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BCC Minutes 05/12/2009 R May 12, 2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 12, 2009 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Fred Coyle Jim Coletta Frank Halas Tom Henning ALSO PRESENT: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Mike Sheffield, Assistant to the County Manager Jeffrey A. Klatzkow, County Attorney Sue Filson, BCC Executive Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA May 12, 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 TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." May 12, 2009 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 14, 2009 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - 5 Years 1) Sergeant David Estes, Animal Services Advisory Board 2) William Thomas Kepp, Jr., Animal Services Advisory Board 3) Robert Vigliotti, Collier County Planning Commission 4) Murray H. Hendel, Tourist Development Council and Coastal Advisory Committee May 12, 2009 Page 2 4. PROCLAMATIONS A. Proclamation designating May 25,2009 as National Missing Children's Day. To be accepted by Amelia Vasquez, Program Manager, National Center for Missing & Exploited Children/Collier County. B. Proclamation designating May 17 through May 23,2009 as Emergency Medical Services Week. To be accepted by Jeff Page, EMS Chief. c. Proclamation designating May, 2009 as Older American's Month. To be accepted by Leigh Shield, Executive Director of the Area Agency on Aging for SW Florida. D. Proclamation designating May, 2009 as Mental Health Awareness Month in Collier County. To be accepted by Petra Jones, Executive Director, The Mental Health Association of Southwest Florida and Brian Follweiler. E. Proclamation designating May 16 through May 22, 2009 as Safe Boating Week. To be accepted by Andy Evva, U.S. Coast Guard Auxiliary. F. Proclamation designating May 15,2009 as National Bike to Work Day and the month of May, 2009 as National Bike Month. To be accepted by Joe Bonness, Collier MPO Pathway Advisory Committee Chairman; David Buchheit, Collier County Community Traffic Safety Team Chairman; and Nancy Frye, Collier County Community Traffic Safety Team Secretary/Coordinator. 5. PRESENTATIONS A. Presentation by John Dunnuck, SFWMD, Everglades Restoration Staff Department Director, on the Proposed A TV Park. B. Recommendation to recognize Sam Frye, Administrative Assistant, Information Technology, as Employee of the Month for April, 2009. 6. PUBLIC PETITIONS A. Public petition request by Randy Johns to discuss off premise sign variance at the Florida Sports Park. May 12, 2009 Page 3 B. Public petition request by Dominick Amico, on behalf of St. John Neumann High School, to discuss deviation from LDC requirements involving perimeter walls, landscaping and sidewalks. Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled the Collier County Correctional Facilities Impact Fee Update Study, dated April 21, 2009; amending Schedule Four to reflect the revised rates set forth in the impact fee study and providing for a delayed effective date of August 11,2009, in accordance with the 90-day notice period required by Section 163.31801 (3)( d), Florida Statutes. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Hispanic Affairs Advisory Board. B. Appointment of members to the Environmental Advisory Council. 10. COUNTY MANAGER'S REPORT A. Request that the Board of County Commissioners consider a request by the Bureau of Emergency Services, Division of Forestry, Collier County Fire Chiefs Association, and the Collier County Sheriffs Office to enact a burning ban ordinance and direct staff to publish a Public Notice regarding the burning ban ordinance to be heard at the May 26, 2009 Meeting. (Dan Summers, Emergency Services Bureau) B. Recommendation that the Board of County Commissioners provide staff direction on whether to defer impact fees for a proposed 140 unit affordable rental apartment development located in Immokalee, Florida. (Marcy May 12, 2009 Page 4 Krumbine, Housing & Human Services Director) C. Recommendation that the Board approve a policy for future landscape expansion projects initiated by Developers, Municipal Service Taxing Unit (MSTU), or Homeowner Association (HOA) for inclusion into the Collier County Landscape Beautification Master Plan. (Michelle Arnold, A TM Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners (Board) approve an Easement Use Agreement for the existing drainage easement at 158 San Rafael Lane. 2) To accept final and unconditional conveyance of the water utility facility for Waterside Shops. 3) Recommendation that the Board of County Commissioners rescind the award of Contract ITB #08-5075, Collection Agency Service for Collier County to United Adjustment Corporation for failure to comply with bid requirements. May 12, 2009 Page 5 4) Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023, relating to property located at 2891 Bayview Drive, Collier County, Florida. B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement for a ten foot (10) slope easement which is required for the Collier Boulevard Project. Project No. 68056, Parcel No. 172 (Fiscal Impact: $2,335.00). 2) Recommendation to adopt a resolution authorizing the purchase of fee simple interests necessary for the construction of the interchange improvements and additional traffic lanes on Immokalee Road to support the interchange at 1-75. (Capital Improvement Element Nos. 42.2 and 43.1, Project No. 60171). Estimated fiscal impact for right of way acquisition: $250,000. 3) Recommendation to approve a Conveyance and Maintenance Agreement providing for the conveyance of county land (Parcels l32FEE and 1 32FEE2) and the maintenance of a noise attenuation wall for the Santa Barbara Boulevard Extension Project. (Project No. 60091.) Estimated Fiscal Impact: $100.00. 4) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for the Countywide Pathways Program, TIS Review, PUD Monitoring/Traffic Counts PIL, and PUD Monitoring/Fair Share Projects within the Transportation Supported Gas Tax Fund (313) in the amount of $234,959.77. 5) Recommendation to award RFP #08-5130 for Design and Related Services to be provided by CME Associates, Inc., for the Development of Accelerated Bridge Construction Standards and Pilot Bridge Construction (White Boulevard Bridge and 23rd Street Southwest), in the amount of $395,0 12, Project No. 66066. 6) Recommendation for the Board of County Commissioners to recognize FY 2008/2009 Federal Transit Administration Section No. 5311 additional revenue in the amount of $242,405.00 to Collier Area May 12, 2009 Page 6 Transit Fund (426) and approve the necessary budget amendments. 7) Recommendation to execute a Joint Participation Agreement between the Florida Department of Transportation (FDOT) and Collier County for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center, in an estimated amount of $1 ,300,000, allocated over three fiscal cycles. 8) Recommendation to approve submitting a Section No. 319 Nonpoint Source Management Program grant application to the Florida Department of Environmental Protection (FDEP) in the amount of $721,737 to construct the Griffin Road Stormwater Improvement Proj ect. 9) Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the submission of the Transportation Disadvantaged Trust Fund Trip/Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged, in the amount of$571,781. (CTD) c. PUBLIC UTILITIES 1) Recommendation to approve Amendment A02 to the existing Agreement No. ML070554 between Collier County and the South Florida Water Management District for water quality monitoring work that will modify the scope of work to include newly approved Florida Department of Environmental Protection quality control criteria. 2) Recommendation to approve AshBritt Environmental, Inc. (Contract #05-3661) and Solid Resources, Inc. (Contract #05-3831) as the initial debris removal and monitoring contractors in operational readiness for the upcoming 2009 Hurricane Season. 3) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Manatee Road 6 Million Gallon (MG) above ground water storage tank at a site located at 1300 Manatee Road in Collier County, Florida and at a cost not to exceed $61.00, Project No. 70157. May 12,2009 Page 7 4) Recommendation to approve acquisition of a Utility Easement and a Right of Entry required for the replacement and rehabilitation of the water distribution system serving the West Wind Estates Condominium at an estimated cost not to exceed $37.00, Project Number 71010. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Interlocal Agreement for the Collier County Sherriffs Office (CCSO) to take Coastal Zone Management (CZM) staff out to artificial reef sites to conduct monitoring of artificial reef sites in exchange for one (1) permanent vessel slip at Goodland Park. 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, four (4) Owner Occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. 3) 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. 4) Recommendation for the Board of County Commissioners to approve the Homeless Prevention and Rapid Re- Housing Program (HPRP) amendment to the 2008-09 HUD One Year Action Plan and authorize the Chairman to sign the necessary certifications and documents for submission to Housing and Urban Development (HUD) by May 18, 2009. 5) Recommendation that the Board of County Commissioners approve the conceptual plan for replacement of the Vanderbilt Beach restrooms and authorize staff to proceed with design and permitting. 6) Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Coastal and Marine Habitat May 12, 2009 Page 8 Restoration, through the American Recovery And Reinvestment Act (ARRA) grant application to the US Department of CommercelNational Oceanic Atmospheric Administration (NOAA) for marine debris removal on natural and artificial reefs, bridges and passes throughout the County in the amount of $623,355. E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners give after- the- fact approval for the attached South Florida Coastal Ecosystem Program grant application that was submitted to the U.S. Fish and Wildlife Service (USFWS) for $534,900 (of which $258,700 will be reimbursable) to fund invasive, exotic plant removal within the Pepper Ranch Preserve S SA - 7. 2) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution #2004-15 for the second quarter of FY09. 3) Recommendation to terminate the existing Contract #08-5017 for the Annual Contract for County Wide Exotic Vegetation Removal and award ITB #09-5225 for the Annual Contract for County Wide Exotic Vegetation Removal to the lowest responsive bidders by category, in an annual estimated amount of $350,000. 4) Recommendation that the Board of County Commissioners provides after-the-fact approval for the attached Water Savings Incentive Program (SIP) grant applications that were submitted to the South Florida Water Management District for water conservation projects in the amount of $450,342. 5) Recommendation to award Bid No. 09-5213, for the construction of the Administration Building (Bldg. F) Security Lobby Addition, Project No. 52525.1, in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Inc. (BCBE). 6) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. May 12,2009 Page 9 7) Recommendation that the Board of County Commissioners awards RFP #09-5126, Annual Contract for Purchasing, Leasing, Renting and/or Cleaning All Collier County Uniforms, to various vendors in the estimated annual amount of $350,000. F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve the submittal of a Federal Emergency Management Agency Assistance to Firefighter's Grant in the amount of $223,000 for the purchase of a Pumper Tanker for the Ochopee Fire Control District and authorize on-line submittal of the application. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 3) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to accept the Volunteer Fire Assistance Grant awarded to Ochopee Fire Control District in the amount of $11,716 for the purpose of refurbishing two 6X6 five ton vehicles. 4) Approve budget amendments. 5) Review the first quarter calendar year 2009 report on tourism activities on behalf of Collier County by the Tourism Department and the Naples, Marco Island, Everglades Convention & Visitor's Bureau. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the dedication of the Kokomis Historic Keewaydin boat on Friday, April 17,2009, at the Collier County Museum in Naples, Florida. $15.00 to be paid from Commissioner Halas' travel budget. May 12, 2009 Page 10 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a Fiddler's Creek Luncheon on April 17, 2009 at the Club & Spa at Fiddler's Creek in Naples, FL. $17.98 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 7th Annual Paradise Coast Tourism Star Awards Luncheon on May 13, 2009 at Fleming's Prime Steakhouse & Wine Bar in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier County Arts Forum Luncheon on April 24, 2009 at Hamilton Harbor in Naples, FL. $14.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council (EDC) Project Innovation luncheon meeting on Wednesday, April 15, 2009, at the EDC Offices in Naples, Florida. $7.50 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 April 18, 2009 through April 24, 2009 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of April 25,2009 through May 01,2009 and for submission into the official records of the Board. May 12, 2009 Page 11 w,',..---", '''''''"~''0"''''''_,'O'''<''''_~';''"~~~'"_''''''~__-<;_'''~_'"'',,_,,_..~.." '" ~ to". 'Ii( ',_"','",_i_,_'_"''''~'_'''_''".''''"''''''_''''~'''''''''''.'~''''''_,_,,,,._",,,,,.,,".,,__..^.,,~_,_~,,,_.~ 0''''''__''''_' '~'~''''-'''''''-'-'''''---''''''''"'-'''-'"''-'~'~--- 3) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of 2009) and designate the Sheriff as the official applicant, the Sheriffs office staff as Grant Program and Financial Managers of Sheriffs Office Applications, and execute the Certificate of Participation. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$157,000 for Parcel 109 in the lawsuit styled Collier County v. Regions Bank, et al., Case No. 07-3641-CA (Collier Boulevard Project #60001). (Fiscal Impact $9,800.) 2) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Gabriel Leyva, individually and as agent for Compass Auto Transport, Inc. and Compass Auto Transport, Inc., in County Court, Small Claims Division in and for Collier County, Florida to recover damages in the amount of $3,058.84, plus costs of the action. 3) Request that the Board of County Commissioners directs the County Attorney to advertise five ordinances for the sole purpose of relocating the advisory board ordinances relating to the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic/ Archaeologic Preservation Board, from the Collier County Land Development Code to the Collier County Code of Laws and Ordinances, and to waive the requirement, if any, to implement this relocation through a Special LDC Cycle. 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 May 12, 2009 Page 12 AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearin2 be held on this item. all participants are reQuired to be sworn in. Petition: SNR-2008-AR-14l15, (AC) GBP Development L TD, represented by Michael Herrera, P.E. ofQ. Grady Minor & Associates, P.A., is requesting a street name change from Chiasso Bend Court to Vadala Bend Court. Subject property is located in Fiddler's Creek Phase 4, Unit 2, Sections 11 and 14, Township 51 South, Range 26 East, Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an ordinance declaring a state of local economic emergency; tolling to May 12, 2011 the Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 10.02.l3.D of the Collier County Land Development Code (LDC). C. This item continued to the June 23. 2009 BCC Meetin2. An Ordinance amending the Code of Laws and Ordinances of Collier County, Florida, as adopted by Ordinance Number 02-49, as amended, The Collier County Fire Prevention and Protection Code, by amending Chapter 58, "Fire Prevention and Protection," Article II, "Fire Safety Standards", by amending Section 58- 26, pertaining to adopted standards and codes of the National Fire Codes published by the National Fire Protection Association (NFP A); Amending Section 58-27, pertaining to amendments to adopted fire codes, specifically NFP AI, 2006 edition; Amending Section 58-28, pertaining to amendments to the adopted life safety code, specifically NFP A 101, 2006 edition; Providing for the inclusion in the Code of Laws and Ordinances; Providing for conflict and severability; and providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. May 12, 2009 Page 13 , ."