have before we make a decision? MR. KLA TZKOW: We have to file by Friday. It's a very -- it's MS. HUBBARD: It's a short process. MR. KLA TZKOW: It's a very short process. COMMISSIONER COYLE: Okay. Well, I can understand why you want to do that. But it's absolutely critical if we're going to get any attention from anybody to get more counties involved in this. Now, I want you to explain to me again, why are the other counties not so concerned about this? MS. HUBBARD: Well, if I may, we did a survey in the past week after the opinion came down, and what we found out was that of the 67 counties in the State of Florida, 57 of those counties utilize the clerk for their investments. Ten counties do not. The -- both Jeff and I participated in a conference call. The import of this decision isjust starting to move around the state. Of those 57 counties, some of them are charter counties, some of them are not that, use the clerk to handle their investments. Page 260 February 10, 2009 We spoke to quite a few of those counties in compiling this list. Apparently some clerks feel that they don't have a lot of surplus funds, so it's not a major issue to them. It's going to be an issue, it seems to me, to the counties in which they do have substantial surplus funds, which we don't know which counties do and which counties don't, and we don't know -- we have copies of all the charters, but we don't really know whether or not there are ordinances that prevent the clerk from taking the interest in all of these counties or whether each charter county prevents the kind of problem that we have. That analysis has really not been completed, and I think people around the state are just beginning to look at that issue. So it's a new issue. It does have some room for argument that the opinion was incorrect. And the briefs are pretty much prepared. We do have at least two amicus people who are going to petition the court to file briefs in support of our position. COMMISSIONER COYLE: Okay. Now -- all right. It looks like we've got a majority that want to proceed, so I'm not going to try to talk them out of it. I encourage them to proceed. But the other issue I want to make absolutely clear -- and I believe, based upon past comments by other members of the board, most of the members of the board agree with this statement -- this has absolutely nothing to do with trying to limit the clerk's ability to properly audit funds or the expenditure of money in Collier County. If the clerk walked through the door in the next five minutes and gave this board reason to believe that there was something wrong in some department, there was something wrong with some contract and he felt it needed to be audited, I would vote to give him the money to do it, okay. So this has absolutely nothing to do with the clerk's ability to audit. The point is, he has never once, in the seven years I've been here, come before this commission and said, I think we have a problem. I think we ought to audit somebody or some department or some fund. Page 261 February 10, 2009 I've never heard that from the clerk. And so for people to allege that we're doing this because we want to restrict the clerk's ability to perform valid audits is absolutely -- is a distortion of the facts, okay. But nevertheless, that's my position, and I applaud the majority of the board for proceeding. CHAIRMAN FIALA: Thank you. COMMISSIONER COYLE: Good luck. CHAIRMAN FIALA: Thank you. And I'd like to ask, how many ofthe clerks around the State of Florida, 67 counties, how many are actually budget officers and how many are fee officers? MR. KLA TZKOW: We believe that pretty much all are budget officers. CHAIRMAN FIALA: I see. MR. KLATZKOW: Now, with this decision, they may be doing the calculus in their head, are they better off as a fee officer or budget officer. I don't know. CHAIRMAN FIALA: I would think that the other counties would get pretty nervous. And when they see that their interest dollars have wings on it and they can't even ask for any accounting, I would