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BCC Minutes 03/10/2009 R March 10, 2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 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 Jeffrey A. Klatzkow, County Attorney Sue Filson, Executive Manager to the BCC Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 10, 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." March 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 T AMIAMI 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 t :00 P.M. t. 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. February 10,2009 - BCC/Regular Meeting C. February 13,2009 - Value Adjustment Board Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - 5 Years 1) Councilman John F. Sorey, Ill, Tourist Development Council and Collier County Coastal Advisory Committee B. 10 Years 1) Thomas Masters, Development Services Advisory Committee March 10, 2009 Page 2 4. PROCLAMATIONS A. Proclamation designating March 15 - 21, 2009 as Florida Surveyors Week. To be accepted by Marcus L. Berman, P.S.M. Project Manager/Senior Associate, Wilson Miller, Inc. B. Proclamation recognizing Spay Day USA 2009. To be accepted by Dr. Ruth Eisele, DAS Advisory Committee Member. C. Proclamation recognizing March 10, 2009 as A Day of Heightened Awareness of Wildfire Danger in Collier County. To be accepted by Dan Summers, Peter Gaddy, Jim Flanagan, Peggy Whitbeck, Michael Ramsey, Tim Nance, Michael Weston, Chief Rita Greenberg, Chief Bob Metzger, Hank Graham and Keith Watchey. 5. PRESENTATIONS A. The Phoenix is a mythological bird that died and rose renewed from its ashes. The Collier County Emergency Medical Services Department has adopted the PHOENIX A WARD to recognize those EMS Paramedics, EMTs, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. B. Presentation of a Donation in the amount of $1 ,000.00 from the Disabled Veterans Foundation to the Collier County Veterans Council (to be presented by Bobby Brooks, Operations Manager for Disabled Veterans Foundation; to be accepted by Jim Elson, President of the Collier County Veterans Council). C. Presentation of the advisory committee outstanding member award for February 2009 to Marco A. Espinar. D. Recommendation to recognize Cristina Perez, Senior Investigator, Code Enforcement, as Employee of the Month for February 2009. 6. PUBLIC PETITIONS A. Public petition request by Rick Johnson to discuss left hand turn onto Dudley from Whippoorwill Lane. March 10, 2009 Page 3 B. Public petition request by Dr. James Odom to discuss closure of Dudley Road and resulting hardship to Seagate Baptist Church and school. C. Public petition request by Doug Smylie to discuss extension of sidewalk from Timberwood to World Tennis Center (Airport Road). D. Public petition request by Gregory Boron to discuss sponsorship of West Point License Plates. E. Public petition request by John Barlow to discuss process to rehab foreclosures for affordable housing. 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 reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. ADA-2007-AR-12312, S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal regarding the decision of the Lot Line Adjustment for property located on Lot 28 in the Olde Cypress PUD, application number LLA-2007-AR-12140. The applicant is appealing the decision pursuant to Section No. 250-58 of the Collier County Codes of Laws and Ordinances. B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. ADA-2007-AR-123l3, S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal pursuant to the issuance of the staff clarification number SC-07-02 pursuant to Section No. 250-58 of the Collier County Code of Laws and Ordinances. The applicant is requesting an Administrative Appeal regarding the staff clarification regarding the measurement of a front yard setback requirement on a cul-de- sac Lot for property located on Lot 28 in the Olde Cypress PUD. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS March 10, 2009 Page 4 A. Appointment of members to the Pelican Bay Services Division Board. B. Appointment of members to the County Government Productivity Committee. Pursuant to Board direction on February 24, 2009, this item is continued pending amendment of Ordinance 2001-55. C. Appointment of member to the Black Affairs Advisory Board. D. Appointment of member to the Contractors Licensing Board. E. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2008 in accordance with Ordinance No. 2001-55. Committees include: Bayshore Beautification MSTU Advisory Committee; Lely Golf Estates Beautification Advisory Committee; Radio Road Beautification Advisory Committee; Vanderbilt Beach Beautification MSTU Advisory Committee; and Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Mike Sheffield, Assistant to the County Manager) B. Recommendation to approve the financing and expenditure for the purchase and renovation of the Naples Lodge 2010 Benevolent and Protective Order of the Elks of the USA, Inc., at a cost not to exceed $4,618,891. (Jim Mudd, County Manager and Skip Camp, Facilities Management Director) C. Recommendation that the Board of County Commissioners direct the County Manager or his designee to advertise and return for the Board of County Commissioners' consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle for hire operator license, establishing penalties for non-compliance, removing industry protectionism, and thereby condensing the Public Vehicle For Hire Ordinance provisions, consistent with the Board of County Commissioners' direction. (James French, Operations Manager, CDES Operations) March 10, 2009 Page 5 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners provides direction whether to amend Ordinance No. 01-55 (the Advisory Board Ordinance) with respect to term limits. The Ordinance presently limits an advisory board member to two terms, absent unanimous Board approval for an additional term. 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2008. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Trail Ridge. 2) A Resolution of the Collier County Board of County Commissioners designating 5,868.7 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCIIBCP SSA 10 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCIIBCP SSA 10, and Stewardship Easement Agreement for BCIIBCP SSA 10; approving a Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10; approving a Stewardship Easement March 10,2009 Page 6 Agreement for BCI/BCP SSA 10; approving an Escrow Agreement for BCI/BCP SSA 10; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. 3) Approval of A ward of Contract #08-5090 to Rhodes, Tucker & Garretson for Special Magistrate Services for Collier County Code Enforcement Department in the approximate amount of $80,000 per year. 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Phase Three East, Unit One with the roadway and drainage improvements being privately maintained. 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Phase Three East, Unit Two with the roadway and drainage improvements being privately maintained. 6) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay Apartments Phase II due to the impact fees being paid in full in accordance with the Multi-family Rental Impact Fee Deferral Program, as set forth by Section 74-401(e) and 74-401 (g) (5) of the Collier County Code of Laws and Ordinances. 7) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multi-Family (Rental) Affordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I, consistent with the Boards direction pertaining to remedies for past due and expiring impact fee deferrals. 8) Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.030, AR 12838, to Rinker Materials of Florida, Inc. and Barron Collier Companies. for the project known as Hogan Island Quarry C.U. The project consists of 967.65 acres, more or less, sitting in Sections 9, 10, 15, 16,21,22 of March 10, 2009 Page 7 Township 47, South, Range 28 East, Collier County, Florida, more particularly sitting about 0.75 miles north of where Oil Well Grade intersects Immokalee Road. 9) Kenny Mateja of Tropiclean Gas and Auto Spa requests a Temporary Use Permit in accordance with the provisions of the Land Development Code (LDC) for seven consecutive weekends (Friday and Saturday) at 9995 East Tamiami Trail, Section 20, Township 50 South, Range 26, for a sum total fourteen day time limit that is allowed by the LDC during the 2009 calendar year to display a carwash promotional banner for his business, and to allow the applicant to pay a one time two hundred dollar fee to encompass the entire requested length of time. 10) Recommendation that the Board of County Commissioners (Board) approve Contract #08-5122 with Post, Buckley, Schuh & Jernigan for a Phase 1 cost of $575,736.95 to update the Big Cypress Basin regional hydrologic model and begin the development of Watershed Management Plans required by the Growth Management Plan. B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Cancellation of Agreement due to road segment already being adopted. 2) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $] 50.00. 3) Recommendation to approve a Work Order for a construction project to AP AC-Southeast, Inc. for the Goodlette-Frank Road (C.R. 851) Intersection Improvements at Creekside Boulevard in the amount of $219,414.35, Contract No. 08-5045, Project No. 66065. 4) Recommendation to accept the partial apportionment of the Federal Transit Administration (FTA) FY 2009 Section 5307 grant in the amount of $90 1,448.00. March 10,2009 Page 8 5) Recommendation that the Board of County Commissioners award the Fiscal Year 2009 Landscape Beautification Master Plan capital projects (Bid #09-5190): Immokalee Road Phase II & III (1-75 to 951), Rattlesnake Hammock (Polly to C.R. 951) and Vanderbilt Beach Road Phase I & II (Airport to C.R. 951) to Hannula Landscaping and Irrigation, Inc. in the amount of $1 ,786,039.23 with $13,960.77 contingency for a total of $1 ,800,000. 6) Authorization to apply for Federal Transit Administration funds under Title 49 U.S.C. 5307 pertaining to the American Recovery and Reinvestments Act (ARRA) and to accept the grant if awarded. 7) Recommendation to terminate the amended and restated US41 Developers Consortium (Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4408, Page 2880. (CTS). C. PUBLIC UTILITIES 1) Recommendation to award Agreement #08-5125 to Southwest Direct, to outsource the printing and mailing of Collier County Water-Sewer District utility bills, at an estimated annual amount not to exceed $100,000. 2) Recommendation that the Board of County Commissioners (Board) approve Resolution, Payment Plan Agreement and Lien Agreement between Tamiami Square of Naples, LLC (Developer) and Collier County Water-Sewer District consistent with the Boards February 24, 2009 adjudication that Developer owes $120,904 as alternative water and wastewater impact fees for Building 300. D. PUBLIC SERVICES 1) Recommendation for the Board of County Commissioners to accept funding from the 4-H Foundation Clubs, Inc. in the amount of $50,881.00 for the 4-H Outreach Program managed by the Collier County University of FloridalIFAS Extension Department and approve a budget amendment in the amount of $26,481.00. 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign and forward to the State of March 10, 2009 Page 9 Florida Legislature a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions. 3) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission (FWC) Division of Marine Fisheries Management, Artificial Reef Construction Grant Application for the Coastal Zone Management Department in the amount of $60,000. 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Amendment to the David Lawrence Mental Health Center Agreement approved on November 18,2008, Item #16D9. This Amendment will increase the dollar amount awarded to the David Lawrence Center as approved by the Board of County Commissioners on November 18,2008 Agenda Item # 101. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the attached letter of support for Esperanza Place Phase One, a forty eight (48) unit multi-family affordable housing project being developed by Florida Non-Profit Services, Inc. E. ADMINISTRATIVE SERVICES 1) Recommendation to adopt resolution of support to amend the Consultants' Competitive Negotiation Act (CCNA). 2) Recommendation that the Board waive competition and approves an amendment to the current contract with Vocatus Medical Management Services to open a North MedCenter location, and establish fees for V ocatus for the renewal period. 3) To sell or donate County surplus property that is no longer of use to County departments and obtain revenue for the County. 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. March 10, 2009 Page 10 5) Recommendation to authorize the conveyance of a Revocable Temporary License to the Lee County Electric Cooperative, Inc. for the installation of electric facilities to provide electric service for the Marco Island Historical Museum which is located at 1264 Mistletoe Court, Marco Island, Florida, at a cost not to exceed $60.00. F. COUNTY MANAGER 1) Approve the necessary budget amendment from the Ochopee Fire Control District reserves in the amount of $120,000 for the purpose of renovating Port of the Islands Marina to be used as a Fire Station. 2) Recommendation that the Board of County Commissioners approve a budget amendment for the Ochopee Fire Control District in the amount of$28,860 for Architectural Services regarding the renovation of the Port of the Islands Marina into a Fire Station. 3) Recommendation that the Board of County Commissioners, approves and authorizes the Chairman to sign the submittal ofa Volunteer Fire Assistance grant application in the amount of $1 0,500 to the Florida Division of Forestry for the purpose of refurbishing two 1994 6X6 five ton vehicles. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 5) Recommendation to approve a Resolution of the Board of County Commissioners ofColJier County, Florida, in support of House Bill 691 Relating to State Oversight of Utility Services Provided by Intergovemmental Authorities filed by State Representative Matt Hudson and the companion Senate Bill 1192 Relating to Utility Services/Oversight/Intergovernmental Authorities by State Senator Garrett Richter. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Request that the Board of County Commissioners amend the application approval section of the Immokalee Community March 10,2009 Page 11 Redevelopment Agency Commercial Facade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended reference by deleting the reference to the Executive Directors ability to approve or deny facade grants in the amount of $1 0,000 or less; and by providing for an effective date. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on February 19,2009 at Carrabba's in Naples, FL. $16.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Florida Association of Counties 2009 Legislative Day on March 25, 2009 in Tallahassee, FL. $110.00 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. Will attend the Fifth Annual Honor the Free Press Day on March 18, 2009 at the Hilton in Naples, FL. $30.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended An Evening with Clyde Butcher on March 5, 2009 at the Rookery Bay Auditorium in Naples, FL. $20.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Chabad of Naples 5th Anniversary Celebration on March 22, 2009 at the Naples Beach Hotel and Country Club in Naples, FL. $150.00 to be paid from Commissioner Fiala's travel March 10, 2009 Page 12 budget. 6) Commissioner Henning requests Board approval for reimbursement to attend a function serving a Valid Public Purpose. He will be attending the Chabad of Naples 5th Anniversary Celebration on March 22, 2009 at 6:00 p.m. at the Naples Beach Hotel and Country Club in Naples, Florida. $150.00 to be paid from Commissioner Henning'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 February 14, 2009 through February 20, 2009 and for submission into the official records of the Board. 2) Recommendation that the Board of County Commissioners of Collier County approve a Interlocal Agreement for Election Services pertaining to services and voting equipment used by the Golden Gate Fire Control and Rescue District in connection with a special election to be held on May 12,2009. 3) To obtain Board approval for disbursements for the period of February 21,2009 through February 27, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners authorizes staff to proceed with advertising a proposed Ordinance amending Ordinance No. 2007-74, the Collier County Convenience Business Security Ordinance. 2) Recommendation to approve settlement in the lawsuit entitled Collier County, Florida vs. Botner Land Design, Inc., et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case March 10, 2009 Page 13 No. 02-l923-CA for $99,500.00. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPRO V AL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2009-0 I, which created the Collier County Emergency Medical Services Policy Advisory Board, in order to clarify certain qualifications for appointment and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best -qualified candidate( s). B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2008-AR-13661, Center Point Community Church, represented by Matthew McLean, P.E., of Agnoli, Barber and Brundage and Doug Lewis, Esq., of Roetzel and Andress, is requesting a Conditional Use in the Estates (E) Zoning District for a youth ministry sanctuary with supporting offices and youth member social activities relating to the existing religious facility, as specified in Section 2.03.01.B.l.c.l of the Collier County Land Development Code (LDC). The 4.58-acre subject property is located in Tract 85, Golden Gate Estates, Unit 29, in Section 30, Township 49 South, Range 26 East, Collier County, Florida. CTS C. Recommendation that the Board of County Commissioners approve to revise 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 Boards prior direction as March 10, 2009 Page 14 reflected on the attached proposed amended ordinance. D. The approval of this item needs to be done with a Super Maiority vote. Recommendation that the Board of County Commissioners adopt an Ordinance amending 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 impact fee study entitled the Collier County Transportation Impact Fee Update Study dated February 19,2009; amending the road impact fee rate schedule that is Schedule One of Appendix A by incorporating the findings of the study and thereby establishing the new impact fee rates; deleting obsolete provisions referring to Director of Financial Administration and Housing and the Educational Impact Fee Trust Fund; providing clarification to the four year timeframe to request an impact fee reimbursement by removing obsolete language; amending the special requirements for road impact fees to reflect the new provisions, allowing for payment over five years, to obtain or extend a Certificate of Adequate Public Facilities; directing the County Manager, or his designee, and the County Attorney to amend the Collier County Land Development Code for consistency with the provisions related to the Certificate of Adequate Public Facilities and to update the Collier County Administration Procedures Manual for the Collier County Consolidated Impact Fee Ordinance to reflect the new and amended provisions related to impact fees; and providing for a delayed effective date of June 8, 2009 in accordance with the 90- day notice period required by Section 163.3180 I (3)(d), Florida Statutes. E. Petition ST-2008-AR-13958, WilsonMiller, Inc., representing North Naples Fire Control District, requesting a Special Treatment development permit to construct a two-story 12,952 square-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in section 13, township 48 south, range 25 east, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. March 10,2009 Page 15 March 10, 2009 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. CHAIRMAN FIALA: Good morning, everyone. THE AUDIENCE: Good morning. CHAIRMAN FIALA: Oh, it's great to see all of you here. Everybody looks so amazing, and you're our heros, and we're going to be celebrating you today. I'm just so glad that you could all be with us. Now, would everyone please rise with me, and we'll hear the prayer. Jim Mudd, are you going to be saying the prayer today? MR. MUDD: Unless I can find a pastor or a reverend or -- in this crowd. Does anyone fit that bill. Not -- Mr. Lytle, you can please sit down. COMMISSIONER COLETTA: He's a preacher, not a prayer. MR. MUDD: Let us pray. Oh Heavenly Father, we ask your blessings in these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, amen. CHAIRMAN FIALA: And now, would you say the pledge with Commissioner Halas. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Okay, Mr. Mudd. Item #2A Page 2 March 10,2009 TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W /CHANGES MR. MUDD: Madam Chair, Commissioners, agenda changes, Board of County Commissioners' meeting, March 10,2009. First item is to move Item l6A2 to 17G. It's a resolution of Collier County Board of County Commissioners designating 5,868.7 acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as the Barron Collier Investments/Barron Collier Partnership SSA 10, pursuant to the terms set forth in the escrow agreement, Stewardship Sending Area Credit Agreement for this Barron Collier Partnership SSA 10 and Stewardship Easement Agreement for SSA 10; approving a Stewardship Sending Area Credit Agreement for the Barron Collier Partnership SSA 10; approving a Stewardship Easement Agreement for the Barron Collier Partnership SSA 10; approving an Escrow Agreement for SSA 10; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. Also, replacement pages for Exhibit F, pages 184 and 185, have been distributed and made available for review prior to this meeting. The next item is Item 16A8. 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. That clarification's at staffs request. The next item is 16A9, basically follows in the same vein. 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. Next item is to withdraw item 16Fl. Approve the necessary budget amendment from the Ochopee Fire Control District reserves in the amount of$120,000 for the purpose of renovating the Port of the Page 3 March 10, 2009 Isles Marina to be used as a fire station. That item is being withdrawn at staffs request. The next item is to move Item 16G 1 to l7F. Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Facade Improvement Grant Program Policies and Procedures Document identified in and adopted by Section 4 of ordinance number 08-40 to correct a scrivener's error due to the inclusion of an unintended reference by deleting the reference to the executive director's ability to approve or deny facade grants in the amount of $10,000 or less; and providing for an effective date. That clarification's at staffs request. The next item is Item 171, to move to 16A11 and should read as follows. 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. Petition ST-2008-AR-13958 WilsonMiller Inc., requesting North Naples Fire Control District requesting a Special Treatment Development Permit to construct a two-story, 12,952-square-foot fire station with associated parking utilities and surface water management system on 3.4 acres zoned agricultural with a Special Treatment Overlay in Section 13, Township 48 south, Range 25 east, Collier County, Florida. That item is moved at staffs request. The next item is an add-on item, which is 17H, and it's continued to March 24,2009, BCC meeting. It was an ordinance establishing authorization and procedures for the Collier County Voluntary Separation Incentive Program, VSIP; providing for a title; providing for a statement of intended purposes; providing for incentive pay and implementing resolution; providing for payments; providing for a conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date. That item is at staffs request. Page 4 March 10, 2009 Commissioners, you have two time-certain items today. The first is Item 13A, and it's to be heard at 10 a.m. It's a presentation on the Comprehensive Annual Financial Report for fiscal year ending September 30, 2008. The next time-certain item is Item lOA, to be heard at 11 a.m., to review the written and oral reports of the advisory boards and committees scheduled for review in 2008 in accordance with ordinance number 2001-55. Committees include: The Bayshore Beautification MSTU Advisory Committee; the Lely Golf Estates Beautification Advisory Committee; and the Radio Road Beautification Advisory Committee; and the Vanderbilt Beach Beautification MSTU Advisory Committee; and the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. That's all I have, Madam Chair, Commissioners. CHAIRMAN FIALA: Thank you. And County Attorney, do you have anything for us? MR. KLATZKOW: No, ma'am. CHAIRMAN FIALA: Okay, fine. And now we will declare our ex parte. We'll start with Commissioner Coyle. COMMISSIONER COYLE: Madam Chair, I have no disclosures for the consent agenda or the summary agenda. With respect to our agenda itself, I would like to ask that Item 17 A be moved to 12B. CHAIRMAN FIALA: Okay, thank you. And Commissioner Halas? COMMISSIONER HALAS: Yes, good morning, Chair. I have nothing to declare on the summary agenda nor the consent agenda, and I have nothing else to pull from today's agenda. So I'm happy with it. CHAIRMAN FIALA: That makes it easy. Commissioner Coletta? Page 5 March 10, 2009 COMMISSIONER COLETTA: Yes, thank you. I -- let's see. On the consent agenda, 8A, I had meetings and correspondence, I met with Bob Mulhere on 7/21, and CDES staff on 2/16. Article in the Golden Gate Civic Association Newsletter; and I read that and I talked to staff about it. Other than that, I have nothing else. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Good morning. The -- I did talk to the county manager on 17G. 17H, I never got a copy of it, but we're going to talk about that at our next meeting. So that's all I have. I have no changes either. CHAIRMAN FIALA: Okay. Yes, sir? MR. MUDD: Ma'am, the request by Commissioner Coyle to take 17 A and take it to l2B. Sir, it has to be 8A because it's an advertised item. COMMISSIONER COYLE: It can't be in the county attorney's section? MR. MUDD: It should go-- COMMISSIONER COYLE: It's a county attorney issue. MR. MUDD: It should go under the advertised hearings, sir. You can -- you can -- I'm just putting it there for the agenda for 8A. If you want to hear that when the county attorney does his piece, then -- COMMISSIONER COYLE: That's what I want to do. This should be heard after 12A, okay. So if -- any way you want to arrange it, it's fine with me. MR. MUDD: We'll put it -- we'll move it to the advertised hearings section, which will be 8A, and it will be heard following 12A. COMMISSIONER COYLE: That's good. Thank you. CHAIRMAN FIALA: You'll just have to lead us through one, Mr. Mudd. Page 6 March 10, 2009 MR. MUDD: Yes, ma'am. We'll work through that. CHAIRMAN FIALA: Okay. Then as far as ex parte for myself, on Item A8, I met with Bob Mulhere; on Item A9, I received and responded to a letter from Kenneth Mateja. I'm sure in -- I'm sure I slaughtered his name, but anyway, regarding his business, and I also spoke to staff. And then on the summary agenda, I have no disclosures. Okay. And we do have some speakers on this; do we not? MS. FILSON: Yes, ma'am, I have two speakers on 16B7; the first one is Rich Y ovanovich. He'll be followed by Dwight Nadeau. MR. YOV ANOVICH: Good morning, and thanks for letting me speak on the consent agenda. The item I want to speak to is the termination of the DCA for the improvements to the intersection of Collier Boulevard and u.s. 41. We understand the need for the termination because, you know, since we entered into that amendment, the residential market has further declined and several of the participants, mainly the residential developers, were not able to post the required security. So we understand the first step of needing to terminate the Developer Contribution Agreement; however, there are five participants of the original DCA that are able to continue to move forward and have projects that are ready to go and totals the sum of $8.2 million, and that would be enough to do all of the engineering design as well as acquire all of the necessary right-of-way for the ultimate improvements to that intersection. And it would -- in particular -- I'll just go over one of the projects, but it's Lowe's. It's been advertised to be out there for many, many years now, and their project alone would be construction in the amount of, you know, 15- to $17 million. It would create 120 construction jobs. When they're done, there would be 80 full-time jobs created and 20 part-time jobs created. The permit's ready to go. Their money is Page 7 March 10, 2009 ready to go towards another DCA. So what we're requesting is that the county allow another DCA to come forward on April 14th. That's a critical date to keep Lowe's interested in this site. They've hung in there for a long time, and the other developers too. What we're not asking for is another opportunity to post money. We will have the money in our hand ready to become effective the date that the board approves the agreement, which would hopefully be April 14th. So we won't be in another situation where we're asking you to give us another 30 days to post the money. We have the money from those other five participants, and we're just simply asking that you allow your transportation staff to continue to work with us on another DCA, which will benefit the overall intersection improvements and the county in this -- in these economics times. Since they're ready to go and they're ready to spend some money in Collier County, we would think that's a good thing. CHAIRMAN FIALA: Thank you. Did you have any concerns there, County Attorney? MR. KLATZKOW: I understand you need this April 14th? MR. YOV ANOVICH: Yes, sir. MR. KLATZKOW: All right. I'd like to come back to the board then on March 24th with some policy direction. There are some concurrency issues that the board's going to have to make a policy issue on. This project originally was for a construction project that would have taken care of the concurrency. Now we're talking about just designing and engineering and some right-of-way, so there's going to be a policy decision for the board to make before we go further. And this might require more than just DCA. It might require something like a prop. share agreement, for example, if the board's going to want to do this. CHAIRMAN FIALA: This won't hold the project up though, right? Page 8 March 10, 2009 MR. YOV ANOVICH: We'll do whatever -- MR. KLATZKOW: It will be board direction, ma'am. CHAIRMAN FIALA: Okay, great. Okay. MS. FILSON: Your next speaker's Dwight Nadeau. CHAIRMAN FIALA: Oh, Commissioner Coyle? I'm sorry. COMMISSIONER COYLE: Yes. I was going to raise the concurrency issue, Mr. Y ovanovich. Do you believe that you can solve the concurrency problem with the funding that you have available? MR. YOV ANOVICH: We do, and we believe that the concurrency problem anticipated certain growth in the residential market in actual permits being pulled that I don't think have anywhere come near the anticipated. And I think, whatever the issue is, it's a paper issue and not a real-life issue. So we need to work through those issues but, yes, we think we can solve those. COMMISSIONER COYLE: Okay. Well, I would just encourage that Mr. Y ovanovich get together with staff to deal with that issue, because that is going to be the biggest stumbling block -- MR. YOV ANOVICH: Sure. COMMISSIONER COYLE: -- in developing another contribution agreement. MR. YOV ANOVICH: And we have started discussions with staff, but staff wanted to make sure this was something that the board would -- if we can get over those issues -- look favorably on. They didn't want to waste time working with us. COMMISSIONER COYLE: Okay, good. I would be in favor of giving direction to staff to continue working on this issue with a deadline in early April to bring it back to us. MR. YOV ANOVICH: Okay. COMMISSIONER COYLE: And -- but concurrency is going to be a very, very important issue. MR. YOV ANOVICH: We understand. Page 9 March 10, 2009 CHAIRMAN FIALA: Should we put that in the form of a motion, County Attorney? MR. KLATZKOW: No. I'm coming back on the next meeting, and I'm going to be asking for board recommendation, because I think there are a couple ways the board can go. So this is not going to be your typical DCA. I'm going to need policy direction from the board. That will give me then enough time to prepare the necessary documentation for April 14th. CHAIRMAN FIALA: Good, great. Thank you. MR. YOV ANOVICH: Thank you. CHAIRMAN FIALA: Next speaker? MS. FILSON: Your next speaker is Dwight Nadeau. MR. NADEAU: Madam Chair, Commissioners, good morning. For the record, my name's Dwight Nadeau. I'm planning manager for RW A. I'm representing one of the five members of the DCA that Rich just explained to you. I'm here to support the request for a new DCA to come through. I also represent the landowners of a potential pond site that transportation wants to purchase for right-of-way needs. And we have -- I'm representing willing sellers, and we just received documentation from the Florida Department of Environmental Protection that the site is virtually clean now from any petroleum product contamination of the soils. So the site is remediated and should be nice and clean for the county to use. Thank you very much. CHAIRMAN FIALA: Thank you very much. And for our audience members, the DCA that they keep talking about, it's Developer Contribution Agreement, just so you all know what that means. I'm sorry. COMMISSIONER HENNING: Is there any more speakers on the agenda? CHAIRMAN FIALA: I don't know. I don't think so. There Page 10 March 10, 2009 were just two. Do you want to make a motion? COMMISSIONER HENNING: Make a motion to approve the agenda as amended. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning, 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 HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. Page 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 10. 2009 Move 16A2 to 17G: A Resolution of the Collier County Board of County Commissioners designating 5,868.7 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCI/BCP SSA 10 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCI-BCP SSA 10, and Stewardship Easement Agreement for BClfBCP SSA 10; approving a Stewardship Sending Area Credit Agreement for BClfBCP SSA 10; approving a Stewardship Easement Agreement for BCIfBCP SSA 10; approving an Escrow Agreement for BClfBCP SSA 10; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. Also: Replacement pages for Exhibit F, Pages 184 and 185 have been distributed and made available for review. (Staff's request.) Item 16A8: "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." (Staff's request.) Item 16A9: "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." (Staff's request.) Withdraw Item 16F1: Approve the necessary budget amendment from the Ochopee Fire Control District reserves in the amount of $120,000 for the purpose of renovating Port of the Islands Marina to be used as a Fire Station. (Staff's request.) Move Item 16G1 to 17F: Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Fac;ade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended reference by deleting the reference to the Executive Directors ability to approve or deny fac;ade grants in the amount of $10,000 or less; and by providing for an effective date. (Staff's request.) Move Item 17E to 16A11 and it should read as follows: "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. Petition ST-2008-AR-13958, Wilson Miller, Inc., representing North Naples Fire Control District, requesting a Special Treatment development permit to construct a two-story 12,952 square-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in section 13, township 48 south, range 25 east, Collier County, Florida." (Staff's request.) Add On Item 17H and is continued to the March 24. 2009 BCC meetin!!: An Ordinance establishing authorization and procedures for the Collier County Voluntary Separation Incentive Program ("VSIP"); providing for a title; providing for a statement of intent and purpose; providing for incentive pay and implementing resolution; providing for payments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing an effective date. (Staff's request.) Time Certain Items: Item 10A to be heard at11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2008 in accordance with Ordinance No. 2001-55. Committees include: Bayshore Beautification MSTU Advisory Committee; Lely Golf Estates Beautification Advisory Committee; Radio Road Beautification Advisory Committee; Vanderbilt Beach Beautification MSTU Advisory Committee; and BayshorefGateway Triangle Local Redevelopment Advisory Board. Item 13A to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2008. 3/10/20098:49 AM March 10, 2009 Item #2B and #2C MINUTES FROM FEBRUARY 10,2009 - BCC/REGULAR MEETING AND FEBRUARY 13, 2009 ~ VALUE ADJUSTMENT BOARD MEETING - APPROVED AS PRESENTED COMMISSIONER HENNING: Madam Chair, I make a motion that we approve the February 10,2009, BCC regular meeting and February 13,2009, Value Adjustment Board meeting. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a second by Commissioner Halas. 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 #3A and #3B ADVISORY COMMITTEE SERVICE AWARDS - PRESENTED CHAIRMAN FIALA: And we move on to the fun part, the service awards. MR. MUDD: Commissioner, that brings us to 3A, advisory committee service awards. The first awardee is Councilman John F. Sorey, III, for his participation in the Tourist Development Council, Collier County -- and Collier County Coastal Advisory Committee. Page 12 March 10, 2009 MS. FILSON: Mr. Mudd, I think I put a note on there indicating he was out of town on family business; sorry. MR. MUDD: Rescheduled for 3/24. The next awardee for advisory boards is Thomas Masters, and he's spent ten years on the Development Services Advisory Committee. (Applause.) COMMISSIONER COYLE: Congratulations. Thank you for your servIce. COMMISSIONER HALAS: Thank you for your service. CHAIRMAN FIALA: Nice to see you. COMMISSIONER COLETTA: Thank you for your service. (Applause.) Item #4A PROCLAMATION DESIGNATING MARCH 15 - 21, 2009 AS FLORIDA SURVEYORS WEEK. ACCEPTED BY MARCUS L. BERMAN, P.S.M. PROJECT MANAGER/SENIOR ASSOCIATE, WILSONMILLER, INC - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations. The first proclamation is designating March 15th through the 21 st, 2009, as Florida Surveyors Week, to be accepted by Marcus L. Berman, P.S.M., Project Manager/Senior Associates for WilsonMiller, Inc. CHAIRMAN FIALA: And then, Mr. Mudd, do you think we could move Item 5A after this one, because we have a lot of audience members here that aren't -- MR. MUDD: Yes, ma'am, we could do that. CHAIRMAN FIALA: Thank you, okay. COMMISSIONER HALAS: Mr. Marcus here? Oh. Gives me Page 13 March 10, 2009 great pleasure to read this proclamation. Any other surveyors that may be in the crowd, please step forward. Whereas, land surveyors are counted among the founding leaders of our country and were instrumental in the formation of the layout of the property boundaries of the United States, which has provided our citizens the enjoyment of property ownership; and, Whereas, George Washington, Thomas Jefferson and other former presidents of the United States served their fellow colonists as surveyors; and, Whereas, the citizens of Florida recognize the value -- valuable contributions of the surveying profession to history, development, and the quality of life in Florida and the United States of America and make important decisions based on the knowledge and expertise of licensed surveyors and mappers; and, Whereas, the surveying profession provides special education, training, and the knowledge of mathematics and related physical and applied sciences and requirements of law of evidence; and, Whereas, surveyors are uniquely qualified and licensed to determine and describe land and water boundaries for management of natural resources and protection of private and public property rights; and, Whereas, the continued advancements of instrumentation have required the surveyors not only to be able to understand and implement the methods of the past, but also to learn and employ modern technology in finding solutions to meet the challenges of the future. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 15 through 21st, 2009, be designated as Florida Surveyors Week and recognize that the many contributions of the ongoing dedication of surveyors for the citizens of Florida and the United States. Done in this order this day -- 10th day of March, 2009, Board of Page 14 March 10, 2009 County Commissioners, Collier County, Florida, and Donna Fiala, our chairman. And Madam Chairman, I move that we approve this proclamation. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Halas to approve, 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? (Applause.) Item #5A THE PHOENIX IS A MYTHOLOGICAL BIRD THAT DIED AND ROSE RENEWED FROM ITS ASHES. THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT HAS ADOPTED THE PHOENIX AWARD TO RECOGNIZE THOSE EMS PARAMEDICS, EMTS, FIREFIGHTERS AND SHERIFFS DEPUTIES, WHO THROUGH THEIR SKILLS AND KNOWLEDGE, HA VE SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAD DIED - PRESENTED MR. MUDD: Commissioners, that brings us to presentations, 5A, and it is, indeed, a pleasure when we have a roomfull of heros, and I believe we have two survivors today, and you can help me with that, okay. First of all, Commissioners, the Phoenix is a mythological bird Page 15 March 10, 2009 that died and rose renewed from its ashes. Collier County's Emergency Medical Services Department has adopted the Phoenix Award to recognize those EMS paramedics, EMTs, firefighters, and sheriffs deputies who, through their skills and knowledge, have successfully brought back to life individuals who have died. MR. WILLIAMS: Commissioners, guests, we're honored to present this award to the following people. And if we will, we'll hold our applause till everyone's been called up, because we have a large group. From Collier County Sheriffs Office, Deputy Eric Flater, Deputy Robert Palmer, Sergeant Jason Bence, Deputy Mark Long, Deputy Reynald Kelly, Deputy Mike Craig, and Corporal Josh White. From Big Corkscrew Island Fire Department, EMT Fred Lehman and EMT Albert Heasley. From East Naples Fire Department, Lieutenant Terry Anderson, Firefighter Mike McNally, Paramedic Jose Santana, Engineer/Paramedic Jarrett Cotter, Driver/Engineer Matt Nixon, Lieutenant Scott Hogan, Paramedic Anthony McGee, and Lieutenant Todd Nugent. Did I miss anybody from East Naples? I know there were some latecomers. From North Naples Fire Department, Ted Vath, Firefighter/EMT Chris Perry, Firefighter/EMT Brian Torres, Driver/Engineer Shawn Stromdahl, Firefighter/Paramedic Larry Oakum. From Golden Gate Fire Department, Driver/Engineer Darrel Sapp, Driver/Engineer Kevin Schoch, and Firefighter Kenny Moyer. From the City of Naples Police and Fire, Paramedic Joe Fetzer, Firefighter David LaRochelle, Firefighter/EMT Jason Toreky, Firefighter Greg Bruner, and Police Officer Benjamin Vasquez. And from Collier County EMS, Lieutenant Jackie Lockerby, Paramedic Tim Rudzitis, Paramedic John Beckman, Lieutenant Brandy Clere, Lieutenant James Schnering, Lieutenant Paul Passaretti, Lieutenant Sam Poole, EMT Dave Mennini, Paramedic Brandon Page 16 March 10, 2009 Rivera, EMT Jack Najjar, Lieutenant Isabelle Favier, Lieutenant Valerie Thorsen, EMT Jon Maguire, EMT Holly Murphy, Lieutenant Mike Sullivan, Lieutenant Jennifer Palermo, Paramedic Becky Wilson, Lieutenant Anthony Maro, Paramedic Jose Martinez, Battalion Chief Bill Peplinski, and EMT Gabriel Acosta. I took roll earlier, but I knew there were some latecomers. I don't want to leave anybody out. Commissioners and County Manager, today we also have three special guests with us. First of all, we have Juan Flores who works for Waste Management. He's going to come up with me. And also he's bringing two friends with him, Rocky Freeland and Chuck W ollack. Would you all come up forward with me. Also, we have Andrew Delicio, and last but not least, we have Mark Walden. Mark is here representing his granddaughter who, at two years old, fell in a pool; and at the time when that happened, Officer Benjamin Vasquez from the City of Naples was off duty at that house, pulled the girl out of the pool, and without any of his normal equipment or first response equipment, pulled the girl out and started CPR until EMS got there, and today she is a thriving two- or three-year-old now, up and about in her terrible twos. Juan Flores works for Waste Management. While working at Waste Management, he had a massive heart attack and his two coworkers, Chuck and Rocky, started CPR till EMS got there. He was one of our first recipients in the county of an ice protocol where they cool the body to cool the brain to preserve it. Four days later he woke up, and he's back at work already. And Andrew Delicio had a massive heart attack while in a pool and was pulled out by three visitors to our county from England who started CPR until Golden Gate Fire Department and EMS got on scene, and he's here today. And if anyone of these three personnel would like to say a few words, we'd be more than welcome to hear them. Page 17 March 10, 2009 Andrew? MR. DELICIO: Andrew Delicio, and I'm the one that they saved. I wouldn't be here today if it wasn't for them. The EMS were very, very prompt, very, very professional, from what I -- I didn't know anything that was going on, but after the story was told, you know, that Tony Maro, Brendon Rivera, Jackie Lockerby, and Christian Dibiazie (phonetic), who was the Batallion Chief, and he was there and Sherry Wilson Watson. With that many people, I'm surprised they didn't compress my chest right to my back. But I'm a retired police officer. I was on for 27 years, and I worked with fire personnel very closely, and they got a heck of a job, I tell you. They do a very good job, as you can see. But anyway, I want to thank them all, and I really, really -- there's not enough words I could say. Thank you. (Applause.) MR. WALDEN: Hi. My name is Mark Walden. I am Megan Derocher's grandfather. And Officer Vasquez saved her life and brought her back. It's a very troubling experience, but his knowledge and wisdom and strength and courage to do what you've done brought my granddaughter back to me. God bless you. And all the rest of you who have done what you've done, this county needs you, this country needs you, keep up the good work, and thank you very much for your service also. (Applause.) MR. WILLIAMS: Commissioners, guests, I present to you today's heros. (Applause.) CHAIRMAN FIALA: Thank you all for all that you do for us. We really appreciate it. We've got 4B? MR. MUDD: Yeah, but 4C's got some chiefs and stuff. Page 18 March 10, 2009 CHAIRMAN FIALA: Okay. I don't understand why all ofthese people are leaving. We have such a wonderful meeting in front of them. They could stay. COMMISSIONER COYLE: They'll be asleep in 30 minutes. Item #4C PROCLAMATION RECOGNIZING MARCH 10, 2009 AS A DAY OF HEIGHTENED AWARENESS OF WILDFIRE DANGER IN COLLIER COUNTY. ACCEPTED BY DAN SUMMERS, PETER GADDY, JIM FLANAGAN, PEGGY WHITBECK, MICHAEL RAMSEY, TIM NANCE, MICHAEL WESTON, CHIEF RITA GREENBERG, CHIEF BOB METZGER, HANK GRAHAM AND KEITH W A TCHEY - ADOPTED MR. MUDD: Commissioners, that brings us to our next item, and if -- and we do have some of the chiefs here, and they'll be recognized and -- for this next effort. That bring us to 4C, which is a proclamation recognizing March 10,2009, as a Day of Heightened Awareness of Fire -- of Wildfire Danger in Collier County, to be accepted by Dan Summers, Peter Gaddy, Jim Flanagan, Peggy Whitbeck, Michael Ramsey, Tim Nance, Michael Weston, Chief Rita Greenberg, Chief Bob Metzger, Hank Graham, and Keith W atchey. If you could please come forward. COMMISSIONER COLETTA: And a little side note. Sincere appreciation of the Golden Gate Estates Civic Association for assisting this year. Every year we -- I assist in -- with the local fire chiefs in putting on a fire awareness day holding meetings to try to make the public aware of what's taking place and the great danger that they're facing. It's only through the educational efforts can our citizens be prepared for anything. Page 19 March 10, 2009 But the Golden Gate Civic Association stepped up this year and helped to organize the event, and for that, I'm deeply grateful, just as I'm as grateful for our emergency services that put on the event. Whereas, the Collier County Board of County Commissioners has been made aware of the potential drought conditions due to significant rainfall deficits; and, Whereas, widespread drought conditions in combination with abnormal cold and dry wintertime weather conditions can result in severe wildfire threats and outbreaks; and, Whereas, wildfires pose a serious threat to the life and property of the residents and the visitors of Collier County; and, Whereas, public safety agencies, the Division of Forestry, the members of the community want to assure that residents and visitors take responsibility to minimize the outbreak and spread of wildfires; and, Whereas, the public is requested to assist emergency responders by working to assure a defensible zone of 30 feet around their primary residence is cleared of brush and durbish so as to minimize the spread of fire to homes and businesses; and, Whereas, the public should help emergency vehicles proceed safely to the scene by yielding for their safe passage; and, Whereas, residents should ensure that their house numbers are clearly visible and access can only (sic) be made by emergency equipment to help protect their homes; and, Whereas, residents should be prepared for emergency situations, including evacuation if conditions become severe; and, Whereas, residents should monitor local television, radio, and their NOAA weather alert radios for emergency information during times of active wildfire events. Now, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that March 10,2009, be designated as a Day of Heightened Awareness of Wildfire Danger in Page 20 March 10, 2009 Collier County. Done and ordered this, the 10th day of March, 2009, and signed by our beloved chair, Donna Fiala, and I motion for approval. COMMISSIONER COYLE: 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: Thank you. (Applause.) CHAIRMAN FIALA: Boy, you're got a heavy season in front of you. We're all behind you, believe me. Mike, how you doing? Good to see you. COMMISSIONER COLETTA: We need to get a picture, and I need a couple people to hold proclamations. And this will be a picture for prosterity (sic). Did I say it right? CHAIRMAN FIALA: Posterity. COMMISSIONER COLETTA: Thank you. (Applause.) COMMISSIONER COLETTA: Now, is someone going to say a couple words? No, they're yours. Yeah, share them with whoever you think should have them. You can put them in a frame and display them on the wall. Is someone going to be saying a couple words? Good, Peggy. MS. WETBECK: Good evening or -- good evening? Good morning, Commissioners. My name is Peggy Wetbeck. I'm the President of the Golden Gate Estates Area Civic Association. We have a lot of problems in the Estates with fire, and we have a Page 21 March 10,2009 lot of work to do, and we're going to continue the efforts to make everybody aware that they need to have their homes and yards ready in case a fire does happen. Thank you very much. CHAIRMAN FIALA: Thank you. (Applause.) Item #4 B PROCLAMATION RECOGNIZING SPAY DAY USA 2009. ACCEPTED BY DR. RUTH EISELE, DAS ADVISORY COMMITTEE MEMBER - ADOPTED MR. MUDD: Commissioners, that brings us to our next proclamation, which is recognizing Spay Day, the United States of America 2009, to be accepted by Dr. Ruth Eisele, the DAS -- okay, Leo? Eisele, excuse me -- Dr. Ruth Eisele, the DAS adviser- -- the DAS Advisory Committee member. Dr. Eisele, could you please come forward. DR. EISELE: I'm bringing some of my friends. MR. MUDD: Wonderful. COMMISSIONER COYLE: Good. Whereas, pets provide companionship to more than 71 million households in the United States; and, Whereas, due to a lack of critical resources and public awareness, humane societies and animal shelters have to put down more than 4 million cats, dogs, and rabbits each year, many of whom are healthy and adoptable; and, Whereas, the tragic overpopulation of pets costs citizens and taxpayers of this country millions of dollars annually through animal services programs and at coping with the millions of homeless animals; and, Page 22 March 10, 2009 Whereas, spaying and neutering has been shown to dramatically reduce the overpopulation of pets, proving to be a wise investment in saving animal lives and taxpayer dollars; and, Whereas, local veterinarians, Collier County Domestic Animal Services, and private citizens work together to ensure the spaying of more -- or neutering of more than 120 pets in Collier County through February the 24th, 2009, Spay Day USA 2009. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that appreciation and gratitude is bestowed upon the following local veterinarians for their participation in Spay Day USA 2009: All Animals Clinic, Animal Life Veterinary Center, Big Cypress, Brown Veterinary Clinic, Cat Care Clinic of Naples, Crossroads Veterinary Clinic, East Side Animal Clinic, Gulfshore Animal Hospital, Harborside Animal Clinic, Humane Animal Clinic, Mission Hills Animal Clinic, Pebblebrook Veterinary, and Pine Gate Veterinary Clinic. Done and ordered this 10th day of March, 2009, Board of County Commissioners, Collier County, Florida, Donna Fiala, chairman. Madam Chair, I move that we accept this proclamation. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor 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: And what I'd like to do is see all of those other people in the audience from DAS come on up. Oh, don't be so shy. Come on. Let us get them all in here. (Applause.) Page 23 March 10, 2009 COMMISSIONER COYLE: Who's going to accept the proclamation? Dr. Eisele? And for an additional charge of $15, we'll autograph it for you. It's a budget year. (Applause.) CHAIRMAN FIALA: Would you like to say a few words? Would you like to say a few words? DR. EISELE: My name is Ruth Eisele. I'm a veterinarian at Harborside Animal Clinic and an advisory board member at Domestic Animal Services. On behalf of the veterinary community, I want to say that we enjoyed participating and Domestic Animal Services did a really nice job. I'd like to give specific thanks to Gloria. She ran it the best it's ever been run. Made it easy for us to participate, and I hope that in the future we'll have more participation and be able to offer this service to Collier County residents. Thank you. (Applause.) CHAIRMAN FIALA: Thank you. Item #5B PRESENTATION OF A DONATION IN THE AMOUNT OF $1,000.00 FROM THE DISABLED VETERANS FOUNDATION TO THE COLLIER COUNTY VETERANS COUNCIL (PRESENTED BY BOBBY BROOKS, OPERATIONS MANAGER FOR DISABLED VETERANS FOUNDA nON; ACCEPTED BY JIM ELSON, PRESIDENT OF THE COLLIER COUNTY VETERANS COUNCIL) - PRESENTED MR. MUDD: Commissioner, that brings us to #5B. It's a presentation of a donation in the amount of a thousand dollars from the Disabled Veterans Foundation to the Collier County Veterans Council to be presented by Bobby Brooks, operations manager for the Page 24 March 10, 2009 Disabled Veterans Foundation, to be accepted by Jim Elson, the president of the Collier County Veterans Council. MR. BROOKS: Good morning. CHAIRMAN FIALA: Hi. MR. ELSON: Thank you very much. Appreciate it. Why don't you say a few words, Bobby. MR. BROOKS: Thank you. MR. ELSON: Commissioners. MR. BROOKS: First of all, thank you for allowing us to come up here and be part ofthis today. Our organization has gone through some hard times lately, through no fault of your public or your community. We're often mixed up with an organization that works in this area, as well as other parts of Florida, that none of the people that work for that organization are veterans. Weare making every effort to every community that we go in to distinguish ourselves. Every single person that works for our organization is a veteran who is honorably discharged. It is my belief and the foundation's belief that not one single veteran that has honorably served this country deserves to be homeless. Twenty-five percent of the donations that we collect go right back to the veterans services in whatever community we work in. There is nobody in the State of Florida that we know of currently that has 70 beds that a veteran can come to today and get in one of our 70 beds. Through the donations, 67.8 percent of the money that goes in the buckets that you see us carry goes directly to the veterans. We appreciate the generosity of Collier County and Naples as well. God bless America. CHAIRMAN FIALA: Mr. Brooks, a couple of commissioners have some questions. MR. BROOKS: Sure. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Brooks, as you know, Page 25 March 10, 2009 there has been some -- a number of questions raised in our community about this. MR. BROOKS: Absolutely. COMMISSIONER COYLE: And I mean no disrespect, and I appreciated this $1,000 donation you made. MR. BROOKS: Yes, sir. COMMISSIONER COYLE: But we do need to understand whether or not you produce any financial reports that indicate how much money is received and where the money goes, and how are you registered and/or regulated? MR. BROOKS: I have no dealings with the finances. John Luc, the founder and the director of the foundation, will be glad to answer that for you. COMMISSIONER COYLE: Okay. MR. BROOKS: Also I want to make a statement before I leave, before I forget. I suffer from that CRS diseases, I can't remember stuff very much. But Jeff Lytle has written some articles in the paper and has let it be known to me personally that he wants to know where the money goes. I certainly want to tell each and every one that's in this room today, any point in time that you want to come to any of our houses, seven houses with ten beds each in them, you're more than welcome to come, unannounced, anytime. We would be glad to show you what we do. MR. VERAGUAS: Hi. My name is Jean-Luc Veraguas. I'm the Director. I'm the one that started this foundation. As far as financial, we're registered with the State of Florida Department of Agriculture and Consumer Services. We're required to report to them every year, all our finances. COMMISSIONER COYLE: Is it possible for us to get a copy of that financial report? MR. VERAGUAS: Yeah, yeah, absolutely. I sent -- yeah. I can Page 26 March 10, 2009 fax it to you. COMMISSIONER COYLE: Okay. MR. VERAGUAS: Absolutely. COMMISSIONER COYLE: That would be very helpful. MR. BROOKS: Didn't we send one to Jeff? MR. VERAGUAS: Yeah. I sent one to Mr. Lytle. We've only been in existence for 15 months. Our first official one that we're going to file with the State of Florida is going to be soon, you know, before April 15th that we'll be filing for -- you know, for last year basically. COMMISSIONER COYLE: And I -- MR. BROOKER: And we just got our SOlc3, which was delayed four months, wasn't it? MR. VERAGUAS: Yeah, yeah. It was delayed four months because my articles of incorporation were not stamped by the State of Florida. COMMISSIONER COYLE: Okay, all right. Now, the -- tell me a little bit about this other organization that tends to do some collecting, I guess, here. Are you aware that another organization is doing the same thing here? MR. VERAGUAS: Bobby's probably the best one for that. But if you give me your card with your fax number, I'll go ahead and fax it to you, because you do want to know my financial information, right? COMMISSIONER COYLE: Yes. MR. VERAGUAS: I will be -- we're starting a web site -- thank you. We're starting a web site, and I will be publishing my financial information on the website. COMMISSIONER COYLE: Okay. MR. VERAGUAS: I want everyone to know -- I want everyone to know that everything is up and up. I didn't start this -- I started this to help veterans, and that's homeless veterans. We want to see zero homeless veterans in Florida and also in America, of course. Page 27 March 10, 2009 COMMISSIONER COYLE: Okay. Are you a veteran? MR. VERAGUAS: No, I'm not a veteran. I'm the only one. But every one of the guys that work -- and I don't collect donations. I'm the director. Everyone that works out there is a veteran, yeah. COMMISSIONER COYLE: Okay. Now, the -- but, Bobby, you were going to give us some information about this other organization? MR. BROOKER: I'll be glad to. COMMISSIONER COYLE: Tell us about them. MR. BROOKS: Long story short, I've been to the attorney -- I've spoken to the attorney general and given him what information I know about the director of this foundation, and 1'11 go ahead and give you his name. His name is Robert Vanhooten. COMMISSIONER COYLE: How do you spell that last name? MR. BROOKS: I'm sorry. Richard Vanhooten. V-A-N-H-O-O-T-E-N. COMMISSIONER COYLE: Okay. MR. BROOKS: I know for a fact that this gentleman lives in a multi-million-dollar home with all the toys and the diamond rings and 40-foot boat. For the last four-and-a-halfto five years, this gentleman has been making a living off of pulling homeless people out from under bridges, young as age 14, that he brings into your communities wearing the BDUs, and I would be willing to bet you that he can't spell BDU if you spot him the B and the D, much less tell you what Battle Dress Uniform stands for. Certainly he is a 501C3, but the problem that I have personally with this is I honorably served this country for 20-plus years. I jumped out of airplanes for a living. And it is my belief that if a man wants to live his lifestyle through the donations that he's fraudulently getting from the generosity and the hard-earned dollars of the American public by putting people on the street by representing them as veterans, the American public, police officers -- I've never done this before in my life. I've never even thought that I would be on a street Page 28 March 10, 2009 corner carrying a bucket. I do this because I want to give back to the veterans that are not as fortunate as me. But when this guy puts people on the street, the America public, automatically when they see a police officer or a fireman, they're reaching in their pockets because their heart tells them to do that. That's how this guy is living the multi-million-dollar lifestyle that he's living, and I have a problem with that. COMMISSIONER COYLE: How do we distinguish representatives of that organization from yours? They all -- MR. BROOKS: Our organization, every veteran that you will see in this community will have a National VA card. It has our name, service connected, and a number on the back that you can call and verify that we're who we say we are. We also have recently started a Disabled Veterans Foundation. I do not have it on currently today. That has all the pictures on it and what branch of the military, and it says Disabled Veterans Foundation. Now, you will see VSO, Veterans Support Organization, wearing IDs around their chest and that says non-veteran. My question to him and to some of his veterans recently in Daytona of this past week, were, why are you even wearing fatigues if you're not a veteran? They didn't have an answer for that. COMMISSIONER COYLE: Yeah. We've been asking the same question here. MR. BROOKS: You know. COMMISSIONER COYLE: Now, with respect to permitting. Are you going through the proper permitting processes? MR. BROOKS: Let me say this. John Luc gave me reins of the operations of this organization about, what, six, eight weeks ago, John? Weare going above and beyond the call of duty, if you will, to ensure that wherever we go that we're doing it legally and with the Page 29 March 10, 2009 respect and with the condolence and -- of the commissions, police departments. Instead of us going into a town and letting the police come see us, we're going to see the police or county commissioners or city council. That's the right way to do business. I'm not saying that we have always done that. Certainly we haven't. But I can assure you, as long as I have operation control, with John's endorsement, that will be the way that we continue to do business. COMMISSIONER COYLE: Good. Thank you very much. Appreciate it. MR. BROOKS: My pleasure. Any other questions? CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Are you the organization that was out on the street corners during Christmastime in this area? MR. BROOKS: Thanksgiving I know we were. COMMISSIONER HALAS: Well, Thanksgiving, and I think the holiday season? MR. VERAGUAS: First couple weeks of December. COMMISSIONER HALAS: Okay. So did you get the necessary permits from the county in regards to this? MR. VERAGUAS: Yeah, we did. We got from -- on Horseshoe Drive, I guess, right-of-way department gave us a permit to work. COMMISSIONER HALAS: Okay. I was just wondering because I know that there were different locations, intersections that there were people dressed in fatigues, and I was concerned at the time whether or not that permits were obtained for doing this soliciting. And one of the other concerns that I had is, I noticed that some of your people were somewhat, I thought, overaggressive in trying to obtain money from people that were stopped at intersections. MR. BROOKS: I certainly appreciate that, Commissioner. That gentleman's no longer with us. I know exactly who you were talking about going up and knocking on windows. Page 30 March 10, 2009 COMMISSIONER HALAS: Yeah. MR. VERAGUAS: Yeah. He's no longer with us. MR. BROOKS: I certainly apologize for that. And as soon as I saw him do that -- let me go -- let me go a step further. Again, I'm a career military guy, and as long as I have operation control, we won't -- that won't be happening and we will, as I said, have the permission of whoever we need to have permission before we ever show up. COMMISSIONER HALAS: Well, I'm an ex-military person myself. MR. BROOKS: Thank you for your service. COMMISSIONER HALAS: One other question I have is, you said that you donate 25 percent of what you collect in the community? MR. VERAGUAS: That's correct. Twenty-five percent of what we collect goes back to the community. COMMISSIONER HALAS: And so all those weekends that you were out at intersections, you only -- any -- excuse me -- you ended up with only $4,000? MR. VERAGUAS: About, yes, sir. COMMISSIONER HALAS: Okay, interesting. I'd be interested to see your financial report also. MR. VERAGUAS: Sure, no problem. CHAIRMAN FIALA: And Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I'm also a former military person, just like probably half the people in this room are. But question, sir, the end results of what you do is to provide housing for veterans, and the reason I'm bringing this up is I know of a person that, in April, single -- he's single, living alone, he's going to become homeless. He's a Vietnam veteran. Can you tell me about the housing that you provide and where it is? And do you have empty beds at this time, and how long can a person stay? MR. BROOKS: Great question, sorry I didn't make that clear. Page 3 1 March 10, 2009 COMMISSIONER COLETTA: This gentleman suffers from results of Agent Orange, and not that he needs continuous medical area. MR. BROOKS: May I approach? COMMISSIONER COLETTA: But the question is, do you have available beds now? MR. BROOKS: Yes. I just wanted to you give that. MR. VERAGUAS: We've got three beds open currently. COMMISSIONER COLETTA: And whereabouts are they? MR. BROOKS: Ft. Lauderdale, Miami -- actually, Ft. Lauderdale and Hollywood. COMMISSIONER COLETTA: Are you interested in purchasing any property locally? MR. VERAGUAS: I haven't looked into that right now. I mean, we do have 70 beds. It's a lot. COMMISSIONER COLETTA: Yeah. No, the reason I'm saying is, I think it's noble what you're doing, I really do. And if anything, if you can grow the mission and help our local veterans out that are homeless, it would be tremendous. St. Matthew's House, at this point in time, is picking up all the slack, and it sounds like what your mission is, is very particularly aligned with veterans. I tell you what, afterwards, if you're interested in some property, we have unbelievable deals coming down through, and we have a member of task forces out there that are purchasing these properties, foreclosed properties. Is there any possibility that you might have funds available to be able to purchase a home to offer it to local veterans? MR. BROOKS: The way we currently do business -- again, John's been doing this for about 15 months. I've only been here a few months. We go into local communities, do what we do, we pick up veterans -- I've picked them up as far as from Tennessee. I put them Page 32 March 10, 2009 on a bus, bring them down to Miami/Ft. Lauderdale where our houses are at no expense to them. Minimum 28 days. No food, no transportation. We plug them into the number one and number two VAs in the country, currently Miami and West Palm. And whatever services, psych services, A and D, vocational rehab, whatever services that they need to be plugged into, we provide the transportation and the wherewithal to get those folks there. COMMISSIONER COLETTA: And I don't mean to interrupt you, but I don't want to take up too much of your time. But would you please work with our local organizations to see what kind of -- MR. BROOKS: I would love to. COMMISSIONER COLETTA: -- collaborative effort can be brought to be able to offer the service to our local residents. MR. BROOKS: Absolutely. COMMISSIONER COLETTA: These people that we're talking about have roots here, and they really don't want to go to the other end of the state to be able to receive services. We have a great community for veterans here, and we have transportation to be able to get them to the different VA hospitals. If you'd take the time to do that, possibly give us a report in the future about how your venture's coming forward, I would appreciate it very much. MR. BROOKS: Be my pleasure, Mr. Coletta. COMMISSIONER COLETTA: Thank you for your service. MR. BROOKS: Thank you. MR. VERAGUAS: You said you have contact with properties? Because that's the number one thing that -- maybe you can give me a -- I could give you a call and find out what, because that's what I -- COMMISSIONER COLETTA: More than happy. MR. VERAGUAS: That's the whole thing about it. I bought ten properties and -- Page 33 March 10, 2009 MR. ELSON: We'll work on that. COMMISSIONER COLETTA: Great. I think we've got something going here so we can turn something that turned out to be a thousand-dollar check into something that might be much bigger and more meaningful for our own residents. MR. ELSON: Right. MR. VERAGUAS: It starts with a house. And obviously, I've been housing homeless people, by the way. This is -- the veteran thing is a new thing, but I've been helping homeless people for 11 years, so I know how it works, and I've been doing it for a while, so -- COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Thank you very much. MR. BROOKS: God bless America and thank you very much. MR. ELSON: Gentlemen, I want to help you for the donation. It will help veterans council. One of the things that we do, aside from just the homeless people, as you know, a couple of weeks ago we helped a young lance corporal come home from Iraq to attend his mother's funeral and then move on to Camp Lejune for his advanced training. This afternoon we're thanking our veteran services drivers. We have a special luncheon for the people that drive the vans, take people to their hospitals. And, of course, at the end of the month we're helping conduct a special ceremony to award the French Legion of Honor Medal to those that served in liberating France. So we do run the full spectrum, and every little bit of money does help. But it would be nice to start an organization that would provide some housing. So, Council -- or Chairman and Commissioners, I thank you for helping us. CHAIRMAN FIALA: Thank you so much, Jim. MR. ELSON: Thank you. (Applause.) Page 34 March 10, 2009 Item #5C PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD FOR FEBRUARY 2009 TO MARCO A. ESPINAR - PRESENTED MR. MUDD: Commissioners, the next item is a presentation of the Advisory Committee Outstanding Member Award for February, 2009, to Mr. Marco Espinar. Mr. Espinar, if you could please come forward. (Applause.) MR. MUDD: Mr. Espinar has served as the chairman of the Lands Evaluation and Management Subcommittee of the Conservation Collier on two occasions during his tenure and currently serves as such. Under his leadership, the first six final management plans for Conservation Collier preserves have been drafted and subsequently approved by the Board of County Commissioners. Mr. Espinar is a champion of hunting and always seeks to have it included if appropriate. He has assigned staff in developing language for cattle leases on two properties. As a member of the Conservation Collier Land Acquisition Committee, he is always prepared for the meetings and actively participates in discussions. His opinion is respected by all members of the committee. Mr. Espinar uses his knowledge in environmental management and listed species protection to help develop appropriate and effective management actions. When actions taken are appropriate and effective, costs are kept to a minimum. Mr. Espinar is an environmental consultant in his working life. The knowledge that he shares during the management plan review process would be costly to obtain if Collier County were paying for Page 35 March 10, 2009 the same services he shares for no cost to assist his community through Conservation Collier. Ladies and gentlemen, it's indeed my pleasure to present to you the Advisory Committee Outstanding Member Award for February, 2009, and to give it to Mr. Marco A. Espinar. (Applause.) CHAIRMAN FIALA: Thanks, Marco, for all your service. COMMISSIONER HALAS: Congratulations. Job well done. Item #5D RECOGNIZING CRISTINA PEREZ, SENIOR INVESTIGATOR, CODE ENFORCEMENT, AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2009 - PRESENTED MR. MUDD: Commissioners, that brings us to another presentation, and this is a recommendation to recognize Christina Perez, Senior Investigator, Code Enforcement, as Employee of the Month for February, 2009. Christina Perez, Senior Investigator, has been nominated as the Employee of the Month for February, 2009. Christina has been with the county since 2003, starting out as a customer services representative in the community development division. She quickly became a code enforcement investigator and has worked her way up over the years to become a senior investigator. Due to her hard work and accomplishments, she was most recently promoted to an investigative supervisor in December of2008. Christina leads by example and is considered to be one of the go-to people in her department. She is always willing to help with any issue, no matter how big or small. Throughout her career, she has gone out of her way to help the citizens of Collier County. Christina helps residents with code violations to get into Page 36 March 10, 2009 compliance on time to avoid extra fees. She organized the Community Copeland Cleanup that will use volunteers to help remove litter and debris from Copeland, Florida. She has submitted a proposal for the -- for the Fire Department to do controlled burns on unsafe structures scheduled to be demolished by the county which, if implemented, will save -- okay, I'll say it -- which, if implemented, will save thousands of dollars in taxpayers' money. Christina was also a recipient of the department's Golden Badge Award based on the nominations from peers for going the extra mile. This award is given by Code Enforcement's Employee Recognition Committee, of which she is an important part. F or these and many other reasons, she is well deserving of this award. Ladies and gentlemen, I'd like to present to you Christina Perez, senior investigator, code enforcement Employee of the Month, February, 2009. COMMISSIONER COLETTA: I can't thank you enough. I really do appreciate it. CHAIRMAN FIALA: Here's a letter from us and a little check. Wish it was a lot, lot, lot bigger. Something for your wall. MS. PEREZ: Thank you. (Applause.) Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 - APPROVED MR. MUDD: Commissioners, that brings us to Item 13A, which is a time certain of ten a.m. It's a presentation of the Comprehensive Annual Financial Report for the fiscal year which ended September 30, 2008. Page 37 March 10, 2009 MS. KINZEL: Good morning, Commissioners. For the record, Crystal Kinzel, Finance Director for the Clerk of Courts. We're here today to present to you the 2008 Comprehensive Annual Financial Report, commonly referred to as the CAFR. This report includes a couple of things that I want to make notable mention. For example, a 2007 award from the Government Finance Officers Association for excellence in reporting for the 2007 report. That was our 22nd consecutive year receiving the award for excellence. This report will also be submitted, and we'll hope to make it 23 consecutive years. We also -- I believe each commissioner received their book, but additionally this year we have available, as a cost-saving measure, producing and preparing the report on disk. So for members of the audience or taxpayers, it will also be posted on the clerk's website, as it has been in the past. Before we start the presentation, Commissioners, I would like to thank several people and recognize particularly the finance and accounting staff led by Derek Johnssen and Kelly Jones. Derek, Kelly stand up. They work all year to prepare and produce the documents that you see before you, so it is a -- it is an accomplishment. We'd also like to thank the constitutional officers, the county staff. Everyone works together bringing together the financial information to make sure that we're able to prepare this and present it to you. We additionally would like to thank Ernst and Young, our auditors. They had a team this year that worked with us to get the financials done, prepare it, and I think we're a little earlier than last year, and we hope to keep this goal for the future also. So with that said, I'd like to introduce John Desanto, executive director with Ernst and Young. And Mr. Desanto will present to you the financial statements. MR. DESANTO: Thank you. Good morning, Madam Chair, Page 38 March 10, 2009 members of the board. I appreciate the opportunity to come before you today to present the results of the 2008 audit. My colleague actually did this presentation, I think it was June of last year, the '07. So I think we're about three months ahead of where we have been historically, or certainly where we were last year, and that could not have been accomplished without the assistance of the county manager's staff as well as the finance department staff. You should have before you a document that's up on the screen. It's titled, Collier County Florida 2008 Financial Statement Audit Results, and that is the document that I'm going to be speaking off of. Page 2 is just the agenda of the items that I'm going to cover. I'm not going to go through each of those items in detail unless you would like me to. I'm just going to highlight certain things that I think warrant me to highlight and point out relative to the audit. Page 3 is just a snapshot of Ernst and Young's Client Service Commitment to Collier County, Florida. That's how we serve our clients in the whole entire process of serving clients. As far as the reports that we issued in conjunction with our audit, we did issue an unqualified or a clean-audit opinion on your financial statements on the CAFR for the fiscal year ended September 30, 2008. We also issued a report on internal control over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with government auditing standards. In that report we did disclose one significant deficiency in internal controls over financial reporting related to capital asset accounting, and I will discuss that a little bit later on in the report. We also disclosed in that report that we noted no instances of noncompliance with laws and regulations. We also issued a report on compliance with major federal and state grant programs. We audited 11 programs total for fiscal 2008. Eight of those programs were federal awards, and three of those Page 39 March 10, 2009 programs were state awards, and they are listed out on Page 4 of this document. With respect to the 11 programs that we audited for compliance for your federal and state programs, four of those programs did have qualified audit opinions, so there were exceptions that were noted and pointed out in our report, and seven of them had unqualified or clean-audit opinions. We also issue a management letter that we're required to issue under the rules of the auditor general in that management letter. We did point out the significant deficiency in internal controls that I referred to earlier. And again, I'll go over in a little bit more detail later, and that also pointed out no instances with noncompliance with Florida Statutes or rules of the auditor general in the State of Florida. We did issue separate unqualified or clean-audit opinions on the constitutional officers, and we issued an unqualified or clean opinion on a stand-alone or separate financial statement of the water and sewer fund. I put this slide together. It's Page 6 of the document comparison of audit results of the prior year just so the board would be able to clearly see the improvement that we think was made over financial reporting from 2007 to 2008. With respect to audit adjustments, adjustments that we detected during the audit, there was four of them that were detected during 2008. In 2007 there were over 30 of them. That gives us a little bit of reference. Also with respect to findings that were considered to be significant deficiencies or material weaknesses in internal controls, 2008, there was the one that I referred to earlier. In 2007 there were three of those. Also, with respect to findings on our audit of federal and state grant programs, we had a total of six findings for our 2008 audit, and there were 16 findings in 2007. So, again, you can see that there was Page 40 March 10, 2009 definitely improvement noted there. And with respect to the management letter, in the current year management letter we had no current year comments other than that significant that I referred to earlier. And in the prior year, there were actually six comments that we had. And of those six, three were fully implemented by staff and three of them are in the process of being implemented. The next several pages are the required communications. These are matters that auditors are required to communicate to oversight organizations and those charged with governance in organizations such as this board. And I am going to go through all of these at high level. Of course, if you'd like me to explain any of then in more detail, I would be happy to do so. The first item -- and I'm at the top of Page 7 -- the auditor's responsibilities under generally accepted auditing standards. I'd like to point out a couple of things here. First, our audit is designed to determine whether or not the financial statements are presented fairly and provide reasonable assurance that they present fairly in accordance within generally accepted accounting principles, and reasonable rather than absolute assurance. Secondly, with respect to internal controls, we examine and review and test and study the internal controls over financial reporting in order to enable us to plan and perform our audit, not to issue a separate opinion on internal controls. And as I pointed out earlier, we did issue a clean or an unqualified audit opinion on the county's financial statements, or the CAFR that Crystal alluded to. With respect to significant accounting policies, those are disclosed in footnote one to the CAFR that you should have. I did want to point out that during fiscal '08, the county was required to and did adopt GASB statement number 45 on postemployment benefits other than pension plans, and that resulted in a $3.8 million liability being recorded in your final statements. Page 41 March 10, 2009 With respect to our judgments about the quality of the accounting principles selected and used by county management in preparing the financial statements, we did find those policies and procedures to be selected to be consistent with those that were required to be used by accounting and industry standards and also consistently applied with pnor years. With respect to sensitive accounting estimates that are included in your final statements, they are listed out here, but management does make certain estimates that are included in the financials. Those items are things such as establishing potential allowances for uncollectible accounts receivable for determining compensated absence liabilities, estimating self-insurance reserves, and estimating the postemployment benefit liability. With respect to methods of accounting for unusual and significant transactions and for controversial or emerging areas, there really weren't any of them during the year, but I'd be remiss ifI didn't tell you that we certainly considered in our audit approach and in our audit procedures for the fiscal '08 year the impact of the current credit crisis on the county and also the current economic environment. And one of the things that we look at are the reserves, and we certainly looked at the reserves of your general fund in relation to your total annual expenditures in the general fund. And at the end of 2008, your current reserves in the general fund are about 17 percent of annual expenditures. That is pretty consistent with what we're seeing for some other counties, certainly in the northern west coast of Florida. I think when you get down further south, like into your Lee Counties (sic) and even, I think, Sarasota County, you might find that they have higher -- a higher reserve percentage than you probably are showing right now, but I can tell you that industry-wide, a rule of thumb is to be right around that 60 days or 16 percent or so. That did represent about a 4 percent decline in reserves from the prior year, a decline in reserves of 3 to 5 percent. Again, it's consistent with what Page 42 March 10, 2009 we're seeing with some of your peers in the State of Florida, primarily, again, due to amendment one, property tax reform and things like that. We've seen most county and city governments similar to you all doing a combination of cutting costs, looking for alternative revenue sources, as well as using some existing reserves. So, again, that's not inconsistent with what we would have expected to see for Collier County, and also it's not inconsistent with what we're seeing in the industry in the State of Florida. With respect to significant audit adjustments, I did mention earlier, I think we had four audit adjustments during the year, and they related to capital asset accounting and revenue and expense recognition. Those adjustments were recorded by management in your financial statements. There were no unrecorded audit differences that were identified, so we only had those four differences, and they all were recorded by management. With respect to flawed and illegal acts, we're not aware of any matters that require communication. There is a subsequent slide that I'll point out when I get to it that spells out the required procedures auditors are required to perform in order to determine or detect whether or not there was a fraud that would have been material to your organization. We did perform all of those procedures and, again, there are no -- we did not identify any matters related to fraud, errors, irregularities, illegal acts or any of those items. And with respect to significant deficiencies or material weaknesses in internal controls, the one item that we did point out as a significant deficiency in internal controls, it related to the restatement of the capital asset balance in the water and sewer fund. I did want to point out that that difference was detected by management; however, it was detected during the fiscal '08 audit, and all of these transactions related to 2007 fiscal years and prior. So while management did detect it, it was not detected timely. So I just wanted to point that out. Other information and documents containing the audited Page 43 March 10, 2009 financial statements: You'll note within your CAFR there are things such as combining financial statements and schedules, and management's discussion and analysis required supplementary information. We did review all of that information, and it is consistent with the financial statements that are included in the CAFR. We did not have any disagreements with management. We had no difficulties in performing our audit. Again, I think to evidence that, we're here three months earlier than we were in the past. And, again, that could not have been accomplished without the assistance of the county manager staff, as well as the finance department staff. There were no major issues discussed with management prior to our continuing retention as your auditors, and there were no consultations that management may have had with other accountants of which we are aware. And with respect to independence, Ernst and Young is independent of Collier County in all respects. The next -- the next thing I want to point out, Page 11 is the slide on fraud consideration and the risk of management override of internal controls. This is really here for your informational purposes, but this does spell out the requirements of what auditors are required to do with respect to detecting whether or not there was a significant or a material fraud in your organization. And as I pointed out earlier, we did perform all of those procedures, and we did not identify anything that needs to be reported to you. The next several items are just three appendices. Appendix A and Appendix C are information that government auditing standards require us to communicate on an annual basis to those charged with governance in organizations. Appendix A essentially requires us to provide you with information relative to the different services we provide to the county and what our responsibilities are with respect to testing and reporting on internal controls and compliance with laws Page 44 March 10, 2009 and regulations, and that's what Appendix A is. Appendix B, timing of required communications. All of those required communications I just reviewed with you, they're required to be communicated at least annually to you; however, certain of those items that I went over with you are also -- are also required to be communicated upon the occurrence of the event if we become aware of that. An example of that would be if there was a disagreement with management on a significant accounting issue. I would need to come to you as soon as we're aware of that and not wait until the end of the audit. Same thing in became aware of a material fraud or irregularity. So, again, this is for your information so you know when -- when I am required to communicate those matters to you. And Appendix C, which I alluded to earlier, it's required by government auditing standards. This is a peer review report. What this is, is Ernst and Young is required to undergo an audit every three years by another audit firm, and they essentially audit our audit practice to make sure that we're following industry standards as well as our own standards and practices in performing our audits. We did get a clean or an unqualified opinion. We've also included in there some findings and recommendations that that other audit firm had as well as our response to that. And, again, I am required to communicate and provide that to you. And that essentially completes my presentation for today. I'll open it up for any questions that you may have. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Is -- is there any way that we can receive this report earlier? I received this report on Friday, part of our regular agenda. And I find the information in it very, very helpful. MR. DESANTO: Okay. COMMISSIONER HENNING: But I didn't get a real chance to Page 45 March 10, 2009 study the report. And if we just get it earlier before the presentation. MS. KINZEL: And, Commissioner, I appreciate that. You know, we are trying to print and process, so I apologize. But we are trying to get it to you earlier each year. And we will make an extra effort next year to get you the draft document or additional information before the meeting. COMMISSIONER HENNING: Yeah. It would be -- it would be very, very helpful. The -- your comments, where do we go from here? Some of the comments -- I think there was one comment on a constitutional officer about some federal monies we received, and then on the board's side we've had some comments about the housing department. From there, the constitutional officer and the county manager will respond, I would believe, directly to the Board of Commissioners and the audit team? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Is that how it works? MR. MUDD: What we have to do is once we find -- you have a finding or a deficiency or material weakness or whatever, once that's encountered and found, staff comes back with a comment to those particular findings and whatnot. In your particular CAFR, in your book, if you just go to a tab called federal, state, single audit. COMMISSIONER HENNING: Right. MR. MUDD: Okay. If you go to Page 182. Now, this is a little abnormal because we normally put them in order. 2008-1, the reason it's got a zero, it had to do with the finding -- the deficiency that was found with the capitalization comment that John made in the fact that in prior years we reported it as capital -- capitalization in the water/sewer side of the house, and it shouldn't have been reported that way. We found it, identified it, brought it to the auditor's attention, and Page 46 March 10, 2009 we will correct that in years out. And every one of those things now, 2008-1, 2008-2 are all there, and you'll see in the paragraphs that follow, there'll be a recommendation, and it also has management comment. We will continue to make progress fixing those things. We've instituted a process within the manager's agency called Excel, and that process has helped us. And John also mentioned how well we did do fixing prior years' deficiencies in making them better, and that I attributed to that program that I've engaged the organization in order to do that. What we will continue to do -- you'll notice also in that section that we go into deficiencies -- and they're numbered 2007, and I believe there's a couple of 2006s in there -- they never let go of those deficiencies, okay. They'll hold onto it, and they'll ask for progress on how we fix them, and we're obligated to make sure that we do fix them when we provide that information to them, so -- and that's always part of your audit process on an annual basis, and I don't let the staff go. We will work with the sheriffs organization in that other process, too. COMMISSIONER HENNING: I have some further questions. Please, go ahead. MS. KINZEL: Excuse me -- and Commissioner Henning, just to clarify something County Manager said. On the capital asset item for water and sewer, that is corrected in the book before you. The problem was some of the events were in prior years and we caught it in '08 as a management group. But because the correction was multiple year, they're required to state it. So it is correct now. It's being handled appropriately, and it's reported appropriately in this CAFR. COMMISSIONER HENNING: And I got that from your report. I got that the county manager's agency caught the deficiency and corrected it. But there are a lot of other things -- and I know that the federal and state requirements for housing is -- is so obnoxious, like -- Page 47 March 10, 2009 just an example. On staffs allocated time for each of the grants, they have to be recorded. And so, you know, I can understand the complexity more and more about the housing department, and the -- and with the new program such as HOME. Actually I seen comments that are the same from 2006 or '7 that we still need to -- still need to fix. And I'm sure the county -- I mean, we -- when I meet with the county manager, we talk about these issues and try to constantly get an update on it. But those requirements under federal government are just horrendous. So I don't know what we should -- we should be doing with that. I guess my concern is, do we ever have the ability to lose future grants because of the reporting and commitments under the state and federal guidelines? MS. KINZEL: Well-- MR. MUDD: Answer to that question is yes. MS. KINZEL: -- yes. There is a risk associated with noncompliance, obviously. I think what grantor agencies typically look for are attempts to remediate corrective measures, corrective actions. And what we are doing is accounting to correct any deficiencies that we may have had. They're usually not as adamant as long as you are working toward a common goal. You're making it, people make mistakes. They are much more unforgiving of a county that would not recognize the issues and not take any action. So I think that if you see what staff is -- their intent and what we've planned to do as well as the things that have been fixed in the past, I don't think we have an element of risk at this point; but obviously with any funding from the federal or state government, compliance is of primary concern. COMMISSIONER HENNING: Well, I'm glad you told me that we're working towards solutions to those issues and not ignoring them. Page 48 March 10,2009 And I guess I must recognize that the housing department, previous audits, we're getting there. That's the only thing I have. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. Under the tab of Clerk of Courts -- my book is already falling apart here. I looked under the Special Purpose Balance Sheet, governmental funds. I think it's on Page 3. And it says, due from the Collier County, Florida, Board of County Commissioners $4,000,848 (sic) -- or $448,848,777. Can you explain what that charge is that we owe you? MS. KINZEL: Yes, Commissioner, for the record, Crystal Kinzel. The majority of that amount of money is related to the invoicing of the board for clerk's services in the prior year. And if you look, you'll also see a reference to the deferred revenue under that for the 4,009,000 -- COMMISSIONER HALAS: Right. MS. KINZEL: -- that's not recognized as revenue because it has not been paid to the clerk from the board, but we recognize it as a due from until the issue of those invoices is resolved. COMMISSIONER HALAS: And can you explain in detail, a little more detail, what we really owe you for and what services that you're referring to? MS. KINZEL: I believe, Commissioner Halas, we're working on that with the Productivity; you referred it to them. So we have been working to go over the invoices and the backup and the information associated with that. COMMISSIONER HALAS: Okay. So we'll get an answer, I take it, in the near future, of what's going on here? MS. KINZEL: Yes, Commissioner, we're working on it. COMMISSIONER HALAS: Okay. Then on Page 4, I notice it says, revenue charges for service of$3,283,635, then there's another entry of total expenditures of $8,323,911. What is these charges? Can you explain the charges of the $3,283,635? Page 49 March 10, 2009 MS. KINZEL: Those would include recording fees for the clerk's office, other general revenues received from -- by the clerk. COMMISSIONER HALAS: Okay. And so the difference between the 3 million and the 8 million is about $5 million. Can you tell me is the -- what's the end result of the $5 million? Who's got custody of the $5 million? MS. KINZEL: Commissioner, this recognizes revenue of over $35 million. If you look, it includes both charges for services and interest income earned by the clerk, and so you have revenue sources of over 35 million. The 8 million is the total expenses. That would be the operations under the general fund for the clerk's office. COMMISSIONER HALAS: So this is the -- this is the clerk's payroll? MS. KINZEL: Yes, sir. COMMISSIONER HALAS: So is that what the $5 million is is the clerk payroll? MS. KINZEL: That is all the financial operations of the clerk associated with the non-court-related functions. COMMISSIONER HALAS: Non-court-related functions, okay, all right. One other question I have and it relates to -- I think it's on Page 17. And it says under receivables -- my concern is, since July 1,2004, the accumulated receivables through September 30,2007, total $18,936,086. For the current period, October 1,2007, through September 30, 2008, the accumulated additional revenue receivable is about $5,337,197, for the total accumulative receivable balance of $24,273,283. Is this court-related costs that haven't been collected? MS. KINZEL: Yes, sir, primarily court-related costs, and those are the cumulative historical value of those costs not collected. Remember, if we have assessments by the court, people go to Page 50 March 10, 2009 jail, those are pretty much uncollectible until they get out of jail. So you will see a significant receivable. I think that's pretty typical. COMMISSIONER HALAS: So you have issued bench warrants in regards to this? MS. KINZEL: That's not our position, Commissioner. COMMISSIONER HALAS: Well, how are you going to collect the funds? Somebody's got to be responsible for collecting these funds. MS. KINZEL: We do have a collections section of the clerk's organization that works to collect funds. We also file a state report on collections and collections activity. We have met all of our collections standards with the state regarding court collections except for the criminal felony, which is falling just a percent or so below. And, again, that's related to -- COMMISSIONER HALAS: So if you don't collect these funds, then does this fall on the shoulders of the Collier County Board of Commissioners to take care of the court-related costs then? MS. KINZEL: Commissioner, the funding mechanism is complicated, and there are some state-funded as well as local funds for the courts, but -- COMMISSIONER HALAS: I asked you a question. Are we now obligated to take care of the court funds since you haven't connected -- collected? MS. KINZEL: No, sir. That's not how it works, okay. COMMISSIONER HALAS: Are you sure? MS. KINZEL: I'm sure. And we reported to the state consistently on our collections activity, and as I said, we've met all of the state standards for collection. There's a general expectation of collection percentages based on your activities, and we've exceeded every one except criminal felony -- felony, which I began to explain, is because if people are incarcerated, it's difficult to make that collection off of an incarcerated individual. So you may not see Page 51 March 10, 2009 collections on many of those things until such time that they're released from jail, or if ever. COMMISSIONER HALAS: Well, let me ask you this question. The $24 million that is owed, okay, is this comparable to other counties in regards to what the court systems owe? MR. DESANTO: It's probably not totally out of line. I mean, it's on the high side, I would say, but -- COMMISSIONER HALAS: I would think it would be in the high side, $24 million that we haven't collected, and I would think that there's got to be an obligation somewheres in the system to collect these fees or else these individuals should be incarcerated and, some way or another, this debt be paid off. MS. KINZEL: We agree, Commissioner, and we attempt to collect everything that we can, obviously. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay, yes? COMMISSIONER HENNING: Madam Chair, I make a motion that we accept the CAFR report for 2007, I believe. MS. KINZEL: Eight. COMMISSIONER HENNING: 2008, thank you. CHAIRMAN FIALA: Do I have a second on that? COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Henning to accept the CAFR report for 2008, a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. Page 52 March 10, 2009 CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: It's a 4-1 vote. MS. KINZEL: Thank you, Commissioners. MR. DESANTO: Thank you. COMMISSIONER HALAS: I don't think due diligence has been involved. MR. MUDD: Commissioner, that brings us to-- COMMISSIONER HENNING: A break. MR. MUDD: That brings us to our next item which is -- COMMISSIONER HENNING: A break. MR. MUDD: Oh, is a break. CHAIRMAN FIALA: Yep. We'll take a ten-minute break. MR. MUDD: Quarter to, ma'am? CHAIRMAN FIALA: No. We have to be back at 10:50. (A brief recess was had.) Item #6A PUBLIC PETITION REQUEST BY RICK JOHNSON TO DISCUSS LEFT HAND TURN ONTO DUDLEY FROM WHIPPOORWILL LANE - COUNTY ATTORNEY TO LOOK OVER PUD TO DETERMINE WHO IS RESPONSIBLE FOR DEVELOPERIMPROVEMENTS-CONSENSUS MR. MUDD: Commissioner, that brings us to our next item, and we'll -- and we'll go to petitions. The first petition is the public petition request by Rick Johnson to discuss a left-hand turn onto Dudley from Whippoorwill Lane. I will also make sure the board is aware that your petition 6B is related because it also has to do with Dudley Road issue and the closure thereof. But we'll wait till we get to that particular one to see where the petitioner is, but I believe you'll Page 53 March 10, 2009 hear some of the same things, again. So Mr. Johnson, if you could please come forward. You're the gentleman that does all the Leo cars. I swear he has stock in your business. MR. JOHNSON: Great. That's great. My name is Rick Johnson. I'm the owner of Rick Johnson Auto and Tire here in Naples and Ft. Myers. I'm here because I own a store in what's called Naples Plaza Owners Association up at 95- -- I mean Pine Ridge Road and 75. It's a PUD, a 1984 PUD. And when we went into the PUD, we had an access on Lawson; that's the road between Shell and Burger King. We had an access that you could take a left-hand turn going west on Pine Ridge, take a left-hand on Lawson, and you'd go down to Whippoorwill and take a left-hand on Whippoorwill and then take a left-hand back on Dudley. Everybody knows the area, so it's very, very easy. It is an interstate exchange commercial project. It is where people go on the interstate, they come off the interstate, and they've got to have a place to stay, the Best Western; they've got to have a place to eat, the Burger King; and they have a place to fuel up, which is the Shell station and a Chevron. Now, with me today to represent the owners -- I'm one of them -- we have Trent Seguin from Best Western -- he represents a lot of Best Westerns -- and we also have Wayne Brian. Now, Wayne Brian used to live here, and he's -- some of you all might know him. He used to work on -- for the building department and fire review. He also was fire marshal in East Naples before he become the director of real estate for Pantry and the Kangaroo, which is the people who own the Chevron, okay. Those are the representatives that are here today. Now, I'm speaking for the association, Naples Plaza Owners Association. So right now we had maximum access for our people to come off Page 54 March 10, 2009 the interstate and easy access for tractor trailers, easy access for the fire department to get in. Well, since Pine Ridge Road was, you know, six laned, that got rid of a left-hand turn on Lawson. We didn't like it. We had to live with it. We understood it. We understood why the left-hand turn lane was taken away. We still had the left-hand turn lane onto Whippoorwill where you could take a left on Dudley. Now, you've got to think about this area. If you stay up there ten to 15 minutes -- and I live only two blocks away from this -- there is literally hundreds and hundreds of cars on an hourly basis. We had the news here, and he went up there and did two stories, and within five minutes he seen 12 cars just doing U-turns. I mean, you're talking about hundreds of thousands of cars that go into this PUD from the interstate. It's Best Western's, one of the best hotels. I mean, it's one of our busiest stores. But since it -- the median was built on Dudley, our business and everybody else's business has tremendously suffered. Wayne Brian tells me his business is down 40 percent. That's tremendous, tremendous, ever since the access was denied on Dudley. We have -- my business is down. The Best Western's having huge issues with complaints on it. Can't get into it, can't get into it. The fire department doesn't like it either, North Naples Fire Department. Now, I was there getting gas just last week. There was a man who had a problem at the Burger King. He must have had a heart attack or something happened to him. The fire truck and ambulance come from the east, coming from the east going west instead of -- I don't know where they were coming from. But anyway, they had to make the U-turn at Whippoorwill. Fire truck trying to make a U-Turn at Whippoorwill was quite a site. It was very difficult for him to make the U-Turn because you have to make the U-Turn at Whippoorwill, right there at the Racetrac, and you make the U-Turn. When you get over on that far right-hand lane because you've got a big vehicle -- Page 55 March 10, 2009 same thing with a tractor trailer -- then you've got to extend way left to go right into Lawson. It's a difficult, difficult turn. We as the owners of this PUD, of this association here, are tremendously suffering, especially during a downed economy. You know, when the DOT did this, they never told anybody. Now, they claimed they mailed us a letter November the 6th-- yeah, November the 6th, '06. Never got it. None of the owners. Nine owners there. None of us ever got it. We never even knew about the issue of money until after the October 15th meeting in here when they were in here and they -- it was later in the afternoon, October 15th. I have the minutes here. And it come up, and you all -- they -- the DOT, I hate to tell you, but DOT didn't tell you the whole story. Nobody ever knew, the owners, that we owed any money at all. So they told you that we owed money, and so you all decided that after being misled by DOT not telling you the whole -- that's what I call misleading somebody -- they -- you all decided that until we pay, you all are not going to give us the left-hand turn on Dudley. Well, that's not right. You all didn't have the whole story. The whole story is, they should have never even put up the median. They should have told us two years ago that they were going to do this, then we could have fought it then, because it's -- it's terrible. It's caused a huge hazard. It's astronomically bad. Anybody who goes down there, it's just bad. Now, I come here today to ask you all to make a decision to give us back the left-hand turn on Dudley. That's what we need so we have access, so our fire trucks have access, so tractor trailers have access, everybody has proper access into our property. Since we've owned the property, our access has been cut down to 30 percent. It's very difficult to get in there now. It's a very hard thing. Our property values are tremendously affected, because if you go to sell your property, you're going to have an issue because you don't have as much access, you know, which we had. Page 56 March 10,2009 Plus DOT's reasoning that -- the reason why they got rid of the median is that cars were going to turn down Whippoorwill to take a left on Dudley and they were going to back up into Pine Ridge. Now, I've been there for a long time. I've been in Collier County a long time. That's never happened, and never is a long time. It's never happened. I've never been there and seen it. And since I live only two blocks away on Bottlebrush, I'm there every morning at the rush hour at number six store. Now, they said, well, future growth, future growth. You know, DOT needs to make a decision to talk to the people that it's going to directly affect negatively, and they didn't do that. After October 15th, then they started contacting us saying, you owe us money. We're saying, well, what kind of Kevorkian method did you come up with how -- what our share is? Since you only split it by three when there's four corners and then you're bringing up a 2001 improvement, which we knew nothing about. That's eight years ago, 2001. Nobody's ever told anybody anything. And to tell you, my slogan's, fair and honest, tell a friend, and if I owe you money, I'll pay you money. If you prove to me that we owe it -- and all the documents they sent to me -- and I'm just a tire guy and I don't know a whole lot. But the documents here that I got right here says that it's -- the developer shall pay for this. Well, I've asked DOT, prove to me in a documentation that we assumed the responsibility of the developer, and we assumed the rights of whatever the developer said he was going to do, because we're just individual landowners in this project. We set up our association after we got involved. So, they -- it keeps saying developer, and -- the developer's name -- Bernard Dudley. He's 90-some years old. He was the original developer in 1984. So we haven't seen -- we've got two lawyers. We've got a few lawyers. We had two lawyers look over the entire documents, all the documents. We can't figure out how they make this Page 57 March 10, 2009 move. Now, there's a possibility you all could prove that we owe the money. But, you know, if we owe the money since 2001, you all could have easily liened the land, and we'd have paid you. My proportionate share is not that much. I mean, they just told us after October 15th, so how can we as law-abiding citizens, people who pay a lot of taxes -- that little place pays tons of taxes. How can we be expected to pay something till we're proven that we owe it? Somebody gives you all a bill and says, hey, you owe this, you're going to check it out, try to figure out whether you really owe it or not. And if you figure out you don't owe it, then you want them to prove that I owe it. If they prove that we owe it, then obviously we'll pay it, and we won't have a problem in paying our bills. We have a serious problem when somebody builds a median and directly affects our business. I mean, that becomes personal. You know, those guys that work at DOT, they're really not nice people, but they get a paycheck and they go home every day. They're not negatively affected. We are, and it's not right. And we are asking the council to give us back the left-hand turn yesterday. Then you'd just cut the median out, give us the left-hand turn. Never had a problem with the left-hand turn in the first place. Never had a problem with it, not until Naples Nissan went in and they expanded the intersection. That turn never had an issue, and never is a long time. And we've been there for a while. So we know that we have severance damages because we, you know, don't have any access, and it's tough. I tell you, tractor trailer with a load of tires is hard to get in there. It's tough. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I appreciate you coming here today. We heard one side of the story, now I'd like to hear the other side of the story from our transportation department. Page 58 March 10, 2009 I believe that there were some commitments that were directed by the Board of County Commissioners at the time that we closed off this intersection when it was important that it was, so hopefully we can get to the other side of the story so that we can decide what we need to do here. MS. AUCLAIR: Good morning commissioners, Claudine Auclair, Transportation Planning Department. Just want to give you a brief update of what's been going on since the last board meeting of October, 2008, when they were put -- you asked that we go and collect the outstanding commitments on the PUD. A notification letter was sent to the association who manages the area. The letter was first returned and was resent again. Then we -- I got communication from Mr. Johnson. We sent Mr. Johnson a packet of information with the minutes, with the ordinance and backup information telling them about the outstanding commitments of the PUD. We've had several conversations with Mr. Johnson, and Mr. Johnson said he was going to contact the group, kind of serve as the representative of the group and get back to us and sit with us so we can discuss those commitments and the amount of money and all that. We then had more conversation with Johnson that demanded us to re-open the median as soon as possible, that it was causing them hardship. We then told Mr. Johnson that we had to follow board direction that was given to us in October, that the only way we could go ahead and proceed with any other median modification was to get direction from you to do so. We have not sat down with Mr. Johnson or the group to discuss the value of what he's saying about they owe the commitments or they don't owe the commitments to this date. MR. CASALANGUIDA: If I could, Commissioners, Nick Casalanguida, for the record. A little more backup. I spoke to Mr. Johnson on the phone, and I said, it's been six Page 59 March 10, 2009 months, sir. We're happy to work with you, and as his response to me was, well, we don't owe it and we're not going to do anything until we talk to the board. And I'm comfortable with that position, but the direction we had was that we were to sit with them and offer them our services, and they haven't really taken us up on that. As far as the Whippoorwill access, that's, as they've -- that proverbial, 25 pounds in a one-pound bag. You've got so much traffic, and that intersection is not designed to handle that traffic. And when all those developments that are now half vacant down Whippoorwill come on line -- and I still get calls, people from the prior condition that said, I can't get out in the morning on that left turn. We need dual left turns there. So we did that modification. It's expected to connect to Livingston in the future on the south side. We already have the design plans and the right-of-way in place. That intersection will be a problem some day. Now, when we did the initial traffic study, it was a year and a half ago. No one expected the downturn to occur the way it did. So we came to the board and you asked us, in the interim, could we open that median. The answer was yes, we have the design plans ready to go. And you said, as soon as that PUD comes into compliance, please open the median. So we're happy to comply. If the direction is for the board to let us open the median early in advance of them proposing or giving us information why they do not have to provide any fair share or the lighting, then that's fine, too. But at this point in time, we've done everything you've asked us to do, so we're kind of at your discretion. COMMISSIONER HALAS: How long is this amount of money -- I think it's $55,000. How long has that been owed to the county in regards to -- from this PUD? MR. CASALANGUIDA: This goes back to 2001 when the signal was changed, but there's memos going back to when my Page 60 March 10, 2009 predecessor, Ed Kant, worked here that said they were going to stop the monitoring process for this PUD, and there's a note in the file that says, no, they still owe the fair share. Now my understanding is, they haven't submitted a monitoring report in five years, four or five years from the PUD itself. So PUD monitoring wasn't in the cycle as well. So when we did the audit of that PUD, that's when this came up. So it's been quite a bit of time. And we're finding a lot of these older PUDs as we've done some aggressive monitoring through the County Manager's Office and direction that these are going to come up. You're going to find outstanding commitments, and we notify them. Some respond, some don't. COMMISSIONER HALAS: Thank you. MR. JOHNSON: We were never notified from 2001 till after October 15,2008, that's true. We were never notified. MR. CASALANGUIDA: I don't know that because the PUD monitoring records back from 2001 show that you were. Maybe you weren't the owner at the time or you weren't the person notified. But I can tell you, sir, for six months we offered to sit with you and look at any fair-share calculations, any documentation, and the response we received was, we choose not to. MR. JOHNSON: We asked for you to prove that we own responsibility of the developer. And the documents you sent us says developer. We're not developers. MR. CASALANGUIDA: Understood. MR. JOHNSON: Bernard Dudley was the developer. We're owners of separate parcels. You have not come forward with that. You know IHOP has shut down now. They went out of business. You know Waffle House went out of business and the parent company had to take back over? All because of this. I mean, it's a direct -- it's a real serious problem. MR. CASALANGUIDA: I don't -- I disagree, because you have Page 61 March 10, 2009 good access off of Pine Ridge. I don't think the reason -- I think the economy shut down a lot of businesses. MR. JOHNSON: No, sir. It doesn't -- not -- no, sir. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Mr. Johnson, how do you propose that we validate what our staff is saying as far as the charges? MR. JOHNSON: We -- from this document, which is the original PUD document that talks about developer, we've had two lawyers read it, the entire document, and our association. There's nothing in here that says that we assume responsibility. There's no assigns in this document. There's nothing in here that says we assume responsibility of future development of turn signals and lighting. It does say that in there, but it says developer. It doesn't say owners. Now, I've asked them if they could give me a piece of paper. I showed it to my lawyer -- COMMISSIONER HENNING: So we're beyond that point of trying to validate it? MR. JOHNSON: Well, if they'll tell me that if we assumed the responsibility of the developer with -- a document that says that we assume that as owners, we would be happy to pay. I mean, we have no choice. We have no choice. COMMISSIONER HENNING: Let me just ask the county attorney on PUDs, if -- whether it be residential or commercial, who owns the responsibility of what's in the PUD ordinance? MR. KLATZKOW: Now, I haven't looked at this one, but in general what we've been doing is that the obligations have been running with the land, so that for residential, for example, we've been requiring homeowners associations at times to take care of the developer obligations. I don't know the particulars of this particular PUD, but in the past, we have taken that position. COMMISSIONER HENNING: Madam Chair, would it be fair to direct the county attorney to take a look at this PUD ordinance and Page 62 March 10, 2009 give an opinion to the Board of Commissioners on where the commitments lie? CHAIRMAN FIALA: Other commissioners, how do you feel about that? COMMISSIONER COYLE: I agree. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Does that sound fair? MR. JOHNSON: That sounds fair. CHAIRMAN FIALA: And then if he finds that the money is owed -- MR. JOHNSON: We can sit down with him and discuss our proportionate share. CHAIRMAN FIALA: And then once you all come up with your proportionate share, then we will open that median. MR. JOHNSON: Well, here's the problem I have with that. I can cut you the check today for my proportionate share, and I'm sure Pantry could and so could Best Western, so could the Spinnaker Inn and the Shell and the Burger King, but the company that went out of business, IHOP, I don't know. And as far as Waffle House corporate, I don't know. There's a few of them that I don't know if they're going to come up with their share right away readily. While the season is fleeting away, we need the left-hand turn. COMMISSIONER HENNING: I think we can work that out, Mr. Johnson. MR. JOHNSON: Ifwe can just get our left-hand turn -- if we owe the money, we'll pay it. I'm on record. Those guys know that we'll have to pay it if we owe the money. There's not -- there's no-- we're not trying to get out of the money. We've asked diligently, you know. So by saying, get all the money -- the 55,000, which they're saying is our share -- to get all the money before you'll do the Page 63 March 10, 2009 left-hand turn, I don't think that's fair. It's not -- we need it expediently to get it, and we're not going to -- we're not going to run away from it. If you give us the left-hand turn, we're not going to say, oh, we're never going to pay you. No, we'll pay. Ifhe proves -- if the attorney proves that we owe it from our PUD -- COMMISSIONER HENNING: Mr. Johnson, the issue with IHOP, or whatever closed businesses is down there, I'm sure our staff can overcome those hurdles, okay? MR. JOHNSON: Okay. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I would think that the staff of DOT has already probably looked at the clarification of the language in that PUD, but I look forward to finding out what the county attorney has to opine on probably the second or third time around. So I think that's where we need to go, and then hopefully you can bring that back at the next meeting -- MR. KLATZKOW: Yes. COMMISSIONER HALAS: -- and we can make a determination what to do. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'll just be brief. I understand the problem that exists here and the difference of opinion, and I have no problem with the county attorney looking at it; however, with that said, I fully expect that they'll come up with a mechanism within the development itself to be able to finance this particular amenity that's going to take place. If we're going to make an exception in this case, we better start making them for everybody else out there, too. There has to be some real good rationale of how we're going to proceed on it that's going to make this an exception to it. But by all means, go ahead and study it. MR. CASALANGUIDA: Commissioners, for the record, I want Page 64 March 10, 2009 to make sure I'm fair and honest as well, too. I want these people, while they're here -- and Mr. Johnson to understand that as those developments on Whippoorwill fill up, that most likely, when we make that connection to Livingston, most likely we'll be closing that median again. So I want to make sure that I tell you that we'll come back to this board if that's the direction of the board, and we'll do the traffic analysis, we'll take the realtime counts. But as that traffic grows and those developments fill up and they back up through that intersection, that most likely we'll be closing that median again, and I want to make sure that that's on the record. MR. JOHNSON: Well, the next speaker, you're going to have an issue with the church and Avow Hospice. You have an issue. MR. CASALANGUIDA: Understood. And that's something we deal with. But I want to make sure that as traffic grows, we'll come back to the board and show you why we originally went with that assumption. MR. JOHNSON: Dealing with it is not sending the police down there to give U-Turn tickets, which is a shame. That was shameful. MR. CASALANGUIDA: We didn't do that. MR. JOHNSON: Well, somebody did it, somebody did it. That was just a shame. They're destroying the business and so they never come back, you know, having $150 ticket for a U-Turn. CHAIRMAN FIALA: Now we have an 11 o'clock time certain; is that correct? MR. MUDD: Yes, ma'am, we do. MR. JOHNSON: Thank you very much. Item #10A REVIEW OF THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR Page 65 March 10, 2009 REVIEW IN 2008 IN ACCORDANCE WITH ORDINANCE NO. 2001-55. COMMITTEES INCLUDE: BAYSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE; LEL Y GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE; RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE; V ANDERBIL T BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE; AND BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD. (MIKE SHEFFIELD, ASSISTANT TO THE COUNTY MANAGER) _ MOTION TO CONSOLIDATE THE BA YSHORE BEAUTIFICATION MSTU UNDER THE CRA - APPROVED AND SERVES A VALID PUBLIC PURPOSE; MOTION FINDING THE LEL Y GOLF EST A TES BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE - APPROVED; MOTION FINDING THE RADIO ROAD BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE - APPROVED; MOTION FINDING THE V ANDERBIL T BEACH BEAUTIFICATION MSTU SERVES A VALID PUBLIC PURPOSE - APPROVED MR. MUDD: And the 11 o'clock time certain, all the commissioners have had every one of these reports that are going to be briefed on by their chair people as far as the read-ahead and as part of the item. And so at that particular juncture, let's start our 11 a.m., which is Item 10A. What I tried to tell the folks that are up for public petition is, this should go fairly quickly as far as the board is concerned, because they already know what issues they have in the MSTUs. So don't lose patience as we -- as we move through the public petition process. This item is 10A. It's to be heard at 11 a.m. It's to review the written and oral reports of the advisory boards and committees scheduled for review in 2009 in accordance with ordinance number 2001-55. Page 66 March 10, 2009 Committees include the Bayshore Beautification MSTU Advisory Committee and the Lely Golf Estates Beautification Advisory Committee and the Radio Road Beautification Advisory Committee and the Vanderbilt Beach Beautification MSTU Advisory Committee and the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. CHAIRMAN FIALA: Mr. Michael Sheffield, Assistant to the County Manager, will present and introduce those people. MR. SHEFFIELD: Thank you. Mike Sheffield from the County Manager's Office. Your advisory committees are up for review every four years on a rotating schedule in accordance with ordinance 2001-55. These reviews allow you, the board, the opportunity to determine whether to abolish, continue, consolidate, or modify your advisory committees. You will be reviewing eight committees, four today and four at your March 24th meeting. The written reports are included in your agenda packet. After each presentation, it is requested that you make a recommendation to either accept the committee's report or to propose any changes that you would like to see happen with that committee. And if there are no questions, we'll begin. The first speaker is Bill Neal representing the Bayshore Beautification MSTU Advisory Committee. MR. NEAL: Good morning, Commissioners. Good seeing all of you agam. I am the chairman of the MSTU, but better known as mayor of Bayshore, and here just to report to you that things are going just fantastically well in our area, and I hope you've had a chance to read the report. And unless there's further questions, we could go from there. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, I would like to recommend approval of the recommendations of the committee to Page 67 March 10, 2009 combine the staff functions of the MSTU under the CRA itself, and also find that the organization is performing a valuable function and should continue to stay in existence -- CHAIRMAN FIALA: Okay. And I second that motion. COMMISSIONER COYLE: -- with that modification. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah, I agree with the motion, but what about the improvements on Bayshore, like special lighting? They're going to take over the maintenance of that? I mean, the lighting is above and beyond the standards of the county. MR. NEAL: May I answer? CHAIRMAN FIALA: Sure. MR. NEAL: We are -- we are maintaining the lighting as we speak, the MSTU, and we'll continue that. And as we do our extension down south Bayshore, which is coming up -- we're putting in more lighting. Hope you'll drive down soon and take a look at how much we've done. So yes, the MSTU will take that expense, as we're doing now. COMMISSIONER HENNING: Okay. MR. NEAL: Fair enough. CHAIRMAN FIALA: I think Norm Feder has a comment on this also. MR. FEDER: For the record, Norman Feder, Transportation Administrator. We're fine with the recommendation. I think we'd like some guidance on how you'd want that transition. As you know today, some of our staff -- and we just recently assigned a new staff member to work with them -- are working with them while we're doing the fiscals, and we'll be happy to transfer that over to the CRA. The other question I did have for the board's consideration is, when that MSTU was formed, there was a provision to get it moving and to address some of the issues of 40,000 a year out of our maintenance budget that was provided to the MSTU. Is that to be Page 68 March 10, 2009 maintained with the MSTU or by this combination of the CRA and MSTU staffing? While we return all the funds that we collect to manage it, do we also have that $40,000 come back to our ongoing maintenance activities around the county? MR. NEAL: Well, Norm, I certainly thank you for your remarks. This is a new issue that has not -- although we've coordinated some of these discussions with the county, this is something new that's come up. This was an arrangement we made many, many years ago because the county was not maintaining -- no reflection on the present folks concerned -- was not the maintaining the medians. And all we asked for at that time was what the fair share was available for Bayshore, that the county would ordinarily spend, and we said we'd like that included when we had the MSTU, that we'd take care of it. I don't -- I don't want to argue the issue. I'm just saying that was the agreement we made years ago, and I don't see a reason to change that. MR. FEDER: And again, Bill, you're correct. I didn't mean to surprise you with it. Obviously it was before any of this board or myself were here when that got formed. Well, no, not before your involvement, of course. MR. NEAL: Ifwe had the approval, I'd be happy to continue some more discussions with Norm on this issue and see if he'll agree to my wishes. CHAIRMAN FIALA: He needs direction from us. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think what we've done is really take action on only one issue, which is to consolidate the administrative support of the MSTU with the CRA. Any other changes, I think, would -- should come before us as a separate item, and we will -- we could consider the merits of those changes at that time once we hear from both the advisory board and the staff. But what we've done -- I mean, the motion that has just been made deals Page 69 March 10, 2009 only with the consolidation. CHAIRMAN FIALA: Any further discussion? (No response.) CHAIRMAN FIALA: The motion is on the floor made by Commissioner Coyle, seconded by Commissioner Fiala. 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: Very good. That's a 5-0. MR. NEAL: Thank you so much. MR. SHEFFIELD: The next speaker is Bob Slebodnik representing the Lely Golf Estates MSTU Advisory Committee. MR. SLEBODNIK: Good morning. In the 1980s the citizens of our community voted to tax themselves in order to generate funds for landscaping improvements. Today with these tax funds we have landscaped and maintained two entrances, St. Andrews Boulevard and Doral Circle, 1.8 miles of medians, four cul-de-sacs and approximately four miles of road right-of-way. Over the last four years we have accomplished the following: Installed new irrigation or updated the existing irrigation throughout the system; 95 percent of the water we use for irrigation is reclaimed water; renovated the St. Andrews Boulevard with new signage, lighting, plant materials, and flag poles which were destroyed by Hurricane Wilma; renovated Doral Circle entrance with new landscaping, signage, lighting, and irrigation; refurbished medians Page 70 March 10, 2009 one, two, and three on St. Andrews Boulevard and the road right-of-way with new plant material; 11 decorative lamp posts and decorative benches -- this project was partially funded by a $69,800 grant received from the federal government -- finished installing the sidewalk which Lely Development Corporation failed to complete. Our MSTU applied for a federal grant and received $10,800 to complete the sidewalks; installed new signage and solar lighting at the foot of Augusta Boulevard and Forest Hills; refurbished the landscaping and signage at the entrance to Pinehurst Estates. There were two areas we wanted to improve and could not because of lack of access to water. The area where the Hibiscus Golf Course property abuts against Pebble Beach Boulevard near the golf cart cross-over path and both sides of Forest Hills near the Royal Palm Country Club. We met with the golf personnel and worked out an arrangement by which we would allow us -- they would allow us to tap into their water system. We agreed to install the irrigation and plant material and maintain these areas on a weekly basis. These two eyesores are now gone. Allen Cooper, the general manager of the Hibiscus Golf Course, has always cooperated with us and worked together in solving problems. As far as ongoing projects, the projects which we were -- started in 2007 and continue into 2008: Number one, we installed an electronic monitoring system for the irrigation. We -- we're starting to replace the very tall palm trees that we have. We started with replacing carpentaria palms and replaced them with foxtail palms in medians one through 19. This involved a total of 114 new foxtail palms. We made Doral enhancement -- Doral community entrance enhancements, new landscaping in front of the old wooden fence. The -- this is an ongoing project as we speak. The fence has been Page 71 March 10, 2009 replaced, and the landscaping is now being installed and should be completed within the next ten days. We approved funds for road right-of-way landscape design into the Doral community. We were criticized a couple of years ago for not doing enough for the Doral Circle community. People got the impression that we were devoting most of our effort to the St. Andrews entrance, so we told them that we would -- we would do a similar thing with the Doral entry, and that project is now in the design stage. It has taken us approximately six years to modernize and refurbish entrance medians, cul-de-sacs and road right-of-ways with new, improved lighting, plant material, sidewalk, benches, and an electronic irrigation system. By the end of this year, we hope to complete our major projects. All of this was accomplished with the willingness of our citizens to tax themselves and generate dollars for community enhancement. At the annual Lely Golf Estates Civic Association meeting on February 24th, residents told us how pleased they were with the appearance of the community. Soon we will enter a maintenance and placement mode. It has taken us a long time to get to this point. At recent board meetings we have discussed rolling back the millage rate; however, before we do this, we agreed to build up a disaster fund to provide necessary dollars to recover rapidly from a flood or hurricane or whatever the case may be. At our December board meeting, we authorized our landscape architect, Mike McGee, to provide us with an inventory of what we have and what it would cost to replace everything if a disaster occurred. This information will allow us to establish a line item in our budget and begin to build a disaster fund. The next step will be to lower our millage rate. When I gave the four-year review in 2005, one of the Page 72 March 10, 2009 commissioners -- I believe it was Mr. Halas, but I'm not sure -- asked me if there was anything they could do for our committee. I said we needed help in solving three stormwater drainage problems. Number one, repairing the stormwater drains behind the homes on Pebble Beach Boulevard, which are on Hibiscus Golf Course. These 18-inch diameter pipes were 35 years old and were failing. This was done in 2005 and 2006 at the cost of approximately $200,000. At that time Ricardo Valera was the stormwater management chief, and one of the commissioners directed him to meet with me. We met after this meeting, and that's how we got the problems moving forward. The second problem was to repair stormwater grates and the stormwater drains which run under St. Andrews Boulevard. Design work was started in 2008. Last summer when Tropical Fay -- Storm Fay dumped 10 inches of rain on us, one of the two 18-inch diameter storm drains under St. Andrews Boulevard collapsed. Water backed up and flooded the community. A temporary fix was done in October, 2008. The contract for a permanent fix was awarded by the Board of County Commissioners on January 27th of '09 for approximately $138,863 to Haskins, Incorporated. The notice to provided is expected by March 16,2009. The new design has three 18-inch diameter pipes and a new curb drop system designed to increase the movement of water. The third thing was to improve the drainage on U.S. 41 from the St. Andrews Boulevard to the main Lely Canal, and that's one that is still ongoing. In conclusion, our board would like to thank you, the county commissioners, for their support in our beautification projects. The county people we work with are great. Michelle Arnold, Darryl Richard, and Tessie Sillery are the three people we have the most contact with. They do a fine job, and we appreciate all their efforts. Page 73 March 10,2009 I invite you to drive through our community, and I think you will be pleased with our beautification efforts. If you would like a guided tour -- and I've given several guided tours to a number of people, Donna Fiala being one of them -- please call me. CHAIRMAN FIALA: Thanks so much, Bob. Excellent report. MR. SHEFFIELD: The next speaker is Dale Lewis, rep- -- MR. MUDD: Before you go there, Commissioner, can I get a-- COMMISSIONER HENNING: Madam Chair, I make a motion that we find that the Lely MSTU -- Beautification MSTU serves a valid public purpose. CHAIRMAN FIALA: Thank you, and I'll second that motion. 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.) MR. SHEFFIELD: The next speaker is Dale Lewis representing the Radio Road Beautification MSTU Advisory Committee. MR. LEWIS: Good morning. I'm Dale Lewis from the MSTU Radio Road. My vice-chairman is here, Betty. And I hope you reviewed my report, and I'm here to answer any questions you may have. COMMISSIONER HENNING: Madam Chair, I make a motion that we find the Radio Road MSTU Beautification a valid public purpose. CHAIRMAN FIALA: I'm sorry. COMMISSIONER HENNING: Also I would like to state, the MSTU has come to me and asked, due to citizens' outcry to expand Page 74 March 10, 2009 the MSTU, and I know that would please a couple of my colleagues about having MSTUs pay for median landscaping. We're going to be dealing with this issue over the next few weeks and maybe bring something back to the board to consider. CHAIRMAN FIALA: Great, great. May I have a second to his motion? (No response.) CHAIRMAN FIALA: I'll second the motion. 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. MR. SHEFFIELD: And the last speaker today is Dick Lydon representing the Vanderbilt Beach Beautification MSTU Advisory Committee. MR. LYDON: Good morning, ladies and gentlemen. As the man said, I'm Dick Lydon. I'm chairman of that M -- VB MSTU. And this morning I'm going to tell you that we are continuing to maintain Vanderbilt Drive with our money while the general fund pays for the majority of the streets of the city. I usually have a few caustic comments to make as a result of my report, but I'm going to pass on the comments relative to the sunshine law, the county charging the MSTU for staff and the municipal county funds being expended in Vanderbilt Beach, and I'm going to dispense with that, because I need your help. Our MSTU will be commencing construction of the electrical cable and telephone utility line burial, and it was discovered that our Page 75 March 10, 2009 existing ordinance governing the MST (sic) needs to be amended in order to fully execute that mission. We've been in discussions with the County Attorney's Office, and they understand what we need to have modified. We request that the BCC authorize the county attorney to amend the Vanderbilt MSTU to allow the ability to execute all expenditures necessary to complete the utility burial project. I would be pleased to answer any questions or accept any comments. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. First of all, Dick, thank you for being the chairperson for such a long period of time on this Vanderbilt MSTU, and all the other people that serve on it. I believe that we've been working with Scott Teach in regards to getting that ordinance changed to bring forward to the Board of County Commissioners. One of the questions I do have though is that you're concerned about the continuing charge that the county charges for this MSTU, and maybe I can have someone from the county relate why we have a charge so that hopefully everybody has an understanding that we try to be fair to all the MSTUs that are in existence. Michelle? MS. ARNOLD: For the record, Michelle Arnold, Alternative Transportation Mode Director. The staff time that is put in place to assist for running the meetings, getting projects going, soliciting for contractors -- in this particular case, we do have a project for the burial, so we worked with the MSTU to get them all of the various contractors and make sure that all the meetings go in accordance with that. And the staff time is charged to each MSTU. I would like to say that we probably charge them less than the time that we actually put in because staff works pretty hard to make sure those meetings get Page 76 March 10,2009 executed correctly and that all of the work that they need to get done is done timely as well, so -- COMMISSIONER HALAS: Can you tell me what that MSTU is charged? MS. ARNOLD: I think in this case it's about $23,000, but I'm not sure the exact amount. I think it is in the chairman's report that -- the amount that we charge. MR. LYDON: It used to be 25-, Frank. We've negotiated it down to 23,4- now. COMMISSIONER HALAS: You've done a great job. MR. LYDON: That's a very sore point. We kind of think that since we're putting our money into upgrading our neighborhood in order to make staffs duplicate higher, that maybe that ought to be county expense. But we'll not argue that. We'd just like to have you work on this because we want to get those lines buried up there in Vanderbilt. COMMISSIONER HALAS: The other thing I want to say is that this is a very visionary MSTU in that they realize the importance of burying the power lines, and I can tell you that this is a huge undertaking, and I think it's estimated -- correct me if I'm wrong -- around $6 million? MR. LYDON: That's the best we've seen from FP&L so far, and we have managed to get a fairly decent amount of money in our kick to pay for it. We're trying very hard to pay as we go. As some of you who may remember my being involved in the beach committee, I am not going to bond anything. COMMISSIONER HALAS: Good for you. But I could say that hopefully that we'll see this to fruition the day that we get all the power cables up there buried up in that MSTU. And also, are you -- not only do you take care of the Vanderbilt Drive for beautification, but do you also take care of Gulf Shore Drive and Vanderbilt Beach Road and Ill? Page 77 March 10, 2009 MR. LYDON: Those are -- those areas are pretty well maintained by the property owners. COMMISSIONER HALAS: Okay. MR. LYDON: We do obviously have concern for all of them and work on it. We've been working with parks and rec on the turnaround at the north end if they need a little beautification help or something of that kind. In other words, what we're really after is making Vanderbilt a place that we can be proud of. COMMISSIONER HALAS: One of the other attributes that recently is in the Vanderbilt area is the two bridges that the MSTU is involved in, the pedestrian and bicycle bridges so that people don't have to end up being on Vanderbilt Drive. MR. LYDON: Now if we get a new bridge across the river, we'll be in great shape. COMMISSIONER HALAS: It's coming. MR. LYDON: So is Christmas. It took seven years to get those two bridges. COMMISSIONER HALAS: I can assure you it's going to be there. I make a motion that we approve the Vanderbilt Beach Beautification MSTU, and I feel that they are a great community servIce. COMMISSIONER COLETTA: Second. COMMISSIONER COYLE: Does that include doubling the MSTU tax rate? MR. LYDON: How about a little salary for the chairman? CHAIRMAN FIALA: I have a motion on the floor by Commissioner Halas and a second from Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 78 March 10, 2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) MR. LYDON: Thank you very much. CHAIRMAN FIALA: Thank you very much, Dick. MR. SHEFFIELD: Thank you. CHAIRMAN FIALA: Thank you. Item #6B PUBLIC PETITION REQUEST BY DR. JAMES ODOM TO DISCUSS CLOSURE OF DUDLEY ROAD AND RESULTING HARDSHIP TO SEAGA TE BAPTIST CHURCH AND SCHOOL - MOTION TO OPEN MEDIAN - APPROVED MR. MUDD: Commissioner, that brings us back to public petitions. The next public petition is a request by Dr. James Odom to discuss closure of Dudley Road and the resulting hardship to Seagate Baptist Church and school. Dr. Odom, if you could please come forward, sir. DR. ODOM: Commissioners, I'm Dr. Odom, Seagate Baptist Church. First of all, I want to thank you for a job that you do well here in the community. I've been in the community since 1971; been in our present site since 1984 there on Whippoorwill Lane. We have a video or DVD or something we want to show here. (The video is being played.) "Here we are at 1010 Whippoorwill Lane where at Seagate Baptist Church we've been forced to put up barriers overlooking this Page 79 March 10, 2009 U-Turn area just shy of where the concrete bullhorn has been placed up there toward the entrance to Whippoorwill, which then passes the Dudley Drive road. "Here you can see the median where it's been virtually destroyed. This used to be full of grass, and because of all the U-Turns and the various barriers it had to put up, which have done little to no help, it's destroyed this entire area." (The video was restarted.) "Here we are at 1 0 1 0 Whippoorwill Lane where at Seagate Baptist Church we've been forced to put up barriers overlooking this U-Turn area just shy of where the concrete bullhorn has been placed up there toward the entrance to Whippoorwill, which then passes the Dudley Drive road. "Here you can see the median where it's been virtually destroyed. This used to be full of grass, and because of all the U-Turns and the various barriers it had to put up, which have done little to no help, it's destroyed this entire area." MR. MUDD: Don't give up sir. We're going to try one more. DR. ODOM: I'm sorry for the technology, you know. While they're doing that, let me just say that this is giving you an idea of what's happening down the road from Dudley Drive in the entrance of our church, and you'll see that. (The video is being played.) "-- at Seagate Baptist Church overlooking this U-Turn area just shy of Page 80 March 10, 2009 where the concrete bullhorn has been placed." DR. ODOM: We had two of those. Do we have the other one? Okay. (The video is being played.) "Here we are at 1010 Whippoorwill Lane where at Seagate Baptist Church we've been forced to put up barriers overlooking this U-Turn area just shy of where the concrete bullhorn has been placed up there toward the entrance to Whippoorwill, which then passes the Dudley Drive road. "Here you can see the median where it's been virtually destroyed. This used to be full of grass, and because of all the U-Turns and the various barriers it had to put up, which have done little to no help, it's destroyed this entire area. "Here you can clearly see where the manhole has been damaged due to all these U-turns, and the drainage has been affected. Here's a still photo which more clearly illustrates exactly what we're tempting to show. "Now here you see this large electrical truck which needs to get into the area but it doesn't know where to go, so it slows down and finally pulls up into this area unsure where to go. It waits here for just a moment till it decides that it needs to pull all the way in, in order to make a U-Turn because there's nowhere to go. "If our barriers weren't here, he would Page 81 have, no doubt, turned and attempted to use our parking lot for a U-Turn. "Now here's another SUV that chose to make a U-Turn. Still see the electrical truck in the background, that makes a U-Turn right there in front of our area. And now here's this -- this van has its blinkers on. It has its hazards on because it's not sure where to go. It would have turned here, but it saw our cameras, so it continued on past the barrier. And you watch as it continues to go all the way down to the end. "And when it does finally make a U-Turn -- pay close attention to the road -- it overjumps the median, so now it's destroying the median at the end. So now both the sides of our entrance medians are being -- dealership. "And before you think that, well, maybe it's going into the Nissan dealership, it's actually going to come around. We'll see that in a moment. "But watch this white SUV as we catch it in the far corner, it cuts a U-Turn, followed immediately by this vehicle. How safe is that? If that vehicle had been any faster, the one that just came, there could have been a collision right there. "Now here's this Winnebago coming out, because it had nowhere to go, so it needed to turn around because it needs to get to the gas station. That's actually where it ended Page 82 March 10,2009 March 10, 2009 up going. It went to the gas station. "Now here, watch this van with a trailer. It needs to make a U-Turn. This is most profound right here. This is the most impactful. It pulls up into here, immediately obstructing the Nissan parking lot exit. Watch this gray truck in the background. While the white van's looking for a way to turn, the gray truck is now stopped. He cannot go anywhere because of this white van. "So now you have a pile-up of two vehicles. So here we have two. Count them with me, two vehicles. And then finally this yellow vehicle, now three vehicles, makes a U-Turn right in front of us, boldly, amidst all this chaos, one, two, three, four, five vehicles. It made a U-Turn, now the white van makes a U-Turn. It's freed up the Nissan dealership. All of this knot is just a complete formula for disaster. "Now watch. This vehicle's backwards. This vehicle actually came in the opposite direction. " (The video is completed.) DR.ODOM: He turned left at Dudley is what he did. I think you can see some of our dilemma. We believe that this has created an imminent danger in our community for the residents as well as traffic that comes off 1-75, especially people who don't know where to go and turn into this exit area. And the road has directly affected us. Our parking lot has become a turnaround. We've had tractor trailers -- as a matter of fact, Page 83 March 10, 2009 the other night we had a fellowship on a Friday night, and aU-Haul truck came in pulling a trailer with a car on it and attempted to go around; we had to stop him. He went to back up. Some of our children were out there, and he almost ran over one of our children. Then the following day or week another U-Haul trailer came in, a truck pulling a trailer, and he tried to go under our underhang, and I had to stop him and tried to tell him, and he said, I don't speak English, don't speak English. I said, pardon de mi, Senior. Turn around, back up. I had to lead him back so he could get out without tearing out our lights and everything. This has caused a hurt to our ministry. We had to put barriers up. People think that because we have this, we're not in business. They wonder what's going on. It has created havoc to the property and to the area. You saw some of the damage it's created, the danger that's been involved when cars make the U-Turn. If we had not had the barriers there, they would actually come into our property. When you shut the lane off, when you shut that road off, you directed all the traffic off Whipp- -- off Pine Ridge/Whippoorwill into the left lane of our property. We put signs out like this on poles on the grass, they ran over them, and then we put them down on the barriers, and they ran over them. We paid several dollars for this, 50 -- I don't know what it was. We had several of these, and they've been destroyed, trying to help them to know this was not a turnaround and the danger that was involved there. You know, I know the crises that these business owners are going through, but I'm telling you, you need -- we appeal to you. You need to open this road back up. You need to do something immediately because somebody's going to get hurt. And I'm afraid that Collier County may be held responsible because of being -- directing the traffic into our property and people not knowing where to go, people trying to turn around. Page 84 March 10, 2009 And they don't -- they don't mean to do that, but they're being directed this way, and because of this and these U-Turns, the traffic's backing up. People have asked me down the road there, what's going on? What's this all about? Now, when they made the left-hand turn, or opened it, I said to Rick and some of the others that basically a simple stop right there at Dudley and Whippoorwill and the road, putting do not block the intersection, will take care of that. And I appeal to you, we need your help for the safety of our families and our children and what's going on in this community. Let me just say this real quick. I've been there long enough when you, the county, said years ago, we're going to take Whippoorwill all the way down and take it to Livingston, you said that almost ten years ago. It's not been done. And this gentleman said, when it picks up, we're going to close it back if we open it. What you need to do is take the road down to Livingston and that will eliminate a lot of the problems. Thank you very much, and we appreciate your time, and we appreciate your consideration in this matter. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Question I have for our staff. I understand what we're trying to do at this location. If we opened that up, is that opening large enough for tractor trailers to make a turn into the gas station or people who have RVs and are bringing a trailer behind, whether it's a car in tow or a trailer in tow? MR. CASALANGUIDA: For RVs, for tractor trailers -- tractor trailers might be a WB50, which is a term we use, might be excessive. But that median opening will accommodate most vehicles. And we have the design plans ready. It's -- we've worked with the pastor and talked with him a little bit. We have no real disagreement with opening it up in the interim. Like I said before, you're going to have an issue there. It's a matter of time. Page 85 March 10, 2009 It's not that our staff or anybody else at one point in time made a mistake. I think the mistake is, a lot of development's been approved, and the way this whole concept is designed, it's a tight intersection with a tight throat length that makes a lot of turns in a very tight area. And so our recommendation was to open it in the interim, and the board agreed with us. It was the other petition we talked about was the reason we haven't done it yet. Once it's opened, I think this will be relieved. And I think -- I'd like to propose working with the church to see if we can, at some point in time, when we need to close it, if we do, providing a safe U-Turn area in front of them, maybe working with them on the right-of-way or what we need to do. So I think right now we're waiting on the other equation to formulate based on the prior public petition, and as soon as that -- or based on the decision you make on this public petition, we can solve it really quick. COMMISSIONER HALAS: My other question that I have is that really when this PUD was designed, it was -- there really wasn't any forethought put into this because where Dudley Road is, it's very close to Pine Ridge; is that correct? MR. CASALANGUIDA: It's too close to Pine Ridge. COMMISSIONER HALAS: And so if you have traffic making a left-hand turn off of Pine Ridge onto Whippoorwill, the end result is that if they can't make that turn into the gas station, then they start backing up traffic on Pine Ridge, correct? MR. CASALANGUIDA: The issue with that -- and the video doesn't take into account the morning traffic, when it backs up past the Dudley Lane (sic) entrance. If they adhere to the do-not-block design that we're proposing to put down and they keep that median opening, then we won't have that opening. Our concern is, if traffic in the morning is trying to make that left out of there, the dual lefts, if you see it on morning video, it backs up quite a bit. Then we would monitor that, and if it does happen, we'll Page 86 March 10, 2009 come back to the board and we'll have the analysis and we'll show the video and we'll do everything we need to make sure we've given you all the information you have to make that decision, but then we'll recommend that closure if it becomes a problem. DR. ODOM: Well, they have been -- let me just say this: They have been -- there has been very little problem concerning that backup. But, you know, I -- when I learned to drive, I was told never -- when you come to a stop sign, you don't block an intersection, you know. So put a stop sign there if you need to. COMMISSIONER HALAS: The problem is, people run stop signs in this community. DR. ODOM: I understand that. But I'm saying, even that square thing he's talking about, you know, all of this happened because of Nissan. And I talked to them when they were in the process of -- with the engineers. What kind of entrance are you going to have there? You know, every -- everybody has to enter, pretty much, Nissan from Whippoorwill Lane. There was no -- he said there was a provision given to them to come off Pine Ridge Road, but they didn't want to pay $750,000 to do it, so they dumped that there. But the biggest problem is traffic coming in pretty much from the interstate or from Pine Ridge Road, and then of course people who live down there that go -- maybe they want to get a hamburger or they want to go to Rick's tire store and get a good deal from an honest man, amen, you know. I mean, really. You know, when they come back, they can't turn left. They've got to go back and make a U-Turn on Pine Ridge, make a U-Turn, which really they probably shouldn't be doing, but they make a -- and I've done that, you know. So it is really a dilemma that we appeal to you. I tell you, I'm so disappointed about what's happened. We just need your help. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I agree that something Page 87 March 10, 2009 should be done, and I'm sure that if you go back there and you study it possibly down the street farther, there might be a better way to handle this the way you post it. But anything we can do -- I hate to see this be delayed another two weeks if there's something that could be done on the short order. DR. ODOM: Exactly, thank you. COMMISSIONER COLETTA: It would be appreciated. DR. ODOM: Because you're talking about -- if you make a motion to move it, you're talking 30 days, 60 days, contracts and all that to get it done. You're talking months down the road. COMMISSIONER COLETTA: I'm talking possibly a simple solution in the way that the streets are posted and the way it's marked off down farther. I don't know what can be done to alleviate it without __ well, I wouldn't even know if I looked at it what would be the best direction. That's why we got transportation. I kind of hope that we can give direction ifthere's something we can do in the short term to alleviate this problem that we might be able to do. MR. CASALANGUIDA: For us to open it up is not a large contract. We can have within -- COMMISSIONER COLETTA: Not to open it up, sir. I'm not suggesting that. The problem is where they're turning. MR. CASALANGUIDA: You know, it's -- other than enforcement, it's, you know, standard practice not to make a U-Turn into someone's private property. You saw some of the vehicles were able to make the U-Turn okay and stay within the right-of-way, and some weren't. So it's not designed as a two-lane road to offer U-Turns to people to go -- COMMISSIONER COLETTA: Could we try that till we get back and be able to come up with a more permanent solution? MR. CASALANGUIDA: That's right. DR. ODOM: If you put a no U-Turn there, it's going to be very difficult. I don't know what's going to happen. And when they don't Page 88 March 10, 2009 do it right, that's why they end up on the sidewalk, that's why they ran over that manhole. That's why they've done that. COMMISSIONER COLETTA: And we do want to open that street, but I'll be honest with you, sir, it's a case of fairness to the whole community out there that have paid the fees that they were required to pay to make this all work. Meanwhile, we can try to expediate it so that we get the correct fees in place so we can make it happen. I agree with you, it is important. But for us to say, okay, we're going to reach into our very limited funds and waive all fees and hope that we collect in the future, we won't collect them. Once we pay them out of our pocket, they won't come back in again. So we've got to resolve this thing in a fair way and equitable way for everybody. But I do feel for what you're going through. Your video was wonderful. It really helped to portray the urgency of the situation. DR. ODOM: Exactly. Well, Nissan, you made Nissan pay for that extension, and you know, I mean, they ought to be involved in this, too. So I mean, you know, something, please. I beg you, I implore you, somebody's going to get hurt, and I don't want it to be on my property. We're here to help people in the community. I've been here 37 years, and we need to do something. Now, I -- you know, I'm appealing to you, and whatever we need to do, we need help so the safety of that community is taken care of. CHAIRMAN FIALA: Nick, do you have another comment to make before -- MR. CASALANGUIDA: Just -- the design plans are ready and we're ready to move on at your discretion, Commissioners. CHAIRMAN FIALA: So, in other words, either we have to pay out of the taxpayer dollars to do that, or the people who are supposed to pay, if they get -- give the money -- you know, get the money to you now, we can get this in motion; is that what you're saying? Page 89 March 10, 2009 MR. CASALANGUIDA: No, ma'am. It's not the money that we're waiting for from them. We've budgeted money to do that median modification with our budgeted annual funds to make modifications. It's a small amount of money, 15- to $20,000. Their fair share is not what's holding us up in terms of that. I think the board's discussion last time was -- DR. ODOM: So in other words, they need to make the decision, the board does? MR. CASALANGUIDA: The board has to make that decision, yes. CHAIRMAN FIALA: So -- just excuse me. So you're saying we need to tell you to spend that 15- or $20,000 to make the median modifications? MR. CASALANGUIDA: Ahead of collecting any additional funds. Those are almost two different items. That money's fair share to the intersection that was promised. There's also a lighting issue. They were supposed to put up some entrance lighting. There're two outstanding items from the Sutherland PUD that were remaining since we last spoke. The issue's been six months. Again, we have contacted them. You're waiting on now a county attorney review on whether they're responsible as the developer or the owner. In talking to Susan Istenes and even -- I've even spoken to Jeffbriefly, but usually commitments run with the land, so that's something we could work out with the PUD owners as we continue forward on this item. CHAIRMAN FIALA: But that's a separate item? MR. CASALANGUIDA: That's a separate item. CHAIRMAN FIALA: Okay. So the item that is going to alleviate some of this traffic problem would be the median modification, and we already have that in the works, and you're just waiting for us to go ahead and tell you to go ahead and do it. Do you have the money? Page 90 March 10, 2009 MR. CASALANGUIDA: We have the money for it. We could do it, you know, to get -- start it probably within a week to get -- get it opened up if you wanted us to. The decision was, from the last meeting was, to make sure that that Sutherland PUD complied before we did that. If you wanted to defer to a later time until a code enforcement action, you could, and that way we could open it up in advance, or you could say, no, I want to make sure that we've figured out that Sutherland PUD issue in advance of doing this. That's the decision that's in front of you right now. CHAIRMAN FIALA: Now, if the Sutherland PUD does not -- if they find reasons to stall it and stall it and stall it and then, you know, claim they don't have to pay anything, can we close it back up? MR. CASALANGUIDA: Well, I wouldn't close it back up. I think at that point in time -- and I talked to Jeff -- you can probably do a code enforcement action against the PUD, so that way these folks wouldn't be caught up in that if that was your discretion. DR. ODOM: Excuse me, Madam Chairman. I didn't mean to interrupt you. I apologize. I just -- you know, if the monies are there, ifit can be done, you know, let's do it, for the community's sake. And then, you know, like Mr. Johnson said, you know, they're going to -- if they owe, they're going to pay. CHAIRMAN FIALA: Well, he's trying to find reasons not to pay. Now he's claiming that it's because the developer owes it and not them. DR. ODOM: Yeah, I was here. I heard that. CHAIRMAN FIALA: Right. DR. ODOM: I apologize. I'm not speaking for him, but I'm just saying, he did say here publicly that if he and the other property owners are liable, they will take care of it. CHAIRMAN FIALA: Well, yeah, but then he made, you know, some caveats to that as well. DR. ODOM: Yes, ma'am. Page 91 March 10, 2009 CHAIRMAN FIALA: So, Commissioners, what do you to do at this point in time? COMMISSIONER COYLE: Fix it. DR. ODOM: Amen. CHAIRMAN FIALA: Okay. So then, may I have a motion to that effect? COMMISSIONER COYLE: I make a motion that you fix it. CHAIRMAN FIALA: Yes, Commissioner Coletta. COMMISSIONER COLETTA: Okay. Commissioner Coyle, if we're going to fix it, do you also want to make a further motion that we start code enforcement actions to make sure we collect funds? COMMISSIONER COYLE: You can't do the code enforcement action until you reach a determination as to whether or not they're legally obligated to pay it. So you've got to separate those two. So I would suggest you deal with the median opening, and if you've got the money to do it, do it. CHAIRMAN FIALA: And then the other part is coming back to us in two weeks, right? MR. KLA TZKOW: Yeah. I'll come back with an opinion, and at that point in time if you want to direct staff to start a code enforcement action, we'll do that, assuming that the opinion is that they owe money. They are two separate issues. CHAIRMAN FIALA: But you're going to first determine if they do owe it? MR. KLATZKOW: Yes, I am, ma'am. CHAIRMAN FIALA: Okay. So-- COMMISSIONER COLETTA: That answered what I had. CHAIRMAN FIALA: So we need a second on this motion. COMMISSIONER COLETTA: I'll give you the second. CHAIRMAN FIALA: Okay. I've got a second from Commissioner Coletta. Do I have any other discussion from board members? Page 92 March 10, 2009 COMMISSIONER HALAS: I just want to know if this is going to take care of the majority of the problem, and if you've got large semi trucks that can't make that turn into the fuel station, where are they going to turn around at? Where they're doing it presently? MR. CASALANGUIDA: Where they're doing it presently or they'll approach the fueling station from the other direction. I know that the fueling -- the folks that own the gas station have worked out an issue with that. DR. ODOM: They come in behind the Nissan, sir. There's a road behind the Nissan that dumps in right there. You saw where the people went up, made the U-Turn. That access comes right off Pine Ridge and around, and that's where the fuel trucks are going now. And for years -- COMMISSIONER HALAS: Is there signage there saying that they can make a U-Turn through that Nissan parking lot. DR. ODOM: Well, they don't make a U-Turn. They turn off Kraft. Kraft has an opening, Kraft development there, right on Pine Ridge Road. There's a turn lane that goes into Kraft. You turn left there and then you go in behind Nissan. There's a road that works its way right around and dumps right into Whippoorwill. COMMISSIONER HALAS: So maybe we need to look at the signage there on Pine Ridge to give people direction how to get to that fuel station and Rick's tire store. DR. ODOM: That's a possibility, yes. COMMISSIONER HALAS: Okay. DR. ODOM: I think the fuel people and Rick and them, too, have probably instructed the people to use that. But for a while when they widened the road, that was the only way we could get into Whippoorwill. COMMISSIONER HALAS: Okay. So I think maybe what we need to do for our out-of-town guests is some way or another come up with some signage so they have an understanding, especially if they've Page 93 March 10, 2009 got a large rig and hauling a trailer or car behind that RV, so that may be another issue that they may have to address. CHAIRMAN FIALA: Any other comments, Nick? MR. CASALANGUIDA: No, ma'am. CHAIRMAN FIALA: Okay. 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: That's a 5-0. Thank you. DR.ODOM: Thank you. Have you a great day. Thank you. CHAIRMAN FIALA: And with that, gentlemen, we will break for lunch. (A luncheon recess was had.) CHAIRMAN FIALA: We're back now from our lunch recess, and what I'd like to do is continue on with our petitions so we can finish them up. Item #6C PUBLIC PETITION REQUEST BY DOUG SMYLIE TO DISCUSS EXTENSION OF SIDEWALK FROM TIMBERWOOD TO WORLD TENNIS CENTER (AIRPORT ROAD) - STAFF TO REVIEW PUD DOCUMENT AND BRING BACK CONCLUSIONS - CONSENSUS MR. MUDD: Commissioner, that would bring us to 6C. It's a public petition request by Doug Smylie to discuss extension of the Page 94 March 10,2009 sidewalk from Timberwood to World Tennis Center on Airport Road. MR. SMYLIE: Good afternoon, and I hope you all had a good lunch. MR. MUDD: State your name for the record, sir. MR. SMYLIE: I'm Doug Smylie, and I'm here as chair of the Canal Walkway Committee at the World Tennis Club. One of our board members, Jordan Nickolson is here with us. And the petition, as you mentioned, is about extending the sidewalk. If you start walking south from the Carillon Place Shopping Center on the east side of the canal, you encounter a beautiful sidewalk that meanders between the east side of the canal and Banyan Woods development, and it goes on past Banyan Woods, as this photograph shows. But then when you get to the Timberwood development, it ends. And, of course, our purpose here today is to seek the extension of this sidewalk down to the entrance to the World Tennis Center. I've looked into the specifications. The sidewalk extension would be 1,420 feet in length, and it would be constructed on the county canal right-of-way of the South Florida Water Management Authority. And for that, a right-of-way application is required prior to construction of a regulation 6- foot wide, 6- foot thick concrete sidewalk to meet the county's specs. To prepare for this presentation, we approached three contractors for bids. The highest bid was 60- -- more than 60,000, the next one 34-, and the lowest bid was 29,000 by a contractor that's done very good work at WTC previously. The range of bids reflects the current economic conditions. It's a good time for building infrastructure. This is emphasized by a story in the Naples Daily News on the Sunday, February 15th edition, reporting that Lee County had estimated the spending of 900,000 on sidewalk construction, but the lowest bid came in at less than 600,000. These are some of the arguments in favor of the sidewalk Page 95 March 10, 2009 extension. The World Tennis Club is a community of360 residences with no external canal sidewalk access. The homeowners of the World Tennis Center pay in excess of three quarters of a million dollars in property taxes annually. And being a Canadian, I couldn't resist to tell you that no snow removal is required. And we pay for our own Waste Management. At a cost of 30,000, the sidewalk extension would be less than 4 percent of our annual property taxes. Sidewalk access would obviously get residents out of their vehicles, reducing pollution, traffic congestion, and improving their health. We saw a couple of presentations this morning where people were overcome by various traffic problems. The final argument is the safety of school children. Children from Timberwood, the World Tennis Center, and other communities go to school together and, of course, they visit back and forth. There's no traffic light at Timberwood so that they would have to cross the busy Airport-Pulling Road and walk down the other side of Airport-Pulling. A sidewalk along the canal away from the heavy traffic on Airport-Pulling would improve safety for everyone. I think I've -- oh, it does come down, okay -- for all school children. So my conclusions are to thank the commissioners for your time and attention. I'm amazed at how many things come up at your meetings and how patiently you deal with them. We, of course, look forward to working together and your financial support to bring the sidewalk extension to fruition. Our property manager is Mr. Ethan Loschiavo, who will be the point of contact for the project. So I'll leave his business card with Samuel (sic) Tucker, Commissioner Coyle's assistance. Thank you very much, and I'll try to answer any questions you might have. CHAIRMAN FIALA: Any questions? Commissioner Halas? Page 96 March 10, 2009 COMMISSIONER HALAS: Yes. If somebody from staff could come forward. Sir, what I'd like to do is -- your presentation was outstanding, and thank you very much for coming today. But I want to make sure that the other financial means may be available to make sure that a certain PUD may have some money that is owed to the county to address your concerns of the sidewalk. So maybe staff could give us some -- enlighten us a little bit. MS. AUCLAIR: Good afternoon, Commissioners. Claudine Auclair, Transportation Planning Department. To answer Commissioner Halas' question, we do some -- we're doing a lot of research through old PUD commitments and going through the process of the audit, and we're finding a lot of PUDs that have outstanding commitments, we believe have outstanding commitments that are not fulfilled and are trying to resolve as many as possible because a lot of them mean dollars to the county. We had -- through the 2006 PUD audit group, the World Tennis Center PUD was part of that 50 PUDs that were audited, and have been found in noncompliance with the ordinance that was approved in 1987 for some fair share of traffic improvements that were due the county and also for sidewalks along the frontage of the property. We did notify at that time the homeowners association of World Tennis Center and got no response, successful response from the association. Staff met on several occasions with Mr. Smylie. We went over the discussions about their wanting a sidewalk, which we do believe is an excellent idea to have a sidewalk because it does give them access to Carillon Plaza, and of course, you need to walk on a safe place; however, they had already been notified that this was an original PUD commitment, that funding would not be -- most likely come from the county if there's a PUD commitment that is still outstanding, that we could not find anything that said that it was either waived or paid for. Page 97 March 10, 2009 So we addressed Mr. Smylie's request, and we also looked at if, in fact, there would be a commitment by the county to do something through the use of pathway funds. There's priority lists that are much __ there's a big priority list that's classified by order of, you know, preferenceness (sic), and definitely this is not in the top priorities of the pathway plan. Again, we did notify them in 2006. We believe there is an outstanding commitment for them to build the sidewalk, and it would be very difficult for us to support using our funding to build a sidewalk. We did some further research. The Timberwood PUD does not have specific language addressing the requirement of a sidewalk. If the World Tennis Center decides to go ahead and build a sidewalk that's missing, we will discuss with pathways to see ifthere's anything that could be done to actually build that missing link, which is very small. COMMISSIONER HALAS: So I guess you're saying that to your knowledge, that there might be some funding coming forth from this World Tennis -- World Tennis Center PUD to address the sidewalk issue? MS. AUCLAIR: That's correct. COMMISSIONER HALAS: My other question is, since this might be in county easement, would we give that easement to World Tennis Center, or how does that work as far as making sure that we can get a sidewalk accomplished once we get the funding, let's say, from World Tennis? MR. CASALANGUIDA: They would apply -- for the record, Nick Casalanguida. They would apply for a right-of-way permit, and they'd work with BCB if it's in the canal easement. We would support that and work with them to get that permit accomplished. COMMISSIONER HALAS: Okay, thank you. MR. SMYLIE: If I could add some further comment. The -- the Page 98 March 10,2009 PUD of the World Tennis Center has a long, complicated history. The original PUD was taken out in 1982 and was revised, I think, in '85 or '87, and then the homeowners association took over in 1997. So we've been working with Maryann Devanas, who monitors PUDs, to work towards a closeout so that we can meet our unfulfilled commitments if there are any, and close the PUD. Now, she offered to have a courtesy audit done, which was recently completed by John Martino, if I have his name correct. And it shows outstanding things like reflective tape on fire hydrants needed and so on. So we're trying to work our way through to fulfill our commitments and close out our PUD. So any help you can give us there, would be much appreciated. Thank you very much. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I particularly don't want to amend our pathways plan that we set forth. There was a lot of public involvement in it. If it is a commitment in the PUD, why don't we work that out, that PUD commitment, to provide the facilities instead of taking on more at this time? CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: From the questions, it appears to me that there is some confusion. Mr. Smylie, you're asking merely to fill in the gap between Timberwood and the World Tennis -- MR. SMYLIE: Correct. COMMISSIONER COYLE: You're not asking the county to build the sidewalk along the World Tennis Club's frontage? MR. SMYLIE: Oh. Well, that was a -- our petition, yes, because it's a community of 360 residences that pay more than three quarters of a million taxes per annum, and the cost of the sidewalk would be about 4 percent of the annual tax revenue. So that would be our request. Page 99 March 10, 2009 On the other hand, the courtesy audit that John D. Martino has just completed last week, he did not mention that the sidewalk construction was a commitment under the PUD. I don't know if that question would have to be settled. In fact, I emailed back Maryann Devanes and John D. Martino to try to get a definite answer to that question. But I guess from my point of view, a community of360 residences without sidewalk access is a bit on the unusual side, especially in view of the tax levels that we're paying. COMMISSIONER COYLE: Okay. Well, I don't want to be argumentative. But your petition says, I wish to petition the county to extend the sidewalk on the east side of the canal from Timberwood to the World Trade Center (sic). MR. SMYLIE: World Tennis Club. COMMISSIONER COYLE: Or I'm sorry. World Tennis -- yeah, I've sort of gotten my states mixed up, don't I -- to the World Tennis Center. So -- but now you're saying you want it from Timberwood all the way south to the southern edge of the tennis center. MR. SMYLIE: Oh, no. The -- the county right-of-way, canal right-of-way land, ends at Grey Oaks, so the sidewalk request would be from Timberwood where it suddenly ends, 1,420 feet to the entrance to the World Tennis Center. COMMISSIONER COYLE: Okay. Well, see that's -- does anybody have this? Would you put this on the overhead, please? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Okay. Now it says, sidewalk gap at Timberwood on this overhead. MR. SMYLIE: Oh. COMMISSIONER COYLE: And that is attached to the county's response to your request and is made part of this packet. So it -- and when you said you wanted to petition to extend the sidewalk from Page 100 March 10, 2009 Timberwood to WTC, I interpret that as meaning that yellow segment there. MR. SMYLIE: Oh, no. The request was the full 1,420 feet. COMMISSIONER COYLE: And that would take it down to the southern end of the World Tennis Center PUD. MR. SMYLIE: To the Grey Oaks boundary, yep. COMMISSIONER COYLE: Okay. Then I would think that the first thing that has to happen -- because the staff is saying there's no doubt that the World Tennis Center is responsible for building the red portion of that sidewalk. MR. SMYLIE: Yeah. COMMISSIONER COYLE: So we need to make a legal determination whether that's true. MR. SMYLIE: Yeah. We're trying to get that question answered, and John D. Martino, the courtesy audit last week, didn't mention that. He mentioned that we may be able to have a seashell pathway or something like that, but there was no -- there was not mention of it being a commitment in the PUD. But the PUD is so complicated, I guess, that it's not there, because the original developer disappeared, and the homeowners association took over in 1997. So we're actually trying, through Maryann Devanas, to get this question cleared up. MS. FILSON: Commissioner Fiala, they can't hear him on the mike. CHAIRMAN FIALA: Oh, I see. What I was just told was, they can't hear you on the mike because you were standing too far away. But that's all right. For the next time you speak -- MR. SMYLIE: Probably I'm finished anyway. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Okay. Then is seems to me that the key question here is whether the World Tennis Center is obligated to build that sidewalk. Page 101 March 10, 2009 MR. SMYLIE: Yes, sir. That's what we're trying to get answered. COMMISSIONER COYLE: We need to get that determined first. Now, does staffhave any proof of this? MS. AUCLAIR: Well, Commissioner, if look at the PUD ordinance that was approved in 1987, Section 5.8 of the PUD ordinance addresses sidewalk and bike paths and says that sidewalk and bike paths shall be constructed to be harmonious with the natural environment of the development. COMMISSIONER COYLE: Which sidewalks? MS. AUCLAIR: That would -- it doesn't specifically address if it's internal or external sidewalks, but it addresses sidewalks in general, and that would -- maybe we can ask Jeffifhe wants to -- COMMISSIONER COYLE: Is this sidewalk on county right-of-way or is it within the PUD? MR. CASALANGUIDA: It's within county right-of-way, but back in the LDC back in the '80s and early '90s said that when you plat a property, you build sidewalks internally and on the property frontage as you construct. COMMISSIONER COYLE: That's what the LDC said? MR. CASALANGUIDA: Back in -- back in 1985 or '86 it changed. I can get you the exact date. But the intent of the PUD was that you would follow the code and that you would build sidewalks harmonious with your project with your environment, which means connecting with the other projects, connecting to county roadways and developments. COMMISSIONER COYLE: That's not all that clear. Jeff? MR. KLATZKOW: I'd be happy to look at it if you'd like and come back. COMMISSIONER COYLE: Okay. MR. KLATZKOW: I mean, I'm going to have to look at the Page 102 March 10, 2009 LDC requirements back at the time that this PUD was put into place. COMMISSIONER COYLE: And we also need to look at the same issue that we were looking at with the other issue on Whippoorwill Lane -- MR. KLATZKOW: Yes, sir. COMMISSIONER COYLE: -- okay, of whether or not the obligation actually does go with the land. MR. KLATZKOW: Yes, sir. COMMISSIONER COYLE: And if it does, then that means that they're obligated to build a sidewalk, but we're obligated, I think, to build a connection between Timberwood and WTC. MS. AUCLAIR: We'll ask -- we'll supply Jeff with the materials and the PUD ordinances of both the World Tennis Center and Timberwood for further clarification. I want to also bring to your attention, and as we go through the PUD audit process or the monitoring report and review, we come up with these -- you'll be seeing a lot more of us in front asking for clarification on these things because some of the PUD languages is not precise as to exactly a certain commitment; however, when we reviewed this PUD, there is definitely a clear commitment that is part of the transportation commitment which requires the World Tennis Center to pay a fair share for a signal. That signal has been installed. We, through our research process, found an unpaid invoice that was sent to the association in 1994, that, according to our finance department, remains unpaid. COMMISSIONER COYLE: Well, we've got to look at all that. CHAIRMAN FIALA: Looks like you're going to be busy with all these new things they're going to be digging up, huh, Jeff? MR. KLATZKOW: Sounds like an interesting week. CHAIRMAN FIALA: You might want to be giving us -- as they come back with more and more of them, you might want to be prepared for all of these things so when these questions come up, you Page 103 March 10, 2009 have an answer, now that it looks like we're going to be faced with it. Commissioner Henning? COMMISSIONER HENNING: Oh, I'd be glad to help out and do some research. But that's the only thing I was going to say, I'd be happy to research it. But ifMr. Klatzkow's going to do it, that's fine. MR. KLATZKOW: We'll take care of it, sir. CHAIRMAN FIALA: Okay, fine. So we will be bringing this back. Okay. MR. SMYLIE: Thank you very much. CHAIRMAN FIALA: Thank you very much, Mr. Smylie. MR. MUDD: Claudine, where are you originally from? COMMISSIONER HENNING: Quebec. MS. AUCLAIR: I'm from Montreal. MR. MUDD: Talk to another Canadian. MR. SMYLIE: We're from the same town. MS. AUCLAIR: And I hope I did pronounce all my H's today. Thank you. CHAIRMAN FIALA: No, you missed a couple of them. Item #6D RESOLUTION 2009-59: PUBLIC PETITION REQUEST BY GREGORY BORON TO DISCUSS SPONSORSHIP OF WEST POINT LICENSE PLATES - SUPPORTING THE SPONSORSHIP - ADOPTED MR. MUDD: Commissioner, that brings us to our next public petition, which is a public petition request by Gregory Boron to discuss sponsorship of West Point license plates. Good morning. If you'd come forward, please. MR. BORON: Good afternoon. Good afternoon, folks. I'm Greg Boron. I'm living at 2040 Isla Vista in Grey Oaks. I'm a 1974 Page 104 March 10, 2009 graduate of the United States Military Academy at West Point, and I'm filing a petition today to solicit the county's support in procuring West Point license plates for the State of Florida. I fully realize that this is a state issue, but for over three years now I've been playing don quixote chasing windmills throughout the state bureaucracy, local senators, Governor Crist, and, candidly, anybody at the DMV in Tallahassee who would listen to me. You really are, administratively, the end of the line, and I have nowhere else to turn. In the interest of full disclosure, Colonel Jim Mudd was a classmate of mine. The academy customarily groups cadets by economic prowess. Jim Mudd was on that rarefied end at one end, and well, I wasn't. I did, however, see Jim casually throughout the four years. We chewed up a lot of the same turf. The situation is, the state currently has over 110 different types of license plates: Celebrating Tuesday, fighting indigestion, saving the mosquitoes, on and on and on. You've seen them all, and all of them are wonderful causes. Also, there are 15 Florida colleges that have collegiate plates, not just Miami, not just FSU, not just UF, but Nova, Barry University, Edward Waters College, Rawlins, on and on. DMV in Tallahassee was very inflexible with me in explaining the current statute. They said that since we're not a Florida college, we require specialty plates, and the county attorney was kind enough to resend about the 15th copy I've gotten of the statute. It says we have to be sponsored senatorially, pay a $60,000 fee, and conduct a full demographic census showing that we have 30,000 potential users statewide. The statute, however, does not apply to Florida colleges. There's virtually no restrictions and there's no fees associated with establishing these license plates for a Florida college. I'm hoping to get the Collier County Board of Commissioners to Page 105 March 10, 2009 lead a movement to help treat the United States Military Academy at West Point as a Florida college for the purposes of these license plates. We're not talking about Notre Dame, we're not talking about Duke or Ohio State, we're talking about West Point, the most public university we have in the country. There are currently nine West Point Societies throughout the State of Florida. I've submitted with my precis the location fees. These societies have 2,500 alumnis throughout the state and almost 200 active cadets at West Point. One of the largest societies and one of the most generous to West Point is right here in Naples where we have over 200 members of the long gray line currently in residents. I'm loath to believe that there is a group of alumnists anywhere in this country from any institution that's given as much as these folks have. Duty, honor, country is much more than a modo to these 3,000 residents of Florida. It is and will be a way of life. To date 70 of our West Point brothers and sisters have died in Iraq and Afghanistan, selfless devotion to duty and to country, one a month, since 9/11. We can have a Boy Scout license plate, we can have an I Love My Bicycle license plate, but it's impossible to get one for the military academy. My research is incomplete, but at a minimum, New York, New Jersey, Maryland, Connecticut, all have West Point license plates. Currently, the state collects a small stipend from each collegiate plate, which is annually turned over to that institution's general fund. We at the West Point Societies would have no problem taking the small stipend and hypothecating these funds to either the USO or the Army Emergency Relief Funds. What do I need from this commission? What do I request? Author an omnibus proposal, please, to treat West Point as a Florida university for the purpose of the state DMV, solicit support from the Page 106 March 10, 2009 other eight Florida counties that have West Point Societies in them to do the same, hopefully coordinate with our local state senator to pose this legislation and hopefully have it coauthored by the state senators representing the other eight counties, solicit from Governor Crist and the director of Florida DMV at least a willingness to make this happen. I, on the other hand, will be more than willing to do all the legwork this board might require to make it happen. I'll work with whatever staff member either you or Jim sees appropriate to do, and I'm happy to coordinate the activities of all the presidents of the West Point Societies throughout Florida and hopefully take to them this board's letter of support of proposal. I'd like nothing more than a year from now to be able to take a picture presenting West Point plate number one to another classmate of Jim Mudd and mine, that being General David Petraeus at SunCom Headquarters in Tampa. Please, if you can, assist me in this long overdue endeavor. Thank you for your time and consideration, and "Beat Navy". Are there any questions? CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Just a comment, because I'd asked Greg to come before us. It is difficult for me to understand when we have hundreds of young men and women every year competing for an appointment to West Point and being considered by legislators who would make those recommendations and appointments, that we wouldn't grant this request as a state. It is not a state university. It is our nation's university, along with the other military academies. MR. BORON: Well, we don't particularly care about them, sir. COMMISSIONER COYLE: Okay, I understand. I understand that. But at a time when we need leaders who understand what duty, honor, country really means, I think we need to recognize the graduates of West Point, and what more public way to do that than Page 107 March 10, 2009 with a license tag that proclaims their alma mater? So I would like to get a resolution in support of this that we could then send to Senator Richter and other elected representatives from other counties, which Greg, I think, will try to coordinate with. MR. BORON: Absolutely, sir. COMMISSIONER COYLE: But if we could have a resolution and maybe a letter from the chair suggesting that some of the other counties support this effort, then we'll see what the state does with it. MR. BORON: That would be much-- COMMISSIONER HALAS: So, Commissioner, is that a motion? COMMISSIONER COYLE: That is a motion. COMMISSIONER HALAS: I'll second it. COMMISSIONER COYLE: Thank you. CHAIRMAN FIALA: I'll back you up on that. Commissioner Henning? COMMISSIONER HENNING: Just the process of trying to make it happen, I don't think there's a snowball's chance to get any legislation this year. MR. BORON: I've waited three years, sir; I'm very patient. COMMISSIONER HENNING: Yeah, the -- I think it has -- should do something with our next coming -- put it on our legislation priorities for 2010. I'm not saying that we don't do the resolution now, but I don't think it will have much consideration this go-round, my personal feelings. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think that it's going to take time to coordinate with the other counties and the other West Point Societies in Florida. I think we get started now trying to do this. Whenever it's ready, whenever it's acceptable for legislators to deal with it, is fine. But it we wait until next year to start, it's going to be a year after Page 108 March 10, 2009 that. So I say we start now, and if some legislator has the good sense and courage to move this thing this year, that would be wonderful. CHAIRMAN FIALA: And then possibly when we go up to Tallahassee -- we're going to be going up there in a couple weeks anyway -- we could begin to pave the way with our senators. We're going to be meeting with a few of them, as well as our representatives, state representatives. We can begin to pave the way. And possibly you have somewhat of an email network throughout West Pointers in the State of Florida and you -- at the push of a button, you might be able to get everybody to start writing their -- at the proper time, writing to their legislators supporting the effort. And maybe with a wholehearted effort like that -- and I'm sure that you could probably get a couple thousand of them to write very easily -- in no time at all we could put this whole project together. COMMISSIONER COYLE: And after all, from the standpoint of the legislators, it is a source of additional revenue -- CHAIRMAN FIALA: Good point. COMMISSIONER COYLE: -- because there's an additional charge. That's why they have all the specialty license plates right now, because they get more money for them. So this is another source of revenue. It will probably cover up the shortage in their budget this year. CHAIRMAN FIALA: So you look like you've got a lot of support, and we've got a motion on the floor 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.) Page 109 March 10, 2009 CHAIRMAN FIALA: That's a 5-0. MR. BORON: Thank you for your consideration, ma'am. CHAIRMAN FIALA: Thank you. Item #6E PUBLIC PETITION REQUEST BY JOHN BARLOW TO DISCUSS PROCESS TO REHAB FORECLOSURES FOR AFFORDABLE HOUSING - STAFF TO MEET WITH PETITIONER REGARDING REHAB IDEAS AND POSSIBLE GRANTS USING RECEIVED FEDERAL STIMULUS FUNDS - CONSENSUS MR. MUDD: Commissioners, that brings us to our next public petition. It's a petition request by John Barlow to discuss a process to rehab foreclosures for affordable housing. Mr. Barlow? MR. BARLOW: Good afternoon. Madam Chairman, and fellow commissioners, good afternoon. I have -- the worst position is to be right after lunch, but I'm going to try. If you recall, just a little less than a year ago HOME was born to make affordable housing, single-family housing, available as primary residential here in Collier County to income-qualified families. I wanted to point out to you, and it's a fact that none of us like. Last year we had 7,872 foreclosures. It's the highest year that's on record. Typically 2-, 300 was prior -- before that last year. Year before this was 3,000. So 7,872 is so many more than what we even experienced in our growth period when we were putting 5-, 6,000 houses up. U.S.A. Today this past Friday ran this map, which is up here on the pictorial. Thirty-five counties in the entire United States had over 50 percent of the foreclosures. Now, while Collier County doesn't Page 110 March 10, 2009 have the number of foreclosures because you're comparing against Miami-Dade, Broward, Lee, and these larger counties, we had the same rate of foreclosures, over 60 per 1,000 houses. So our county is in the dark blue, the same ones that are identified with the red outline on them comprising the 50 percent. Now, the thing that struck me with this -- and I'm sure you've probably already picked up on this -- that the people in the United States as they retire are migrating to areas where it's warmer, so you've got some -- a lot of Southern California, you've got some Arizona, you've got some Southern Florida. It's a perfect map. There's no significant foreclosure activity, doesn't look like to me, where it's colder than heck, up north up in there. So we are a magnet for this. And sometimes we're so close to it down here, it's hard for us to perceive where we are relative to the rest of the country. I have lived in this era of affordable housing and the needs for it for a long time, and I recommend that Collier decide not to participate any further in letting these foreclosed properties drag us down, because they do. And if you drive through these communities, like I drive every day, you can see the signs pop up, you can see the properties sit there and languish in what they are. Now, how do we convert them to affordable? First of all, these are guidelines established by HUD. And if you recall, HOME deals in the 50 to 80 percent of average median income, which means that the top income for a family of four is 55,850. And there's a -- 23 percent of all the houses in Collier County in the 50 to 80 percent segment. We did research, some research with Shimberg at the University of Florida to kind of identify to make sure there was sufficient population that HOME could address. Looking at the chart that housing puts out, the mortgages that these families can afford with their income levels, at the various income levels at the left-hand side, are 93- to $147,000 is serviceable mortgage income at 30 percent of Page 111 March 10, 2009 their income. Now, to be quite frank with you, that's too high today. We shouldn't be targeting people at 30 percent. I noticed that some of the legislation that's coming out of Washington is targeting relief for people that are 38 percent, but that really stifles your discretionary income and what can be happening. So we at HOME try to bring it down significantly below 30 percent and give people the ability to live and enjoy what you and other people have given us here in Collier County. This is our first home. We closed on it on December the 29th, and I can't tell you how happy I was to close on this house. On the left-hand side is Dennis Harvey. He's a barber and works at McDonald's part time. On the right is Venecia Harvey, who's the mother of a 15-year-old son. Venecia is a medical technician at the Urology Center here on 41. Lisa Carr, who is our housing outreach director for the county and coalesces the people that are qualified for these houses, and then myself. This is actually at the closing. Now, HOME has purchased 12 houses. Nine of them we currently own. The booklets that I passed out are pictures of all 12 of those houses. Nine of them we have closed on, three are in rehab -- and I'll get into that in a minute -- three are under contract which will close in late March or early April because it's a little bit difficult to trace the liens -- I mean the titles on some of these foreclosed properties. The startling parts of this is our average purchase price of a foreclosed house is $63,167. Goes from a low of 52,5- to a high of 75,000 -- excuse me, 80,000. We did one 80,000. Because the market continues to slide down. Unfortunately what we paid $80,000 for 90 days ago could well be down to $70,000 today. It averages 1,229 square feet of livable square feet regardless of the garage. Because these -- some have garages, some don't. But the critical thing to me is it's $51.39 a square foot. This Page 112 March 10, 2009 includes the land, the building. And the house is obviously not in the best condition in the world, that's why we're buying them for $51. But I can't even imagine a $51 rate in Collier County. Heretofore it's been a lot more. I -- being former Affordable Housing Commission (sic), I can remember when there were less than five properties available for less than a couple hundred thousand dollars on the MLS. And one of the recording issues that we have on foreclosing, by the way, is not all foreclosed properties are on MLS. The banks withhold these so they don't flood the market, and they meter them out in some form or fashion. Why or how, I can't tell you. Here's the breakdown of where we own foreclosed properties by zip code today. HOME currently has eight homes in Golden Gate City, two homes in Golden Gate Estates, and two homes in East Naples. We looked for foreclosed homes that have been empty for 90 days, asking price less than $100,000, and preferably close to schools, parks, and shopping. A window of opportunity exists right here in Collier County like never before. We need to snap these houses up before they go beyond 200,000 -- 300,000. You know, people say we're going to come back. How far we're going to come back, I don't know. But I will tell you that currently the tax rolls in 2008 of the houses that we have purchased on the tax rolls from our friend over here is $205,403. Many of these houses have never seen a day that they were really $200,000 houses, but that's what the people are paying taxes on. We need to act now. Our federal government's funding a new program called NSP, which you're going to hear a lot about from Marcy in a couple weeks. It's trickled down at its definitional point. I haven't seen this money. We've been talking about it now for nine -- six or eight months anyway. I want to bring to you a proposal today that complements the Page 113 March 10, 2009 NSP, not takes its place, but complements it and brings more resources to bear to the task of providing affordable housing in Collier County and infuse monies into our local economy through rehab work. We estimate that there are 1,500 of the 8,000 that would fit our criteria that we could translate into the mortgages that I told you earlier and purchase them. With your help, a new partnership can be formed between HOME and the county, and we can turn most, if not all of these 1,500, into affordable houses in the next 12 to 24 months. I wish I could share with you how latent the trades are right now, anxious for business. I don't have a magic wand to keep these foreclosures available at dual prices, to waive and let them -- make them go away. And I certainly don't have a crystal ball to tell you how long these opportunities will be there. The market's going to change. I mean, just look at the map. This is where the people want to go, for Pete's sakes, that are retiring, and the demographics tell me there's going to be a huge surge in transition, at some point in time, as soon as we can get this thing rectified with these liquidity markets that are going on right now. I know what we're dealing with today, and we have, right now at our fingertips, the biggest opportunity of our lifetime. I don't need to tell you what a shot in the arm our project can have and provide the local economy. My proposed partnership represents a unique public/private design. May I go a little bit further? CHAIRMAN FIALA: Yeah, but we really have to get going. We're already 45 minutes late for our one o'clock time certain. MR. BARLOW: Can you give me a minute or two? CHAIRMAN FIALA: Just one minute, okay, John? Because we've still got questions. MR. BARLOW: We're developing a (sic) subcontractors who Page 114 March 10, 2009 need and appreciate work as a two-way street. I think it's time to think outside the box. Here's a unique public/private partnership that I think has potential. Let's start a public __ a private pilot program together, and let's show you how this will work. Let's start with one house and then expand it to two, a dozen, and a hundred more. We can get those houses rehabbed and sold in 90 days, a hundred homes rehabbed will put four million in the community; a thousand homes will put $40 million into the trades' pockets as we -- if we develop them. Here's the way I envision it working. Collier County purchases a foreclosed home with $60,000. We will rehab it through our general contractor for 40,000, there are carrying costs of about 5,000, for a total joint investment of about 105-. Where do we get the money from? Three potential sources. The Affordable Housing Trust Fund has $193,000 in it right now, and has not been spent that I know of. There's a potential of a casino tax. And since we're talking about a 90-day use ofthe $60,000 -- because when we sell it we're going to pay it back -- it becomes self-fulfilling and we can focus our attention in Golden Gate Estates, the city, and East Naples. From rehab to the net mortgage, it gets even simpler. The house is 105,000 for -- CHAIRMAN FIALA: Your minute is up, Hon. MR. BARLOW: Okay. CHAIRMAN FIALA: Okay? Because we'll probably have to bring this back again. MR. BARLOW: Okay. MR. MUDD: No. I think when Marcy comes forward in two weeks, you're going to have the opportunity to tell her how you want to partner, and she's going to come -- this neighborhood stabilization fund is over $7 million, which has just come to the county in the last week from the stimulus package, and you have an opportunity and you Page 115 March 10, 2009 have the groundswell for the capital in order to start making this thing. So this preface idea will continue from two weeks. So Marcy will kind of come back on this particular item. And I invite Mr. Barlow to come back when Marcy has to describe it to the board. CHAIRMAN FIALA: Come with her, John. John, don't go, because Jim Coletta has -- Commissioner Coletta has a question. COMMISSIONER COLETTA: Yeah. Mr. Barlow, I think it's pure genius what you've come up with to try to utilize some funds that are available. I don't think we have anything with the casino tax right now. That's still an entity that's out there that's a little evasive. But we do have that money that's sitting in the account, in the Affordable Housing Trust Account, and it'd be great if we could do something with that. And like you say, turn it every 90 days. Who knows, maybe we'll find another partner out there between now and then, or some other funding. And I need for you to get back to me in the next day or so. I do have a person that's a grant writer that would like to work with you on some grants. MR. BARLOW: Okay. COMMISSIONER COLETTA: And two weeks from now, we'll get together, and I'm sure we're going to come out with something positive. CHAIRMAN FIALA: And you'll be working with Marcy then to come back and -- with your idea to work on that? MR. BARLOW: Yes. We'll work together on it. COMMISSIONER COLETTA: Well, do we need to direct staff to make sure it happens? MR. BARLOW: Thank you very much. MR. MUDD: No, sir. As I stated before, we just received a stimulus package from the United States Government for over $7 million, and it basically falls hand in hand with this presentationt Page 116 March 10, 2009 you're talking about. One of the things you have the opportunity to do is to go out, and based on that program, buy foreclosed homes. So Marcy will bring that item to you at the next meeting, if she can get all her stuff together. But that's what we're planning on the 24th. And then Mr. Barlow, no doubt, can be a speaker on that particular item, and his ideas are always welcome. CHAIRMAN FIALA: And we can give him more than three minutes on that item because this is an excellent idea, and I'd love to see some of that money going just for that. I'm sorry I had to cut you off, but we're way over time. MR. BARLOW: I understand. CHAIRMAN FIALA: Thank you. COMMISSIONER HALAS: We'll give him ten minutes on the public petition and then some. CHAIRMAN FIALA: Okay. Thank you very much. We'll- Item #7 A RESOLUTION 2009-60: ADA-2007-AR-12312, S. MELISSA ROSS TRUST, REPRESENTED BY CHEFFY, P ASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING AN ADMINISTRATIVE APPEAL REGARDING THE DECISION OF THE LOT LINE ADJUSTMENT FOR PROPERTY LOCATED ON LOT 28 IN THE OLDE CYPRESS PUD, APPLICATION NUMBER LLA-2007-AR-12140. THE APPLICANT IS APPEALING THE DECISION PURSUANT TO SECTION NO. 250-58 OF THE COLLIER COUNTY CODES OF LAWS AND ORDINANCES - APPROVING APPEAL CITING INCONSISTENCIES WITH THE LAND DEVELOPMENT CODE - ADOPTED Page 117 March 10, 2009 Item #7B RESOLUTION 2009-61: ADA-2007-AR-12313, S. MELISSA ROSS TRUST, REPRESENTED BY CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING AN ADMINISTRATIVE APPEAL PURSUANT TO THE ISSUANCE OF THE STAFF CLARIFICATION NUMBER SC-07-02 PURSUANT TO SECTION NO. 250-58 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES. THE APPLICANT IS REQUESTING AN ADMINISTRATIVE APPEAL REGARDING THE STAFF CLARIFICATION REGARDING THE MEASUREMENT OF A FRONT YARD SETBACK REQUIREMENT ON A CUL-DE-SAC LOT FOR PROPERTY LOCATED ON LOT 28 IN THE OLDE CYPRESS PUD - APPROVING APPEAL - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 7 A and 7B, and I'm going to try to read them both. And I believe you're going to, based on your county attorney's suggestion in a memo that he sent to you, do both of these items at the same time and do separate votes for each as you have done before on items when they are pretty similar. First item is 7 A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's ADA-2007-AR-12312, south (sic) Melissa Ross -- excuse me. S., not south -- S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson, and Johnson, LLP, requesting an administrative appeal regarding the decision of the lot line adjustment for property located at Lot 28 in the Olde Cypress PUD, application number LLA-2007-AR-12140. The applicant is appealing the decision pursuant to section number 250-58 of the Collier County Codes of Laws and Ordinances. Page 118 March 10, 2009 Next item, 7B. This item, again, requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson, and Johnson, LLP, requesting an administrative appeal pursuant to issuance of the staff clarification number SC-07-02, pursuant to section number 250-58 of the Collier County Code of Laws and Ordinances. The applicant is requesting an administrative appeal regarding the staff clarification regarding the measurement of a front yard setback requirement on a cul-de-sac lot for property located, again, at Lot 28 in the Olde Cypress PUD. CHAIRMAN FIALA: Thank you. And now, Commissioners, we -- for declarations of ex parte, we'll start with you, Commissioner Coyle. COMMISSIONER COYLE: Okay. Madam Chair, in addition to all of the meetings that I have had when this was heard before in 2007 and 2008, I have also had recent meetings just yesterday with Clay Brooker, Melissa Showalter, Carol Kolflat, and that applies on both of these petitions, as a matter of fact. And I have also read the documents and guidance provided by the county attorney and the staff, and that's it. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes. I also have a huge amount of email that I received on this through the last couple of years in regards to this home. Recently I met with Clay Brooker and Carol Kolflat on January 9, 2008, and also March 5, 2009, this year; Clay Brooker, on September the 4th, 2008. I also met with another attorney, David Bryant, on November the 8th, 2005, and September 22008. I have met with the -- one of the persons from the neighborhood, Diane Ebert, October 10,2007, and September 30,2008, and that's Page 119 March 10, 2009 also in regards to the same people I met in regards to item number B. So I hope I've covered everything. And as I said, all my correspondence are here for people here to observe. COMMISSIONER COYLE: Madam Chair, I failed to mention that I also met with Diane Ebert yesterday to talk about both these petitions. CHAIRMAN FIALA: Thank you, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Of course this has been an ongoing issue for many years, and there's been numerous meetings, correspondence, emails, and phone calls. But recently, met with Clay Brooker, Melissa Showalter, and also Diane Ebert, and my -- everything is in my files up here for anybody that would wish to see it. Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Same as before, and in addition to, briefly talked to Rich Y ovanovich, met with Diane Ebert, Clay Brooker, Michelle (sic) Showalter, and Carol Kolf1at. COMMISSIONER COLETTA: Add Richard Yovanovich to mine. I'm sorry. I had to get that in before it got away. Thanks for reminding me. COMMISSIONER HENNING: That's all I have on this particular petition. CHAIRMAN FIALA: Very good. Do you need to have dates that we talked with these people or just that we've spoken with them? MR. KLA TZKOW: No, you can just mention that you've spoken. CHAIRMAN FIALA: Because I go way back into the '07s. MR. KLATZKOW: Yeah, but you did a lot of this back on the original hearing. CHAIRMAN FIALA: Yes, okay. So -- okay, then just since then. I did go over to the home itself to see -- I went to -- with Page 120 March 10, 2009 Melissa and her mother Carol over to the home to -- and viewed from her bedroom the other house and drove down the street and everything, and I think I met Diane Ebert there a little bit, too. Also, of course, we've had many BCC meetings and I've met with staff, I've met with Clay Brooker, Melissa Showalter -- and these are a number of times -- Carol Kolflat and Diane Ebert. But just over, you know -- I even have down here Blain Spivey, but that must have been way back in '07, so -- okay, that doesn't count. And I can't remember if I met with Rich Y ovanovich or not but I'm -- no, okay, good. I didn't think I forgot any. Thank you, Rich. Thank you. And now we need to swear in everybody who is going to be speaking. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Very good. And now we move on to you. We have one hour for you. MR. BROOKER: Madam Chair, thank you for your patience and time. Commissioners, thank you. My name's Clay Brooker with the law firm ofCheffy, Passidomo here in Naples, 821 5th Avenue South. My understanding is that these two appeals have been read together already. I don't want Colonel Mudd to repeat that long description, but I believe they're being -- they're companion items and will be heard together in accordance with a memorandum that the County Attorney's Office issued maybe a week ago or so. The only caveat to that is, in my discussions with Mr. Klatzkow are that whatever I present here today in my hour's worth of presentation -- and hopefully it won't take that long -- all of that will be considered part of the record for both items so we don't have to try to figure out which item is which. MR. KLATZKOW: That is correct. MR. BROOKER: Okay, thank you. Page 121 March 10, 2009 As you recall, everyone in their ex parte communications, this matter's been around for quite some time. The issues that we are discussing today were discovered at the same time the preserve setback issues were discovered by my clients. That preserve setback issue was a 25- foot setback. What you'll be hearing about today is less than that 25-foot setback, and so a lot of people have asked or have wondered, why are we here? If we've given you 25 feet, why are you here for something less? And the reason is for a complaint filed by the Griders against the county with respect to the preserve setback issue. That litigation is pending. There are hearings coming up, I believe, in the next week or so. My clients have no choice, not being able to control what a judge ultimately will decide, have no choice but to bring these other issues to your attention, and we appreciate your time and patience. First -- what I'd like to do is first talk about the lot line adjustment that is the first appeal we have filed. This is the subject lot. My client's house is here on this side abutting, I guess that would be the west side of the subject lot. This is what the lot looked like back in 1999, if you erased the house for a moment, back in 1999 the actual configuration of the lot as platted. You can see here what happened was the house was permitted and was permitted as a comer lot. The staff permitted it as a corner lot without actually checking to see, in fact, or confirming to see if it was a corner lot or met the criteria for a comer lot on the Land Development Code. The issue becomes, if it's not a corner lot, the Olde Cypress PUD, which this lot is subject to, has in the dimension standards, a 20-foot rear yard setback, and that is what's indicated by what I'm showing here, this dashed line toward the back of the lot. Everything in the yellow is portions of the house that encroach that 20-foot rear yard setback. Page 122 March 10, 2009 Now, how -- what happened when this house was permitted and actually built, there was supposed to be some sort of confirmation that this was, in fact, a corner lot to allow this rear yard to become a side yard setback, a 20-foot setback converted to a five-foot setback. And here is the provisions of the code -- if you could slide that up. Thank you. This is the definition of a comer lot in the code. Typically a comer lot deals with two streets. As you see here, we do not have two streets, but the second sentence starting there, of the definition, reads, a lot abutting a curved street or streets shall be considered a comer lot, and here's the operative language. If the straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees; 135 degrees being the threshold. So let's apply that to the lot as it existed when it was first platted. You draw straight lines and you -- can you back out a little bit. MR. MUDD: Sure. MR. BROOKER: Thank you. You draw straight lines from the foremost points of the side lot line, there and there, and you draw a straight line to the foremost point of the lot somewhere around there, and you measure the interior angle that is created by those two lines. If this number is less than 135 degrees, it shall be considered a corner lot under the Land Development Code's definition. If it is greater than 13- -- or 135 degrees or greater, it is not a corner lot. As you can see here, the interior angle as platted was approximately 144 degrees; therefore, it is not a comer lot. When this issue was discovered we brought this to staffs attention, and staff admitted their error. I believe it's conceded that when initially platted, this was not -- did not meet the criteria of a comer lot and, therefore, the house that was permitted on the -- on the lot was potentially running into problems with regard to that rear yard setback. So what the staff then did -- then did was cleverly come up with Page 123 March 10, 2009 the idea of a lot line adjustment. What if we can actually create a comer lot by reducing this angle to something less than 135 degrees, and how do we do that? Well, the only way you do it is you've got to pull in the side lot line just enough to reduce that interior angle to 100 and -- less than 135 degrees. So that's what they did. Down here in the red hashed portion is what we call the tail that was lopped off the lot. And by lopping off that amount of property -- and this distance ranges anywhere from 20 to 23 feet -- you have -- you have slid the foremost point of this side lot line in towards the rest of the lot and, therefore, when you now recalculate the angle, you come up with approximately 134 degrees, just under 135. So now, voila, you meet the criteria of a corner lot and, therefore, what was the 20-foot setback line now becomes a 5-foot setback line because in corner lots you have no rear yard. And in Olde Cypress PUD, the side yard setback is 5 feet. Let me show you the Land Development Code portions. These are more definitions that deal with rear yards and side yards. This is the authority by which, when you create a comer lot, the rear yard automatically disappears. At the top is basically a second half of the definition of a rear yard. It says, in the case of comer lots, there are no rear yards but only front and sides. And then further down in the definition of a side yard, it, again, talks about, in the case of comer lots, yards remaining after the front yards have been established on both frontages shall be considered side yards. So going back to the -- the previous exhibit, these two frontages are now considered front yards and everything else is now a side yard pursuant to the code. That then becomes a 5- foot setback because that is the applicable side yard setback in the Olde Cypress PUD; therefore, as you see, nothing in yellow, the house is no longer, according to the staff, in violation of the Land Development Code in Page 124 March 10, 2009 the Olde Cypress PUD dimension standards. So the question becomes, if this was an after-the- fact fix of an admitted error of staff of initially permitting this as a corner lot and create -- yes, and creating what was, in fact, a non-corner lot to a comer lot, was that proper? Was this a proper lot line adjustment? And that is the issue before you today. As you might suspect, there are criteria in the Land Development Code that you must satisfy -- all of these that are listed, A through D, you must satisfy all of them in order to approve a lot line, in order for the staff to approve a lot line adjustment. This is, for the record, 4.03.04 of the Land Development Code. What we -- what we contend is that the first criteria is not met by the circumstances at hand. And you'll see here in order to grant a lot line adjustment, you must demonstrate that the request is to correct an engineering or surveying error or is to permit an insubstantial boundary change between adjacent parcels. It is that latter half of the criteria that we'd like to focus on. And the question becomes, is this an insubstantial boundary change -- which is undefined in the code. That is for your determination here today. But by converting a non-corner lot to a corner lot, is that insubstan- -- an insubstantial boundary change? We contend it isn't for several reasons. Number one, if you go back -- sorry I keep switching on you. If you go back to this exhibit, LLA number 2, in the bottom right-hand comer, this red hashed area -- this red hashed area here approximates about 240 square feet. What happens here is when the -- when the 20- foot -- the 20- foot setback is reduced to a 5-yard setback, all the area in here, that difference of 15 feet that now becomes buildable, according to our surveyor, is 1,337 square feet. So by deeding off 240 square feet, that's never -- never is it buildable under any dimension standard under any criteria, the Grider lot improved or increased its buildable area by 1,337 square feet, Page 125 March 10, 2009 nearly a five-and-a-half-to-one return, and we believe that's not insubstantial. It is substantial. I'd liked to go back to the criteria one last time and focus here on D as well, criteria letter D as in David. You also must demonstrate before the staff can approve a lot line adjustment application, that the adjustment will not affect the development rights or permitted density or intensity of use of the affected lots and so forth. We contend, again, that by increasing your developable -- did I say that right -- developable building envelope by 1,337 feet, you are actually increasing the development rights of that parcel, and, therefore, we contend that in addition to criteria A, criteria D is not satisfied either. At the back of your packet the staff attached a list of 39 other lot line adjustments that have been approved by staff over the years. And I think it's worthy to note that none of those are an example of an after-the- fact conversion of a non-corner lot to a corner lot. I've reviewed others than those 39, and I have yet to discover any lot line adjustment in Collier County in the history of lot line adjustments ever being used for this purpose, to convert -- to correct an error after the fact by converting a non-corner lot to a comer lot. And what of the deeded portion? Remember that red hashed area, the tail that was lopped off? Well, where did that go? Well, it went to his neighbor. You can remove that, thank you. Just for your purposes, here to the left of the yellow shaded area is the subject lot. This is the neighbor's lot. This little portion here equates to the red hashed portion on the previous exhibit. This was deeded to this lot. So the question becomes, what is that? What does the yellow highlighted area become? Is it a -- I assume it's not a lot. It's quite small. But then how do you measure setbacks? You know, just what is it? It creates so many difficult questions that it would suggest to you that using the process in this way was improper. And I can tell you that had this initially been platted this way -- Page 126 March 10, 2009 in 1999, had a developer come in and drawn a lot with this tail on it, staff would never have approved it. Again, the fact that this is an after-the-fact error only, I think, exacerbates the circumstances. Pure speculation, but if I were to go in today and I have a lot in a similar configuration and asked to lop off a piece 240 feet so I can get 14 -- about 1,400 square feet more, I don't think that would get me very far in the staffs eyes. Some people have said that this is an irregularly shaped lot. There has been some -- in going through all of this over the last two or three years, there's been some talk about how. Well, this is a difficult situation. It's a unique situation. It's an irregularly shaped lot that actually also happens to be on a cul-de-sac which creates more problems and so forth and so on, and how are we possibly going to apply the rules in a fair way to place a reasonable house on this lot? Well, our response to that contention is twofold. First of all, everything I've discussed here with you today, the lot line criteria, the corner lot definition, that 135-degree threshold, all of that has existed since at least -- I believe since 1991. But certainly by the time when this lot was platted by the developer, everyone knew the rules we were playing by, everyone knew or should have known exactly what was going to be permitted on this property given the fact that it was an -- admittedly not a comer lot. So to come now and say, we need -- staff needs to exercise a little bit of discretion to give a -- to place a reasonable house on this lot, we believe, is just flaunting the rules that existed after the fact, once agam. Finally, we believe a reasonable house can be placed on the lot. And to give you an example, we don't have to go outside of Olde Cypress, the Olde Cypress neighborhood itself. Up here in the top middle -- you've got to zoom out a little bit. Yeah, there you go. This horse's head, what we like to call it, the horse's head, is Page 127 March 10, 2009 Lone Pine Lane, Ibis Landing. That is the subject lot we've been talking about so far. I'd like you to -- I direct your attention to the lot right down here on Wild Orchid in Olde Cypress -- in the Olde Cypress neighborhood, and here's a blowup of it. Again, this house is just serving an example. It is not part of the appeal in any way today. But does that __ a configuration of that lot may strike you as somewhat similar to the subject lot we've been talking about. And 10 and behold, when you go onto the county's web site to determine how this lot was permitted -- if you come down just to get the permit number now. This is the permit that, when you type in that address, that shows up on the county's website, 2004080386. And you'll notice in highlighting, the rear yard setback that was applied to permit this was 20 feet. It was permitted as a non-comer lot. There was no conversion to a corner lot just to fit something on this -- on this lot because it's so irregularly shaped and so impossible to get a reasonable return or a reasonable house placed on the lot. Those are my comments with regard to the first appeal of the lot line adjustment. We would respectfully request that you overturn staffs approval lot line judgment and return the lot to the status quo it was platted and approved by the county back in 1999. And at this point, Madam Chair, I can either move -- everything I've just showed you, I have an extra copy for the manager or the court reporter, or I could take questions -- CHAIRMAN FIALA: Well, right now, how about the zoning director might have questions. MS. ISTENES: Good afternoon, Susan Istenes, Zoning Director. Mr. Mudd, would it be possible to use those exhibits just for a few questions, okay. That way we can just stay consistent. I just have a few questions for clarification purposes. Clay mentioned -- and I don't need an exhibit for this question. You mentioned 1,337 square feet, and then you said 1,400 square Page 128 March 10,2009 feet more of developable area was gained. How did you come to that conclusion? MR. BROOKER: My mistake. I meant to say 1,340, just to round up from 1,337 to 1,340. I should not have said 1,400. I apologize. MS. ISTENES: You didn't answer my question. How did you -- how did you get that number and what are you talking about? MR. BROOKER: That number was, as you can see -- let me see. If you could bring up the -- oh, that's fine, that's fine. As you can see at the bottom, we asked our RW A consulting surveyor planning firm to assist us in this regard, and I asked the surveyors to calculate the difference of buildable area between a 5-foot setback and a 20-foot setback once you come over to here, and other setbacks may start to come into play here. So roughly this area here that I'm pointing to, which is essentially the difference between applying 20 feet versus 5 feet, that 15 feet of depth versus some width, I asked them to calculate it, and they gave me the number 1,337. MS. ISTENES: My next question was, I was curious how you studied the records of the lot line adjustments. You made a statement that a lot line adjustment to change a lot to a comer lot has never been done before. I'm curious only because our records are pretty uncleared. Did you -- I mean, that would have been hours of work. Did you pull all the surveys from 2003 and study all those to -- how did you come to that conclusion? MR. BROOKER: You're right, it was a lot of hours. It was -- I did a public records request of every lot line adjustment approved in the last ten years. I will not sit here before you today and say that I went through every single one of those and the detail necessary to determine whether never has it been used to convert a non-comer to a corner, but that's why I stated it the way I have. I did not see anything. I looked at the 39 I believe you listed, Page 129 March 10, 2009 although there were some left on your desk that weren't given to me to review. But of those 39 that I reviewed and of others I reviewed, nothing -- I saw nowhere an indication of a non-comer lot being converted to a corner lot by a lot line adjustment. MS. ISTENES: Okay. So you -- that's your statement, because you kind of said two different things. You said you can't conclusively come to that conclusion, then you said nowhere did I see. Is that based on what you saw and the extent of what the research you did? Because the records, in my opinion, were very deficient in explanation. MR. BROOKER: Yeah. I mean, I don't have anything more to add. Of course, I'll ask you if you know of any. MS. ISTENES: No. I didn't research to that extent because, like I said, it would have been hundreds of hours because of the lack of detail in the records. You mentioned also -- and this is my last question, just for clarification -- staff would not have approved the transfer of the tail, that being the eastern part that was transferred to Mr. Dunkleberger. Why and what do you base that on, or are you just guessing, or why did you make that statement? MR. BROOKER: Based on my experience in platting and representing developers in platting, that this configuration would not satisfy the subdivision regulations, but I don't have the exact cite for you. MS. ISTENES: So you're not exactly sure. You're just sort of guessing staff may not have looked favorably on that for some reason or another. MR. BROOKER: And we can ask Stan that question. MS. ISTENES: I'm just curious why you made that statement or what basis you used for that so I can understand it. MR. BROOKER: If you're telling me that might be possibly permitted, then I'm sure some of my clients would be interested. Page 130 March 10, 2009 MS. ISTENES: Okay. That's all I have right now. Thanks. CHAIRMAN FIALA: Okay. Next we have -- maybe the Griders have their attorney. MR. YOV ANOVICH: Yeah, I just have two questions. CHAIRMAN FIALA: Okay. MR. YOV ANOVICH: Actually, Susan just asked the question. I didn't -- I thought your expertise was in the law. I didn't realize you were an expert in surveying and platting. MR. BROOKER: I'm not a surveyor. MR. YOV ANOVICH: I know. I realize that. I just wanted to ask you a question. You said you've never seen the code applied the way it's being applied, correct? MR. BROOKER: Correct. MR. YOV ANOVICH: Have you ever been the first one to use a county code provision to resolve a problem for your client? MR. BROOKER: I don't know if! can answer that question. I don't know. MR. YOV ANOVICH: You don't know if you've ever been the first one, but there also is a first one to use a code provision when it's been drafted or put into place? There's got to be a first, correct? MR. BROOKER: If, in fact, the code provision has been used, yes, that would be a first time. MR. YOV ANOVICH: There's somebody -- right. MR. BROOKER: But I don't know. I can't tell you whether I have used any code provision for the first time ever. MR. YOV ANOVICH: So the fact that it's never been used before doesn't mean it's not being properly used today? MR. BROOKER: You're absolutely correct, it does not mean that, but it certainly suggests that perhaps that's improper. MR. YOV ANOVICH: Okay. I don't know how you get to that suggestion, but that's certainly not responsive to the question. Thank you. Page 13 1 March 10, 2009 COMMISSIONER HALAS: I have one question before he leaves. It's my understanding -- MR. YOV ANOVICH: Me or him? COMMISSIONER HALAS: -- you -- that you're representing Mr. Grider; is that correct? MR. YOV ANOVICH: Yes, sir. COMMISSIONER HALAS: Mr. Grider works for your corporation. MR. YOV ANOVICH: He is an attorney in our firm. COMMISSIONER HALAS: I sometimes wonder if that's not perceived as a conflict of interest. MR. YOV ANOVICH: I'd like to perceive it as helping out someone in my firm like I would expect other lawyers in my firm to help me out. COMMISSIONER HALAS: Well, I don't look at it that way. MR. YOV ANOVICH: That's okay, but I'm just helping Craig and Amber because they needed my assistance, and this is the area of law that I practice. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Mr. Brooker, the house on Wild Orchid, what -- I didn't see the square footage that was permitted. MR. BROOKER: If you'll give me a minute, I'll flip that permit to see if the square footage of that house is indicated. COMMISSIONER HENNING: Or for time, we can just move on and I can ask it again. CHAIRMAN FIALA: Well, what I'm going to do, before we have the other party then come up, because we're giving them an hour, I thought we'd take a break, get ten minutes, and then we'd come back and do the rest. So why don't -- COMMISSIONER HENNING: Just hold onto that question. I mean, I'll ask that question again. CHAIRMAN FIALA: Okay. When we finish the break, you Page 132 March 10,2009 want to start with that, and then we'll go on to the other party. Very good. We'll take a ten-minute break. It's a few minutes early, but this way then we won't have to interrupt them. (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: Thank you. Now we're going to move on to a presentation by our staff and the Griders' representation. MS. ISTENES: Thank you. Susan Istenes, for the record. I'm not going to give a formal presentation. I think, kind of, Clay outlined the history, and the executive summary outlines it as well, and -- so I'm going to jump around, and I hope this doesn't get too confusing, but I just want to make some points, and then we'll kind of move on. CHAIRMAN FIALA: If it gets confusing, we'll tell you. MS. ISTENES: If you would fucus in on the star. Hopefully I'll be -- I always do this. I don't -- I can't read it when I put it up there. But, for the record, our position is -- well, the areas of the Land Development Code that govern lot line adjustments are 4.03.04 and 10.02.02B8, which are essentially -- state the same things. I just wanted to go ahead and put on the record that staff is of the opinion that the lot line adjustment that was approved for the Grider lot is consistent with the Land Development Code and the criteria found therein. The first criteria is that it is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. We would submit this is an insubstantial boundary change. It was 247 square feet, which is the tail, I guess we're now calling it, and 247 square feet out of a 1 0,400-square- foot lot, plus or minus, and Page 133 March 10, 2009 moving a lot line approximately 22 feet we would opine as being insubstantial. It does not rise to the requirement for a plat, although I did want to point out to you that this process could also be accomplished by replatting. And this lot line adjustment process, based on what I know about it, is -- has been somewhat of a hybrid process to allow landowners to come through and make boundary changes as long as they meet this criteria without going through a full-blown replatting process, which is expensive and time consuming. So that's why, in our opinion, the process exists, and that's what staff has regularly been using it for and the citizens of Collier County have been regularly using it for, is to move boundary lines for various reasons. The second criteria is both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment. They do that through the lot line adjustment application process. Yes, they did do that, so they do meet that criteria. The third criteria, C, I won't read the whole thing, but it just requires evidence that the lot line adjustment is filed in the official records and that it meets the standards of and conforms to the requirements of the LDC, including the dimensional requirements of the district and the subdivision in which the lots are located and, however, in the case of a nonconforming lot of record, which is not the case here. So, yes, we review the lot, the before-and-after scenario, to make sure both lots are of the dimensions, minimum dimensions, required by the PUD and the LDC and that they don't result in nonconforming lots. So, yes, that criteria was met. And the last criteria, D, it is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots, and this is qualified, by providing the opportunity to create a new lot or lots for resale of development. Yes, in our opinion, they meet that criteria because no Page 134 March 10, 2009 new lots are created. Intensity, just for your information, sometimes that word gets a little confusing. Intensity normally deals with commercial development. Density deals with residential development. So no new lots were created, no additional dwelling units could be built as a result of this change; therefore, it meets criteria D. And those are the four criteria the staff uses, and they reviewed those and approved the application for the lot line adjustment. One point I want to make, and then that's -- I guess that's really all I want to say with respect to the executive summary. It's important to remember, too, that this -- there are two processes to move a lot line. One is this lot line adjustment process, and one is the replatting process. So they opted to move -- to do the lot line adjustment process, and they met the criteria, and it was approved. One thing I don't think that was coming out, and a point I want to make in the change, was when Clay got up -- and my exhibits are not as professional as Clay's. I like color and I have to draw stuff out by hand and fiddle around with it by hand, so I apologize. But the important thing to remember here is that you all decided through the official interpret- -- or I rendered an official interpretation regarding the preserve setbacks as they apply to this lot. You all upheld my decision on an appeal. So whether or not this is considered a corner lot, it really doesn't matter because -- at least this day and time. I'm sorry? The preserve setback is 25 feet, and that is also in a corner lot configuration considered to be a side lot line which allows 5 feet, except the 25 feet prevails over the 5 feet. So regardless of whether it's a corner lot or not, 25 feet is the required setback on the north property line, which, under the corner lot configuration, is considered a side; under the non-corner lot configuration, is considered a rear. The only way that could possibly change -- and I understand there's been a lawsuit filed regarding your decision of the appeal of the Page 135 March 10, 2009 preserve setbacks -- is if that attorney who filed that lawsuit was to prevail and the judge was to decide that the preserve setbacks don't apply. Am I stating that correctly, Jeff? MR. KLATZKOW: Yeah. That's pretty much it in a nutshell. MS. ISTENES: Okay. So at this point in time, I sort of feel like Clay represented to you that there are no issues with this structure on this site as far as encroachments into setbacks. That's not correct. They encroach into the preserve area setback because the requirement is for 25 feet, and they don't meet 25 feet; therefore, they either need to correct the situation by removing the encroachments or obtaining a vanance. They have held a preapplication meeting for a variance but are awaiting the outcome, I think, of these appeals, and Rich can speak to that, because the outcome of these appeals could determine what type of variance they need. So I just wanted to make that clear, because at this point, whether it's a comer lot or not, it just doesn't matter because the setback for the preserve is 25 feet whether it's a side yard, rear yard, or front yard, and they don't comply with that. The last point I'd like to make is, I was a little concerned over-- Clay somewhat implied that staff made the Griders lop the tail off their lot and give it to Mr. Dunkleberger so they would comply. That was at the Griders' and the Dunklebergers' own volition. Staff did not force them to do that. Under the criteria of the lot line adjustment, if they could meet the criteria -- we review the application and approve it if they meet the criteria. It was a suggestion by staff because at the time they were permitted mistakenly as a corner lot, and so in order to legitimize that comer lot situation, it was discovered that if they changed that angle, they would meet the definition, because I think there was 6 degrees difference between a corner lot and a non-corner lot. So that's all I Page 136 March 10,2009 really wanted to say about that. That was really all the points I wanted to make. I hope I didn't lose you on some of that, but I'd be happy to answer questions. CHAIRMAN FIALA: Also -- well, also the Griders might have somebody representing them that wants to say something at this time, but I have Commissioner Henning and Commissioner Halas. Commissioner Henning? COMMISSIONER HENNING: Susan, no question in my mind you have the ability to try to fix issues, and this is just one of the tools. I'm just scratching my head to where I almost have a bald spot on how you got there, that's all. And if you can provide an example, not on this lot but lots that you were saying that you turned them into a corner lot -- do you have examples on how you made that happen so I can kind of understand that? MS. ISTENES: Let me make sure I understand what you're asking me. You're asking have other -- COMMISSIONER HENNING: Other lots -- MS. ISTENES: -- lots-- COMMISSIONER HENNING: -- it has been stated, I think everybody agrees, that you have done lot line adjustments to make corner lots. Is that a fair statement? MS. ISTENES: Yes. I mean, lot line adjustments are, I'll be honest with you, are a pretty liberal way to change the configuration of the lot because the criteria is very minimal. COMMISSIONER HENNING: Do you have an example with you that's not a cul-de-sac lot to where you take a -- if you want to call it -- irregular-shaped lot and made it a corner lot? MS. ISTENES: No, I don't have an example with me. COMMISSIONER HENNING: Don't have an example. Is it fair to say that Mr. Brooker, one of the examples he pointed out was the Land Development Code on how you measure, and it can't have that degree of 135 feet -- 135-degree angle? Is that the criteria used to it? Page 137 March 10, 2009 MS. ISTENES: Yeah, for a comer lot, and that's the definition for a corner lot, part of the definition of a comer lot, I guess. COMMISSIONER HENNING: Okay. And you're supposed to go from lot line to lot line to make that measurement? MS. ISTENES: This is where it gets tricky. And I may call on Stan. It's-- COMMISSIONER HENNING: I want to understand. MS. ISTENES: I guess I'm trying to figure out what your -- what your question is. COMMISSIONER HENNING: I think Stan understands what I'm asking, is, where you measure from lot line to lot line. MS. ISTENES: How you measure the angle? COMMISSIONER HENNING: Yeah. MS. ISTENES: Okay. Let me get him to explain it. COMMISSIONER HENNING: And maybe if we have the code. MR. CHRZANOWSKI: Good afternoon, Commissioners. Stan Chrzanowski with Engineering Review. Joe told me to be prepared to make the geometry 101 presentation but not to do it if I didn't have to, so it looks like -- some of what you saw is just a little wrong but not a whole lot. If! could get Mr. Mudd to -- it looks real simple. There's a bunch of basic types of curves you use when you're laying out roads and lots and whatever. If you're -- you have circular curves, you have parabolic curves, you have spiral curves. Circular curves are used where you have a -- this; if you go to sleep, I won't mind. Where you have a road with constant speed and you're going around a circle, you want it to be a circle because you have constant motion in one direction. If you have a road where you're coming off a high-speed road onto a low-speed road, you do a spiral curve because the rate of curvature is constantly changing as the deceleration happens. And if you're going over an overpass or say you're building a Page 138 March 10, 2009 roller coaster, you do parabolic curves because a vertical curve feels better when it's parabolic, not circular. The kind of curve you're dealing with here is a circular curve. An arc is any portion of a curve, whether it's a parabolic, circular, or whatever. What you're looking at on that exhibit is a circle with a radius point in the middle of it, and you're looking at another point out in space. Now, if you wanted to find the farther point on that circle from that point out in space, you would go and draw a line through the center of the circle, the radius point, and there's only one point on that circle that is the farthest-most point from that point in space, okay. Now, what you have here is like three different lots. The green lot, the pink lot, and the blue lot. They all have exactly the same frontage. But if you look at the points where -- can you zoom out a bit? If you look at the points where it intersects the arc, you'll see a blue point, a red point, and a green point. Well, those are the farthest-most points from that -- those back comers. And what I was told by the planning department when I asked them, what do you mean by the foremost point, they told me that it's the farthest-most point on the curve from the back corner of the lot. Now, everything I've seen so far from what people have done, they have picked the middle of the arc and called it the farthest-most point. I saw a memo recently claiming that our codes were, I think the word was incomprehensible to the point of being unintelligible to the average person. This is a classic example. Instead of -- if they had wanted to say the middle point of the arc, they probably would have just simply said, the center point of the arc. If -- and when you extend the arc out, not the arc but the two lines that form the arc, the point where those two dotted lines comes together on this piece of paper, that's the point of intersection. Page 139 March 10, 2009 If an engineer had written this definition, he probably would have said something about the angle at the point of intersection. But you're stuck with a definition that says the foremost point. Now, I have a couple other examples here, but it will just muddy the water. What you have is -- I'll show you something. Olde Cypress Unit 2, you were looking at those -- the other lot that Clay Brooker was talking about, and you have Lots 15 and 24. Well, Lot 15, this is a blow-up of that plat. And could you zoom out, Jim? MR. MUDD: Sure. MR. CHRZANOWSKI: It's a blow-up of Lot 15 on the plat. And if you look, the pink line is from -- well, there's your circle that the radius forms, there's the radius point. If you go to the comer, that's the foremost point of the lot, not the center of the arc, which would be here. When you do the measurement from this corner to the foremost point of the arc to that corner, you come up with 162 degrees. COMMISSIONER HENNING: Where are you measuring the 162'1 In the road there? MR. CHRZANOWSKI: The internal part of the arc here. This is a 180, a straight line. This is a 135, the blue line. So that lot there is a 162-degree lot. That's definitely not a comer lot. Lot 24, roughly the same case. You have the -- this time it's a little closer to the center of the arc because when you start at the far point, you come through the radius point, you come to here. That's the farthest-most point of the lot from the back corner, and the angle through there is 163 degrees, this being the 180, the straight lane, this being the 45 off the 90, which is the 135. Now, the Grider lot is that lot there. And if you look-- MR. MUDD: That's 28, right? MR. CHRZANOWSKI: That's Lot 28, right. If you look at Lot 28, when you draw the arc, the farthest-most point is here. It's very close to this comer, which opens up this -- I'm sorry. It closes up this Page 140 March 10, 2009 arc a bit. And you end -- originally they had 140 degrees, about 5 degrees off. This is the 135-degree, and they came to 133. They said 134 because they picked the foremost point. I couldn't see any reason to say anything about it because they both work, and I wasn't about to muddy the water any more. But by the definition that the zoning department has given me, the foremost point of the lot is not necessarily the center of the arc, but this lot works from a geometry point of view. Now, is that in answer to the question? COMMISSIONER HENNING: Yes. You even dumbed it down enough for me to somewhat understand. MR. CHRZANOWSKI: Thank you. COMMISSIONER HENNING: The -- now, let's go to language in the Land Development Code. MR. CHRZANOWSKI: I don't do that. I think Susan does that for you. MR. MUDD: I can get it for you. It's right here. Is this the language you want to see, sir? MR. CHRZANOWSKI: Corner, a lot located in the intersection of two or more streets, a lot abutting a curved street or street shall be considered a corner lot if straight line drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle ofless than 135 degrees. COMMISSIONER HENNING: Right. MR. CHRZANOWSKI: And that's what we have, 133, as of my measurement using my -- zoning's interpretation of the foremost point. COMMISSIONER HENNING: Now, can you go to that -- your graphic and show me the straight line? MR. CHRZANOWSKI: Well, the straight line is the -- you mean the 180'1 COMMISSIONER HENNING: When you get the measurement, Page 141 March 10, 2009 it says to go from lot line to lot line. MR. CHRZANOWSKI: This is the foremost point of your corner lines. COMMISSIONER HENNING: Zoom out, County Manager. MR. MUDD: Yes, sir. MR. CHRZANOWSKI: I'm sorry. COMMISSIONER HENNING: All right. MR. CHRZANOWSKI: This is the foremost point of this corner line, and this is the foremost point of the present corner line. COMMISSIONER HENNING: Correct. Now show me the straight line. MR. CHRZANOWSKI: The straight line is the 180 here; is that what you mean? And when you come off that, 30, 45 degrees to the 135, that's the minimum, and this is 143 right now. COMMISSIONER HENNING: I'm just trying to -- the code says it goes -- you draw a straight line from one comer of the lot to the other. MR. CHRZANOWSKI: Oh, that's this straight line here from the point and the straight line from the furthest point to this corner here. COMMISSIONER HENNING: So the code should say, draw two straight lines. MR. CHRZANOWSKI: As an engineer, the code should say the point of intersection of the two tangents should be -- but it doesn't. It says -- COMMISSIONER HENNING: Well, then I have to ask the question. Was the code written intentionally so you can't take a cul-de-sac lot and turn it into a corner lot? MR. CHRZANOWSKI: It says, a lot abutting a curved -- shall be considered a corner lot if straight lines, that's two lines -- COMMISSIONER HENNING: Straight lines. MR. CHRZANOWSKI: -- going from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle Page 142 March 10,2009 of less than 135, so-- COMMISSIONER HENNING: I got it. MR. CHRZANOWSKI: Should I sit down and let Susan take over again? COMMISSIONER HENNING: There's -- Stan, there's one other thing, and I'm sure you can answer it. Now you changed the lot to where you have two sides and two -- no -- yeah, two sides and two fronts. How did we come to determine that the width of the new lot meets the PUD standards, the development standards? MS. ISTENES: Are you asking to describe that measurement as well or -- COMMISSIONER HENNING: Yeah, yeah. How do you -- how do you come to that conclusion? MR. CHRZANOWSKI: I don't have the PUD in front of me. I don't know. COMMISSIONER HENNING: Sorry to take up so much time. MR. MUDD: Commissioner, what Susan just told me is she needs a couple seconds to look that up -- COMMISSIONER HENNING: That's fine. MR. MUDD: -- in order to get that particular issue. So if you want to move to a different item, she'll look it up. COMMISSIONER HENNING: That's fine. CHAIRMAN FIALA: Commissioner Halas has a question. We'll go there. COMMISSIONER HALAS: I don't know if it's a question or just a conclusion I've come up with here. Number one is, we had an individual who designed a home that was bigger than could encompass the lot using our Land Development Code. The person who designed this house basically just thumbed his nose at -- or her, whoever it was -- thumbed their nose at our Land Development Code. And the issue with the 25-foot setback from the preserve was Page 143 March 10, 2009 something that came into the equation later on. What came into the equation was that when staff realized they had made a mistake because someone wanted to build a house bigger than was incorporated on this lot, they then came to the county to try to figure out the best way to encompass this huge house. The only way they could do it is to adjust the lot line. And so here we are today with this lot line, even though we have litigation pending on the 25-foot setback from the -- from the preserve. What this amounts to is where there has never been a change that I could find using a cul-de-sac and manipulating the lot to encompass a building that shouldn't have been built, and instead of saying to the developer or the builder or whoever it was, you are in violation, you have a responsibility even though we issued the building permit, the end result was we wanted to find a way to play the game to try to make this house conform on the lot. That's the bottom line. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: About the lot width? MR. CHRZANOWSKI: Susan tells me that the minimum lot width is 60 feet for a single-family detached, but I'm not sure how you would compute -- okay. All right. The -- the lot is supposed to be 60 feet wide, and it's measured by drawing the chord and then a straight line parallel to the chord through the middle of the lot. And in this case, that would be -- let's see. This being the chord, you set back, and the measurement would be through here. And you can see that this is 46 feet, so this width is probably double that at least, more than 60 feet. COMMISSIONER HENNING: Well, as I read the code, on a corner lot, the frontage of a corner lot is the shorter of the street, shorter side of the streets, and actually there's a -- there's a pictric of it in the Land Development Code. Susan, you know what I'm talking about? It's under definitions. Page 144 March 10, 2009 MS. ISTENES: Yeah, and I'm not sure I have all the definitions. But the frontage is going to be that which is -- well, the front of an -- oh, an interior lot. COMMISSIONER HENNING: I could get my code. MS. ISTENES: No, I've got it right here. For the purpose of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to streets are to be considered frontage. So anything adjacent to the street is your front. And then in a comer lot configuration, anything not adjacent to the street would be your -- a side lot line. COMMISSIONER HENNING: Can you put that on the visualizer, please? Well, that's the old code. Are we -- are we going by the old code? Because you permitted this -- you did this lot line adjustment in 2007, right? MS. ISTENES: Correct. COMMISSIONER HENNING: And you used the new code, unless it was not carried forward from the old code. MS. ISTENES: Correct. So I just -- in this case I used the old code for the whole thing because it's the same, because some stuff wasn't carried forward. So rather than try to go back and forth between the two and confuse everybody, I just took everything from the old code. COMMISSIONER HENNING: Okay. Let's start out where you were reading where it says corner lot on how you measured the width. Where's that -- where's that in the writing? All right. The minimum lot width on a cul-de-sac, which we know -- we don't want -- we're not a cul-de-sac anymore. MS. ISTENES: We are in a cul-de-sac. COMMISSIONER HENNING: Huh? MS. ISTENES: Yes, this lot is on a cul-de-sac. COMMISSIONER HENNING: It's a comer lot now. Page 145 March 10, 2009 MS. ISTENES: It's still a cul-de-sac. Cul-de-sac lots can be comer lots. COMMISSIONER HENNING: Where's the -- it's a comer lot. I mean 1-- , MS. ISTENES: A corner lot by definition of the code doesn't necessarily have to be a 90-degree angle fronting on two different streets. I do have the language that describes that, if you want to see that as well. COMMISSIONER HENNING: Right. How are other corner lots in this development, the sidewalk access measured? MS. ISTENES: Well, it's by definition depending on the layout of the lot, so you would take the definition and apply it depending on the layout of the lot. They all have to meet the minimum for a single-family of 60 feet. So as long as they meet 60 feet or more, they are legal lots. COMMISSIONER HENNING: Correct. MS. ISTENES: And that's all reviewed at the platting stage. So the plat isn't approved unless the lots meet the minimum dimensional requirements. COMMISSIONER HENNING: I'll tell you what, I'm going to let this go for now, but I want to come back to it, I want to go get the old code, I want to go get the new code and address it because, again, I'm going bald of trying to figure this out because I'm reading it -- MS. ISTENES: Are you contending that the lot isn't wide enough per the -- COMMISSIONER HENNING: I don't know. That's what I was wanting an answer on. But you're measuring -- you got -- you now have two fronts, and the reason that you have two fronts is so you can create two sides. That's the whole purpose of that, to try to get to that, you know, that size building in that envelope. So the way I see your -- the code is laid out on a corner lot -- because that's what you created is a corner lot -- you measure one Page 146 March 10, 2009 width of the front, so -- and I'll get back to that, because I don't want to belabor the point. CHAIRMAN FIALA: Okay. So then we'll go on to the representative for the Griders. MR. YOV ANOVICH: I apologize. I'm a little confused on the process. Do I get to ask staff any questions or do I make my presentation and then I ask staff questions? CHAIRMAN FIALA: Well, that's what we're doing is actually -- MR. YOV ANOVICH: Asking questions of staff now, or are we making presentations? CHAIRMAN FIALA: No. Well, according to -- we have -- MR. YOV ANOVICH: I'll go either way. CHAIRMAN FIALA: -- a little sketch here, and right now it's, the staff and Griders present their case, and then the appealing party can ask questions, and certainly you can as well. MR. YOV ANOVICH: Okay. Well, I can -- I can do that through my presentation by -- I'll ask questions of some staff as part of my presentation. I'd like to start out with a confession. I had a flashback to ninth grade geometry, and I remembered what my grade was. It was barely passing, and that's when I decided that I should not become an engmeer. I didn't understand a whole lot of what Stan said, but I -- and I think that's why we are where we are in this process. What I want -- what I want to do is, since the Griders have really never had an opportunity to explain how they got to this situation -- and I think by some of the comments that have come out, there's some information that clearly you all are not aware of on how we got to where we are. And I want to go back to before Craig and Amber bought the lot and the information they had and the information they sought so they would know what the building envelope was for their lot so that they could, by using an analogy, color within the lines and not go outside Page 147 March 10, 2009 of the lines. And it started with an email to David Hedrich on August 26, 2005, and I'm going to put the email up and show you the attachment to that email. And I finally remembered to bring my glasses. Okay. It's an email.it.s very short. It says, here -- it's to David, and you all can read, but I'm just doing it for the audience. Here is the sketch showing the lot along with the radius and chord setbacks. As we discussed, I would like to use the chord setback in the front yard cul-de-sac side. Can you confirm this is okay conceptually? Thanks. Okay, and then eventually he says yes. But this is what was attached. And this document is the marketing piece that Stock Development was utilizing for what the building envelope is for this particular Lot 28. And what Craig was trying to confirm -- as you can see it had a 25-foot setback on this portion of the road, on the cul-de-sac portion of the road. It had a 5- foot setback over here, and here it was 10 feet. And the reason that it was 10 feet was because there used to be a golf course easement over that 10 feet. That golf course easement ultimately went away because there's no golf course there. But if you look at the document that went there, at the very top -- and we think that's being shown right now -- is the word preserve. So the county was told that to the north of this property was preserve. The county at no point ever said to Craig, because you're adjacent to a preserve, you've got a 25-foot setback. So your question about -- that 10-foot's not applicable. It's really a 25-foot setback. So that question was put to the county and the information provided. It was followed up with another emaillater on because it was determined that he was a corner lot, and then Craig realized he has two sides. Now, with the two sides it would be 5 foot adjacent to the Page 148 March 10, 2009 northern property line, which is -- this is the northern property line. So what he -- what he realizes, if he made the golf course easement go away, he would get an extra 5 feet because he has a 5-foot setback. He follows up in November of the same year wanting to confirm what the envelope is. What I've underlined, again, he says, also the rear of the lot is preserve. So Craig and Amber had always pointed out to the county to the rear of the lot that there was this preserve. The county never said to him, hey, it's a 25-foot setback from that preserve. A mistake happened, okay. There's no question a mistake happened. We understand the results of the official interpretation. We're not here to argue that. But I don't think it's fair to say that Craig and Amber tried to get the biggest building envelope possible, design the house, and then tried to use the process to make it fit. They attempted to get the right information to come up with what is the envelope that needs to be built. It went through the review process, county staff approved the house, it got built, it got substantially complete and then, oops, it was discovered that this is not a corner lot. For all the geometry reasons that Stan explained to everybody, this may not be a corner lot under the county's definition. So what was the fix? The fix was two -- there's two options to fix this. Go through the lot line adjustment process, which is cheaper than going through the replat process, or replat his lot and Mr. Dunkleberger's lot to create the corner lot. Either one of those processes are legal. The results may not make the neighbor happy, the maybe neighbor to -- I forget which direction that is. I think that's west. It may not make the neighbor happy, but it fixes a problem that's out there, short of tearing the house down. So he started with information provided to him that gave him a building envelope, he confirmed with the county what was the Page 149 March 10, 2009 building envelope, the county permitted that building envelope, and then it was discovered that there was a mistake, and how do you fix the mistake? You use the legal processes available to fix the mistake. It's not wrong. It's not wrong to be the first one to use code provision to fix a problem. This is a problem. We utilized the lot line adjustment process to fix the problem. Now, I know people are trying to imply that, you know, staff came up with a solution. I also told Craig that there's a lot line adjustment process to fix this problem. So it wasn't just staff who suggested the resolution of this. I also suggested that you can do a lot line adjustment to fix the problem. So -- and I will tell you that the argument that somehow using the lot line adjustment process to give you more of a buildable area has never been the standard for the review of lot lines, and you can't find that anywhere in the written terminology. You have four criteria that you can apply for a lot line adjustment. And as Susan has eloquently pointed out, we meet all four. It's a fact. We meet all four of those criteria. If you wanted other criteria out there like what's the impact to the neighbors to the west, you would have put that in there as criteria. You don't have that as a criteria. I can pull Stan up here really quickly to talk about unusual lot configurations through the platting process. But I will tell you that Twin Eagles, if you were to look at the plat of Twin Eagles and how they came up with those 5-acre lots so that they could fit the golf courses around there and meet the minimum that was required in the agricultural zoning district for 5-acre lots, I think Stan will confirm to you that they're rather irregularly shaped. Did Stan leave? Where'd he go? There he is. I think he can come up -- and maybe he should for the record so if there is -- there's an appeal of this. Stan, can you come up and answer the question about whether or not had we platted that lot originally with the tail, would the county Page 150 March 10, 2009 have approved the plot? Because I think that's important. MR. CHRZANOWSKI: Good afternoon. Stan Chrzanowski, again. Yes, we'd have approved it. Like Rich said, there's a project called Twin Eagles that needed 5-acre lots. They ran their lots in all different configurations up through wetlands and across lakes. Only the first half acre on most of them was buildable. The back four and a half was totally unbuildable. You couldn't even get to a lot of them. And it's the lot size that we care about. If we had seen this, the tail on the one lot, they moved the tail to the other lot, we probably wouldn't have cared. We generally discourage odd-shaped lots, but we don't -- if somebody has to do it for a reason, we allow it, like we did with Twin Eagles. MR. YOV ANOVICH: This is plat -- and I've drawn -- that's my arrow to the lot. That's the Grider lot, Lot 28. I think when you look at that, my first reaction to looking at that is, clearly that's a corner lot. I mean, I looked at the angle. The angle I looked at was this right here, and I would have -- I would have said that, you know, that looks like a comer lot to me. I think that's what your staff person did when they reviewed it, keeping in mind that when the recodification happened in 19 -- I'm sorry -- 2004, some definitions were left out and not available to -- probably to that staff person. And there's been confusion for a lot of us since 2004 as to what is or is not within the Land Development Code, so mistakes do happen, and I think that's what happened here was a mistake. Staff assumed it was a comer lot and permitted it as such. To now -- so now what we're trying to do is fix -- fix an issue through the legal process, and the lot line adjustment is one legal process available to us. A replat of the property is another legal process available to create this as a corner lot. I think the real issue here is -- let me go back. I take that back. I was involved in a case, an eminent domain case involving Collier Page 151 --.<-_.~..."_._..,,..- "Y' _....-- March 10, 2009 County where Collier County had taken a portion of a platted lot in Pine Ridge. It's on the comer of Goodlette-Frank Road -- it's the northwest corner of Goodlette-Frank Road and Pine Ridge Road. When they took the frontage along Pine Ridge Road, they created a lot that was no longer legal. And I said to the county, guess what? You just bought the entire property. And they said, why? I said, because I can't build on that lot. And they said, well, we'll buy the lot, but will you agree to sell us another ten feet from the property to the north and go through the lot line adjustment process to fix the problem? So the county itself plans on using the lot line adjustment process to make an illegal lot now buildable. That's got -- if this is considered substantial, that's certainly substantial because you've taken a lot that can't be built on at all and making it buildable. That's never been the way this has been applied historically. I think it's a stretch to say that what we're doing is improper under the code. I think you're stretching the English language to come up with the arguments that Clay is making. I think your staff is absolutely correct on the lot line adjustment. I think the facts all show that we're allowed to use this process. What it all comes down to is -- in my opinion is that I think that people may not be so sure on the preserve argument. They don't want to trust a judge to back you up on your decision. If you're wrong on your decision, then the Grider residence should stay as it is. If you're right on that decision, then there's a 25-foot setback and Susan's correct that it doesn't matter whether a 5-foot side or a 20-foot rear -- and I'll point out to you -- is that under the PUD, the front yard requirement is 25 feet. The rear yard requirement is 20 feet. When you become a comer lot -- and you have your two sides. You always have the two sides. When you become a comer lot, you now have a 25-foot setback and another 25-foot setback where you Page 152 March 10, 2009 normally had a 25-foot setback and a 20-foot setback, so you're more restrictive in going to the corner lot because you have a larger setback because now you have two fronts instead of a front and a rear. So we are, as a couple of predecessor county attorneys said, we are where we are. We're in a bad situation. There's -- I don't think it was intentionally anybody's fault. The box didn't get drawn properly. We have to find a way to solve this. Craig and Amber have availed themselves to the lot line process, and they're allowed to do that. And we'll let a judge decide on the preserve Issue. We have applied for the variance. I haven't submitted yet because it didn't make any sense to submit until we find the results of today's proceedings, because I don't know if I'm asking for one or multiple variances. That's my comments regarding what you have. I'll leave copies of all these emails and plats for the record. I don't think I have anything else to add, and I'm available to answer any questions that you may have regarding my presentation. CHAIRMAN FIALA: And Commissioner Henning has a question. COMMISSIONER HENNING: Mr. Y ovanovich, wasn't this a similar issue in the City of Naples where you represented your client? MR. YOV ANOVICH: And you know -- and that's why I originally told Craig and Amber, no, I didn't want to be involved, because that was a bad situation as well, and it was similar. The city staff in that instance permitted a building, approved the plans, and decided they made a mistake. But the difference there and the difference here is they caught that when the block was up for the side walls, roof wasn't up. You didn't have a substantially completed house. And ultimately we reached a compromise on that one through the variance process. Here, this is a tough case. I didn't really want to be here, but Page 153 March 10, 2009 Craig and Amber asked me to help them, and I agreed to do it. COMMISSIONER HENNING: Thank you. I just have -- I found a -- Madam Chair, the figure from our Land Development Code. CHAIRMAN FIALA: Okay. Do you want to have the county manager put it up for you? COMMISSIONER HENNING: Yeah. And it's figure 2. Actually, it's over on -- go down. There it is. I guess the question, Susan, I have for you, on this comer lot here, it gives you the frontage. MS. ISTENES: The Grider lot, is that what you're referring to or COMMISSIONER HENNING: This figure on the visualizer now. What was the purpose of this figure? MS. ISTENES: Off the top of my head, I'm not -- I don't have the reference, just based on this figure, but my guess is it's just to show what the definition of frontage is, where it would be located. Are you referring to -- I mean, there's several things on the drawing. COMMISSIONER HENNING: Right. MS. ISTENES: Are you referring to the line here that says frontage? I'm going to give you a really basic answer. It's just defining where the frontage is. I don't know if it's in reference, as a comparison of these two lots or that, so -- COMMISSIONER HENNING: Well, I think you would want to measure your width from the frontage -- your front, frontage of the lot. I mean, that's where I'm -- what I'm taking from the new code. MS. ISTENES: There is descriptions about where to take width measurements from double-fronted lots. Is that what you're possibly referring to? COMMISSIONER HENNING: Correct. MS. ISTENES: I'm not sure that's consistent with this drawing though because that description talks about the main entrance to the Page 154 March 10, 2009 house as being the point at which you look at the road and the frontage and determine the lot width. Am I on the right track? No. COMMISSIONER HENNING: To me you want to measure the frontage of the lot to figure out what your width is -- I think that's what it's trying to tell us. MS. ISTENES: I'm looking at that as two lots though. That's why I'm not understanding how you would measure the width of one lot. COMMISSIONER HENNING: And you have to pardon me. I go from MUNI now to the printed -- printed code, and what I seen out of the MUNI code, it is, that's how to measure the frontage on a corner lot. MS. ISTENES: I'm looking for the reference to figure 2 here so I can put the reference -- COMMISSIONER HENNING: Maybe we could deal with that later. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: I'm sorry. CHAIRMAN FIALA: That's all right. I have Commissioner Halas, and then we're going to have the appealing party ask any questions. Commissioner Halas? COMMISSIONER HALAS: Well, I tell you, to be honest with you, I'll just see where this goes, but I've -- I think we've spent a lot of time on this thing. We could spend here till midnight, and I make a motion to approve the applicant's appeal that this lot line adjustment is inconsistent with our Land Development Code. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Now-- MR. KLATZKOW: We're not done with the presentation. CHAIRMAN FIALA: Okay. So we can't -- we can't move Page 155 March 10, 2009 forward on that motion? We have to -- MR. KLATZKOW: No. CHAIRMAN FIALA: Okay, thank you. Thank you for your guidance. All right. MR. YOV ANOVICH: I was just waiting to see ifthere's any questions. CHAIRMAN FIALA: But that stands. The motion and the second still stands, right? Okay. So now the appealing party may ask questions. MR. BROOKER: Thank you very much. I have two questions, one of Rich and then one of Stan, and so I'll be very, very brief, and then maybe we can entertain the motion. First, Rich, you mentioned an example of another lot line adjustment on Pine Ridge and Goodlette, I think you gave -- you gave that example. Was that yes? MR. YOV ANOVICH: Yes, sir. MR. BROOKER: Was that a conversion ofa non-comer lot to a corner lot? MR. YOV ANOVICH: Actually, it would -- it did involve a corner lot. MR. BROOKER: Did it convert a non-comer to a corner? MR. YOV ANOVICH: It actually made the lot -- the corner lot that became an illegal corner lot a legal comer lot. MR. BROOKER: Typical lawyer answer. So if! could dissect that, what that means is in the before case it was a comer lot and in the after case it was a corner lot. In the after case it simply became legal. It wasn't a non-corner lot to begin with, correct? MR. YOV ANOVICH: That is correct. Is that good? MR. BROOKER: Thank you. That's all I have for asking questions of an attorney. They tell you in law school, never ever cross-examine an attorney. Second, Stan, very quickly, there was a lot of talk about where to Page 156 March 10, 2009 measure this foremost point of the lot and determining how to measure that interior angle, and I believe Stan will simply confirm that even though my exhibits may not match up with your definition of where the foremost point of the lots is, as a matter of fact, can you confirm that in the before condition, before this lot line adjustment was approved, it was, in fact, a non-corner lot? MR. CHRZANOWSKI: Yes, it was 140 degrees. MR. BROOKER: Thank you. I have nothing further. CHAIRMAN FIALA: Okay. Now, any members of the public registered to speak? MS. FILSON: Yes, ma'am. I do have one person. Diane Ebert. Do you want to speak, Diane? MS. EBERT: Yep. Good afternoon, Commissioners. For the record, my name is Diane Ebert. You're right, we've been involved with this for a long time. All I want to say is -- there's a lot of things I'd like to say, but you cannot take our PUD development standards for residential lots as a county employee and be changing them for your preference. They took our PUD, standard development -- development standards and they tried to change this. We are 55 villa single-detached homes, and this is what they used for all of them. It was never platted as a corner lot. It really can't be one. And even -- they admit at the beginning that it says, we'll have to put the builder on official notice that the house is not in compliance with the development standards as prescribed in the PUD and pursuant to the LDC. Thank you. CHAIRMAN FIALA: And now we will close the public hearing. COMMISSIONER COLETTA: Ma'am? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: I do have my light on. Page 157 March 10, 2009 CHAIRMAN FIALA: Oh, I'm sorry. Okay. But we still close the public hearing now that the public has spoken, correct? MR. KLATZKOW: There's no one else. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah, thank you. I have several questions, and I'm not too sure, but may I address them to our county attorney? CHAIRMAN FIALA: Sure. COMMISSIONER COLETTA: Okay. There's a lot of things that were brought up here, and I'm still trying to separate the -- all the issues to find -- get down to really what we're talking about here. And I just need to clarify something. Mr. Y ovanovich and his clients are a member of the same law firm. Is that anything we should take into consideration in our deliberations? MR. KLATZKOW: I don't think it's relevant. COMMISSIONER COLETTA: Okay. That the home was built on a lot inexclusive (sic) of the lot lines as we're going through right now, is defined by some as a megahouse. Is that something that we should take into our considerations? MR. KLATZKOW: Only to the extent if you think that the house is too large for the lot. COMMISSIONER COLETTA: Well, inexclusive of the lot lines itself, the size of the house. MR. KLA TZKOW: I don't know what a megahouse is except my own -- if a megahouse is a house that's too large for the lot, then yes, but it's only because they have exceeded the setbacks. COMMISSIONER COLETTA: If it exceeds the setbacks, correct. MR. KLATZKOW: Yes. COMMISSIONER COLETTA: But the word megahouse in itself isn't reason enough to be able to refuse. MR. KLATZKOW: I don't know what else megahouse could Page 158 March 10, 2009 mean. COMMISSIONER COLETTA: Okay. That the application of the corner lot, being it's the first time that this was -- this application was used, whether it was or not, we really don't know for sure, but if it is the first time, is that something that we should keep in considerations? MR. KLATZKOW: They either have the right to ask for it or they don't. Whether or not it's been used before, I don't -- if it's been used customarily then, yes, you could take that into consideration. But the fact that this might be the first time -- and we have no evidence one way or the other -- I don't think that that should bar somebody from utilizing it. COMMISSIONER COLETTA: Okay. We just heard testimony that it was never platted as a corner lot. MR. KLATZKOW: You didn't hear any testimony. You heard Mr. Y ovanovich say that. COMMISSIONER COLETTA: Okay. Then the next question, I guess, would be for Stan, if I may. There -- the statement -- I may have picked it up out of my book or somebody may have said it, but that the county has been using the core (sic), am I saying that right, core method for over 20 years? Did I hear that or is this something I'm reading into it? And explain exactly what that means. MR. CHRZANOWSKI: A chord is the straight line between any two points on an arc. So when you have -- and it's -- you got the concept of concave and convex, the concave side of an arc is the arc -- is the part of the arc that looks like the cave, which would be the street side of a cul-de-sac lot. The convex would be the lot side. So on the concave side, you draw the chord from side lot line to side lot line across the lot, and it -- Susan has some exhibits. We have some industrial lots where the lot takes up half of the cul-de-sac, so the chord actually cuts through the middle of the cul-de-sac. The Page 159 March 10,2009 setback puts the building out into the cul-de-sac. It would be a very complicated decision, or situation. But that's what the chord means, C-H-O-R-D, chord. It's simply the straight line between two points on an arc. COMMISSIONER COLETTA: Thank you. MR. CHRZANOWSKI: You're welcome. CHAIRMAN FIALA: And I have more commissioners that would like to ask questions, but at the same time, we still have -- we still want to hear a summation by the zoning director, the Griders, and the applicant. So would Commissioners mind waiting just a minute? COMMISSIONER COYLE: How we going to do that after you closed the public hearing? MR. KLATZKOW: The public hearing isn't closed. COMMISSIONER COYLE: It's been closed. So we're going to have more presentations from the Griders? CHAIRMAN FIALA: This is the summation. MR. KLATZKOW: This is just the summation of their cases. By the public hearing, it was people outside the parties. CHAIRMAN FIALA: Oh. I can -- I can open the public hearing back up if you would like, okay. I closed it a little early. I just thought after the public spoke we should close it. MR. KLATZKOW: I thought you meant the public speaking. CHAIRMAN FIALA: Thank you. Okay, fine. So I'm opening it back up then, and now we have -- we have public comment from the zoning director and then from the Griders and then from the applicant. MS. ISTENES: Susan Istenes, Zoning Director. I don't really need to sum up. I think the executive summary does that pretty clearly. All I would ask is if you do deny the -- I'm sorry. If you do support the appeal, meaning you deny the lot line adjustment, if you would explain your reasons why. Because like we put on the record, this is a pretty standard, common application, and if Page 160 March 10, 2009 there's things that staff is doing that you feel are inconsistent with the code, we would just ask for that clarification. Thanks. CHAIRMAN FIALA: Okay. And now we hear from the Griders. MR. YOV ANOVICH: I think we're all in an unfortunate circumstance. I don't know how it spun so out of control, but it did. And we need to objectively look at what does your Land Development Code say, and your staff who is charged with interpreting and implementing the Land Development Code has clearly stated that the lot line adjustment is consistent with the Land Development Code. I, for the life of me, can't think of anything in the criteria that we don't meet other than we're the first one to use it for a comer lot. I think people are struggling with, this is the first time this is happening, and you're struggling with, that perhaps the neighbor will now have a house that can be built closer to the north property line. Keep in mind that the law does not give the neighbor any right to a view. I am sorry that the neighbor will have a house built closer to that north property line. Had the proper envelope been given to Craig and Amber, they would have built within that envelope and, candidly, could have built a house bigger than what's there today. And we have provided that information to the neighbor. We've shown them, if we lose every argument, every argument, the 25 feet from the preserve, the -- we're not a corner lot, that we can't use the chord, the result will be the house will have to be tom down if we lose the variance -- and I don't have any reason to believe we won't win -- we will lose the variance other than to believe we'll lose the variance, the house -- and if the judge says, tear the house down, the house will get torn down and someone will build a bigger house than there is today with the same configuration. Is that truly the result that is intended by the board? No. The law gives them the ability to fix this. They can fix a part of it. They can fix the front yard setback and the side yard setback by -- through Page 161 March 10, 2009 the lot line adjustment process. This is the first time it's being utilized. That doesn't mean we're not utilizing the code properly. Your staff has said we've met all the criteria. I haven't seen any evidence to the contrary that we haven't met the criteria. And as you know, if we meet the criteria, we're entitled to use the process, and that's all we're asking to do is apply the facts to the criteria and uphold staffs determination that the lot line adjustment is valid and proper under the code. CHAIRMAN FIALA: Thank you. And now we'll hear from the applicant. MR. BROOKER: Thank you. Briefly, Clay Brooker, again, for the record. Again, we will rely on the criteria in the Land Development Code for a lot line adjustment. Is this an insubstantial change where you lop off 240 square feet of non-buildable area to gain 1,337 square feet of buildable area? We believe that's substantial, we believe that increases your development rights and, therefore, the criteria are not met for approving the lot line adjustment. Secondly, we -- we've heard from Ms. Istenes that this lot line adjustment was approved to, and I quote, legitimize a staffs error. That staffs error was used to -- or resulted in a bigger house being placed on this lot than would otherwise have been permitted and, therefore, we ask for your support in granting the appeal of the LLA. Thank you. CHAIRMAN FIALA: Okay. Now we will close the public hearing. And Commissioner Henning? COMMISSIONER HENNING: I -- Susan, I found my answers. You're correct. I'm going to try to do this differently so I don't have to waste so much time, everybody's time. The only concern that I have is the intensity of the lot. And it's Page 162 March 10,2009 no different than a case that we had a few years ago where a staff member says, well, you could candidly build the seawall to increase the setbacks. I think the intent of our code is to allow staff to make some insubstantial changes. Not to increase the intensity of a particular property, but to try to assist our residents to come into compliance. CHAIRMAN FIALA: Okay. And Commissioner Halas. COMMISSIONER HALAS: Yes. The motion -- the motion that I made, this is in regards to 7 A, and there will have to be a second motion for 7B, but it's for 7 A. And, again, this is a motion to approve the applicant's appeal that it's inconsistent with the lot line adjustment, and this is in favor of the LLA, and the reason being is it demonstrates that the lot line adjustment in this case does affect the development rights, and I believe it also permits more density on the property. So that's my -- what I put into the motion. And County Attorney, is that sufficient? MR. KLATZKOW: Yes. My understanding is that you're ruling basically on Clay's position. COMMISSIONER HALAS: That's correct. CHAIRMAN FIALA: Okay. Now does everybody understand the motion? Did you want to say something. Oh, yes, you do. COMMISSIONER COYLE: Yeah. I would just like to say that there is no good answer here. I believe based upon the information that was presented here today that the Griders did ask for approval from the staff and they got the wrong answers. And I think it's a tragedy that somebody will build a house based upon a set of assumptions that are validated by the government and then be faced with the possibilty of tearing it down. It is a terrible situation. But the -- it's just as bad for the plaintiffs in this particular case. They have every right to believe that the government will accurately and fairly implement the provisions of our Land Development Code, and I do not think that we have. Page 163 March 10,2009 I think that -- that from the time this lot was permitted as a comer lot, in error, the staff moved from one attempt to cover it up and justify it to another, and that that effort continued even after the house was completed. Based upon the emails I have seen, there were senior members of our staff who were trying to solve the problem by making other decisions, administrative decisions, so it would go away, and that is clearly not defensible. And my reason for voting in favor of this motion is that it was not an insubstantial change in accordance with Paragraph 4.03.04 of our Land Development Code because it did let larger development occur in violation of setbacks, and the impact on the neighborhood, particularly the neighbor to the west, was not insubstantial. I also find that it violates the spirit of Paragraph 4 of that same provision concerning the densities and intensities of use. I agree that it did not create additional lot or lots, but it did increase, in my opinion, the density/intensity of the lot that was in existence. And I think that is a violation of the spirit of that particular provision. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: I also believe not only was the government possibly at fault, but I also think that the designer and builder could have been at fault because of the fact that this is their occupation, they should have a full understanding of what they're dealing with before they get started building a particular -- whatever it is, whether it's a residential home or whether it's a commercial piece of -- a commercial property. They have a -- should have a full understanding of what the regards are, and if they're not, then make sure they've got true clarification prior to moving on. So there is a responsibility by the developer also. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Do we have any further discussion? Page 164 March 10, 2009 (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? COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. You have a 4-1 vote. Thank you very much. Now we're onto 7B. COMMISSIONER HALAS: I only know one commissioner that -- on the dais that might have had some experience with chord, and maybe Commissioner Coyle can lead us in that area. COMMISSIONER COYLE: Okay. I don't have any argument with the staff that they have, in fact, used the chord method in the past, but the chord method doesn't provide for violations of setbacks. And in this case, it did violate setbacks. As I understand the guidance from the county attorney, the LDC does not permit the chord measure methodology to result in an actual setback less than 18 feet, and in this case it did. So in my opinion, the issue is not whether the chord measurement can be used. It is that the chord measurement cannot be used to allow a violation of the setback. So I would vote also to approve the appeal of that particular decision by staff. CHAIRMAN FIALA: So I have a motion on the floor. COMMISSIONER HALAS: I'll second that. CHAIRMAN FIALA: And a second. COMMISSIONER HENNING: I don't -- I have concerns to the process. I think we need to go through the process. Page 165 March 10, 2009 CHAIRMAN FIALA: Tell me what you mean. COMMISSIONER HENNING: Well, we set up a process to where our staff can explain, and actually the applicant paid money to petition the Board of County Commissioners. Some of the commissioners agree with that. I haven't heard our staff or I haven't heard Mr. Grider's representation. CHAIRMAN FIALA: These were all grouped into one. You mean you want to separately address this particular -- COMMISSIONER HENNING: Well, are these grouped together? COMMISSIONER HALAS: Yes, they are. COMMISSIONER HENNING: Did you present on this item separately? MR. BROOKER: Not yet, unfortunately. CHAIRMAN FIALA: Oh, I thought that's what we did in the beginning. COMMISSIONER HALAS: There was some explanation of the chord here early on. MR. BROOKER: And based upon the comments, with your indulgence, I will be five minutes. This one's a lot less involved. If-- because this is a separate appeal that deals with the front yard setback -- have not been talking about specifically the front yard setback appeal yet. What we've been talking about up to this point was a lot line adjustment to convert a non-comer lot to a corner lot and everything that's involved in that. You're going to hear the word chord here in the next appeal, but this is, in fact, a separate appeal. Is that fair, Mr. Klatzkow? MR. KLATZKOW: I think the prudent thing to do would be to hear Mr. Brooker and just go through this. And I don't think we should spend nearly as much time on this as we did the prior one. CHAIRMAN FIALA: Oh, please. You're going to lose us all. Page 166 March 10,2009 MR. BROOKER: And I'm already lost. But the danger here is if I don't make a presentation and someone in the public wants to appeal this particular vote, I've got no record to rely upon, so I will be very brief. Thank you. And I'm going to piggy-back on Commissioner Coyle's opening statement, if you will. This is the definition of a -- the front yard in the LDC. And I will simply go right to the second sentence that's highlighted here. In the cases of the irregularly shaped lots, including culs-de-sac, the depth may be measured at right angles to a straight line joining the foremost points of the side lot line. That's a lot of verbiage, by the way, just to mean the chord. But then that last caveat becomes important, starting with the word provided. Provided the depth at any point is never less than the minimum length of a standard parking space as established within the code. If you go to that particular section of the code which has been updated since then -- that's not the right cite -- but the minimum length of standard parking space is 18 feet. This will be hopefully the last exhibit I show you. What the county did here was, to permit this house, they measured just a straight 25 feet. The Olde Cypress PUD requires 25 feet for front yard setbacks. A straight 25-foot measurement along the straight portion of the road. And then once you get into the cul-de-sac portion of the lot, they utilized the chord method. That chord method, again, you would have to then measure 25 feet from that chord. That is fine. No part of the house actually encroaches into that section of the 25 feet measured from the chord. But, again, you hit that last caveat, provided that the resulting front yard depth is no less than 18 feet. I have noted here this arced dashed line is the 18-foot minimum line. And you can see right there -- I guess that would be the southeast comer of the house -- that there are encroachments even Page 167 March 10,2009 utilizing this half and half straight line here, chord measurements here. There are encroachments here that violate the definition of how a front yard setback should be measured and what its minimum of 18 feet can be. Granted, the encroachments are small, relatively small, anywhere from six inches to 16 inches. We fully realized that an administrative variance could be issued to cure this, again, after the fact, but we felt when we are investigating everything that occurred with permitting of this house, that this was yet another example of what -- all the chips that had to fall into place to place this house on this lot. And so our contention is that the front yard setback measurement and the staff clarification that was issued to justify how this was measured on the lot violates the Land Development Code and, therefore, we respectfully request that you vote in support of our appeal of this issue. CHAIRMAN FIALA: Okay. The Grider representative, please. MR. YOV ANOVICH: I'm supposed to ask him questions right now? I have a quick question -- CHAIRMAN FIALA: Sure. MR. YOV ANOVICH: -- based on what he just said. He said he fully recognizes under the code that my clients can apply for an administrative variance to fix this problem. I just want on the record, if they do apply for an administrative variance to fix this property, this issue, I'm not going to be back here with a challenge to that administrative fix, for this 6-inch and 16-inch problem on the very comer of this house. Would you state on the record? Because, I mean, I'm a practical kind of guy, you know. Why spend all this time and effort to go through this process when if someone would have simply called me and said, apply for an administrative variance to fix a 6-inch problem, I clearly would have told my client, just do it and save the aggravation of what we just went through today. Page 168 March 10, 2009 MR. BROOKER: If that's a question to me, I -- I would not -- I cannot answer without consulting my client, and if, in fact, they're going to have to go through the process to fix another error, then I think my client has a right to say, yes, go through that process. Whether we can determine if there's any problems with granting an administrative variance between now and then, I cannot state on the record. MR. YOV ANOVICH: I'm just -- again, never ask a lawyer a question. I thought he just says he's fully aware that we can fix this through the administrative variance process. I just want to -- apparently the answer to that question is, I don't know. I'm not sure, Rich, that if your client does it, we're not going to put you back through this process again. And let me know when it's my turn to present. CHAIRMAN FIALA: Okay. Then it is your turn to present, yes. MR. KLATZKOW: Let me just try to simplify this. Mr. Brooker, the only issue you're bringing up on this appeal is the 18 feet? You're not challenging the chord method itself? MR. BROOKER: Technically, we disagree with the fact that a hybrid method of using both a straight line and a chord measurement are improper. The code doesn't permit that, we don't believe so. They're using both. The code says you either do one or the other. That's in that definition; however, based upon, you know, the time constraints and the comments, I focused my comments only on the fact that even if you agree that that hybrid method of measuring is correct, there's still a violation and -- of the setback, and that's what -- MR. KLATZKOW: Right. But the only issue you're presenting to the board right now is the fact that it doesn't meet the 18 feet? MR. BROOKER: I will rely on the appeal, but yes, that's the only -- that's the only issue I've spoken on. MR. KLA TZKOW: Okay. CHAIRMAN FIALA: Okay. And then Rich Yovanovich said Page 169 March 10, 2009 he would like an opportunity to present as well. MR. YOV ANOVICH: The only thing I'm going to argue, and it's been pointed out in your staff report, is that this appeal was untimely. The appeal needed to happen within 30 days of the issuance of the building permit. What he has chosen to appeal is a staff clarification that does not apply to this property. It applies to a process on how you implement that term in the Land Development Code. So if you want to say from this point forward, staff, this is the process you must follow, fine; but you cannot retroactively apply this appeal to this piece of property because it is, in effect, an appeal of an interpretation without going through the official interpretation process, I might point out. But this was an -- this was a clarification on how the code is applied that was issued many, many, many months after the building permit was issued, and it wasn't even applicable to this particular property. It was guidance for future implementation of the code. I think the appeal was untimely. It shouldn't be here. It should have been -- it should have been -- I guess you're the only ones who can decide whether to dispense with it or not, but I think it should be dismissed as untimely or only applied prospectively, and not retroactively, to this lot. CHAIRMAN FIALA: So nobody has any comments. We have a motion on the floor. Does it stand? COMMISSIONER COLETTA: Could we hear from the county attorney? CHAIRMAN FIALA: Certainly. COMMISSIONER COLETTA: Jeff, somebody lost me out in left field with this one. MR. KLATZKOW: Yeah. I think -- the chord appeal always struck me as a bit odd. But if what Mr. Brooker's trying to do is say that staffhas utilized the wrong methodology for the chord, I would Page 170 March 10, 2009 say that we've been doing this for 20 years. We have -- Lord knows how many lots have been utilized this way. And so if you want to direct staff to utilize a different method, it should be on a prospective basis only, on a going-forward basis. It should not go back in time, including the Griders' lot. This is how the county's customarily done business for at least 20 years. If the issue is that they missed the 18 feet, you can direct staff as you wish at that point in time. But, I mean, to me, the cure is an administrative remedy here. And for six inches, I'm not sure why we're arguing. COMMISSIONER COLETTA: Well, forgive me, but -- I think there's probably a motion. But one of the suggestions that was made -- and I'm not sure how that would work, would be to dismiss it because of -- MR. KLATZKOW: You can dismiss it. COMMISSIONER COLETTA: -- because you have to have a rationale and a reason for doing it. Something about an untimely filing? MR. KLATZKOW: There are issues whether or not it was a timely. There are issues whether or not it has any substantive merit anyway because you can't require the house to be demolished based on a later clarification. CHAIRMAN FIALA: So then what would happen with this? Say, for instance, the motion went through as it is, then what are the ramifications of that? MR. KLATZKOW: Would you repeat the motion, sir? COMMISSIONER COYLE: Yeah. The motion is that -- the motion does not -- I'll clarify it first. The motion does not challenge the staffs opinion that the chord method may be utilized, but the motion is to grant the petitioner's appeal that the application of the chord measurement that resulted in a setback of less than 18 feet was Improper. Page 171 March 10,2009 MR. KLATZKOW: Okay. COMMISSIONER COYLE: And -- that's what the motion was. And it doesn't -- it doesn't provide any guidance with respect to the use of the chord method, to the proper use of the chord method. But the staff was clearly in error by permitting this less than 18-foot setback. MR. KLATZKOW: And the result of that motion then would be the Griders are going to have to get an administrative -- go back and get an administrative variance if one is appropriate. MR. YOV ANOVICH: Can I just make sure I clarified my argument, if you don't mind? And I appreciate your indulgence. I think that he had -- it is untimely on the 18- foot argument. He should have raised that argument within 30 days of the issuance of the building permit. That -- it's -- he's not filed his appeal. The administrative action he should be appealing is the issuing of the building permit, and that happened more than 30 days prior to his filing the appeal. So I think even the -- putting us through the administrative process is untimely and, frankly he -- you know, for the six inches and the 16 inches, he should lose on being untimely. COMMISSIONER COYLE: Well, would you like for me to respond to that? MR. YOV ANOVICH: No. I'm just telling you what my argument was. You don't have to respond. I'm just -- I understand. MR. BROOKER: I may be -- may be able to offer help out of this quandary. What happened was when this was discovered, yes, the house had already been permitted. The building permit had been issued for some time. We have no way of knowing when someone measures a front yard setback. No neighbor does. The neighbor comes in, they file for their permit. Your next-door neighbor has no idea what any of you are doing. So -- in a sense, it's a little unfair to say we were untimely because what happened here was Page 172 March 10, 2009 once we alerted the staff to this issue, that's when they issued the staff clarification to say, oh, well, what we did was right. So -- but what we're offering is, we will withdraw this appeal with the caveat that the Griders go through the administrative variance procedure to fix, if they can under the code, to fix the 6-inch to 16-inch encroachment, and I say that knowing I had a motion on the floor, so you've got to grant me something here. But I'm offering that help, if that is help. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Clay, they're going to have to come through a variance process anyways. Doing an administrative variance on that -- and if he wants to, I'm fine with that -- but it's going to cost him. My opinion, just lump all these issues into one variance but also give the Griders an opportunity to do an administrative variance on that issue. I mean, we're talking about variances of setbacks. And bundle it up and bring it the board. Are you okay with that? MR. BROOKER: Sure. COMMISSIONER HENNING: We're basically saying the same thing. MR. BROOKER: Right. COMMISSIONER HENNING: And I can support that. But I guess we're going -- after that, we're going to have to give staff some direction on this whole chord measurement. CHAIRMAN FIALA: But now, Clay would like to withdraw his appeal. Okay. Commissioner-- COMMISSIONER HENNING: Well, I think what we need to do is give direction -- make a motion for direction to have staff to do __ to go either through an administrative variance process or just a general variance on all the setback issues. CHAIRMAN FIALA: Okay. I have Commissioner Coletta and Commissioner Coyle waiting also. Commissioner Coletta. Page 173 March 10, 2009 COMMISSIONER COLETTA: Okay. Just very briefly. From what I understand, regardless of how we vote on Commissioner Coyle's motion, they still go in for a variance. So I kind of wonder why we're stalling this whole thing. But here's something I'm just going to throw out, and I know I'm probably going to get trounced to death on it. This whole thing has to do with the back end of the property that faces the neighbor, right? Could we make a requirement, direct staff to correct all these variances and make them chop off that back comer as part of the variance? We can't? Could we? MR. KLATZKOW: I don't think we want to go there. COMMISSIONER COLETTA: Well, I thought it might be fun to try, bring some end to this, but maybe we won't -- okay. We're not going to get there from here. CHAIRMAN FIALA: You think it would actually solve the problem? Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'm going to take a shot at your suggestion and say that that's probably best resolved between the two parties here to see what can be accomplished that would make both of them happy, and let them get together and come up with a settlement of some kind. But nor am I going to make assumptions about what either of the parties should do here. I mean, if the Griders want to come in for an administrative variance here, that's up to them to decide. It's not for us to tell them that's what they should do. I was merely making a motion which was intended to convey my position that the chord measurement in this case was improperly applied because it resulted in less than an 18-foot setback. That's all I'm saying. The chord method as the staff has used it in the past is perfectly fine. I don't know of any reason why we want to tell the staff to Page 174 March 10, 2009 change that process as long as they do it in a way that is consistent with the rest of the LDC. COMMISSIONER COLETTA: All right. Call the motion, please. CHAIRMAN FIALA: Okay. So I have a motion on the floor 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: That's a 5-0. Okay. Commissioner Henning, you're trying to say something, and then we're going to break. COMMISSIONER HENNING: Yeah. Does everybody agree that if the Griders or Mr. Y ovanovich's attorney -- or client comes in for a variance, they can take care of this inches? And the reason why I'm -- CHAIRMAN FIALA: Yeah, but that isn't really the problem at all. You know, Commissioner Coletta hit it right on the head. It's the back end there that's looking into their neighbor's house. That's what it's all about. COMMISSIONER HENNING: I understand that, but it -- what I'm trying to offer is one variance, one fee, instead of having to do an administrative variance if they don't want to do that, just take care of it all at once. Does everybody agree with that or not? CHAIRMAN FIALA: I don't know if it would work that way, so I don't know. COMMISSIONER HENNING: Susan? Page 175 March 10, 2009 MS. ISTENES: Susan Istenes, for the record. They could do that, assuming they do apply for a variance. They could wrap everything into one. That is an option. If they qualify for an administrative variance, they could apply for one, and if they meet the criteria, it likely would be approved. That is another option. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I wish somebody could bring these people together and maybe bring an end to this. And all the money they could save, they could feed all the hungry people out there for a hundred years. MS. ISTENES: I don't make enough money to do that, Commissioner. COMMISSIONER HENNING: How about a campfire? MS. ISTENES: May I-- COMMISSIONER HENNING: Do a campfire, cook some marshmallows. CHAIRMAN FIALA: Okay. Yes? MS. ISTENES: May I ask for further direction from the board on this? CHAIRMAN FIALA: Commissioner Coyle is up next. Hold on just a minute. COMMISSIONER COYLE: Well, I was going to say that I didn't want to get involved in providing the staff direction because administrative variances are your authority. You have the authority to do that. I don't want to jump in there and start telling you how you handle -- should handle an administrative variance in this case. But I would -- I agree with Commissioner Coletta, it would be good if the two sides were to get together and say, okay, you know, if I lopped off a little bit of this and a little bit of that, cut it down to one story and all that sort of stuff, will it work? You know, that would be good if they could work that out. But I don't want to -- I don't want to give you advice about Page 176 March 10, 2009 whether or not you should take an administr- -- do the administrative thing, and however way you do it is fine with me. MS. ISTENES: I'm not looking for that, if that's what you were concerned about. And I didn't want to -- I could see the way this was heading, and I didn't want to interject some more confusion into it, I guess. But what I do need to do and what I'm asking to do is clarify the 18- foot setback requirement. The intent of the 18- foot setback requirement is to ensure that there's adequate parking in a driveway, that cars don't park over sidewalks or end up in the street, and that's why you have the 18-foot requirement consistent with the parking space requirement. That really is only applicable where you're parking a car; however, I will admit the code isn't entirely clear on that. It think it's also not entirely clear where you take that 18- foot point. You could read it as taking it from the chord versus the property line the way it's worded. So my -- I guess my question is simply just, if it's okay, we could bring this back in the LDC amendment cycle this round and just get this cleaned up at least to the extent of this issue. The whole definition of chord and front yards and all that needs to be cleaned up, but I don't really think we'll get there this cycle, to be honest with you. COMMISSIONER COYLE: Yeah, I agree. Let me -- I've read that. I understand how the chord works. It makes no sense measuring it from the chord on a cul-de-sac, but it's not -- it is clear, as you point out. But you're still going to have to design some setback from the arc derived from the chord. MS. ISTENES: I understand. COMMISSIONER COYLE: Okay. And whatever that happens to be should be specified, and it should be consistently applied and accurately applied. But with that guidance, that's about all I could do to help you. MS. ISTENES: That's all I'm really looking for. Page 177 March 10,2009 COMMISSIONER COYLE: Yeah, okay. CHAIRMAN FIALA: Okay. I think we're now finished with this subject. COMMISSIONER HALAS: I hope so. CHAIRMAN FIALA: Let's all take a little bit of a break. We'll give ourselves about a 12-minute break here. COMMISSIONER COYLE: Hour and a half. CHAIRMAN FIALA: I would love to get it all done. (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: We're going to try and finish this up by six o'clock. So we'll just cook right along. MR. MUDD: Yes, ma'am. Item #9A RESOLUTION 2009-62: APPOINTING TOM CRAVENS AND KEITH J. DALLAS, RE-APPOINTING MARY ANNE WOMBLE AND GEOFFREY GIBSON TO THE PELICAN BAY SERVICES DIVISION BOARD - ADOPTED; STAFF DIRECTED TO RE- ADVERTISE FOR VACANT COMMERCIAL POSITION MR. MUDD: That brings us to our next part of our agenda, which is Board of County Commissioners, and we're at 9A, which is appointment of members to the Pelican Bay Services Division Board. COMMISSIONER HALAS: What about 8A, when we moved that to 17 A to 8A? MR. MUDD: Well, it's an advertised public hearing. We'll recognize it, and we'll -- when we do, they want -- and the board voted that they wanted to hear it after 12A. Page 178 March 10,2009 COMMISSIONER HALAS: Okay, okay, all right. CHAIRMAN FIALA: Okay. MS. FILSON: Commissioners, on this first appointment to the Pelican Bay Services Division Board, we have five applications and there's five vacancies; however, the vacancy for the commercial position, I received a telephone call yesterday indicating that she no longer worked for the commercial business. I tried to contact her at home. She didn't return my call. I tried to contact her at work, and they said that she was no longer with them. So I just wanted to throw that out for your information. And that's -- CHAIRMAN FIALA: And that's Alvarez? MS. FILSON: Yes, ma'am. COMMISSIONER HALAS: Motion to approve the other parties that are listed, Mary Anne Womble, Tom Cravens, Keith Dallas, and Geoffrey Gibson. COMMISSIONER HENNING: Second. MS. FILSON: And then you direct me to readvertise? COMMISSIONER HALAS: And then we'll have to put out for advertisement for the commercial. MS. FILSON: Okay. And we'll advertise and make the appointments like we did this time as opposed to the balloting? COMMISSIONER HALAS: Yeah. MS. FILSON: Okay. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Halas, 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. Page 179 March 10, 2009 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #9B APPOINTMENT OF MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. PURSUANT TO BOARD DIRECTION ON FEBRUARY 24, 2009, THIS ITEM IS CONTINUED PENDING AMENDMENT OF ORDINANCE 2001-55 - MOTION TO CONTINUE - APPROVED CHAIRMAN FIALA: Item 9B. COMMISSIONER COLETTA: If I may, Commissioner Fiala. I'm a little bit concerned on the order of the agenda. It seems like we've got 12A that directly conflicts with this. I thought we were going to put this in suspended animation, or is that what we're asking to do? MS. FILSON: This one I have on the index to be continued pending amendment of2001-55. So after you amend 2001-55, then I'm going to ask you for direction depending on if it's amended whether you want me to readvertise and retain these applicants for appointment at a later date. MR. MUDD: And that amendment of that ordinance number 2001-55 is Item 12A on your agenda for today. CHAIRMAN FIALA: So you want to hear 12A before we do this one; is that what you're saying? MS. FILSON: This one I have on the index as being continued pending that. COMMISSIONER COLETTA: We're going to have to make a motion to continue this, right? MS. FILSON: I have it advertised to be continued. Page 180 March 10,2009 CHAIRMAN FIALA: We didn't know that. COMMISSIONER COYLE: Wait a minute. MS. FILSON: It's on the index. It's right there on the index that you have. It says continued. COMMISSIONER COYLE: Whoa, wait a minute, wait a minute, wait a minute. You don't have to continue it. We could just put the other one before this and do it, and then come back to this one. You don't have to continue anything. MS. FILSON: Well, the reason-- COMMISSIONER COLETTA: You advertised it, that you continued it. Then we have no choice. COMMISSIONER HALAS: Yeah. It's right here. MS. FILSON: It continued it on the index because there was an applicant that you wanted to consider and he withdrew so, therefore, I'm looking for direction to readvertise and retain -- CHAIRMAN FIALA: Wait -- wait just a minute. You say on the index. This index? MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: But you didn't advertise it as continued? You just put it -- MS. FILSON: That is advertised. CHAIRMAN FIALA: And the only people that see this are us, right? MS. FILSON: No, ma'am. That's on the Web. It's in the newspaper. COMMISSIONER COYLE: Okay. It's continued then. COMMISSIONER COLETTA: Yeah. Motion to continue, just to make it official. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Motion to continue Item 9B. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 181 March 10, 2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Sue, on that one also, you noted that I'm the vice -- or the vice-chair on that, and I'm not anymore. COMMISSIONER COYLE: Yeah. You've got to get her out of there. She's causing -- CHAIRMAN FIALA: It's Tom Henning. COMMISSIONER COYLE: -- too many problems. COMMISSIONER HENNING: No, I'm not. Fred Coyle. MS. FILSON: Okay. Now, I -- CHAIRMAN FIALA: Oh, Fred Coyle. I'm sorry. COMMISSIONER COYLE: Yeah, it's me. COMMISSIONER HALAS: Long day. MS. FILSON: Well, because that's on the -- that's on the list and I haven't updated that. I'm aware of that. CHAIRMAN FIALA: Oh, okay. COMMISSIONER COYLE: You've got to get that updated. You can't leave her name on there. MS. FILSON: As soon as these appointments are made, I will update that. Item #9C RESOLUTION 2009-63: APPOINTING MARY LINDA SANDERS TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED MR. MUDD: Madam Chairman, the next item is 9C. It's appointment of a member to the Black Affairs Advisory Board. Page 182 March 10, 2009 COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Motion to approve Mary Linda Sanders by Commissioner Halas, 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 2009-64: RE-APPOINTING ERIC D. GUITE REPRESENTING THE CITY OF NAPLES TO THE CONTRACTORS LICENSING BOARD - ADOPTED MR. MUDD: Next item is 9D, appointment of a member to the Contractor's Licensing Board. COMMISSIONER HALAS: Motion to approve Eric D. Guite'-- COMMISSIONER COYLE: Guite', second. COMMISSIONER HALAS: -- specialty contractor. MS. FILSON: And that's to confirm the City of Naples appointment. COMMISSIONER COYLE: Yep. CHAIRMAN FIALA: And you seconded, Commissioner Coyle? COMMISSIONER COYLE: Yes, I did. CHAIRMAN FIALA: Okay, fine. All those in favor, signify by saymg aye. COMMISSIONER COYLE: Aye. Page 183 March 10, 2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Item #9E RESOLUTION 2009-65: REAPPOINTING VICTOR L. BRITTAIN AND WILLIAM CONRAD WILLKOMM TO THE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED COMMISSIONER COYLE: Make a motion to approve the committee recommendations for the appointment of Victor Brittain and William Conrad Willkomm. COMMISSIONER HALAS: 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: lOA is already done. Item #10B Page 184 March 10, 2009 THE FINANCING AND EXPENDITURE FOR THE PURCHASE AND RENOV A TION OF THE NAPLES LODGE 2010 BENEVOLENT AND PROTECTIVE ORDER OF THE ELKS OF THE USA, INC., AT A COST NOT TO EXCEED $4,618,891 - APPROVED; AN AGREEMENT FOR SALE AND PURCHASE WILL BROUGHT BACK AT THE APRIL 28, 2009 BCC MEETING MR. MUDD: Yes, ma'am. Next item is lOB. It's a recommendation to approve the financing and expenditure for the purchase and renovation of the Naples Lodge at 2010 Benevolent and Protective Order of the Elks of the United States of America, Inc., at a cost not to exceed $4,618,891. And, yes, Jim Mudd, the County Manager, and Mr. Skip Camp, your Facilities Management Director, will present. Commissioners, I've come before the board and talked about available property and trying to get out of the oppressive rent situation that we have in the present building that the property appraiser is in. With that, I went out and started to look at different properties that were up for sale. The Elks Club was one. The original offered to the Elks Club was for $3 million with $250,000 being put into escrow to cover any structural deficiencies in the particular building. And I believe ours had to do with the back wall that we had some concerns about, and we still do, and we will still ask for that escrow amount. I will tell that you the Benevolent Order of the Elks turned down our original offer. With that, a secondary offer was issued for $3.5 million with the same $250,000 being set aside in escrow to cover any structural deficiencies that we will discover as we do due diligence prior to survey and the engineering inspection in this particular building. We've take then that into account with the facility director and architectural contractor on staff, and we've reduced the amount of Page 185 March 10, 2009 changes that we have to do interior to turn that dance floor/kitchen/bar area into office space, and that's how we come from $3.5 million, the original sales price for the Elks building, to $4.6 million as I specified before. And I'm here to answer any questions you have. Now, Commissioner Coletta has asked in the past, wanted to make sure that we had looked at every bit of space that we had in the county to make sure that we couldn't fit the property appraiser into -- we couldn't fit them someplace in the county. I had Mr. Skip Camp and his staff go through every building that we own to identify space. Right now the property appraiser is in 20,000 square feet. As you can see from the second line of this memo from Mr. Camp to Mr. Ochs dated the 26th of February, we're able to identify 9,450 square feet, but none of - none of which is contiguous, nor does it get us to the 20,000 square feet that the property appraiser has said that he needs to continue his operation if he's going to move out of the building that he's in right now. So I've done that, and I've exhausted that particular search in order to get that done. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Have you considered using the tents that the sheriff had before for the property? MR. MUDD: No, sir. I did not consider the spring form tents, but the sheriff still has those in their inventory. COMMISSIONER COYLE: Well, keep them in mind. The one thing that is very, very critical, and I'd appreciate if you'd give the public a concise reply to the question, why, in these times of funding shortages, do we want to spend $4 million buying and renovating a building? MR. MUDD: Okay. Right now the present building that the Property Appraiser's Office occupies, I've asked on numerous occasions to ask the present owner of the building if he would like to Page 186 March 10, 2009 sell, and in every particular case, he has either offered us a very extraordinarily high amount that he wants for his building, and the -- and the latest has been some 8.9 million. Our folks basically appraise it right now today at around 4 and a half to 4.7 million. We are paying $628,000 a year for rent for the property appraiser in that particular building. We can continue under the present rental agreement, continue to provide and pay that amount of money or we can take those monies that we are applying to the rent and go out and buy a facility that is similar, and is functionally similar for the Property Appraiser's Office. We have found a place called the Elks Club. A year and a half ago our staff did a preliminary appraisal of this particular property, and it came out to be over $9 million. That is a far cry from the 3.5 million that the board -- I'm asking the board or recommending that the board pay for the particular building. We will take the $628,000 in rent that we're paying on an annual basis and apply it to pay for the loan that we are doing internally out of the landfill closure fund. Now, you also know from Mr. DeLony's presentations that we've extended the life of the landfill to 2032 the last time he's presented to the board. That gives plenty of time to pay back this particular loan. Our finance charge on the loan will be opportunity costs, i.e., the rent -- or excuse me -- the interest that Mr. DeLony would have made on the $4 million in the account. We will make sure that the -- that the solid waste customers are reimbursed so that there is no interest lost in that particular property. If you take a look at taking that 628,000 and putting against, we will have paid this building off in less than eight years' time period, and it will be a county's asset, capital asset, and we will be out of the rent-paying mode. COMMISSIONER COYLE: So bottom line, by processing this transaction, you're saving the taxpayers hundreds, if not millions, of Page 187 March 10, 2009 dollars; is that a fair statement? MR. MUDD: I would say over a ten-year period of time, we are saving the taxpayers well over a million dollars on this transaction, sir. COMMISSIONER COYLE: Okay, good. Thank you very much. CHAIRMAN FIALA: Thank you for clarifying that. That was excellent. Commissioner Coletta? COMMISSIONER COLETTA: Mr. Mudd anticipated my questions and already answered them. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: The only concern that I have is we've also housed the property appraiser, even before we implement government building impact fees, and I feel really uncomfortable about using that whole piece for replacing what the facility is now into the Elk's facility. And I know that you're going to be paying this money back actually from what is being used for rent, because there is no impact fees. Is there any way to readjust that to a more reasonable -- let's say, since it's coming out of the rent monies anyways, and have a -- more of a reasonable payback from government impact fees? MR. MUDD: Yes, sir. I -- I need to go back a little bit. I've asked our impact fee coordinator. They've checked with our adviser, the county attorney even asked their impact fee coordinator on this particular issue, and -- to make sure it's impact-fee eligible. What I need to go back and look at -- and I need to do that still to this day -- is the property appraiser used to be where Jennifer Edwards was. COMMISSIONER HENNING: Right. MR. MUDD: Okay. And then Jennifer Edwards was someplace, and now she's over there. I've got to go and check all the pegs where they came from and to make sure -- and we can get at your point that Page 188 March 10, 2009 you're asking, to make sure that we are not just going straight impact fee for something that used to be government supply and, therefore, that wouldn't be impact-fee eligible. So I have to go back and look at every one of those things, go over that with Amy, with Sue Usher, and before it's over, to get Steve Tindale involved. COMMISSIONER HENNING: The next question along with that is, if that's what you're going to do, the allocation is going to come back to us anyways of whether it's going to -- you know, morally -- I think it's a moral issue, but it's not just a legal issue, personally. MR. MUDD: Well, I believe if you -- you can't use an impact fee for something that's not eligible for impact fees, and we've got to make sure we're dead on in this particular -- COMMISSIONER HENNING: Legally. MR. MUDD: Yes, sir. COMMISSIONER HENNING: I agree with that. But I'm saying morally, I have a problem with using all the government impact fees for that. Besides, it's going to be years and years and years before you get it anyways. CHAIRMAN FIALA: I'll just comment on that as well. Every time we drive into our front entrance here, I recall long before we ever were in office, the county had an opportunity to buy the old Texaco station out front, and they wanted to save money, and so they didn't buy it, and instead we're greeted each day as we drive into the government center with a bail bondsman. And I'm sorry that we didn't buy that then. I mean, none of us had any control over that anyway, but I'm -- I'm glad that we're now taking a look and wisely thinking about what we can do to save our government money in the future, save our taxpayers, and buy it now while we can. It's just -- to me, it's the wisest way to use our taxpayer dollars. COMMISSIONER HALAS: Is that a motion? CHAIRMAN FIALA: With that I motion to approve item Page 189 March 10, 2009 number lOB to buy -- to --let's see, how would be -- approve the financing and expenditure for the purchase and renovation of the Elks Lodge and approve all related budget amendments. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. Any further discussion? COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: All those -- okay. COMMISSIONER HENNING: Is that with the caveat, the county manager's going to come back to us? MR. MUDD: Yes, sir. I'm going to write you a memo and tell you all about it. CHAIRMAN FIALA: Okay. And I'll add that to my motion. COMMISSIONER HALAS: That's my second. COMMISSIONER HENNING: Is there any public speakers? MS. FILSON: Sorry. CHAIRMAN FIALA: How did you know that? COMMISSIONER HENNING: I'm sorry? MS. FILSON: Thomas Lykos. MS. MITCHELL: I was here first. CHAIRMAN FIALA: Oh, are you a public speaker on this subject? MS. MITCHELL: Not on this particular subject. MS. FILSON: No, she's public comment. MR. L YKOS: Thank you. My name is Tom Lykos. I'm the President of the Lykos Group. I own a remodeling company and a custom homebuilding company, and also, just for full disclosure, I'm also the vice-chairman of the County Licensing Board, I'm also president of the Collier Building Industry Association. When I read about your decision today on the purchase of this building, quite frankly, I was concerned about several different things. One is, at a time when there are several companies that are going out of business, they just don't have the working capital, I'm concerned Page 190 March 10, 2009 about county's expenditures of such a large expense, number one. Number two, it seems like over the years, the county government has grown and grown and grown, and this is just another opportunity for the county government to grow again. I've heard from the county manager that this was going to save money in the long run; however, I wonder if the calculations have been done taking into consideration the cost to maintain the property versus just renting space. I know on my street, my office is on Trade Center Way, there are -- probably half the businesses on my street have gone out of business, half the buildings are empty, and I wonder if research has been done not only on county buildings that might already be owned, but other private buildings that are owned that might have the square footage, and you could pay a smaller rent amount and not have that large of an expenditure right now. I understand that there might be some great deals in commercial property right now but, quite frankly, I could go out and buy a really expensive home, move my family into it, but at some point, I've got to pay the piper on a bigger home on higher taxes, on more energy -- my utility bills being higher. So just because there's an opportunity to buy something at a good price doesn't mean it's what's really in our best interest. I understand the math with regard to saving money on a future purchase, but sometimes it's more prudent to spend less money now and take advantage of a deal later. I think that the current real estate market, especially with regard to commercial, we may not have bottomed yet. There may be better deals and better opportunities at a later date, and just because a good deal comes along now doesn't mean it's the best deal and it's in our best interest. Thank you. MS. FILSON: That was your final speaker. MR. MUDD: To answer -- to answer to the gentleman's question. We've gone out there and looked, trying to find that 20,000 Page 191 March 10, 2009 square feet that's available, and we've gone to several locations in order to look at it. The next thing I'll respond to you is, it would be nice if all we had to do was pay the rent. I haven't seen a rental yet with a commercial where we don't have to pay the CAM, which is the operations and maintenance of that particular property on top of the rent. They get it from you as you do that rental contract. So I just wanted to make sure, if you weren't aware, and I don't mean to insult your intelligence. MR. LYDON: I appreciate that, and I understand that. I just -- you know, I'm a small businessman, and I look at spending $600,000 a year versus spending $4.6 million. You know, I'm own a remodeling company. I wouldn't mind a $1 million contract to remodel that building for you, but I think it might be in the best interest of the community, considering the budget shortfalls, considering that we continue to lose our tax base with falling property values. It might not (sic) be in our best interest to forego a purchase until the next year or the year after considering the current economic circumstances. CHAIRMAN FIALA: Thank you, Mr. Lykos. MR. LYDON: Thank you. CHAIRMAN FIALA: We have a motion on the further. Any further comment from commissioners? (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: Thank you. Page 192 March 10, 2009 Item #10C THE COUNTY MANAGER OR HIS DESIGNEE TO ADVERTISE AND RETURN FOR THE BOARD OF COUNTY COMMISSIONERS' CONSIDERATION AT A FUTURE MEETING, CHANGES TO THE PUBLIC VEHICLE FOR HIRE ORDINANCE, NUMBER 2006-59, AS AMENDED, DEREGULATING TAXICAB AND CHARTER SERVICE RATES, ESTABLISHING A CONSUMER ADVISORY BOARD, PROVIDING GUIDELINES FOR OBTAINING A VEHICLE FOR HIRE OPERATOR LICENSE, ESTABLISHING PENALTIES FOR NON-COMPLIANCE, REMOVING INDUSTRY PROTECTIONISM, AND THEREBY CONDENSING THE PUBLIC VEHICLE FOR HIRE ORDINANCE PROVISIONS, CONSISTENT WITH THE BOARD OF COUNTY COMMISSIONERS' DIRECTION - MOTION FOR STAFF TO BRING BACK AN ORDINANCE WITH AMENDING LANGUAGE - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10C, and it's a recommendation the Board of County Commissioners direct the county manager or his designee to advertise and return for the Board of County Commissioners' consideration at a future meeting changes to the public vehicle for hire ordinance, number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle-for-hire operator license, establishing penalties for noncompliance, removing industry protectionism and thereby condensing the public vehicle for higher ordinance provisions, excuse me, consistent with the Board of County Commissioners' direction. Mr. Jamie French, your operations manager of the community Page 193 March 10, 2009 development's environmental services, will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: I'll second that, but I'd like to see if the motion maker would maybe add a couple of items to this motion and that is that we have some type of control over paint schemes, and also -- that's basically the big thing, paint schemes and advertising on taxicabs. MR. FRENCH: Commissioner Halas -- for the record, Jamie French, Community Development. If it would at all help you, you can bring this back in the form of a resolution within the administrative policy manual that will accompany this ordinance when we bring it back to you, and then -- and this ordinance also allows you, if you choose at a later date to come back in, to set that maximum taxicab and charter service vehicle rate as the board so approves without going back and changing -- and continuing to change the ordinance. COMMISSIONER HALAS: Got it. Understand. Okay. Thank you for the clarification. CHAIRMAN FIALA: And that's good with you? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Okay, very good. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Commissioner Coyle, was that for Attachment A that we're approving? COMMISSIONER COYLE: Yes. COMMISSIONER COLETTA: Yeah. A couple of suggestions I might make, if I could. I've been reading this over in great detail. I've had an interest on this subject for many years, and thanks to our intervention and staffs help, we're finally getting there. One of the things it says is, no member of the CAB shall be a current motor vehicle-for-hire owner or operator. I think that's wonderful. Page 194 March 10,2009 There's two things I think we need to do, one might sound contradictory, but it's really not supposed to be. We should also include the language that they also exclude immediate family members that live in the same home so that we don't run into a problem with it becoming packed with people from there; however, with that said, I think just for the sake of argument, not argument, but the sake of fairness, we should have one position on there that would be a member of the industry, help bring a balance to the whole thing. That would be a suggestion. I've got another one, too, sir, but I'd like your opinion on that. COMMISSIONER COYLE: Well, the first one I don't have a problem with, but quite frankly, I think that the Sunshine Law would take care of your concerns about a family member being on the board and voting on any issue that might result in some personal private gam. But the second one about putting someone from the industry on the board, I think, gets us into a lot of trouble because there's going to be a lot of squabbling about who it should be, and the people who are not -- don't have some representative on the board. I mean, this is a highly competitive business. And so, you know, we put one person from the industry on the board, the other members of the industry are going to feel that they are being discriminated against or there's a potential they could be discriminated against. So I think we're wise to leave all of the members of the industry off the board, and they're going to be able to come to the board in public meetings and express their concerns. They'll still get input. It's just that they won't be a voting member of the board. COMMISSIONER COLETTA: I understand. My concern was a little bit different, is the fact that some day they could come back here and say that they were discriminated against with not even one member allowed. Maybe Jeff might be able to give us some comfort level on this. Page 195 March 10, 2009 Not that I'm not (sic) saying your idea's not valid. I just want to make sure that we're protecting ourselves. MR. KLATZKOW: Yeah. I think we're okay. If it's the will of the board to exclude people in the industry, I think we're okay with that. COMMISSIONER COLETTA: Okay. MR. KLATZKOW: If it's the will of the board to have somebody there for some expertise, you're okay with that, too. It's your direction. COMMISSIONER COLETTA: Okay. Then I appreciate that. There's another thing -- CHAIRMAN FIALA: What about your first suggestion though to -- COMMISSIONER COLETTA: Right. Well, I think Commissioner Coyle is adopting that part to his motion. CHAIRMAN FIALA: Did he? COMMISSIONER COYLE: To exclude any member of immediate family living in the same household, I wouldn't have any problem with that. CHAIRMAN FIALA: Any member of the immediate family living in the same house or somebody living in the same house? COMMISSIONER COLETTA: Well, I'm not too sure how you -- maybe Jeff could -- MR. KLATZKOW: We'll come back with appropriate language on that. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: And also, too, as a matter of convenience -- and I don't -- I just know that, myself, whenever I had applied for certain business licenses, it was a real hassle. The general parts of this that require people to keep updated as far as their employees go, to turn in the right kind of paperwork and inspections, that takes place irregardless of the yearly license. Page 196 March 10,2009 I was wondering if we might be able to come up with something where we charge a fee three times what it is, and have them apply every three years. It would save a lot of time and trouble not only for our staff, but for the applicants, too, that would be looking for these licenses. COMMISSIONER COYLE: The concern I have about that is the possibility of a -- of a felony conviction or some other conviction during that three-year period of time, and that person still has a valid license. I think the more frequently we check on those kinds of things, the safer the public will be. So I'd prefer to leave it -- and you would agree with that? MR. FRENCH: Yes, you are -- you're dead on, and that's exactly what we have found. We have found that we've had license holders come back to us and they committed a crime three months after we issued a license, and they no longer qualify. They either fall in that five-year or ten-year period. So if we're not checking on an annual basis, I'm not sure Commissioner Coyle would be right that they're going to slip through the cracks. COMMISSIONER COLETTA: That's fine, but I wanted to explore that possibility. One more question, and that's for you, Jamie, if I may. MR. FRENCH: Yes, sir. COMMISSIONER COLETTA: On page 5 it says, with the intent to receive compensation for providing such transportation. Would this exempt, and hopefully it does, those industries out there that provide complementary service such as hotels that transport people to an airport and from an airport? We had a situation before us on a business in Everglades City back a number of years ago where the board, licensing board for this, got on an industry or a hotel in Everglades City and tried to make them comply with regulations that were way beyond their means to do Page 197 March 10,2009 it, and I just want to make sure I understand that. MR. FRENCH: If your primary business is not the transportation business, then you would not come in for a vehicle-for-hire license. If you're a -- if you work for a hotel, if you're picking someone up from a, gee, I don't know, a vacation service that picks you up at the airport, so long as they're not charging an additional service like a limousine or a taxi meter, then they would not be required to come in. They would have to be a third-party paid chauffeur-driven type vehicle, and that would be their primary business. COMMISSIONER COLETTA: Okay. Thank you very much. MR. FRENCH: Thank you. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I'm all set. CHAIRMAN FIALA: Okay, very good. We have a motion on the floor 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.) MR. FRENCH: Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to public comments on general topics. Ms. Filson. MS. FILSON: I have one speaker, Laurie Mitchell. Page 198 ~ ,_~~__,,~_,__"_'_'~'m.'". . ,'-'----_. March 10, 2009 MS. MITCHELL: Thank you. I brought some pictures for show and tell. Do you want me stand here or there? MR. MUDD: Ma'am, you can stand wherever you want. Tell me when you want -- MS. MITCHELL: All right. I want to say thank you in advance, because I might run out oftime here. Yeah, that's the fortress of solitude. All the land around me now has been developed. I have to the north of me Topia Creations, and to the south of me, the pig farmer who was granted permission to raise pigs without best management practices, 500 on his 5 acres. There's no drainage. I have a letter I wrote to the editor of the Naples Daily News back in '97, and it doesn't seem as though anything's really changed. Now my neighbor, who seems to be unstable, he is going to be having a hearing for a conditional use permit to breed and profit from his exotics animals. I thought I'd beat the crowd in here and really don't want to have any more confrontation with any more of my neighbors since the pig farmer already verbally abuses me every chance he gets. So I try to stay on my side of the property and really just keep to myself. But I think this is -- this needs to be recognized. It's not just my problem. It's a county problem, and it's a county issue, and the county needs to put this baby to bed. The guy's been going with his exotic animals. He's been putting a lot of money into his property. I can appreciate that. But now he's no longer a philanthropist. He is doing it for profit. He's raising all kind of exotics animals, and I'm in complete fear of my own security. When I look out my window and I see a panther looking in his direction, I'm just glad that I'm looking outside the window and not outside with the panther. I don't want to be the first person to have -- succumb to this attack, which is inevitable. COMMISSIONER HENNING: Are you talking about Nagala or Nagalla or whatever? Page 199 March 10, 2009 MS. MITCHELL: Yeah, Section 30, Township 49, Range 27 east. COMMISSIONER HENNING: It's coming to the Board of County Commissioners. MS. MITCHELL: It's coming, it's coming. I'm just here to let you know that it's a county problem. It needs to be dealt with. It's not water management's issue. It's the county's problem. It's the county's Issue. I'm just growing trees out there. I have an occupational license to grow trees out there. I'm using best management practices. I'm not bothering anybody, but I've got this neighbor who seems to be absolutely unstable. I'm just giving you a heads up. I don't want to be here when they're here, so I'm appealing to you to make the right decision for the future of agriculture in Collier County. COMMISSIONER HENNING: I guess this is part of ex parte communication when it comes up. CHAIRMAN FIALA: Thank you, Ms. Mitchell. MS. MITCHELL: Thank you for your time. Item #12A DIRECTION WHETHER TO AMEND ORDINANCE NO. 01-55 (THE ADVISORY BOARD ORDINANCE) WITH RESPECT TO TERM LIMITS. THE ORDINANCE PRESENTLY LIMITS AN ADVISORY BOARD MEMBER TO TWO TERMS, ABSENT UNANIMOUS BOARD APPROVAL FOR AN ADDITIONAL TERM - MOTION TO ADVERTISE AS AMENDED - APPROVED CHAIRMAN FIALA: On to number 12A. MR. MUDD: Yes, ma'am. And that is a recommendation that Page 200 March 10, 2009 the Board of County Commissioners provides direction whether to amend ordinance number 2001-55, the advisory board ordinance, with respect to term limits. The ordinance presently limits an advisory board member to two terms absent unanimous board approval for an additional term, and I believe Mr. Klatzkow will present on this item. MR. KLATZKOW: And I'm just seeking direction from the board whether or not you want to maintain the two-term limit, or whatever the board's -- CHAIRMAN FIALA: I don't know who was first. COMMISSIONER COLETTA: I think I was. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think that the direction we should go -- think about it for a moment. The Collier County Commissioners themselves, we don't have -- we don't have term limits. Yes, we do. It's called death. But put that aside. I think we're not serving our public by putting term limits in place and having to go through this rigmarole every time it comes up. We get somebody in there that's totally capable, I do believe that, you know, we should just be able to move forward; however, with that said, I would suggest that we consider a couple of things. One thing would be, as far as the Planning Commission goes and Productivity Committee, you know, we have people that we appoint more or less from different districts to try to come up with a balance, that the person that's coming forward that received an appointment from the commissioner from that district can be one of the three votes that would be putting them in. CHAIRMAN FIALA: On each one of the committees? COMMISSIONER COLETTA: No, no. I'm talking about the Planning Commission and Productivity Committee. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: That would be a suggestion. I wanted to give it to you as an idea for discussion. But my motion Page 201 March 10, 2009 would be, is to do away with the term limits and to have it where it only takes a majority to be able to keep a person or appoint a person to the different committees regardless of how long they're there. And the other thing which is open for discussion would be the idea of having it where the sitting commissioner of that district as far as the Productivity Committee goes or the Planning Commission, would have to agree to make that appointment to be able to move that person forward, because who would know better than the sitting commissioner of that district who would be the best person as far as to represent that district? CHAIRMAN FIALA: So you have three parts to your motion; is that correct? COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER COYLE: I have a question. CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Okay? If that's all right. Here's the problem. With respect to the commissioner nominating someone who has applied and expecting that commissioner to know if that person is better qualified than someone in another district, it's almost impossible. I mean, you'd just -- you'd just be -- for example, let's suppose we had two nominees and one was from your district. COMMISSIONER COLETTA: No. You missed the whole point. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: The Productivity and the Planning Commission are appointed by districts. MS. FILSON: No, sir. The Planning Commission is. The Productivity Committee is not. COMMISSIONER COLETTA: Okay. I'm sorry, you're right. The Planning Commission is appointed by the district. The Page 202 March 10, 2009 Productivity Committee -- so strike Productivity Committee. COMMISSIONER COYLE: Okay. Now we're all right. COMMISSIONER COLETTA: Okay, you're right. That was an oversight on my part. So it would be for the Planning Commission. COMMISSIONER COYLE: Okay. I'm okay there. The -- I'm not sure that doing away entirely with the term limits is such a good idea. You might want to keep term limits but make it a simple majority, and that way it gives you an opportunity, if someone isn't performing up to standard when their term limit applies, you could just let them drop off if you want to without embarrassing them and just selecting somebody else. I think it provides an easier way of permitting some new blood to be brought into -- COMMISSIONER COLETTA: And I'll tell you what, Commissioner Coyle, if one other person agrees with you, I'll be more than happy to change it to that. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I agree to that. COMMISSIONER COLETTA: Okay. Then that's changed. CHAIRMAN FIALA: Okay. So then do I have a second to his motion? COMMISSIONER COYLE: You sure do. CHAIRMAN FIALA: Okay, fine. MS. FILSON: Who made the motion? COMMISSIONER COYLE: He made the motion, I seconded it. COMMISSIONER COLETTA: Oh, Commissioner Coletta did. MS. FILSON: Okay. Then can I get some direction? COMMISSIONER COLETTA: Sure. MS. FILSON: And this is in reference to the Productivity Committee, it was continued pending your amendment of this ordinance. Are you now directing me to readvertise and retain the current applicants that I have? COMMISSIONER COYLE: No, because this motion hasn't Page 203 March 10, 2009 been voted on and approved, so we don't know where it's going. So we need to finish with this item, and then we can get to that. MS. FILSON: Okay. MR. MUDD: Come back with an ordinance. COMMISSIONER COLETTA: But this motion also includes not only the Productivity Committee, but the Planning Commission? COMMISSIONER COYLE: All of the committees, everything. This motion deals with all of our committees; is that not correct, Jeff? MR. KLATZKOW: It's my understanding --let's get clarification. We're amending the general board ordinance. COMMISSIONER COYLE: Ordinance. MR. KLATZKOW: The general advisory board ordinance, and at this point we're keeping term limits. COMMISSIONER COYLE: But we're having a simple majority. MR. KLATZKOW: But what's the difference if it's a simple majority because it's always a simple majority if it's -- COMMISSIONER COYLE: Nomination. MR. KLATZKOW: -- term limits or not? CHAIRMAN FIALA: Nothing unanimous though -- COMMISSIONER COYLE: We're keeping the term limits. COMMISSIONER HALAS: Supermajority. COMMISSIONER COYLE: But I know that -- COMMISSIONER COLETTA: That's what you said earlier. CHAIRMAN FIALA: No, he didn't. He said majority. COMMISSIONER COYLE: No. I said simple majority, simple, simple majority. MR. KLATZKOW: Simple majority is for whether you're there one term, two terms, three terms, four terms. COMMISSIONER COYLE: That's correct. That's right. MS. FILSON: Anything over two terms, that's what it is now. Two terms take a unanimous vote. MR. KLATZKOW: Well, now it's unanimous, but-- Page 204 March 10, 2009 COMMISSIONER COYLE: Okay, all right. Let's go through this step by step now. I've got Elvis here and we're going to vote on Elvis being reappointed to the position, right? Elvis has only one term. We're not dealing with term limits, okay. Now, we've got Tom who has served for three terms, which is in excess of the normal term limits. If we want to nominate him, we -- three of us can nominate that person. Are you suggesting then that that vote should also apply to the term limits? MR. KLATZKOW: I guess I'm not understanding what you mean by nominating. COMMISSIONER COYLE: Okay. Well, selecting the person. CHAIRMAN FIALA: You mean it takes three people to approve? COMMISSIONER COYLE: I guess -- I guess for me there are two steps in the process. Number one, is the person qualified, okay, and number two, do we want them to continue serving for another term in excess of the number of terms they've already been serving. But to you that means the same thing, right? MR. KLATZKOW: I'm not sure that I really understand the difference. COMMISSIONER COYLE: Okay, all right. Probably practically there is no difference. So if we go with a simple majority and we approve for someone to be appointed to the board, it doesn't make any difference how many times they've served. MR. KLATZKOW: That's correct. COMMISSIONER COYLE: Is that what you're saying? MR. KLATZKOW: If you want to make a difference, it would have to be supermajority, be four votes, or current system, which is unanimous, if you want to make a difference for term limits. COMMISSIONER COYLE: Well, you know, I'm interested in getting the best person that we can possibly get to serve on the advisory boards. And since most everything else we do is by simple Page 205 March 10, 2009 majority, I'm perfectly happy to do it that way. MR. KLATZKOW: That means there's no term limits. COMMISSIONER COYLE: Yeah. That means you just wipe out the term limits. MR. KLATZKOW: Yes. COMMISSIONER COLETTA: So the motion -- and I'll repeat it -- it's for a simple majority regardless of how many terms a person serves, and I believe we still agreed to incorporated the part with the Planning Commission, they have to have the vote or the endorsement of the commissioner from that district. Am I understanding everyone correctly? MS. FILSON: It doesn't really indicate that in the ordinance. It just says they have to be from the respective district. COMMISSIONER COLETTA: No. I understand that, but we had the chance to amend the ordinance -- MS. FILSON: That's the Planning Commission ordinance. COMMISSIONER COLETTA: Just the Planning Commission? MS. FILSON: Yes. MR. KLATZKOW: Which is an LDC provision. If you're going to want to do that, we can do that, but it will require -- should require four votes. COMMISSIONER COLETTA: How do you feel about it? I just think that it would give us the power to be able to make sure we have the right person in. CHAIRMAN FIALA: I know, I know. COMMISSIONER COYLE: Yeah, I would support it. CHAIRMAN FIALA: Now we're going to hear the motion again because you had a three-part motion initially, but I have Commissioner Henning waiting and Commissioner Halas waiting. COMMISSIONER HENNING: I think Commissioner Coletta's issue about the Planning Commission can be easily resolved in this ordinance change. The Planning Commission, it says the appointment Page 206 March 10, 2009 of all members of the Planning Commission shall be made by resolution of the BCC. In any event any members are no longer qualified or elected, and it goes on and on. Doesn't say recommendation and confirmation of -- I think that can be clarified in another ordinance until we get to an LDC change. MR. KLATZKOW: Well, we'll just -- if it's the will of the board to do this, we'll just do this and we'll throw this in the cycle to -- COMMISSIONER HENNING: Actually, why can't we take the Planning Commission out of the Land Development Code? Because you're only talking about a cycle of two years, and if we want to do something else with the Planning Commission, we would have to wait for an LDC amendment. But take a look at that, please, and see if we can do such -- MR. KLATZKOW: You've got a lot of commissions in the Land Development Code -- COMMISSIONER HENNING: And it doesn't. MR. KLATZKOW: -- that we'll be looking at taking out. COMMISSIONER HENNING: Yeah. MR. KLATZKOW: Including the EAC. COMMISSIONER HENNING: Correct. MR. KLATZKOW: Yeah, I agree. We can look. COMMISSIONER HENNING: So we can move forward with your recommendation. MS. FILSON: Can I ask one more question, sir, or make a statement, I guess. Also in ordinance 2001-55, if you serve on more than two boards, that also takes a unanimous vote. So I just want to make sure that you want to leave that in and not change that. COMMISSIONER COYLE: I'd be willing to change that one, too. COMMISSIONER COLETTA: Yeah. If! may make a suggestion, since I am the motion maker, that what we'd do is we'd Page 207 March 10,2009 have that fact brought forward very similar to the fact that you have as far as a person's attendance goes so that we realize how long they've been there and what their attendance has been, and then we can make an informed decision, and we can just keep it right at three votes. MS. FILSON: Okay. Then I know that a lot oftimes staff provides me a year or two years attendance records, and is that direction for me to give direction to staff that you want the attendance records for as long as they've been on the committee? COMMISSIONER COLETTA: I would think the last two years would be sufficient. I don't want to create any extra work. I mean, the most current years are the most important years that you have to take into consideration. MS. FILSON: Okay. I just wanted to be clear. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I just want some clarification. Are you saying that on the Planning Commission and other areas where the commissioner of that district appoints individuals, we're no longer going to have that option? MR. KLA TZKOW: No. What I understand from the motion is that if you're on the Planning Commission and you're in District 3, you must be nominated by the commissioner from District 3. COMMISSIONER HALAS: Okay, all right. Okay. CHAIRMAN FIALA: Or at least accepted by that commissioner, right? COMMISSIONER COLETTA: Whatever the word is there. MR. KLATZKOW: Well, my understanding from the motion is nominated by. CHAIRMAN FIALA: Nominated by? COMMISSIONER COLETTA: Nominated would be a fine word, unless there's -- COMMISSIONER HALAS: So it's going to stand as it is today; you've got so many people on the Planning Commission and there's so Page 208 March 10, 2009 many from each district that -- okay. MR. KLATZKOW: That's right. And in practice, you've been doing that anyway. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: There's only nine members of the Planning Commission -- MS. FILSON: Yeah, there's two-- CHAIRMAN FIALA: -- right, and there are -- MS. FILSON: Two from each district and one from the City of Naples. CHAIRMAN FIALA: Oh, I see, okay. MS. FILSON: Now -- and then just to be clear, clear, clear, when there's an opening on the Planning Commission, ifhe's going to be nominated by a commissioner, do I advertise, or does that commissioner bring forth a person to be presented to the board? MR. KLATZKOW: You advertise. COMMISSIONER COLETTA: And a commissioner can make a choice from there, or he might say none of the above. MS. FILSON: Okay. CHAIRMAN FIALA: Would you -- would you do me a favor, and would you repeat your motion as it stands now? COMMISSIONER COLETTA: I love you, Donna. Of course I will. Yeah, my motion is several different parts, and I hope I can repeat it exactly as it was. One, that everything is passed by a simple majority. No exceptions. Two, that the -- when an applicant comes forward for the Planning Commission only, that person has to be -- receive a nomination; in other words, whatever the list of people is from that particular district that submit for it, the commissioner of that district would nominate one person that he thinks would be most fit or he could not nominate any of the above and readvertise it. Page 209 March 10,2009 Two -- I'm trying to remember -- or three, would be the -- dealing with, oh, the records that come forward as far as what we have to make our decision, that we don't require anything special as far as the vote goes for people that are into three terms or serve on more than two boards. At that point in time, there'll just be a notification within our agenda package along with the time that they have served on there the past two years, what their attendance was so that we can make an informed decision on our votes. CHAIRMAN FIALA: You know, one of the things that makes me a little nervous is, say, for instance, some commissioner has -- is in a snit that week when somebody's term is being applied for on the Planning Commission, and that week they don't like him, but then the next week they're going to like him again. That person won't be accepted, and then they'll be off four years. I mean, I'm thinking like Mark Strain, for instance, is who I'm actually thinking. So Mark Strain -- you know, say, for instance, you and Mark don't see eye to eye on something or another and you decide COMMISSIONER COLETTA: Well, that's a terrible example because we've been together for like 20-some years plus. CHAIRMAN FIALA: That's true, but I mean, I'd hate to lose him. COMMISSIONER COLETTA: I know what you're saying, but it's because of Mark Strain that I'm putting this thing together the way it is, is to try to keep things attached. But once again, I think the commissioner in that district should be able to make an informed decision. Mark Strain's an example of about as perfection as you can get. CHAIRMAN FIALA: Yeah, you wouldn't want to lose him. COMMISSIONER COLETTA: You wouldn't want to lose him. CHAIRMAN FIALA: And so if somebody had a -- you know, if you had a snit with him -- Page 210 March 10, 2009 COMMISSIONER COLETTA: But there's a lot of other people that come forward that want to get on the Planning Commission that you don't want -- I mean, traditionally, we have always honored that commissioner, but there's been a couple times where somebody would jump in and say, no, I want this one or that one. CHAIRMAN FIALA: That's true. COMMISSIONER COLETTA: We've got to remind them it's that. But this is putting it down as a matter of law so it no longer becomes a hit-or-miss situation. CHAIRMAN FIALA: Okay. MR. KLATZKOW: But what you're really doing is you're having the commissioner of that district choose the planning commISSIOner. CHAIRMAN FIALA: That's exactly what you're -- MR. KLATZKOW: That's what you're doing, because the commissioner is only going to choose the person he wants, and if four people apply, it's just going to be one nomination, and the board will either accept or reject it. COMMISSIONER COLETTA: Right. And they can reject it, and you'd have to go back to the drawing boards if they did reject it. COMMISSIONER COYLE: And if Commissioner Coletta were to vote -- were not to select Mark Strain, can we vote to impeach Commissioner Coletta? COMMISSIONER COLETTA: That's correct. You can do that, too. MR. KLATZKOW: No, you cannot. COMMISSIONER COYLE: Can we change the law so we can? CHAIRMAN FIALA: So now Commissioner Coletta's just nominated -- poor Mark, oh, ifhe could hear us now -- has just nominated Mark Strain, and then -- COMMISSIONER COLETTA: I got to help you Donna. I had breakfast with Mark, and this was -- a good part of it was his own Page 211 March 10, 2009 idea. CHAIRMAN FIALA: Oh, I see. And then after he's nominated him he didn't get the majority vote. There were only two votes rather than three. Then what happens? COMMISSIONER COLETTA: Well, the same thing that happens now. That person wouldn't be appointed. CHAIRMAN FIALA: Oh. COMMISSIONER COLETTA: It takes three votes. MR. KLATZKOW: Right, but what you're going to find is that that commissioner may not approve anybody else down the line until he gets, or she gets, their choice, and you'll -- you're getting yourself into a position where you might get yourselves into gridlock by doing it this way is what I'm getting at. I mean, I understand what you want to do but-- , COMMISSIONER COLETTA: I'm sorry. What's the problem? MR. KLATZKOW: You're putting yourselves into a position of potential gridlock because a particular commissioner can say, I want this person or nobody else, and that's the only person that commissioner will nominate. If the others vote no, that commissioner simply doesn't nominate anybody else and you'll have a vacancy. COMMISSIONER COLETTA: Well, I think that's -- we never ran into that. And if we did, I mean, at that point in time, you might get somebody that's really being a pain in a neck and they won't make -- and they want to bring everything to a dead stop. It didn't exist with this present commission. You know, we can only address problems like that when we've seen them, and we've never seen them in the past eight years, anything even resembling anything like that. CHAIRMAN FIALA: Okay. So Commissioner Halas? COMMISSIONER HALAS: I like -- I would think that instead of having a unanimous majority, that we would have a supermajority in regards to approving somebody if they were term limited. I would go along with that. Page 212 March 10,2009 COMMISSIONER COLETTA: To be honest with you, we discussed this quite a bit, and I think we got enough acceptance for the simple majority across the board, and I'd like to run the motion through just like that, but I appreciate your input, sir. CHAIRMAN FIALA: And I kind of interrupted with the question there. Is there any more to your motion than the two points that you made? COMMISSIONER COLETTA: Help me. Have I missed anything from what we were discussing? I think we covered it quite well. CHAIRMAN FIALA: Okay. Very good. Then I have a motion on the floor and a second. Oh. Mr. Mudd? MR. MUDD: Oh, I hate to get it. You have more than one board that you have a district representative on in the Planning Commission. Clam Bay Advisory Board has -- MS. FILSON: Yes. MR. MUDD: -- district members that are applied, and you basically focused on the Planning Commission. I'm just going to tell you, you might be in a position in the future where you want district representatives on a new board. And if you put something in there that just says Planning Commission, you just hamstring yourself for the future. So if you can get it a little more generic for the county attorney and give yourselves some leeway because you have -- right now you have Planning Commission and you have the Clam Bay Advisory Board that has district representatives. MR. KLATZKOW: But this nomination's going to the Planning Commission board. It's not going to the general one. COMMISSIONER COLETTA: Yeah. I feel a little uncomfortable trying to carry it across paths at that point. I really do. I think we covered it well enough. I think the rest of the boards Page 213 March 10,2009 that we have, the system works very well. It's just Planning Commission is the hinge point where everything happens around here. We want to make sure that we have the right people in there. Who would know but the commissioner of that district? Past that point, I think we'd leave it just the way it is. MS. FILSON: Yeah. The library board has districts, too. MR. MUDD: Yeah. You have more than just planning. COMMISSIONER COLETTA: Limit it just to the Planning Commission. COMMISSIONER HENNING: Call the motion. CHAIRMAN FIALA: Okay. All those in favor, signify by saymg aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. It's a 4-1 vote. MS. FILSON: Okay. Now can I have direction? COMMISSIONER COYLE: No. MR. MUDD: No. You can't have direction until the board approves the ordinance. They gave the county attorney direction to change the ordinance. The ordinance needs to be advertised, it needs to come back to the Board of County Commissioners for a vote. MS. FILSON: Okay. COMMISSIONER COYLE: But now you've got 12 -- that is -- yeah, 12B. Wherever you moved that thing. MR. MUDD: We're not there yet. COMMISSIONER COYLE: 17 A. MR. MUDD: Ms. Filson was asking about her 9 item as far as being continued. It's continued until the ordinance is approved by the Page 214 March 10, 2009 Board of county Commissioners, and then from there we'll get some direction. Item #8A ORDINANCE 2009-11: AMENDING ORDINANCE NO. 2009-01, WHICH CREATED THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD, IN ORDER TO CLARIFY CERTAIN QUALIFICATIONS FOR APPOINTMENT AND PROVIDE FOR WAIVER OR MODIFICATION OF THE STATED QUALIFICATIONS WHEN DEEMED NECESSARY TO APPOINT THE BEST-QUALIFIED CANDIDA TE(S) - ADOPTED MR MUDD: Brings us now to 12B, which is 8A on your agenda, but it used to be 17 A. COMMISSIONER COYLE: Motion to approve. MR. MUDD: It's a recommendation that the Board of County Commissioners -- COMMISSIONER COLETTA: Second. MR. MUDD: -- adopts an ordinance amending ordinance number 2009-01 which created the Collier county Emergency Medical Services Policy Advisory Board in order to clarify certain qualifications for appointment, and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best-qualified candidate or candidates. Mr. Klatzkow? CHAIRMAN FIALA: I already have a motion to approve from COMMISSIONER HALAS: I'll second it. CHAIRMAN FIALA: -- Commissioner Coyle. I think I had -- Commissioner Coletta already second it. Page 215 March 10, 2009 COMMISSIONER HALAS: Oh, okay. I'm sorry. CHAIRMAN FIALA: Thank you. Any 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. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN FIALA: Okay. Now we move on to staff and commission general communications. Mr. Mudd? MR. MUDD: I will make this as short as I can. When we had our budget policy guidance to the Board of County Commissioners, I used a document -- Leo, if you can help me out -- I used a document that came from the Department of Revenue that had -- that came out of the ad valorem estimating conference. It was dated December 4th, 2008. The -- if you take a look, it says, Collier County -- it's kind of highlighted on the sheet, and I'll try to go across from Collier County, put my finger on it. CHAIRMAN FIALA: Do you want a ruler? MR. MUDD: It's right -- it's right here. It basically says minus 14.3 percent. And what was happening at the time on 4 December is Page 216 March 10, 2009 that the state was estimating that our -- we would have a devaluation of property in Collier County of some 14.3 percent. Based on that, my recommendation to the Board of County Commissioners on a tax neutral position was to come back with a budget that was minus 15 percent and -- in case we went to a millage neutral. Since that time, on 4 March I received another Florida ad valorem tax roll estimate. And again, I want to make sure that you understand that the December 4th roll that I got said final on it. On March 4th, I received another one that still has final on it. I just want to know when it's really going to be final because I don't think it's going to be final until Abe Skinner tells us when it is; however, on 4 March, they told us that Collier County would -- our values of property would go down some 23.5 percent. With that, I had nothing else to go on, and I try to go on what the best estimates that I can get my hands on. I will not know until Mr. Abe Skinner gives us his estimate on 1 June by Florida Statute. I've gone back to the staff and basically told them in the millage neutral alternative that they need to have a minus 25 percent cut, okay. So I've gone back to the staff. Instead of the minus 15, it's now minus 25 because of that. I let you know that because I'm going to talk about this tomorrow night at a town hall meeting with Commissioner Fiala, and I didn't want to bring this up the first time with you during a town hall meeting and have you look at that particular slide and/or the ramifications of that particular Department of Revenue estimate of what our properties would go down this next tax cycle. So I just want to bring that to your attention. That's all I have, ma'am, and I think that's quite enough. CHAIRMAN FIALA: Okay. County Attorney? MR. KLATZKOW: Yeah. I have one small-- one small item. One of the things we've been trying to deal with in our office is -- deals with the Vanderbilt Beach parking garage. Apparently we have Page 217 March 10, 2009 commercial property owners in the area having their employees utilize the beach parking as employee parking, and unfortunately, I don't have a remedy at this point in time. There's no ordinance to ticket them, there's no ability to simply tow them away. They're putting beach stickers on the cars and they're just parking there all day long. And I'm just coming to the board for direction if there's anything you want us to do about that. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. I got a call to my office that commercial property owners are thinking that this is a municipal parking garage, and it really isn't. This garage was provided by tourist development -- tourist development tax dollars, it's there's for the residents, and it's there for the people that come into this community, and obviously our visitors bring in around $800 million a year. And to have commercial property owners basically have their employees use this parking garage, I think, is appalling, especially when you have some of these commercial properties that are providing a parking garage for their own employees, but because of where the parking garage is located, they're parking in our garage because it's closer to their work. And all of the -- I believe that our Land Development Code is such that all property owners and business owners have to have parking on their premises to provide that for their workers. So I think it's a problem that we should address, that it's there for the citizens who are there to take care of the beach -- or to go to the beach and have a couple of hours or a day of recreation, but it's not there to take care of the commercial portion of this, in other words, provide commercial parking in a beach parking garage. I hope I'm clear. CHAIRMAN FIALA: Yeah. How do we -- how do we stop it though? COMMISSIONER HALAS: Well, I'm looking to the county Page 218 March 10, 2009 attorney to hopefully come up with some type of an ordinance. MR. KLATZKOW: Yeah. I could come back on executive summary with a proposed ordinance. There are several different ways to do it. I just want to know if this is something the board wants us to look into. CHAIRMAN FIALA: Well, this is Commissioner Halas' district. If he feels that this is important -- COMMISSIONER HALAS: Well, I think I need the support of the board to carry this item on. CHAIRMAN FIALA: Sure. COMMISSIONER HALAS: And I think it's important because all of us know that we've been looking at every nook and cranny for additional beach parking, and when we have tourists that come into this town and spend this kind of money, I think that we should do everything possible to make sure that we accommodate their needs. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Just a comment. I think it's going to get real tricky telling the general public that they can't park in a government parking building. The -- we have the same problem in Naples. The parking lot there on Third Street has some signs that says for beachgoers only, but the parking lot is used by all of the businesses in there. And I'm not sure that we wouldn't get into trouble with the public if we started saying, yeah, government funds. I mean, yeah, tourist development funds went to build this thing, but -- and it can only be used by tourists. COMMISSIONER HALAS: Or the people that go to the beach to go -- to enjoy the beach not use it as public parking to accommodate their needs when they go to work. COMMISSIONER COYLE: Well, that's the problem, trying to decide which are which is a real tough problem. But I -- listen, it is Commissioner Halas' district, I understand the Page 219 March 10, 2009 problem, and I'm going to go along with it. I just want to raise the question that, you know, there might be some pushback on this, so we just need to anticipate that. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I think we ought to have it back by staff, possibly they can poll some other communities that have similar parking situations, see how they resolved it. There should be some sort of way to be able to do it. I can see how it would be a real problem, because every time you get X number of people in there just parking and taking up the space for beachgoers, you limit -- you limit the number of people. I mean, these garages are quite full, especially for weekends. In this time of year, it's very difficult to find parking. COMMISSIONER HALAS: I appreciate the support. COMMISSIONER COLETTA: You do have it. CHAIRMAN FIALA: And you've got all four of us nodding for you. Very good. That's the only thing, County Manager? MR. KLATZKOW: That's the only thing, ma'am. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: We covered that particular subject, thank you. And it was a very busy and hectic day, and you did a great job. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Well, Swamp Buggy weekend last weekend was a roaring success. The weather was absolutely perfect. We had Commissioner Peppy Diaz come down from Miami and was recognized as the special guest, and he gave a little bit of a rendition of what his vision was for the jetport, and the crowd went absolutely crazy. So just a little headway of where everything's going in that direction. Appreciate your support. Page 220 March 10, 2009 CHAIRMAN FIALA: Thank you. And just to wind this up in case anybody still happens to be watching the television, I hope to see you tomorrow. Everybody from Collier County is invited to our town hall meeting. It's going to be at the new library. Doesn't have any furniture in there yet, no books in there yet, but we do have chairs. So we'd love to have you come and join us and see what the new library looks like. It's on Lely Cultural Boulevard. Starts at seven p.m., goes till nine p.m. Our commissioners, for the most part, will be there, staff will be there, and we're going to give you heads-up on all the things going on in Collier County. It will be the only town hall meeting this year, so please join us. Thank you. And with that, the meeting is adjourned. MR. MUDD: Ah, Ah. Ma'am? COMMISSIONER COLETTA: Motion to adjourn. MR. MUDD: Motion to adjourn. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. Motion to adjourn by Commissioner Coletta, second by Commissioner Halas. Gee, I wish I could just end it all by myself. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: (Absent.) COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) COMMISSIONER COLETTA: You're just used to being in control. ****Commissioner Henning moved, seconded by Commissioner Page 221 March 10,2009 Coletta and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TRAIL RIDGE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A2 - Moved to Item #17G (Per Agenda Change Sheet) Item # 16A3 CONTRACT #08-5090 TO RHODES, TUCKER & GARRETSON FOR SPECIAL MAGISTRATE SERVICES FOR COLLIER COUNTY CODE ENFORCEMENT DEPARTMENT IN AN APPROXIMATE AMOUNT OF $80,000 PER YEAR - FOR CONDUCTING HEARINGS AND ADMINISTERING THE LAW RESULTING FROM VIOLATIONS OF LOCAL CODES AND ORDINANCES Item #16A4 RESOLUTION 2009-49: FINAL APPROV AL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PHASE THREE EAST, UNIT ONE WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A5 Page 222 March 10, 2009 RESOLUTION 2009-50: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PHASE THREE EAST, UNIT TWO WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item # 16A6 SATISFACTION OF LIEN FOR THE BRITTANY BAY APARTMENTS PHASE II DUE TO THE IMPACT FEES BEING P AID IN FULL IN ACCORDANCE WITH THE MUL TI-F AMIL Y RENTAL IMPACT FEE DEFERRAL PROGRAM, AS SET FORTH BY SECTION 74-401(E) AND 74-401(G) (5) OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES - IMPACT FEES IN THE AMOUNT OF $1,210,626.56 WERE PAID IN FULL ON FEBRUARY 5, 2009 Item #16A7 AN AMENDMENT TO THE AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTI- FAMILY (RENTAL) AFFORDABLE HOUSING BETWEEN COLLIER COUNTY AND BRITTANY BAY PARTNERS, LTD., FOR THE BRITTANY BAY APARTMENTS, PHASE I, CONSISTENT WITH THE BOARD'S DIRECTION PERTAINING TO REMEDIES FOR PAST DUE AND EXPIRING IMPACT FEE DEFERRALS - GRANTING A FOUR YEAR EXTENSION WITH THE REMAINING BALANCE (INCLUDING 5% INTEREST PER YEAR) DUE ON SEPTEMBER 5,2011 Item # 16A8 Page 223 March 10, 2009 COMMERCIAL EXCAVATION PERMIT NUMBER 60.030, AR 12838, TO RINKER MATERIALS OF FLORIDA, INC. AND BARRON COLLIER COMPANIES FOR THE PROJECT KNOWN AS "HOGAN ISLAND QUARRY" C.U. CONSISTING OF 967.65 ACRES, MORE OR LESS, SITTING IN SECTIONS 9,10, 15, 16, 21,22 OF TOWNSHIP 47, SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, MORE P ARTICULARL Y SITTING ABOUT 0.75 MILES NORTH OF WHERE THE OIL WELL GRADE INTERSECTS IMMOKALEE ROAD - ADDED LANGUAGE PER AGENDA CHANGE SHEET: "THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM, ALL P ARTICIP ANTS ARE REQUIRED TO BE SWORN IN" - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16A9 KENNY MATEJA OF TROPICLEAN GAS AND AUTO SPA REQUESTS A TEMPORARY USE PERMIT IN ACCORDANCE WITH THE PROVISIONS OF THE LAND DEVELOPMENT CODE (LDC) FOR SEVEN CONSECUTIVE WEEKENDS (FRIDAY AND SATURDAY) AT 9995 EAST TAMIAMI TRAIL, SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26, FOR A SUM TOTAL: FOURTEEN DAY TIME LIMIT THAT IS ALLOWED BY THE LDC DURING THE 2009 CALENDAR YEAR TO DISPLAY A CARW ASH PROMOTIONAL BANNER FOR HIS BUSINESS, AND TO ALLOW THE APPLICANT TO PAY A ONE TIME TWO HUNDRED DOLLAR FEE TO ENCOMPASS THE ENTIRE REQUESTED LENGTH OF TIME - ADDED LANGUAGE PER AGENDA CHANGE SHEET: "THIS ITEM Page 224 March 10, 2009 REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM, ALL PARTICIPANTS ARE REQUIRED TO BE SWORN IN" Item #16A10 CONTRACT #08-5122 WITH POST, BUCKLEY, SCHUH & JERNIGAN FOR A PHASE 1 COST OF $575,736.95 TO UPDATE THE BIG CYPRESS BASIN REGIONAL HYDROLOGIC MODEL AND BEGIN THE DEVELOPMENT OF WATERSHED MANAGEMENT PLANS REQUIRED BY THE GROWTH MANAGEMENT PLAN - ADDRESSING AND IMPROVING ELEMENTS OF FLOOD CONTROL, WATER QUALITY, NATURAL SYSTEMS AND PROTECTING COLLIER COUNTY'S WATER RESOURCES Item #16A11 - Moved from Item #17E (Per Agenda Change Sheet) RESOLUTION 2009-51: (ADDED LANGUAGE PER AGENDA CHANGE SHEET: "THIS ITEM REQUIRES THAT ALL P ARTICIP ANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM, ALL PARTICIPANTS ARE REQUIRED TO BE SWORN IN") PETITION ST-2008-AR-13958, WILSONMILLER, INC., REPRESENTING NORTH NAPLES FIRE CONTROL DISTRICT, REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT A TWO-STORY 12,952 SQUARE-FOOT FIRE STATION WITH ASSOCIATED PARKING, UTILITIES AND A SURFACE WATER MANAGEMENT SYSTEM ON 3.4 ACRES ZONED AGRICUL TURAL WITH A SPECIAL TREATMENT OVERLAY Page 225 March 10, 2009 (A-ST) IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA - FOR PROPERTY LOCATED BETWEEN LIVINGSTON AND V ANDERBIL T BEACH ROADS Item #16B1 AN ADOPT-A-ROAD CANCELLATION OF AGREEMENT DUE TO ROAD SEGMENT ALREADY BEING ADOPTED - CANCELING PARTICIPATION BY MCDONALD'S FOR A SEGMENT OF IMMOKALEE ROAD FROM US 41 TO 1-75 Item #16B2 AN ADOPT-A-ROAD PROGRAM AGREEMENT WITH TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150.00 - W/LlZ APPLING OF FLORIDA HOME REALTY FOR APART OF ROADWAY KNOWN AS OLD LIVINGSTON ROAD Item #16B3 WORK ORDER FOR A CONSTRUCTION PROJECT TO AP AC- SOUTHEAST, INC. FOR THE GOODLETTE-FRANK ROAD (C.R. 851) INTERSECTION IMPROVEMENTS AT CREEKSIDE BOULEVARD IN THE AMOUNT OF $219,414.35, CONTRACT NO. 08-5045, PROJECT NO. 66065 - IMPROVING AN EXISTING TURN LANE, ADDING AN ADDITIONAL LANE ONTO CREEKSIDE BLVD. AND RESURFACING ROAD SURFACE Item # 16B4 PARTIAL APPORTIONMENT OF THE FEDERAL TRANSIT Page 226 March 10,2009 ADMINISTRATION (FT A) FY 2009 SECTION 5307 GRANT IN THE AMOUNT OF $901,448.00 - FUNDS WILL BE USED TO IMPROVE SECURITY AT THE NEW CAT OPERATIONS FACILITY; PURCHASING BENCHES AND SHELTERS; FOR ADA PARA-TRANSIT SERVICES AND PREVENTATIVE MAINTENANCE Item #16B5 AWARD FISCAL YEAR 2009 LANDSCAPE BEAUTIFICATION MASTER PLAN CAPITAL PROJECTS (BID #09-5190): IMMOKALEE ROAD PHASE II & III (1-75 TO 951), RATTLESNAKE HAMMOCK (POLLY TO C.R. 951) AND VANDERBILT BEACH ROAD PHASE I & II (AIRPORT TO c.R. 951) TO HANNULA LANDSCAPING AND IRRIGATION, INC. IN THE AMOUNT OF $1,786,039.23 WITH $13,960.77 CONTINGENCY FOR A TOTAL OF $1,800,000 - UPON COMPLETION OF THE PROJECT AN ADDITIONAL $595,123.70 IS NEEDED ANNUALLY FOR MAINTAINING THE 10.3 MILES OF ADDED LANDSCAPING Item #16B6 APPL YING FOR FEDERAL TRANSIT ADMINISTRATION FUNDS UNDER TITLE 49 US.C. S 5307 PERTAINING TO THE AMERICAN RECOVERY AND REINVESTMENTS ACT (ARRA) AND TO ACCEPT THE GRANT IF AWARDED - UNDER THIS 2009 ACT, COLLIER COUNTY IS ELIGIBLE FOR $2,963,261 TO BE USED FOR TRANSIT CAPITAL PROJECTS TO INCLUDE: ELECTRONIC F AREBOXES, MOBILE DATA SYSTEMS, A GIS ROUTE PLANNING SYSTEM, PURCHASING TWO (2) HYBRID BUSES, SECURITY CAMERAS FOR BUSES AND UPGRADING Page 227 March 10, 2009 THREE (3) BUSES WITH HYBRID TECHNOLOGY Item #16B7 TERMINATE THE AMENDED AND RESTATED US41 DEVELOPERS' CONSORTIUM (CONSORTIUM) DEVELOPER CONTRIBUTION AGREEMENT (DCA), RECORDED IN O.R. BOOK 4408, PAGE 2880. (CTS) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 AGREEMENT #08-5125 TO SOUTHWEST DIRECT, TO OUT SOURCE THE PRINTING AND MAILING OF COLLIER COUNTY WATER-SEWER DISTRICT UTILITY BILLS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $100,000- FOR AN INITIAL ONE (1) YEAR PERIOD Item # 16C2 RESOLUTION 2009-52: RESOLUTION W/EXHIBITS OF THE LEGAL DESCRIPTION, PAYMENT PLAN AGREEMENT AND LIEN AGREEMENT BETWEEN TAMIAMI SQUARE OF NAPLES, LLC (DEVELOPER) AND COLLIER COUNTY WATER-SEWER DISTRICT CONSISTENT WITH THE BOARD'S FEBRUARY 24,2009 ADJUDICATION THAT DEVELOPER OWES $120,904 AS ALTERNATIVE WATER AND WASTEWATER IMPACT FEES FOR BUILDING #300 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 Page 228 March 10, 2009 FUNDING FROM THE 4-H FOUNDATION CLUBS, INC. IN THE AMOUNT OF $50,881.00 FOR THE 4-H OUTREACH PROGRAM MANAGED BY THE COLLIER COUNTY UNIVERSITY OF FLORIDA/IFAS EXTENSION DEPARTMENT AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $26,481.00 - TO FUND A TEMPORARY POSITION, PARTIALLY FUND A FULL- TIME POSITION AND EXPENDITURES TO ENHANCE OUTREACH ACTIVITIES Item #16D2 RESOLUTION 2009-53: SUPPORTING HOUSE BILL 451 WHICH REQUIRES STERILIZATION OF DOGS AND CATS OF A SPECIFIED AGE AND PROVIDES EXCEPTIONS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D3 A FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) DIVISION OF MARINE FISHERIES MANAGEMENT, ARTIFICIAL REEF CONSTRUCTION GRANT APPLICATION FOR THE COASTAL ZONE MANAGEMENT DEP ARTMENT IN THE AMOUNT OF $60,000 - FOR THE CREATION OF THREE (3) NEW 200 TON ARTIFICIAL REEFS THAT WILL BE LOCATED AT GORDON PASS, DOCTOR'S PASS, AND WIGGIN'S PASS FOR THE PROJECT TITLED "SANTA LUCIA REEF SITE" Item # 16D4 AMENDMENT TO THE DAVID LAWRENCE MENTAL HEALTH CENTER AGREEMENT APPROVED NOVEMBER 18, Page 229 March 10, 2009 2008 AS ITEM #16D9, INCREASING THE DOLLAR AMOUNT AWARDED TO THE DAVID LAWRENCE CENTER PERVIOUSL Y APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON NOVEMBER 18, 2008 AS ITEM #101- DUE TO SEVERE BUDGET CUTS BY THE ST ATE, FUNDS RECEIVED FROM COLLIER COUNTY'S CONSTITUTIONAL OFFICERS THAT WERE RETURNED TO THE BOARD AS "TURN-BACK DOLLARS" WILL BE USED TO FUND THE ONE- TIME AWARD OF $450,000 Item #16D5 LETTER OF SUPPORT FOR ESPERANZA PLACE - PHASE ONE, A FORTY EIGHT (48) UNIT MULTI-FAMILY AFFORDABLE HOUSING PROJECT BEING DEVELOPED BY FLORIDA NON-PROFIT SERVICES, INC. - BENEFITTING FARM WORKERS IN IMMOKALEE Item #16E1 RESOLUTION 2009-54: SUPPORT FOR AMENDING THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA) - ALLOWING LOCAL AND ST ATE AGENCIES THE ABILITY TO COMPARE FEES AND USE THE "BEST VALUE BASIS" APPROACH DURING FORMAL SOLICIT A TION WHEN CHOOSING PROFESSIONAL SERVICES AGREEMENTS Item # 16E2 WAIVE COMPETITION AND APPROVE AN AMENDMENT TO THE CURRENT CONTRACT WITH VOCA TUS MEDICAL MANAGEMENT SERVICES TO OPEN A NORTH MEDCENTER Page 230 March 10, 2009 LOCATION, AND ESTABLISH FEES FOR VOCATUS FOR THE RENEWAL PERIOD - MEETING HIGH DEMAND FOR SERVICES FORA NEW LOCATION AT 4513 EXECUTIVE DRIVE AND EXTENDING THE CURRENT AGREEMENT (CONTRACT #05-3748R) THROUGH NOVEMBER 14,2014 Item # 16E3 SELL OR DONATE COUNTY SURPLUS PROPERTY THAT IS NO LONGER OF USE TO COUNTY DEPARTMENTS AND TO OBTAIN REVENUE FOR THE COUNTY - SCHEDULED FOR MARCH 28, 2009 WITH AUCTION SERVICES PROVIDED BY ATKINSON REALTY & AUCTION, INC. Item # 16E4 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE REPORT PERIOD JANUARY 19,2009 THROUGH FEBRUARY 17,2009 Item # 16E5 CONVEYANCE OF A REVOCABLE TEMPORARY LICENSE TO THE LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR THE INSTALLATION OF ELECTRIC FACILITIES TO PROVIDE ELECTRIC SERVICE FOR THE MARCO ISLAND HISTORICAL MUSEUM WHICH IS LOCATED AT 1264 MISTLETOE COURT, MARCO ISLAND, FLORIDA, AT A COST NOT TO EXCEED $60.00 - TO COMPLETE CONSTRUCTION OF THE FACILITY Item #16F1 - Withdrawn (Per Agenda Change Sheet) Page 231 ~..,--"--,-~..-._......,--- - ....--.-....' March 10,2009 BUDGET AMENDMENT FROM THE OCHOPEE FIRE CONTROL DISTRICT RESERVES IN THE AMOUNT OF $120,000 FOR THE PURPOSE OF RENOVATING PORT OF THE ISLANDS MARINA TO BE USED AS A FIRE STATION - ENHANCING FIRE & RESCUE PROTECTION IN COLLIER COUNTY AND TO ADDRESS PROPERTY INSURANCE ISSUES Item # 16F2 BUDGET AMENDMENT FOR THE OCHOPEE FIRE CONTROL DISTRICT IN THE AMOUNT OF $28,860 FOR ARCHITECTURE SERVICES REGARDING THE RENOVATION OF THE PORT OF THE ISLANDS MARINA INTO A FIRE STATION - TO HOUSE PERSONNEL AND STORING FIRE APP ARA TUS Item # 16F3 CHAIRMAN TO SIGN THE SUBMITTAL OF A VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION IN THE AMOUNT OF $10,500 TO THE FLORIDA DIVISION OF FORESTRY FOR THE PURPOSE OF REFURBISHING TWO 1994 6X6 FIVE TON VEHICLES - FOR USE BY THE OCHOPEE FIRE CONTROL DISTRICT TO ADD VALUABLE EQUIPMENT BEFORE THE PREDICTED ACTIVE BRUSH FIRE SEASON Item #16F4 RESOLUTION 2009-55: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET - RECOGNIZING $495,000 IN GRANT Page 232 March 10, 2009 FUNDS FROM THE USDA (AS AGENDA ITEM #16G2 2/24/09) Item #16F5 RESOLUTION 2009-56: SUPPORTING HOUSE BILL 691 RELATING TO STATE OVERSIGHT OF UTILITY SERVICES PROVIDED BY INTERGOVERNMENTAL AUTHORITIES FILED BY STATE REPRESENTATIVE MATT HUDSON AND THE COMPANION SENATE BILL 1192 RELATING TO UTILITY SERVICES/OVERSIGHT /INTERGOVERNMENT AL AUTHORITIES BY STATE SENATOR GARRETT RICHTER - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 - Moved to Item #17F (Per Agenda Change Sheet) Item #16H1 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE ENCA LUNCHEON ON FEBRUARY 19,2009 AT CARRABBA'S IN NAPLES, FL; $16.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED ON TAMIAMI TRAIL EAST, NAPLES Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE FLORIDA ASSOCIATION OF COUNTIES 2009 LEGISLATIVE DAY ON MARCH 25, 2009 IN TALLAHASSEE, FL; $110.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - TO PRESENT Page 233 March 10, 2009 COLLIER COUNTY'S PRIORITIES Item # 16H3 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE FIFTH ANNUAL HONOR THE FREE PRESS DAY ON MARCH 18, 2009 AT THE HILTON IN NAPLES, FL; $30.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 T AMIAMI TRAIL NORTH, NAPLES Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED AN EVENING WITH CLYDE BUTCHER ON MARCH 5, 2009 AT THE ROOKERY BAY AUDITORIUM IN NAPLES, FL; $20.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - AT 300 TOWER ROAD OFF CR 951 BETWEEN NAPLES AND MARCO ISLAND Item # 16H5 COMMISSIONER FIALA'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE CHABAD OF NAPLES 5TH ANNIVERSARY CELEBRATION ON MARCH 22, 2009 AT THE NAPLES BEACH HOTEL AND COUNTRY CLUB IN NAPLES, FL; $150.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 851 GULF SHORE BOULEVARD NORTH Page 234 March 10, 2009 Item #16H6 COMMISSIONER HENNING'S REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE WILL ATTEND THE CHABAD OF NAPLES 5TH ANNIVERSARY CELEBRATION ON MARCH 22,2009 AT 6:00 P.M. AT THE NAPLES BEACH HOTEL AND COUNTRY CLUB IN NAPLES, FLORIDA; $150.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - LOCATED AT 851 GULF SHORE BOULEVARD NORTH 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 235 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 10, 2009 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Animal Services Advisorv Board: Minutes of December 16, 2008. 2) Bavshore/Gatewav Triangle Local Redevelopment Advisorv Board: Minutes of December 2,2008; January 6, 2009. 3) Collier Countv Planning Commission: Agenda of February 19,2009 REVISED. 4) Contractors Licensing Board: Minutes of January 21, 2009. 5) Countv Govemment Productivitv Committee: Agenda of August 27, 2008; September 17,2008; October 15,2008; November 19,2008; December 17,2008. Minutes of August 27, 2008; September 17,2008; October 15,2008; November 19, 2008; December 17, 2008. A. Productivitv Committee/EMSAC Master Plan Review: Minutes of February 19,2008; August 28,2008. B. Countv Core Function Studv Subcommittee: Minutes of April 23, 2008; May 6, 2008. C. Impact Fee Review Subcommittee: Minutes of December 6,2007. D. Alternative Policy Approaches for Impact Fees Subcommittee: Minutes of December 3, 2008. 6) Development Services Advisorv Committee: Minutes of January 7, 2009. 7) Environmental Advisory Council: Minutes of December 3, 2008; January 7, 2009. 8) Golden Gate Communitv Center Advisory Committee: Minutes of December I, 2008; January 5, 2009. 9) Golden Gate Estates Land Trust Committee: Agenda of December 3,2008. Minutes of December 3, 2008. 10) HistoricaIl Archaeological Preservation Board: Minutes of November 19,2008. I I) ImmokaIee Enterprise Zone Development Agency: Agenda of January 26, 2009. Minutes of December 17,2008. 12) Immokalee Local Redevelopment Advisorv Board: Agenda of January 26,2009. Minutes of December 17, 2008. 13) ImmokaIee Master Plan and Visioning Committee: Agenda of January 26, 2009 w/CRA Committee. Minutes of December 17,2008 w/CRA Committee. 14) Pelican Bay Services Division Board: A. Budget Committee: Agenda of November 6, 2008. Minutes of November 6, 2008. B. Ordinance Review Committee: Agenda of November 25,2008. Minutes of November 25, 2008. 15) Public Vehicle Advisory Committee: Agenda of February 2,2009. 16) Utility Authority (Water and Wastewater Authority): Minutes of September 22, 2008. March 10, 2009 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 14,2009 THROUGH FEBRUARY 20, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1612 AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES PERTAINING TO SERVICES AND VOTING EQUIPMENT USED BY THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT IN CONNECTION WITH A SPECIAL ELECTION TO BE HELD ON MAY 12, 2009 - AGREEMENT IS $84,270 AND IS AN ESTIMATE BASED ON 44,000 VOTERS Item # 1613 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 21,2009 THROUGH FEBRUARY 27, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 STAFF TO PROCEED WITH ADVERTISING A PROPOSED ORDINANCE AMENDING ORDINANCE NO. 2007-74; THE COLLIER COUNTY CONVENIENCE BUSINESS SECURITY ORDINANCE - AMENDING SECTION THREE OF 2007-74 TO INCLUDE MINIMUM SAFETY AND SECURITY STANDARDS SET FORTH IN FLORIDA'S ADMINISTRATIVE RULE Item #16K2 Page 236 March 10, 2009 SETTLEMENT IN THE LA WSUIT ENTITLED COLLIER COUNTY, FLORIDA Vs. BOTNER LAND DESIGN, INC., ET AI., FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 02-1923-CA FOR $99,500.00 - CLAIMS FILED IN 2002 FOR BREACH OF CONTRACT AND PROFESSIONAL NEGLIGENCE FOR THREE LANDSCAPE PROJECTS IN COLLIER COUNTY Item # 17 A - Moved to Item #8A during Agenda Changes (Per Commissioner Coyle's request) Item #17B RESOLUTION 2009-57: PETITION: CU-2008-AR-13661, CENTER POINT COMMUNITY CHURCH, REPRESENTED BY MATTHEW MCLEAN, P.E., OF AGNOLl, BARBER AND BRUNDAGE AND DOUG LEWIS, ESQ., OF ROETZEL AND ANDRESS, IS REQUESTING A CONDITIONAL USE IN THE ESTATES (E) ZONING DISTRICT FOR A YOUTH MINISTRY SANCTUARY WITH SUPPORTING OFFICES AND YOUTH MEMBER SOCIAL ACTIVITIES RELATING TO THE EXISTING RELIGIOUS FACILITY SPECIFIED IN SECTION 2.03.01.B.1.C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC). THE 4.58-ACRE SUBJECT PROPERTY IS LOCATED IN TRACT 85, GOLDEN GATE ESTATES, UNIT 29, IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CTS Item #17C ORDINANCE 2009-08: REVISING THE LITTER, WEED AND EXOTIC CONTROL ORDINANCE (ORDINANCE NUMBER 05- Page 237 March 10,2009 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 Item #17D ORDINANCE 2009-09: (THIS ITEM NEEDED A SUPER MAJORITY VOTE FOR APPROVAL) RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE AMENDING 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 IMPACT FEE STUDY ENTITLED THE "COLLIER COUNTY TRANSPORTATION IMPACT FEE UPDATE STUDY" DATED FEBRUARY 19,2009; AMENDING THE ROAD IMPACT FEE RATE SCHEDULE THAT IS SCHEDULE ONE OF APPENDIX "A" BY INCORPORATING THE FINDINGS OF THE STUDY AND THEREBY ESTABLISHING THE NEW IMP ACT FEE RATES; DELETING OBSOLETE PROVISIONS REFERRING TO "DIRECTOR OF FINANCIAL ADMINISTRATION AND HOUSING" AND THE "EDUCATIONAL IMP ACT FEE TRUST FUND;" PROVIDING CLARIFICATION TO THE FOUR YEAR TIME FRAME TO REQUEST AN IMP ACT FEE REIMBURSEMENT BY REMOVING OBSOLETE LANGUAGE; AMENDING THE SPECIAL REQUIREMENTS FOR ROAD IMPACT FEES TO REFLECT THE NEW PROVISIONS, ALLOWING FOR PAYMENT OVER FIVE YEARS, TO OBTAIN OR EXTEND A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES; DIRECTING THE COUNTY MANAGER, OR HIS Page 238 March 10, 2009 DESIGNEE, AND THE COUNTY ATTORNEY TO AMEND THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR CONSISTENCY WITH THE PROVISIONS RELATED TO THE CERTIFICATE OF ADEQUATE PUBLIC FACILITIES AND TO UPDATE THE "COLLIER COUNTY ADMINISTRATION PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE" TO REFLECT THE NEW AND AMENDED PROVISIONS RELATED TO IMP ACT FEES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JUNE 8, 2009 IN ACCORDANCE WITH THE 90- DAY NOTICE PERIOD REQUIRED BY SECTION 163.31801 (3)(D), FLORIDA STATUTES Item #17E - Moved to Item #16A11 (Per Agenda Change Sheet) Item # 17F - Moved from Item # 16G 1 (Per Agenda Change Sheet) ORDINANCE 2009-10: AMENDING THE APPLICATION APPROVAL SECTION OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM POLICIES AND PROCEDURES DOCUMENT, IDENTIFIED IN AND ADOPTED BY SECTION FOUR OF ORDINANCE NUMBER 08-40 TO CORRECT A SCRIVENER'S ERROR DUE TO THE INCLUSION OF AN UNINTENDED REFERENCE BY DELETING THE REFERENCE TO THE EXECUTIVE DIRECTOR'S ABILITY TO APPROVE OR DENY FACADE GRANTS IN THE AMOUNT OF $10,000 OR LESS; AND BY PROVIDING FOR AN EFFECTIVE DATE Item #17G - Moved from Item #16A2 (Per Agenda Change Sheet) Page 239 March 10, 2009 RESOLUTION 2009-58: DESIGNATING 5,868.7 ACRES IN THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI/BCP SSA 10" PURSUANT TO THE TERMS SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 10, AND STEWARDSHIP EASEMENT AGREEMENT FOR BCI/BCP SSA 10; APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 10; APPROVING A STEWARDSHIP EASEMENT AGREEMENT FOR BCI/BCP SSA 10; APPROVING AN ESCROW AGREEMENT FOR BCI/BCP SSA 10; AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA Item # 1 7H - Added (Per Agenda Change Sheet) and then Continued to the March 24, 2009 Meeting (Per Agenda Change Sheet) AN ORDINANCE EST ABLlSHING AUTHORIZATION AND PROCEDURES FOR THE COLLIER COUNTY VOLUNTARY SEP ARA TION INCENTIVE PROGRAM ("VSIP"); PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR INCENTIVE PAY AND IMPLEMENTING RESOLUTION; PROVIDING FOR PAYMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE Page 240 March 10, 2009 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIA~STRlCTS/U~ER ITS CONTROL .~,d~ DONNA FIALA, Chairman ATTEST: DWIGHT E. BROCK, CLERK c .<. AWI,$t II ooCM It QMt....9lI!11';. .' ;. .~~. These }l1inutes approved by the Board on ~ as presented ./ or as corrected . -)(:- ~dl Q.QA. Ltld8/~sx:/1 --- See oJ!t1J!(1~r(, TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 241 -"",--~'-'" _..- March 10, 2009 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIA~ISTRlCTS ~ER ITS CONTROL ~ ~ d4-ec. DONNA FIALA, Chairman A TT~ST:'~ ". . DWIGHT E., BRDCK, CLERK ~qZP~.~c: . At~C it te Chi \'rwfI , ,IQA.t'"rt OIl 1 . These minutes approved by the Board on or as corrected '-l/ D2f3/ ~9 , as presented '~ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 241