._,....".,__,~__u_,____~.,...."._,_~_,..____"'"'._.....,_____"";__,""'.',_""""'__"..>"",.......,..,'_.0.;'_'.._"'".___. r "" """,,,,,,_,,,,_,___,,,,__,"'_"'''''"'''"~''_'~~''~_.'''''.~'.'''_''''''~,,,,,,~-,,---,-",,",,-,,""-~"~-"-"'-'"'''-"-~'"^'''-''--.,_._,.,.._-~ May 12,2009 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Madam Chair, Commissioners, you have a hot mic. CHAIRMAN FIALA: Thank you very much. Audience members, would you stand with me while we hear a prayer, and then after that, I ask you to place your hands over your hearts while our sheriff, or our previous sheriff, our former sheriff, Don Hunter, leads us in the Pledge of Allegiance. Come on up, Don. County Manager? MR. MUDD: Okay. Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff, and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide and direct decisions made here today so that your will for our county would always be done. These things we pray in your holy name, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Mr. Hunter, it is so good to see you here today. MR. HUNTER: Thank you. Good to see you. CHAIRMAN FIALA: Welcome, welcome. I hope you're staying for the whole day. County Manager? Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES Page 2 May 12, 2009 MR. MUDD: Madam Chair, Commissioners, agenda changes for the Board of County Commissioners' meeting, May 12, 2009. Item 4C, this proclamation to be accepted by Angela Fischer, director of client services for the Area Agency of (sic) Aging for Southwest Florida, and that correction's at staffs request. The next item is to continue indefinitely Item 6A. It's a public petition request by Randy Johns to discuss off-premise sign variation at the Florida Sports Park. And again, that continuance is at the petitioner's request. The next item is 16B7. It's a resolution for this item was omitted from the agenda packet. Copies of the resolution have been distributed. Recommendation to execute a joint participation agreement between the Florida Department of Transportation, FDOT, and Collier County for the Collier Area Transit, CAT, intermodal transit (sic) facility at the government center in an estimated amount of $1,300,000 allocated over three fiscal cycles. That clarification and the resolution is at staffs request. The next item is 16B9. The total amount of the grant application is $635,069 rather than $571,781 as listed on the agenda index for this item. That clarification's at staffs request. The next item is to move Item 16E5 to 10D. It's a recommendation to award bid number 09-5213 for the construction of the administration building, Building F, security lobby addition, project number 52525.1 in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Inc. That item is being moved at Commissioner Coyle's request. The next item is a time-certain item, which is Item 8A to be heard at 10:30 a.m. It's a recommendation that the Board of County Commissioners adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance; providing for the incorporation by reference of the impact fee study entitled, "The Collier County Page 3 May 12, 2009 Correction Facilities Impact Fee Update Study" dated April 21, 2009; amending Schedule 4 to reflect the revised rates set forth in the impact fee study and providing for a delayed effective date of August 11, 2009, in accordance with the 90-day notice period required by Section 163.31801(3)(d) of the Florida Statutes. And that time-certain item is at staffs request, and it has to do with the brevity of your agenda today, and it's rather small scale, so I think Leo's been doing a pretty good job. The next item, Madam Chair, you had a concern about the burning ban. CHAIRMAN FIALA: Yes. MR. MUDD: Okay. I will tell you today, we have the ordinance and we have the resolution ready to go if that's what the board's direction is, instead of waiting a week because of the severe drought and dry period that we're in. CHAIRMAN FIALA: Let me explain to the other commissioners what my intent is. We have a burning ban on our agenda here to bring back the ordinance at end of May. And I'm thinking -- and I contacted the county manager and the assistant county manager to say that I'm very concerned with waiting a couple more weeks put it into effect when we're so dry right now. And by the time we put this into effect, it's already going to be practically rainy season. And I was going to ask board members if they wouldn't mind if we had some type of an emergency ordinance to put in effect today. I asked county manager, or rather I asked Leo Ochs if he would contact Dan Summers, and then Dan would contact the Sheriffs Office, just to make sure everybody felt that this was something that they could do immediately. And so, if you wouldn't mind, that's my -- that's my thrust today. Would that be all right with everyone? COMMISSIONER COLETTA: Sounds good. COMMISSIONER HALAS: Got my vote. Page 4 May 12, 2009 COMMISSIONER COYLE: Sounds good to me. COMMISSIONER HENNING: Is it legal? CHAIRMAN FIALA: Yeah. I talked with Jeff Klatzkow, thank you. I'm glad you mentioned that. Yes, I talked with Jeff Klatzkow, and it was legal. Okay, fine. Thank you. We will then discuss that so everybody knows where to move on that agenda item, Jeff? Great. Okay, thank you. That's it, sir? MR. MUDD: That's all I have, ma'am, as far as changes are concerned. CHAIRMAN FIALA: Thank you so much. Good to see your smiling face here, Jim. We love seeing you every day when you come into this office. I'd tell you how cute you are, but that's not a thing to say on the record right now, right? MR. MUDD: I'm having -- CHAIRMAN FIALA: Ladies can get away with things like that. MR. MUDD: I'm having trouble with females in my life trying to move their hands through my curly locks. MR. DeLONY: I understand the problem, Jim. MR. MUDD: Just a little bit of levity. CHAIRMAN FIALA: It's fun to laugh, isn't it? And Commissioners, I ask if you have anything to declare on the consent or the summary agenda or if you have any changes or corrections to the agenda items. We'll start with you, Commissioner Coletta. COMMISSIONER COLETTA: Thank you, Madam Chair. I have no disclosures on the summary or consent agenda, and I have no changes to the agenda. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I have no ex parte communique on today's agenda, and the summary agenda has taken care of my concerns on consent. Page 5 May 12, 2009 CHAIRMA.N FIALA: Great. Thank you. Commissioner Coyle? COMMISSIONER COYLE: I have no disclosures for any item on any portion of the agenda. That's a historic moment. And I have no further changes to the agenda. CHAIRMAN FIALA: Very good. And Commissioner Halas? COMMISSIONER HALAS: Yes. Good morning, Chair. I, myself, do not have any ex parte on either the consent or the summary agenda, which is really a first since I've been a commissioner, and I have no changes to today's agenda. Thank you. CHAIRMAN FIALA: Thank you. And I'll follow it up by telling everyone, I don't have any ex parte on the summary or the consent agendas. and no changes to the regular agenda. So with that, I will entertain a motion. COMMISSIONER HALAS: I make a motion -- COMMISSIONER COYLE: Second. COMMISSIONER HALAS: -- we approve today's agenda. CHAIRMAN FIALA: And a second. Okay, very good. The motion was made by Commissioner Halas, second by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 12. 