guess a lot of people are going to be very nervous. And I liken it to a bank. When I take my money to a bank and it earns interest, I expect to be able to get my interest when I want it. I don't expect the bank to say, well, you know what, we've had a lot of extra expenses, so I'm going to -- I'm going to take your money and, really, I don't have to tell you where I'm spending it. Anyway. COMMISSIONER COYLE: That's what it is. CHAIRMAN FIALA: Excuse me. So is that all? You've got some direction from us. MR. KLA TZKOW: That's all, yes. Thank you. CHAIRMAN FIALA: Three people that said please move forward, Commissioner Halas, Commissioner Fiala, Commissioner Page 262 February 10,2009 Coletta. Thank you very much. MS. HUBBARD: Thank you. CHAIRMAN FIALA: And now Commissioner Coyle. COMMISSIONER COYLE: I have -- yes, I do have something very quick. I had a constituent come talk with me within the past week. I hope he's gone to the county manager to get on the schedule for public petition. It has to do with Mr. Thompson. Okay. So I'm told that it is -- is going to be on a public petition. And I want to tell you where this -- I think what I'm going to do. I'd like to ask the county manager to get me a report from all of the appropriate agencies listing the times that Mr. Thompson has called the police department, the fire department, the EMS, the code enforcement people, anybody who goes out to his property and spends their time listening to his stories, because I would like to have this board investigate charging him a fee that covers the cost of the time wasted by our staff, the sheriffs staff, anybody else's staff, in going out on these wild goose chases. I saw a list of calls for one day. For one day there were 25 calls, and there were police officers who were out there, there were code enforcement people who were out there, you know. It just goes on and on and on. It doesn't ever stop. And the only way I think we're going to stop this is to charge Mr. Thompson a fee for wasting the time of our personnel. Weare having a difficult budget time, and we need to take some action about this. This has been going on for the seven years I've been on this commission. He's come here hundreds of times, and that's only -- and he's talked with the staff more than he's talked with us. So we've got to take some action about this. We just can't permit this to continue. He harasses everybody in the neighborhood about something. MR. MUDD: Two years. Commissioner, you're making a request for two years? You don't want to go any deeper than two Page 263 February 10, 2009 years, do you? COMMISSIONER COYLE: Over the past decade would be really good, but two years if that's all you can imagine -- all you can manage. MR. MUDD: No, we can manage it, but it just gets to be-- COMMISSIONER COYLE: Let's take a look at the two years, and then see where that takes us, and then if we can -- CHAIRMAN FIALA: I think Commissioner Coletta has a comment on this. COMMISSIONER COLETTA: And I understand your concern, but there might be a better way to approach this, you know. You're talking about a person that has issues in life, that they go past what you see in here. What I might suggest is maybe we might be able to come up with an understanding when people out there in staff, when they receive the phone calls, treat him with the kind of deference that needs to be to be able to just handled in on the phone call, refer to a supervisor, whatever. But I'm very nervous about going -- for spending the amount of time it's going to take to research something that we already know the answer to. He takes an exorbitant amount of staff time, not only our staff, but the Sheriffs Department and everyone else. Maybe Jim Mudd could intercede on our behalf to all these different agencies, county -- in the county itself, our county government, and the Sheriffs Department. COMMISSIONER HENNING: Leo Ochs. COMMISSIONER COYLE: Here's my problem. I've through of that and I've gone through it. Let's suppose that the police department gets