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BCC Minutes 04/14/2009 R April 14, 2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 14, 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 Tom Henning Jim Coletta Frank Halas ALSO PRESENT: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Mike Sheffield, Assistant to the County Manager Sue Filson, BCC Executive Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA April 14, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TI~E 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." April 14, 2009 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. March 10, 2009 - BCC/Regular Meeting C. March 11, 2009 - District 1 Town Hall Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 Year Recipients - Public Vehicle Advisory Committee 1) Russell Berghuis 2) Tony Marino 1 0 Year Recipients - Educational Facilities Authority 3) Ross P. Obley 4) John Agnelli April 14, 2009 Page 2 5) Barbara Minch-Rosenberg 6) Alice J. Carlson 4. PROCLAMATIONS A. Proclamation designating April 22, 2009 as Earth Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Director, Joe Bellone, Revenue Services Manager, Utility Billing and Customer Service and Ray Smith, Pollution Control Director. B. Proclamation designating April 22, 2009 as Conservancy of Southwest Florida Green Campus Day. To be accepted by Keith Callaghan, Development Director, Conservancy of Southwest Florida. C. Proclamation encouraging each and every Collier County parent and adult to be called upon to BE THE WALL between their teen and alcohol; to be clear, be firm, and be consistent when talking about alcohol. To be accepted by Marla Ramsey, Helen Athan and Maribel De Armas on behalf of Drug Free Collier. D. Proclamation designating April, 2009 as Sexual Assault Awareness Month. To be accepted by Dana MacMillan, Director of Advocacy, Gissa Infante, Advocate/Prevention Educator and Shaina Hicks, Legal Advocate/Counselor. E. Proclamation designating April 12, 2009 through April 18, 2009 as Collier County Animal Control Officer's Week. To be accepted by Amanda Townsend, DAS Director, and Collier County Animal Control Officers. F. Proclamation designating April 19, 2009 through April 25, 2009 as National V olunteer Week in Collier County. To be accepted by Brian Kelly, RSVP Project Director, the volunteer coordinators of the Public Services Division and their volunteers. G. Proclamation designating the week of April 12, 2009 through April 18, 2009 as National Telecommunicator's Week In Collier County. To be accepted by Chief Greg Smith and Commander Bill Rule from the Collier County Sheriffs Office. April 14, 2009 Page 3 5. PRESENTATIONS A. Recommendation to recognize Claudine Auclair, Principal Planner, Transportation Planning, as Employee of the Month for March 2009. B. Presentation of Platinum Safety Award to Collier County MedFlight Division. 6. PUBLIC PETITIONS A. Public petition request by Michael Schuman to discuss SCORE's services to support small business facing economic difficulties. B. Public petition request by Todd Strausbaugh to discuss stormwater management system requirements at 20 Pelican Street East. C. Public petition request by Barry Goldmeier to discuss impact fee deferral for affordable apartment development in Immokalee. D. Public petition request by Edward Bakay to discuss unsafe vehicular traffic on Frangipani Avenue and Dove Tree. E. Public petition request by William McDonough, Esq. to discuss the Palm River Estates Unit NO.5 North/South Stormwater Improvements. (This item to be heard in conjunction with Item lOB.) Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that anyone who wishes to participate shall be sworn in. ZLTRA-2009-AR-14174 Mario Castenada represented by Dwight Nadeau of RWA, Inc., is requesting an appeal ofZLTR-2008-AR-13025. The applicant proposed to open a retail clothing store in the Mir Mar PUD (Ordinance No. 98-72) but the Directors found the use was not allowable per the Golden Gate Area Master Plan and the Mir Mar PUD. The subject property is located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. April 14, 2009 Page 4 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. B. Appointment of member to the Parks and Recreation Advisory Board. C. Appointment of members to the Contractors Licensing Board. D. Discussion regarding the recommendation of the Productivity Committee that the Board of County Commissioners explore Charter Government to achieve significant cost-savings through the consolidation of major functions (Commissioner Coyle). 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners (BCC) direct staff on the preferred process to be used to administratively extend the sunsetting date for all PUDs that have sunsetted or that are approaching its established sunsetting date. (Joseph K. Schmitt, Administrator, CDES) B. Recommendation to award Bid #09-5199 including Alternate No. 1 for construction of Palm River Estates Unit 5 N-S Stormwater Improvements, Project No. 510301, to Stahlman - England Irrigation, Inc. in the amount of $348,269.11 plus a ten percent contingency and approve necessary budget amendment. (Jerry Kurtz, Principal Project Manager) C. This item to be heard at 11 :30 a.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., RealtyNet Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The Developers) and Collier County to fund construction improvements to the intersection of US-41 and SR/CR -951. (Nick Casalanguida, Transportation Planning Manager) April 14, 2009 Page 5 D. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve budget amendments associated with proposed midyear FY 2009 budget reductions totaling $7,235,800 within the General Fund (001) due to anticipated reductions in actual property tax receipts, state shared revenues and sales tax revenue. E. Recommendation to approve the Report and Recommendations of the Productivity Committee relating to their study and evaluation of the methodology, reasonableness, and competitiveness of the invoices received from the Clerk. (Len Price, Administrative Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, APRIL 14,2009, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS April 14, 2009 Page 6 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 Players Cove. 2) To accept final and unconditional conveyance of the water and utility facility for Alden Woods. 3) Recommendation to approve final acceptance of the water and sewer utility facility for Moorgate Point. 4) To accept final and unconditional conveyance of the water utility facility for Omni II. 5) To accept final and unconditional conveyance of the water utility facility for Millers Alehouse at The Promenade at Naples Centre. 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bristol Pines, Phase I with the roadway and drainage improvements being privately maintained. 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bellagio at Fiddlers Creek with the roadway and drainage improvements being privately maintained. 8) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearine: be held on this item, all April 14, 2009 Page 7 participants are reQuired to be sworn. Recommendation to approve for recording the final plat of Alligator Alley Commerce Center Phase Two. 9) Recommendation that the Board of County Commissioners (Board) approve a Stormwater Management Release statement to fulfill a requirement of the Youth Haven SDP approval. 10) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearine: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Cortile at Mediterra Parcel 118 Replat. 11) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearine: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve for recording the final plat of Heritage Bay, Lions Bay Court Replat. 12) Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Boards Rules and Regulations. 13) Recommendation to accept a proposed settlement offer providing for Compromise and Release of Lien in the Code Enforcement Action relating to property located at 2946 45th Avenue NE, Collier County, Florida. B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement for the purchase ofa Road Right-of-Way, Drainage and Utility Easement (Parcel 1626RDUE) required for the Vanderbilt Beach Road Extension Project. (Project No. 60168 - Phase II.) Estimated Fiscal Impact: $8,600.00. 2) Recommendation that the Board of Collier County Commissioners approve award of Bid #09-5161, Purchase and Delivery of Metal and Polyethylene Pipe to Ferguson Waterworks, Coast Pump and Supply April 14, 2009 Page 8 Co., Contech Construction Products, Inc., HD Supply Waterworks Inc. and Metal Culverts, Inc. for an estimated annual expenditure of $50,000. 3) Recommendation to recognize and accept revenue for Collier Area Transit in the amount of $23,900.00 and to approve needed budget amendments. 4) Recommendation to approve a budget amendment in the amount of $57,349.72 for Traffic Accident Reimbursements, project #60076.1, and to recognize revenues for future repairs. 5) Recommendation that the Board of County Commissioners reject Bid #09-5218 Golden Gate Overpass (Bears Paw Trail to Livingston Road) Landscape Maintenance. 6) Recommendation to award Bid #09-5089 "Lely Golf Estates MSTU Roadway Grounds Maintenance" to Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance, Inc. in the estimated annual amount of $75,233.00. 7) Recommendation to award Bid #09-5189 Forest Lakes MSTU Projects F45/F50 Drainage Swale Repair & Restoration to Earth Tech Enterprises, Inc. in the amount of$122,450.00 8) Recommendation to approve the purchase of 5 acres of unimproved property which is required for the construction of a stormwater retention and treatment pond for Phase II of the Vanderbilt Beach Road Extension Project. ($150,950) 9) Recommendation to Award Bid #09-5185 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. 10) Recommendation that the Board of Collier County Commisioners approve award of Bid #09-5173, Landcare Services for Road and Bridge to Caribbean Lawn & Garden of SW Naples FL, Inc. and M&B Lawn Maintenance Services, Inc. for an estimated annual expenditure of $300,000. April 14, 2009 Page 9 11) Request for authorization for staff to bring to the Board a proposed amendment to Ordinance No. 92-40, as amended, which created the Immokalee Beautification Municipal Service Taxing Unit, to expand the boundaries to match the urban boundary within current Immokalee Community Redevelopment Agency (ICRA) boundaries. 12) Recommendation for the Board of County Commissioners to approve expenditures for capital improvements within the Naples Production Park and Pine Ridge Industrial Park Municipal Service Taxing Units (MSTUs). 13) Recommendation to approve Amendment to February 24,2009, Memorandum of Agreement between Florida Department of Environmental Protection (FDEP), through its Office of Coastal and Aquatic Managed Areas (CAMA), and Collier County; and to approve an initial work order for $299,012.00 on a project to not exceed $500,000.00 in available grant funds to be reimbursed to the County by FDEP to make hydrologic restoration improvements on Shell Island Road. C. PUBLIC UTILITIES 1) Recommendation to approve a Work Order under Contract #07-4088 Trenchless Sewer System Rehabilitation Contracting Services in the amount of $692,225.00 to Miller Pipeline Corporation to complete the rehabilitation of the sewer lines in North Naples (Area 1-4); Project #73050. 2) Recommendation that the Board of County Commissioners approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant, School Beverage Container Recycling Challenge Program grant agreement IG8-07, from the Florida Department of Environmental Protection (Grant Agreement) to recognize the signature of the current Chairman of the Collier County Board of County Commissioners (BCC). 3) Recommendation that the Board of County Commissioners approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant, Collier County Seasonal and Year Round Business How to Recycle Videos grant agreement IG8-09, from the Florida April 14, 2009 Page 10 Department of Environmental Protection to recognize the signature of the current Chairman of the Collier County Board of County Commissioners (BCC). 4) Recommendation to approve a Resolution of the Board of County Commissioners, expressing opposition to proposed Florida House Bill 5121, which would impose a new solid waste disposal "tipping fee" of $1.25 per ton on any owner of a permitted solid waste facility for solid waste disposed at the disposal site. D. PUBLIC SERVICES 1) Recommendation for the Board of County Commissioners to accept funding from South Florida Water Management District (SFWMD) in the amount of $20,000.00 for the Florida Yards & Neighborhood Program managed by the Collier County University of Florida/IF AS Extension Department, and approve a budget amendment in the amount of $20,000.00. 2) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, five (5) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. 3) Recommendation to authorize acceptance of the conveyance of a Sovereignty Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Collier Boulevard Boating Park at a total cost not to exceed $129.00, Project #800711. 4) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #08DB-D3-09-21-01-A03 between the Florida Department of Community Affairs (DCA) and Collier County for hurricane hardening projects. 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, eight (8) owner-occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier April 14, 2009 Page 11 County. 6) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 7) Recommend that the Board of County Commissioners approve and authorize the Chairman to sign an Interlocal Agreement for Beach Maintenance between Collier County, the City of Marco Island, and Hideaway Beach District. 8) Recommendation that the Board of County Commissioners award bid #09-5221, Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc. in the amount of$344,259.00 to provide replacement homes using Disaster Recovery Initiative funds to four (4) citizens whose homes were severely damaged as a result of Hurricane Wilma. 9) Recommendation for the Board of County Commissioners to award RFP No. 08-5128 for the provision of Pharmacy Services for the Social Services Program to Sunshine Pharmacy, Inc. and Collier Health Services. 10) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a modification to Disaster Recovery Grant Initiative Agreement #07DB-3V-09-21-01-Z01 between the Florida Department of Community Affairs (DCA) and Collier County for hurricane hardening projects delayed due to permitting issues. This modification will update work schedules on file with the DCA for each project with this grant. 11) Recommendation for the Board of County Commissioners to approve the award of Bid #09-5163 to the lowest qualified and responsive bidder Professional Building Systems, for the construction contract of the Conner Park parking lot Expansion Project #90039.1 for $180,419.00. April 14, 2009 Page 12 E. ADMINISTRATIVE SERVICES 1) Recommendation that the BCC recognize the receipt of$I1.89 from Nationwide Retirement Solutions and authorize the Human Resources Department to accept future similar settlement checks. 2) Recommendation that the Board of County Commissioners adopt a resolution supporting the creation of a specialty license plate that would recognize the contributions of West Point graduates and enlighten others with an awareness of the educational and career opportunities that West Point offers. 3) Recommendation to approve the Milano Preserve Final Management Plan under the Conservation Collier Land Acquisition Program 4) Recommendation to approve a Resolution authorizing the Chairman of the Board of Collier County Commissioners (BCC) to execute a Statutory Deed for the conveyance of County-owned property (mobile home sites) within the Bayshore/Gateway Community Redevelopment area to the Collier County Community Redevelopment Agency (CRA); and waive any code enforcement penalties levied against the property that are not associated with costs incurred by the County Code Enforcement Department to abate the violations: Site Address 3155 & 3175 Karen Drive. (Companion to Item 16G5) 5) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 6) Correct Scrivener's Error in Purchasing Policy regarding the hiring of legal experts and consultants pertaining to on-going litigation. F. COUNTY MANAGER 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 2) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of a Seminole Indian Gaming Compact which includes a revenue sharing agreement April 14, 2009 Page 13 with affected local governments that would provide five (5) percent of casino revenues directly to affected local governments to offset impacts to infrastructure. 3) For the Board of County Commissioners to approve the submittal of a Grant Application to Visit Florida in the amount of $5,000 to offset some of the cost of a Cultural Arts brochure for Collier County and authorize the Tourism Director to sign the grant application. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommend the Collier County Community Redevelopment Agency Board review and approve the Bayshore Gateway Triangle CRA Goals and Obj ectives for 2009. 2) Recommendation that the Board of Collier County Commissioners acting as the governing body of the Bayshore Beautification Municipal Services Taxing Unit (MSTU) approve a Resolution accepting the donation of plant materials from American Farms for the beautification of public right-of-ways within the Bayshore Beautification Municipal Service Taxing Unit Area. 3) Request that the Collier County Redevelopment Agency Board approve the attached Commitment of Funds Agreement for the reimbursement of $300,000.00 for infrastructure development costs to Florida Non Profit Services, Inc. for the rental housing portion (176 rental units) of the affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. 4) Request that the Collier County Redevelopment Agency Board approve the attached Commitment of Funds Agreement for the reimbursement of $300,000.00 for infrastructure development costs to Empowerment Alliance of Southwest Florida Community Development Corporation for the homeownership portion (62 owner occupied units) of the affordable housing project known as Esperanza Place, located in the Immokalee Community Redevelopment Area at 2702 Immokalee Drive, Immokalee. April 14, 2009 Page 14 5) Recommendation that the Community Redevelopment Agency (CRA) accept the conveyance of County-owned property (mobile home sites) within the boundaries of the Bayshore/Gateway Triangle Redevelopment area to enact the residential infill provision of the CRAs Master Redevelopment Plan; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site address 3155 & 3175 Karen Drive. (Companion to Item 16E4) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended an Event Honoring Jonathan Green on March 23,2009 at the Naples Bay Resort Yacht Club in Naples, FL. $50.00 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. Attended the Know Your County Government Luncheon on March 24,2009 at the East Naples United Methodist Church in Naples, FL. $10.00 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 Junior Deputies Barbeque on April 18, 2009 at the East Naples United Methodist Church in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Project Innovation Initiatives luncheon meeting on Wednesday, March 18,2009 at the Economic Development Council (EDC) office in Naples, Florida $6.00 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. April 14, 2009 Page 15 Attended the Annual Meeting of the Everglades Society for Historic Preservation on Tuesday, March 3, 2009, at the Seafood Depot in Everglades City, Florida. $12.49 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the celebration of The Gordon River Greenway on Wednesday, April 8, 2009, at The Plaza on Third Street South in Naples, Florida. $50.00 to be paid from Commissioner Halas' travel budget. 7) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the 2009 Gala & Auction for the Foundation for the Developmentally Disabled on Saturday, February 21,2009, at the Naples Beach Hotel & Golf Club in Naples, Florida. $125.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 14,2009 through March 20, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 21, 2009 through March 27, 2009 and for submission into the official records of the Board. 3) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. 4) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for the United States Department of Justice (DOJ), Office of Justice Programs', Bureau of Justice Assistance (BJA), American Recovery April 14, 2009 Page 16 and Reinvestment Act of 2009 (The "Recovery Act") Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the grant when awarded, approve applicable budget amendments, and approve the Collier County Sheriffs Office to receive and expend the $547,316 payment of Recovery Act JAG Grant Funds. 5) Recommendation that the Board of County Commissioners of Collier County approve a Budget Amendment 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. 6) To obtain Board approval for disbursements for the period of March 28,2009 through April 3, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of $154,900 for Parcels 110 & 710 in the lawsuit styled Collier County v. Regions Bank, et aI., Case No. 07-3641-CA (Collier Boulevard Project #60001). (Fiscal Impact $ .00.) 2) Recommendation to approve a Stipulated Final Judgment in the amount of$75,000 for Parcels 123 and 823 in the lawsuit styled Collier County v. John J. Yaklich, et. aI., Case No. 03-2259-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $115,825.) 3) The Office of the County Attorney submits for the Boards review Jerry Blocker and Kimberlea Blockers Offer of Judgment in Case No. 08-9355-CA, pending in the Twentieth Judicial Circuit in and for Collier County. The County Attorney recommends that the Board take no action on this Offer. 4) Recommendation that the Board of County Commissioners accepts a Settlement Offer in the sum of$840,125.04, and authorize the Chairman to execute a Settlement Agreement, Release and Satisfaction, a Release of Lis Pendens, and a Conveyance of Contract Rights with and to LEHMAN HOUSING TAX CREDIT FUND VII, L.P., that settles in full the litigation styled as Board of County April 14, 2009 Page 17 Commissioners v. CEI/Kensington, et al. 08-07625-CA, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, direct all the documents to be recorded in the Official Records of Collier County, Florida, and direct the County Attorney to take whatever additional action is necessary to implement this Settlement. 5) Request that the Board of County Commissioners review and approve the County Attorneys recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch. 112, Florida Statutes. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WmCH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires ex parte disclosure be provided by Commission Members. Should a hearine: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve Petition A VESMT- 2008-AR-14016, Fiddlers Creek Phase 4, Unit 2, to disclaim, renounce and vacate the Countys and the Publics interest in two 15-foot wide drainage easements along the lot lines of Lots 7 & 8 and Lots 13 & 14 in Block A, of Fiddlers Creek Phase Four, Unit Two as filed in Plat Book 45, Pages 40-47 of the Public Records of Collier County, Florida, being more specifically depicted and described in Exhibit A and to accept three replacement drainage easement areas over Lots 6 & 7 and 14 & 15 and Lot 22, Block A as shown on Exhibit B, all being situated in Section 11 and 14, Township 51 South, Range 26 East, Collier County, Florida. April 14, 2009 Page 18 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2008-AR-13664 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting three (3) sign variances. The first sign variance is from Land Development Code (LDC) Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 32 +/1 square foot off-premise sign. The second variance is from LDC Subsection 5.06.04 C.16.b.v. which requires a sign to be located wi thin 1,000 lineal feet of the intersection of the road serving the use to allow greater distances of up to 6,000 lineal feet for up to 10 uses. The third sign variance is from LDC Subsection 5.06.04 C.16.c which requires a sign to be located to no closer than 50 feet from a residentially zoned district to allow a lesser distance of 23 feet. The subject property is located on the north side of U.S. 41 in Section 9, Township 52 South, Range 28 East, Collier County, Florida. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2008-AR-13665 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from LDC Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (CTS) D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2008-AR-13960 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Subsection 5.06.04 C.16.b.i., which allows a maximum sign area of 12 square feet, to allow an 18-square foot off-premise sign at the Port of the Islands in the median of Cays Drive (south ofU. S. 41) 18 S.F. in area with sign copy and logo designation the Port of the Islands Cays Drive. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U. S. 41) and Cays Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. (CTS) April 14, 2009 Page 19 E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 200S-09 Adopted Budget. F. Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), by eliminating term limits and the restrictions on simultaneous service on more than two County Boards, and in addition, deleting the provision entitled "Review of Boards" in its entirety. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. April 14, 2009 Page 20 April 14, 2009 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chairman, Commissioners, you have a hot mike. CHAIRMAN FIALA: Thank you very much. And with that, as we start our meeting, we'd like to have an invocation said by our county manager, Jim Mudd, followed by the Pledge of Allegiance, which will -- and we'll be led in the pledge by Commissioner Jim Coletta. Please stand with me. MR. MUDD: Commissioners, if you'd -- we're going to say two prayers today, the first is, let us pray, our Heavenly Father. We ask your blessings on 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. And the second prayer today is, ladies and gentlemen, in your prayers, please remember Stanley Hall, a man deeply and always concerned about his community. His untimely passing this week leaves a rather large hole for this community. He was a man of constant encouragement. We shall miss him. Lord, may you keep his family in the palm of your hands during this time of need. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you all for being here. I hope you're all going to stay for the entire meeting because we like an audience. So close the doors, bar the doors. And as we prepare to approve this consent agenda, 1'd like to bring to your attention two resolutions addressing legislation proposed in the Florida legislature that impacts the citizens of Collier County. Page 2 April 14, 2009 First, the board is opposing House Bill Number 5121, which represents an unfunded mandate in the form of a solid waste disposal fee, garbage collection, just so that's it's said more clearly, of $1.25 per ton which will be passed on to the residents and businesses of Collier County. And as I said, we oppose that. At $1.25 per ton, this means $350,000 in additional taxes will be imposed on customers in Collier County, and that money will now go to the state's general fund. This is not just a new fee. This is a tax imposed on local governments for providing an essential government service. This would be like taxing local government for providing fire and police services. Just does not make any sense. Secondly, the board is approving support for a Seminole Indian gaming compact which includes a revenue sharing agreement with affected local governments that would provide 5 percent of casino revenues directly to affected local governments to offset impacts to infrastructure. This provision is not included in the two bills currently under consideration in the Florida legislature. So I just wanted you to know that these are issues that we are addressing, just so that everybody in our community is aware. And with that, 1'd like to move on to Jim Mudd. Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. MUDD: Agenda changes, Board of County Commissioners' meeting, April 14, 2009. Add Item 5C. It's a quarterly presentation by Sheriff Kevin Rambosk, and this request add-on was at the County Manager's Office request. The next item is 12A, continued to May 12, 2009, BCC meeting. Page 3 April 14, 2009 This item to be heard at 12 noon. Notice hereby given that pursuant to Section 286.011 (8), Florida Statutes, the county attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, April 14, 2009, at a time certain of 12 noon in the commissioners' conference room, third floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to board members, County Manager Jim Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr., Esquire, will be in attendance. The board, in executive session, will discuss settlement negotiations in the pending litigation case of the Board of County Commissioners versus Dwight E. Brock, Clerk of Courts, case number 07 -1 056-CA, now pending in the 20th Judicial Circuit in and for Collier County, Florida. This request to continue this particular item until May 12, 2009 is at Commissioner Fiala's request. The next item is Item 12B, continued to May 12,2009, BCC meeting. This item to be heard at one p.m., and that's normally the companion after a shade session, for the Board of County Commissioners to provide direction to the county attorney regarding strategy related to settlement negotiations in the pending litigation case, the Board of County Commissioners versus Dwight E. Brock, Clerk of Courts, case number 07-1056-CA, now pending in the 20th Judicial Circuit in and for Collier County, Florida. Again, this request to continue this particular item until May 12, 2009, is at the chairman's request. The next item is to continue Item 16A 12 to May 12, 2009, BCC meeting. It's a recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Board's rules and regulations. That continuation is at Page 4 April 14, 2009 staff s request. The next item is 16B5. In the executive summary under considerations, the eighth line, the word too spelled too should be spelled to. That correction is at Commissioner Fiala's request. The next item is 16D4. In the executive summary, second paragraph, under considerations it states: Timing of the DR! funding availability could not accommodate the construction schedule for the transitional housing project. The SA WCC has completed this project with other funding for these activities, and the project no longer requires DR! funding. The sub-recipient agreement for this project approved by the board on June 24, 2008, Item 16D23, is hereby canceled. That clarification's at staffs request. The next item is to withdraw Item 16D8. It's a recommendation that the Board of County Commissioners award bid number 09-5221, Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc., in the amount of $344,259 to provide replacement homes during -- after recovery initiative -- excuse me -- to provide replacement homes using disaster recovery initiative funds to four citizens whose homes were severely damaged as a result of Hurricane Wilma. That withdrawal's at staffs request. The next item is to move Item 16K5 to 12C. It's a request that the Board of County Commissioners review and approve the county attorney's recommendation to waive any potential ethics conflict for a Parks and Recreational Advisory Board member based on Chapter 112, Florida Statutes. This item is being moved at Commissioner Coyle's request. There's a note. At the March 28, 2009, BCC meeting, the board authorized the chair to send a letter to the South Water -- the South Florida Water Management District requesting that a representative make a presentation to the board at the April 14, 2009, meeting, regarding the status of their efforts to secure an A TV site. Page 5 April 14, 2009 The South Florida Water Management District officials have informed staff that they are compiling information to offer a more comprehensive status update and have asked to make a presentation at the May 12, 2009, board meeting. So we haven't forgot your direction to staff, and we've have made coordination. And I believe that they'll come forward and we'll have something that's coherent when they give their presentation. We have some time certain items today, Commissioners, Madam Chair. First is Item 10C to be heard at 11 :30 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's a recommendation to approve a developer's contribution agreement between Kite Eagle Creek II, LLC; KRG Eagle Creek IV, LLC; KRG 951 and 41, LLC; ABC Liquors, Inc.; Realty Net Real Estate, LLC; and Habitat for Humanity of Collier County, Inc., the developers; and Collier County, to fund construction improvements to the intersection of U.S. 41 and State Road/County Road 951. The last item I have on my list is Item 10D to be heard at 10:30 a.m. It's a recommendation that the Board of County Commissioners approve budget amendments associated with proposed mid-year FY2009 budget reductions totaling $7,235,800 within the general fund, which is fund 001, due to anticipated reductions in actual property tax receipts, state shared revenues, and sales tax revenues. That's all I have to say, Madam Chair. CHAIRMAN FIALA: Thank you, Mr. Mudd. County Attorney, do you have any additions, corrections, or advice? MR. KLATZKOW: Nothing today, ma'am. CHAIRMAN FIALA: All right, fine. Commissioner Coyle, anything to declare on the -- as ex parte on the consent or summary or any additions or corrections? COMMISSIONER COYLE: No, no additions or corrections toD Page 6 April 14, 2009 the agenda, no disclosures for the consent agenda, and for the summary agenda, with respect to items B, C, and D, I have correspondence, which is included in my packet. And if I could just make one comment concerning some introductory remarks you made and encourage the listeners and the people present to, perhaps, take action. The reason that the agreement with the Seminole Indian Casino provides for funding for local governments is that local government is responsible for providing infrastructure and building the roads and everything else to accommodate additional traffic which is caused by casinos. That's why the agreement was written the way it was written so that we would have funds to do that. If we don't have the funds to develop the appropriate infrastructure, it is going to affect all of you because we won't have enough funds to maintain our infrastructure in Collier County. So if you're at all concerned about that, you need to contact our state legislators and tell them not to take that money away from us because that's what they plan to do. They're going to take that money and use it in Tallahassee, not here in Collier County. So it's very, very important. That's all I have to say. CHAIRMAN FIALA: Thank you very much for clearing that up. I really appreciate that. Commissioner Halas? COMMISSIONER HALAS: Good morning, Madam Chair. I have nothing to come forward with as far as ex parte on the consent agenda nor the summary agenda, and I don't have any addition or deletions from today's agenda. And 1'd also like to comment that this charge for a $1.25 per ton may not sound like a lot. But instead of the people up in Tallahassee doing the right thing and figuring out what really needs to be done with a fair and equitable tax system in the State of Florida, which they obviously did not address last year Page 7 April 14, 2009 when we had the Taxation and Budget Reform Committee together, now they want to get involved in regards to corning down here and taking away our home rule and basically transferring the funds from local government, taking that and addressing their shortcomings at the state budget. So I would hope that, again, as Commissioner Coy Ie said, that you would address this issue with our elected representatives that represent us in Tallahassee. Thank you. CHAIRMAN FIALA: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I have nothing to declare as far as the consent agenda goes or the summary agenda, and I have no changes to the agenda. Thank you, ma'am. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: No changes on -- no ex parte on today's consent or summary. I would like to move 16E5 and 16B13 to the regular agenda. MR. MUDD: They would be items 16 -- oh, excuse me -- would be 10F and lOG. CHAIRMAN FIALA: And that's 16 -- say them again, 16A5. COMMISSIONER HENNING: E5, Edward. CHAIRMAN FIALA: 16E and 16 -- COMMISSIONER HENNING: 16 Baker 13. CHAIRMAN FIALA: Thank you very much. COMMISSIONER HENNING: I'm assuming the county manager didn't have time to go over some of these things on the consent. CHAIRMAN FIALA: Okay. I thank you. And I have nothing to declare on the consent or the summary Page 8 April 14, 2009 agenda, no changes or additions to the agenda. And with that, I ask for a motion to approve the agenda. COMMISSIONER COLETTA: So moved -- COMMISSIONER HALAS: Second. CHAIRMAN FIALA: -- as corrected. Thank you. I have a move by Commissioner Coletta, second by Commissioner Henning -- or, I'm sorry, Halas. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. Commissioner Henning, could you tell us why you opposed that? COMMISSIONER HENNING: Yeah. There was a proposed settlement agreement that's not being accepted by the Board of Commissioners. CHAIRMAN FIALA: Okay, thank you. And then do I hear a motion to approve -- COMMISSIONER COYLE: So moved. COMMISSIONER HALAS: Second. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 14. 2009 Add Item 5C: Quarterly presentation from Sheriff Kevin Rambosk. (County Manager's Office request.) Item 12A continued to the May 12. 2009 BCC meetin!:l: This item to be heard at 12:00 Noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on Tuesday, April 14, 2009, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, Litigation Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp, Jr., Esq., will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Fiala's request.) Item 12B continued to the May 12. 2009 BCC meetin!:l: This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. (Commissioner Fiala's request.) Continue Item 16A12 to the May 12. 2009 BCC meetin!:l: Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Board's Rules and Regulations. (Staff's request.) Item 16B5: In the executive summary under Considerations, the 8th line, the word "too" should be "to". (Commissioner Fiala's request.) Item 16D4: In the executive summary, 2nd paragraph under Considerations it states: "Timing of the DRI funding availability could not accommodate the construction schedule for the Transitional Housing Project. The SAWCC has completed this project with other funding for these activities, and the project no longer requires DRI funding". The subrecipient agreement for this project approved by the Board on June 24, 2008, Item 16D23, is hereby cancelled. (Staff's request.) Withdraw Item 16D8: Recommendation that the Board of County Commissioners award bid #09-5221, Modular Homes for Housing and Human Services Department, to Idyll Construction, Inc. in the amount of $344,259 to provide replacement homes using Disaster Recovery Initiative funds to four (4) citizens whose homes were severely damaged as a result of Hurricane Wilma. (Staff's request.) Move 16K5 to 12C: Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch. 112, Florida Statutes. (Commissioner Coyle's request.) NOTE: At the March 28, 2009 BCC meeting, the Board authorized the Chair to send a letter to the South Florida Water Management District (SFWMD) requesting that a representative make a presentation to the Board at the April 14, 2009 meeting regarding the status of their efforts to secure an ATV site. SFWMD officials have informed staff that they are compiling information to offer a more comprehensive status update, and have asked to make a presentation at the May 12, 2009 Board meeting. Time Certain Items: Item 10C to be heard at 11:30 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., Realty Net Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The Developers) and Collier County to fund construction improvements to the intersection of US-41 and SRlCR-951. Item 10D to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners approve budget amendments associated with proposed mid-year FY 2009 budget reductions totaling $7,235,800 within the General Fund (001) due to anticipated reductions in actual property tax receipts, state shared revenues and sales tax revenue. 4/14/20098:38 AM April 14, 2009 Item #2A and #2B MINUTES FROM MARCH 10, 2009, REGULAR BCC MEETING; AND MARCH 11, 2009, DISTRICT 1 TOWN HALL MEETING - APPROVED CHAIRMAN FIALA: -- the March 10th and March 11 th regular meeting minutes and town hall meeting minutes? I already 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: Thank you, 5-0. Item #3A SERVICE AWARDS - 5 YEAR RECIPIENTS: RUSSELL BERGHUIS AND TONY MARINO; AND 10 YEAR RECIPIENTS: ROSS OBLEY, JOHN AGNELLI, BARBARA MINCH- ROSENBERG. AND ALICE CARLSON - PRESENTED MR. MUDD: And we go on to our service awards. This is just such a fun time of our meeting. And the first awards are: MR. MUDD: The first awardee -- and this has to do with advisory committee service members, and your advisory service advisory boards folks that volunteer their time are extremely important to Collier County. Page 10 April 14, 2009 And we'll start with the five-year recipients. The first recipient is Russell Burghuis -- CHAIRMAN FIALA: Burghuis. MR. MUDD: -- for five years on the Public Vehicle Advisory Committee. Sir, if you could please corne forward. (No response.) CHAIRMAN FIALA: Okay. MR. MUDD: Okay. The next -- the next five-year recipient is Tony Marino, and he, too, has done five years on the Public Vehicle Advisory Committee. (No response.) CHAIRMAN FIALA: Okay. That was pretty quick. MR. MUDD: Then we're going to do the ten-years, okay. COMMISSIONER COYLE: They probably couldn't find a taxi. MR. MUDD: The -- we'll do the ten-year awardees. The first is Ross P. Obley. He's done ten years on the Educational Facilities Authority. Mr. Obley? (Applause.) CHAIRMAN FIALA: Ross, I think this is the ten-year. MR. OBLEY: Thank you. COMMISSIONER COYLE: Hi. Good to see you again. MR. OBLEY: Thank you. MR. MUDD: Now we get a picture. COMMISSIONER COLETTA: This is where we-- MR.OBLEY: Thank you. Thank you all. (Applause.) CHAIRMAN FIALA: Thank you. MR. MUDD: The next ten-year recipient is John Agnelli. Again, he's done ten years on the Educational Facilities Authority. Mr. Agnelli? MR. AGNELLI: Good to see you. MR. MUDD: Good to see you. Page 11 April 14, 2009 MR. AGNELLI: Thank you. COMMISSIONER COLETTA: Thank you. COMMISSIONER HENNING: Thank you for your service. CHAIRMAN FIALA: Hi. Let me give you this. COMMISSIONER HALAS: Thank you, sir. COMMISSIONER COYLE: Thank you, John. MR. AGNELLI: Thank you. CHAIRMAN FIALA: Thank you. MR. AGNELLI: Thank you. (Applause.) CHAIRMAN FIALA: Thank you. MR. MUDD: The next ten-year recipient is Barbara Minch-Rosenberg. She has done ten years on the Educational Facilities Authority. Ms. Rosenberg? (No response.) COMMISSIONER COLETTA: She'll be here for her 20. MR. MUDD: Okay. And then we have one more, last but not least. A ten-year recipient, again, for the Educational Facilities Authority, and that's Ms. Alice 1. Carlson. (No response.) CHAIRMAN FIALA: Okay. PROCLAMATIONS (ONE MOTION TAKEN TO APPROVE ALL OF THE PROCLAMATIONS - ADOPTED) (VOTE TAKEN LATER IN THE MEETING DURING ITEM #10A Item #4A PROCLAMATION - DESIGNATING APRIL 22, 2009 AS EARTH DAY IN COLLIER COUNTY - ADOPTED MR. MUDD: That completes our advisory board presentations. Page 12 April 14, 2009 That brings us to the proclamations section of your agenda. COMMISSIONER HENNING: Madam Chair, I move to approve Item 4 on our agenda, proclamations, and then we'll take some pictures and sing some praises. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: I'll second that. CHAIRMAN FIALA: Okay. So I have a motion to approve all of the proclamations, that's Item 4A, B, C, D, E, F, G; is that correct, Commissioner Henning? COMMISSIONER HENNING: That's correct. CHAIRMAN FIALA: And a second on that. And so I ask all of those people who are to receive a proclamation to please corne forward. We have those proclamations here. And we'd like to present them to you, and we'll take pictures. Item 4A was Earth Day with Dan Rodriguez and the solid waste guys. MR. MUDD: And I'll read it -- I'll read it for you, ma'am. It's proclamation designating April 22, 2009, as Earth Day in Collier County, to be accepted by Dan Rodriguez, solid waste director; Joe Bellone, revenue services manager, utility billing and customer service; and Ray Smith, pollution control director. COMMISSIONER HENNING: Hey, good to see. CHAIRMAN FIALA: You can't all cluster at that side. You have to move over. Thank you. (Applause.) CHAIRMAN FIALA: Thank you all. We love your artwork. COMMISSIONER HENNING: Good to see you again. Good to see you. CHAIRMAN FIALA: Good luck. Item #4B Page 13 April 14, 2009 PROCLAMATION DESIGNATING APRIL 22, 2009 AS CONSERVANCY OF SOUTHWEST FLORIDA GREEN CAMPUS DAY - ADOPTED MR. MUDD: The next proclamation is B, 4B. It's a proclamation designating April 22, 2009, as Conservancy of Southwest Florida Green Campus Day, to be accepted by Keith Callaghan, development director of Conservancy of Southwest Florida. (Applause.) COMMISSIONER HALAS: Hi, Keith. COMMISSIONER COYLE: Keith. MR. CALLAGHAN: Thank you. (Applause.) Item #4C PROCLAMATION ENCOURAGING EACH AND EVERY COLLIER COUNTY PARENT AND ADULT TO BE CALLED UPON TO BE THE WALL BETWEEN THEIR TEEN AND ALCOHOL - ADOPTED MR. MUDD: The next proclamation is 4C. It's a proclamation encouraging each and every Collier County parent and adult to be called upon to "Be the Wall" between their teen and alcohol; to be clear, be firm, and be consistent when talking about alcohol, to be accepted by Marla Ramsey, Helen Athan, thank you, and Maribel De Armas on behalf of the Drug Free Collier effort. (Applause.) CHAIRMAN FIALA: I remember you when you were a little girl. Oh, my goodness. Page 14 April 14, 2009 COMMISSIONER HENNING: And you're all grown up now. COMMISSIONER COLETTA: Thank you very much. CHAIRMAN FIALA: Thank you for all you're doing for our community. COMMISSIONER HENNING: Thank you. COMMISSIONER COYLE: It wasn't me. I didn't have it for you. Who has it? Commissioner Henning has it. COMMISSIONER HENNING: Oh, sorry about that. Which one is this C? A? Item #4D PROCLAMATION DESIGNATING APRIL, 2009 AS SEXUAL ASSAULT AWARENESS MONTH - ADOPTED MR. MUDD: The next proclamation is 4D. It's a proclamation designating April 2009 as Sexual Assault Awareness Month, to be accepted by Dana MacMillen, director of the advocacy; Gissa Infante, advocate/prevention educator; and Shaina Hicks, the legal advocate/counselor. (Applause.) MR. MUDD: Get centered on that picture, ladies. If you don't do that, then the dais tilts. (Applause.) CHAIRMAN FIALA: Thank you. Thank you for all you do. COMMISSIONER HENNING: Thank you. MR. MUDD: Again, that was proclamation 4D. Did they get a copy. They got it? Good. Item #4E PROCLAMATION DESIGNATING APRIL 12,2009 THROUGH Page 15 April 14, 2009 APRIL 18,2009 AS COLLIER COUNTY ANIMAL CONTROL OFFICER'S WEEK - ADOPTED MR. MUDD: The next proclamation is 4E. It's a proclamation designated April 12, 2009, through April 18, 2009, as Collier County Animal Control Officers Week. To be accepted by Amanda Townsend, DAS director, and Collier County Animal Control officers. (Applause.) COMMISSIONER COLETTA: Thank you for what you're doing. CHAIRMAN FIALA: Hi, again. How are you? Good to see you agaIn. (Applause.) Item #4 F PROCLAMATION DESIGNATING APRIL 19,2009 THROUGH APRIL 25,2009 AS NATIONAL VOLUNTEER WEEK IN COLLIER COUNTY - ADOPTED MR. MUDD: The next proclamation is 4F. It's a proclamation designating April 19, 2009, through April 25, 2009, as National Volunteer Week in Collier County, to be accepted by Brian Kelly, RSVP project director; the volunteer coordinators of the public services division and their volunteers. Ladies and gentlemen, please corne forward. (Applause.) CHAIRMAN FIALA: The volunteers are the backbone of our community, that's what they are. Now remember, nobody's allowed to leave, right? Everybody understands that. Folks, as you're looking at these folks, you're looking at the backbone of our community. So after -- after we award them, I want to Page 16 April 14, 2009 tell you, give them a big hand, and then Marcy is going to say a few words, I believe. COMMISSIONER COLETTA: Gentlemen, why don't you stand in the back here so we can get everybody in the picture. Taller people in the back and we can get everybody in. There you go. Keep movIng across. (Applause.) CHAIRMAN FIALA: Thank you so much. COMMISSIONER HENNING: Thanks for your service. CHAIRMAN FIALA: I wasn't kidding about the backbone of our community. MR. MUDD: You have a speaker that wants to talk on that, ma'am. MR. KELLY: Madam Chairman, for the record, I'm Brian Kelly of the housing and human services department and the retired and senior volunteer program project director. Madam Chairman, Commissioners, county deputy managers and staff, it's really an honor to accept this proclamation for National Volunteer Week on behalf of all the volunteers and departments in which they serve for Collier County Government. After 30 years of volunteering at another part of the country, I can say that I have never seen volunteering on such a scale as we have in Collier County. The numbers in the proclamation are very impressive; 2,238 volunteers serving Collier County; 153,195 hours served last year, amounting to a savings for the county of $3,059,707. Very impressive numbers. And pound for pound, Collier County is a volunteering powerhouse. But behind these numbers are people reaching out to help others and making a difference in their lives every day, right where they are. The public services division, under the direction of Administrator Marla Ramsey, is home to more than 1,500 volunteers working hand Page 1 7 April 14, 2009 in hand with county employees to serve the public. Domestic Animal Services volunteers, under the direction of Kathleen Drew, provide companionship, care, and attention to sheltered animals while also promoting adoption and responsible pet ownership. The library uses volunteers to help clients get the most out of their services to keep our books shelved, assist with programs, and so much more under the direction of Joanne Wanamaker, volunteer coordinator. Mary Margaret Grisko, volunteer coordinator for the museum, declares (sic) volunteers in the museum library, gift shop, they greet museum visitors, assist with special events, and make Collier County history corne alive for patrons. Parks and recreation volunteers, coordinated by Merrill Weir, coach youth sports teams, assist with children's programs, including therapeutic recreation. They help with skate parks, help maintain the park community centers and grounds, participate in the sea turtle program, and assist at our beaches and preserves helping people to enjoy the natural wonders of Southwest Florida and Collier County. At university extensions, volunteers serve under 4 H Extension Agent Ruth Hubing as 4 H leaders who put the interests and needs of others first in efforts to build and develop new programs for youth. Master gardeners work with Kathy F esser (phonetic), horticulture agent, to serve the public with information on best gardening practices and expertise in conserving Florida's natural resources. V olunteer drivers, many of them veterans themselves, transport our veterans to and from medical appointments under the direction of Peter Krehling. Housing and human services department sponsors the Retired and Senior Volunteer Program, RSVP, which connects volunteers to almost 100 local nonprofit organizations throughout the county, as well as to county agencies. And during these times of budget and staff shortages, we expect Page 18 April 14, 2009 our volunteers to play an even more significant role in the level of service that Collier County provides for its citizens. They do, indeed, make a difference, and we owe them a great deal. Madam Chairman, Commissioners, thank you for recognizing the importance of our volunteers, and may we please, once more, join together in a round of applause for all our volunteers. Thank you. (Applause.) Item #4G PROCLAMATION DESIGNATING THE WEEK OF APRIL 12, 2009 THROUGH APRIL 18,2009 AS NATIONAL TELECOMMUNICATOR'S WEEK IN COLLIER COUNTY - ADOPTED MR. MUDD: Commissioner, the next proclamation is 4G. It's designating the week of April 12, 2009, through April 18, 2009, as National Telecommunicators Week in Collier County, to be accepted by Chief Greg Smith and Commander Bill Rule from the Collier County Sheriffs Office. (Applause.) COMMISSIONER HENNING: So this is a 24-hour shift? (Applause.) MR. MUDD: Commissioner, this -- SHERIFF RAMBOSK: Madam Chair, Mr. Manager, if I could have one word. You know, each of our members, men and women of the Collier County Sheriffs Office, play an essential role; but in the chronological order of things, in most cases the group that was represented here today see those emergencies and requests first, and they actually initiate the remainder of the action that starts with them. They have a very demanding, a very stressful job, 24 hours a day, seven days a week, 365 days a year, to support all the public safety in Page 19 April 14, 2009 Collier County, and I just want to recognize them as sheriff and as a resident of Collier County. Thank you. COMMISSIONER HALAS: Thank you. CHAIRMAN FIALA: Thank you. Item #5A RECOGNIZING CLAUDINE AUCLAIR, PRINCIPAL PLANNER, TRANSPORTATION PLANNING, AS EMPLOYEE OF THE MONTH FOR MARCH 2009 - PRESENTED MR. MUDD: Commissioners, this brings us to paragraph 5, presentations. The first presentation is a presentation to recognize Claudine Auclair, principal planner, transportation planning, as Employee of the Month of March 2009. Ms. Auclair, if you could please corne forward. (Applause.) MR. MUDD: Claudine Auclair, principal planner, has been nominated Employee of the Month for March 2009. Claudine is the kind of individual that every manager wants to have on her -- on their team. She is smart, extremely dedicated, and often considered as the go-to person in her department. Claudine, an employee of the county since 2006, is passionate about her work, whether it is research, a field visit, a public workshop, or a new corridor study. She continually strives to do what's best for Collier County. Claudine is customer-service oriented. She is always willing to take the time to make sure that residents understand what is going on around their communities. Her initiative, creative thinking, and fast, accurate action continue to set the bar high. She tackles problems quickly and devotes Page 20 April 14, 2009 the time and resources needed to prepare a detailed solution. She has the keen ability to extract information and seek out important documentation. An example of this was Claudine's recent review of the developer commitments listed in the planned community developments. By reviewing these documents, she has successfully gone after unpaid commitments from developers, resulting in payments to the county of hundreds of thousands of dollars in previously uncollected moneys. Claudine is an asset to the transportation planning department and the county. She is truly deserving of this award. Ladies and gentlemen, I'd like to present to you Claudine Auclair, principal planner, transportation planning, the Employee of the Month of March, 2009. (Applause.) MS. AUCLAIR: Thank you. MR. OCHS: Thanks. (Applause.) Item #5B PLATINUM SAFETY AWARD TO COLLIER COUNTY MEDFLIGHT DIVISION - PRESENTED MR. MUDD: Your next presentation is 5B. It's a presentation of the Platinum Safety Award to Collier County MedFlight Division. And this is a letter dated March 18, 2009, in your packet that says, Mr. Dan Summers, Collier County Helicopter Operations. Dear Mr. Summers, it is my sincere pleasure to acknowledge receipt of the Collier County Helicopter Operations application for the Helicopter Association International, HAl, Platinum Program of Safety. By your certification of compliance with the demanding criteria set forth under this program and completion of a verifying external Page 21 April 14, 2009 safety audit, HAl hereby recognizes Collier County Helicopter Operations as a renewed member of the Platinum Program of Safety. This recognition represents an achievement not only for your company -- county but for the entire helicopter industry. You are to be commended for your dedication to aviation safety and desire to fly to a higher standard. Accordingly, we have enclosed a 2009 year medallion for you to mount on your plaque to signify your continued good standing for the year 2009. Have a safe flight. Thank you for flying neighboring. Sincerely, Matthew S. Zicarro (phonetic). (Applause.) COMMISSIONER COYLE: Congratulations. CHAIRMAN FIALA: Thank you. Congratulations. This is wonderful. COMMISSIONER COLETTA: Thank you. MR.OCHS: Hey, Frank. Congratulations. MR. MUDD: Congratulations. MR. OCHS: Jerry, congratulations. (Applause.) MR. MUDD: The next presentation is an add-on to your agenda this morning. COMMISSIONER HENNING: County Manager, I have a question. FAA reported on the recent complaints. That was the initial response. Are they -- is there further investigation and correspondence corning? MR. MUDD: Mr. Summers can -- but the quick answer to that question is yes, sir. They -- we pretty much got a thumbs-up. There are some detailed information that they want to work with us in order to make sure that all our protocols are the best that they can possibly -- possibly be, and they're willing to help us in that particular regard. COMMISSIONER HENNING: Is the board going to receive Page 22 April 14, 2009 further correspondence from the FAA? MR. SUMMERS: For the record, Dan Summers, director of the Bureau of Emergency Services. Good morning. Commissioner, I am expecting additional communication from the FAA. I have requested that, and to get those details to you as soon as they become available. Every correspondence -- you've been shared that correspondence with us -- or I have shared that, rather, with you. And as soon as I get some additional information from them, I'll be glad to -- will certainly be happy to pass that along. COMMISSIONER HENNING: Thank you. And I continue to have concerns about the turnover, as the FAA, in this department. Thank you. MR. SUMMERS: Thank you. Item #5C QUARTERL Y PRESENTATION FROM SHERIFF KEVIN RAMBOSK - PRESENTED MR. MUDD: The next presentation is 5C. It was an add-on today at Sheriff Rambosk's request. He would like to do a quarterly presentation on his sheriffs operation to the Board of County Commissioners to keep people informed and/or the general public. And I believe this is the first of many to corne in the future. Sheriff Rambosk? SHERIFF RAMBOSK: Yes, thank you, Manager Mudd. Madam Chair, Commissioners. One of the things that I had planned for the future was to engage the community, and that means providing information and soliciting information from the community. And one of the ways in which I would like to do this, with your continued approval, is to meet here and provide a community update Page 23 April 14, 2009 quarterly to the board and members of the audience and our residents throughout Collier County with an overview of general activities, and more importantly, any questions that you might have or our residents have. So with your permission, I would like to begin with our first. CHAIRMAN FIALA: Sure. SHERIFF RAMBOSK: For this first reporting period for 2009, we certainly have had a very, very busy period. I'd like to thank all the men and women of the Collier County Sheriffs Office working together with our residents, because in all but one case, they have done an excellent job and we've been very, very successful. We've had 12 major investigations. We have had seven traffic fatalities, which is slightly down over the previous year when averaged for the year. We've responded to 138,000 calls for service in that period. Weare currently holding the line on our primary incidence of crime, which is very, very good in this economic condition. I have temporarily closed the Immokalee Jail Center for housing prisoners, which is ultimately, after the first month, beginning to save us, this past month, nearly $500,000, and we continue to look positively at that with a number of programs that help divert either prisoners out of the system, one being the 287G program in which we continue to move about 20 to 30 inmates from our custody to federal custody every week. So that is a very successful -- continuing successful program. At the end of this past year crime was down 1.5 percent. That is very good in the economic condition that we have seen over the last 18 months. Our traffic fatalities were down 36 percent, which we see as a combination of education, driving improvement, the wearing of seat belts, and enforcement of traffic laws, particularly speed, because where we see our fatalities is a combination of speed and not wearing seat belts. Seems to be our number one cause. Page 24 April 14, 2009 Our traffic accidents are down over 10 percent over that period. So when you look from a crime and safety perspective, Collier County continues to be a leader in the State of Florida with regard to its crime rate and its safety communities, and I think one that every member of this community and every member of public safety and government can be very, very proud of. We had completed our transition process. That was thousands of hours of time that was given to assessments, inventories, and the turnover from then Sheriff Don Hunter to myself with regard to full operations. We began with the member meetings in which I overviewed for all of our members of the agency, some 1,300. Our new vision for the future and how we're going to accomplish our mission, working together with the community, in stressing community safety service and a base philosophy of service to others before self as we move into the future. We also did something rather unique, and that was hold community assessment meetings. I had seven of those throughout the various parts of the county in each one of our districts, and we had over 300 resident participants. We then combined that group into one final meeting to look at what the future direction for the strategic plan for Collier County will be relative to the Collier County Sheriffs Office, and we will be finalizing that on the 27th of this month. So I want to thank all the residents and county staff who attended these meetings. And we got terrific ideas and a great sense of what is of most important interest to our community. We are certainly working together with the mid-year budget reduction. We -- I particularly understand the scenario we're facing in all of the country, no less the state and Collier County. I believe it's imperative that, albeit ensuring that we have quality public safety, we participate in assuring that Collier County, in its entirety, for public safety, health, safety, and welfare, is the top of the line, and we're Page 25 April 14, 2009 going to continue to commit to work together with yourselves and the county manager to make sure that all of Collier County remains safe in the tough economic times ahead. We've made a commitment of $2.1 million, which you'll see today. I will tell you that I am going to commit to make that $2.8 million reduction the end of the year, and then continue to work together to see how we can make our organization more efficient yet keep the quality and level of service at the point that you and the residents demand of us. A couple of very good things. We'd like to thank you and the county staff for the fleet service building, which we're moving into this week. It is absolutely terrific, and a lot of time and effort went into that, particularly, thank Manager Mudd and his staff for facilitating the construction of that, and certainly your approval to move forward. And looking forward into the next quarter, we're looking at the communications center, which is due online, and that is terrific as well. We're looking at initiating a red light campaign to stop red light running in Collier County. That actually kicks off tomorrow. And, again, I want to recognize your transportation department and all of your staff and yourselves for the enabling ordinance that will allow the installation and operation of red light cameras in Collier County. We're going to begin tomorrow with utilizing -- we've already used the engineering element, working together with your transportation department to ensure that the signals are working correctly, the photo enforcement is installed correctly. We have an education component beginning tomorrow, and then for all of us as drivers of Collier County, everybody be forewarned, red does mean stop in Collier County and will from here on out. CHAIRMAN FIALA: Can I ask a question and stop you right there for just a second? SHERIFF RAMBOSK: Yes, ma'am. Page 26 April 14, 2009 CHAIRMAN FIALA: Will you be able to then compare how many lives are saved or not lost once that's in effect? Because we've had so many lives lost at red light -- because of red light runners. Will you be able to compare the two? SHERIFF RAMBOSK: We'll be able to do an assessment of crashes at the intersection and determine whether it's accomplishing what we had hoped. It is one small part of the enforcement process. Again, we want to encourage our drivers to drive more prudently, to save time, take time, plan your trip, and most of all, don't be in a hurry . Waiting one more cycle of the light, in all likelihood, won't kill you. Running it might. Our final budget, certainly we're working on for June, and then we're beginning hurricane preparations in this next quarter to corne. That is my update for this time, and I open up to any requests that you may have that I can follow up on. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Sheriff, first of all, thank you very, very much for cooperating with the county manager and also with the Board of Commissioners in regards to adjusting your budget to address the shortfalls we are having in the mid year. I also want to commend you for this red light campaign, and I'm hoping that this will -- we can educate the public, as you said, that red lights, when it's a -- stop -- when it's red, it means stop. The other question I have for you -- and I don't know if you can answer it today. You know, that you made note that we had about 10 percent less traffic accidents. How does that equate with the amount of people that visited Collier County this year? Was there any decrease in the amount of traffic from our tourists? SHERIFF RAMBOSK: I don't have numbers with regard to visitors. One would think, and I've been led to believe, that visitation is down into Collier County, so that certainly may have helped; however, if you drive on the roads at 11 :30 in the morning to go to Page 27 April 14, 2009 lunch, you wouldn't think that traffic has reduced. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. And I, too, would like to express my gratitude to you for working with Collier County Commission and the citizens of Collier County in corning up with a workable arrangement that will still provide for the safety of the citizens. One thing that I'm going to need some assistance with through transportation is the data analysis regarding the red light cameras. I serve on the Lee Memorial Hospital Trauma Advisory Board, and they're looking for a report in October not only from us, but from Lee County, who is also instituting a red light camera program, to be able to compare data as to types of accidents that ensue and what kind of curve we're going to experience when the lights are first installed and how they will be later in the program. SHERIFF RAMBOSK: We'll be happy to do that. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: And just me, personally, I want to tell you, I love -- I love your open-door policy, the fact that you're always reaching out into the community and listening to the community and taking that to heart and going back and doing something about it. I just think you're doing a terrific job as our sheriff. Thank you. COMMISSIONER COYLE: Good job. SHERIFF RAMBOSK: Thank you. (Applause.) Item #6A PUBLIC PETITION REQUEST BY MICHAEL SCHUMAN TO DISCUSS SCORE'S SERVICES TO SUPPORT SMALL BUSINESS FACING ECONOMIC DIFFICULTIES - DISCUSSED Page 28 April 14, 2009 MR. MUDD: Commissioners, that brings us to public petitions, and the first public petition is 6A, and it's a request by Michael Schumann to discussion SCORE's services to support small business facing economic difficulties. Mr. Schumann, if you could please corne foreward. MR. SCHUMANN: Madam Chair, Commissioners, my name's Mike Schumann. I'm a volunteer with the Naples SCORE chapter. About three weeks ago at the instigation of Commissioner Coletta, a number of us from SCORE, the Naples Chamber of Commerce, and some other interested individuals, including John Barlow, met to discuss the impact that the challenging economic environment that we currently have -- is having on small businesses in Collier County and what we can do collectively to help solve that problem. This is an area that SCORE, as an affiliate of the small business administration, is particularly focused on. We're a volunteer organization that provides free counseling for small businesses to help them overcome problems or to give them advice on starting businesses and improving their businesses. And as an outcome of Commissioner Coletta's meeting, we already have some positive news to effect. We formed a task force with the Naples Chamber, and with the cooperation of the Collier County Tax Collector, we'll be putting an insert in all of the Collier County occupational licenses that will advertise our services that are available to small businesses, and those will start going out in July. There'll be about 27,000 inserts that will go to all the businesses in Collier County and help improve the visibility and awareness that businesses have on the help that is available for them. However, many of us in the business community feel that, particularly in SCORE, we are in some very unusual times. Traditionally, when you look at our activities, we work with people Page 29 April 14, 2009 that are having problems in their businesses and help them optimize the operation of their business and improve their ability to compete. The clients that we're seeing now, however, are really -- they're in trouble not necessarily because of any shortcomings on their ability to manage a business. They're being inundated by the economic tsunami that we're experiencing. And a lot of people that are in trouble are really not in trouble because of anything that's within their control. They're being overwhelmed by the macroeconomic forces at work. And I think that one of the things that we need to recognize is that, as government, we need to look at some of the fundamental macroeconomic factors and start addressing them. There are many of us in the business community that look at the current situation as being not your typical recession. What we think is happening is that, starting in last October, we had a dramatic downward re-adjustment of the American standard of living. And I think that until we solve some of these macroeconomic problems that the country has had and that have built up over the last ten to 20 years, that's not going to change. We're starting to see some glimmer of hope now that the free-fall that we've seen over the last couple of months is starting to stabilize, but my gut instinct is that until we really address some of these issues, the average standard of living in this country is probably going to have a downward adjustment of about 25 percent, and that's going to be semipermanent, and businesses and government and everybody else is going to have to adjust to live within those constraints for the time being. If you look at the current economic situation on the national level, the fundamental wealth of the country is largely proportional to the relationship between how much we export and how much we import. And we all know that the big problem that we've had in this country over the last ten or 15 years is that we have been living Page 30 April 14, 2009 beyond our means. We've been borrowing money largely against the equity in our homes, and we've been using that to buy consumer goods from abroad and to buy energy from abroad, but we've run huge trade deficits, and that has corne to an abrupt halt. The average consumer no longer has any more equity that they can pull out of their homes. In fact, it's going the other way. And people are now having to payoff their debts. There's actually good news in some of this. If you look at the newspapers two or three years ago, the big issue in Collier County was the fact that average people with average jobs in this county could not find housing, okay. That problem has been solved. So there's -- there's some hope. The other encouraging sign, which is paradoxically also part of the problem, is the fact that over the last ten years the savings rate in this country has been virtually zero. Now, in the last couple of months, it's gone to 5 percent. There are some predictions that the savings rate actually might go up to 9 percent. That's actually good news in the long term, but in the short term, of course, it's dramatically decreasing consumer spending, which of course, is deepening our current recession. So again, there's pluses and there's minuses. Now, when you look at our national economic situation, we've got two things we can do. One of them is that we can try to improve the competitiveness of our industries and increase our exports so that our overall net wealth increases, and we can do that nationally. We can also do that on a local business, and Proj ect Innovation, of which we are participating, the Naples Chamber is participating, I know that Collier County's participating, as are most businesses. That's one area that we can use to address that. The problem is that that is a very long-term process. And given the fact that export demand and demand in general is declining, it's going to be a really hard, hard push in the short-term to try to get new Page 31 April 14, 2009 industries that aren't construction related to move to this county, because the reality is that except for small, isolated pockets, companies are not expanding and new manufacturing plants are not openIng. So that's a long-term thing that we can work on, and that's certainly very, very necessary because it's obvious that we need to diversify out of a construction and growth-based economy to something more sustainable, but we need to address our wealth issue locally in a much more direct and immediate manner. And one of the ways that I think we're looking at it from -- within SCORE, that there's a huge opportunity, is if you look at our national economic situation, if you look at our imports and our exports, the big, big number on our imports is energy. We import nationally on the order of $700-plus billion a year worth of energy, primarily oil. The thing that is absolutely striking here in Collier County, and not only in Collier County but in Florida and all the Sunbelt states, is how little solar energy we are taking advantage of, and this is a very interesting thing that we need to look at, because when you look at the wealth of the nation and you look at the wealth of Florida and you look at the wealth of Collier County, the fundamental economics are the same. Our net imports into Florida and into Collier County, if you looked at the numbers, energy would be absolutely at the top of the list. And if we can get really serious about becoming more energy independent locally, that's going to have a direct impact on the overall wealth of Collier County. And just to give you a perspective, hot water domestic heat, okay, in your typical house in Collier County is 35 percent of the electric bill for the average homeowner. Now, currently there are tax incentives from the federal government and from the state government that reduce the cost of installing a solar hot water system into a typical house in Collier Page 32 April 14, 2009 County to about $2,500. With that kind of investment, you can get a ten-year payback on domestic hot water installations. The problem with that is that for the people that have the upfront money to install a system like that, the $50 a month savings that they'll see on the electric bill is so small that, you know, the average person in Naples is not really paying attention to that. The people that -- where $50 a month is a big deal, a lot of those people don't have the 3- or $4,000 up front that they need to invest in putting a system like that in place. Now, we did an estimate that if statewide the State of Florida got aggressive about solar retrofits, okay, on houses, we could put over 10,000 construction workers to work immediately, okay. The problem with that is, of course, making low-cost funding available and then kind of encouraging people to actually do it, and that's a struggle. The one thing that we should take a look at is the Israeli model. During the last oil shock back in the '70s, the Israelis had the same basic problem, and they basically changed their building codes and required solar energy to be used on all buildings for hot water, and that's something that, in Collier County, we could do. And if we did that, I think we could create a lot of short term construction projects, and we could have a dramatic long-term impact in terms of energy savings and ultimately increase the net wealth in the state and the county . CHAIRMAN FIALA: Thank you very much, sir. MR. SCHUMANN: Thank you. CHAIRMAN FIALA: Thank you. MR. MUDD: Ma'am, before we go and continue on this one, I'd like to recognize Mr. Larry Ray, your tax collector, and he's here to talk a little bit about his mailings for the occupational license program. CHAIRMAN FIALA: Could I just interrupt you a minute then? Commissioner Coletta actually had something to say to the gentleman from SCORE. Page 33 April 14, 2009 MR. MUDD: I'm sorry. COMMISSIONER COLETTA: Michael, I just wanted to express my appreciation for you corning here today and networking your program out to the public. It was over 40 years ago that SCORE entered into my life as a young 20-year-old person entering into the business world. And if it wasn't for their intervention, my first business which went 16 years until I moved here to Florida and sold the business, would never have succeeded. It's a tremendous resource that's out there. And in these troubled times, it's a tremendous resource for people that are in business and are suffering, and they're suffering greatly. They're having a hard time making their rent payments, their insurance payments. There are many cases their wives corning into work or their husband's corning into work to be able to supplement what's taking place, letting other employees go, just trying to hold it together. If they used the resources of SCORE, the professionals, the CP As, the former CEOs of different large corporations, they may be able to offer them some alternatives that aren't evident to the average individual. And I would strongly, strongly recommend that any small business out there that's looking for assistance and just -- it doesn't have to be even corning to you with a particular problem, just a scope of problems, and to be able to examine their bottom line to see where they are and to offer them meaningful suggestions of where they may be able to go to make the differential, because our economy is founded on small businesses. And you're right, we shouldn't be looking to this ultimate solution being some large industry moving into the area. Very unlikely in these troubled times. We need to sustain the small businesses that are here now, help them to grow and to stabilize so that we can keep a strong economy in Collier County. Thank you very much for what you do. Page 34 April 14, 2009 MR. SCHUMANN: Commissioner, thank you very much for the endorsement. And for those of you that aren't familiar with SCORE, we have 60 volunteers here in Collier County. They're just an amazing group of business executives. We're one of the top SCORE chapters in the country, and so we want to encourage everybody in Collier County that has a need -- and even businesses that are solid. We have so many very talented people that are available just to network and bounce ideas off. It's a resource that everybody that's in business in Collier County should take advantage of. COMMISSIONER COLETTA: Once again, what is the cost for a person to corne to SCORE to be able to get this help? MR. SCHUMANN: All of our services are free. COMMISSIONER COLETTA: That's a wonderful price. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: You had some great ideas in regards to -- well, he left already, but you had some great ideas in regards to solar energy and the $3,000 for each homeowner to invest. Maybe the way we can get some of that money down here is some of these bank presidents and people on Wall Street that are taking $200 million bonuses, maybe they can put some of that money down in this direction here. MR. SCHUMANN: I think there's a tremendous opportunity for Collier County to look at this because there are -- there are some communities in Arizona that have taken the approach of basically doing municipal financing of some of these systems where basically they'll float a bond issue, and then the money will be available to the homeowners and is repaid as a tax assessment. And so there's a lot of ways that if we get creative -- COMMISSIONER HALAS: That's not the point I was trying to make, sir. MR. SCHUMANN: I understand. COMMISSIONER HALAS: Okay. Page 35 April 14, 2009 MR. SCHUMANN: But the reality is, we're trying to get this going in practice, and we just need to think outside the box. Thank you. CHAIRMAN FIALA: Thank you. Okay. MR. MUDD: Madam Chair, one of the things that Mr. Schumann asked, what does he want the board to do? And basically permit the insertion of a brochure advertising SCORE and the Naples Chamber of Commerce services in the Collier County occupational license renewal mailings. And the person that's in charge of those renewal mailings is Mr. Ray, your tax collector, and he's prepared to talk about that, and maybe he can help you. MR. RAY: For the record, Larry Ray, the tax collector. You all were talking about grand macro economic things here that I wouldn't even want to get involved with, but I can tell you this: We do mail out business tax receipts to the businesses here in Collier County, and we would be more than happy to include an insert in that mailout, and we'll see where that gets us. Thank you very much. Item #6B PUBLIC PETITION REQUEST BY TODD STRAUSBAUGH TO DISCUSS STORMW A TER MANAGEMENT SYSTEM REQUIREMENTS AT 20 PELICAN STREET EAST- DISCUSSED AND TO BE BROUGHT BACK - CONSENSUS MR. MUDD: Madam Chair, that brings us to our next public petition, which is a public petition request by Todd Strausbaugh to discuss stormwater management system requirements at 20 Pelican Street East. Mr. Strausbaugh, if you could please corne forward. And if I Page 36 April 14, 2009 mispronounced your name, say it on the record and we'll get it corrected. MR. STRAUSBAUGH: My name is Todd Strausbaugh. I'm with Arthur Rutenberg Homes as the vice-president. ARBC is contracted with Mr. and Mrs. Wright, attending here today, to construct a new residence at 20 Pelican Street East, Isles of Capri. We've been rejected on a -- for a permit on the basis that the submitted structure does not meet Collier County ordinance 2007-67. Under this ordinance, the house exceeds the lot coverage and impervious area provided by Table 6.05.01F for lots 11,000 square foot or less. The existing lot is 8,625 square feet. And under the 25 percent rule for the house only, only a single-story structure of 2, 150 square feet could be built for combined living and nonliving area. This severely restricts the use of this lot and greatly depreciates it. The current house submitted for permit is a combined 3,342 square foot of roof covered area. Also, we would like to point out that the original structure built in 1967 would not be able to be permitted under this new LDC amendment. The difference between the original structure and the new structure of roof coverage is a little over 500 square feet. ARBC -- ARBC feels that the new LDC amendment is unfairly restrictive on smaller lots under 11,000 square feet. We also feel that combining the LDC restrictions along with having the necessity of having a septic system provides virtually no area for on-site retention as part of the LDC requirement for houses that exceed the maximum square footage in Table 6.05.01F. There are numerous homes of similar size on similar lots in Mr. and Mrs. Wright's neighborhood that were built and occupied within the last 24 months with no drainage issues to our awareness. Mr. and Mrs. Wright's new home will have all necessary Page 37 April 14, 2009 drainage features and site work to ensure the water from their property does not adversely affect any adjacent properties. Mr. and Mrs. Wright purchased their property in 1998 with the intent of eventually building their dream home. In March of 2008, they started the design process to create their home, and over -- after over $30,000 in design fees, have arrived at the plan of their dreams. Mr. and Mrs. Wright have vacated their structure and it was demolished in 2009 of March. Unfortunately, this new requirement has created a lot of worry and anxiety for Mr. and Ms. Wright. Hopefully the BCC can waive this LDC amendment for Mr. and Mrs. Wright due to the fact that they've invested a great amount of time and money into this proj ect prior to the LDC amendment being enacted. We hope the BCC will review this ordinance and understand that it has a negative impact and will affect future growth, tax revenues, and land values in Collier County on small lots. CHAIRMAN FIALA: Okay. Can we hear from staff on this? MR. SCHMITT: For the record, Joe Schmitt, your administrator of community development, environmental services division. Basically what was stated is correct. I have some drawings that show -- MR. MUDD: We'll get it. MR. SCHMITT: Thanks. That's the original footprint, as you can see, and I'll throw this one on there, Jim. This is the -- this is the change proposed. Certainly no argument that the lot coverage exceeds the LDC. This is the LDC change, Jim. This went into effect last July. Basically the LDC, there is no waiver provision. The LDC does state though that you could submit an engineer's estimate to corne up with an alternative for stormwater drainage and stormwater storage pursuant -- to meet the requirements of the code. This -- certainly there's a history on how this code was created. It was created mainly from the communities that dealt with large Page 38 April 14, 2009 homes being constructed on lots and changing the impervious surface compared to the pervious surface, and it was primarily in Pine Ridge Estates and other platted subdivisions, that the residents asked for this change. This change went through the LDC requirements, and there was certainly -- it was approved by both the Planning Commission and the board. There's no argument that right -- these properties adjacent to coastal waters are impacted. Frankly, we never anticipated or thought that this was going to be the case. The question is, how do we deal with this along the entire coast of Collier County then, if we corne back with some kind of an amendment to either allow for a variance or to allow for a waiver of this -- these requirements? Stan Chrzanowski is here if you want to get into great detail as regards to how we carne up with this ratio and how we arrived at the limits that are posted in the LDC. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I have some concerns. I think we're -- what we were trying to do in this LDC amendment is to make sure that people who built large homes on lots were accountable for the stormwater that runs off because of the fact that we have less pervious area for the homes. Now, there's a question that comes up that I can build as big as I want and I'll just let the water run off into canals or waterways. The problem is, then we run into another problem whereby we have government standards that we're going to have to meet as far as the maximum total daily loads. So I understand the dilemma, but I think that what needs to be done is when people decide that they want to build a house, that the house has to fit the lot. That's where I stand with this. Because in my district, I have a lot of stormwater issues in regards to where people have built large structures, and there's no way to accommodate the stormwater that runs off of that particular piece of property, and it Page 39 April 14, 2009 ends up in older areas where the elevation has -- when they built the homes originally, the elevation was somewhat lower. So the end result is, those people are the ones that end up taking -- having the impact of stormwater running off of the new residence and larger homes that cannot accommodate the water on their property . MR. SCHMITT: Well, that's correct. Normally with communities that have central stormwater systems, this is not a problem. It's the communities as you just addressed where there is no -- or outdated central stormwater systems and they just displace water to the front or rear of the yard. And of course, it creates problems within the community. And I don't know if -- Stan, if you want to address anything further on this or if the board has any questions. How do you want to proceed with this? That's the biggest issue right now. CHAIRMAN FIALA: Well, we really can't vote on anything on this now because it has to corne back to us so -- right? The question is MR. SCHMITT: Yes, we would -- CHAIRMAN FIALA: -- should we have you bring this back, and I'm in favor, you know, of having you bring this back and giving us all the incidentals so that then we can -- we can get all the facts and this -- and take this particular one -- you know, not setting a standard for the entire county, but this particular one, and address it. So would you mind bringing that back to us? MR. SCHMITT: We'll bring it back. I would ask if the applicant could address the other subsections of the code, and that is the issue with the engineer analysis that is spelled out in the LDC. There may be alternatives that can be addressed through -- CHAIRMAN FIALA: Right. MR. SCHMITT: -- through -- as it's noted under paragraph 2, unless accompanied by an engineer's -- an engineer analysis as Page 40 April 14, 2009 indicated below, and then the subparagraphs give options. So I believe that will be the best course of action to proceed first without just a mere waiver of the policy. COMMISSIONER HALAS: That's right. MR. SCHMITT: Unless you want to direct staff to look at this entire process again. CHAIRMAN FIALA: No, I believe that that's a great idea, and I would like them to meet -- excuse me -- meet with you to do that, and then you can bring it back to us with your final conclusions. Commissioner Halas? COMMISSIONER HALAS: Yes. I think what we need to do is they need to go through the proper -- proper formalities in regards to going forward with an engineering study on this, and then they can submit a waiver, and I think that would be the proper way to address this. MR. MUDD: Do I have three nods that basically say bring this back based on direction that Mr. Schmitt's staff talk with the petitioner and try to come up with a reasoned compromise for board's action at a future meeting? CHAIRMAN FIALA: Do I have a third nod? Okay, I have a third, okay. Fourth. I even have a fourth, maybe even a fifth. Well, okay. We've got the nods. Item #6C PUBLIC PETITION REQUEST BY BARRY GOLDMEIER TO DISCUSS IMPACT FEE DEFERRAL FOR AFFORDABLE AP ARTMENT DEVELOPMENT IN IMMOKALEE - DISCUSSED AND TO BE BROUGHT BACK - CONSENSUS MR. MUDD: Okay. Commissioner, that would bring us to 6C. It's a public petition request by Barry Goldmeier to discuss impact fee Page 41 April 14, 2009 deferral for an affordable apartment development in Immokalee. Mr. Goldmeier. MR. GOLDMEIER: Yes, thank you very much. For the record, Barry Goldmeier with offices at 250 Catalonia Avenue, Coral Gables. I'm here to request an impact fee deferral agreement form be signed by the county manager to qualify this proj ect, this property, to apply for tax credits from the Florida Housing Finance Corps on the May 26th financing deadline, by May 26, and to expedite the signing of this form and the other forms required for infrastructure and zoning availability as well. The property -- should I indicate where the property is? MR. MUDD: Sure. MR. GOLDMEIER: Yes. The property is indicated here, which is the site. And right here. And it's -- right there is the casino, and the property is across the -- is on the corner of School Road and Immokalee Road directly across from the main entrance to the newly developed area of the Seminole reservation. And as you are all aware, the casino has about doubled in size and about doubled their employment. And I believe, although there is not a need for affordable housing in general in Collier County, there's a specific need for service-worker housing for casino employees directly across the street from where they work, and that's why I'm requesting your directing the county manager to sign the impact -- impact fee deferral form and the other forms necessary to apply for the funding in May. MR. MUDD: Commissioners, just so you understand, Mr. Goldmeier is basically asking you to guarantee this particular endeavor, 140 of the 240 rental properties that you have on a yearly basis for your deferral program. So -- and Ms. Krumbine is here to talk about that a little bit. So it's a good petition, but if you have more rental affordable deferral properties that you need to do in a year, you're -- he's asking Page 42 April 14, 2009 for over 50 percent of what you have on a yearly basis. And he's asking for that guarantee. MR. GOLDMEIER: Mr. Mudd, can I just modify that? MR. MUDD: Absolutely. MR. GOLDMEIER: I'm asking for that subject to the approval of funding of the Florida Housing Finance Corps, which is no easy task. CHAIRMAN FIALA: Okay. And we have Marcy here. Commissioner Coletta and Henning, did you want to wait till Marcy spoke, or would you like to ask him some questions? COMMISSIONER COLETTA: Well, I can wait till Marcy-- CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Ladies first. MR. MUDD: And in Mr. Goldmeier's -- in his defense, we haven't had a whole lot of takers lately for the 225 rental units in our deferral program, if you look at the summary sheet that we get from Buddy Ramsey every two weeks. CHAIRMAN FIALA: Marcy, you've changed your hairstyle. MR. RAMSEY: Yes, a little bit and grown a little bit. For the record, Buddy Ramsey, your housing manager. And as Mr. Mudd just explained, we currently in this fiscal year have not used any of the 225 units set aside for project -- rental project. And what Mr. Goldmeier's asking is that you execute a letter for a project-specific deferral program for this program, which would then be used as part of his application to garner more points with the State of Florida. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I have -- I'm going to quote Commissioner Halas, I have concerns here. No, seriously though. I'll tell you what, I'd rather this came back as an item on the Page 43 April 14, 2009 agenda where we can have other people corne forward. Here's my concern, is the fact that we have an overabundance of affordable housing in Immokalee right now, especially in Arrowhead. People have corne forward and asked us to be able to back them on it. We've got an investment there, and we've got a number of units that are empty. Weare overserved in Immokalee. Also, too, when you get down to it, let's be honest, the casino's a wonderful venture, and if we had this 5 percent money corning in, it would be a little different probably as to how I'd feel. But when it comes to impact deferral money and all that, the casino, which is a supporting industry for this, pays no impact fees. I'm sorry, sir. I'm having a hard time with this, but I'd give you the benefit of the doubt. I'd like to have people corne forward from the Immokalee community that own property in Immokalee to be able to tell me what their occupancy rate is before we have you build something else. I mean, your argument, the fact that people have to drive all the way from Fort Myers to go to work at the casino but they're not willing to drive from Arrowhead to the casino doesn't hold much water. MR. GOLDMEIER: May I please address that? I've built another project in Immokalee, Main Street Village, which is fully occupied, and there are other proj ects doing well. I believe that the new projects in Arrowhead basically overbuilt the market and that the location of these new projects, two-and-a-half miles through winding roads, from this site is not attractive generally to casino workers. As a matter of fact, when I shopped the projects in Arrowhead that were being done by Carlisle, I saw that they were marketing primarily to farm workers. And where I see -- where I see the lack of available affordable housing is to -- for service workers and for people to support, you know, other jobs, in Collier County. And we own the property and we bought the property and we Page 44 April 14, 2009 intended to do it because we do affordable housing, and we intended to do affordable housing there because we thought that the location directly across the street from the place of employment would be an attractive one for the various employees who are all income qualified because of their wage levels. COMMISSIONER COLETTA: Let me help you with this, sir. This public petition's supposed to give us the ability to be able to bring something back under a regular agenda at a future meeting. MR. GOLDMEIER: Yes. COMMISSIONER COLETTA: Would a two-week delay be in any way -- do you any harm? MR. GOLDMEIER: Not in any way. COMMISSIONER COLETTA: You have no objection to us being able to make sure that we're going down the right road with this and we're not going to do harm? MR. GOLDMEIER: Of course not. And by the way, the state shares your concern. This is why this is not a slam-dunk on our part because the state has taken all of Collier County and put it into what I consider to be a misnomer, what's location A, which are areas which have low -- you know, high vacancy, high vacancy rates, require market surveyors, et cetera. And I believe that we can overcome that by doing a market survey that shows that the site and the specific appeal to workers at the casino would differentiate it from other projects in Immokalee and other projects elsewhere in Collier County, and that there is, indeed, a demand for housing in that very location. But it's going to be an uphill battle for us, and this is only the first step. And the only reason we're requesting impact fee deferral funds is because, as a part of the application, the state wants to see the local government give more than lip service to back a project that's applying for state funding, and that would be in the way of contributing some local government funding. Page 45 April 14, 2009 And the only local government funding that I'm aware of that could be contributed to tax credit housing in Collier County is impact deferral fees and -- which have a present value of a lot less than the actual dollar amount, and that's why we're -- we're requesting money from that pot of bank funds. COMMISSIONER COLETTA: I understand. And if this commission agrees with me, I would be for bringing it back on a future agenda. MR. GOLDMEIER: Of course, thank you. CHAIRMAN FIALA: Okay. MR. MUDD: Do I have three nods? CHAIRMAN FIALA: I have two other speakers, but you asked for three nods. Yes, I've got three nods. Commissioner Henning? COMMISSIONER HENNING: Yeah. Well, before we get a consensus, can we have discussion? CHAIRMAN FIALA: Sure. COMMISSIONER HENNING: Sir, do you have other -- MR. GOLDMEIER: Yes, sir. COMMISSIONER HENNING: -- businesses in Collier County? MR. GOLDMEIER: Yes, yes. You know, I've had properties in Collier County. COMMISSIONER HENNING: What are they? MR. GOLDMEIER: I have a -- I have a project at the corner of Davis Boulevard and County Barn Road, which is subject to a pending zoning application. I've had other properties on Rattlesnake Hammock Road. And as I said, I built a proj ect in Immokalee, Main Street Village. COMMISSIONER HENNING: What's the name of your corporation? MR. GOLDMEIER: Advanced Housing Corporation. COMMISSIONER HENNING: Advanced Housing. MR. GOLDMEIER: And also, by way of disclosure, I'd like to Page 46 April 14, 2009 also say that I'm assisting as a consultant of Collier County transportation in -- as a consultant and expert witness on the affordable housing -- in the affordable housing area in their imminent domain work. COMMISSIONER HENNING: The -- if this is going to be a rental, affordable housing rental project, let's be honest. It's not an impact fee deferral. It's going to be basically an impact fee waiver unless that is not -- that doesn't become rental. MR. MUDD: Yes, sir. It's basically -- if it's a rental, they've got a ten-year period of time in order to pay their impact fees. COMMISSIONER HENNING: Okay. So it is a payback in ten years? MR. MUDD: Yes, sir. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: No. My question's been answered. MR. MUDD: Ma'am, that brings us to our next public petition. CHAIRMAN FIALA: Well, now we'll go -- you had asked for nods. Did you still want to bring this thing back to us? COMMISSIONER COLETTA: I do. CHAIRMAN FIALA: Other commissioners? Commissioner Coyle says yes. Commissioner Halas? COMMISSIONER HALAS: I don't want to bring it back. I think it's -- to be honest with you, I think we've got enough affordable housing, and I have some real concerns we have rental housing -- we've had a difficult time at the end of ten years to collect our impact fees, and I'm wondering if we're going down the same road again, because at the end of ten years, the property is not kept up, and then we have a difficult time trying to collect those fees. So I don't want to bring it back. CHAIRMAN FIALA: Commissioner Henning. COMMISSIONER HENNING: Yeah. I think we're going to get Page 47 April 14, 2009 a market analysis in the Immokalee area, so it could be a -- could be an opportunity. Don't want to pass it up. CHAIRMAN FIALA: Okay, fine. So you've got the three nods to bring it back. MR. RAMSEY: And if I may, Commissioner Halas, this would require a tri-party agreement where the requester would post a security that we would then draw on should repayment at the end of ten years not become (sic) in a timely manner. So we've -- to provide additional security to Collier County. COMMISSIONER HALAS: We haven't done that in the past. MR. RAMSEY: It's something we require now on rental. COMMISSIONER HENNING: You want to take a break? Terri wants a break. CHAIRMAN FIALA: Yes. We have a 10:30 time certain. We'll take a ten-minute break before we take the 10:30 time certain. Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mike. Item #10D BUDGET AMENDMENTS ASSOCIATED WITH PROPOSED MIDYEAR FY 2009 BUDGET REDUCTIONS TOTALING $7,235,800 WITHIN THE GENERAL FUND (001) DUE TO ANTICIPATED REDUCTIONS IN ACTUAL PROPERTY TAX RECEIPTS, STATE SHARED REVENUES AND SALES TAX REVENUE - APPROVED MR. MUDD: The next item that you have on your agenda is a time-certain item. It is -- it is Item 10D. This item to be heard at 10:30 Page 48 April 14, 2009 a.m. It's a recommendation that the Board of County Commissioners approve budget amendments associated with proposed mid-year FY2009 budget reductions totaling $7,235,800 within the general fund, Fund 001, due to anticipated reductions in actual property tax receipts, state-shared revenues, and sales tax revenues. And myself and Mark Issacson will present on this particular item, and I'd like to start it off, if that's okay with the board. CHAIRMAN FIALA: Certainly. COMMISSIONER HENNING: Motion to approve. MR. MUDD: And it's pretty much close to what the commissioner just said. COMMISSIONER COYLE: I'll second. MR. MUDD: That could be the best presentation of all time. COMMISSIONER HENNING: Absolutely. MR. MUDD: And we do have one public speaker. I believe Ms. Vasey has signed up to speak. Commissioners, this is to get this year's budget so it's in balance so that we don't start next year out of balance and make the situation even worse. If you remember at Commissioner Fiala's town hall meeting that we had at the South Regional Library, we got some bad news on 4 March that basically said that our property assessed values were going to go down about 23.5 percent, which equates to a cut of some $56 million into the general fund. This cut today is to balance the budget that we have in FY-'09, and it's basically a cut of $7.2 million. What we tried to do was to find those things in the budget, what I call low-hanging fruit, get those things reduced, and if we had any service impacts upon the taxpayers of Collier County, to try to reduce those impacts as much as we could in order to provide a standard service package to our taxpayers, which they expect. Now, if we -- if the board decides to go millage neutral, you will Page 49 April 14, 2009 have plenty of time in June to take out those mallets, because we're not going to do it with scalpels anymore, because when you cut $56 million, you're going in there with chain saws. So we'll have an opportunity to get at that particular process. The other thing I will tell you, based on our projections and what we're getting out of state for the' 1 0 budget as far as sales tax and revenue sharing is concerned and what we believe an anticipated shortfall in ad valorem taxes that are paid in Collier County, we are going to have to cut $9 million just to make up for those shortfalls as we go into '10. So we'll have an opportunity to do, yes, this seven, to balance this budget, 9 as a minimum -- 9 million as a minimum for next year, and then if the board decides to go millage neutral, it will be something much greater, almost eight times as much in that process. I think staff has done a good job laying it out, and we tried to minimize the impacts. A -- if you didn't listen when the sheriff came in this morning when he gave his quarterly update, my pen was moving when he said he'd go from 2.2 to $2.8 million by the end of the year. One disturbing piece and one of the things we weren't going to do is paint a couple of intersections that had some severely painted mast arm areas that Mr. Feder had, and he might have to turn some lights on if those monies corne forward. So we have an opportunity before the end of the year to make those right. And that's -- pretty much completes my presentation. I can go over it graph by graph if you'd like, but I think you have a motion and a second, Madam Chair. CHAIRMAN FIALA: Yes. Commissioner Henning? COMMISSIONER HENNING: I think the county manager and his staff did a wonderful job of really working -- working the issue, and there's really very little impact to the taxpayers, and hopefully Janet won't prove me wrong. Page 50 April 14, 2009 The only thing that I really see is shortening some of the hours on the library system. But over $7 million of downward adjustment, and the overall effects to the taxpayers is very minimal, so I commend you for doing a great job. MR. MUDD: Thank you, sir. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to echo those comments. I think the staffhas done an great job. I'd also like to recognize the sheriffs agency. COMMISSIONER HENNING: Absolutely. COMMISSIONER COYLE: They've been extremely cooperative and they've done some innovative things, as has our own transportation department by proposing turning off a lot of the streetlighting, perhaps every other one or every third one. It saves us almost a million dollars a year, if I remember correctly. So these are good changes that don't impact the level of service that we're providing to the people of Collier County, and hopefully we can continue to do that if we don't have other big surprises from Tallahassee. So I second the motion to approve this and move on. It's absolutely necessary. CHAIRMAN FIALA: And Commissioner Halas? COMMISSIONER HALAS: Yes. I also want to thank the Sheriffs Department for stepping up to the plate and assisting us. One of the concerns that I do have is that as we move forward into next year's budget, we have basically spent about $860 million on road improvements, which is about 300 lane miles, and I'm concerned that we may not have enough funding to adequately make sure that we keep up the maintenance program on this. So as we move forward, I hope that all of us look at this. It's like buying a new car and saying, well, I don't have to rotate the tires or have an oil change. We know what happens if you let something like Page 51 April 14, 2009 that -- and you don't address the issue. So as we move forward, we just have to make sure that we have due diligence in regards to road maintenance of all the infrastructure that we put in the last couple years, that we take care of it. Thank you. CHAIRMAN FIALA: And Commissioner Coletta? COMMISSIONER COLETTA: Yes. And I'd like to echo everybody else's appreciation for how well the county manager is doing with the county's budget underneath his directive and also for the Sheriffs Department, which leaves me to wonder, how about the rest of the constitutional officers that we take responsibility for raising funds for? MR. MUDD: Commissioner, there was a chart in your -- in your presentation, and I'll find it real quick again -- that basically says how the sheriff put forward actual reductions of $2.2 million; the supervisor of elections was able to cut her particular budget $61,000; the property appraiser and the tax collector have basically said, they've indicated they will work to increase their year-end budget turnback by an amount equivalent to their required cut, and you can see those required cuts. Tax collector was $273,600. The property appraiser was $149,760. And even the courts, the state attorney, the public defender, absolutely cooperated in the process. Everybody is leaning forward and -- what we would say in the army -- leaning forward in the fox hole. They understand that this is -- this is an economy that's slowed down and everybody has, what I'll call in the poker side of the house, and only Mr. Thomas would know that -- skin in the game, and it's for the betterment of this community, and everybody's cooperating. It's been absolutely wonderful to deal with the constitutional officers and the state attorney and the public defender in this regard. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: And I've got -- our speaker? MS. FILSON: Yes, ma'am. We have one speaker, Janet Vasey. Page 52 April 14, 2009 MS. VASEY: Good morning. Janet Vasey, for the record. I have to echo a lot of what's been said. I think this is a very good and accurate reduction. We were very lucky in many respects that the budgeting for the fuel was so high. When we budgeted we thought it was going to be a lot higher, so we had some real breaks. And I think some of it was good prior planning, too. But at the margin, I think there are a few issues that need to be at least discussed, and one of them is the cut to IT. In looking at the various cuts across the whole spectrum, I think that you're getting a little deep in IT. It's already got an 18 percent cut in personnel, and you're -- you know, we talk a lot about level of service to the community, but I think you need to look at level of service to your staff. There's nothing worse than computers that won't work. That affects everybody. And so I would -- I would ask that you take a look at that, maybe trying to find a way to give a little bit of money back there. Also in the transportation area, if you notice reading all of the issues, most offices, even the smallest ones, had personnel reductions and savings related to that. In transportation, there were no savings related to the personnel reductions that occurred in 2009 so far. And I felt, looking at that and looking at the budget for '09, that there should have been some savings reported there, and that either could have been used within transportation or for another agency to ameliorate some of the cuts. And then the last observation I had was on the libraries. And first of all, I'd like to say, kudos to Marilyn Matthes. There are very few people, I think, that could take a quarter-of-a-million-dollar cut and increase the hours that are offered weekly in the library system, and she did that. So it's a real balancing act. The other side of that is, the level of service, while at the total level has increased, at the marginal areas within the branches there have been substantial reductions in service. Page 53 April 14, 2009 And I think you need to just be aware of that, and I'm sure you are reading the budget -- the cuts. But there's a whole lot more service now in East Naples and there's less service in North Naples and the Estates, and to a certain extent, on Marco. And I'm not sure if that's really the intent. When I watched the budget be prepared in '09, I knew that we were corning in with the regional, the South Regional Library, and that that would offer more service to that area, but at that time we weren't planning any cuts to the other areas. And I just -- I think that's a real imbalance. I think you need to look at maybe whether or not you should close the East Naples library, because there's so much more service now and others are having a cut. More service is okay until others have to suffer, and I think that's an inequity that needs to be looked at. Thank you. CHAIRMAN FIALA: Thank you, Janet. MS. VASEY: I'm sorry. CHAIRMAN FIALA: Well, you know what, I respect any of your opinions. I think North Naples with the headquarters having 64 hours -- no other library has that. And then with the regional libraries -- and there's two, one downtown and one in East Naples -- they both have 56 hours. Then there's Vanderbilt, that's also in North Naples, by the way, and East Naples and Golden Gate branch, Estates branch, they all just have 36 hours, so that's all three again. And I don't think closing that -- you know what, I wouldn't want to close Vanderbilt library any more than I would want to close the East Naples library. I don't know about Vanderbilt. I know that there's a lot of people that love that library and have written passionately about it. The little East Naples library, nobody will write because it just serves children in that area. It's an area that's completely surrounded by poverty children. You've got Naples Manor and Whistler's Cove, and all of the -- all of Page 54 April 14, 2009 the Habitat for Humanity places, and those kids can't get to a library other than that one by walking or on bike. They can't get to the other new library. So I would just hate to see that privilege taken away from children. I'd rather see them in a library than smoking pot on a street, to be honest with you. So I don't agree with that at all. I think that for the audience, we have some wonderful hours here. Our library department has been so creative. What they've done is they've taken the Golden Gate branch, which is right in the City of Golden Gate -- and that's a very, very busy branch -- they've kept that at 50 hours, the Golden Gate Estates branch they've moved to 36 hours. The Immokalee they've kept at 40 hours. The Naples regional, which is in the City of Naples, 56 hours. South Regional, which isn't even open yet, but eventually it will get open and eventually we'll have furniture and books. And when we finally do and when we finally open, we'll have 56 hours there, and that serves some of the Golden Gate community as well because it's located out there, so it serves the Golden Gate as well as the East Naples area. The Marco Island branch will have 44 hours. That's a very busy branch as well. Everglades City will have 35 hours. So I think our library department I'd much rather see reducing the hours than cutting back employees. Same with transportation. I think -- I was -- I really commend the transportation department and what they've done. It was -- it was, I think, a stroke of genius. They didn't let people go so that people aren't waiting around -- although some people had to go in that department. But they -- people aren't waiting around hoping for another job. They're still working. What they've done is cut other things instead. They're not fertilizing as much in the medians, they're not going to be planting side trees when they are -- in the medians or for the median landscaping process, and they're not going to be planting any more Page 55 April 14, 2009 medians for quite some time. And the medians that have been committed to already, they're going to plant grass in them, so there's no maintenance in that. I think they've done an outstanding job, each and every department. As you go through this, each and every department has worked hard to cut back. Parks and recreation. I just have to say, it hasn't been easy, but I think they've done an outstanding job, and we -- all the commissioners have already commended you, and I'm going to commend you as well for doing a great job to everyone. So thank you. And with that 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.) COMMISSIONER HENNING: Question. CHAIRMAN FIALA: Yes, sir. COMMISSIONER HENNING: Six (sic), I know there's a motion and a second to approve. Did we ever vote on that motion, to approve the proclamations? CHAIRMAN FIALA: I don't know. MS. FILSON: No. COMMISSIONER HENNING: No. CHAIRMAN FIALA: Okay. Thank you. COMMISSIONER HENNING: You're welcome. CHAIRMAN FIALA: So we had a motion on the floor for item number six (sic), all of the items under number six, proclamations. MS. FILSON: Number four. Page 56 April 14, 2009 MR. MUDD: Number four. CHAIRMAN FIALA: Number four, oh, okay. And then -- and it was four then, right? Okay. And a second we had. All those in favor, on that particular item, please vote. 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. Thank you for bringing that to our attention, Commissioner Henning. Y .? es, SIr. MR. MUDD: Ma'am, if I could just -- give me about five minutes. CHAIRMAN FIALA: You betcha. MR. MUDD: My wife's getting selfish with my time since I had the surgery here two weeks ago, and she wants to make sure that I'm rested. But I need to tell the community a couple of thoughts and we'll go for it. I will tell you that things are a little different now with my glass situation. I never had cheaters before, and Mr. Ochs always had cheaters. When I carne out of the ICU after the operation, I could see distance. I could never see the slides over there, and Mr. Klatzkow was always a blur without glasses on. Now he's perfectly clear. And I say, sir, you're better looking than you were when I had particular glasses going. But the problem now is, I used to be able to read straight up, and now I've got to put something in here that's a one by whatever to -- in order to see it in order to make sure it's clear. So you'll see me fumble Page 57 April 14, 2009 a little bit as we go through the process. If you'd bear with me. Well, I don't have a nagging headache anymore, and my neurosurgeon has finally found that missing golfball. My doctors tell me that I have primary brain cancer. God gave me quite a gift as of late. I was given the time and the opportunity to tell my family how much I love them, to relate how special they are to me and how proud they make me. As always, my bride of almost 35 years still dazzles and amazes me. Feeling much better, I am ready for the fight of my life. This community's outpouring of support and encouragement has been truly heartwarming. Please continue to keep me and my family in your thoughts and prayers. On a lighter note, I still think I have more hair than my oncologist and Mr. DeLony combined. Because I have other doctor appointments on and off for the remainder of this day, I ask the board's indulgence to excuse me for the rest of this meeting. I ask Mr. Leo Ochs to take over my role here today. Thank you for your considerations, Commissioners. (Applause.) COMMISSIONER HENNING: County Manager, before you leave, you must have trust in your staff, you have an outstanding staff. And, of course, we know that you're always there behind the scenes making sure things are done right. Now's the time for yourself and your family. You have a beautiful granddaughter, and I hope that you get to spend as much time with that granddaughter as possible. We all understand, and I think, on behalf of the community, think the community understands, this is your time, so take it and trust in your staff, which I know you do. MR. MUDD: Thank you, sir. They are a great staff. COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: Thank you. Page 58 April 14, 2009 MR.OCHS: Thank you, Madam Chair. That moves us back to your public petitions. Item #6D PUBLIC PETITION REQUEST BY EDWARD BAKAY TO DISCUSS UNSAFE VEHICULAR TRAFFIC ON FRANGIPANI AVENUE AND DOVE TREE - DISCUSSED AND MOTION MADE TO BRING BACK - APPROVED MR. OCHS: Next item is petition 6D. It's a request by Edward Bakay to discuss unsafe vehicular traffic on Frangipani Avenue and Dove Street -- Dove Tree, excuse me. Mr. Bakay. MR. BAKAY: For the record, my name is Edward Bakay. I live at 920 8th Street Southeast. I want to thank everyone for allowing me to speak today. I wanted to talk unsafe conditions, vehicle traffic, in the agriculturally zoned area known as Franpangimami (sic) and Dove Tree covering issues like layout of the area, dust encroachment issues, unsafe conditions existing, and recommendations for corrections. When my wife and I purchased the property in 2003, shortly after I met a gentleman by the name of Tim Nance. Tim introduced himself as the president of the association in the agriculturally zoned area. At that time I asked him why people were driving on our easement, which was a water management easement. Tim's comment to me was that roads in that area were lax, people just drove the way they could, that Dove Tree and Franpangimami was not in the correct locations. My comment was, I thought that this area should be moved to the correct deeded location. I didn't like people driving on our property as a homeowner. Shortly after Tim started moving -- at that time the area was covered in Franpangimami by trees. He started cutting them down, Page 59 April 14, 2009 moving the road access south of the telephone poles, which you'll see in pictures. To our surprise, my wife and I went away, and when we carne back on a summer vacation there was quarry dust dumped on the easement either by the state or something happened. I thought this quarry dust was going to be dumped on the easement that Tim was clearing, but that did not happen. Since that time this has created a racetrack in the area. It's created dust problems. It's created unsafe conditions. You've got to understand, this is a 12-foot, one-way, narrow right-of-way that's taking two-lane traffic. These unsafe con- -- and actually now that this was -- the dust was dropped, now there is many more vehicles traveling here. There is the locals there that were maybe five to ten, they're very respectful. I've got a lot more heavy trucks in the area creating more and more problems. Seeing no results, I started -- and in your packs you'll see numbers of letters I wrote to county officials stating that this issue existed, and I would like to see some correction done in the area. When I had really no response from anybody in the county, I then requested a fencing permit on our southern borders. If I could, may I put this up? I made a little sketch here showing -- maybe I can just point out. This area. This is our -- okay. This area right here is our property right here. If you look east, we're over here. We're north, this is south, this is west. Presently, here's what happens. As -- you have 8th -- you have 8th Street here, 10th Street and 6th Street, and 4th Street. And our property goes -- we have side canal and rear canal. These are main drainage canals that are on our property. We then cross the canal over on the southern end, which is water management easement. Presently what's been happening is locals and the Fawzio (sic) Page 60 April 14, 2009 proj ect that was approved by the county are encroaching on water management easement on 10th Street, crossing over our easement. The Fawzio project's turning left onto Dove Tree. Locals are traveling down the easement area to get to their homes or their businesses. I provided -- I provided a picture here showing our home. The home that we build there similar to many other homes in this area. This is a shot -- our photo number 255 where I stood on Dove Tree, directly in the middle of Dove Tree on our easement. Facing west you will see to the right what is our easement area, right here, to the -- that's north of the poles. To the south of the poles is the deeded right-of-way for Franpangimami Ave. You can see the development that has taken place. What was done is the trees were removed and it was just let go. If you look at photo 457, this is a shot taken to the west -- to the east, I'm sorry, showing a Fawzio truck encroaching on water management easement and to the -- and to the right is where the deeded road access of Franpangimami exists. That's 35 feet off the fence. You can see that there's no way anybody can travel in that area. My wife and I, because there's no direct dividing lines here, had paid for an encroachment survey, which we filed with the county engineers, showing the deeded right-of-ways for the roads, public roads, and the easement of our property. I'd like to talk a little bit about dust and encroachment. I sent a number of emails to Mr. Colet (sic), Commissioner Colet (sic), and also to J eff Wright. These photos you're about to see is going to be talking about dust, encroachment. This is directly after Mr. Fawzio's attorney said there was no problem with dust after my complaints, saying that they were 3,000 feet away from the conditions that were going on, and that there was no encroachment going on. I don't know if it's best to put up, but I just want to thumb through them. Our photo number 133 in our pack shows a Fawzio truck going Page 61 April 14, 2009 down Dove Tree with a dust trail in back of him. 136 shows a Fawzio truck who just left our encroachment going back onto 10th Street with a dust trail behind him. Photo 134 shows a Fawzio truck going to 10th Street encroaching on our easement from Dove Tree. Photo 132 shows a Fawzio truck going into the -- into the work area with a -- with a dust trail and encroachment from our easement. There's a couple other photos I provided for you here. This is my Path Finder with dust. I clean this once a week. It's over 200 feet away from this area. This is my wife -- my wife on our lanai. This is our glass table on our lanai. Again, 200 feet away from this area. My wife cleans it daily. Here's some local problems. Here's our Waste Management truck. You got photos 428 and photos 371 showing them speeding down the road on -- encroaching on our side property with dust trails as high as the poles. To show you what vehicles drive on this area besides the local cars, trucks, A TV s, and everybody else, here is a tanker truck, 18-wheel tanker truck going down a 12-foot right-of-way. Here's a large 18-wheeler traveling down that same right-of-way. I want to talk about unsafe conditions here because heavy trucks, cars, SUV s, travel at very, very high speeds leaving dust trails, children traveling on A TV s, motor bikes travel day and night at excessive speeds. These vehicles on a narrow 12-foot right-of-way, as you first saw, with two-way traffic that's supposed to corne down these roads that create dust issues and very unsafe issues -- unsafe conditions, all occurring when two-way public road access in the agriculturally zoned area exist and it has not been developed, being county roads or private roads -- and I really don't care, right -- these conditions exist without proper road conditions, which I think these people really deserve, without proper stop signs. Example on Dove Tree going onto there. People do not stop here. They go both Page 62 April 14, 2009 directions, barriers going along Franpangimami Ave. like a -- like a guardrail or something or a fence, something stopping them from going into the canal. Without law enforcement -- I've asked law enforcement, Collier County, to sit here and stop the offenders. And maybe 20 percent of the people are offenders here. Not everybody is bad here, believe me. CHAIRMAN FIALA: Thank you very much, sir. Your time is up. Can you -- MR. BAKAY: I can wrap up, yes. CHAIRMAN FIALA: Okay. MR. BAKAY: Just so you know, there was an accident that occurred here on 3/24. That accident -- and you should talk to Trooper Garcia about that. There were three people, four people hurled from Dove Tree into the canal 50 feet away. He was driving too fast. It did not -- there was no stop signs, no ending to the road. CHAIRMAN FIALA: Thank you. MR. BAKAY: If I can just -- two minutes maybe at the most. CHAIRMAN FIALA: Sir, you've already had ten. MR. BAKAY: Okay, I'm sorry. CHAIRMAN FIALA: Okay. And our practice is -- and we've strayed away from this over the past few months. Our practice has always been, on any petitions like this, do we want to bring them back to discuss them rather than discussing them all, you know, all in advance and then discuss them again when we bring it back? Our practice has been, if we feel this is something we want to bring back and discuss in an open meeting where we advertise this so speakers can corne and weigh in on this subject, we will. I've got three of our commissioners who had said they wanted to speak. But commissioners, would you like to wait until we bring it back -- COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: -- or would you like to bring it back at Page 63 April 14, 2009 all? COMMISSIONER COLETTA: If I may? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: Yeah, because this is my district, and I've been sitting on top of this for a long time. Ed, it'd be -- it would be -- I would appreciate when you corne before us if you'd mention the fact, when you said that the county didn't respond, the fact that I did respond numerous times, and you're here today at my invitation. I sent you forms and everything. You indicated that I didn't take any interest in this, and you're here today as proof that I do take an interest in all constituents' problems out there. And the county is trying to be receptive; however, they can't resolve what you're looking for as they stand here today. We need to bring this thing back. And the reason we have to bring it back is because I have -- I see a couple people in the audience that I know for sure would like to speak, and they can't speak under a public petition. It just can't be done. At that point in time it opens it up. You have to dually advertise the item, put it out there, and then we can have a determination made by the county attorney about the responsibility of the county as private roads go, and also the responsibility of Fawzio's fish farm, what they agreed to do and are they doing what they said they would do. There's many different things we have to do, so I'm going to make a motion that would bring this item back. MR. BAKAY: Just so you're aware -- COMMISSIONER COYLE: Second. MR. BAKAY: -- my father's 85 years old, and these dust problems are creating health issues for us. I may not -- CHAIRMAN FIALA: I was worried about that when we -- MR. BAKAY: We may not be back here because we plan on leaving because of this condition right now at this point, so -- Page 64 April 14, 2009 CHAIRMAN FIALA: Well, okay. Now we have a motion to bring it back by Commissioner Coletta, a second by Commissioner Coyle. And Commissioner Henning? COMMISSIONER HENNING: What are we bringing back? I mean, I haven't -- I've heard a lot of things about the condition, but he hasn't said what he wants -- expected out of the Board of Commissioners. CHAIRMAN FIALA: Commissioner Coletta. COMMISSIONER HENNING: And the second thing -- CHAIRMAN FIALA: Oh, I'm sorry. COMMISSIONER HENNING: -- the petitioner needs to tell us what he wants to do. The second thing, statements about correspondence to myself is not correct. We have looked for correspondence, and this gentleman hasn't corresponded to me by email or by written letter. So I want to correct that. CHAIRMAN FIALA: Okay. Thank you. COMMISSIONER HENNING: So what are we doing? CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I think it needs to be brought back. But again, these are private roads, and they're not under the county's jurisdiction. So bring it back for discussion. CHAIRMAN FIALA: Okay. So we have a motion on the floor and a second to bring it back to -- COMMISSIONER HENNING: Bring what back? CHAIRMAN FIALA: -- talk about the dust -- I'm guessing to talk about the dust and so forth. But if you're not going to be here, then what are we bringing back? MR. BAKAY: If you can give me one minute, I'll tell you what I would like the county to do. COMMISSIONER COLETTA: We can't do it, sir. There's no way we can make a decision today without an advertised public Page 65 April 14, 2009 meeting to take place and allow other people to speak. You can't open this as an agenda item without due process. MR. BAKAY: I don't intend to. I've written down into my list what I recommended be done in the areas. I think the people here need roads to drive on that are safe that we do not have encroachment on our property, and that's what I'd like the county to do. COMMISSIONER COYLE: That's included in our packet. We read the packet. COMMISSIONER COLETTA: We have a -- COMMISSIONER COYLE: It's a complete -- it says recommendations to correct the existing conditions. There's no need for him to have to repeat that. All we have to do is read our packet. COMMISSIONER COLETTA: And you don't have to be here either for us to be able to act on this. MR. BAKAY: Correct. That's why I did the package the way I did. COMMISSIONER COLETTA: Okay. MR. BAKAY: And I want to thank you for letting me speak. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. Thank you. So we have a motion on the floor to bring it back and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay, fine, 4-1. We'll bring it back. Item #9 A Page 66 April 14, 2009 RESOLUTION 2009-96: RE-APPOINTING FRED N. THOMAS, JR. TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY (W/W AIVING TERM LIMIT) - ADOPTED MR. OCHS: Commissioners, 6E is going to be heard in conjunction with Item lOB having to do with the Palm River Estates stormwater proj ect. So that would -- that would move us to Board of County Commissioners Item 9. 9 A is appointment of a member to the Immokalee Enterprise Zone Development Agency. COMMISSIONER COLETTA: Motion to approve Fred Thomas, who had a perfect attendance in the last two years. MS. FILSON: And does that include waiving the sections of the ordinance? It's on the agenda today to be amended, but it's not official until it's filed with the state. COMMISSIONER COLETTA: That includes waiving. 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.) Item #9B RESOLUTION 2009-97: APPOINTING DAVID SALETKO TO THE PARKS AND RECREATION ADVISORY BOARD- ADOPTED Page 67 April 14, 2009 MR. OCHS: 9B, is an appointment of a member to the Parks and Recreation Advisory Board. COMMISSIONER HALAS: Motion to approve David Saletko. Sorry . COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Motion 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.) Item #9C RESOLUTION 2009-98: APPOINTING PATRICK G. WHITE (CONSUMER) FOR THE REMAINDER OF THE VACANT TERM EXPIRING ON JUNE 30, 2010 AND KYLE E. LANTZ (ROOFING CONTRACTOR) W /W AIVING A RESIDENCY REQUIREMENT FOR THE REMAINDER OF THE VACANT TERM EXPIRING ON JUNE 30, 2011 TO THE CONTRACTORS LICENSING BOARD - ADOPTED MR. OCHS: 9C, appointment of members to the Contractors Licensing Board. COMMISSIONER HENNING: I want to have a discussion on that. CHAIRMAN FIALA: Yes. Page 68 April 14, 2009 COMMISSIONER HENNING: The correspondence that we have by Mike Ossorio say that Patrick White is not qualified to be on this advisory board. I can't see anything in there. And, in fact, the resident from Lee County, according to the ordinance that we're about to approve, this gentleman wouldn't qualify for this position. It's just the opposite. CHAIRMAN FIALA: I have to agree with you. As far as Patrick White goes, I couldn't -- I couldn't even understand why he wouldn't qualify. It says, does not meet the criteria. But I think as I read everything, all of his background and we do know of him and his expertise, I think he would be a great one on the Contractors Licensing Board, so would you like to make amotion? COMMISSIONER COYLE: Well, why don't we find out why it was determined that he's not -- he doesn't meet the criteria. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: I mean, somebody made that determination, right? MR.OCHS: Yes, sir. MS. FILSON: I have a speaker as well. MR. OSSORIO: Good morning. For the record, Michael Ossorio, Collier County Contractor Licensing. Unfortunately under the ordinance 3.1.1 -- Leo's going to put that up for you -- my email dated a couple days ago. Of course, you probably won't be able to see it, but I'll read it to you. The applicant, pursuant to Section 3.0.1, no such member consumer. When you're talking about the Contractor Licensing Board, you're talking about two different entities. You're talking about a consumer and a contractor, and Mr. White is a consumer. And it says, no such consumer, no such member shall be or ever have been a member or a practitioner of a profession regulated by the CLB or any profession closely related to such profession regulated by the CLB. Page 69 April 14, 2009 And unfortunately, I took that as an attorney that has represented contractors and represented to you, the Board of County Commissioners, is really not a true consumer; however, after speaking with Mr. White, I think he might say on the record that he won't be representing contractors that present to the licensing board or the Board of County Commissioners. I feel pretty confident that he does qualify to sit as a consumer on the licensing board. CHAIRMAN FIALA: Okay. Thank you, Michael. COMMISSIONER HENNING: Okay. The other thing I think we need to clarify, in the contractor licensing ordinance it doesn't say anything about residency. It does say the alternates have to be a licensed contractor. But we're appointing not alternates, but we're appointing regular members. MR.OSSORIO: You are appointing a consumer and/or a contractor. They're two separate ones. There's nine members, and three of them are consumers. COMMISSIONER HENNING: Don't we have -- we're appointing two members, one a consumer and one a contractor? MR. OSSORIO: That is correct, Mr. Henning. COMMISSIONER HENNING: Okay. So under the contractor's appointment, it doesn't say it has to be -- it has to be a local licensed contractor? MR. OSSORIO: It basically just states that it has to be a licensed general building or residential roofing contractor. I didn't really get into the specifics of where the gentleman lived. Unfortunately I assumed if he's applying for the Contractor Licensing Board, I assumed that he lived in Collier. I did not know he lived in Collier, he lived in Bonita, but he does do a lot of business in Collier County and pulls building permits, but I did not know he lived in Lee. COMMISSIONER HENNING: Mr. Klatzkow? MR. KLATZKOW: You have discretion under your primary Page 70 April 14, 2009 board ordinance to exempt the residency if you so entire. It's something you do on occasion. COMMISSIONER HENNING: I don't have a problem with that, but that isn't the way the executive summary reports -- reported to the board. So I'll make a motion to -- well, maybe we should hear the public speaker before, but my motion would be to appoint the two members, Mr. Patrick White and Kyle Lantz. MS. FILSON: And your speaker is Patrick White. MR. WHITE: Good morning, Commissioners. Patrick White, for the record. I've had an opportunity to talk to Mike and Assistant County Attorney Robert Zachary on the issue, and I appreciate, and probably contractors would be pleased to know, that they aren't a profession that's closely related to attorneys. That said, let me assure you that there is never going to be a circumstance where I would represent a client before the Contractor Licensing Board, if I'm able to serve, nor would there be any chance that there would be a conflict of interest where I would not be looking to the primary duty of being on that board is what would be my guide for how I would conduct myself. I'd appreciate your vote of support. Thank you. If there any questions, I'd be happy to try and answer them. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to get the county attorney's opinion with respect to the qualifications necessary for a consumer member of this board. MR. KLATZKOW: I'll put it on your monitor. The ordinance simply refers to a consumer representative. Reasonable people can differ as to the interpretation of this. I don't have any issue with Mr. White serving, nor would I have an issue if the board felt he's too close to the business community to serve. It's a loosely drafted Page 71 April 14, 2009 prOVISIon. MR. WHITE: If it might help you, Commissioner Coyle, as a provision that, in fact, is almost verbatim, the Florida state statute. And having served, if you look at my experience, that statute, to my knowledge has not changed. It's one that's not only applicable in a sense to Collier County, but also to the City of Cape Coral where I formerly served as a consumer representative to their board. It was not an issue for the city attorney. It's not an issue that's corne up that I'm aware of in any other jurisdiction. And although I believe that it may not be as tightly drafted and agree with Mr. Klatzkow about that, I don't believe that the intent is to exclude all attorneys from acting as consumer representatives on these types of local boards. Because if that's the case, then you would have to say that being an attorney is a profession that's closely related to being a contractor. Although I have and pride myself on being able to do any number of home repairs, including plumbing, electrical, drywall, carpentry, you name it, that's really not part of the consideration under either the statute or the ordinance. I just don't think that practicing law is something that the CLB closely would find related to its function of regulating contractors. CHAIRMAN FIALA: Thank you. MR. WHITE: And so, again, I ask for your support. COMMISSIONER COYLE: Well, I think we should probably modify this just to exclude lawyers in entirety from about anything. But I believe there is an opportunity for this to be addressed on a case-by-case basis in the event something comes up. If you are representing someone, you're going to have to recuse yourself. MR. WHITE: Yeah. I am committing to this board that I would not take on such a representation. COMMISSIONER COYLE: All right. That's good. CHAIRMAN FIALA: Commissioner Halas? Page 72 April 14, 2009 COMMISSIONER HALAS: Yes. I have a couple of things that bother me. Number one is that we have a person that wants to be on our Contracting (sic) Licensing Board and he doesn't live in Collier County. I believe that the people that are on our boards, especially this particular one, because of our rules and regulations, ought to be familiar with what's going on in Collier County and ought to be a resident. The second one in regards to lawyers not contracting. Lawyers do contract. They make a contract regards to who they represent and when they represent. So I have -- I don't feel comfortable whereby a lawyer says that he doesn't contract. He contracts when he represents someone, so -- CHAIRMAN FIALA: Commissioner? COMMISSIONER HENNING: Madam Chair, I make a motion that we accept the two applicants and waive the provisions of residency requirements under the ordinance, was it 01-55? MS. FILSON: Yes, section 5A of ordinance 2001-55. COMMISSIONER HENNING: 01-55, thanks. CHAIRMAN FIALA: Do I have a second on that motion? COMMISSIONER COLETTA: Repeat the motion, please. COMMISSIONER HENNING: Motion to appoint the two members, two applicants, and waive the residency's requirements under our ordinance. COMMISSIONER COLETTA: I'll second that. CHAIRMAN FIALA: Okay. I have a motion on the floor to accept both of these applicants and waive the residency, even though there isn't a requirement in this particular statute, we'll waive the residency of Kyle Lantz. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. Page 73 April 14, 2009 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. I had to think about that for a minute. I didn't know if I wanted to do into Lee County or not. Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay, 4-1. Thank you. MR. OCHS: Commissioner, 9D is a discussion regarding the recommendation of the productivity committee that the Board of County Commissioners explore charter government. CHAIRMAN FIALA: You know what, we have a -- that's going to be a long discussion, and we have an 11 :30 time certain. How about if we just flip on over to the 11 :30 time certain? MR.OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. Item # 1 OC DEVELOPERS CONTRIBUTION AGREEMENT (DCA) BETWEEN KITE EAGLE CREEK II, LLC, KRG EAGLE CREEK IV, LLC, KRG 951 & 41, LLC, ABC LIQUORS, INC., REAL TYNET REAL ESTATE, LLC AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., (THE DEVELOPERS) AND COLLIER COUNTY TO FUND CONSTRUCTION IMPROVEMENTS TO THE INTERSECTION OF US-41 AND SR/CR-951 - APPROVED W/CHANGES RECOMMENDED BY STAFF MR.OCHS: That item is an 11 :30 a.m. time certain. That's Item 10C in your agenda. This item requires all participants be sworn in and ex parte disclosure be provided by commission members. It is a recommendation to approve a developer's contribution agreement between a series of developers enumerated here in your index, and the Page 74 April 14, 2009 county, to fund construction improvements to the intersection of U.S. 41 and SR/CR951. Nick Casalanguida, your transportation planning manager, will present. MR. KLA TZKOW: This is not quasi judicial, just for the record. MR. CASALANGUIDA: Good morning, Commissioners. For the record, Nick Casalanguida. Commission, you tasked us a couple times to look at this project to see what we could to do to work things out to try and bring a positive solution to this intersection and the development community, see if we could coordinate something together. First of all, I'd like to, you know, thank the folks that worked with us on this, the county attorney, Jeff Klatzkow; Laurie Beard in the back; and my boss, Mr. Feder, with DOT. If it wasn't for everybody putting their heads together and scratching, we would not have corne up with a solution we think is viable. To give you an update on what we've done. We've added to the agreement the inclusion of donated right-of-way; we've provided for bus subsidies for a period of five years; we are going to put intelligent traffic management system at the intersections for part of the project; and last but not least, we are bringing $8.3 million of additional FDOT money to this proj ect for a total of almost $16 million, $16.5 million. What we did was we spoke with FDOT, Mr. Feder specifically, and looked at this TIP, their five-year project, and noticed that they had about $8 million of resurfacing dollars on State Road 951 south of U.S. 41. Where we've done some resurfacing with the Wal-Mart project, where we are doing this intersection partly with our current proposed project, we pursued DOT to have that included with our project and they have agreed to it. They mentioned it at Friday's MPO meeting, and we want to bring back a joint participation agreement as soon as they do the document. Page 75 April 14, 2009 I've asked the participants to provide documentation that the money is on hand. They provided letters of credit. Attorney Klatzkow wants to make a couple changes to the letters of credit to make them correct. I have letters from both attorneys that the escrow money is sitting in the bank waiting to be released. With that, I have some changes I need to make on file if you adopt this DCA, and I'll put them on the viewer. Instead of one business day, it will be five business days for us to clean up the letters-of-credit language and then to authorize me to sign a letter once the letters of credit come in the money's been wired over to let everybody know that the DCA's been fulfilled and to do any necessary budget amendments for me to recognize the funds and incorporate them in the project. That's the only changes in the recommendation portion. With that, I'll answer any questions that you may have. CHAIRMAN FIALA: Let's see. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Nick, how about explaining to us how this agreement will be consistent with our transportation concurrency program. MR. CASALANGUIDA: Sure. What we've done is we've done two things. Your intersections kind of guide the level of service on the roads and also the capacity on the roads adjacent to based on the number of driveways and trips in our trip bank is how we measure concurrency. As part of our Annual Update Inventory Report, we go back and we kind of cleanse the system. It's a day-to-day concurrency system, but it's also yearly we do an update to the checkbook where we look at what's been built, what's been -- fallen out of the system per se that hasn't been built. So we've done two things. We've taken actual counts in the last couple of weeks, and we've looked at our three quarterly counts, and everything that's been built we've taken out of the system. So Page 76 April 14, 2009 maintaining level of service C, by doing that, you're maintaining capacity on U.S. 41, and there's enough capacity to accommodate the developers. The intersection capacity by the project that we have proposed in front of you right now greatly improves the intersection. It takes it from FDOT's proposed PD&E one step further. We are actually making better improvements that take us to about 2025 with the intersection. So they've met the threshold test with everything we've done. Now, the addition of bus subsidies and the ITMS, the SCOOT system, are just a couple little bonuses that we started at the beginning of the negotiations that they've agreed to keep in there. That only gives us a little bit more of a comfortable feeling that we'll even have some better support to maintain concurrency on this proj ect. COMMISSIONER COYLE: You're not planning to start construction until fiscal year 2012? MR. CASALANGUIDA: 2013, sir. COMMISSIONER COYLE: 2013, okay. MR. CASALANGUIDA: That's right. COMMISSIONER COYLE: And you're going to be completing it when? MR. CASALANGUIDA: Probably be about an 18-month proj ect for an intersection proj ect. COMMISSIONER COYLE: Okay. So it will be completed before 2014? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Okay. Well, no. Mid 2014, end of 2014? MR. CASALANGUIDA: End of2014. COMMISSIONER COYLE: What is the contractor's construction schedule? MR. CASALANGUIDA: We don't have a contractor yet Page 77 April 14, 2009 because we're going to do a PD&E. COMMISSIONER COYLE: I'm sorry. The developer's construction schedule. MR. CASALANGUIDA: They're going to be free to go as they submit their money. And the first project that will corne online will be Lowe's. They're ready to pull building permits. I would imagine the rest of the developers -- I know Habitat is only looking at 30 to 40 units a year. I know that the Target site doesn't have any interest right now to develop, so it may take a year or two to develop that site, so it's going to be sporadic corning online. COMMISSIONER COYLE: So the developers are going to be phasing their projects in over the period of time? MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Now, let's presume that they -- that Lowe's begins working pretty quickly. Let's -- well, what would we estimate as a completion time for that, year and a half, two years? MR. CASALANGUIDA: A year, approximately, I would imagine for a Lowe's. COMMISSIONER COYLE: So Lowe's will be completed, let's say, sometime before the end of next year, 2010. Okay. You're not going to have the road project competed until the end of year 2014? MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: Now, tell me how you're meeting the concurrency requirements under those circumstances. MR. CASALANGUIDA: Two things, sir. With the reduction in the trip bank and the actual background traffic, right now they meet the concurrency requirements as it stands. So including those trips in. The second part of that is, a lot of your trip bank that's taking up that concurrency system, the paper trips, that one-seventh that we put in for, say, Fiddler's Creek or Lely, they're not there, sir, even though the board direction is to maintain a static one-seventh. So you have adequate capacity. And taking out the paper trips Page 78 April 14, 2009 that we have in the system pulls us into a real-time situation where you don't have a problem, sir, at that intersection. COMMISSIONER COYLE: Okay. So any interpretation of transportation concurrency will be based upon actual traffic being experienced during this period of construction by the developers, and because you have paper trips reserved, you're not going to run into a transportation concurrency deficiency during that period of time; is that a fair statement? MR. CASALANGUIDA: It's a fair statement, because upon signing this document, if the board chooses to do so, I will put all those trips from their development in the trip bank system upon that day, and they will be accounted for on day one. COMMISSIONER COYLE: Okay, all right. CHAIRMAN FIALA: Okay? COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Okay. Say that one more time. MR. CASALANGUIDA: When -- should the board choose to move forward and adopt this and this document becomes live upon submittal of the dollars within the next five days, their trips will be put into the concurrency system where I'll be putting -- each proj ect will be put into the concurrency system banked. CHAIRMAN FIALA: So does that mean then that they're automatically guaranteed -- MR. CASALANGUIDA: Capacity. CHAIRMAN FIALA: -- capacity? MR. CASALANGUIDA: Yes, ma'am. CHAIRMAN FIALA: Each of those that have bought their way into this? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER COYLE: And I just had one final question to finish up. What safeguards do we have to assure us that the construction budget will not exceed available funds? Page 79 April 14, 2009 MR. CASALANGUIDA: Sir, you never have the perfect safeguard. What we've done is that estimate that's been done by Stanley Consultant was at a high period using high estimates. We have $16.5 million of county money and FDOT money. In the executive summary I said about 1.5 million of contingency for the county . Weare optimistic that based on what we've seen for prices right now, if we're pretty aggressive, we can meet -- we can meet that target of 18 million. That doesn't mean in 2014 that if everybody lights up a construction proj ect at the same time we might not be experiencing higher prices. But I can tell you it's pretty extraordinary that we're able to get 8.5 million from DOT. The county may be looking at 1.5 to, I would say, a maximum of2.53 million of additional money in 2014. COMMISSIONER COYLE: And any shortfall with respect to those dollars will come out of Norm Feder's pocket, right? MR. CASALANGUIDA: Norm Feder, and I'm sure he'll make it corne out of my pocket if that's the case. COMMISSIONER COYLE: Yeah, okay, good. As long as the two of you share it. All right. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Nick, the $8 million resurfacing money, when do you anticipate that the road will have to be resurfaced and where would the money corne from? MR. CASALANGUIDA: They have -- in 2014 is in their budget, their fiscal year 2014, which starts in the summer of 20 13. That's when they would anticipate to do it, so that's when they think it needs to be done. We would include that resurfacing as part of our proj ect. So it would be done. That resurfacing that they're anticipating be done would be part of -- would be wrapped into our road project. So the resurfacing would be done and the intersection improvement in 2014. Page 80 April 14, 2009 COMMISSIONER HENNING: And you're saying with the intersection improvements, it won't anticipate to fail till 2020? MR. CASALANGUIDA: 2025. COMMISSIONER HENNING: 2025. MR. CASALANGUIDA: Right. COMMISSIONER HENNING: Now, what happens if the ones that dropped out of this consortium wants to -- MR. CASALANGUIDA: Corne back? COMMISSIONER HENNING: -- do a PBL (sic) or a plat or-- MR. CASALANGUIDA: At the time they submit, we would do that concurrency check like we would do with anybody else. So if they submitted an application, they would see how much capacity was left over. And if there was enough, they could move forward. If there wasn't, they would be in the same boat that these folks have been in for two years. COMMISSIONER HENNING: Well, you're actually adding capacity to it. So the ones that dropped out, was this their brass ring? Ifwe approve this and they say, oh, now there's capacity. Now all we have to do is pay our impact fees? MR. CASALANGUIDA: No, sir. There's probably -- when this is done, there will probably be 40 trips left over on 41, and they would consume much more than 40 trips. So they would have to be in that same situation again, the ones that dropped off. They'll be applying, we would do the background, the trip bank check, and whatever capacity was available they could apply for. COMMISSIONER HENNING: That 40 trips is, you're figuring it on as all the way out to 2025? MR. CASALANGUIDA: No, sir, just in -- just 40 trips as of today. That changes daily as part of what's left over. If another proj ect comes online for -- COMMISSIONER HENNING: Well, how many trips will you have after these, you know, Habitat and the commercial? How many Page 81 April 14, 2009 trips will you be adding less their impacts to the intersection? MR. CASALANGUIDA: There would be capacity after these -- if they all broke today and all came on today, there would be about 40 trips left over on 41. COMMISSIONER HENNING: I see. And then you're going to do improvements and add even more capacity? MR. CASALANGUIDA: Not to 41. This improvement is to the intersection alone, so there will be capacity at the intersection, and U.S. 41 will have about 40 trips left over, so -- COMMISSIONER HENNING: U.S. 41 east? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Now, the improvements that you're going to make, that's going to be for Collier Boulevard, 951 ? MR. CASALANGUIDA: It's going to be for about a quarter mile north and south of the intersection, and maybe a little less, maybe about a thousand feet east and west of the intersection will be the improvements. COMMISSIONER HENNING: Thousand feet. Just doing intersection improvements? MR. CASALANGUIDA: Yeah. It's a big one, it's an expensive one, but it's quite a big improvement. You're going to have a 60- to 70- foot median in anticipation of the grade-separate overpass when we're done. It's going to -- it's going to look vastly different than it looks today. COMMISSIONER HENNING: Well, as long as it meets our transportation concurrency, I don't have a problem with it. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. Nick, just to reiterate. You said that the state -- when is the state going to corne forth with the money? MR. CASALANGUIDA: They are drafting up the document as we speak. I asked them to get me a letter, if they could, today, and I Page 82 April 14, 2009 didn't get a call back, but they mentioned at the MPO meeting on Friday it's their resurfacing dollars, which is their safest pot of money, as they say, because their preservation is top priority for them. So we'll be back, I would imagine, within the next three board meetings, two board meetings, with a JP A committing that money in 2014. COMMISSIONER HALAS: They're going to commit the money in 2014? MR. CASALANGUIDA: Yes. COMMISSIONER HALAS: Okay. We're not getting a check then? MR. CASALANGUIDA: We'll have the dollars available to us in 2014, which will be July of 20 14. COMMISSIONER HALAS: Okay. The state has made commitments in the past where they were going -- MR. CASALANGUIDA: They have. COMMISSIONER HALAS: -- going to give us money for Davis Boulevard. What's to say that they -- they're (sic) going to renege on this one? MR. CASALANGUIDA: The money on Davis Boulevard wasn't an agreement. It was in their work program. They pulled it out. We currently have an agreement with the state for an advancement reimbursement for $20 million dollars on Davis. And in talking to Stan Kant and what I know about the state, they honor their agreements first and then they look at the work program second. So getting an agreement hard with them means a lot to them. What -- these are preservation dollars. These are the most sacred dollars they have. And it took some work for Mr. Feder and myself to kind of convince them it was the right thing to do, and they're committed to it. They realize -- COMMISSIONER HALAS: Well, they may be committed to it, but the state might end up pulling back that money. MR. CASALANGUIDA: They put in every contract that they Page 83 April 14, 2009 sign that if something catastrophic happens and they don't have the money, they don't pay you back. But they are committed -- they are committed to contracts up front to pay back first. And in discussions with the state, they're pretty comfortable these dollars will be there in 2013. COMMISSIONER HALAS: That's why they're charging us $1.25 a ton for -- to make sure that that money's there; is that what you're trying to tell us? MR. CASALANGUIDA: That's another discussion, sir. CHAIRMAN FIALA: We have two speakers. MS. FILSON: Yes, ma'am. Rich Y ovanovich. He'll be followed by Clay Brooker. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of the developers in the consortium. I want to thank you all and your staff for hanging in there with us to come forward with this agreement. There's only one other change that I haven't had a chance to point out to Nick. It's in paragraph 7. We just want to make the timing of all payments, the $3 million also on the fifth day after the -- to be consistent with what we just did on the letters of credit. Other than that, thank you for all your hard work. This is a win-win, we believe, for the community as well as the developments. And with that, if you have any questions regarding the agreement, I'm happy to answer them. Other than that, thank you for working with us. MS. FILSON: Next speaker is Clay Brooker. MR. BROOKER: Good morning, Commissioners. Clay Brooker, from the law firm ofCheffy, Passidomo here on behalf of Lowe's. Just very quickly, Lowe's supports this and would respectfully request that each of the commissioners support it as well. We're ready to go. Thanks. Page 84 April 14, 2009 CHAIRMAN FIALA: So Nick, does this agreement guarantee all of these participants the right to move forward and get permitting and so forth? MR. CASALANGUIDA: As soon as they provide the letters of credits and cash in our safe, our coffers, they get to move forward, ma'am. CHAIRMAN FIALA: Now say, for instance, in the case of any affordable housing and we're already on overload with affordable housing, and we're -- as you heard earlier in this meeting, we just don't feel, you know, there's a need for any more, and in that area, we're 40 percent affordable housing as it is of all the housing that's in that area, what happens if the statistics trip that up and you can't move forward with that; what happens to that? MR. CASALANGUIDA: They're part of the group, ma'am, if they pay their dollars and their letter of credit. I don't discriminate trips when I look at applications. I just look at what they are. I mean when I say that whether they're commercial or residential. I look at them as strictly a trip. So if they're part of the group and they fund, they provide me a letter of credit, which they have, then they would meet the conditions of the DCA and they would be allowed to move forward. CHAIRMAN FIALA: Even if they -- if they violate the state statute about oversaturation? MR. CASALANGUIDA: Ma'am, no. That's the one caveat, and I'll let Jeff jump in ifhe needs to. They only secure their capacity. If there is any other requirement, you know, landscape requirement, plat requirement, or something to do with some sort of zoning requirement, that would be a different issue. They have purchased roadway capacity by committing to make improvements or fund improvements, but they have not approved any of their zoning or anything else. If they have a plat that needs to be approved or some other document, they are still subj ect to those Page 85 April 14, 2009 approvals. MR. KLATZKOW: They're buying road capacity. That's all they're doing. CHAIRMAN FIALA: But he just said that they've also bought the right to move forward with their projects. MR. KLATZKOW: From a road capacity standpoint. For example, let's say that there wasn't any water in the area, they couldn't move forward, or any other numerous issues they might have, they couldn't move forward. This is just simply transportation concurrency. MR. CASALANGUIDA: It's transportation concurrency, ma'am. MR. YOV ANOVICH: If you'll let me. I've already had my time. But we talked about this. This is not guaranteeing anybody zoning. So if there's a parcel, and there is one, that has not been zoned, they still have to go through the rezone process, and that's where, I think the concern you raised, would surface, and this agreement doesn't get around that concern. CHAIRMAN FIALA: Okay. Commissioners, any other comments, questions, concerns, motions? COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion by Commissioner Coyle to approve, and the second was by Commissioner Henning. COMMISSIONER HENNING: And with the addendum presented by staff. MR. OCHS: Thank you, yes, sir. CHAIRMAN FIALA: And that's in your motion? COMMISSIONER COYLE: The recommendations presented by staff in the executive summary, yes, and this document, yes. CHAIRMAN FIALA: Okay. I have a motion to approve and a second. Page 86 April 14, 2009 Comment, Commissioner Halas? COMMISSIONER HALAS: I can tell you that the dealings that we've had then with the state in prior issues in regards to corning forward with the funding for road improvements in Collier County, I don't feel real comfortable with where we're at, but I will probably vote for the motion. And I just hope that when 2014 arrives that the money is there. I have a great reservation that the money's not going to be there, and I believe that it's going to be up to this county to make good in regards to those intersection improvements, and I don't think that the state's going to be able to uphold the commitments that they're going to address. CHAIRMAN FIALA: I think that we're all going to just have to remain in office till then so that then if they don't corne across with the money, we're going to -- COMMISSIONER HALAS: That's right. CHAIRMAN FIALA: -- go up to Tallahassee and -- okay. I have a motion the floor and a second. All those in favor, signify by saYIng. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) MR. CASALANGUIDA: Thank you, Commissioners. CHAIRMAN FIALA: 5-0. Item #9D DISCUSSION REGARDING THE RECOMMENDATION OF THE Page 87 April 14, 2009 PRODUCTIVITY COMMITTEE THAT THE BOARD OF COUNTY COMMISSIONERS EXPLORE CHARTER GOVERNMENT TO ACHIEVE SIGNIFICANT COST-SAVINGS THROUGH THE CONSOLIDATION OF MAJOR FUNCTIONS- AUTHORIZED THE PRODUCTIVITY COMMITTEE TO CHECK INTO IT - APPROVED MR. OCHS: Madam Chair, would you like to move back to 9D now? 9D is a discussion regarding the recommendation of the Productivity Committee that the Board of County Commissioners explore charter government to achieve significant cost savings through the consolidation of major functions. And this is Commissioner Coyle's item. COMMISSIONER COYLE: It's really a Productivity Committee's item. It appears under my name, I guess, because I'm the liaison for the Productivity Committee. But it really isn't a proposal that the board give guidance to pursue charter government. It is a request by the Productivity Committee to let them research charter government, gather information from other counties that have implemented charter government to determine if there are significant benefits to Collier County, and then corne back and report to us their findings. And then at that point in time, if the board feels that there is sufficient justification for pursuing charter government, the board can provide that guidance at that point in time. So I would suggest that we not have a long drawn-out debate about whether or not we're going to have charter government. The Productivity Committee is merely saying, let us go out and collect some information, bring it back to you and present our conclusions, and then you as the board can tell us what you want to do with it. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: And Gina Downs is here if you'd Page 88 April 14, 2009 like Gina to talk some more about -- CHAIRMAN FIALA: We have three speakers. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: And then -- COMMISSIONER COYLE: She's probably one of them. CHAIRMAN FIALA: I have commissioners, so -- probably one of them. COMMISSIONER COYLE: Yeah, okay. CHAIRMAN FIALA: Would you call the speakers, please. MS. FILSON: The first speaker is Harold Hall. He'll be followed by John Barlow. MR. HALL: My question is, why? In your workshop you had an excellent presentation. I forget the organization the lady's from, but she described the full process of charter government. One of the things that was pointed out -- and by the way, Commissioner Coyle made a statement that I think is sheer wisdom where it was pointed out that once the commission appoints -- you appoint a charter commission as they did in 1980, you no longer have any control over that. That is a legal entity all its own, your attorney will tell you, then they operate, and they bring this to the voters. Commissioner Coy Ie made the statement. I don't remember the exact words, but it was, you know, I'd like to know where I'm going before I start. COMMISSIONER COYLE: That's pretty good. MR. HALL: I wrote that down. COMMISSIONER COYLE: I'll autograph that for you if you'd like. MR. HALL: Okay. To begin with, we have a good county commission. I know of -- and I'm serious on this. I know of no -- I've been looking at this for many years. I know of no problem, no challenge, in Collier County today but what this commission can't adequately address and handle. Page 89 April 14, 2009 I think it's going to be like that for the next one or two elections or more. You folks have -- you've established some good patterns. I think those patterns are going to continue. I'm talking about governments now, the way you operate. . You have an excellent county manager. In my opinion, the most effective county manager since Harmon Turner. I worked directly with the first five and I was closely associated with the next two, and I followed the -- followed the performance of those up to Jim Mudd. In my opinion Jim Mudd is the most effective county manager since Harmon Turner, as I said. I really don't know why that you want the -- I don't know why the Productivity Committee wants to do this. I personally -- well, first the thing I like about them most is that, especially in prior years, couple years ago certainly, they brought to you some excellent things for you to think about out of the box. If they -- if they did nothing else, they -- I don't mean this to sound disrespectful, they forced you to think. They did a good job. Now, the one thing that they haven't done that I'm disappointed in, they really haven't addressed, that I know of, productivity or efficiency. Right in the division and departmental level, you really needed this. You desperately needed it last year because you had to make a lot of cuts. There was a place that they could have really done a lot of good for you. They are good people, but I hate to see you make a political action committee out of them. Keep them as a productivity or efficiency study committee. Thank you very much. MS. FILSON: Next speaker is John Barlow. He'll be followed by Gina Downs. MR. BARLOW: Good morning, Commissioners. For the record, my name is John Barlow. I support consideration of a charter petition and subsequent citizen vote on that at some point in time, and the reason that I do is I Page 90 April 14, 2009 believe that charter -- Collier government current design inhibits peak or optimal performance, keeps expenses too high, and slows down decision making. There have been a number of suggestions since 2004 for improvement to this process and why we need to make changes. What's been suggested really hasn't been very successful. From the presentation that the Productivity Committee made in June of 2006, our risks of our current silo organization, which are simply, there are different goals and agendas, they are competing for resources, there's contention and distrust, loosely coordinated actions and duplicative efforts, and we basically under leverage any economies of scale. We end up taking a pie and slicing it down into too many pieces. In an effort to increase the efficiencies, the Productivity Committee suggested at that time -- and here's another slide from that one, and I support -- that we establish as a county common goals. Employee levels of performance planning or setting objectives across the county government, measurements, and then a cost benefit analysis. That's a comprehensive analysis. To achieve these goals, I recommend we develop and place on the ballot a petition as soon as possible. Charter counties enjoy the strongest form of home rule. Charter counties can eliminate state and local tensions to some degree, although not completely, as well as tensions between local government and within our county government. The constitutional promise has fallen short because the local governments, however constituted, must still operate and often compete for a fixed limited revenue base. In June of 2006 the Productivity Committee presented its effectiveness in the efficiency report right here in this room. The study focused on three areas, human resources, information technology, and capital projects. Page 91 April 14, 2009 The report is available to you, and I would suggest that we refresh our memories on those because too little has been done in over three years, and we need to make progress, especially what I've heard today, regarding the upcoming revenue shortfall. Thank you for your time. MS. FILSON: Final speaker is Gina Downs. MS. DOWNS: I have no screen. There it is. Leo, I'm not getting a full screen. Now I am. Okay, thank you. The first chart is a list of the 20 counties who have adopted charter counties -- charter government and the year that they adopted them, the second column is the number of cities or municipalities within those 20 counties, and the last column is the population of those counties according to BEBR in November of '07 . You can see at the bottom they total about 12 million citizens. The Florida Senate Interim Report in October of '08 said that over 75 percent of Floridians are now living in a charter government. This ties back into your first chart of the 20 counties. That's the numbers across the bottom that correspond with your first table counties. You see down at the bottom, in 1957,42 years ago, Miami-Dade was the first Florida county to adopt the charter form. The red line that cuts across the middle is 1978 when the Florida citizens elected to change the state constitution to allow the full powers of charter government. Since 1978, 15 more counties have signed on to charter government. The most recent up here on the right in 2008 was Wauchula County. Since the year 2000, three counties have adopted charter government. Voters in all three of those counties approved the charter government the first time it was offered on the ballot. The question is, when 75 percent of the residents of Florida live in a charter government and we do not, are we missing an opportunity? Page 92 April 14, 2009 Over 14 million Floridians are living in a charter government. None of those have ever rescinded their form of government. Charter comes up for review, amendment, revision, every two to five years, depending on how the charter is written. I know of no instance in the great population of over 75 percent where they have even considered rescinding the charter. And I would agree with the gentleman that Jim Mudd is the best, but I would not agree -- I serve on the Productivity. I in no way feel like I'm part of a political action committee. I think we remain another set of eyes for the commissioners, an arm that does review and valuation. We look at the pros and the cons of every issue, and that's what we intend to do on charter government if you decide it should go forward. Thank you. CHAIRMAN FIALA: Now, to answer Hal's comment for me -- for me, thank you. I'm going to be calling on commissioners now, okay -- and that is, you know, I've never been a proponent of charter government. Too many times people have actually hurt a county by charter government, and I didn't like to see what went on there. But now that the state is trying to take over home rule and we're losing less and less (sic) -- you know, I feel we have done a great job in trying to do whatever we can to make this county better. We know the county better than anybody in the state does. Sometimes we don't even get cooperation from the state when we -- when we approach them and tell them things that we need, we don't even get their support. So all of a sudden charter doesn't sound as bad, and that's my reasoning behind it. Commissioner Henning? COMMISSIONER HENNING: Well, I think what I see that Tallahassee is trying to do is to cut revenues from local governments, and charter government, the ones that I've seen, Broward, Miami, Jacksonville, all of them have higher taxes than the noncharter. Page 93 April 14, 2009 So it appears to me it's a way to take more money from the residents with charter government. And the only recent charter governments that have been approved provide for term limits, executive administrator, and from what I talked to the residents out there, they would probably vote for something like that, term limits and salary caps and so on and so forth. So if that's the idea, I think that the voters would be in favor of it. But as far as raising taxes on the residents of Collier County, I don't think it's a good idea at all. CHAIRMAN FIALA: Gosh, I never even thought about raising taxes. We're-- COMMISSIONER HENNING: Well, Tallahassee, what I've seen they're trying to do is trying to cap spending from local governments. Now, this thing about this Senate Bill 360 that Bennett is doing, as far as, you know, infill and stuff like that, we wouldn't even qualify because it applies to communities that have higher level of populations. CHAIRMAN FIALA: But that isn't the only bill. Anyway, I shouldn't be communicating back and forth with you. Commissioner Halas? COMMISSIONER HALAS: Yes. I think this is the right direction that this county needs to go for the future. We need to only have one silo, instead of five silos, and I believe that what we can end up doing is we can actually consolidate a lot of the -- a lot of the things that go on in this county, and I think it's going to be a benefit on behalf of all the taxpayers in Collier County, and I think it's the right way to go. Weare going to have to consolidate, and I think we're going to have to address issues. And I think it's going to come up when we start discussing the upcoming budget. And everybody needs to downsize. And I believe if we have one silo, that's going to fulfill the Page 94 April 14, 2009 bill. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Hal, you're absolutely right. I was reluctant last time because I didn't know where the path was going to take us, and I said it exactly the way you remembered it. But something happened between then and now, and it's this financial crisis we have and the interest in state government of essentially closing down local governments. And I believe that local governments are the most responsive and most efficient form of government because they're closest to the people. If you don't spend your money properly, you know about it. You can sit out in that audience or watch on television and see the decisions we make about spending your money and you can throw us out of office if you don't like what we're doing. That's not something that should be managed from Tallahassee. Centralized planning didn't work for Russia, it failed in China, we wouldn't tolerate it in Washington D.C. Why Tallahassee thinks it's going to work for Florida is beyond me, but that's what they want to do. They want to control everything from Tallahassee. We might not be able to stop that even with charter government. But let me tell you that -- and I'd be willing to bet there's not more than three or four people in this audience who understand the structure of Collier County Government. Do you know that there are 20 different independent governmental agencies in Collier County each of whom, for the most part, has their own independent taxing authority? This Collier County Government deals with probably no more than 25 percent of your property tax. Somebody else gets the rest of it, and each of those organizations has their own board of directors, and those members of those boards of directors get benefits or they are paid for expenses, and some of them, like us, get paid a salary. There are three organizations in Collier County that own and Page 95 April 14, 2009 operate and maintain aircraft using separate procedures, separate organizations, separate contracts, Mosquito Control, the Sheriffs agency, and emergency services. Doesn't it make sense, perhaps, to consolidate things like maintenance for aircraft in Collier County, you know? Is that something that might save us money? So my approach here is, before where I didn't know where we're going, now we're faced with such severe financial circumstances that we don't have any choice. We have to find smarter ways of administering services in Collier County and using your taxpayer dollars. This has absolutely nothing to do with increasing taxes. It has to do with living on leaner budgets and working smarter. And I'm not sure that charter government will solve all those problems because the state legislature created all 20 of these independent organizations, but it certainly will focus attention on it and maybe we can get something changed. So I would be interested in gathering information to see what the Productivity can do for us and guide us in this thing, and we might say at that point in time, no, it's not worth proceeding, but let's give them a chance. CHAIRMAN FIALA: Is that your motion? COMMISSIONER COYLE: That's my motion. CHAIRMAN FIALA: Second. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Well, I'd like to second the motion if it hasn't been. CHAIRMAN FIALA: I did. COMMISSIONER COLETTA: Oh, you did? CHAIRMAN FIALA: Yeah. COMMISSIONER COLETTA: Okay, well. I'll tell you what, when it comes to charter government, every reason I heard here is the Page 96 April 14, 2009 right reason, except for the item that has to deal with taxes. I think if you do your research and you go back to square one, the taxes were high in those entities that were mentioned before because they don't have impact fees in place, because they don't have other entities in place and they -- they've always had high taxes. So I mean, that just doesn't hold water. The part I like best about it, and I mean the saving issues, as far as the saving of the dollars to the taxpayer, is very important. But the part I really like is the part that this is a citizens' initiative who can corne in at any point in time and change the way government's created in a meaningful way. You have to have a certain percentage that throw out a petition and be able to sign on, then it becomes a referendum on the ballot, and it becomes binding. Right now if we put a referendum on the ballot, that's only a straw poll. It gives us guidance, but it doesn't force us to be able to follow that direction, not that we wouldn't, but we wouldn't be obligated to. Also to also give you a very important thing, in the past, although the present commission seems to be in favor of the public at this point in time, there's been in the past some commissioners that were very much in -- disfavored by the public. This could give you the right of recall for reasonable reasons. And with that, that's the reason why I've been a support of charter government for over eight years. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, after the Productivity Committee does some study and we're ready for a report, can we have another workshop like we did before? I think that was just so productive of sitting down with this -- I mean, I'm hearing different things. I'm hearing you want to do just a constitutional. I'm hearing over there you want to do everybody. You know, let's get everybody in the room and start hashing it our. Page 97 April 14, 2009 And by the way, once you put it on the ballot, a referendum, we have no choice. It doesn't corne back to us to approve or disapprove. It is charter if it passes. COMMISSIONER COLETTA: Well, I trust the voters more than I trust everyone in this room. COMMISSIONER HENNING: Okay. Well, anyway. Can we do that? Can we do a workshop? COMMISSIONER COYLE: May I reply? CHAIRMAN FIALA: Yes, certainly. COMMISSIONER COYLE: You know, there's a -- I don't know what you're going to workshop at that point. You know, there's a very long and extensive process of public input and review before you can even get to the point of suggesting what a charter might include. And I think it would probably, a workshop with constitutionals and everybody else, would, for the most part, turn out the same way that the workshop for the consolidation of the fire departments has worked out. Everybody's going to protect their own turf. That's the way it's always been. That's the way it will always be in the future. The only way it will change is if the public, the voters, want it to change. And so I say, let's hold the workshops but let's hold the workshops for the public and -- because that's required by law, and I think that's the proper way to formulate the -- a structure for charter government. But we're getting way ahead of ourselves here. The Productivity Committee is merely saying, let us gather some information for you and present it to you. And if you'd like to proceed, then we can make those decisions. We can decide how we're going to proceed. We're going to decide whether or not we should proceed by establishing a charter commission or if there are other ways of proceeding. So we can begin to evaluate that. And I just think that's premature to do that right now. Let's give the Productivity Committee the responsibility to gather the information for us, make sure we'ren Page 98 April 14, 2009 properly informed about some of these things, then move ahead from that point. We can have the debate then. COMMISSIONER HENNING: Well, can we get analysis on other charter governments and how they reduced their taxes? COMMISSIONER COYLE: Well, I don't-- COMMISSIONER HENNING: I mean, I haven't seen any charter governments that have reduced taxes. COMMISSIONER COYLE: Well, you know, let's be quite honest about that. Do you know of anybody who has reduced taxes substantially over the past ten years? I mean, the taxes in the aggregate are much higher today than they were long ago because we have grown. You know, how do you deal with it on-- COMMISSIONER HENNING: But the whole emphasis is to save money, and I'm saying, this form of government that I've looked at haven't saved any money. CHAIRMAN FIALA: Well, let's -- we're going to -- we're getting into the full discussion and we're not even there yet. COMMISSIONER COYLE: That's right. CHAIRMAN FIALA: We've asked the Productivity -- or rather the motion on the floor is to ask the Productivity Committee to study this. And that motion has been seconded. Commissioner Halas? COMMISSIONER HALAS: I think we ought to just go in this with an open mind, don't -- don't draw any conclusions until that information comes forward. And I believe it's going to be beneficial for all of us. CHAIRMAN FIALA: Okay. So 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 COLETTA: Aye. Page 99 April 14, 2009 CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: That's a 4-1 vote. Thank you very much. Weare now breaking for lunch. MR.OCHS: What time would you like to corne back, ma'am? CHAIRMAN FIALA: What time would I like to corne back, 3:30. MR.OCHS: Okay. CHAIRMAN FIALA: What time do we have to corne back, 1:20. COMMISSIONER HENNING: Hey, four more minutes. Thanks, Donna. CHAIRMAN FIALA: Yeah, four extra minutes. (A luncheon recess was had.) CHAIRMAN FIALA: Welcome back. Hope everybody had a nice lunch. N ow we move into the land use portion of our agenda. Item #7A RESOLUTION 2009-99: ZLTRA-2009-AR-14174 MARIO CASTENADA REPRESENTED BY DWIGHT NADEAU OF RWA, INC., IS REQUESTING AN APPEAL OF ZLTR-2008-AR- 13025. THE APPLICANT PROPOSED TO OPEN A RETAIL CLOTHING STORE IN THE MIR MAR PUD (ORDINANCE NO. 98-72) BUT THE DIRECTORS FOUND THE USE WAS NOT ALLOWABLE PER THE GOLDEN GATE AREA MASTER PLAN AND THE MIR MAR PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLIER COUNTY. FLORIDA - ADOPTED MR.OCHS: Yes, ma'am. That would take us to 7A, Board of Zoning Appeals. This item requires that anyone who wishes to Page 100 April 14, 2009 participate shall be sworn in. It's ZLTRA-2009-AR-14174, Mario Castenada represented by Dwight Nadeau ofRW A, Inc., is requesting an appeal of ZLRT-2008-AR-13025. The applicant proposed to open a retail clothing store in the MirMar PUD, but the director found the use was not allowable per the Golden Gate Area Master Plan in the MirMar PUD. The subject property is located in Section 27, Township 48 south, Range 27 east, Collier County, Florida. MR. KLATZKOW: And this is a quasijudicial matter with ex parte communications needing to be disclosed. CHAIRMAN FIALA: Okay. Thank you very much. And so Commissioners, ex parte, we'll start with Commissioner Coletta, declare ex parte. COMMISSIONER COLETTA: Yes, ma'am. I've had meetings and emails on this item, also I believe I had a phone call or two in the past. But I met with Dwight Nadeau and his -- and the petitioners on, I believe, two different occasions, and that's what I have so far. CHAIRMAN FIALA: Very good. Commissioner Henning? COMMISSIONER HENNING: I met with Mr. Nadeau and the property owners and spoken to staff on this issue. CHAIRMAN FIALA: Thank you. And Commissioner Coyle? COMMISSIONER COLETTA: I have no disclosures for this item. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah, I don't have any disclosures other than the fact that I discussed this with staff and, of course, this has been before us a couple of other times. CHAIRMAN FIALA: Okay. And as far as I go, I met with Dwight Nadeau and the petitioners, and also I've spoken with staff on Page 101 April 14, 2009 this item. Thank you. And would you like to swear in the people who would like to speak. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Thank you. MR. NADEAU: Commissioners, good afternoon. For the record, my name's Dwight Nadeau. I'm planning manager for RW A. This afternoon I'm representing Mario Castenada who received the zoning letter, and we're appealing that on his behalf. In addition with -- in addition, Mr. Armando Cabrera and Maria Cabrera, the owners of the La Hispania II Shopping Center are also here where they're interested to see the disposition of our discussions today. I think that you have a great amount of detail -- detailed history in your executive summary about how the Randall Boulevard commercial subdistrict was created. In fact, the Randall Boulevard PUD was adopted prior to the adoption of the Golden Gate Area Master Plan, and subsequently in 1989 through 1991, the Golden Gate Area Master Plan was adopted that included the Randall Boulevard commercial subdistrict, which included those specific land uses that are in the subdistrict language and in the PUD. Subsequently, in 1989, I was representing a former landowner and doing a small-scale plan amendment to include this particular 2.3-acre property into the subdistrict. I also did the rezoning for the MirMar PUD, and it included those specific 11 land uses. N ow, the Estates commercial district -- the Estates commercial district includes five subdistricts: The interchange activity center, the Pine Ridge Road mixed-use subdistrict; the Randall Boulevard commercial subdistrict, which we're talking about today, the Western Estates; the commercial Western Estates infill subdistrict; and the Golden Gate Estates commercial infill subdistrict. Well, all of these particular subdistricts have a range of land uses that are included in the intent and purpose for criteria language of the Page 102 April 14, 2009 Golden Gate Area Master Plan. The Randall Boulevard commercial subdistrict has 11 land uses that are identified, and they're all C2 land uses or also land uses that are permitted in C3 sometimes with greater intensity. The 12th commercial land use is a shopping center. Well, the 10 -- the 11 land uses that are specifically identified could be stand-alone operations in their own individual buildings, or they could be aggregated into one building whether or not it was considered to be a shopping center or not. What I'm asking for this afternoon is a policy decision from the Board of County Commissioners -- Board of Zoning Appeals, I'm sorry -- with regard to the lack of clarity in the Randall Boulevard commercial subdistrict. The clarity is that what does shopping center mean with regard to other lands uses that may be contained within the Land Development Code, C 1, C2, C3 land uses. It's our position that based on the similarity of the land uses in both the C2 and in the C3 designation, we feel that the board could make a policy decision based on that term shopping center where a range of land uses to include C1, C2, and C3 may be provided for. This decision today could become effective immediately and allow the request for a formal interpretation from the planning zoning director wherein that formal interpretation could say that based on your policy decision the PUD may have these range of uses without having to amend the PUD. Your staff report leads you to such a type of conclusion. In the bottom of Page 3, it said, though we may find it undesirable today to have such a narrow listing in the GMP, it's staffs position that they need to follow the law. I'll paraphrase there. And that's accurate. They're doing a great job on setting forth what the law says, but they're also identifying that there could be a better way to say it. Staff, while they're suggesting making an amendment to the PUD or the Growth Management Plan, they're saying the staff does not Page 103 April 14, 2009 anticipate they would take issue in an amendment to broaden the use of the range of uses to be comparable to neighborhood center subdistricts. Well, the neighborhood center subdistricts do include the full range of C 1, C2, and C3 land uses. It's also important to note, too -- it's kind of ironic, actually, there is a 2008 Growth Management Plan amendment currently in process that's asking to expand the Randall Boulevard commercial subdistrict to go on additional lands further to the east, but they're also proposing to include limited C4 land uses. Now, that particular Growth Management Plan amendment won't be before you for transmittal hearings until probably the end -- the very end of this year, if not part of 20 1 0, and with the final adoption of those amendments, if they're successful, in probably January of 20 11. So it's going to be a while before you hear that, but we present this to you this morning, or this afternoon. And I'd be happy to answer any questions that you might have. CHAIRMAN FIALA: We'll move on to staff right now -- MR. NADEAU: Please. CHAIRMAN FIALA: -- and then any speakers, and then we'll ask for commissioners' questions and comments. MS. ISTENES: Good afternoon. Susan Istenes, zoning director. I'll try to keep this brief because I understand, of course, you do have a lot of backup, so hopefully it was all clear for you. But what we are really here today to do is to decide whether or not a clothing store is a permitted use in the MirMar PUD per the current PUD ordinance which was adopted in 1998. And interestingly enough, in 1998, Dwight was the representative for the applicants for projects, as he mentioned, and I was actually the principal planner who handled this proj ect. And I would kind of describe it as a no-brainer because -- and, in fact, I didn't even remember that I had done it because the PUD itself adopted very specific sets of land uses. And there was no negotiation, Page 104 April 14, 2009 there was no discussion, there was no debating compatibility analysis, the GMP had been set, and the PUD simply mirrored the language in the GMP as far as the land uses go. The only outstanding issue I recall, and back when I reviewed the minutes, was that there was some transportation issues. I'm not entirely sure of the status of those today, although I did confer with Norman Feder, who explained to me that there would be some future improvements to that whole intersection there of Randall and Immokalee Road. So I'm not entirely sure how the PUD plays into those plans. And if you have further questions on that, I'm sure he could probably elaborate. It's interesting though that some 11 years later Mr. Nadeau should infer that it's proper and to ask you now to make a policy decision to include and expand those land uses to allow those uses in the -- up to the C3 zoning district without amending the PUD. And although the future land use designation of this property remains the same today as it was back then, I guess I just don't quite understand how it wasn't a problem back then, but now suddenly there needs to be a shift in policy. As I reported to you last time we discussed this issue, to amend the PUD requires an amendment to both the GMP and the PUD. As Mr. Nadeau pointed out to you and as I found out approximately a week ago, I've been made aware that there is a petitioner who has submitted an application for a GMP amendment in this area and has requested that the area encompassing these two PUDs, the MirMar and the Randall Boulevard PUD, want to incorporate it into a neighborhood area subdistrict, which would then, if approved, resolve the Growth Management Plan conflict with this proj ect. That being said, if it was approved, then the petitioner would then come in and amend the PUD to make his PUD consistent with the Growth Management Plan at that time which would then, the thought Page 105 April 14, 2009 is, allow the uses C 1 through C3 or even limited C4, depending on how the board -- and if the board approved the amendment to the GMP. I'm strongly recommending against the policy decision that Mr. Nadeau suggests that you make. It really is contrary to the requirements of the Land Development Code and the GMP. It is really the equivalent of amending the PUD without a public hearing. I can appreciate that the petitioners in these hard times may have lack of money or lack of business, although when I did go out there I only saw one vacant storefront from the outside, which tells me they're probably doing a little bit better than the folks in the urban area where I see many vacant storefronts. Nevertheless, I'm really not blind to the current economic conditions here, but the proper thing to do, really, is to amend the PUD and the GMP as well. Mr. Nadeau suggested an official interpretation should you care to make a policy decision, and I would certainly entertain discussion on that matter as well. But my position is, essentially, the MirMar PUD spells out the exact -- all the land uses that are permitted within it in the ordinance, and to deviate from that by a policy decision would be contrary to the Land Development Code. It requires an amendment to the PUD. The PUD is 11 years old. The subdistrict is 20 years old. I think we can kind of all see the handwriting on the wall. It's antiquated and dated and needs to be brought up to the current demands of the community at this time but through the appropriate public hearing process. Thank you. CHAIRMAN FIALA: Thank you. Do we have any speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay, fine. Then Commissioner Coletta, you're the first one. Page 106 April 14, 2009 COMMISSIONER COLETTA: Yes, if I may, I'd like to make a motion that the BZA find that the director's findings are inconsistent with the LDC, GMP, or the PUD for the use to be allowed, that BZA establish policy that with all of the specific land use permitted in the Randall Boulevard commercial subdistrict being C2 land use and that all C2 land use would be permitted through the interpretation that the shopping center land use is to be a catchall for all of the C2 land uses that are not listed. This policy decision would become effective immediately and would allow for the Hispanic II Shopping Center to achieve a greater occupancy than is presently possible. And this is a one-of-a-kind exception to what's been out there before. But it kind of brings everything together rather than putting the petitioner through a long, arduous process when business is at an all-time low to be able to accommodate people in the area that are looking for these services. COMMISSIONER HENNING: I'll second that motion. I want to further have discussion on it. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: And Commissioner Halas, you're next. COMMISSIONER HALAS: I think Commissioner Henning was next. CHAIRMAN FIALA: Actually, I don't think so. I've been writing them down, sorry. COMMISSIONER HALAS: Okay. I'm sorry. I had some questions, and that is, it's my understanding this PUD was approved back in 1989; is that correct? MR. NADEAU: Yes, that's accurate, Commissioner. COMMISSIONER HALAS: Are the same -- does the same owner own this PUD as who owned it back in 19897 MR. NADEAU: My clients at the time of the rezoning were not the -- the Cabreras with me today. Page 107 April 14, 2009 COMMISSIONER HALAS: Okay. So obviously they bought this from somebody else; is that correct? MR. NADEAU: Yes, sir. COMMISSIONER HALAS: Then did they do due diligence and understand that there might be some shortcomings in this PUD at the time that they bought this? MR. NADEAU: I would imagine that they certainly would have COMMISSIONER HALAS: And when did they buy this PUD? MR. NADEAU: I honestly don't have that information. It was a year after the zoning in '99. COMMISSIONER HALAS: In '99? MR. NADEAU: Yes, sir. COMMISSIONER HALAS: If they realized there was some shortcomings at that time, was there any movement on their part to come before the board or to put forth the PUD amendment? MR. NADEAU: At the time, Commissioner, they were focused on getting a building up. There were some difficulties getting the building up and some financial hardships. They were just happy to have the opportunity. But as they found through the years that they were severely limited by those specific land uses, they then began, about three years ago, trying to pursue opportunities to expand the land uses in the PUD outside of the formal zoning process. COMMISSIONER HALAS: I guess what I meant, that they realized that there was some shortcomings when they purchased it. MR. NADEAU: I would have to assume they did. COMMISSIONER HALAS: Okay. And here we are 2009 when they bought it in '89 or whatever, '90 -- MR. NADEAU: Ten years ago. COMMISSIONER HALAS: -- yeah, about ten years ago, that we haven't done anything about it. I have some concerns because I'm just wondering if we're going Page 108 April 14, 2009 to open up Pandora's box in regards to, if we approve this, if this is just the start of -- because everybody's going to be coming back and saying, you know, we've got some hardships, we've got some problems here. I think all of us have got hardships and problems here. And I guess one of the things that concerns me -- and right now I'd like to ask staff in regards to item number 11, which is one of the 13 uses, it says shopping centers, or shopping center. When this was proposed, what was the reference to shopping center? What did this really mean? MS. ISTENES: I'm going to answer briefly, but I'll-- if David wants to -- David Weeks wants to add to that, I'll certainly let him step In. Well, why don't I do that now. I mean, no sense in double-talk here. MR. WEEKS: David Weeks, planning manager in the comprehensive planning department. Commissioners, at the time when the Growth Management Plan was amended as well as when the original PUD was approved back in 1998, the zoning ordinance in effect at the time listed shopping center in the C2, C3, C4 and C5 zoning districts. The definition of shopping center really is not -- was not and is not today an actual use. It has to do with the type of structure, the type of aggregation of uses. There are a number of uses within a single building or at that time also included the square footage of the building. So it's a -- it has to do with the structure itself and the aggregation of uses, not as a use as you typically think of, such as a retail store or an office or so forth. And the application of shopping center under that 1982 zoning ordinance was that whatever zoning district the subj ect property lies within, the shopping center could have a mixture of uses from that zoning district. So, for example, if your property was zoned C5, you Page 109 April 14, 2009 could have a shopping center with all C5 uses. If your property is zoned C3, you could have a shopping center with C3 uses. You could not, however, in that C3 zoning district, reach over and grab uses from C4 or C5 and bring them into your shopping center. And the staff position here would be, in this PUD, there's a limited number of uses, including shopping center. So what uses are allowed in that shopping center in this PUD? Only those land uses, those 11 or 12 land uses in this PUD, not those from some other zoning district. COMMISSIONER HALAS: So when you say shopping center, it encompassed these 12 items that could be put in there? MR. WEEKS: That is correct. COMMISSIONER HALAS: So it didn't say anything about a dress store, right? MR. WEEKS: That's correct. COMMISSIONER HALAS: Okay. And if it was a shopping center and if you had listed it, you could have put a bar in there, right? If it was -- if it was -- if somebody looks at this and says, it's just a shopping center. And so, maybe under the shopping center we ought to include other items, but it's very specific what you can put in here, because you don't have anything where you can put a bar in there, okay. You can't put an adult bookstore in there, right, or can you? MR. WEEKS: That's wide open, Commissioner, because if we're going to step outside of shopping center as a structure and treat it as allowing uses beyond those listed in the PUD, then the question is, where do you reach to? What zoning district are you going to take the uses from and what's the rationale for doing so? COMMISSIONER HALAS: Would a bar be considered as C2? MR. WEEKS: Yes, sir. COMMISSIONER HALAS: Okay. Would an adult bookstore be considered C2? MS. ISTENES: A bar would be C4, I believe. I'll look it up, but Page 110 April 14, 2009 it's drinking establishments. At a minimum C3, but definitely not C2. COMMISSIONER HALAS: What about an adult bookstore? MS. ISTENES: Probably C5. COMMISSIONER HALAS: Okay. What about tattoo parlors? MS. ISTENES: C5, I believe. C4, C5. C4 at the lowest. COMMISSIONER HALAS: Okay. I guess where I'm going with this, you have to be careful what you wish upon when you say a shopping center, and that's why when this PUD was drafted, it was specific to what you could build in this C2 shopping center; is that correct? MS. ISTENES: Our position is, it was specific to those uses listed in the PUD that are before you and that shopping center could only encompass those uses in a collective group. COMMISSIONER HALAS: What other things could you put in here if you didn't have this item number 11 saying shopping center? What else could be included in this? MS. ISTENES: Only the uses that are listed. So if you remove shopping center, it's not really going to have an impact. To me, shopping center is somewhat meaningless. As David pointed out, and I concur with it, it is not a land use designation. It is simply a description of land uses and the land -- and shopping center is qualified by the list in the PUD. So you can't, as David pointed out, can't reach out to another zoning district and include it just because it says shopping center. COMMISSIONER HALAS: Just for my own satisfaction, would a strip mall be considered a shopping center? MS. ISTENES: It's a form of a shopping center in some cases if it meets the criteria. The criteria changed. There's a square footage criteria, and I believe it was 20,000 at one point, now it's 25-, but -- COMMISSIONER HALAS: So if they want to include other than this, you're saying the proper way to do this is to get an amendment to the PUD; is that correct? Page 111 April 14, 2009 MS. ISTENES: Correct. It would be an amendment to the GMP and an amendment to the PUD. What I pointed out is, there is an amendment that potentially is coming before you to include this property, thus making -- if approved, thus making the property eligible to be rezoned to include the uses they're asking for today. COMMISSIONER HALAS: So what you're telling me then is that the petitioner today is asking us to approve a GMP amendment and approve a PUD amendment basically so that they can go forward with something else that's other than what's listed here at the present time; is that correct? MS. ISTENES: Indirectly, yes. I mean, in a nutshell, our position is, you can only have the uses listed in the PUD. I mean, that's our position on every PUD. It's no different. COMMISSIONER HALAS: So they're coming before us and saying that we need to do this immediately, and we need to make a change prior to it going through the normal process; is that correct? MS. ISTENES: Correct. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN FIALA: Okay, my turn, okay. I just have a couple fast questions here -- questions myself. First of all, that was interesting that they're already going through the process to amend this. And what -- the confusion I had was, again, shopping center. And I looked at what they said on Page 3, and it said that this property already had the following businesses: Real estate office, which isn't listed there but could probably be grouped under shopping center, office, possibly that could be professional offices, florists. There is no florist here, but possibly that could be under shopping center; express shipping business. Again, there is nothing for express shipping business, but maybe post office you could put it under, I'm not sure; truck parts and tire store. Well, that isn't really an automobile service station, but maybe -- you know, maybe it could be under shopping center; and business center, I'm not quite sure what Page 112 April 14, 2009 that would fall under. So being that I have a lot of questions about what all these fall under, I would think shopping center, which probably included most of those, could also include a dress shop, especially because we're going to be moving forward and having this whole PUD modified to include it anyway, and it seems that that's a reasonable way to go in my opInIon. And we're trying right now to rescue businesses and encourage business, and I -- and here's a business willing to go forward, already spent $70,000 trying to get there, and I'm saying, let's go for it. Commissioner Henning, you're next. COMMISSIONER HENNING: The -- what's interesting is in the GMP under Golden Gate Master Plan for the subdistrict, 1 through 13 on Page 2 are the same, and shopping center is in there. The ironic thing, when the PUD was -- when it was rezoned based upon the Growth Management Plan, shopping center was one of the uses. And the ironic thing is -- because I looked at the backup material of that year, and nobody had a problem. Everybody said it was consistent with the Growth Management Plan. So now we're here questioning shopping center. And I agree it's not a use, but I -- I think the shortcoming comes from the county not identifying in the Land Development Code what is shopping center and the uses, because if we -- we put it in here. I think Commissioner Coletta's motion is very conservative because the Growth Management Plan for Golden Gate says that commercial activity centers shall be comprised of C 1, C2, and C3 uses. But it's his district, and I'm not going to argue with putting another commercial district into his motion. I'm going to support the motion because I think it's the right thing to do. You know, if it was inconsistent to have shopping center in the uses back in the '80s or '90s, they should have said so and it shouldn't be in there. Page 113 April 14, 2009 CHAIRMAN FIALA: Okay, thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I cannot imagine what harm would result by putting a clothing store in this shopping center. There are already other uses -- there are businesses right now that do not appear on this list of approved uses. So it's been happening for a long time now. I can't -- I can't see the harm in permitting it. The -- there's only one concern I have, and that is the statement under legal considerations that says the Board of Zoning Appeals may not deny the zoning letter unless it finds that there is no substantial competent evidence to support the denial of the proposed use. Well, of course, staff has substantial competent evidence to show that it is inconsistent. It does not appear on the list of uses. So how do we deal with that, County Attorney? MR. KLATZKOW: Well, that just comes out of your code. It's not an opinion that we just took out of there. That comes out of the LDC itself. Look, at the end of the day if you believe that the proposed uses that Mr. Nadeau is bringing forth is consistent, the shopping center has some meaning to this, then Commissioner Coletta's motion is appropriate. If, however, you believe at the end of the day from staffs point of view that shopping center is really not a use, it's just a descriptive term that these other 11 uses could be put into, then you vote against the motion. COMMISSIONER COYLE: Well, you know, I'm looking at it from the standpoint of service to the public. I see nothing wrong with having a clothing store in this building to be -- to serve the public. It just isn't inconsistent with anything else. And I would have to support it, but my only, only concern is that we're doing it without the public hearings that we would generally hold when we're changing the zoning on something. That's my only reservation here. Usually we try to get neighborhood input. We'd like Page 114 April 14, 2009 to hear what the neighborhood has to say. But of course, this is advertised right here, and I don't see any neighbors here. So I have to assume that no one objects to this. And purely from an intuitive standpoint, it seems to me that a clothing store would be a logical thing to include in a neighborhood shopping center. So I can't -- I can't fail to support the petitioner's request here in this case, although I understand -- I believe you said to us that we're going through the process of changing this already. MS. ISTENES: There is a private amendment that has come in and has recently -- in that area, and then has recently requested to include these two properties that make up this subdistrict in that amendment. That's not set in stone, and there's no guarantee you're going to vote to transmit it and then later vote to adopt it. I'm just letting you know as a -- what the status is today of that. I will comment on one thing. I think one of the shortcomings of the PUD and why I'm really trying to encourage a PUD amendment, besides the fact that it's lawfully required, is that the list of uses is very restrictive, and from a compatibility standpoint, Commissioner, you're correct. A shirt shop has no more impact than a drugstore. In fact, it probably has less. So there's no compatibility issue there in my professional opinion. We're hamstrung though by the list of uses there. I think staff has tried their best to kind of dovetail uses in where they might fit within that list of permitted uses. So that goes to your concern, Commissioner, is, you know, to the extent we feel we can legally defend our position to allow a use, the staff has been attempting to do that. Tome that sends a bigger picture message, and that is, this is an older PUD in a very old subdistrict, and it's time for an amendment and time to bring it up to current standards, and that is through the public hearing process. COMMISSIONER COYLE: Well, I guess my bottom line is that Page 115 April 14, 2009 I think you have substantial competent evidence to issue the ruling you've issued; on the other hand, I think that no harm will come if we permit them to use this as a clothing store. But I, too, would feel comfortable if we proceed with the PUD amendment and the Growth Management Plan amendment. But in the interim, I think they should be permitted to use it for the purpose they've specified. CHAIRMAN FIALA: Thank you. And Commissioner Coletta, wind this up. COMMISSIONER COLETTA: Thank you. And Commissioner Coyle summed it up quite well. And I just wanted to give you a different light on this whole thing. I must be getting old, because I was here for the original hearing. I can very much remember what took place, and at that point in time it was what tenants they had available to go in the building. It was very shortsighted on their part, but the shopping center inclusion in that whole thing, I think, covers a bunch of problems that may exist. I think we're dealing more with technicalities than we are with the actual law itself. We heard from the county attorney that if we proceed with my motion, that it will do no harm. So I don't know why we're taking this thing and dragging it out so long, and I kind of hope that we can reach a conclusion on it that will be favorable for the petitioners so they can get on with their life and be able to open that business for the -- what's available out there to be able to benefit the people that live in that area. CHAIRMAN FIALA: Thank you. Oh, looks like Commissioner Halas wants to say something. COMMISSIONER HALAS: Yep. I would hope that if this does get approved, can we have some assurance that the owner of this PUD will come forward to get this PUD brought up to date? MR. NADEAU: Commissioner, I -- during my presentation I offered two options, one being the simplest and does have the public Page 116 April 14, 2009 involvement, and that would be a formal interpretation of the Randall Boulevard -- of the -- excuse me, of the MirMar PUD. Ifwe -- if you're gracious enough to grant the appeal today, I would use that policy decision to request a formal interpretation to use those land uses that are being specified in the policy decision. That is an advertised item. There is public notice around the subject property. It's less than having to go through a formal PUD amendment where we would be making changes to the text. It would be a separate instrument. But if my -- and we'll follow a publicly vetted process, but I would have to defer to you as the board to give me direction on the process to follow, whether it must be -- may be a minor amendment to change language, or if I can follow through with a formal interpretation which, of course, if the staff doesn't agree -- and we haven't even approached that yet -- that also is appealable to this board. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I think that what the motion is is to interpretate what shopping center means and -- of a use in the subdistrict. Correct me if I'm, Commissioner Coletta, but that's what I understand on it. And, again, I think Commissioner Coletta's motion is very conservative. The Golden Gate Area Master Plan is very clear about uses and all the other ones. So you're not getting what you may be duly noted to get, but if you -- if you want that, go through a PUD amendment. COMMISSIONER COLETTA: But I wouldn't make it a requirement. In other words, what I have before this board right now I think should stand as is rather than a precondition that you have to come back and do another motion over the top of it. Now C2 is not -- and C2 is not intrusive upon that neighborhood, or I would never be agreeing to it. If you feel that C3 or C4 might be appropriate, then come back for the plan amendment. Meanwhile, let's go to the county attorney. Page 117 April 14, 2009 MR. KLA TZKOW: Just for clarity, because I've heard a lot of different things. My understanding of your motion, sir, is that you're interpreting shopping center to include C2 zoning, and that's both for the PUD and for the Compo Plan, and so that if this motion's successful at this point in time, that shopping center can do C2. COMMISSIONER COLETTA: C2. MR. KLATZKOW: C2. MR. NADEAU: Without? MR. KLATZKOW: Without anything else. We're done. COMMISSIONER COLETTA: Yeah, you're done. You don't want to make it any more difficult or drag them through any more -- incur any more expenses for the petitioner. MR. NADEAU: Thank you for that, Commissioner. CHAIRMAN FIALA: With that, I will close the public hearing and call for the vote. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Wow, that's a 5-0. That's pretty good. MR. NADEAU: Thank you so much, Commissioners. CHAIRMAN FIALA: All right. Item #10A DIRECTED STAFF ON THE PREFERRED PROCESS TO BE USED TO ADMINISTRATIVELY EXTEND THE SUNSETTING DA TE FOR ALL PUDS THAT HAVE SUNSETTED OR THAT Page 118 April 14, 2009 ARE APPROACHING ITS ESTABLISHED SUNSETTING DATE- APPROVED OPTION #4 MR. OCHS: Commissioner, that moves us to county manager's report. First item, 10A, is a recommendation that the Board of County Commissioners direct staff on the preferred process to be used to administratively extend the sunsetting date for all PUDs that have sunsetted or that are approaching its established sunsetting. And Mr. Joe Schmitt will present. MR. SCHMITT: Good afternoon, Commissioners. Joe Schmitt. COMMISSIONER COYLE: Motion to approve alternative four. COMMISSIONER HENNING: Second. MR. SCHMITT: Super. COMMISSIONER COYLE: We will just read what four is and let -- and get on with it, all right. MR. SCHMITT: I'm glad you read the executive summary, and I was going to go right to the four alternatives. It's basically an ordinance to toll all active PUDs, that -- there's a draft ordinance in your agenda, and that's in response to basically the dramatic decline in development and development-related activities and, in an effort to stimulate a recovery, declare by ordinance to lawfully toll the clock for a recommended 24 months for all active PUDs. And I note the word active because I don't know if we can do it for PUDs that have already tolled. And I think that's something between -- Jeff and I and Susan will have to discuss, but limited to active for now. COMMISSIONER COYLE: That's my motion. CHAIRMAN FIALA: Okay. We already have a motion on the floor by Commissioner Coyle and a second by Commissioner Henning. Go ahead, Commissioner Henning. Page 119 April 14, 2009 COMMISSIONER HENNING: The -- let's talk about inactive PUDs. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: Is that the ones that the board has already deemed to be -- they have to go through the process again, or is that the ones that went through the two -- MR. SCHMITT: Extensions. COMMISSIONER HENNING: -- extensions and they -- they can't come back? MR. SCHMITT: That's correct. An inactive PUD would be exactly what you said, the latter, which have had a seven-year -- whatever procedure it was, it was a total of seven years to begin their proj ect. Seven years have now gone by. They've either had one or two extensions, but no more than seven years. They do not lose the zoning, but in order to have a local development order issued, they would have to come back and do an amendment to the PUD. COMMISSIONER HENNING: Well, let me ask you, out of the ones that don't have any more extensions, any more lifelines -- let's call them lifelines. MR. SCHMITT: That's good -- a good analogy. COMMISSIONER HENNING: The -- are any of those, would you consider, are not -- haven't moved forward because of the economic conditions? MR. SCHMITT: Most of those that are, in fact -- of course, most everyone out there are not moving forward strictly because of no development taking place. COMMISSIONER HENNING: Well, just the ones that are inactive. MR. SCHMITT: Inactive. COMMISSIONER HENNING: Right. MR. SCHMITT: There's a lot of reasons for inactive PUDs. They've not gone anywhere as far as interest. One will come to mind, Page 120 April 14, 2009 and which was a large PUD, but really a DR!, but Sabal Bay, some other proj ects out there, for whatever reason, have gone nowhere and have not gone through the required development criterias established in the LDC, and their sunsetting date has already come about. They've already been declared sunsetted. And if your intent is to avail this opportunity to everyone, then we would have to draft the ordinance to say -- as a way to activate those and move those -- all PUDs two years out. COMMISSIONER HENNING: Well, I don't want to do that to the ones that came to the Board of Commissioners on the summary agenda and said, okay, this is sunsetted. They don't have any more lifelines. MR. SCHMITT: No, that's different. Those are closeouts. We've -- that's a closeout ofa PUD. We're actually closing out a PUD and declaring it built out or closeout where no local development orders would be allowed. COMMISSIONER HENNING: No, no. I'm not talking about that one. There are some that -- I mean, Mirasol is -- MR. SCHMITT: Mirasol is a great example. COMMISSIONER HENNING: That example we said, no, you've had too much time. Go through the process again. But there's also been on our summary agenda, Marcelli PUD, I think it was. We said, no, we're not going to do it anymore. And there's one over there by Golden Gate High School. Those are the ones that I'm saying we shouldn't do. But the ones like the Sabal Bay, that's most definitely the economic conditions. MR. SCHMITT: The one you mentioned over at Golden Gate, is that the commerce -- or the Collier Boulevard mixed-use commerce center, which is still an active PUD? COMMISSIONER HENNING: No, no, no. It was a -- it wasn't a multi use. It was multifamily. And Garret Richardson, Garret Byron? That's the one we said no, you have to -- you see what I Page 121 April 14, 2009 mean? MR. SCHMITT: Yes. COMMISSIONER HENNING: The Sabal Bays and all the others is definitely economic conditions, and it's my opinion that they should be told they'll be given other lifeline, or whatever you want to call it. CHAIRMAN FIALA: I like that term. COMMISSIONER HENNING: Move it forward. It's all about the economics, you know, why -- MR. SCHMITT: I understand. I guess I just need guidance on what to bring back. Do we include all PUDs or -- COMMISSIONER HENNING: I don't know how anybody else feels. MR. SCHMITT: -- those that are deemed still active? COMMISSIONER COYLE: I think that's the key, if it's an active PUD. If it's inactive, it's inactive because the owner or developer hasn't done anything for seven years. MR. SCHMITT: That's correct. COMMISSIONER COYLE: And that's not because of recent economic activity. MR. SCHMITT: One would conclude, yes, it would not be. COMMISSIONER COYLE: That's right. So I would suggest we go with your recommendation to toll all active PUDs. If they've already been sunsetted, then they're not active and they would not be tolled. I mean, the problem here is, that if we just include all of these old PUDs, you know, there's going to become a -- we're going to get to a point where we've got to update those things -- MR. SCHMITT: That's correct. COMMISSIONER COYLE: -- to current standards, and we just cannot let -- let this apply to expired sunsetted PUDs. MR. SCHMITT: And that was your intent many years ago to get these PUDs in front of the board to get them updated and to have them Page 122 April 14, 2009 to be consistent with current regulations, whether in the GMP or LDC. COMMISSIONER COYLE: That's right. CHAIRMAN FIALA: I agree. COMMISSIONER HENNING: Speaker. CHAIRMAN FIALA: We have one speaker, thank you. MS. FILSON: Yes, ma'am. Rich Yovanovich. CHAIRMAN FIALA: Rich Y ovanovich. MR. SCHMITT: He doesn't want to snatch victory from the jaws of defeat or -- MR. YOV ANOVICH: Defeat from the jaws of victory. MR. SCHMITT: Defeat from the jaws of victory, okay, there you go. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second to approve option number four. 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. MR. SCHMITT: If I clarify then that it won't be this following this board meeting because we'll have to advertise. It will probably be -- so it's at least -- at least a meeting -- at least four weeks from today. CHAIRMAN FIALA: Okay. Thank you very much. Item #10B Page 123 April 14, 2009 AWARD BID #09-5199 INCLUDING ALTERNATE NO.1 FOR CONSTRUCTION OF PALM RIVER ESTATES UNIT 5 N-S STORMW ATER IMPROVEMENTS, PROJECT NO. 510301, TO STAHLMAN - ENGLAND IRRIGATION, INC. IN THE AMOUNT OF $348,269.11 PLUS A TEN PERCENT CONTINGENCY AND APPROVE NECESSARY BUDGET AMENDMENT - MOTION TO APPROVE W/STIPULATIONS: PUT UP A FENCE AND ACCESS GATE (AND TO CHECK AND VERIFY EASEMENTS) Item #6E PUBLIC PETITION REQUESTED BY WILLIAM MCDONOUGH, ESQ. DISCUSSING THE PALM RIVER ESTATES UNIT NO.5 NORTH/SOUTH STORMW ATER IMPROVEMENTS (THIS ITEM TO BE HEARD IN CONJUNCTION WITH ITEM #10B.) MR.OCHS: Madam Chair, that takes us to 10B, recommendation to award bid number 09-5199, including alternate one, for construction of Palm River Estates Unit 5, north/south stormwater improvements, project number 510301, to Stahlman England Irrigation, Inc., in the amount of$348,269.11 plus the 10 percent contingency, and approve necessary budget amendments. Jerry Kurtz, principal proj ect manager with your stormwater section, will present. MR. KURTZ: Good afternoon. Jerry Kurtz, principal-- MR.OCHS: Excuse me, Jerry. I'm sorry. Madam Chair, I also should add this, that item is being heard in conjunction with Item 6E, which was a public petition request from Mr. William McDonough on behalf of several of the residents out there. And I note that again for the record, that 6E is to be heard in conjunction with this item. CHAIRMAN FIALA: Thank you, Mr. Ochs. Page 124 April 14, 2009 And Sue, could you also tell me how many speakers there are on the subject. MS. FILSON: Six. CHAIRMAN FIALA: Thank you. MR. KURTZ: Good afternoon. Jerry Kurtz, principal project manager with your stormwater management program. I'd just like to quickly provide you a brief background of the project and show some photos of the area and be available to answer any questions. This is a recommendation -- it's a recommendation to award the construction bid for the project. The total amount is 383,000, and that includes a 10 percent contingency if we -- for unforeseen items that might occur. It also includes a bid alternate for some landscaping in the amount of$13,000. And I'll clarify the landscaping components for the proj ect in a moment. In the late 1990s and early 2000s, we had several years of above-average rainfall, and significant flooding resulted, especially up in this area of town. Where we're at is we're north of Immokalee Road, Palm River area. This -- this area was called the North Livingston Road basin area. About the same time as the flooding events occurred, the plans for the Livingston Road to extend north of Immokalee up to Bonita Beach Road were in the works, so we knew we needed to master plan the area for stormwater management. This map indicates the study area that we finally defined. The red line shows the limits of the basin. That's a watershed area within a larger Cocohatchee River basin. Everything's flowing north to south in this area. Note the project location of this particular project with the blue strip. It's a piece of our overall system. So we began the water management study. The study was done by Camp Dresser & McGee, our consultant, and we identified several areas of problems and things that needed to be fixed up there. Page 125 April 14, 2009 It took time to get to where we are today, but we've been carrying out the plan, and we've completed four -- three projects, and this will be the fourth project in the area. This is a large area. It's 4,000 acres inside that red line, and actually at the top end of the blue line, the north end of the blue line, drainage from approximately 1,300 acres of land comes that way from the north to the south. So zooming in on the location, the red projects are completed projects, and the blue project is our subject project. This current project, as well as the red projects that have been completed, are designed to addressed water management concerns in this community as well as the adjacent communities, as this is part of a regional network of drainage facilities for the area. I want to show you one more map. This is a piece of our county's drainage map that's on our website. Again, I'm zeroing in to the particular piece that's a subject property and just to show you the network of the drainage in the area and how the water flows. At this point it can go west out to the tidal areas of Wiggins Bay under U.S. 41. It can also go south and then west where it enters into Palm River and then down into the Cocohatchee River. We'll zoom in a little closer. Our proj ect is going to be carried out within the highlighted area. This area is a 50-foot drainage easement. It was created when the development was platted in 1972. These are the old development plans for the area. It's basically the same map there, but this shows the detail of the -- what's planned for the 50-foot wide easement. It's an old drawing, but it does show a pretty significant ditch in the middle of the 50-foot-wide drainage easement, and it was referred to as section BB, and those plans were more or less final and things were built by 1979. Today what we'd like to do in that 50-foot easement is rebuild the drainage ditch. And this is our detail for rebuilding that ditch. There's a lot of features here I'd like to point out fairly quickly. This detail Page 126 April 14, 2009 was actually a result of looking at quite a few alternatives. We worked with a lot of ideas there and decided that this was the best configuration that we need to put in that area to reconstruct the ditch. And we went through quite a process. We studied the area. We met with the neighborhood on two open neighborhood meetings. We did various wildlife survey of the area. We staked the area as part of the public meeting process so that everybody could see the exact location. I want to point out on the -- to the left of this detail there's planned to be a flat area, just a graded flat area where we're reinforce under the ground so that it can be used to maintain the ditch. The ditch there, the two square boxes are gabions. It's a rock-filled basket, and what that does is it shores up the slope so that the slope will never erode again. One of the problems out there is a pretty badly eroded slope. These gabions are 3-foot by 3-foot, and that sets the limits of the ditch, and the ditch will be 5 feet deep or 5 feet wide, and that's a 3-foot height on that gabion basket, and then that will allow us to cut the slopes back in a nice gentle slope of three or four to one. The other thing I want to point out on the right-hand side of this slide is the landscape alternate that's in our plans. Because we have to do a significant amount of clearing in this 55-foot drainage easement, we have included this landscape hedge. It's a 5- foot native hedge. We feel that we're putting it in -- it could be put in a good spot to allow us to not interfere with any of our maintenance or any of our flow issues that we might have. And what I'd like to do now to clarify, I can show you some photos of what this design looks like. The slide on the right is -- in the neighborhood we built this design, and that's what it looks like. The gray rocks are the gabion baskets, in the center is the channel. That channel's a little bit wider. I believe it's 8 feet wide. In this case it will be narrower,S feet wide. And what you're looking at there is the flat graded area which is reinforced underneath, we sod over the top of Page 127 April 14, 2009 it, and our trucks can go up and down through there for inspection, spraying, whatever is needed, and it's working out fairly well. The shot on the left is what existed there before. And for a lot of the same reasons is -- we'd like to go forward with this proj ect. You can see we were having trouble maintaining what was there and really needed to be cleaned up. All those weeds present a lot of friction and can slow the water down tremendously. In these next few slides I'd like to show you what we've done in other areas, all in that Palm River area. This is Cypress Way East right where the drainage kind of turns into the Palm River. We're looking west. The shot on the left is the before situation. And when we got done, the shot on the right. This is another area very close by. This was the degrading culvert pipes under Cypressway East. They were rusted and the road was collapsing. We took them out, and we replaced them with a one single CON/SPAN culvert. And this is also one of the projects I showed you on the other map in the red that we've completed. And here's one more. This is the northernmost project. This is the proj ect that goes in between Palm River and Imperial. Again, on the left is the before. Very hard to even see the ditch. Completely overgrown. We were unable to access this ditch for quite a few years, so it got overgrown and the concern is with all that vegetation in the water. The ditch -- there was a fairly significant ditch there, but with all that overgrowth, we worried that the water can't pass through there when we need to pass it through. So on the right is what we constructed, and we're very confident this will be a great facility for our flood protection system. So the next two slides show the subj ect ditch. The slide on the left is the south end looking north, and the slide on the right is the north end looking south. So with our improvements on both sides, this is sort of the ditch in between that needs our attention today. Page 128 April 14, 2009 And I want to give another -- two more looks at it. This is kind of midway, and this is what really stepped up our desire to complete this job. When we first started, we hadn't really walked every square foot of the project, but when we got to this project kind of in the center, when we went in between people's houses