2009 Item 4C: This proclamation to be accepted by Angela Fischer, Director of Client Services of the Area Agency on Aging for SW Florida. (Staff's request.) Continue Indefinitelv Item 6A: Public petition request by Randy Johns to discuss off premise sign variance at the Florida Sports Park. (Petitioner's request.) Item 16B7: Resolution for this item was omitted from the agenda packet. Copies of the Resolution have been distributed. "Recommendation to execute a Joint Participation Agreement between the Florida Department of Transportation (FOOT) and Collier County for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center, in an estimated amount of $1,300,000, allocated over three fiscal cycles." (Staff's request.) Item 16B9: The total amount of the grant application is $635,069, rather than $571,781 as listed on the agenda index for this item. (Staff's request.) Move 16E5 to 100: Recommendation to award Bid No. 09-5213, for the construction of the Administration Building (Bldg. F) Security Lobby Addition, Project 52525.1, in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Inc. (Commissioner Coyle's request.) Time Certain Items: Item 8A to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled The Collier County Correctional Facilities Impact Fee Update Study, dated April 21, 2009; amending Schedule Four to reflect the revised rates set forth in the impact fee study and providing for a delayed effective date of August 11, 2009, in accordance with the 90-day notice period required by Section 163.31801 (3)(d), Florida Statutes. (Staff's request.) 5/12/2009 8:39 AM May 12, 2009 Item #2B MINUTES FROM THE APRIL 14, 2009 - BCC/REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER HENNING: Madam Chair, I make a motion that we approve the April 14, 2009, BCC regular meeting. CHAIRMAN FIALA: Very good. And a second? Commissioner Coletta? COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay, very good. 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. We move on to the service awards. Item #3A ADVISORY COMMITTEE SERVICE AWARDS - 5 YEAR RECIPIENTS - PRESENTED MR. MUDD: Commissioners, we have -- we have four that are listed on our agenda and three that are on the change sheet. But let's start out with advisory committee service awards for five years. The first goes to Sergeant David Estes for five years on the Animal Services Advisory Board. Page 7 May 12, 2009 Sergeant Estes, if you could come forward, please. (No response.) COMMISSIONER HALAS: He's out chasing dogs. MR. MUDD: Okay. The next five-year awardee is -- goes to Robert Vigliotti for five years on the Collier County Planning Commission. (Applause.) CHAIRMAN FIALA: Thank you for all your service, Bob. We really appreciate it. COMMISSIONER COYLE: Good morning. Thank you for your service. COMMISSIONER HENNING: Appreciate it. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Have to record this historic moment. (Applause.) MR. MUDD: The next awardee is Murray H. Hendel for five years on the Tourist Development Council and the Coastal Advisory Committee. Mr. Hendel? (Applause.) COMMISSIONER HALAS: Good morning, Murray. COMMISSIONER COYLE: Hi, Murray. Congratulations. CHAIRMAN FIALA: Here's a pin for you. COMMISSIONER HENNING: Thank you for your service. COMMISSIONER COLETTA: Thank you for your time. (Applause.) Item #4A PROCLAMATION DESIGNATING MAY 25, 2009 AS NATIONAL MISSING CHILDREN'S DAY. ACCEPTED BY AMELIA VASQUEZ, PROGRAM MANAGER, NATIONAL Page 8 May 12,2009 CENTER FOR MISSING & EXPLOITED CHILDREN/COLLIER COUNTY - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations. Our first proclamation today is 4A. It's a proclamation designating May 25, 2009, as National Missing Children's Day. To be accepted by Amelia Vasquez, the Project Manager for the National Center of Missing and Exploited Children of Collier County. (Applause.) CHAIRMAN FIALA: Don, come on up. MR. HUNTER: I'm just here as a prop. (Applause.) MS. VASQUEZ: May I address? I want to thank commissioners for your ongoing support, County Manager Jim Mudd. And today I'm here with Sheriff Don Hunter and Sergeant Becker from Collier County Sheriff's Office. Today is -- May 25th is very important to us as it commemorates National Missing Children's Day, and we wanted to make it clear that we do have missing kids in Collier County, and this is for those children that are currently missing. As of today, we have 12 missing children in Collier County. This is for them. This is a -- we want to make May 25th a national priority to commemorate those that are still missing. We want to keep the hope alive for those kids that are missing. I want to really quickly read the names of those children. Our biggest mystery is Wendy Hudakoc that went missing in 1998. We also have Florinda Lopez that went missing in 200 1. We have Neil Edelman (phonetic) that went missing in 2003. We have Marinzel Arreaga, missing in 2007. Then we have Wendy Bariston, missing in 2008, November. We -- in addition we have Nada Gonzalez Rodriguez missing in 2009 in February of this year. We, in addition, have his brother, Adrian Page 9 May 12, 2009 Gonzalez. We have Jamie Batista, missing in 2008. Carmen Batista in 2008. And, of course, everyone has heard, Adji Desir, missing in January of2009 of this year. In addition, we have Daniel Garcia, and we have Anna Maria Jimenez missing in June, 2008. We want to keep the hope alive and want to make sure that we tell these parents that we will continue fighting and keep -- bring them home someday, and that is the hope. And for all the 800,000 children missing every year, 2,000 a day, there's still those children out there and the promises that we will bring them home. And I want to encourage you all to join us on May 25th. We're going to be at Dillard, Coastland Center Mall. Also in addition with the Sheriffs Office, Naples Police Department, and other child advocates, and together we're going to make child priority issues a national priority. Join us, and it's from 11 to three. Thank you so much. (Applause.) Item #4B PROCLAMATION DESIGNATING MAY 17 THROUGH MAY 23, 2009 AS EMERGENCY MEDICAL SERVICES WEEK. ACCEPTED BY DAN SUMMERS, DIRECTOR OF EMERGENCY SERVICES - ADOPTED MR.OCHS: The next proclamation, Madam Chair, is Item 4B. It's a proclamation designating May 17th through May 23,2009, as Emergency Medical Services Week. To be accepted by Dan Summers or Chief Jeff Page. Dan is the Director of your Emergency Services Bureau. (Applause.) Page 10 May 12,2009 MR. OCHS: Take the proclamation. MR. SUMMERS: Thank you. (Applause.) MR. SUMMERS: Commissioners, thank you. Good morning. Dan Summers, director of the Bureau of Emergency Services. Thank you for taking an opportunity to recognize the fine men and women in emergency medical services in Collier County and to help us recognize their work that takes place every day and recognize this effort that's -- gets national attention. I think it's important that you understand that we share this proclamation in Emergency Medical Services Week humbly with the 911/Sheriffs Office telecommunicators, our first responders that assist us in the fire service and law enforcement as we respond to critical emergency medical care. Bystander-assisted CPR. We have thousands of people in Collier County trained in cardiac arrest resuscitation, the program that you've instituted helping us with the automatic external defibrillators in Collier County; our aeromedical trauma team that provides that lifesaving critical care transport to regional trauma centers to the men and women in Collier County Collier EMS who essentially operate a mobile emergency room, what I refer to as a mobile intensive care unit on wheels, and that's what they do, providing stability, comfort, and reassurance to a patient being transported to the emergency room; and the emergency room doctors and nurses that are also part of that team, we humbly share this. And I might add a bit of last-minute fast-breaking news. I'm very honored to report to you today that Dr. Robert Tober has been awarded the State of Florida EMS Director of the Year, and more information will be forthcoming on that. So thank you for your continued support and thank you to the men and women all across this county that make up one of the most advanced pre-hospital care programs in the country. Page 11 May 12, 2009 Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING MAY, 2009 AS OLDER AMERICAN'S MONTH. ACCEPTED BY ANGELA FISCHER, DIRECTOR OF CLIENT SERVICES OF THE AREA AGENCY ON AGING FOR SW FLORIDA - ADOPTED MR. MUDD: Madam Chair, your next proclamation is 4C. It is a -- it is a proclamation to be accepted by Angela Fischer, the Project Director of Client Services of the Area Agency on Aging for Southwest Florida. Ms. Fischer, if you could come forward, please. (Applause.) MS. FISCHER: Good morning. It is my great honor and pride to accept this proclamation on behalf of older Americans. This month provides an ideal opportunity to pay tribute to older Americans, to reflect on all the contributions they have made and continue to make to our community. May 29th has been designated as Older Americans Month and is celebrated nationally, and the theme this year is, "Living today for a better tomorrow." This theme reflects the administration on aging's continued focus on prevention programs, of how older adults have better health as they age, and to avoid risk of chronic disease and disability. Older Americans are a valuable member of our society who are rich with experience and deserving of respect. Collier County Housing and Human Services has served as the lead agency for more than 30 years and provides in-home services for more than 200 frail and elderly to assist them to remain in their home Page 12 May 12, 2009 for as long as possible. Collier County Housing and Human Services feeds 155 home-bound elderly with home-delivered meals and 125 more active seniors in the nutrition services programs in Immokalee, East Naples, and the newest cite of Golden Gate Community Center. And these numbers reflect a 50 percent increase in clients served through the dedication and hard work of Heidi Finestock (phonetic), nutrition program leader, and other staff, and the Collier County Housing and Human Services partners and home care agencies, civic groups, community associations, and other county departments to identify needs and secure resources for older residents. I would also like to take this opportunity to express appreciation to the Collier County Commissioners, Collier County Housing and Human Services, and the Leadership Council and all of the other agencies and groups that are part of the aging network who work with and support older adults on a daily basis. Thank you, again, on behalf of the older Americans. Thank you. (Applause.) Item #4D PROCLAMATION DESIGNATING MAY, 2009 AS MENTAL HEAL TH AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY PETRA JONES, EXECUTIVE DIRECTOR, THE MENTAL HEALTH ASSOCIATION OF SOUTHWEST FLORIDA AND BRIAN FOLL WEILER - ADOPTED MR. MUDD: Madam Chair, that brings us to proclamation 4D, which is a proclamation designating May, 2009, as Mental Health Awareness Month in Collier County to be accepted by Petra Jones, Executive Director, the Mental Health Association of Southwest Florida, and Brian Follweiler. Page 13 May 12, 2009 (Applause.) MS. JONES: I would like to thank you for your continued support and also remind everyone that mental health is just as important as physical health. Thank you. (Applause.) Item #4 E PROCLAMATION DESIGNATING MAY 16 THROUGH MAY 22,2009 AS SAFE BOATING WEEK. ACCEPTED BY ANDY EVV A~ U.S. COAST GUARD AUXILIARY - ADOPTED MR. MUDD: Commissioner, your next proclamation is 4E. It's designating May 16th through May 22, 2009 as Safe Boating Week, to be accepted by Andy Evva, United States Coast Guard Auxiliary. Mr. Evva, or should I say Captain Evva? (Applause.) CAPTAIN EVV A: Chairwoman, may I briefly address the county commission? But I would like to do it from here. County Commissioner, Jim Mudd-- COMMISSIONER HALAS: County Manager. CHAIRMAN FIALA: You have to do it by microphone though so we have it on the record. You can each take a separate one if you want. MR. MUDD: Hey, Andy. CAPTAIN EVV A: Colonel Mudd, perhaps both government and military protocol limit the expression of personal gratitude during an event such as this; however, Coast Guard Auxiliary District 7 command and guide -- and guidelines regarding the exchange of the salute between current and former military personnel allow us to express our gratitude for your 26 years of dedicated military service to our country and nine years of professional management of the Page 14 May 12, 2009 business of our Collier County community and to now render our salute. (Applause.) MR. SKAGGS: I just want to do a brief word about what National Boating Safety Week's all about. It is a national event, not only three flotillas in Collier County, but our squadron shared a marine division of the Sheriffs Office, Fish and Wildlife, we're all involved in this. And if we want -- one thing we want to tell everybody is wear your life jackets. That saves, statistically, an awful lot of lives. So everybody enjoy the water, have fun, but be safe. (Applause.) COMMISSIONER HENNING: And my boat's been very safe. It's been in the backyard for months. Item #4F PROCLAMATION DESIGNATING MAY 15, 2009 AS NATIONAL BIKE TO WORK DAY AND THE MONTH OF MAY, 2009 AS NATIONAL BIKE MONTH. ACCEPTED BY JOE BONNESS, COLLIERMPO PATHWAY ADVISORY COMMITTEE CHAIRMAN; DAVID BUCHHEIT, COLLIER COUNTY COMMUNITY TRAFFIC SAFETY TEAM CHAIRMAN; AND NANCY FRYE, COLLIER COUNTY COMMUNITY TRAFFIC SAFETY TEAM SECRETARY/COORDINATOR - ADOPTED MR. MUDD: Madam Chair, Commissioners, our last proclamation is designating May 15,2009, as National Bike to Work Day, and the month of May, 2009, as National Bike Month to be accepted by Joe Bonness, the Collier MPO Pathways Advisory Committee chairman; David Buchheit, the Collier County Community Page 15 May 12, 2009 Safety Team chairman; and Nancy Frye, the Collier County Community Traffic Safety Team secretary and coordinator. (Applause.) MR. BONNESS: I'd very much like to thank you for the proclamation in support of the Bike to Work Week. It's of great benefit for all of Collier County to get more people out there, being able to lead a healthy lifestyle and to be able to relieve traffic congestion by biking. Thank you. (Applause.) COMMISSIONER HALAS: Madam Chair, at this time I'd like to make a motion that we approve all the proclamations that were read today. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: And I have a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you very much. And we move on to presentations. Item #5A PRESENTATION BY JOHN DUNNUCK, SFWMD, EVERGLADES RESTORATION STAFF DEPARTMENT DIRECTOR, ON THE PROPOSED ATV PARK - MOTION FOR COUNTY ATTORNEY TO BRING BACK WITH AL TERNA TIVES AND COST ANALYSIS - APPROVED Page 16 May 12, 2009 MR. MUDD: Yes, ma'am. The first presentation is by John Dunnuck of the South Florida Water Management District, Everglades Restoration staff department director, on a proposed A TV park. CHAIRMAN FIALA: We're losing our audience. MR. MUDD: Well, they must have heard Mr. Dunnuck speak before. CHAIRMAN FIALA: I can't understand why they don't want to stay here for this scintillating meeting. Okay, John. MR. DUNNUCK: Good morning, Commissioners. For the record, John Dunnuck, Program Manager for Everglades Restoration with the South Florida Water Management District. I was called here today to kind of give an update of where we are with the A TV issue stemming back to the 2007 agreement, and I have basically a five-slide presentation, and I can walk you through, from a District perspective, of where we are, status, and I believe it will probably open up the interaction of the proposed park that's over in Miami-Dade County and the District's involvement in that park to date. Presently right now under the 2007 agreement the Lake Trafford site is still the permanent designated location for the A TV site. Under that 2007 agreement, the District agrees, due to park design, to ensure the site would be safe for A TV riding. We also committed to provided an interim location of 150 acres, and we -- the District committed to provide funding for a boat ramp. The Lake Trafford -- some of the good news is, the Lake Trafford dredging, we're remobilized, and we anticipate completion in early 2011. I believe in the last couple years one of the hold-ups of that future park site has been the fact that, due to the drought we had two years -- the last two years, we couldn't get in there and finish the littoral zone cleaning of the lake, and so we had to delay the final Page 1 7 May 12, 2009 dredging of the project. Well, we have subsequently been able to remobilize that, and we have started the construction of that again, and they should be moving the dirt out of the lake in the pipes very soon again. In the interim, we've provided $550,000 for the purchase of a boat ramp