a call from him, he's making some wild allegation about what's going on out there, police department is very diplomatic, says, yes, sir, we understand, we've been out there before, we're not going to come out, and there's really something bad going on. You see? Page 264 February 10,2009 COMMISSIONER COLETTA: Well, we have a false report law that if you file a false report, you can be prosecuted for it. COMMISSIONER COYLE: I don't know that that's true of code enforcement. I don't know if it's true of -- CHAIRMAN FIALA: County Manager's Office nor your office. COMMISSIONER COYLE: Yeah. I don't know if we have those kind of things. MR. KLATZKOW: I had a gentleman in my office, and, you know, to say that he's being harassed is putting it mildly. His life is a nightmare right now. I mean, it's incessant, the complaints. We control code enforcement, and I've asked my staff to put together a memorandum of like a do not respond. Code enforcement's not a matter oflife, safety, and health issues. So if there was something horrible going on like a fire or EMS, that's one thing, but to constantly utilize our staff as a hammer to bang your neighbor time and time and time again, I think, is inappropriate, but that will be a board decision. COMMISSIONER COYLE: Well, I think it's inappropriate, too, and I'd like to take some action against him. I'm tired of this. Seven years. My patience has worn out, and I know the sheriffs has, too. CHAIRMAN FIALA: So do you have some direction on that, Mr. Mudd, or will you work that out with-- MR. MUDD: I'll try to get some -- CHAIRMAN FIALA: -- Commissioner Coyle? MR. MUDD: -- historical information and we'll keep cranking. This gentleman will petition the board at the next meeting, and Mr. Klatzkow's already working on an opinion or whatnot in order to give some direction from the board to staff as far as cease and desist is concerned. CHAIRMAN FIALA: Very good. Okay, thank you, Commissioner Coyle. Commissioner Halas? Page 265 February 10,2009 COMMISSIONER HALAS: I'd just like to say that County Manager Jim Mudd, myself, and Deb Wight made a fast trip up to Washington. We saw snow. We froze. But I think the end result was that our concerns were addressed. And I believe that through the auspices of our lobbyist up there, that we're going to get some funding back down here for a lot of our projects; probably the majority of them. I also would like to say that with our meeting with Congressman Diaz-Balart, Commissioner -- or excuse me -- County Manager Mudd basically said that there should be accountability for this massive amount of aid that seems to be flowing out of Washington in regards to people who claim they have shovel-ready projects. Jim Mudd made it very clear to his staff that these people -- that our shovel-ready projects better be shovel-ready. All the permitting by other agencies, other than local, need to be addressed and cleared, and that the projects that we have on the shelf can immediately -- if there's money that happens to come down from Washington, to start building infrastructure and putting people in Collier County back to work. The manner in which County Manager Mudd made that -- and I hope there's no offense here, but he says, if somebody gave me some wrong information, they'll be gone. I'll ask them for their resignation. The point being that Congressman Diaz-Balart was so impressed that he brought this up to the congressman from Minnesota, Oberstar, who is in Congress, the -- kind of the overseer of how they're going to dispense these funds. And if I'm -- MR. MUDD: Transportation appropriations. I mean, he is the committee chair. COMMISSIONER HALAS: Okay. And so any of the transportation things, Diaz-Balart took -- asked if we had an extra book, which is about so thick, that our lobbyist put together, and we said yes. And he immediately took it down to the floor after we left, Page 266 February 10,2009 and Jim Mudd got a phone call from chief of staff from Diaz-Balart's office saying that it had made it down to the floor in the