and really walked around, we found areas of the bank that were shored up by sort of makeshift retaining walls, and they're just on the verge of caving in. And our experience is that this will cave in when water's rapidly flowing, trying to get out through there in the rainy season. And when that happens, a dam could form, and it could be a real problem for -- not so much the neighborhood right there because they're fairly okay in their drainage situation, but the water would back up if the dam formed there. And the problem is is we can't immediately go in and take it out. It's the worst time, so we have to let it play out until the storm stopped, and even for the recovery period. So this was of great concern and it really made us try to move this proj ect forward more so than when we started. Again, I'd like to say we worked with the community. We had some issues. This project will impact the immediate community. Talking approximately 40 homes; 20 on one side, 20 on the other. It is currently a buffer between homes in the area. We held two meetings. We held a third meeting, Commissioner Halas did, with representatives of the community, went over all the details again, tried to look at how -- what alternatives we could incorporate into the proj ect. Residents expressed a lot of issues with the project, and we've tried as best we could to address everybody's Issues. And again, the landscaping element I need to clarify. It's in the bid, so we know exactly how much it will cost to add the landscaping, and that's in response to try to restore some of the vegetation that will have to be removed. It will be all the way at the property line, so it Page 129 April 14, 2009 will be right there in between the two adjoining properties all the way to the east side of the ditch. And the way it's offered to you for your recommended (sic) for approval would be that the homeowners, if they choose to have the landscaping installed along their property, we have the unit price. We can go forward with that, but it would be at the owner's expense. And we have some prices, about what that would equate to per owner. I believe it depends on the lot widths. The widths vary a little bit. I think the prices are 600 to a thousand dollars would be the cost to install that hedge along each property owner's. It varies. I think there's four or five different widths of lots, but we have it all worked out. We've had a very hard time maintaining this stretch of ditch. It was maintained last year twice on a six-month cycle, but very difficult. In fact, in talking with the maintenance crews, they would drag a hose in between houses to get to points, and they'd spray a little bit in there. Hard to get debris out of there. In fact, at one point the hose pumping the herbicide broke on a side yard and it spilled out into the yard and it killed the lawn, so we had to replace the lawn. I just bring that out as a point of -- another reason why we -- our -- if we can get in to reconstruct the ditch from top to bottom, it will give us a way to enter in at the bottom, drive along through, do what we have to do, and drive out the north end and be gone. And, again, there's the recommendation. So with that I'm ready to hear questions and comments. Thank you. CHAIRMAN FIALA: First I'm going to call on our speakers. MS. FILSON: Okay. Ms. Chairman, I have six speakers. First one is Bill Hunt, and then I have three speakers who want to yield to another one, and I'll read their names off when that comes up. Is that fine? CHAIRMAN FIALA: Okay. MS. FILSON: Mr. Hunt? Page 130 April 14, 2009 MR. HUNT: I didn't expect to be the first one, but I do thank you for the opportunity to speak to you. My name's Bill Hunt. And by the way, I'm not an engineer and, Commissioner Coyle, I'm not an attorney either. COMMISSIONER COYLE: Good. We won't exclude you. MR. HUNT: But once again, thanks for the opportunity. My interest is as a property owner. I bought my property in '78, and I've lived there ever since. What brought me to Palm River was the natural appeal of the beauty of the community, the fact that it was considered to be kind of a state-of-the-art community then. It had underground utilities, lighted streets, nice streets, long setbacks from the property. It was a nice piece of property, not gated, but nice, and a good quality. And to this day a lot of those attributes still survive. And my only concern is that we're going to make every effort we can to preserve those attributes and not destroy some of the natural beauty that we see in that buffer zone. And you know, I can remember when that was just a ditch that was dry at the dry season, you walk across it. And you could walk from my property line over to Golden Gate Estates and not cross one asphalt path or see one man-made structure. So again, my main concern is that what we look at is using -- using the same spirit that government employees, when they request that a private property owner try to retain the foliage that's on the property when they develop it, replace it when it's appropriate. And, you know, we're on the flip side of the coin now, and I'd just like to see that that matter's attended to. I'm not asking that the project be ended. We see the need for it. And, again, just hoping that we'll see a practical application for our interests. Thank you. MS. FILSON: Okay. Ronnie Trifelos, George Trifelos, Gregory Turner, all yielding their time to -- MR. TURNER: May I ask this? If Mr. McDonough, ifhe gets Page 131 April 14, 2009 his ten minutes -- do you need more than your ten minutes? I would like my three minutes then if he doesn't need my minutes out of his ten. Last name is Turner. Ifhe doesn't need my three minutes, I'd like to speak. MS. FILSON: Oh. CHAIRMAN FIALA: Sure. So you all -- MS. FILSON: Okay. Mr. McDonough. CHAIRMAN FIALA: -- ceded your time to whom? MR. TURNER: William McDonough, the -- pursuant to 6E, public petitioner. MS. FILSON: Yeah, Mr. McDonough. CHAIRMAN FIALA: Okay, very good. And he will get 12 minutes. And what he doesn't use, then the Hunt (sic) can -- COMMISSIONER COYLE: Ten minutes. MS. FILSON: Ten minutes. CHAIRMAN FIALA: Well, he has three people yielding to him, and he's also signed up? MS. FILSON: Yes. CHAIRMAN FIALA: So that's four. Three times four is 12. Okay. COMMISSIONER COYLE: He only needs ten minutes. He said he only needs ten minutes. CHAIRMAN FIALA: Okay. Come on up. MR. McDONOUGH: I only need ten minutes. CHAIRMAN FIALA: We don't want to waste your time. MR. McDONOUGH: Can I stand over here next to the proj ector? CHAIRMAN FIALA: Sure, sure. And then ifhe -- and then you still want to speak as well. MR. TURNER: Yes. Ifhe needs my three minutes, I will yield them. MS. FILSON: So I'll put down as 12. What he doesn't use, I'll Page 132 April 14, 2009 give to Mr. Hunt (sic). CHAIRMAN FIALA: Sir, are you a registered lobbyist? MR. McDONOUGH: No, ma'am. I'm just -- I'm an attorney with the law office of J.F. Cook, PL. COMMISSIONER HENNING: He's getting paid for this. CHAIRMAN FIALA: Yes. MR. KLATZKOW: I think afterwards we could have him register with the clerk. We've done that in the past. CHAIRMAN FIALA: Well, we'll need you to do that. MR. McDONOUGH: Okay. That will be fine. CHAIRMAN FIALA: Okay, thank you. MR. McDONOUGH: First, thank you very much for this opportunity to speak to you today. My name is William McDonough. I am a real estate state attorney with the law office of JF Cook, PL. Our office represents several property owners who will be affected by the Palm River Estates unit number 5 north/south storm water improvements project with project number 51031. Our clients have very strong objections to this project and have asked that we present these objections to you today. But prior to -- and these objections will come within four different categories. But prior to speaking about these objections, I'd like to give the commissioners a petition objecting to this project signed by 60 property owners within Palm River Estates and 20 of which are property owners which are directly affected by the project. The first of our category of objections is essentially that there are many negatives to this project from property owner's standpoint. The first is that it destroys the habitat that's on the property, including all the trees, the shrubs, the birds, et cetera. And I have a picture, and I think it reflects some of the pictures that were previously shown. And I guess for the record I can just call this picture number one. Essentially that's a -- this is the current condition of the property. As you can see, there's a lot of vegetation, and if it's possible to take note Page 133 April 14, 2009 of the gradual slope on the sides of the current condition of the property . The second picture I have is also probably another picture that was shown earlier. It is the picture taken during the construction phase of the project directly -- located directly to the south of the subject project. It essentially includes the clearing of all of the vegetation as well as the gabion baskets, which we'll discuss in a little bit. So essentially -- essentially what this project does is not only destroy the habitat, but it decreases the privacy and security that are afforded by the current condition of the property. With regard to the privacy, as you saw, you know, it will require the removal of a lot of vegetation, some 20, 30 feet tall. There's pine trees, there's palm trees. There's a lot of it there, which creates a solid buffer between the homes within Palm River Estates and the homes within Quail Crossing. The next is, it decreases the current level of security that's provided by the condition of the easement. And with security I'd like to show the -- I guess this is a -- an illustration of the project, and I guess we saw this earlier. It requires a 12-foot -- excuse me -- a 16- foot stabilized surface which is essentially going to be a sodded roadway, as well as the installation of these gabion baskets. Now, the issue with the roadway is that -- well, the association, Palm River Estates, is not a gated community, which means that anybody who is driving along Immokalee, if they had the intention, could drive from Immokalee through the community and enter onto this roadway with the intention of maybe, you know, stealing something from any of these homes. They can pull up right behind the homes, and the homeowners have a significant problem with the security issue. The next and probably the most important of the -- within this category of negatives to the project is that it creates a hazard on the Page 134 April 14, 2009 property. I guess it's important to note that this easement is not located in any agricultural land or industrial land. It's actually located between 40 -- behind 40 residential homes. And what do have you within residential homes? You have children, visiting grandchildren. And as we know previously there was -- and currently, there is a gradual slope in the easement. And now, with the installation of these gabion baskets -- and it's difficult to tell from this -- thank you. It's difficult to tell from this photo, but that's actually a 3- foot drop, and it's a hard fall for a child. I was out there on Saturday, and looking at it. And on the one hand, it is a hard fall, and the second, it may be near impossible, once they have fallen in, to climb out of that canal because it's -- you know, it's a vertical -- it's going to be a vertical drop. So, you know, we contend that this certainly creates a hazard on the property. The last of the negative attributes to this proj ect is -- and it actually includes all of the previous negatives, destroying the habitat, decreasing the privacy, decreasing the security, and creating a hazard, it will certainly, most certainly, decrease the property values of the homes for which the easement is located on. The next category of objections is that there's really no reasonable necessity or imminent necessity for the project. The current drainage was designed for a category five hurricane's capacity and works and has worked without significant problems for the last, you know, approximately 35 years. And our engineering -- in our engineer's opinion -- I can give this to you -- I seem to have misplace it; however, it was done by Gregg Jeppesen with Jeppesen Engineering Corp, and he essentially said that this new proj ect will result in a 10 percent decrease in the water conveyance capacity of the easement -- excuse me -- of the canal. Also, in a meeting last Thursday with stormwater management staff they were kind enough to hold with us, we essentially conceded that if current drainage is properly maintained, it will provide adequate Page 135 April 14, 2009 drainage. The third category of objections is that it would certainly cost a lot of public funds at a time when the county budget is very tight. So we would like to be able to, you know, talk about that a little bit more in a further meeting, which I'll request later on in this speech. The fourth category of objections is essentially legal arguments. We contend that this project exceeds the scope of the intensity of use that was contemplated of the parties during the creation of the easement in 1972. Pursuant to this, we have a letter drafted by Bob Forsythe, who was the architect on the project during the 1970s. And if I can -- I guess I can show you the top portion of that letter with the letterhead. And also, if you -- if you'll go to Page 2, it essentially says that from our initial concept in part of Palm River, we agreed that we would provide an easement for drainage. But we also envisioned it as part of the natural landscaping. To me, the vegetation behind his house today is not only beautiful but much like we hoped it would be. It also provides privacy from the houses to the east. From his picture the ditch looks to me like it is still capable of handling a lot of water. Okay. The second argument we would have is that if the stormwater management section insists on proceeding with this project, it may constitute a taking under the Florida -- under the Florida constitution. And if it does, then that would require the payment of full compensation, and full compensation in Florida includes not only the actual value of the property taken, but also it includes the depreciation of the portion of the property that remains. So this could be very expensive. The fourth legal argument that we have is essentially, we don't have -- we're not convinced that the county has the necessary permits to perform this project, because I guess it was demonstrated to the Big Cypress Basin/South Florida Water Management District, that this is essentially a maintenance project; however, the project requires the Page 136 April 14, 2009 installation of this stabilized surface as well as these gabion baskets. And we do contend that this is a construction project, although the end result may be better maintenance. The current project is a construction proj ect. Now, essentially we can -- you know, the county owners are very upset and they -- we can afford to be -- I guess it's possible for us to be very pugilistic at this point in time; however, that is certainly not our primary goal. We want to establish our position so that we can ask the commissioners to essentially allow us to further conversations with the stormwater management section so that we can come up with an alternative strategy, find a middle ground, and allow everybody to have their concerns satisfied. The stormwater management section wants to have proper access to the easements and the storm -- the property owners are very concerned about the maintaining of the habitat as well as the maintaining of the property values. We do believe that it's possible to find a middle ground, however, we have -- we just need more time. Essentially what we need is 60 to 90 days to continue conversations with the stormwater management section so that we can come -- you know, have some very constructive conversations. And we'd also like to ask the commissioners to really ask the -- direct the staff to have these real conversations with us and allow us to find better alternatives to suit everybody's concerns. So in conclusion and for the reasons we've articulated, we request that you disapprove this agenda item or, alternatively, and at a minimum, table this agenda item for 60 to 90 days, which will allow our clients to continue to work with the storm water management section to come up with an alternative proj ect design that will achieve the desired result from a stormwater management standpoint and to prevent the destruction of the natural habitat currently existing on the property, as well as prevent a significant decrease in our clients' property values. Page 137 April 14, 2009 Thank you very much for your time. I certainly appreciate the day. MS. FILSON: There's 21 seconds left out of his 12 minutes. CHAIRMAN FIALA: But he used 12 minutes so there's -- and he asked for four people, right? MS. FILSON: Yes. CHAIRMAN FIALA: So we still have enough time for this gentleman. MS. FILSON: And then I have an additional speaker. CHAIRMAN FIALA: Oh, besides this gentleman? MS. FILSON: Yes. CHAIRMAN FIALA: Oh. Would you like the 21 seconds? MR. TURNER: I don't know if there's much I can say in 21 seconds. I would need at least a minute or so. COMMISSIONER COLETTA: He just said it. COMMISSIONER HALAS: Did he sign up before it was started? MS. FILSON: Yes. COMMISSIONER HALAS: How about the other one, the last one? MS. FILSON: The last one, yes, he signed up ahead of time. Glenn Stevens. MR. STEVENS: I'll try to be brief. And if there's any time left over, could I give it to my neighbor? My name is Glenn Stevens. I'm a resident of Palm River Estates. I do not live in the property area that we're talking about in this presentation today. I live across the street. I'm a member of the board of the Palm River Association, although today I'm speaking independently; however, I've followed this issue since its inception, and so I feel rather well informed but also very strongly about the rationale for taking a different course. My feeling is that we need to look for some kind of compromise, one that will meet the needs and interests of the county quite clearly, Page 138 April 14, 2009 and more importantly, from our perspective, the needs and interests of the property owners. No one is questioning the motives and the work of the water management folks. They're a fine professional staff and they're doing their job; however, it is the contention of the property owners that the scope of the proposed project is excessive and will have a significant negative impact on their property values, as has already been alluded to. Moreover, the project as currently designed will fundamentally and permanently alter the landscape in this particular area. One might also argue that the ecological impact, even though some work has been done on that, could be also significant. According to the best available evidence, there has never been any flooding in this area. You've heard that testified by Bill Hunt, who has lived in the area for some 30 years. Water flow does not seem to be a problem. Could it be? Yes, that's possible. But at present, this is not an issue. Consider also that the original intent, as you just heard, when this property was developed, the whole plat was developed, was to create a natural buffer in the area. If that wasn't a matter of record as testified to by the architect, the original architect, one could say that that's just another easement and the county can do what it wants to with that easement; however, we do have a different history and this has -- this condition has existed for well over 30 years. Now, to, in one fell sweep (sic), to simply radically alter this area, we think, would be unjustified. In short, we really feel that the intent of the original developers and the value of using this easement as a natural buffer had value then and is just as relevant today. The action that we are suggesting is to postpone the project with an expectation that the county officials and the property owners could come back with a plan which does more effectively meet the interests Page 139 April 14, 2009 of both parties, one which is much smaller, safer, less intrusive, and hopefully far less costly. Thank you very much. CHAIRMAN FIALA: Thank you, Mr. Stevens. MS. FILSON: That was your final speaker. CHAIRMAN FIALA: Thank you very much. MR. TURNER: May I have my 20 seconds just to put -- CHAIRMAN FIALA: Take your 20 seconds. MR. TURNER: Twenty seconds. My name's Gregory Turner, for the record. And I just want to bring to light the letter that we received from the county at the start of this project, and I only want to quote one section of it, and it says, the proposed design will be presented to the owners during a future scheduled meeting to seek their support of the project. Should the majority of the owners not support the project, the budgeted stormwater improvements will not be constructed and the funds will be redirected to other stormwater projects. What happened? That's all I want to know. What happened? CHAIRMAN FIALA: Thank you. MR. KURTZ: Could I answer that? CHAIRMAN FIALA: Yes. MR. KURTZ: That letter was our first notification to the neighborhood. It was a letter sent out basically saying what we -- we've been working in the area. We would like to come into this area now to begin our valuation and study. And honestly, when we sent the letter, we had no idea the condition that the ditch was in. We hadn't walked the whole ditch and surveyed it and studied it. So we were real optimistic that we were entering into a proj ect that could be optional, and that was in September. That was before all the public meetings, before our survey, before any of our evaluations really began beyond what had previously been done in the watershed study. So what we saw made us change our opinion fairly quick and Page 140 April 14, 2009 we brought it to light in the first public meeting and the second public meeting. So that -- that's the answer there. If I could take just another minute. I'd like to -- this project is unique in that it impacts the neighborhoods, the affected people, 40 people, 40 homesites, but it's -- it has the characteristic of regional drainage coming through the neighborhood. There's a whole bunch of affected people to the north. It's a regional draining system in a neighborhood. It's not totally unique to Collier County, but that's what we're dealing with here. We need to understand that if we don't come in and make this improvement, we need to notify people to the north that there's one segment that we weren't able to improve and hope for the best when the storm season comes. And the other thing is, the -- I didn't zoom in on the original 1979 development drawing. It showed a ditch with 10- foot bottom width with very steep side slopes, and if you did the math and surveying, it would impact 35 feet of area in ditch alone. Our ditch proposed, because of the gabion baskets, it constrained and making the best possible use of a smaller area, just what we need to convey the water that we need to provide the flood protection for a large area. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I understand the concerns that the families have there that live there and -- but I have to look at the project overall, the benefit of everyone up in this neck of the woods. This drainage area's all the way from Lee County south into the Cocohatchee River, actually into the Immokalee Canal, and et cetera. I was quite taken by the fact that when we started looking at this project, I was asked to go for a walk through this area after it had been staked out. One comment that was made -- and I want to get that on the record at the point in time -- is that the attorney that's representing Page 141 April 14, 2009 these homeowners said that there is a taking of land. Is that true? Are we exceeding the easement that is considered county property? MR. KLATZKOW: Commissioner, I directed Heidi Ashton to double-check that we're okay on this. We're going to assume that we are. If for some reason we are not okay, we'll let you know. But we will be checking this out as soon as this meeting is over. COMMISSIONER HALAS: Okay. Because I have concerns if we're taking property on there, if there was an easement -- MR. KLATZKOW: We're not going to go beyond our easement rights without it going back to the board. COMMISSIONER HALAS: Okay. The -- when I -- so I'll go back to where I was when the stormwater group had asked me to walk that whole canal. I was quite surprised of the -- what's laying in the bottom of what is there at the present time. There are trees, there are branches that are down that are obstructing the water flow -- if you could bring that one picture up -- and there was a couple of locations on the bank where we -- that the neighborhood has tried to shore up. And if you look at the -- what we presently have there -- keep backing up, go forward. There it is right here. If you look at the collapsing -- where it says collapsing retaining wall, I believe there is another section of this canal that also is -- has the same problem, and there was a concern about young children that could fall into this updated canal. If you look at where we're at here, I would not only fear about the collapse of this thing if we have a storm event, but I would be concerned about a child playing along the edge here. I think what we have in mind is that we want to construct a slope, a three- to-one slope, which, it will end up being a lawn. There is the possibility of the neighborhoods, if they'd like, they can -- we have shrubbery planted on both sides. And then it will be left up to them to take care of that. Page 142 April 14, 2009 Right now what we have here is a situation that if we do have a heavy rain event, you can see that the shoring up that neighbors have tried to do in this drainage ditch, I've got real concerns about that, and damming up this particular ditch which then has an effect that's north of this. And I understand the concerns about back in 1972, but we've had a huge amount of growth take place up in the North Naples area whereby we had a lot of area that is now an area where we can't absorb a lot of water, and so it's become impervious, especially with all the homes and commercial that's been built up in that area and also the road network. So there's a lot that -- when you look at the big picture, we really need to address this issue. And if -- what stormwater has brought forth that this is the last of trying to complete a co-complete drainage system. And Commissioner Fiala, I think you realize the problems that you have in the LASIP area. CHAIRMAN FIALA: Yes. COMMISSIONER HALAS: And we've had issues with the neighbors down there the same as we have with the issues here up in North Naples. But the overall effect that the reason that nothing has been done for 35 years is that we had no stormwater authority. And starting about 2004, we were able to institute a stormwater authority, and we need to make sure that we don't have any flooding issues. And I believe that there were some flooding issues up in the North Naples area above the Palm River area where there were some areas that were flooded out, and maybe staff can give me -- update me on that if I'm incorrect on that. MR. KURTZ: Imperial -- Imperial Golf Estates, which is the community just north of Palm River, tremendous flooding issues up there. You've got water coming down from, as you said, Lee County, Page 143 April 14, 2009 the Mediterra development. If you just follow this subject ditch due north, it just goes into a more larger ditch system for quite a distance, and in some points water sheet flows into this ditch, so -- and then the big storm events, when the ground is saturated -- takes a while for the ground to get saturated, but once it gets saturated, it starts flowing at a pretty good clip. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Yes, Commissioner Halas. In response to what you had just mentioned about our Lely Area Stormwater Improvement Project, one of the things that we had to do, probably more extensive than you guys will have to ever deal with, but in the Queens Park Community -- I don't know how many homes were affected there, maybe 60. I can't tell you how many. Anyway, they had an 80- foot easement on their property, not 50-foot, 80-foot easement. But they'd lived there 20 years. Nobody ever thought -- they'd planted all kinds of gorgeous trees and they had little structures built and, you know, and outdoor barbecues and everything, and our people then said, we need to do a stormwater improvement proj ect in this area, and we're going to come within 10 feet of your back porch and -- because we already -- we have the right to -- now, these people bought those 80 feet, but we had an easement on them. They all knew it, by the way. And they just -- it was just -- it was a devastating blow for them, at the same time they were saying, well, we never flooded, but everybody upstream did flood. And it was a tremendous process and painful to put the thing in. By the way, nobody's property values dropped. And they took a real positive attitude on it. They've now got -- they've got waterfront property instead, and that's what's happened. It wasn't shaped the same way as this because it's a much larger project. But I know what you're talking about, and it was tough for them too, but at the same time it affected a lot more people than just them. And they've -- and they were concerned about security, that was Page 144 April 14, 2009 a big thing, and privacy. It just opened them up to everything, and they were across from -- oh, across from some low-income housing and some mobile homes and things like that, and they were very concerned. But what they did was they've planted trees on their property. They can't plant on the county's maintenance roads and so forth, but they've put some things together that shielded them and protected them and actually, other than things that we've had to do to finish the neighborhood off, I haven't had any problems with it now that it's done. Commissioner Henning? COMMISSIONER HENNING: I know that we have an airport authority, I know that we have a housing authority. Who's this stormwater authority Commissioner Halas was mentioning? COMMISSIONER HALAS: Well, stormwater -- we have a stormwater authority that I think we put together or a stormwater group to address the issues that we've had for 35 years. CHAIRMAN FIALA: Stormwater management maybe? COMMISSIONER HALAS: Yes, yes. COMMISSIONER HENNING: You mean the stormwater management department? COMMISSIONER HALAS: Stormwater management department, yep. COMMISSIONER HENNING: I just didn't know if something -- I missed a meeting. CHAIRMAN FIALA: We didn't want you to know about this. COMMISSIONER HALAS: Yeah, there was a secret meeting. COMMISSIONER HENNING: Just like supporting or making legislation in Tallahassee, you know. I didn't know anything about that, but I know others did. Commissioner Halas, this is your district, you know it, you walked it. Page 145 April 14, 2009 COMMISSIONER HALAS: Yep. COMMISSIONER HENNING: What is your recommendation? COMMISSIONER HALAS: My recommendation is to make a motion to move forward on this project to get it addressed. COMMISSIONER HENNING: I'll second it. But one of the things I think is a pretty simple thing to address, one of the concerns was about vehicular traffic. And is there a possibility to put a fence on the ends to prohibit that, or would you want to include that in your motion? COMMISSIONER HALAS: Yeah, and put fences on both ends with a gate so that you can get to it. I think there's a -- at the end of that one road where you showed the improvements that you made, I believe that area you can put some kind of a -- an obstruction so that nobody can get there, and then you've got access to it when you need to get to maintenance. MR. KURTZ: Yes, we can do that. COMMISSIONER HALAS: The other concern is to make sure that -- the county attorney has already addressed that -- and that is that we're not impeding or going on someone else's property and making sure that it's within the 50-foot easement and that we're not -- we don't need to take additional property, okay. COMMISSIONER HENNING: Well, I think, Commissioner Halas, the concern was -- somebody stated about taking and stuff like that, so I think -- I don't know if it's in part of your motion, is to -- COMMISSIONER HALAS: I just addressed that, the taking of property. I think it's all within the easement and that -- the county attorney said that he would address that. MR. KLATZKOW: We will verify that the project is within the parameters of the easement. COMMISSIONER HALAS: Yep. COMMISSIONER HENNING: Okay. COMMISSIONER HALAS: Exactly. Page 146 April 14, 2009 CHAIRMAN FIALA: And not go anything beyond that? MR. KLATZKOW: And ifit is, we'll come back to the board. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Commissioner Coyle? COMMISSIONER COYLE: Just a question. You know, I noticed on some pictures of some of our previous construction proj ects, we tended to go in and just destroy all vegetation and then plant grass instead. I believe there are ways of getting this done without destroying all the vegetation and taking out all the trees. You should be able to work around a lot of this stuff so that you can retain some of the mature growth. F or example, that palm tree on the right side of that right picture, there shouldn't be a reason you can't work around that palm tree, and I bet there are hundreds of others that are exactly the same way. There's no need to take a bulldozer in there and just clear everything out. MR. KURTZ: I understand, Commissioner. One of the issues with water management, and we kind of follow the lead with the South Florida Water Management District who operates the bigger canals, is the vegetation going from the canal bank, it certainly makes the system more aesthetically pleasing and more compatible with the neighborhood. But during a storm event and as a result of a storm event, those trees, since they're in the bank or close to the bank where it's nice and soggy, and depending on the tree, they have a tendency to topple in the bank exactly at the wrong time. And when one topples in and another topples in, and before you know it, right in the middle of the big rain event, you've got all these toppled trees in the canal, and we don't -- we don't take any pleasure in clearing these easements, but I know the water management district takes a lot of heat for going out into a perfectly good-looking canal, and when they find out that not all of their 100 feet or 80 feet is clear Page 147 Apri114,2009 of trees, they'll go in and clear it, and that's a lesson that we learned from Hurricane Andrew on the east coast. They had a lot of trees along their canal banks, and they all blew in, and the recovery from the storm was much, much longer as a result of that. So I understand the issue completely, but it's considered best management practices to have these easements almost all clear of vegetation, especially the tall stuff. The smaller hedges like the one we're offering, that works okay and that's kind of a compromise. But the tall stuff, even the small trees that normally would withstand a good blow, if you get a tornado as an offshoot of a hurricane, sometimes even the strong ones can topple in there and we can't get in there and get it out right away. So it's more of a good practice of maintaining -- and we're talking about the big systems here. And this is -- this is considered the secondary system, only, you know, one level down from the primary, so we have to treat this with specific care. COMMISSIONER HALAS: The other thing I'd like to comment, Commissioner Coy Ie, I understand where you're coming from because, believe me, I've lost sleep over this trying to figure out the best way to approach this, but if you walk down there, you'll find that the bottom of this undulates because of the fact that this hasn't been cleaned out for years. And also, there's been some huge erosion that's taken place because this stream hasn't been really directed. It's just kind of been meandering around. So we've looked at all aspects of this thing, and I think that the end result will be that when we get this done, I don't believe it's going to be that kind of an eyesore. In fact, I think it's going to benefit the neighborhood overall. Right now they don't see that, but I -- as Commissioner Fiala said, that once they got the stormwater drainage established in her community there of Queens, that there's not that much opposition and I believe that the -- I think the big result is that Page 148 April 14, 2009 there is going to be some people here that, once we get this established and the roadway is in, some people are going to benefit from additional access to property. MR. KURTZ: One more point, Commissioner Halas, is we've looked at how we could do the work in there, and because the ditch kind of wavers around in the easement a little bit, there's no way to do what we need to do without impacting most all of the trees just by the nature of how it is and what we want to do. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second. Y .? es, SIr. MR. KLATZKOW: And just for clarity, because I had some-- Jeff Wright questioned me on the motion. I take it we're -- the motion includes staff recommendations, that we're awarding the bid and authorizing the chair to submit -- to sign the contracts and providing the necessary budget amendments? CHAIRMAN FIALA: Yes. COMMISSIONER HALAS: The motion was to move this forward, yes, this proj ect forward. MR. KLATZKOW: With staffs recommendations? COMMISSIONER HALAS: With staffs recommendations, correct, okay. CHAIRMAN FIALA: And that was also in the second? COMMISSIONER HENNING: Yeah. MS. FILSON: Yeah, but there's changes. COMMISSIONER HENNING: Thanks, Jeff. CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. Page 149 April 14, 2009 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That's a 5-0. I know it's a tough thing, but, man, it's -- anyway. It's for the goodness of the whole system. MR.OCHS: Commissioner, that takes us to 10 -- CHAIRMAN FIALA: You know what, Leo? We're going to take a ten-minute break and give our court reporter a little bit of time to, you know, work her fingers. Thank you. MR.OCHS: Excellent idea. (A brief recess was had.) CHAIRMAN FIALA: We will resume our meeting now after our break. And that brings us to item number? Item #10E APPROVAL OF THE REPORT AND RECOMMENDATIONS OF THE PRODUCTIVITY COMMITTEE RELATING TO THEIR STUDY AND EVALUATION OF THE METHODOLOGY, REASONABLENESS, AND COMPETITIVENESS OF THE INVOICES RECEIVED FROM THE CLERK - MOTION FOR STAFF TO APPROACH THE CLERK WITH INTERLOCAL SERVICE AGREEMENTS FOR THE SEVEN RECOMMENDATIONS OF SERVICES AND TO BRING BACK TO THE BCC AT THE FIRST MEETING IN MAY AND AT THAT TIME MAKE THE DECISION TO TAKE QUESTIONS TO THE ATTORNEY GENERAL (IF NECESSARY) - APPROVED MR. OCHS: That would be Item 10E, ma'am. CHAIRMAN FIALA: Thank you. MR. OCHS: 10E is a recommendation to approve the report and recommendations of the Productivity Committee relating to their Page 150 April 14, 2009 study and evaluation of the methodology, reasonableness, and competitiveness of the invoices received from the clerk. This was a report from your Productivity Committee to the board. Mr. Harrison, who is the chair of that subcommittee, is not able to be here today, and Ms. Len Price is going to present the item to the board. MS. PRICE: Good afternoon, Commissioners. For the record, Len Price, administrator for administrative services. I think the report before you is pretty much self-explanatory. I was there in all the committee meetings. So if you have some questions, I could attempt to answer them for you. More importantly, I'm here to accept your direction for, you know, for moving forward and answer any questions you might have how we might implement those directions. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I like the thoughts which is going forward here; however, I do have concerns where it starts off in the summary agenda on Page 2. It says, clarification is needed to confirm that these services are falling outside of the -- falling outside of the clerk's statutorily authority to determine items now performed by the clerk that might be performed by the BCC or a third party . You know, it's less than clear. In other words, there's all sorts of doubt what we could do. My suggestion would be, maybe ask the county attorney about getting a determination from the attorney general. COMMISSIONER HENNING: I'll second that. COMMISSIONER COLETTA: Well, I'd like to hear from the county attorney, and then I'd be happy to make it into a motion, to be able to make sure -- we don't want to start across -- chasing the smoke across the meadow, wasting a lot of time. We want to make sure that we have firm grounds to be able to move on as we go forward with Page 151 April 14, 2009 this. MR. KLATZKOW: Yeah, that would be fine. What I -- what I'll do then, after the board's discussion, if this is the way you want to go, come back to the board with a list of proposed questions for the attorney general and have the board approve those questions, and then we can get them up there for a possible response. COMMISSIONER COLETTA: And I'll make a motion to that effect. COMMISSIONER HENNING: I'll second. CHAIRMAN FIALA: Okay. Now, we still have a couple speakers. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Do you mind waiting your turn? COMMISSIONER COYLE: I'll wait. I'll try to contain myself. CHAIRMAN FIALA: Okay, good. Commissioner Henning? COMMISSIONER HENNING: My turn? CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: You can't make me wait long though. COMMISSIONER HENNING: Well, this whole thing was on here about, you know, the clerk's bill to the Board of County Commissioners, is it reasonable or whatever, and we never really got an answer from the discussion. So I'm -- I want to make a motion to pay the clerk's bill. CHAIRMAN FIALA: We have one motion on the floor. Can you make two motions at the same time without voting on one? MR. KLATZKOW: I think it would be nice to do them sequentially. CHAIRMAN FIALA: Can you -- COMMISSIONER HENNING: Wait? CHAIRMAN FIALA: Yes. Page 152 April 14, 2009 COMMISSIONER HENNING: Sure, I'll wait. CHAIRMAN FIALA: Okay. Is there anything else you wanted to say? COMMISSIONER HENNING: No. I think Commissioner Coletta's proposal is good. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER HALAS: Yes. COMMISSIONER COYLE: Okay. The proposal is good as far as it goes, but there are seven recommendations here by the Productivity Committee. You know, they all need action. So what I would encourage the board to do is to look at those seven recommendations on Page 5 of 8 and Page 6 of 8 and decide which one of those you would like to do. I think that entering into an interlocal services agreement precisely defining the services to be performed is an excellent idea. I would like to endorse that. And I would like to -- I would like to accept -- you know, I would recommend that we at least have a motion that would accept the report from the Productivity Committee and then provide direction to staff to begin working on those recommendations that we could agree to. And if you don't mind, Madam Chair, I'll go down them one at a time. And I would like to direct the staff to work with the clerk to review and enter into separate interlocal services agreements precisely defining the service to be performed in the four areas that are identified. They are general accounting reporting services, accounts payable pre-audit services, contract auditing services, and MIS services. And we recommend that arguments -- agreements be targeted for completion no later than June 30, 2009. That is a good way of making sure that we understand what the clerk is doing for us and how much he's going to charge us, and he understands what he's doing for us, and then it removes any arguments about whether or not we should pay for an invoice. Page 153 April 14, 2009 We should also consider item number 2, which would consider the potential for reducing the cost of verbatim transaction (sic) of official records, although I hate to -- hate to see that happen, but nevertheless. They've made the recommendation. We should take a look at it. We should ask the staff to review with the clerk's staff the processes for accounts payable vouchering -- vouching and payroll processing and reporting. We might find that we can get payroll processing and reporting done more cheaply through a third party. So we should direct staff to look into that. They are saying investment management services should be controlled by the BCC and provided by a vendor of its choosing. COMMISSIONER HALAS: Yes. COMMISSIONER COYLE: I agree with that, and I would suggest that the county attorney and the staff determine, number one, if we can do that legally. And if we can, then let's do it and get bids on how much it's going to cost and see if we can save some money. And they're also recommending that the BCC should make regular payments for service provided under the agreements to the clerk, and I see nothing wrong with that. If we negotiate an agreement with the clerk, it ought to provide for payment provisions and we ought to pay it promptly. And then also, conversely, the clerk should remit interest received from BCC funds to the BCC on a regular basis. It shouldn't be held until the end of the year and then dropped on us. We should get those interest refunds on a regular basis, and that should be part of our agreement. And -- and secondly -- and then lastly, the reporting of the clerk's expenses and reimbursements should be separated from reporting the interest income and fees. That would -- that would permit us to more easily understand whether or not some of our money is going to support court functions or things that are not necessarily directly Page 154 April 14, 2009 related to the Board of County Commissioners. So I support Commissioner Coletta's recommendation, but I would ask that it be expanded to include all seven of these items. COMMISSIONER COLETTA: If I may, sir. I think these are all wonderful suggestions, but until we know where we stand legally, we have no bargaining powers at all with the clerk. COMMISSIONER COYLE: Well, that's what I'm saying though. You directed -- I mean, you suggested that we direct the county attorney to take a look at the legality of certain things, but we didn't specify exactly what things. So what I'm doing is taking your motion and saying, look at the legality of all these things -- COMMISSIONER COLETTA: But asking the attorney general to rule on it? COMMISSIONER COYLE: Yeah, if it's necessary to ask the attorney general, certainly. COMMISSIONER COLETTA: If they could do these particular things, and go down the whole list and be able to understand where we're going. I would -- Mr. Klatzkow? MR. KLATZKOW: One approach to take would be to direct staff to enter into negotiations with an interlocal with the clerk. COMMISSIONER COYLE: Yes. MR. KLATZKOW: The clerk may say, this is nonnegotiable because this is inherent of my duties -- COMMISSIONER COYLE: Yes. MR. KLATZKOW: -- in which case that could be a question for the attorney general, or the clerk can say, well, we can talk about this. This is my offer to you, and the board can be happy with that and the issue's off the table. So I think the first thing probably we can do is sit down and actually talk to the clerk about these things. We may not have a dispute with the clerk on any of this. I don't know. COMMISSIONER COYLE: Yeah. Well, that's exactly right, so Page 155 April 14, 2009 -- but if -- what you're saying is, if you have a dispute, we need to go to try to get an attorney general opinion. MR. KLATZKOW: That's right. COMMISSIONER COYLE: As we know in the past, attorney general opinions have not been acceptable to either us or the clerk in some of our past disputes, so we wind up going to court. But an attorney general decision is not definitive in many cases. MR. KLA TZKOW: It's nonbinding unless the clerk is willing to go with us to the attorney general and ask for an opinion, in which case it would be binding on the both of us for that particular issue. COMMISSIONER COYLE: Okay, all right. That's all I'm trying to do is to try to find a way to determine, as you have said, what we can legally do but secondly determine what makes sense, because there might be things that we can legally do but we can't get the services done cheaper somewhere else. We need to have the clerk continue doing them. COMMISSIONER COLETTA: That's correct. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: You're on target. But let's go back and take a look at this. At the rate -- why don't we direct the county attorney to go ahead and offer the clerk the ability to come and join with us in this inquiry that we're going to make to the attorney general, and if he does not respond in a reasonable point in time or responds no, then we do it on our own. MR. KLATZKOW: We can do that. What I'm asking is, do you want staff to first approach the clerk and see if you can negotiate something first? COMMISSIONER COLETTA: I wouldn't have any problem with that, but I just don't want to have this drag out past -- MR. KLATZKOW: We'll come right -- I'm sure we'll get a very quick answer one way or the other, but we'll come back to the board quickly on this. Page 156 April 14, 2009 COMMISSIONER COLETTA: Well, I amend my motion to include that. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. So that's amended and second -- seconded. Is there any question in anybody's mind what the motion is? MS. FILSON: I didn't hear who did the second. CHAIRMAN FIALA: Commissioner Henning. Oh, I'm sorry. Commissioner Henning. Okay. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. MR. OCHS: Ma'am, excuse me. Do we have speakers on this or no? MS. FILSON: No. MR.OCHS: No speakers? CHAIRMAN FIALA: I'm sorry. MR. OCHS: Could we restate the motion one more time? CHAIRMAN FIALA: Sure, go ahead. Can we restate the motion? COMMISSIONER COLETTA: Yeah. I'll let the county attorney take it. MR. KLATZKOW: My understanding of the motion is that staffs going to approach the clerk, staffs going to discuss with the clerk these seven issues, attempt to enter into an interlocal agreement to bring back to the Board of County Commissioners, and if the clerk -- depending upon negotiations and depending upon the clerk's positions, we may be coming back to the Board of County Commissioners with certain questions to be answered by the attorney general. Page 157 April 14, 2009 If that's the case, we'll ask the clerk whether or not he'd be willing to join in on the question so as to avoid a lawsuit where we would just put the issue to the attorney general. COMMISSIONER COLETTA: What about a time frame on this? MR. KLATZKOW: We're going to be approaching the clerk this week, sir. COMMISSIONER COLETTA: So this would be to have something before this commission by the meeting of April 24th? MR. KLATZKOW: I don't know if we can be that fast but, you know, we can get you the first meeting of May, I think, clearly. COMMISSIONER COLETTA: I don't know what's realistic. I just don't want this dragging out past our budget year when we have to make all sorts of determinations of what we're going to do. MR. KLATZKOW: I think the first week in May should do it for you, SIr. CHAIRMAN FIALA: Will that be acceptable to you, the motion maker, first meeting in May? COMMISSIONER COLETTA: Okay, first meeting in May. CHAIRMAN FIALA: And will that -- MR. OCHS: Ma'am. CHAIRMAN FIALA: Yes, sir? MR. OCHS: What is it that you would like us to come back with you for in the first meeting in May? Just an indication of whether the clerk is willing to enter into negotiations? COMMISSIONER COLETTA: Mostly would be Jeff Klatzkow, our county attorney, to be able to meet with the clerk to see if there's an interlocal agreement to be able to take place, if so, we'll go in that particular direction. MR. OCHS: Okay. COMMISSIONER COLETTA: If that's not doable, at that point in time he's going to invite him to join with us in an inquiry to the Page 158 April 14, 2009 attorney general. And if that doesn't work, then he'll come back and offer to us that we can go directly to the attorney general and prepare a Chinese menu of questions that we can ask to see if we can get the answers and direction to go with. Does that pretty much follow it? MR. KLATZKOW: Yes, sir. MR.OCHS: Madam Chair, if I may, I have just one clarification. On Item 4 of the recommendations in the committee's report having to do with investment management services, I just wanted to bring to the board's attention and remind them that at a previous board meeting back in February 24th, precisely of this year, under 9D, you did have a discussion about your investment policy, and you had already directed and approved that we were to go out and do some research about -- COMMISSIONER HALAS: Yes. MR. OCHS: -- bringing back an investment management firm for your consideration. COMMISSIONER COLETTA: Well, would this be a conflict if we also met with the clerk to see if there was something in the way of an interlocal agreement that might cover this? MR. OCHS: No, no conflict at all. I just wanted to mention that we already -- COMMISSIONER COLETTA: I mean, we've already got that particular direction we're working on. It might be all the more incentive for him to be able to bring this to successful conclusion. MR.OCHS: It's in reference to direction that you previously gave to the staff, yes. COMMISSIONER COYLE: Well, what is the status of that? Is the staff working on it? MR.OCHS: We're beginning to work on it. But as Mr. Klatzkow said, if we're able to come to some agreement with the clerk on an interlocal, we may be able to address it in the body of that document. If not, we're going to bring it to you separately, as you had Page 159 April 14, 2009 directed previously. COMMISSIONER COYLE: Well, I guess my only concern is essentially this: How do you know you're getting the best price unless you get some proposals from outside organizations? COMMISSIONER COLETTA: That's why I wanted to see them run concurrently. COMMISSIONER COYLE: Yes, that's exactly right. And I just want to make sure that the staff understands that. MR.OCHS: Yes, sir. COMMISSIONER COYLE: Because you're not going to go -- you're not going to develop an interlocal agreement that provides payroll services if the clerk is going to charge us three times more than we could get it from some outside vendor, right? MR.OCHS: Correct. COMMISSIONER COYLE: So you're going to have to work on this jointly and make sure that you've got alternatives so you can evaluate the costs. I mean, the purpose of this is to try to control costs. MR.OCHS: Yes, sir. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: And protect our taxpayers. COMMISSIONER COYLE: Yes, that's right. CHAIRMAN FIALA: Okay. So does everybody understand what the motion is? Everybody agrees now that concurrently we're going to be working on both of these items? (No response.) CHAIRMAN FIALA: Okay. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. Page 160 April 14, 2009 CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That's a 5-0. Y "? es, SIr. COMMISSIONER HENNING: Now can I introduce my motion? The whole premise of this is to find the reasonableness in the bills of the clerk, and that wasn't in the report. So I'm going to make a motion that we pay all previous bills from the Clerk of the Court. If there's not a second, I'll make a motion that we don't pay the clerk all previous bills. COMMISSIONER COYLE: Do we -- if -- CHAIRMAN FIALA: Yes, Commissioner Coyle? COMMISSIONER COYLE: Well, this has nothing to do with that, but I think it's covered under Section 5. It says, the BCC should make regular payments for services provided under agreements to the clerk. Such payment shall be retroactive to the beginning of fiscal 2009 and should commence in the month following the completion of above items. But this does imply that we have the agreements, interlocal agreements, in place first, and I don't think that's the intent of Commissioner Henning's motion. I think he says, if we've got an outstanding invoice, we ought to pay it. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: And I don't know that I have a problem with that. I mean, hasn't the Court said that we have to pay that? MR. KLATZKOW: Different issue. MR. OCHS: No, sir. MR. KLATZKOW: I mean, what the Court has said is that the interest monies on our surplus are income to the clerk. The Court has never said that these billings are reasonable. But, you know, absent an interlocal agreement, I don't know how you -- Page 161 April 14, 2009 COMMISSIONER COYLE: How you determine that anyway. So the clerk, in essence, can really just take the interest money right now and pay himself that amount of -- for the invoice; is that not correct? MR. KLATZKOW: That is correct. COMMISSIONER COYLE: So we don't have to do anything. The clerk has it. He has -- assuming that the Supreme Court challenge is not -- is not successful, the clerk just takes the money out of interest the way he's been doing recently. MR. KLATZKOW: It's a very odd relationship at this point in time because you're being billed for services that you haven't agreed to. It's-- COMMISSIONER COYLE: Well, what --legally, what is your recommendation with respect to paying that invoice? MR. KLATZKOW: I wouldn't do anything right now. I would sit down with the clerk and try to negotiate an interlocal, hopefully have it retroactive, and that takes care of everything. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Wasn't there just something that recently came down where there was a stay at the district court whereby the clerk has to return that money? MR. KLATZKOW: He's returning a portion of it, but-- COMMISSIONER HALAS: Okay. MR. KLATZKOW: -- but he still has enough of the interest to, I believe, pay his -- pay his invoices to us. COMMISSIONER HALAS: Okay. But there was -- I think there was some kind of a temporary stay until this -- MR. KLATZKOW: This whole thing-- COMMISSIONER HALAS: -- is through the Supreme Court system. MR. KLATZKOW: That's right. Page 162 April 14, 2009 COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: Why don't we say that the clerk take the interest money and pay the invoices that you submitted to us? MR. KLATZKOW: That's a board decision, sir. COMMISSIONER HENNING: Yeah. I mean, that's the whole reason this was on the agenda is, look at the reasonableness of the item. So I'm going to make a motion to direct the chairman to write a letter to the clerk to invoices, previous invoices submitted is, take it out of the interest money. COMMISSIONER HALAS: I want an itemized report of the invoices of what we're paying. I'm not just going to give him a la carte. I want to know exactly what the itemized invoices are that were -- that he wants us to pay. CHAIRMAN FIALA: I think what you're saying is you'd like him to give us an item-- COMMISSIONER HALAS: Itemized-- CHAIRMAN FIALA: -- like we have to give him. COMMISSIONER HALAS: Exactly. CHAIRMAN FIALA: Just the same courtesy in return -- COMMISSIONER HALAS: Exactly. CHAIRMAN FIALA: -- so that we know exactly what those bills are for. I think that's what the problem has been. Commissioner Coyle? COMMISSIONER COYLE: Well, I think the county attorney just said that he would recommend we not pay anything until the court case is solved. So I'm going to go with the county attorney's recommendation. COMMISSIONER COLETTA: I'm confused now. Did Commissioner Halas just give a second to Commissioner -- COMMISSIONER HALAS: No, I didn't. COMMISSIONER COLETTA: Okay. Page 163 April 14, 2009 COMMISSIONER HALAS: No, I didn't. CHAIRMAN FIALA: No, actually there was no second, unless you wanted to give one. COMMISSIONER COLETTA: No, no. I believe we should follow the direction that we're already going. I don't have any problems with paying the -- making sure the clerk is well funded to be able to take care of his department. It's just how the funds are coming down to him I'm having a real problem with. COMMISSIONER HENNING: I just have one more thing. CHAIRMAN FIALA: Certainly. COMMISSIONER HENNING: On hiring an investment management company, is it the desire of the Board of Commissioners to earn more interest for the Clerk of Court or less interest for the Clerk of Court? CHAIRMAN FIALA: Maybe it's just to get all our interest money back. COMMISSIONER HENNING: Well, you can't. I mean, the Court has already ruled that the interest is his, and the investment is making interest on those monies. So what is it? CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I'll try to answer that question. I think it is get an interest investment manager who is responsive to our needs and our inquiries and who will talk with us whenever we want to ask questions. We have asked the clerk on numerous occasions to come here and answer questions about that, and the one time he showed up, he had a professor from Florida State University provide the answers to us and make the presentation. If we're paying the clerk and his office to manage our investments, I expect a more direct involvement of the clerk with the Board of County Commissioners, and I -- I expect to get recommendations and advice from the clerk on a regular basis Page 164 April 14, 2009 concerning how our investments should be managed. The point is that somebody in -- is it Phoenix, Arizona or -- COMMISSIONER HALAS: Phoenix, Arizona. COMMISSIONER COYLE: -- or someplace that -- somebody we've never seen is handling our investments. That might be okay, but I'd feel a lot more comfortable if it's somebody who has a direct responsibility to us. But that, again, is negotiable. If I'm going to have to pay substantially more money for that, then I'm going to be happy with the clerk's services. So it's just a matter of deciding what the tradeoffs are. Are we going to get better service from somebody who will sit down and talk with us, or are we going to get better service from somebody who likes to handle his communications through a judge? COMMISSIONER HENNING: What do we make on our investments? COMMISSIONER HALAS: We don't know. COMMISSIONER HENNING: It's interest, right? Isn't it interest? COMMISSIONER COYLE: Yeah, yes. COMMISSIONER HENNING: So the question still stands. You want to make more interest for the Clerk of Court or less interest for the Clerk of Court? COMMISSIONER COYLE: I want to make more interest for the people of Collier County because it's their money. The clerk is not supposed to take any more interest than he needs to run his office. COMMISSIONER HENNING: Absolutely. COMMISSIONER COYLE: It's not a slush fund for him. So if we earn more money in our investments, that means the taxpayers of Collier County get a break. COMMISSIONER COLETTA: And if I may? My light's on, too. CHAIRMAN FIALA: Commissioner Coletta? Page 165 April 14, 2009 COMMISSIONER COLETTA: Yeah. Also, too, I think it would be a good time to reissue the invitation for the clerk to join us, like we have offered to him many times before, at the last seat, that's right next to Commissioner Coy Ie, so he could take an active part in our discussions and be available. In many, many counties they have a Clerk of Courts that sits there through the whole proceedings ready to be able to interject his opinion and advice as everything goes forward. And when we tried it before, we ended up having to pay $60,000 a year for the right to have his assistant down at the end of the desk, and the clerk wasn't here. I would still like to extend that invitation to him. If we're ever going to become one unit to be able to function together, we need to have more interplay rather than being the only ones trying to guess what he's up to and which direction he's going. It's like we're subservient to everything he does. COMMISSIONER COYLE: That's the way he wants it, and that's the way it's going to be. CHAIRMAN FIALA: That's the way the newspaper wants it, too. COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Well, I was just going to -- I'm not going to pay $60,000 for somebody to sit down at the end. COMMISSIONER COLETTA: Me either. COMMISSIONER HALAS: That's the end of that story. COMMISSIONER COLETTA: I'm not either, Commissioner, if that helps you out. It shouldn't be done for charge. It should be done for pure enjoyment of being here. COMMISSIONER HALAS: That's right. CHAIRMAN FIALA: Pure enjoyment for being here. Okay. Any more discussion on that item? Page 166 April 14, 2009 COMMISSIONER COLETTA: That was fun. CHAIRMAN FIALA: Okay. Move on to item number 10F, which is 16B5. COMMISSIONER HALAS: We need to vote on this, don't we? COMMISSIONER HENNING: No. MS. FILSON: We voted on it. COMMISSIONER COYLE: It was unanimous, I thought, wasn't it? CHAIRMAN FIALA: It was 5-0, yeah. COMMISSIONER HALAS: It's getting to be a long day. Excuse me. Item #10F REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - APPROVED W/CORRECTIONS MADE MR.OCHS: Madam Chair, we're now on Item 10F which was pulled from your consent agenda. It was previously 16E5. That's a report and ratify staff-approved change orders and changes to work orders for board-approved contracts. I believe Commissioner Henning asked for this item to be moved to the regular agenda. Mr. Carnell is present to present or answer questions. COMMISSIONER HENNING: Mr. Carnell, on the second change order list for fencing repair, it says, the last data approved by the Board of Commissioners was September 22nd, '98. But we didn't meet -- I mean, then that board didn't meet on September 22nd, '98. MR. CARNELL: Yeah. I believe it says, 7/22/98. That's a typo. It should be 7/22/08, July 22nd of last summer. Page 167 April 14, 2009 COMMISSIONER HENNING: Okay. The -- the next one, which is item number 9, the contract, it says, the original amount was $104 -- 104,648, but our executive summary for that item in September of last year is 102,154. MR. CARNELL: Okay. Yeah, let me explain this one. We've got a couple things going on here, including a little bit of administrative overkill, unfortunately. This item was to amend an agreement between the Collier County Hunger and Homeless Coalition and the county. The county is also, of course, in contract or a grant recipient from HUD for funding that comes through the Continuum of Care Grant Program that HUD administers and makes funds available to the county with. The county entered into agreement with HUD or was a recipient of the HUD grant funds, and the program you're -- effectively gets started on May 1,2008. The agreement between the Board of County Commissioners and the Homeless Coalition was approved by this commission on September 8th. Now, Commissioner Henning's correct that the amount of the agreement between HUD and the county is the larger number he read to you, $104,645. The agreement between the Homeless Coalition and the Board of County Commissioners is the lesser amount, $102,154. The difference is that HUD allows the county to take a small administrative fee for overseeing the work of the subrecipient. In this case it was $2,491. That's the difference. We made an error in that we reported in the change order report, we gave you the larger dollar figure, the dollar amount between HUD and the county as opposed to the dollar amount between the county and the subrecipient. So we picked up the wrong number on the change order report. The other issue that goes with this as well -- and, Commissioner Page 168 April 14, 2009 Henning, you may have been focused on this -- we make reference to the -- I mention the program year with HUD began on May 1, 2008. And in the agreement it says that this agreement is -- I'm talking about the agreement between the county and the Homeless Coalition. It says the agreement is effective September 9,2008. That's when the five of you approved the agreement. But later in the same paragraph it says that the Homeless Coalition, the function of the subrecipient in this agreement is effective May 1, 2008. That's the HUD effective date. And what that's saying and the way the housing staffhas interpreted that to mean is that they can begin to perform services at the point that the HUD program year commences. But the paragraph is confusing. It talks about two different effective dates. So the amendment is really just to clean that up. It's just to say, there's one effective date between -- in the agreement between the Homeless Coalition and the county, that's September the 9th, and that the -- they are able to perform services effective May 1 st under the program. That's clarification that we made to the agreement. COMMISSIONER HENNING: So is the board approving on September 9th, is that after-a-fact (sic) approval of what staff is already doing? MR. CARNELL: No. COMMISSIONER HENNING: No. MR. CARNELL: On September 9th you approved this agreement. COMMISSIONER HENNING: Right. MR. CARNELL: And all we're doing is clarifying the language because we did have questions raised in our ongoing conversations with the clerk's finance division about this. They were confused over the paragraph the way I just described it to you, so we agreed to clarify it. We actually brought this to you. I mentioned administrative overkill. This was actually -- the board actually approved this last Page 169 April 14, 2009 meeting as a separate freestanding item. It shouldn't even be on the report, and I apologize. It was on the report because we were accumulating all the items from March to bring to you, and we were planning to bring it to you as part of the report and, again, the finance division asked that we bring it to you separately, which happened on March the 24th. So you already approved this, and this really shouldn't even be on the monthly report because you approved it last meeting. COMMISSIONER HENNING: Okay. Well, I know county manager goes over this in quite detail, these changes. Knowing the difficulties now, I just -- I'm really concerned about it, you know, the details of it. And my last one is on 15. This is a Copeland Utilities, an agreement between Collier County Housing Corporation (sic). We are -- the original one is they were to buy generators for this utility company, and now we're billing -- we're getting the generators. Are we storing these generators until they get the permits to install it? The last thing, if they don't have the money for purchasing generators, how do we know they have enough money to install the generators? MR. CARNELL: Well, the generators have been installed. We have -- Copeland has them in their possession. And the issue was, as I remember correctly, is how long they could carry the money because the money had to be paid immediately. And so, the amendment was to allow that to occur, if I remember correctly. But the generators are already in our possession. So we don't have an issue with regard to storage or with regard to not having something that we haven't paid for. COMMISSIONER HENNING: So they're already installed? MR. CARNELL: They are at this point in time, yes. COMMISSIONER HENNING: What we doing here then? MR. CARNELL: Well, my understanding, again, was that they Page 170 April 14, 2009 had to pay for them at the time immediately, and so we paid for them as they took delivery of the generators as opposed to it being a classic reimbursement agreement. COMMISSIONER HENNING: Well, when was that? MR. CARNELL: That would have been back a little ways. I want to say -- I don't know, sir, sitting here right now. I want to say 30, 60 days ago. It was back -- it was back in the recent past in terms of when the event took place, when we took possession of the generators. COMMISSIONER HENNING: And they were installed like 90 days earlier? MR. CARNELL: Some time frame, yeah. I can't tell you specifically right now when. COMMISSIONER HENNING: Is there any way that we can -- instead of giving forgiveness, get approval so we don't have to give forgiveness? MR.OCHS: Yes, sir. COMMISSIONER HENNING: Okay. So I mean, I make a motion to approve with the gramical (sic) correction, not gramical, but the date correction. CHAIRMAN FIALA: Okay. Second that motion? Okay. Is that a yes? COMMISSIONER COYLE: (Nods head.) CHAIRMAN FIALA: Seconded by Commissioner Coyle. COMMISSIONER COYLE: Coletta. CHAIRMAN FIALA: Any further discussion? COMMISSIONER COLETTA: I did. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. Page 171 April 14, 2009 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Item #10G AMENDMENT TO FEBRUARY 24, 2009, MEMORANDUM OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), THROUGH ITS OFFICE OF COASTAL AND AQUATIC MANAGED AREAS (CAMA), AND COLLIER COUNTY; AND TO APPROVE AN INITIAL WORK ORDER FOR $299,012.00 ON A PROJECT TO NOT EXCEED $500,000.00 IN AVAILABLE GRANT FUNDS TO BE REIMBURSED TO THE COUNTY BY FDEP TO MAKE HYDROLOGIC RESTORATION IMPROVEMENTS ON SHELL ISLAND ROAD - APPROVED MR.OCHS: Madam Chair, your next item is Item lOG, previously 16B 13, and that is a recommendation to approve an amendment to the February 24, 2009 Memorandum of Agreement between the Florida Department of Environmental Protection through its Office of Coastal and Aquatic Management, managed areas in Collier County, to approve an initial work order for $299,012 on a project to not exceed $500,000 in available grant funds to be reimbursed to the county by FDEP to make hydraulic restoration improvements on Shell Island Road. I believe Commissioner Henning __ COMMISSIONER HENNING: I did. When are we going to get paid back? MR. FEDER: DEP has a grant already structured. They're going to pay us back immediately following the work being done by the Page 1 72 April 14, 2009 county . COMMISSIONER HENNING: Within ten days? MR. TEACH: Commissioners, Scott Teach, for the record. We're going -- we structured -- originally this agreement as brought to you back in February was going to be direct payment from DEP to the contractor. They couldn't go forward under their own procurement guidelines under that. That's why we restructured this to go forward. But to get more to your question, what we've done is we've set up a payment plan where we have -- when we receive the contractor's invoices, we're going to forward them to DEP, and in 48 hours they're going to tell us these are okay to pay, and then we're going to process them through a payment. In turn, then we're going to re-invoice DEP upon completion of the project, and then they're going to pay us. COMMISSIONER HENNING: In ten days? They'll pay us in ten days? MR. TEACH: Per the Prompt Payment Act, Commissioner. COMMISSIONER HENNING: Now, where else have we used general fund monies to improve private property? MR. TEACH: Commissioner, I understand your question. Article VII of the Florida Constitution generally doesn't allow you to use public funds unless it's for a public purpose, and there's a slew of AGOs regarding making improvements on private roads, and I understand that. In this situation that we have here, as staff has informed me, it's a state road. It is a public road that is freely accessible to the public. There's a boat ramp at the end of the road which the public uses. It's used for a myriad of programs with school children on buses. It's used quite publicly. And at lunchtime I looked at the property appraiser's (sic), just to take a look at other owners on the property. It's primarily three parcels, two of which are owned by the state. There is one private property resident on the road as well. Page 1 73 April 14, 2009 And in the past -- Mr. Feder can clarify this a little bit more -- there has been some maintenance provided by the county. At one time, I understand -- and I'll let Mr. Feder clarify -- it was at the board's direction to do some maintenance as well. So it has been treated always as an open, accessible public road. COMMISSIONER HENNING: Okay. And thank you for the clarification. I thought it was a private road, but now you're saying it's a state road. MR. FEDER: It is a state-owned roadway. The state owns it much like parks, state parks. COMMISSIONER HENNING: So we're taking ad valorem dollars to improve state roads now? MR. FEDER: To get paid back, yes. We're trying to assist them. They had gotten a grant to make the improvements. We're trying to serve as their vendor because their grant had gone for some time and they were subject to losing their grant to make these improvements. CHAIRMAN FIALA: It's kind of like, you know, they worked with us just recently also helping us with the Marco Island Airport, and they really came to our rescue, too, and I think we're just doing the same. It's not like anybody's going to be suffering any losses from it. COMMISSIONER HENNING: Yeah, my understanding, it was a private road. CHAIRMAN FIALA: Oh. COMMISSIONER HENNING: So my understanding is incorrect. CHAIRMAN FIALA: Okay. MR. FEDER: And Commissioner, what I will clarify for the record, it is not a county road. COMMISSIONER HENNING: Right. MR. FEDER: It is a road that's owned by the state that is open to the public, and there are some public functions that are related to the Page 174 April 14, 2009 roadway, including one property owner. But it is not a county road, that's correct. COMMISSIONER HENNING: Okay. Well, being a state road is better than being a private road, so I don't have any more concerns. MR. FEDER: Okay. It's owned by the state, yes. COMMISSIONER HENNING: So I make a motion to approve. CHAIRMAN FIALA: Second. Okay. We have a motion on the floor and a second. Any discussion? I seconded it, if you were looking for 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: No fair dropping your books. Item #llA PUBLIC COMMENTS ON GENERAL TOPICS MR.OCHS: Commissioner, that takes us to Item 11, public comments on general topics. MS. FILSON: Madam Chairman, I have two speakers. Linda Griffin. She'll be followed by Kenneth Thompson. MS. GRIFFIN: Good afternoon, Madam Chairman and Commissioners. My name is Linda Griffin. I'm a professional land surveyor in the State of Florida, and I'm here to speak on behalf of Embarq Corporation, the telephone service provider. Page 175 April 14, 2009 We understand that the transportation service division of Collier County intends to present new requirements for as-builts of underground utilities as part of the county's permitting process. This policy is slated to come before the commissioners at the next meeting on April 28th. I wish to speak against approval and the county's adoption of these proposed as-built policies as written as we understand the requirements based on a meeting with county staff back in March. The precision requirements are so that the as-built files can be more easily inserted into the county's GIS system. Now, this would be a wonderful thing except for, it is very costly to produce. It's been estimated that the precision requirements that are being proposed will result in fees for surveying and mapping approximated at $2,000 for Embarq installations of less than 1,000 feet and an annual estimated cost of $200,000 to Embarq and to its customers. The required accuracies being proposed are excessive for installations of privately owned minor Embarq facilities that are, in some cases, a one-half-inch diameter fiberoptic table. The cost to adhere to precision accuracies of one-eighth of an inch will cause an unfair burden to Embarq, to other utility companies that are working in your county, and ultimately to the public. So on behalf of Embarq, we respectfully ask that the commission table the proposed policy until a more reasonable and less restrictive as-built policy can be developed that will not so adversely affect the public. CHAIRMAN FIALA: You started off by talking about as-builts, and you lost me right there because I didn't know what an as-built was, so -- MS. GRIFFIN: Okay. CHAIRMAN FIALA: -- I never understood anything you said from that moment on. MS. GRIFFIN: Oh. I only have 21 seconds to explain it. Page 176 April 14, 2009 CHAIRMAN FIALA: What is as-built? COMMISSIONER COYLE: They're plans. MS. GRIFFIN: They're plans that represent how a utility was built. So you have the design plans and then you have a record of where they were actually constructed, and that's what an as-built plan IS. COMMISSIONER HALAS: In the past, Commissioner, we've had utilities go out there and establish areas where they set a power line or a phone line or a fiberoptics line was, and we found out that when we started digging, we ran into a lot of these problems on the Vanderbilt -- CHAIRMAN FIALA: Yes. COMMISSIONER HALAS: -- Road, and they weren't where they were supposed to be, and that's what they're referring to. CHAIRMAN FIALA: I see. Okay, fine. Sometimes people go into lingos, and I -- MS. GRIFFIN: I'm sorry. CHAIRMAN FIALA: That's all right, that's all right. I think our staff wants to comment on that. MR. FEDER: For the record, Norman Feder, transportation administrator. First of all, as you're well aware, I know, utilities are allowed to use the county's rights-of-way for free, but they're also required to move those utilities as we come with a project or work on issues. Additionally, you've got the one call and issues of locates. It's very, very difficult, especially with the fiberoptics of outlines, and for that matter, if it becomes the vertical issue, sometimes extremely hard even in big larger lines to identify exactly where these utilities are. It's one of the reasons we've had so many opportunities throughout a very aggressive construction program with roadways because that entailed typically moving or working around existing utilities throughout every job. Page 1 77 April 14, 2009 In our right-of-way handbook, we are coming in. We're utilizing what I'll call national industry standards, the GIS. And what we are requiring as part of our right-of-way permitting, at least we're recommending that we're going to require and that we'll be coming to you next board meeting, is those industry standards be applied, so when someone gets a right-of-way permit, wants to install within the right-of-way, that, in fact, we get as-builts, which means identifying the vertical and the horizontal and specifically where that utility is, so in the future, once we've finished a roadway and get as-builts and as we make changes to it, as new utilities have moved, right-of-way permits come in over time, we maintain as-builts, and my successor doesn't have the fun that I had. So we will be coming to you next board meeting. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I think the question was is the level of precision you are requiring excessive. MR. FEDER: And what I will tell you, we'll have to make our case for that obviously next board meeting, but we don't believe that it is. As I said, we're using pretty-much accepted industry national standards, and we are seeking those. I'm not sure about the eighth of an inch, but we have someone here that will speak to the specifics of that. I honestly couldn't speak to it at this time. COMMISSIONER COYLE: I mean, plus or minus 50 yards would be a lot better than you have now. MR. FEDER: That would be at least 50 yards closer, yes. Thank you. CHAIRMAN FIALA: Thank you. So you'll probably be back at the next meeting when this is presented, right? MR. FEDER: I'm sure, yes. CHAIRMAN FIALA: Okay, fine. Thank you. MS. FILSON: Your final public speaker is Kenneth Thompson. Page 178 April 14, 2009 MR. THOMPSON: My name is Kenneth Thompson. I live at 2831 Becca Avenue. You know, I'm having an awful problem with a lot of people in this building, awful lot of problems, and I want it to stop. I came here so many years ago, I forgot how to get out of Naples. And every damn time I start to leave, I inherit property. I don't need no more property. And I'm going to tell you right now, if it don't stop, what happened here a few weeks ago on me, code enforcement -- I got some people. I wished you would remove them. They come out to my house, I do not ask them. They park across the street. When I walk out the house, they'll come up, blow the horn. I go talk to them. I think that's the thing you ought to do, they're very nice people in a way. But when you start blaming me for something I'm not doing, I be damn if I like it. I don't like it at all. And as far as attorney general, he's a nice guy, too. All of them are. But I'm telling you, it's going to have to stop. Every which way I turn -- the guy across the street from -- when I started with Jim Mudd a long time ago about the boathouse. Well, I've got it taken. But then the people -- I've talked to the gentleman over there. I can't -- I'm not good at names anymore. I come back, walk you right through it. I've got the boathouse taken. All I want you to do is just rip that one side down. And anybody that will inspect it and -- go look at it. And you had that inspected by the county. That is the most illegal mess I have ever seen. You got boat docks built over top boat docks. You got the lift above the roof. It's -- the keel of the boat's supposed to be one foot from the water. I don't believe -- and you got 2938, which is his property. You've got a code enforcement lady. Her daughter moved in there. I have no problem with this. Just -- they come in there and they'll cause me so much trouble. They took my cones down three, four times. I have to Page 1 79 April 14, 2009 put them back up. I have got so many problems -- I've got five permits for each one of those cones, and they're legal. There's nothing I've done here that's illegal. And Mr. Coletta, what you ought to do is, when you went to Poland that time, you're talking about the fellow over here -- I can't think of -- the Clerk of Court, whatever his name, but when you went there, you borrowed the money from these other people here because you had spent your money up. Remember that? And you have failed to pay it back so far, so you should pay that money back, when you went to Poland. See, I keep close watch you on. You a nice fellow. Ain't nothing wrong with you. You a pretty nice fellow. But when you go walking on somebody else's toes, you should put your shoes on your feet and walk on them, not somebody else's. COMMISSIONER COLETTA: I don't have any idea what you're talking about. MR. THOMPSON: Yeah, you do. COMMISSIONER COLETTA: No, I don't. MR. THOMPSON: Okay. Thank you very much. That's the last time you'll see me. COMMISSIONER COYLE: That was my money, by the way, and you haven't paid me back. COMMISSIONER COLETTA: I know. MR.OCHS: Commissioner, that moves us to Item 15, staff, and commission general communications. COMMISSIONER COYLE: Wait a minute. Item #12C REVIEW AND APPROVE THE COUNTY ATTORNEY'S RECOMMENDA TION TO WAIVE ANY POTENTIAL ETHICS Page 180 April 14, 2009 CONFLICT FORA PARKS AND RECREATION ADVISORY BOARD MEMBER BASED ON CH. 112, FLORIDA STATUTES- APPROVED CHAIRMAN FIALA: We have one more. Don't we have 16K5 to 12C? COMMISSIONER COYLE: Yes, you do. Good catch. MR.OCHS: 16K5. Yes, I'm sorry. I apologize for that. CHAIRMAN FIALA: And you should, too. COMMISSIONER COYLE: And I asked that that be pulled. Madam Chair, if you would like for me to just quickly dispense of it, I will. I agree with the county attorney's recommendation that this is not a potential violation, that is someone who serves one of our advisory boards also is doing business with the county but not with the county with respect to his advisory board functions, okay. But it is something I think we have to be very careful of. And we took some action recently with respect to the Environmental Advisory Council. And what I would like to do to help us more clearly identify if there is a potential for a conflict of interest, to revise our questionnaires for potential advisory board members to include questions about, do you do business with the county, and if so, under what circumstances. And number two, do you belong to any organizations that have a vested interest in the outcome of the advisory board recommendations? And that will require people to make full disclosure about what their business and/or personal connections are. And we then can, at the time we're considering them for membership, we can try to make a determination as to whether or not there is a potential conflict of interest. COMMISSIONER HENNING: I like it. COMMISSIONER COLETTA: Okay, yeah. Page 181 April 14, 2009 MS. FILSON: I'll get that updated. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN FIALA: Thank you, Commissioner. Good catch. So would you like to approve this? COMMISSIONER COYLE: Yes. I will make a recommendation to -- a motion to approve 12C. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a second and a third. Second was by Commissioner Coletta, the third was 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.) CHAIRMAN FIALA: Very good. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN FIALA: And now we go to commissioner comments, and we'll start with you, Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Did the county manager have a chance? CHAIRMAN FIALA: Oh. Why don't we start with the assistant manager. COMMISSIONER COLETTA: Please. Page 182 April 14, 2009 MR. OCHS: And no, ma'am, we have no items today. Thank you. CHAIRMAN FIALA: Okay. And the county attorney? MR. KLATZKOW: None either. CHAIRMAN FIALA: Thank you. See, I thought that they would go fast, but you can -- COMMISSIONER COLETTA: This has been a wonderful meeting. Thank you for allowing me to be here. CHAIRMAN FIALA: Hey, drop by again sometime. COMMISSIONER COLETTA: Sure. And yeah, I do have one thing. I'd like to know if the board would grant me a limited amount of transportation staff time to prepare a brief presentation for the May MPO meeting. This brief presentation would be dealing with the past, present, and future access rights to public lands from State Road 29 and u.s. 41 due to the erection of the panther fences that they put up through there. Over the years they've been putting these fences up along the way . We've -- in the past a request has been made by myself. I don't know if we did it as a commission or not, put it back about a hundred yards or so to be able to keep them away from the highway and to allow a little bit of area for the panthers to be able to get caught between the fences to be avoided -- or being run over; however, with that said, they couldn't do it because of the cost that was associated with trying to access it. The problem is is that these fences are right along the canals, which are prime fishing areas for the public. Numerous people from Immokalee and other rural areas of Collier County go to these areas to fish, and most of these people that fish there fish for substance. They bring then home and they eat the fish rather than catch and release, and it's a great enjoyment to them. These people don't have money for boats, they don't have access to a lot of the amenities that are available to other citizens. Page 183 April 14, 2009 And slowly but surely they're starting to lose this right. Also the traditional hunters in that area who have been able to park along the side of the road and be able to access into the public lands to go hunting during the limited hunting season that exists out there are going to be denied that right of access. And there's ways to be able to accommodate both ends. There are special gates that can be installed, special ways it can be done. And I'd like to be able to have staffbe able to do just a limited amount of research as to where the fences are now, where they're going to go, and I can fill in the rest of it with the information that I have gathered to be able to make a short presentation at the MPO to make our members aware of what's taking place. COMMISSIONER COYLE: I'll support you if you'll pay back that money from Poland. COMMISSIONER COLETTA: Yeah. I have to put you off to Kenny, what he was talking about. We lost something in the translation. COMMISSIONER HENNING: I'm concerned about the panther getting out, leave the gate out. COMMISSIONER COLETTA: Well, the gate won't be such a gate as you're thinking about. These are gates that would have revolving -- like a bank revolving door or a hotel revolving door. There's ways of doing it. Also they've got gates that open, you go through them and they'll close, you know, the way the fences are put together. It doesn't have to be anything extremely elaborate. But I know, that would be one of the concerns. It can be done to accommodate everyone. And I'm not too sure what the answers are. But there's great concerns upon part of the community that's been using these areas over the years and how they can still be able to have reasonable access. CHAIRMAN FIALA: I don't have a problem with it. Anybody else? Page 184 April 14, 2009 COMMISSIONER HALAS: The gates would be able to handle cars, too? COMMISSIONER COLETTA: No. COMMISSIONER HALAS: Or just individuals? COMMISSIONER COLETTA: Just individuals. COMMISSIONER HALAS: Because you talked about parking alongside the road, and I didn't know if that was going to be a problem. COMMISSIONER COLETTA: Well, it isn't for the most part if you're out of the right-of-way. COMMISSIONER HALAS: Okay. COMMISSIONER HENNING: Yeah, the fence is far away from the -- COMMISSIONER COLETTA: Far enough from the right-of-way. COMMISSIONER HENNING: The road. COMMISSIONER COLETTA: Right, and you'd access through there to be able to get to the water to be able to fish or-- COMMISSIONER HENNING: As long as we keep the animals In. COMMISSIONER COLETTA: Well, I appreciate you granting me this permission. I guarantee I won't abuse it, and I know you're going to be looking forward to my report. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Just three things. The -- I'd like to find out if some of these affordable housing agreements, these payback loans, one is Big Cypress housing, has been fulfilled. I don't remember seeing it on the agenda, and I can't find out if it -- where it's been reported, that payback. The second thing is -- CHAIRMAN FIALA: What is big Cypress housing? Page 185 April 14, 2009 COMMISSIONER HENNING: They're in Immokalee. Main Street Village, located in Immokalee, is one of them. I think they have another housing development. CHAIRMAN FIALA: Main Street Village, that was that guy that was here today? COMMISSIONER HENNING: He said no. MR. OCHS: We'll find out for you, sir. COMMISSIONER HENNING: The second thing is, it's the board's policy through an ordinance that we'll -- that the administration seeks full restitution on dishonored checks. What about if somebody doesn't, you know, make those payments of either 5 percent or -- $20 or either 5 percent of the maximum; is the management going after them through the State's Attorney's Office for prosecution? MR. OCHS: Could you give me a little more detail, sir . You talking about delinquent payments for -- COMMISSIONER HENNING: Leo Ochs comes in and bounces a check, okay, and doesn't make good on it, just doesn't do anything about it. Does Jim Mudd go after Leo Ochs through the State's Attorney's Office for a prosecution of that bad check? MR. OCHS: I'm going to have to get you some follow-up information. I don't want to speculate. I know we have collection agencies where we turn over bad debt to for collection. But once that runs its course, I'll have to follow up with you, sir, to see what we do. COMMISSIONER HENNING: Okay. By the way, you did a pretty good job today. MR. OCHS: Thank you. COMMISSIONER HENNING: Being the new guy on the block. The last thing is, and I know Joe Schmitt is working on this, is about the water heaters installation. The -- actually I have a question for you, Mr. Schmitt, on this issue. I understand you're going to follow up on it. Page 186 April 14, 2009 It's about installing water heaters, not replacing water heaters, that's what I looked at. I think there's a difference. I've replaced water heaters. I've never -- I've never installed one. Do you understand where I'm going? MR. SCHMITT: Well, yes. I know what you just said. You said you replaced it rather than installed one, but from the standpoint of the code, it's relatively the same thing. A replacement is the installation of a replacement. Is that what you're driving at? COMMISSIONER HENNING: No. I mean -- no, I mean, you replace stuff. If you already have something existing, you replace it if it needs -- if it goes bad or something. If you put in a new water heater on a new home, you're installing a water heater; is that how you look at it or no? MR. SCHMITT: I look at it as a -- it's a replacement or an installation. You're installing a replacement. I'm not sure -- I mean, , we re -- COMMISSIONER HENNING: Yeah. Just a minute. The second thing is, how can somebody get a -- how can somebody get a permit on weekends to replace a broken water heater? MR. SCHMITT: There's areas in the code that clearly define emergency work, and emergency work can be performed without obtaining a permit, and then the contractor is required to come back and get a permit and ask for an inspection. COMMISSIONER HENNING: Why does it take a contractor? MR. SCHMITT: Well, if you're going to do it as owner/builder, the way the code reads, you certainly, as an owner of your home, you can pull a permit as an owner/builder. COMMISSIONER HENNING: An after-the-fact? MR. SCHMITT: No, sir. It would be an emergency permit. And it's clear in the code -- I have a copy of extracts of the code. I know I gave it to some of the commissioners. I didn't give it to Commissioner Coy Ie or Commissioner Henning. I'll be glad to -- Page 187 April 14, 2009 COMMISSIONER COYLE: Well, you've already retracted that permit fee, haven't you? COMMISSIONER HENNING: No. MR.OCHS: Yes, sir. COMMISSIONER HENNING: Yes? COMMISSIONER COYLE: Yes, he has. MR. SCHMITT: Yes, sir. I retracted -- based on the code -- and I've highlighted the sections in there. And, Commissioner, let me -- let me address the one issue on the second page. Commissioner Henning, it says, emergency repairs: Where equipment replacement or repairs must be performed in an emergency situation, a permit application shall be submitted with the next working business day to the building official. What you're asking for is -- and to clarify, you're asking for the building official to have someone come out and do a technical inspection of the work. And if the homeowner doesn't want a technical inspection, that's between you and, you know, whatever, your family or your insurance company or whatever, I'm not sure. But to answer your question, I -- we retracted the requirement. Let me give a brief history. In the short term, the code went into effect the first of March, the Florida Building Code. The sections that I gave you, double slash lines are the additions that were added in the 2007 Florida Building Code that adds clarification. We're going to go to the Board of Adjustment and Appeals, which is your local board. You have members that sit on that board. We'll address this issue with the Board of Adjustment and Appeals. My building director, Bob Dunn, is here, and basically he's already working on seeking what is called a declaratory statement from the Florida Building Commission so we can clarify that intent. We went out and canvassed -- and Bob, I didn't pull those -- I have it in the back. We went out and canvassed throughout the State of Florida counties and municipalities, and roughly two-thirds require, Page 188 April 14, 2009 one-third do not, of those that responded so far. See, most of the -- at least the majority of those, at least two-thirds, have responded that they have and -- either have since the enforcement of this code or since the 2004 code, have required a building permit for the replacement of a hot water heater. The difficulty is, in some regards, is what you are replacing, is it like kind for like kind? Is it replacement from electric to gas or gas to electric? And oftentimes there's modifications that have to be performed, and those are the concerns. So the issue is, does the -- does the building official not require a technical inspection? And, again, for clarification, the permit is a -- it's not asking the government, can you do it? It's asking for the building official to have an inspector go out and perform a technical inspection to ensure it was installed correctly. And if the homeowner chooses not to do that, it's the homeowner's option. I'm not -- there's just no way we can have enforcement and I can enforce the entire -- that policy through the entire county. It's just a -- it's no different than the swap out of a compressor and pump system for an AlC unit or roofing or running electrical wire or any other type of work that you do in your home. That's -- if you do it in your home and you choose to do it without a permit, that's certainly your decision. I don't know how much clearer I can be on that. COMMISSIONER HENNING: Well, I guess my concern -- one of my concerns about requiring a permit is -- is the old water heater. MR. SCHMITT: Yes. COMMISSIONER HENNING: Usually you set it out and let the garbage guy pick it up. MR. SCHMITT: Yes. COMMISSIONER HENNING: I would hate to see somebody have the idea that, you know, I don't want government in my house. I know what I'm doing replacing a water heater. But I've got this old Page 189 April 14, 2009 water heater. What should I do with it? MR. SCHMITT: Put it out on your curb. I don't have the staff nor the folks to go out and check to see if you pulled a permit. It's no different if you put a box out in front of your house for -- and you're going to wire a new fan for your house. I'm not talking about replacement. I'm talking about running new wire, junction box, and a fixture. Legally you're required to get a permit to do -- perform a technical inspection. I mean, that's just -- I hear what you're saying. I mean, it's just -- I don't have the resources to do that. It's -- we've tried to make this as painless as possible through the -- to allow contractors to do it through a convenience permit, over-the-counter permit. We will seek clarification from the Board of Adjustment and Appeals, and we will get a declaratory statement from the Florida Building Commission and from the -- you're going to go BOAF as well, Building Officials Association, Florida Building Officials Association, and we'll get a determination. We'll bring that all back to you so you understand basically what the Florida Building Commission, what their intent is. It will be an official ruling. Your Board of Adjustment and Appeals will also rule on that as well for a local decision. COMMISSIONER HENNING: Thank you. MR. SCHMITT: Yeah. CHAIRMAN FIALA: And Commissioner Coletta, also, I wanted to ask you, did you send out a press release with -- MR. SCHMITT: Yes, ma'am. CHAIRMAN FIALA: -- relating to that? MR. SCHMITT: I sent a press release out yesterday. CHAIRMAN FIALA: Okay, fine. Very good. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. First, Joe, I want to thank you very much for the wonderful job you're doing. MR. SCHMITT: Well, thank you. Page 190 April 14, 2009 COMMISSIONER COLETTA: You are acting on behalf, as you should have, for the rules and regulations and the safety of the public, and I can understand that, and I don't want you to change that. And if we decide to go a different direction, then that's this commission's choice, and you stand by your convictions at all times. However, my argument with the water heater's always been, you previously inspected with the original installation all the piping and all the electrical fixtures that go into it. As long as those aren't altered, I don't see what the issue is. Now, I can understand what you're saying, if somebody wanted to convert to natural gas, probably quite unlikely, but that might be a situation that would arise, and the average homeowner might be beyond his scope of expertise running the vent pipes up through the ceiling and the whole business would be connected with it. At that point in time, I mean, only common sense would tell you, you bring in a professional and you pull the necessary permits to make sure that everything's safe, because you don't want to have to deal with an unsafe condition where the natural gas, once it's burned, is vented into the garage or the lower portion of a house. That would be beyond -- that would be beyond any kind of safety measures. So, you know, how are we going to be able to deal with the real issue, which is a standard water heater, which at 40 gallons, replacing another 40-gallon water heater, the public -- if we offered it as an option, can we do that? Is that something you can ask the questions when you're going before these different governing agencies? MR. SCHMITT: To answer your question, yes. There are some communities that do a local amendment to the building code. You cannot relax the code, but you can provide an alternative. And interesting though is one jurisdiction that actually did that, and we're checking into it, that basically it was like a $25 permit, that the contractor actually self-certified, and then the building official was sent out and did periodic compliance inspections, similar to what we Page 191 April 14, 2009 do with a private provider. But that still is somewhat putting the onus on an owner to notify. W e'lllook at this, because I agree with you. I'll use a great example. A few weeks ago I just changed the garbage disposable, okay, I rewired and -- but it's a plug-in, but it's still plumbing. It's still connecting. It's a replacement. And granted, 99 percent of the time there's no problem if it's a like kind for like kind. We may look at just trying to say that, if it's a like kind for like kind. The danger for the building official when you look at the code, you don't want to create a situation where you're saying to a homeowner, Harry the handyman can come and do it, and then they say -- then there's an accident or something happens and they say, well, the county didn't require a permit. That's the issue. And so there is a -- government is risk adverse, and there is a situation here, the government can't turn its back on the Florida Building Code. And so once we get clarification, we'll come back to you and explain it to you. And if you want to look at some other modification -- because you're right. You know, garbage disposal, what is that? I mean, probably most of us can do it. Some people can't. But don't forget to knock out the punch-out if you're going to connect the dishwasher. That's the key; otherwise, if you live in a condo, you might get your neighbors below you excited. But, no, it's -- a hot water tank, most of them can, like kind for like kind. It might take minimum modification. The code is clear now, it requires the pan, the drip pan, all those other type of things that are required now in code. There's a whole section on water heaters, and it's the Rules Commission that put these in, and we have a local member of the Rules Commission. Brad Schiffer is, in fact, a member who provides advice to the state on application of the code. So we will -- we will get clarification as to what the intent was Page 192 April 14, 2009 when they -- when they prepared this code. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I don't think it was so much that government wanted to get into anybody's life. I think it's the idea that it's -- in one way it's protecting the citizen. For instance, if somebody decides they want to replace their hot water heater -- and let's use an example of a gas water heater, whether it's propane or whether it's natural gas. If somebody inadvertently doesn't tighten the joints correctly where the gas is going to the hot water heater, you could end up with an explosion in the house. So if the insurance company comes out and sees that the hot water heater was recently repaired, then you've got the problem of proving that it was installed correctly or that you may end up voiding your Insurance. So there's a couple of ways of looking at this thing. And if the hot water heater was installed and you did it on your own and you miswired it or whatever, the end result is that if there is an accident, the insurance company comes out, investigates it and says, somebody replaced the hot water heater. Was this an approved replacement? And if you can't prove that, you may jeopardize your homeowners insurance. But that's just another aspect. MR. SCHMITT: Absolutely. CHAIRMAN FIALA: You'll be coming back to us with all of this, right? MR. SCHMITT: One other point is, it's -- I'm not protecting you against yourself. Most times permitting is protecting the neighboring property owner, and in a condo, normally the other residents within the building. If there's a failure and a hot water tank fails and it creates damage throughout the building, normally that's what -- that's what the whole permitting process and the inspection is about. So we'll come back. We'll report to you the results of both the BOAF. And I think I put in the press release that it would be a fairly Page 193 April 14, 2009 short turnaround. It may be more than that because we have to go to the BOAF first procedurally, so it may be -- Bob, what -- about 90 days before we actually get a final verdict from the state. CHAIRMAN FIALA: Okay. Thank you very much. Commissioner Coyle? COMMISSIONER COYLE: I don't have -- well, there was something that I think the public needs to know about. You know, there was an historic occurrence earlier this week in Collier County, and I doubt if anybody in Collier County Government or, for that matter, in Collier County has ever achieved such a milestone. It was Commissioner Fiala's birthday yesterday, so I think we should-- CHAIRMAN FIALA: Historic. COMMISSIONER COYLE: -- say Happy Birthday. COMMISSIONER COLETTA: She's got it coming. She's done it to me twice. CHAIRMAN FIALA: I've got it coming? COMMISSIONER COLETTA: Come on. You lead off, Commissioner Halas. You've got the -- (Happy Birthday was sung in unison.) CHAIRMAN FIALA: I've got to be as red as a beet, right? Thank you, fellows. I really appreciate that kindness. Thank you, and especially you, Commissioner Coyle. COMMISSIONER COYLE: Ninety-six years? CHAIRMAN FIALA: Ninety-six. COMMISSIONER COYLE: That's amazing. CHAIRMAN FIALA: See, and the reason he can do that, his birthday falls in August when we're all gone. He can get away without us singing to him. Commissioner Halas? COMMISSIONER HALAS: Yes. I just want to say that my prayers, and I think all of the -- everybody on this Board of Commissioners, hopes that -- we know that Jim Mudd will beat this. Page 194 April 14, 2009 He's a hell of a fighter, and we look forward to him being back with a lot more vim and vigor when he works through this process. So Jim, all of our cares and wishes are with you. CHAIRMAN FIALA: Ditto. Two fast things that I'd like to say. One of them is, on the petitions, our petitions are getting more and more, and I think in some cases some of these petitions that are brought before us could actually be handled by just talking with staff members. And I was wondering if before -- COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: -- petitions come before us, maybe whoever they're submitted to, we could then ask them if they would -- and we can direct them to the right staff member and see if they can work it out amongst them before it then comes to us. I would appreciate all of us doing that, if that's okay with everybody. That might help to -- COMMISSIONER HENNING: I try to work it out with -- I always work with the County Manager's Office on constituent's concerns, and they're very open about them. CHAIRMAN FIALA: Great. COMMISSIONER HENNING: Now, some of the things I don't even bring to the County Manager's Office because it's not reasonable what they're asking. CHAIRMAN FIALA: And how about when they contact you, Leo, to ask for a petition on here? Maybe they hadn't talked with any one of us but they still ask you, do you then help them get through it before they come before us on a petition? MR. OCHS: Yes, ma'am, we typically do. It's a bit of a fine line. We certainly don't want to discourage anybody from the right to petition their government. CHAIRMAN FIALA: Sure. MR.OCHS: But at the same time, if it's something that we can Page 195 April 14, 2009 handle at the staff level, we would suggest an alternative to them first with the obvious caveat that, you know, if they don't want to go that route, they ultimately have the ability to come and petition the board directly. But I think this is a great idea that the commissioners are making that, to the extent that we can handle those in a venue other than the board meeting and still get satisfaction for the customer, that's what we ought to try to do. COMMISSIONER HENNING: Make it happen much quicker. CHAIRMAN FIALA: That's exactly -- expediency is what I'm really talking about, rather than having to wait and wait. Some, they have to come before us and ask, and we have to bring it back so we can have a full discussion. Some can be handled a little bit less. I know I've had a couple people call me wanting to do that, and I've hooked them up through the different channels. And, you know, by the next day their problem is solved. So, you know, sometimes that can happen. So I'm just suggesting to all of you. Commissioner Halas? COMMISSIONER HALAS: That's a great suggestion. I have a lot of concerns that -- with my constituents that send emails to me in regards to problems, and we try to address it through AIM's, and if that doesn't work, then we try to work with staff and have private meetings. And a lot of times we can get -- we get a lot of the stuff done to where we don't have to bring it before the Board of County Commissioners. We have other more important work that needs to be done. And if there is a case where we don't need to get -- have it come before the board -- or it does have to come before the board, then that's the last resort. That's the way I try to work things is to make sure that we can address all the issues with staff, have meetings with people, and try to direct it in that manner. CHAIRMAN FIALA: Okay. Is that your button? Page 196 April 14, 2009 COMMISSIONER COLETTA: Yes, yes it is. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Yeah. I want you to know that everything you've suggested has been done by this commissioner. I don't immediately bring them to public petition. I first go through the AIMs issue. After the AIMs issue, it's exhausted through staff. If it's something that's beyond a staff decision to make -- I won't force it. I don't believe that staff should have any more authority than we've granted them. If it comes to that issue, that's when they come before us. I'm very careful about that. But then again, too, if I've got somebody that absolutely insists, even though I tell them I don't agree with them, who want to bring it before the county commission, I'm not going to tell them they can't. I know I got the -- CHAIRMAN FIALA: Oh, no. It's not pointed just at you because we all -- we all have people contacting us about that. COMMISSIONER COLETTA: I know. CHAIRMAN FIALA: And they contact sometimes just the County Manager's Office. So I thought that we would all be in this together to solve the problem. COMMISSIONER COLETTA: Sure. But I exhaust all possibilities. I know I've got an exorbitant amount of public petitions that come through my office, and I'm proud of it, absolutely proud of it. CHAIRMAN FIALA: I know. COMMISSIONER COLETTA: But I give them the opportunity to listen to these people when they come forward in the most unusual circumstances that you could ever imagine. CHAIRMAN FIALA: Okay. The second thing I wanted to talk about real quickly, and that is the county preference policy that we've been enforcing, and the county preference policy has allowed us now -- we voted on this, that we can go into Lee County as well and we Page 197 April 14, 2009 have a reciprocal. But I've noticed that all of the -- most all of the items that are awarded seem to be awarded into the Lee County area. It's probably because they can bid lower because they have lower expenses there, which means they keep their people working, but our people aren't working. And I was wondering if anyone else has been concerned with that as well. Yes? COMMISSIONER HENNING: There's only one that I really noticed, and that's a landscaping contractor. Historically he's been the lowest anyways. The local preference extended out to Lee County, a lot of local contractors wanted that because it prevented them from going over to Lee County and doing work, correct? CHAIRMAN FIALA: Well, I've asked -- I've asked somebody in staff to find out how many of our people get Lee County work versus how many of their people get our work, just to make sure that we've got people working. I'm just -- I'm just worried about keeping people working. We find so many people whose homes are being foreclosed on because they can't find work. COMMISSIONER HENNING: Well, I'll tell you, if you really want to have an effect on getting locals to work, there is a -- CCNA does not allow you to award on local, but you can, on the scoring for RFQs, you can give a percentage of -- you know, as far as their qualification. MR. OCHS : Yes, sir. COMMISSIONER HENNING: Port Charlotte is using this widely. So that's something that really should be done is give a -- give a point spread for being local and a larger point spread, and you'll get -- you'll get a lot more of -- a lot more work. And I see everybody agreeing with me, so -- CHAIRMAN FIALA: Yeah. Len, could we just look into that a little bit? I just want to make sure that we keep people working here Page 198 April 14, 2009 in Collier and that we don't -- we don't shift all of our work to Lee, and all the taxes then are paid into Lee as well, and we lose a revenue base there. I just -- I'm just concerned with keeping our people to work. MS. PRICE: Understood. Commissioner, we did look into it. For right now, since we've instituted the local agreement with Lee County, about 9 percent of our bids went to Lee County firms. And Commissioner Henning, to -- in response to what you were talking about with the CCNA, we do that now, and we will continue to do that, where we give -- you know, as part of the points, we give extra percentage, extra points for a local office. COMMISSIONER HENNING: How much do you give? MS. PRICE: I believe it depends upon the bid and how much-- what the other qualifications are, but I believe we add up to ten points. COMMISSIONER HENNING: And as low as -- and as less as? MS. PRICE: I couldn't answer that, probably -- probably no less than five, because at that point it wouldn't have any value. But I will get back to you and let you know exactly what that is. And I believe that in June we owe you a report on a local vendor preference and how it's going, and we're working on preparing that as well. CHAIRMAN FIALA: Oh, good, thank you. I just wanted to -- I'm just kind of protective over our people. Commissioner Halas? COMMISSIONER HALAS: I'd just as soon see that ordinance recalled. That's-- CHAIRMAN FIALA: I've been concerned with that, too. COMMISSIONER HALAS: Just as soon recall that ordinance. CHAIRMAN FIALA: Okay, fine. Well, thank you for letting me VOIce my concerns. And with that, Commissioners, may I have a motion to adjourn? COMMISSIONER HALAS: Motion to adjourn. CHAIRMAN FIALA: And do I hear a second? Page 199 April 14, 2009 COMMISSIONER COLETTA: Second. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: A couple seconds. Thank you very much for being here. Jim, get well. We're all praying for you. Meeting adjourned. ***** * * * *Commissioner Coletta moved, seconded by Commissioner Halas and carried 4/1 (Commissioner Henning opposing), that the following items under the Consent and Summary Agendas be approved and/or adopted * * * * Item #16Al FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR PLAYER'S COVE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A2 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER AND UTILITY FACILITY FOR ALDEN WOODS - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITY FOR MOORGATE POINT - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Page 200 April 14, 2009 Item #16A4 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR OMNI II - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A5 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR MILLER'S ALEHOUSE AT THE PROMENADE AT NAPLES CENTRE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A6 RESOLUTION 2009-83: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF BRISTOL PINES, PHASE I WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A7 RESOLUTION 2009-84: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF BELLAGIO AT FIDDLER'S CREEK WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A8 Page 201 April 14, 2009 RECORDING THE FINAL PLAT OF ALLIGATOR ALLEY COMMERCE CENTER PHASE TWO - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER - LOCATED IN SECTION 34, TOWNSHIP 49 SOUTH~ RANGE 26 EAST~ COLLIER COUNTY Item #16A9 STORMW A TER MANAGEMENT RELEASE STATEMENT TO FULFILL A REQUIREMENT OF THE YOUTH HAVEN SDP APPROVAL - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16AI0 RECORDING THE FINAL PLAT OF CORTILE AT MEDITERRA PARCEL 118 REPLA T - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item #16All RECORDING THE FINAL PLAT OF HERITAGE BAY, LIONS BAY COURT REPLAT - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE FINAL APPROVAL LETTER Item # 16A 12 - Continued to the May 12, 2009 BCC Meeting (Per Agenda Change Sheet) AMENDMENTS TO THE CODE ENFORCEMENT BOARD'S Page 202 April 14, 2009 RULES AND REGULATIONS - TO ALLOW FLEXIBILITY IN THEIR RULINGS Item #16A13 SETTLEMENT OFFER PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION RELATING TO PROPERTY LOCATED AT 2946 45TH AVENUE NE, COLLIER COUNTY, FLORIDA - RELEASING A $25,959.32 LIEN IN EXCHANGE FORA PAYMENT OF $13,000 FOR THE OSM CASE NO. 2007050335 Item #16Bl PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 1626RDUE) REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT. (PROJECT NO. 60168 - PHASE II.) ESTIMATED FISCAL IMPACT: $8,600.00 - FOR AN 18,000 SQUARE FOOT EASEMENT THAT IS PART OF A RESIDENTIAL PARCEL LOCATED AT 4245 10TH AVE NE~ IN GOLDEN GATE ESTATES Item # 16B2 AWARD BID #09-5161, FOR THE PURCHASE AND DELIVERY OF METAL AND POLYETHYLENE PIPE TO FERGUSON WATERWORKS, COAST PUMP AND SUPPLY CO., CONTECH CONSTRUCTION PRODUCTS, INC., HD SUPPLY WATERWORKS INC. AND METAL CULVERTS, INC. FORAN ESTIMATED ANNUAL EXPENDITURE OF $50~000 Item #16B3 Page 203 April 14, 2009 ACCEPT REVENUE FOR COLLIER AREA TRANSIT IN THE AMOUNT OF $23,900.00 AND TO APPROVE NEEDED BUDGET AMENDMENTS - PAYMENT BY SEMBLER F AMIL Y PARTNERSHIP #41 LTD TO MEET THE CONDITIONS OF THE BROOKS VILLAGE CPUD DEVELOPER'S COMMITMENTS Item #16B4 BUDGET AMENDMENT IN THE AMOUNT OF $57,349.72 FOR TRAFFIC ACCIDENT REIMBURSEMENTS, PROJECT #60076.1, AND TO RECOGNIZE REVENUES FOR FUTURE REPAIRS - TO REPLACE DAMAGED PLANT MATERIAL AND BROKEN IRRIGATION COMPONENTS DUE TO TRAFFIC ACCIDENTS ON LANSCAPED MEDIANS Item #16B5 REJECT BID #09-5218 "GOLDEN GATE OVERPASS (BEARS PAW TRAIL TO LIVINGSTON ROAD) LANDSCAPE MAINTENANCE" - DUE TO THE BIDDER'S OMITTING REQUIRED INFORMATION REGARDING THEIR QUALIFICA TIONS Item # 16B6 AWARD BID #09-5089 "LEL Y GOLF ESTATES MSTU ROADWAY GROUNDS MAINTENANCE" TO FLORIDA LAND MAINTENANCE, INC. D/B/A COMMERCIAL LAND MAINTENANCE, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $75,233.00 - FOR AN INITIAL CONTRACT PERIOD OF ONE YEAR WITH THREE (3) ONE YEAR Page 204 April 14, 2009 RENEW ALS Item #16B7 AWARD BID #09-5189 "FOREST LAKES MSTU PROJECTS F45/F50 DRAINAGE SWALE REPAIR & RESTORATION" TO EARTH TECH ENTERPRISES, INC. IN THE AMOUNT OF $122~450.00 Item #16B8 PURCHASE OF 5 ACRES OF UNIMPROVED PROPERTY REQUIRED FOR THE CONSTRUCTION OF A STORMWATER RETENTION AND TREATMENT POND FOR PHASE II OF THE VANDERBILT BEACH ROAD EXTENSION, PROJECT #60168, IN THE AMOUNT OF $150,950 - LOCATED AT 10TH AVENUE NE, THE EAST AND WEST HALF OF TRACT 87 UNIT 18, GOLDEN GATE ESTATES Item #16B9 AWARD BID #09-5185 FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND REAL ESTATE CLOSING SERVICES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16BI0 AWARD BID #09-5173, "LANDCARE SERVICES FOR ROAD AND BRIDGE" TO CARIBBEAN LAWN & GARDEN OF SW NAPLES FL, INC. AND EDEN LANDSCAPING, INC. FOR AN ESTIMATED ANNUAL EXPENDITURE OF $300,000 - FOR RURAL NON-CURB GUTTER MOWING AND LITTER Page 205 April 14, 2009 REMOV AL Item #16Bll PROPOSED AMENDMENT TO ORDINANCE NO. 92-40, AS AMENDED, WHICH CREATED THE IMMOKALEE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO EXPAND THE BOUNDARIES TO MATCH THE URBAN BOUNDARY WITHIN CURRENT IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (ICRA) BOUNDARIES - EXPANSION WILL INCREASE THE DISTRICT'S TAXABLE VALUE BASE AND INCREASE PROPERTY TAX DOLLARS FOR THE 2010 TAX YEAR Item #16B12 EXPENDITURES FOR CAPITAL IMPROVEMENTS WITHIN THE NAPLES PRODUCTION PARK AND PINE RIDGE INDUSTRIAL PARK MUNICIPAL SERVICE TAXING UNITS (MSTUS) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B13 - Moved to Item #10G (Per Commissioner Henning during Agenda Changes) Item #16Cl WORK ORDER UNDER CONTRACT #07-4088 TRENCHLESS SEWER SYSTEM REHABILITATION CONTRACTING SERVICES IN THE AMOUNT OF $692,225.00 TO MILLER PIPELINE CORPORATION TO COMPLETE REHABILITATION OF SEWER LINES IN NORTH NAPLES (AREA 1-4); PROJECT #73050 - TO ENHANCE THE PERFORMANCE OF THE Page 206 April 14, 2009 WASTEWATER COLLECTION SYSTEM BY ELIMINATING INFLOW AND INFILTRATION TO SANITARY SEWERS AND MANHOLES Item #16C2 AMENDMENT TO THE FLORIDA INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT, SCHOOL BEVERAGE CONTAINER RECYCLING CHALLENGE PROGRAM GRANT AGREEMENT #IG8-07, FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (GRANT AGREEMENT) TO RECOGNIZE THE SIGNATURE OF THE CURRENT CHAIRMAN OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) Item #16C3 AMENDMENT TO THE FLORIDA INNOV A TIVE WASTE REDUCTION AND RECYCLING GRANT, COLLIER COUNTY SEASONAL AND YEAR ROUND BUSINESS HOW TO RECYCLE VIDEOS GRANT AGREEMENT #IG8-09, FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO RECOGNIZE THE SIGNATURE OF THE CURRENT CHAIRMAN OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) Item #16C4 RESOLUTION 2009-85: EXPRESSING OPPOSITION TO PROPOSED FLORIDA HOUSE BILL 5121, WHICH WOULD IMPOSE A NEW SOLID WASTE DISPOSAL "TIPPING FEE" OF $1.25 PER TON ON ANY OWNER OF A PERMITTED SOLID Page 207 April 14, 2009 WASTE FACILITY FOR SOLID WASTE DISPOSED AT THE DISPOSAL SITE - POSSIBLE FISCAL IMPACT OF $350,000 BASED ON FY2010 DISPOSAL PROJECTIONS Item #16Dl ACCEPT FUNDING FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) IN THE AMOUNT OF $20,000.00 FOR THE FLORIDA YARDS & NEIGHBORHOOD PROGRAM MANAGED BY THE COLLIER COUNTY UNIVERSITY OF FLORIDAlIFAS EXTENSION DEPARTMENT, AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $20,000.00 - TO INCREASE RESOURCE CONSERVATION OUTREACH EDUCATION, SPECIFICALL Y WATER CONSERVATION Item #16D2 CHAIRMAN TO SIGN, FIVE (5) DEVELOPER LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS LOCATED IN COLLIER COUNTY - DEFERRING $119,926.50 IN IMPACT FEES FOR HABITAT FOR HUMANITY'S NAPLES MANOR ADDITION Item #16D3 ACCEPT CONVEYANCE OF A SOVEREIGNTY SUBMERGED LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE COLLIER BOULEVARD BOATING PARK AT A TOTAL COST NOT TO EXCEED Page 208 April 14, 2009 $129.00, PROJECT #800711 - TO EXPAND THE CURRENT 19 TRAILER SPACES TO 88 TRAILER SPACES Item #16D4 A MODIFICATION TO DISASTER RECOVERY GRANT INITIATIVE AGREEMENT #08DB-D3-09-21-01-A03 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) AND COLLIER COUNTY FOR HURRICANE HARDENING PROJECTS - REALLOCATING $57,000 FROM THE SA WCC PROJECT TO THE COUNTY-WIDE SINGLE FAMILY REHABILITATION PROGRAM DUE TO FUNDING A V AILABIL TY AND CONSTRUCTION SCHEDULES Item #16D5 EIGHT (8) OWNER-OCCUPIED LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY - TRANSFERRING DEFERRALS IN THE AMOUNT OF $156,910.18 FROM BUILDER TO OWNERS FOR LOT NUMBERS: TRAIL RIDGE LOT 180, $19,372.46; TRAIL RIDGE LOT 185, $22,325.96; TRAIL RIDGE LOT 61, $19,372.46; TRAIL RIDGE LOT 64, $19,372.46; LIBERTY LANDING LOT 117, $12,442.46; TRAIL RIDGE LOT 63, $19,372.46; TRAIL RIDGE LOT 184~ $22~325.96~ TRAIL RIDGE LOT19L $22~325.96 Item #16D6 SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE Page 209 April. 14, 2009 TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY09 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D7 CHAIRMAN TO SIGN AN INTERLOCAL AGREEMENT FOR BEACH MAINTENANCE BETWEEN COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND HIDEAWAY BEACH DISTRICT - REIMBURSEMENTS OF BETWEEN $6,000 AND $9~000 ANNUALLY ARE EXPECTED Item #16D8 - Withdrawn (Per Agenda Change Sheet) BID #09-5221, MODULAR HOMES FOR HOUSING AND HUMAN SERVICES DEPARTMENT, TO IDYLL CONSTRUCTION, INC. IN THE AMOUNT OF $344,259.00 TO PROVIDE REPLACEMENT HOMES USING DISASTER RECOVERY INITIATIVE FUNDS TO FOUR (4) CITIZENS WHOSE HOMES WERE SEVERELY DAMAGED AS A RESULT OF HURRICANE WILMA Item #16D9 RFP #08-5128 FOR THE PROVISION OF PHARMACY SERVICES FOR THE SOCIAL SERVICES PROGRAM TO SUNSHINE PHARMACY, INC. AND COLLIER HEALTH SERVICES - SERVING THE IMMOKALEE AND NAPLES Item #16D10 Page 210 April 14, 2009 CHAIRMAN TO SIGN A MODIFICATION TO DISASTER RECOVERY GRANT INITIATIVE AGREEMENT #07DB-3V-09- 21-01-Z01 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) AND COLLIER COUNTY FOR HURRICANE HARDENING PROJECTS DELAYED DUE TO PERMITTING ISSUES BY UPDATING WORK SCHEDULES ON FILE WITH THE DCA FOR EACH PROJECT Item #16Dl1 BID #09-5163 TO PROFESSIONAL BUILDING SYSTEMS FOR A CONSTRUCTION CONTRACT OF $180,419.00 FOR THE CONNER PARK PARKING LOT EXPANSION PROJECT #90039.1 Item #16El RECEIPT OF $11.89 FROM NATIONWIDE RETIREMENT SOLUTIONS AND FOR THE HUMAN RESOURCES DEPARTMENT TO ACCEPT FUTURE SIMILAR SETTLEMENT CHECKS - DUE TO A FUND ESTABLISHED AS THE RESULT OF ADMINISTRATIVE PROCEEDINGS BY THE SECURITIES AND EXCHANGE COMMISSION COMPENSATING INVESTORS DETERMINED TO BE HARMED BY LATE TRADING AND OTHER MARKET ACTIVITY FROM APRIL 3, 2000 THROUGH OCTOBER 18~ 2001 Item # 16E2 RESOLUTION 2009-86: SUPPORTING THE CREATION OF A SPECIALTY LICENSE PLATE THAT WOULD RECOGNIZE THE CONTRIBUTIONS OF WEST POINT GRADUATES AND Page 211 April 14, 2009 ENLIGHTEN OTHERS WITH AN AWARENESS OF THE EDUCATIONAL AND CAREER OPPORTUNITIES THAT WEST POINT OFFERS Item # 16E3 MILANO PRESERVE FINAL MANAGEMENT PLAN UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - CONSISTING OF 18.46 ACRES, LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD AND 2.10 MILES EAST OF 1-75 Item #16E4 RESOLUTION 2009-87: STATUTORY DEED FOR THE CONVEYANCE OF COUNTY-OWNED PROPERTY (MOBILE HOME SITES) WITHIN THE BA YSHORE/GA TEW A Y COMMUNITY REDEVELOPMENT AREA TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA); AND WAIVE ANY CODE ENFORCEMENT PENAL TIES LEVIED AGAINST THE PROPERTY THAT ARE NOT ASSOCIATED WITH COSTS INCURRED BY THE COUNTY CODE ENFORCEMENT DEPARTMENT TO ABATE THE VIOLATIONS: SITE ADDRESS 3155 & 3175 KAREN DRIVE. (COMPANION TO ITEM 16G5) Item # 16E5 - Moved to Item #10F (Per Commissioner Henning during Agenda Changes) Item # 16E6 CORRECT SCRIVENER'S ERROR IN PURCHASING POLICY Page 212 April 14, 2009 REGARDING THE HIRING OF LEGAL EXPERTS AND CONSULTANTS PERTAINING TO ON-GOING LITIGATION - PREVIOUSLY APPROVED ON FEBRUARY 10~ 2004 Item #16Fl RESOLUTION 2009-88: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET Item #16F2 RESOLUTION 2009-89: SUPPORTING A SEMINOLE INDIAN GAMING COMPACT WHICH INCLUDES A REVENUE SHARING AGREEMENT WITH LOCAL GOVERNMENTS THAT PROVIDES FIVE (5) PERCENT OF CASINO REVENUES DIRECTLY TO AFFECTED LOCAL GOVERNMENTS TO OFFSET IMPACTS TO INFRASTRUCTURE Item #16F3 GRANT APPLICATION TO VISIT FLORIDA IN THE AMOUNT OF $5,000 TO OFFSET SOME OF THE COST OF A CULTURAL ARTS BROCHURE FOR COLLIER COUNTY AND AUTHORIZE THE TOURISM DIRECTOR TO SIGN THE GRANT APPLICATION Item #16Gl CRA REVIEW AND APPROVE THE BA YSHORE GA TEW A Y TRIANGLE CRA GOALS AND OBJECTIVES FOR 2009 Page 213 April 14, 2009 Item #16G2 CRA RESOLUTION 2009-90: BOARD OF COLLIER COUNTY COMMISSIONERS ACTING AS THE GOVERNING BODY OF THE BA YSHORE BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT (MSTU) APPROVE A RESOLUTION ACCEPTING THE DONATION OF PLANT MATERIALS FROM AMERICAN FARMS FOR THE BEAUTIFICATION OF PUBLIC RIGHT-OF-WAYS WITHIN THE BAYSHORE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT AREA Item #16G3 CRA BOARD'S COMMITMENT OF FUNDS AGREEMENT FOR REIMBURSEMENT OF $300,000.00 FOR INFRASTRUCTURE DEVELOPMENT COSTS TO FLORIDA NON PROFIT SERVICES, INC. FOR THE RENTAL HOUSING PORTION (176 RENTAL UNITS) OF THE AFFORDABLE HOUSING PROJECT KNOWN AS ESPERANZA PLACE, LOCATED IN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA AT 2702 IMMOKALEE DRIVE~ IMMOKALEE Item #16G4 CRA BOARD'S COMMITMENT OF FUNDS AGREEMENT FOR REIMBURSEMENT OF $300,000.00 FOR INFRASTRUCTURE DEVELOPMENT COSTS TO EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION FOR THE HOMEOWNERS HIP PORTION (62 OWNER OCCUPIED UNITS) OF THE AFFORDABLE HOUSING Page 214 April 14, 2009 PROJECT KNOWN AS ESPERANZA PLACE, LOCATED IN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA AT 2702 IMMOKALEE DRIVE~ IMMOKALEE Item #16G5 CRA'S ACCEPTANCE OF THE CONVEYANCE OF COUNTY- OWNED PROPERTY (MOBILE HOME SITES) WITHIN BOUNDARIES OF THE BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA TO ENACT THE RESIDENTIAL INFILL PROVISION OF THE CRA'S MASTER REDEVELOPMENT PLAN; DIRECT CRA STAFF TO RECORD AN EXECUTED STATUTORY DEED FROM THE COUNTY; APPROVE PAYMENT; AND AUTHORIZE THE CRA EXECUTIVE DIRECTOR TO MAKE PAYMENT FROM THE BA YSHORE GATEWAY TRIANGLE CRA FUND #187 FOR ALL COSTS AND EXPENSES NECESSARY TO CLOSE THE TRANSACTION INSURING CLEAR TITLE OF SITE ADDRESS: 3155 & 3175 KAREN DRIVE (COMPANION TO ITEM 16E4) Item # 16Hl COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER ATTENDED AN EVENT HONORING JONATHAN GREEN ON MARCH 23,2009 AT THE NAPLES BAY RESORT YACHT CLUB IN NAPLES, FL; $50.00 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET- LOCATED AT 1500 FIFTH AVENUE SOUTH~ NAPLES Item #16H2 Page 215 April 14, 2009 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER ATTENDED THE KNOW YOUR COUNTY GOVERNMENT LUNCHEON MARCH 24, 2009 AT EAST NAPLES UNITED METHODIST CHURCH; $10.00 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H3 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER WILL ATTEND THE JUNIOR DEPUTIES BARBEQUE ON APRIL 18,2009 AT THE JUNIOR DEPUTIES DISCOVERY CAMP SITE; $35.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H4 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER ATTENDED THE PROJECT INNOVATION INITIATIVES LUNCHEON MEETING ON WEDNESDAY, MARCH 18, 2009 AT THE ECONOMIC DEVELOPMENT COUNCIL (EDC) OFFICE IN NAPLES, FLORIDA; $6.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H5 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER Page 216 April 14, 2009 ATTENDED THE ANNUAL MEETING OF THE EVERGLADES SOCIETY FOR HISTORIC PRESERVATION ON TUESDAY, MARCH 3,2009, AT THE SEAFOOD DEPOT IN EVERGLADES CITY, FLORIDA; $12.49 PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #16H6 COMMISSIONER HALAS'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER ATTENDED THE CELEBRA TION OF THE GORDON RIVER GREENWAY ON WEDNESDAY, APRIL 8, 2009, AT THE PLAZA ON THIRD STREET SOUTH IN NAPLES, FLORIDA; $50.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H7 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. THE COMMISSIONER ATTENDED THE 2009 GALA & AUCTION FOR THE FOUNDATION FOR THE DEVELOPMENTALLY DISABLED ON SATURDAY, FEBRUARY 21,2009, AT THE NAPLES BEACH HOTEL & GOLF CLUB IN NAPLES, FLORIDA; $125.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Page 217 April 14, 2009 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 218 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 14, 2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of January 5, 2009; February 2, 2009. 2) Airport Authority: Minutes of January 12, 2009; February 9, 2009. 3) Animal Services Advisory Board: Minutes of January 20,2009; February 17,2009. 4) Bayshore/Gatewav Triangle Local Redevelopment Advisory Board: Minutes of February 3, 2009. 5) Collier County Citizens Corps: Minutes of February 18,2009. 6) Collier County Planning Commission: Agenda of March 19,2009. Minutes of December 18, 2008; January 15,2009; January 16,2009 Special Session; January 20, 2009 Special Session; January 28, 2009 Special Session; January 30, 2009 Special Session; February 5, 2009; February 5, 2009 Special Session. 7) Contractors Licensing Board: Minutes of February 18,2009. 8) Development Services Advisory Committee: Minutes of February 4,2009. 9) Environmental Advisory Council: Minutes of February 4,2009. 10) Habitat Conservation Plan Ad Hoc Committee: Minutes of November 21, 2008; December 10, 2008 - no quorum; January 13,2009 - no quorum; February 25,2009. 11) Immokalee Enterprise Zone Development Agency: Agenda of February 18,2009; March 18,2009. Minutes of January 26,2009; February 18,2009. 12) Immokalee Local Redevelopment Advisory Board: Agenda of February 18,2009; March 18,2009. Minutes of January 26,2009; February 18,2009; February 23,2009 Emergency Meeting w/EZDA. 13) Immokalee Master Plan and Visioning Committee: Agenda of February 18,2009 joint w/CRA; March 18,2009 joint wi CRA. Minutes of January 26,2009 joint w/CRA; February 18,2009 joint w/CRA. 14) Isles of Capri Fire Control District Advisory Committee: Minutes of February 12,2009. 15) Land Acquisition Advisory Committee: Minutes of January 12,2009; February 9,2009. 16) Library Advisory Board: Agenda of March 18,2009. Minutes of February 18,2009. 17) Parks and Recreation Advisory Board: Minutes of February 18,2009. 18) Pelican Bay Services Division Board: Minutes of January 12, 2009. 19) Rural Lands Stewardship Area Review Committee: Minutes of January 6, 2009; January 16, 2009 Special Session; January 23,2009 Special Session; March 3,2009. 20) Utility Authority (Water and Wastewater Authority): Minutes of January 26,2009. 21) Vanderbilt Beach Beautification MSTU Advisory Committee: Minutes of January 8, 2009. B. Other: 1) Code Enforcement Special Magistrate: Minutes of January 12,2009. 2) Public Safety Coordinating Council: Minutes of December 12, 2008. April 14, 2009 Item #16Jl DISBURSEMENTS FOR THE PERIOD OF MARCH 14, 2009 THROUGH MARCH 20, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF MARCH 21,2009 THROUGH MARCH 27, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J3 USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND PREVENTION Item #16J4 DESIGNATE THE SHERIFF AS OFFICIAL APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ), OFFICE OF JUSTICE PROGRAMS', BUREAU OF JUSTICE ASSISTANCE (BJA), AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (THE "RECOVERY ACT") EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN AWARDED, APPROVE APPLICABLE BUDGET AMENDMENTS, AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND THE $547.316 PAYMENT OF RECOVERY ACT JAG GRANT FUNDS Item #16J5 Page 219 April 14, 2009 BUDGET AMENDMENT 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 Item #16J6 DISBURSEMENTS FOR THE PERIOD OF MARCH 28, 2009 THROUGH APRIL 3, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $154,900 FOR PARCELS 110 & 710 IN THE LAWSUIT STYLED COLLIER COUNTY V. REGIONS BANK, ET AL., CASE NO. 07- 3641-CA (COLLIER BOULEVARD PROJECT #60001) (FISCAL IMPACT $ .00) Item #16K2 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $75,000 FOR PARCELS 123 AND 823 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN J. YAKLICH, ET. AL., CASE NO. 03-2259-CA (GOLDEN GATE PARKWAY PROJECT NO. 60027) (FISCAL IMPACT $115.825.) Item #16K3 COUNTY ATTORNEY SUBMITTING FOR BOARD'S REVIEW: Page 220 April 14, 2009 JERRY AND KIMBERLEA BLOCKER'S OFFER OF JUDGMENT IN CASE NO. 08-9355-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. THE COUNTY ATTORNEY RECOMMENDS THAT THE BOARD TAKE NO ACTION ON THIS OFFER Item #16K4 SETTLEMENT OFFER IN THE SUM OF $840,125.04, AND AUTHORIZE THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT, RELEASE AND SATISFACTION, A RELEASE OF LIS PENDENS, AND A CONVEYANCE OF CONTRACT RIGHTS WITH AND TO LEHMAN HOUSING TAX CREDIT FUND VII, L.P., THAT SETTLES IN FULL THE LITIGATION STYLED AS BOARD OF COUNTY COMMISSIONERS V. CEI/KENSINGTON, ET AL. 08-07625-CA, NOW PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, DIRECT ALL THE DOCUMENTS TO BE RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, AND DIRECT THE COUNTY ATTORNEY TO TAKE WHATEVER ADDITIONAL ACTION IS NECESSARY TO IMPLEMENT THIS SETTLEMENT Item #16K5 - Moved to Item #12C (Per Agenda Change Sheet) Item # 1 7 A RESOLUTION 2009-91: PETITION: A VESMT-2008-AR-14016, FIDDLERS CREEK PHASE 4, UNIT 2, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLICS INTEREST IN TWO 15-FOOT WIDE DRAINAGE Page 221 April 14, 2009 EASEMENTS ALONG THE LOT LINES OF LOTS 7 & 8 AND LOTS 13 & 14 IN BLOCK A, OF FIDDLERS CREEK PHASE FOUR, UNIT TWO AS FILED IN PLAT BOOK 45, PAGES 40-47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT A AND TO ACCEPT THREE REPLACEMENT DRAINAGE EASEMENT AREAS OVER LOTS 6 & 7 AND 14 & 15 AND LOT 22, BLOCK A AS SHOWN ON EXHIBIT B, ALL BEING SITUATED IN SECTION 11 AND 14, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA Item #17B RESOLUTION 2009-92: PETITION: SV-2008-AR-13664 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., IS REQUESTING THREE (3) SIGN VARIANCES. THE FIRST SIGN VARIANCE IS FROM LAND DEVELOPMENT CODE (LDC) SUBSECTION 5.06.04 C.16.B.I. WHICH ALLOWS A MAXIMUM SIGN AREA OF 12 SQUARE FEET FOR AN OFF-PREMISE DIRECTIONAL SIGN TO ALLOW A 32 +/1 SQUARE FOOT OFF-PREMISE SIGN. THE SECOND VARIANCE IS FROM LDC SUBSECTION 5.06.04 C.16.B.V. WHICH REQUIRES A SIGN TO BE LOCATED WITHIN 1,000 LINEAL FEET OF THE INTERSECTION OF THE ROAD SERVING THE USE TO ALLOW GREATER DISTANCES OF UP TO 6,000 LINEAL FEET FOR UP TO 10 USES. THE THIRD SIGN VARIANCE IS FROM LDC SUBSECTION 5.06.04 C.16.C WHICH REQUIRES A SIGN TO BE LOCATED TO NO CLOSER THAN 50 FEET FROM A RESIDENTIALLY ZONED DISTRICT TO ALLOW A LESSER DISTANCE OF 23 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF U.S. 41 IN Page 222 April 14, 2009 SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA Item #17C RESOLUTION 2009-93: PETITION: SV-2008-AR-13665 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC. IS REQUESTING A SIGN VARIANCE FROM LDC SUBSECTION 5.06.04 C.16.B.I. WHICH ALLOWS A MAXIMUM SIGN AREA OF 12 SQUARE FEET TO ALLOW A 64-SQUARE FOOT OFF-PREMISE SIGN AT THE PORT OF THE ISLANDS. THE SUBJECT PROPERTY IS LOCATED IN THE PORT OF THE ISLANDS AT THE INTERSECTION OF TAM lAM I TRAIL EAST (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA (CTS) Item #17D RESOLUTION 2009-94: PETITION: SV-2008-AR-13960 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., IS REQUESTING A SIGN VARIANCE FROM LDC SUBSECTION 5.06.04 C.16.B.I., WHICH ALLOWS A MAXIMUM SIGN AREA OF 12 SQUARE FEET, TO ALLOW AN 18-SQUARE FOOT OFF-PREMISE SIGN AT THE PORT OF THE ISLANDS IN THE MEDIAN OF CAYS DRIVE (SOUTH OF U. S. 41) 18 S.F. IN AREA WITH SIGN COpy AND LOGO DESIGNATION THE PORT OF THE ISLANDS CAYS DRIVE. THE SUBJECT PROPERTY IS LOCATED IN THE PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL EAST Page 223 April 14, 2009 (U. S. 41) AND CAYS DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA (CTS) Item #17E RESOLUTION 2009-95: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET Item #17F ORDINANCE 2009-16: ORDINANCE AMENDING ORDINANCE NO. 2001-55, AS AMENDED (THE ADVISORY BOARD ORDINANCE), BY ELIMINATING TERM LIMITS AND THE RESTRICTIONS ON SIMULTANEOUS SERVICE ON MORE THAN TWO COUNTY BOARDS, AND IN ADDITION, DELETING THE PROVISION ENTITLED "REVIEW OF BOARDS" IN ITS ENTIRETY Page 224 April 14, 2009 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:38 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL Dtt:.CTS UND~R ITS CONTROL ~d~ DONNA FIALA, Chairman ATTEST ..:., DWIGHT;~. BROCK, CLERK .;",'\',,, ,.", i / -, ~ .,r'. , ""'" ,'^ : . " \. " ~..u~'~ ,ton.tUN "pt:; ;',' ~\ ' These minutes approved by the Board on 5 \ W '200,\ as presented ~ or as corrected , TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 225