facility down in Port of the Isles. That was one of the commitments we made and we followed through near the latter part of this past year. And the District has also requested Department of Interior authorization to utilize 200 acres at the C-43 reservoir test cell location in Henry County as an interim A TV site. To give you a little perspective from the last time we met, we met with Commissioner Coletta and a commissioner from Hendry County in utilizing what will be our future reservoir, which is, from a time standpoint, we put on hold due to funding constraints, but we have a test cell location in there where we'd already done and impacted the land, so we've gone forward and we've asked the Department of Interior to do what's called a land-use change so that we can open up that site for an interim A TV site. We've been meeting with Brian McMahon and some of the other riders who I think were very pleased with the location of that site, and we think it's got a lot of possibility with it. We're a little disappointed, frankly, that we haven't gotten a response yet from the Department of Interior, and we've set up a conference call that we're trying to get ahold of later this week. They've never dealt -- it's -- we're actually not dealing with the Vero Beach office. We're dealing with the Atlanta office, and they've never dealt with an interim land-use change to an ATV park before, so they have a few concerns even though we've done all the environment assessments and so forth to show that we don't see any impact there. From an opportunity standpoint, we recognize that Lake Trafford is several years out, so when opportunities have come up, we have -- we've pursued them. We've looked at them. Page 18 May 12, 2009 We reviewed a site right over the Collier County border in Hendry County of 640 acres. It was valued at about $2.9 million; however, they subsequently pulled it off the market, and we're continuing to lease it for mining operations. The district participated in meetings with Miami-Dade County regarding a jetport facility, which I believe will probably be the bulk of this conversation today, and I believe you have in your backup the letter we sent to Miami-Dade with the District's, you know, position with respect to that park site. While I do think their consultant did a terrific job of putting the package together, and I think from a standpoint of making every argument you possibly can that that would be a great facility for an A TV park, we do believe that there is going to be a lot of controversy once it goes through the permitting process. And additionally, we are reviewing other opportunities. We've kind of expanded our horizon. One of the things I'm hoping to get from the Collier County Commission today is acknowledgment that Collier County may not be the only location we need to look at if we want to accelerate a future site, and so we have been looking at other sites in Hendry County. And we really haven't talked to the commission as a whole whether you'd be willing to acknowledge that or not, but we have been looking, and we've been talking to the A TV riders about the possibility of that. We do believe in this market there's opportunities and we're pursuing everything that becomes available on the marketplace that we have some potential with. And at that point I wanted to open it up for discussion because I believe there's going to be a lot regarding the District's position. COMMISSIONER COLETTA: Suggestion, if I may. I think we got one or more speakers. Could we hear the speakers first and then go to discussion, as a suggestion? CHAIRMAN FIALA: Do we usually have speakers on these? Page 19 May 12, 2009 MS. FILSON: That's up to you. I do have one speaker registered. CHAIRMAN FIALA: One speaker. Well, we'll do that, okay. MS. FILSON: Rick Varela. MR. VARELA: Good morning, Commissioners. Thank you for the opportunity to come up here and voice our opinion on this matter. In 2006 I petitioned the county commissions -- Commissioners, excuse me, to have this be brought up in front of you. At the time the assistant county attorney had agreed to give South Florida Water Management an extension of three years. You guys turned that down saying that that \vas not permiss- -- was not acceptable in your opinion. Well, we're almost up to that three-year deadline and nothing has happened. And since then my girls have gotten older and three years have gone -- two-and-a-halfyears have gone by that will never be replaced. South Florida Water Management currently owns 300,000 acres of public land. To me it is inconceivable that they cannot find 640 acres out of those 300,000 that they currently own. I still believe, and it's our opinion, meaning the ATV -- various A TV clubs that I represent -- that you guys should cancel that contract with South Florida Water Management and take back the roads in the Picayune and allow us to run at least some of those roads in there. It's just inconceivable that out of 300,000 acres you cannot find 640 acres. We always come back to the same thing, things like panther habitat or environmentally sensitive land. I have telemetry data from the parks service showing all the panther telemetry in Ave Maria. South Florida Water Management approved a permit to build in Ave Maria, but you can't ride an A TV anywhere close to there. It is our opinion that the county needs to rescind on that contract between yourselves and South Florida Water Management, take back Page 20 May 12, 2009 the roads, and once South Florida Water Management makes good on its contractual obligations, then give the roads back. And thank you again for your time. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, Mr. Klatzkow, if I may direct questions to you, sir. When was this contract supposed to be fulfilled where we were supposed to have the 640 acres up and running? MR. KLATZKOW: We're past that. We're past that by a couple of years now. COMMISSIONER COLETTA: And we've had this discussion before us numerous times. At this point in time, the reason why, Mr. Dunnuck, we invited you here today, or at least I initiated the process that brought you here today, was our concern over our one possibility out there. And I'll be honest with you, I truly believe in my heart that the Immokalee site is nothing more than a ruse. It's just a -- it's an ongoing thing to try to let the clock run out. Everybody loses interest and goes home. And when the day comes that they get to that Immokalee site it's going to be impossible to mitigate it because of the arsenic that's there. It's going to be an issue of, well, no matter what we do as far as laying down the trails, people will go off the trails, they'll still have arsenic, the liability's too great, so we're not going to be able to do it. I really think that if -- the people that are in the know at Water Management know this in their heart that that's never going to happen there. There's too many factors out there that have been leading us down this road where we're going noplace. Now, we've finally got something going, and we've had meetings with everyone from the state to the federal government regarding the site out in the Everglades, the jetport. Everything's going great for it. Everything looks like it's going to fall together. There's only one element that's missing from this equation, and that's a simple little Page 21 May 12, 2009 element, it's called money, money that this commission should not be responsible to come up with to be able to do the initial studies. If you take 640 acres, which is probably worth maybe $30 million, and if you figured the interest on it since 2005, that wouldn't even come close to covering the costs that we need. I mean, that would way exceed the money that's needed to be able to cover the cost to be able to get the site at the jetport up and running. Meanwhile, we're going to go back and forth, and Water Management has falled (sic) back on their contractual obligations. And I would say to you, sir, that I suggest this commission consider seriously getting down to involving the county attorney and taking you to court and suing you for the value of 640 acres. Then when we have the money, we (sic) can be determined where we can buy this recreational