House and that the people were impressed with what we want to have -- make sure that the funds are committed and that if we -- if states or counties such as us can't use the funds, then it must be returned back to the people in Washington DC. CHAIRMAN FIALA: That's great. COMMISSIONER HALAS: So we did leave quite an impression there, and I think the trip was fulfilling for us, that we've accomplished the task, and we're just now waiting to see what the appropriations are. CHAIRMAN FIALA: Thank you for going up and representing us. You do a great job every year, and we so appreciate that. Thank you. COMMISSIONER HALAS: Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Oh, thank you. Mr. Mudd, on the 24th, is that when we're going to be issuing budget guidance? When does this come into play? MR. MUDD: I believe we're shooting for 2/24, sir. COMMISSIONER COLETTA: Okay. So the next meeting we're going to be discussing budget guidance and -- there's going to be an issue that we need to be able to start thinking about in great detail at this point in time. There's going to be many different things. There's going to be -- all sorts of sacred cows are going to get knocked out of the picture for this particular budget coming up. I got no doubts about it. One of the things that we need to -- COMMISSIONER COYLE: Limerock roads. COMMISSIONER COLETTA: Sir? COMMISSIONER COYLE: Limerock roads. COMMISSIONER COLETTA: That's very possible. Also Page 267 February 10,2009 planted mediums (sic). COMMISSIONER COYLE: That's right. COMMISSIONER HALAS: That's right. COMMISSIONER COLETTA: Okay. And what we need to do is we need to come to this thing with our minds wide open, how we're going to be able to survive, how we're going to be able to meet the basic needs that are out there, health, safety, and welfare. That's going to have to take a precedence. I already have concerns over -- I was reading, there was something like 17,000 people in Collier County now that are on food stamps. It was an unbelievable number. So this situation seems to be picking up steam as we go forward, and so what we're going to have to be looking at, how we're going to be able to keep our citizens together, body and soul. A lot of the fluff that we've been offering on a regular basis -- I'm sorry, you were -- forgive me. I thought you were signaling me to be quiet or something. That's Commissioner Coyle's job. COMMISSIONER COYLE: That's it. COMMISSIONER COLETTA: You're right, that is it, but between now and next meeting, we have to do a little soul searching. CHAIRMAN FIALA: Can I ask? I have a little problem sometimes with it as well, because as we cut back more and more of our dollars, we cut off jobs, so -- COMMISSIONER COLETTA: Right. CHAIRMAN FIALA: -- we put more people out of work. Do we want to spend the money or try and at least eke out some kind of -- so at least keep people semi working so that they can partially fund their family or eliminate the jobs altogether. That's something else we have to consider. COMMISSIONER COLETTA: Well, that's what Obama's doing for us, I guess, with his stimulus plan. But meanwhile, we have to be realistic what we're going to have Page 268 February 10,2009 to work with. I doubt there's going to be any turn back money that we'll have to argue over. I can almost see that just disappearing into the regular budget. CHAIRMAN FIALA: Some of it -- COMMISSIONER COLETTA: Well, there's very little money there. I don't think there's going to be an awful lot to talk about. But I just had to bring it up now. I mean, it's a very big concern to me because there's a lot of things that I am needing in my district that I know are going to go unfulfilled, at least for the next couple of years. CHAIRMAN FIALA: Me, too. COMMISSIONER COLETTA: And so please, between now and the next meeting, keep your minds open. CHAIRMAN FIALA: And we have to think about trying to keep our people working as well. Commissioner Henning? COMMISSIONER HENNING: Happy Valentine's Day. CHAIRMAN FIALA: Thanks. And actually, that's all. I have nothing. COMMISSIONER COYLE: We're adjourned. CHAIRMAN FIALA: We're adjourned. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: You need a motion. MR. MUDD: Motion. CHAIRMAN FIALA: Oh, I need a motion? MR. MUDD: Yes, ma'am. COMMISSIONER HENNING: Made me do it. COMMISSIONER HALAS: He made a motion, I seconded. CHAIRMAN FIALA: Okay. Motion by Coyle, second by Halas. All those in favor, say aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 269 February 10, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. The Henning move. CHAIRMAN FIALA: Now you can go home. ****Commissioner Henning moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al - Moved to Item #10F Item #16A2 RECORDING THE FINAL PLAT OF COPPER COVE PRESERVE, UNIT TWO - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO ISSUANCE OF FINAL APPROVAL LETTER Item #16A3 RESOLUTION 2009-27: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VERONAWALK PHASE 3A (WINDING CYPRESS PUD) WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A4 RESOLUTION 2009-28: EXTENDING THE TERM OF THE Page 270 February 10,2009 RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE - DUE TO THE DELAY IN COMPLETION OF THE COMMITTEE'S FIVE YEAR REVIEW OF THE RURAL LANDS STEWARDSHIP PROGRAM, NEW TERM EXPIRA TION DATE IS APRIL 24, 2010 Item #16B 1 BID NO. 09-5144 - 111 TH AVENUE AT 8TH STREET INTERSECTION IMPROVEMENTS (PROJECT NO. 600741/F.M. NO. 415543-1) TO BETTER ROADS, INC., IN THE AMOUNT OF $148,660.60 WITH 10% CONTINGENCY OF $15,000.00 FOR A TOTAL OF $163,660.60 - TO ADD DEDICATED TURN LANES; CONSTRUCTION TO BEGIN SPRING OF 2009 Item #16B2 RESOLUTION 2009-29: THE DONATION OF PLANTS FROM THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.) TO THE NAPLES BOTANICAL GARDEN (NBG) - DUE TO THE REMOVAL OF PLANT MATERIAL AFFECTED BY A LIGHTING PROJECT AT THE BA YSHORE BRIDGE (ESTIMATED VALUE: $3000.00 Item #16B3 THE LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND PINE AIR LAKES DEVELOPMENT DISTRICT FOR LANDSCAPING WITHIN THE RIGHT-OF-WAY ON NAPLES BOULEVARD- IMPROVEMENTS ARE TO BE FUNDED AND MAINTAINED BY PINE AIR LAKES CDD Page 271 February 10,2009 Item # 16B4 A WORK ORDER IN THE AMOUNT OF $223,990, TO URS FOR PROJECT MANAGEMENT AND OVERSIGHT FOR THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (LASIP) LELY MAIN CANAL (EAST - WEST) PHASE UNDER CONTRACT #05-3657, PROJECT MANAGEMENT AND OVERSIGHT SERVICES - TO PROVIDE PROFESSIONAL SUPPORT INVOLVING CONTRACT SCOPING, PLAN REVIEWS, SCHEDULING REVIEWS, BUDGETING, EVALUATION OF COMPLETENESS OF SUBMITTALS, AND PAYMENT SUBMITTALS Item #16B5 CONTRACT #08-5132, TO AMERICAN TRAFFIC SOLUTIONS FOR PROVISION OF A RED LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM - FOR SIGNALIZED INTERSECTIONS MAINTAINED BY COLLIER COUNTY Item #16Cl CONTRACT ITB #08-5075, COLLECTION AGENCY SERVICE FOR COLLIER COUNTY TO UNITED ADJUSTMENT CORPORATION - THE TERM IS FOR 2 YEAR PERIOD, WITH A RENEWAL CLAUSE FOR AN ADDITIONAL 2 YEARS Item #1601 FIVE (5) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES AT $14,987.08 EACH FOR Page 272 February 10,2009 OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY AT LIBERTY LANDING - DEFERRING $74,935.40 IN IMPACT FEES FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (FOR FELIX AND IRMA, LOT 126; MICHELINE BRIGNOL AND DACHNA CIVIL, LOT 123; MICHELLE CANALES, LOT 125; JOSE GOMEZ VEGA AND MARGAITA GOMEZ, LOT 124 AND ROMENER BAPTISTE, LOT 121) Item #1602 EIGHT (8) DEVELOPER LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES AT $14,987.08 EACH FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS LOCATED IN COLLIER COUNTY AT LIBERTY LANDING - DEFERRING $119,896.64 IN IMPACT FEES FOR HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (FOR LOTS 56, 57, 58, 59, 60, 61, 62 AND 63 IN LIBERTY LANDING) Item #16D3 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 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 REPLACING PAGE 2 OF 10 DUE TO A SCRIVENER'S ERROR Page 273 February 10, 2009 ON THE FDEP COST SHARE CONTRACT #05C01 FOR THE CITY OF NAPLES/COLLIER COUNTY BEACH RE- NOURISHMENT PROJECT - DUE TO A CLERICAL ERROR Item #1605 REVISED USE AGREEMENT NO. U-0344 BETWEEN BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND COLLIER COUNTY FOR ACCESS TO DELNOR- WIGGINS STATE PARK FOR WIGGINS PASS DREDGING Item # 1606 AN AMENDMENT TO THE EDEN GARDENS APARTMENTS LIMITED PARTNERSHIP STATE HOUSING INITIATIVES PROGRAM (SHIP) FOR (55) FIFTY-FIVE MULTI-FAMILY RENT AL UNITS SUBRECIPIENT LOAN APPROVED ON NOVEMBER 13, 2007 (ITEM 16027) FOR $442,000.00, ALLOWING FOR A TIME EXTENSION, BUDGET CHANGE AND PAYMENTS TO BE MADE TO EDEN GARDENS APARTMENT LLP AS REIMBURSEMENT FOR EXPENSES INCURRED FOR ELIGIBLE COSTS ASSOCIATED WITH THE AGREEMENT EVEN THOUGH LEASING OF THE UNITS IS NOT COMPLETE - THESE UNITS ARE FOR MIGRANT FARM WORKERS IN THE IMMOKALEE AREA Item #1607 AN AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA AND BUDGET Page 274 February 10, 2009 AMENDMENTS TO REFLECT THE ACTUAL GRANT A WARD FOR THE OLDER AMERICANS ACT PROGRAM - FOR THE PERIOD OF JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 Item # 16D8 AN AMENDMENT TO THE BIG CYPRESS HOUSING CORPORATION COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FOR (55) FIFTY-FIVE MULTI- FAMILY RENTAL UNITS SUBRECIPIENT AGREEMENT APPROVED ON JULY 24, 2007 (ITEM #120) FOR $192,000.00, ALLOWING FOR TIME EXTENSION AND FINAL PAYMENTS TO BE MADE TO BIG CYPRESS AS REIMBURSEMENT FOR EXPENSES INCURRED FOR ELIGIBLE COSTS ASSOCIATED WITH THE AGREEMENT EVEN THOUGH LEASING OF THE UNITS IS NOT COMPLETE - THESE UNITS ARE FOR MIGRANT FARM WORKERS IN THE IMMOKALEE AREA Item # 1609 APPLICATION AND MEMORANDUM OF UNDERSTANDING FOR A SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT IN THE AMOUNT OF $350,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND, IF AWARDED, SERVING AS THE FISCAL AGENT AND AUTHORIZING STAFF TO NEGOTIATE A SUB-RECIPIENT AGREEMENT WITH CHILD ADVOCACY COUNCIL (DBA CHILD PROTECTION TEAM) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16010 Page 275 February 10,2009 AN AGREEMENT WITH COLLIER COUNTY CHILD ADVOCACY COUNCIL DBA CHILD PROTECTION TEAM, PROVIDING SUPERVISED VISITATION SERVICES IN COLLIER COUNTY. SERVICES WILL BE REIMBURSED THROUGH A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN, WHICH BEGAN SEPTEMBER I, 2007 AND ENDS AUGUST 31, 2009 Item #16El A FIRST AMENDMENT TO LEASE AGREEMENTS WITH GEORGE VEGA, TOM BROWN, LARRY MARTIN AND JACK STANLEY, AKA PALM LAKE INVESTMENTS, FOR TEMPORARY OFFICE SPACE TO HOUSE THE OFFICE OF THE PUBLIC DEFENDER DURING CONSTRUCTION OF THE NEW COURTHOUSE ANNEX BUILDING AT A MONTHLY COST OF $17,225.10, PROJECT #52004-1- LEASES WERE SCHEDULED TO EXPIRE IN FEBRUARY Item #16E2 AN AGREEMENT FOR SALE AND PURCHASE WITH MAHLAN HOUGHTON AND PAULA HOUGHTON FOR 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $44,000 - LOCATED IN GOLDEN GATE ESTATES, UNIT 53 AS PART OF THE RED MAPLE SWAMP PRESERVE MULTI- PARCEL PROJECT Item # 16E3 Page 276 February 10, 2009 AN AGREEMENT FOR SALE AND PURCHASE WITH MONTY D. ROBINSON FOR 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $36,800 - LOCATED IN GOLDEN GATE ESTATES, UNIT 53 AS PART OF THE RED MAPLE SWAMP PRESERVE MULTI-PARCEL PROJECT Item # 16E4 AN AGREEMENT FOR SALE AND PURCHASE WITH THEODORE W. ROMAK FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $18,700 - LOCATED IN GOLDEN GATE ESTATES, UNIT 53 AS PART OF THE RED MAPLE SWAMP PRESERVE MULTI-PARCEL PROJECT Item #16E5 THE COLLIER COUNTY EMPLOYEE BENEFIT PLAN AND FLEXIBLE BENEFITS PLAN DOCUMENTS EFFECTIVE JANUARY 1,2009 - PROVIDING GROUP HEALTH INSURANCE COVERAGE TO EMPLOYEES THROUGH A PARTIALLY SELF-INSURED GROUP HEALTH PROGRAM Item # 16E6 BID NO. 09-5146, HANDYMAN AND MINOR CARPENTRY SERVICES TO BQ CONCRETE LLC; ONESOURCE CONSTRUCTION COMPANY AND BUILDERS, INC.; HOMESCAPE CONSTRUCTION, INC.; SPECTRUM CONTRACTING, INC.; AND CALI AND ASSOCIATES, INC., FOR HANDYMAN AND MINOR CARPENTRY SERVICES FOR Page 277 February 10, 2009 AN ESTIMATED ANNUAL AMOUNT OF $70,000 - FOR THE MAINTENANCE