land for the people that have that pursuit in. And, you know, I don't know where else to go with it. Mr. Klatzkow, could you please comment on that? MR. KLATZKOW: Well, I'd be happy to come back to the board with an executive summary laying out the various options for the board to consider so we can have a broad conversation on that. They're clearly in breach of the contract. They've been in breach of the contract close to four years now. It's a political decision what you want to do. I'd be happy to come back with alternatives. COMMISSIONER COLETTA: Well, that would be the direction I would like to see is what options do we have as far as what we should pursue, and then have -- be able to take out of that a choice of two or three items to be able to go forward at that point in time. But we're going noplace with this now. It's been a continuous round-robin. Keeps coming back all the time, and we're always in the pursuit, this is happening, that's happening, we got this lined up, we got that lined up, nothing ever happened, nothing, in all these years. So let's take that contractual obligation, take a good look at it, and maybe go for the money. Page 22 May 12, 2009 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, I guess I heard so far that a site out of Collier County is not an option. Didn't -- did we go into litigation with the District on that agreement or -- in the past? MR. KLATZKOW: No. We've never commenced litigation on this agreement. We've had discussions with them and we've had subsequent agreements with them that, well, haven't been followed. I don't know what to tell you. It's -- they promised you 640 acres in Collier County. And from what I'm hearing, you're not going to get it. So it's up to the board what you want to do about it at this point in time. They're suggesting Hendry County. That mayor may not be acceptable. Commissioner Coletta's, his point is, maybe we should just take the money and buy it ourselves. That may not be acceptable to the board. I can give you a number of alternatives. COMMISSIONER HENNING: And John, you made the statement that the jetport would be a permitting nightmare; is that what you said? MR. DUNNUCK: I didn't say nightmare. I said challenge. COMMISSIONER HENNING: Challenge from state government or federal government, local government? MR. DUNNUCK: I believe until they actually see the permit application, they're going to withhold judgment, but I do believe there's signs out there that there's going to be concerns with permitting that site. And our concern has been, if we invest money into the environmental assessment of a site, it could be very costly, and at the end of the day you could get an answer of no, and we think that would be irresponsible to the taxpayers' dollar, and that's what we're concerned about. COMMISSIONER HENNING: So your concern is about the Corps permitting? MR. DUNNUCK: We're concerned about all steps of the Page 23 May 12, 2009 permitting from the growth management side all the way throughout. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: So Commissioner Coletta, is your suggestion that we ask Jeff Klatzkow, our county attorney, to put something together and bring this all back to us for an open discussion at a future meeting? COMMISSIONER COLETTA: That's exactly -- in fact, I'll put it in the form of a motion -- CHAIRMAN FIALA: Please. COMMISSIONER COLETTA: -- so there's no misunderstanding of our intent. COMMISSIONER HENNING: I'll second that motion as long as we can get a cost analysis, fiscal impacts. MR. KLATZKOW: And if the county manager could work with me on that, we could -- MR. OCHS: Absolutely. MR. KLATZKOW: -- put together something fairly comprehensive. CHAIRMAN FIALA: I have a motion on the floor, a second. Commissioner Halas? COMMISSIONER HALAS: Yeah. If -- I hope we take in consideration that if we're going to look at South Florida Water Management in saying that we'll take the value in money that we also look at what it's going to take to permit a park of this nature. So obviously we're going to have to jump through hoops if we take this on ourselves. So this could be quite an amount of money in regards to permitting and getting this thing going, not only just buying the land. So I think that's part of the equation when we start looking at what we're going to go after, South Florida Water Management, in regards to the money. CHAIRMAN FIALA: Commissioner Coletta, did you also want Page 24 May 12, 2009 them to -- COMMISSIONER COLETTA: I agree. I would assume that we're looking at all costs on this because we were promised 640 acres ready to go, not just 640 acres turned over to us for the permit and everything. Commissioner Halas brings up a very good point. There's more than 640 acres. Just value of that, plus what it would cost to be able to do the environmental studies, permitting, whatever, the setup of the park. That should all be taken into consideration on that. Of course, Mr. Klatzkow will review the contractual agreements that we made and hold them to it. CHAIRMAN FIALA: And Commissioner, did you also want them to study, as the suggestion from the speaker, to just take back the property that we already -- COMMISSIONER COLETTA: That would be an option to look at. I don't know what the possibilities of that might be, but that would certainly be an option. MR. KLATZKOW: I'll put that in my executive summary as a possibility, though it will be lower on the list, I think. CHAIRMAN FIALA: Okay. Any more discussion on this subj ect? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Okay. MR. DUNNUCK: Thank you for your time. Page 25 May 12, 2009 COMMISSIONER COLETTA: Thank you. Item #5B RECOGNIZING SAM FRYE, ADMINISTRATIVE ASSISTANT, INFORMATION TECHNOLOGY, AS EMPLOYEE OF THE MONTH FOR APRIL~ 2009 - PRESENTED MR. OCHS: Madam Chair, our next item is item 5B. It's a recommendation to recognize Sam Frye, Administrative Assistant, Information Technology, as Employee of the Month for April, 2009. Mr. Frye, come forward, please. (Applause. ) MR.OCHS: Madam Chair, if I may read-- CHAIRMAN FIALA: Sure. MR. OCHS: Stand over there, Sam. We want to embarrass you a few more minutes. Commissioners, Sam Frye has been an employee of the county for over ten years and has worked in the information technology department since 2000. Sam's administrative abilities have always been an asset to the information technology department and their complex and diverse operations. She's a team player who completes tasks efficiently and provides extraordinary customer service. She is a team player. She's professional and courteous and the development receives frequent compliments from vendors and customers about her work. Sam can always be counted on to provide assistance to her coworkers and is proactive in seeking solutions when difficulties arise. In 2008, the true value of her skills was highlighted when she was called upon to take on additional duties due to staffing shortfalls. With one vacant position and one employee on leave, Sam stepped in and took over all of the department's purchasing, fiscal, and Page 26 May 12, 2009 administrative duties without assistance from a temporary employee. In these difficult economic times, Sam's commitments to take on additional tasks without temporary assistance resulted in a significant cost savings and served as an additional example of her outstanding value to Collier County. She is truly deserving of this award. Commissioners, ladies and gentlemen, I'd like to present to you our Employee of the Month for April, 2009, Ms. Sam Frye. (Applause.) CHAIRMAN FIALA: Sam, we have a little something for you, just a little letter from me, and a little check, which will help just a little bit. Thank you for all you do for us, Sam. MR. OCHS: Thank you, Sam. Commissioners, that takes us to Item 6 on your agenda, public petitions. 