AND REPAIR OF COUNTY OWNED AND LEASED BUILDINGS Item #16E7 CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD OF DECEMBER 15,2008 THROUGH JANUARY 16,2009 Item #16E8 A FIRST AMENDMENT TO LEASE AGREEMENT WITH DOMENICO AND MARIA LAGRAST A FOR THE CONTINUED USE OF TEMPORARY WAREHOUSE/OFFICE SPACE USED BY THE SHERIFFS OFFICE AT A FIRST YEARS COST OF $52,800 - LOCATED ON MERCANTILE AVENUE AND USED FOR THEIR FLEET MAINTENANCE, RADIO SHOP, MOBILE DATA, TELEPHONE AND PURCHASING OPERATIONS Item #16E9 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST QUARTER OF FY 09 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16EI0 RESOLUTION 2009-30: AMENDING THE PURCHASING Page 278 February 10,2009 POLICY TO ALLOW STAFF TO SOLICIT PROPOSALS FROM FIRMS UNDER CCNA FIXED TERM AGREEMENTS Item #16Fl RESOLUTION 2009-31: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET - FOR REVENUE RECEIVED FROM NCH HEAL THCARE FOR EMS CERTIFICATE RENEWAL (BA 09- 157) AND GRANT REVENUE FROM FLORIDA AIRPORT COUNCIL FOR MARCO (09-152) AND IMMOKALEE (09-151) Item # 16F2 A PROPOSED ORDINANCE EXTENDING THE OPPORTUNITY FOR A VOLUNTARY SEPARATION INCENTIVE PROGRAM TO ELIGIBLE EMPLOYEES UPON APPROVAL BY THE BOARD OF AN ENABLING RESOLUTION AND AUTHORIZE STAFF TO ADVERTISE SAID ORDINANCE FOR APPROVAL AT A FUTURE BOARD MEETING - TO ASSIST THE COUNTY MANAGER'S AGENCY IN MEETING ITS FINANCIAL GOALS Item #16Gl A GRANT AGREEMENT WITH THE FEDERAL A VIA TION ADMINISTRATION (FAA) IN THE AMOUNT OF $187,150.00, AND ALL NECESSARY BUDGET AMENDMENTS, TO EXPAND THE AIRCRAFT PARKING APRON AT THE IMMOKALEE REGIONAL AIRPORT - TO PROVIDE FOR THE CAPACITY AND SAFETY NEEDS OF INCREASED DEMAND Page 279 February 10,2009 Item #16G2 A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) IN THE AMOUNT OF $101,741.00, AND ALL NECESSARY BUDGET AMENDMENTS, FOR CONSTRUCTION OF THE AIRCRAFT APRON (NORTH) AT THE MARCO ISLAND EXECUTIVE AIRPORT - TO ENHANCE SAFETY BY PROVIDING SUFFICIENT AIRCRAFT OPERATION AND MOVEMENT AREA ENSURING COMPLIANCE WITH FAA AIRPORT DESIGN CRITERIA AND STATE AND COUNTY CODES Item #16H1 COMMISSIONER HENNING'S REIMBURSEMENT FOR A TTENDING AN EVENT SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE ANNUAL EAST NAPLES CIVIC ASSOCIATION BANQUET ON 1-26-09. $40.00 TO BE PAID OUT OF COMMISSIONER HENNING'S TRAVEL BUDGET - HELD AT THE NAPLES LAKES COUNTRY CLUB Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A V AUD PUBLIC PURPOSE. SHE ATTENDED THE 59TH ANNUAL EAST NAPLES CIVIC ASSOCIATION BANQUET ON JANUARY 26, 2009 AT NAPLES LAKES COUNTRY CLUB IN NAPLES, FL. $40.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item # 16H3 Page 280 February 10,2009 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE ECONOMIC DEVELOPMENT COUNCIL VIP BREAKFAST ON FEBRUARY 6, 2009 AT PARKER HANNIFIN IN NAPLES, FL. $10.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 3580 SHAW BLVD IN THE WHITE LAKE BUSINESS PARK Item #16H4 COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE URBAN LAND INSTITUTE OF SOUTH WEST FLORIDA'S 12TH ANNUAL WINTER INSTITUTE ON THE GULF, JANUARY 29, 2009 AT THE NAPLES HILTON. $50 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item # 16H5 COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA PARTICIPATING AS INSTRUCTOR AND STUDENT AT THE 25TH ANNUAL GROWTH MANAGEMENT, ENERGY, CLIMATE CHANGE, AND ENVIRONMENT SHORT COURSE, FEBRUARY 18-19, 2009, AT THE DAYTONA BEACH HILTON. REGISTRATION $495; HOTEL ACCOMODATIONS $133; PARKING: $34; TOTAL OF $662 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Page 281 February 10,2009 Item # 16H6 COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDED THE 59TH ANNUAL EAST NAPLES CIVIC ASSOCIATION BANQUET, JANUARY 26,2009. $40 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE NAPLES LAKES COUNTRY CLUB Item #16H7 COMMISSIONER COLETTA'S PAYMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER COLETTA ATTENDING THE FOUNDATION FOR DEVELOPMENTALLY DISABLED FUNDRAISER AND GALA, FEBRUARY 21,2009. $125.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item # 1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 282 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 10,2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of December I, 2008. 2) Airport Authority: Minutes of October 6,2008; November 11, 2008 w/Form 8B Conflict of Interest, dated 11110/08 by David Gardner; December 8, 2008. 3) Collier Countv Citizens Corps: Agenda of November 19, 2008. Minutes of November 19, 2008. 4) Collier County Coastal Advisorv Committee: Minutes of November 13,2008; December 11, 2008. 5) Collier County Planning Commission: Agenda of January 15, 2009. Minutes of November 20, 2008; December 4, 2008; December 9,2008 Special Session. 6) Contractors Licensing Board: Minutes of December 17, 2008. 7) Development Services Advisorv Committee: Minutes of December 3, 2008. 8) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of November 12, 2008. Minutes of October 8, 2008. 9) Golden Gate Beautification Advisory Committee: Agenda of January 13,2009. Minutes of September 9,2008; December 11, 2008. 10) Hispanic Affairs Advisory Board: Minutes of October 23, 2008. 11) Isles of Capri Fire Control District Advisory Committee: Agenda of December 4, 2008. Minutes of December 4, 2008. 12) Land Acquisition Advisorv Committee: Minutes of December 8, 2008. 13) Library Advisory Board: Minutes of December 9,2008. 14) Ochopee Fire Control District Advisory Committee: Minutes of December 8, 2008. 15) Parks and Recreation Advisorv Board: Minutes of December 17, 2008. 16) Pelican Bay Services Division Board: Agenda of December 3, 2008. Minutes of December 3, 2008. 17) Radio Road Beautification Advisory Committee: Agenda of November 18, 2008. Minutes of October 21,2008. 18) Rural Lands Stewardship Area Review Committee: Minutes of December 18, 2008. 19) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of December 4, 2008. Minutes of October 23,1P08. B. Other: 1) Code Enforcement Special Magistrate: Minutes of December 5, 2008. February 10,2009 Item #] 611 DISBURSEMENTS FOR THE PERIOD OF JANUARY 17,2009 THROUGH JANUARY 23, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #] 6J2 DISBURSEMENTS FOR THE PERIOD OF JANUARY 24, 2009 THROUGH JANUARY 30, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 A SETTLEMENT PRIOR TO TRIAL IN THE LAWSUIT ENTITLED OSVALDO GAYON V. DENNIS LARSON, ET AL.; FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 06-340-CA, FOR $9,500.00 - FOR AN INCIDENT THAT OCCURRED ON APRIL 19, 2005 AT THE COURTHOUSE Item # 16K2 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $356,305 FOR PARCELS 134 AND 135 IN THE LAWSUIT STYLED COLLIER COUNTY V. RONEN GRAZIANI, ET AL., CASE NO. 06-0548-CA (SANTA BARBARA BOULEVARD PROJECT, NO. 62081). (FISCAL IMPACT $222,772.60) (THIS IS A COMPANION ITEM TO PARCEL 136, ITEM #16K3) - FOR .599 ACRES NEEDED FOR ROAD RIGHT-OF-WAY PURPOSES Item #16K3 Page 283 February 10, 2009 A STIPULATED FINAL JUDGMENT FOR PARCEL 136 IN THE LAWSUIT STYLED COLLIER COUNTY V. RONEN GRAZIANI, ET AL., CASE NO. 06-548-CA AND PURCHASING THE REMAINDER PROPERTY LOCATED ON SANTA BARBARA BOULEVARD AS PART OF THE OUTSTANDING EMINENT DOMAIN LITIGATION SETTLEMENT. PROJECT NO. 62081. (FISCAL IMPACT: $637,780). (THIS IS A COMPANION ITEM TO PARCELS 134 AND 135, ITEM #16K2) - LOCATED AT THE SOUTHWEST CORNER OF SANTA BARBARA BOULEVARD AND PAINTED LEAF LANE Item #16K4 - Moved to Item #12A Item # 1 7 A ORDINANCE 2009-02: DISSOLVING FOURTEEN (14) INACTIVE TAXING AUTHORITIES WHICH ARE CURRENTLY FOUND ON THE PROPERTY APPRAISERS AD VALOREM PROPERTY TAX ROLL - TO REDUCE THE VOLUME OF PAPERWORK INVOLVED ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:44 p.m. Page 284 February 10,2009 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL D TRICTS UNDER ITS CONTROL ~ d4.4 DONNA ALA, Chairman ATTEST DWIGHT E. BROCK, CLERK tj~'r-fi~l.{v~ .'/ ttttt ai, toC1\l ~ I ,i.,..tIN 0/11'. . \.' These minutes approved by the Board on 11la~ c1) IQ2/l1, as presented 1/ or as corrected ' TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 285