6A was continued indefinitely. Item #6B PUBLIC PETITION BY DOMINICK AMICO, ON BEHALF OF ST. JOHN NEUMANN HIGH SCHOOL, DISCUSSING DEVIATION FROM LDC REQUIREMENTS INVOLVING PERIMETER WALLS, LANDSCAPING AND SIDEWALKS - DISCUSSED MR. OCHS: That takes us to Item 6B, public petition request by Dominic Amico on behalf of St. John Neumann High School to discuss deviation from Land Development Code requirements involving perimeter walls, landscaping, and sidewalks. MR. AMICO: Good morning. For the record, Dominic Amico with Agnoli, Barber, and Brundage on behalf of St. John Neumann High School and the Diocese of Venice. We're here today, we'd like to thank you for taking our request Page 27 May 12, 2009 under consideration. I will try not to spend too much of your time. I have several members of the diocese with me and the school, including the chancellor, the director of construction, the principal of the school, and several parents. If you have any questions of them, I'll be more than glad to bring them up and have you answer them (sic). We're currently preparing Site Development Plan and architectural plans for improvements at the school. We've handed out a map that will help us visualize some of the things we're talking about today. I've got it on the visualizer, and you all should have a hard copy as well. The improvements proposed are a new chapel, a student life center, an athletic training facility, and some support, courtyards, rather large cross, things of that nature. These are the vertical elements of the site development that we're currently looking at. Our request today, however, involves the land development site work type of things and not the vertical. I just thought it would be a good idea to layout what it is we're proposing to do. We've met on various occasions with staff. They've been very helpful, but it was their conclusion is, that they couldn't grant any of our requests and that it really needed to be this group of commissioners that consider and pass judgment on the request. Specifically, the Land Development Code, Section 5.03.02E, requires a 6-foot-high masonry wall around the perimeter of this site. The perimeter of the school site, as indicated on the exhibit we provided, is roughly a mile. As you can see, all the improvements we're proposing are clustered central to the school. This is -- this is a commercial standard, from commercial or industrial to residential. The school is classified as a commercial use. Section 4.06.02C4 requires a 20-foot Type D landscape buffer around the entire perimeter of approximately a mile. The portions of the site in this area here are essentially the high-vehicular student-use areas. It's the parking lot, it's the buildings, Page 28 May 12, 2009 it's the place where kids come and go, teachers come and go. That area is fairly well buffered currently from the neighborhood. It's the remainder of the site that the diocese would like your consideration on. And then finally, Section 6.06.02A1 requires a 5-foot sidewalk on the local roads on the perimeter of the site. After meeting with the transportation division, the diocese has agreed to provide the sidewalk along 53rd -- 53rd Street Southwest. They're requesting to not be required to provide any additional sidewalks on the other local roads. These are essentially the technical definitions and the picture that goes with it of what we're requesting. If I might, I'm going to have -- Michelle McFee with me, who's a parent who's very involved with the school, would like to say a few words. CHAIRMAN FIALA: Okay. And just for the audiences's knowledge, on a public petition -- I know some people have handed in their speaker slips. We don't accept speakers on a public petition. This is something, if the commissioners feel so inclined, they can -- especially with the subject that maybe has a lot of interest and maybe a lot of parameters to it, we would ask to bring it back to another meeting to discuss at a full meeting. There are some petitions where they just let it die right then and there. So understand that if I don't call any of the speakers, it's because this is not protocol here. MS. McFEE: Is it okay if I speak today? CHAIRMAN FIALA: Yes, because your speaker introduced you. MS. McFEE: Thank you very much. CHAIRMAN FIALA: But you're the last one. MS. McFEE: Okay. I am Michelle McFee. I've been a parent with St. John Neumann for the last three years. I have four children; one currently at the school and three that will be coming through. Page 29 May 12, 2009 For 29 years, St. John Neumann High School has been an asset to Collier County, offering an excellent college preparatory education incorporating gospel values. Students come not only from Naples but from all areas of Collier County. The quality of the education at St. John Neumann is evidenced by the accomplishments of the students and the graduates. One hundred percent of the graduates go on to college, and this year's graduating class has already earned over $7 million in scholarships. The element of the whole student is fostered at St. John Neumann High School because the school recognizes that athletics, as well as curricular offerings and spiritual development all contribute to a student's total education and life skills. I am here today to affirm that without the improvement of the school, it will not be able to modernize to continue to adequately address the total educational needs of its students or to attract future students to the school. A deviation from the Land Development Code will permit the school to use its funding for intended educational facilities for the betterment of the community. St. John Neumann High School is small compared to other local schools. While committed to doing ongoing fundraising for the school in these economic times, the school community finds it a very difficult challenge. By accepting this deviation, you will make the continuation of intellectual excellence and ethical education possible for these children of Collier County. Graduates ofSt. John Neumann have gone on to live and work in Collier County contributing to the betterment of their community. Students themselves donated over 11,000 hours of volunteer service last year, furthering the improvement of the Collier County community. The students, staff, and parents take pride in their school and their community. I know that the county takes pride in having such a school to Page 30 May 12, 2009 boast about. And so, by accepting the deviation, commissioners can contribute to the ongoing success of the students and thus the community. We seek your consideration for the deviations of the Land Development Code. We ask for the elimination of the perimeter sidewalk with exception of 53rd Street, the perimeter buffers and the masonry wall. Should Collier County accept this deviation, it would enable us to further contribute to the education and well-being of our children and our children's children, who will -- who are and will be part of the future of Collier County. Thank you. CHAIRMAN FIALA: And now we'll hear from staff. MS. ISTENES: Thank you. Sorry. Susan Istenes, Zoning Director. Couple things. Just a little bit of background. We've actually been working on this issue for over a year. And my records show that the high school came in to put some modular buildings down, and at that time we worked with them to develop a phased plan for their landscaping requirements. They've got quite a bit of landscaping, I think they already stated, around the main portions of the campus as well as the parking area. It's very lush and serves as a very nice buffer, because as you'll notice, they are really embedded into a single-family neighborhood. So it's really important for schools that have very intense activities from early morning until late at night, that the required buffering get in place. What bothers me a little bit is Dominic stated that the staff told him that this group of commissioners could decide whether or not they could have this waiver. Well, actually we had worked this phased implementation out with them to save them some money and to address the impacts when they actually occurred because we knew Page 31 May 12, 2009 after the modular building they were going to be building some more substantive structures, and then lo and behold, a petition appeared in front of us on your agenda. So that surprised us a little bit. Like I said, we did work with them quite a bit to try to work that out within the areas of the code. They are not eligible to ask you for a, quote, deviation from the landscape requirements. They could come through a variance request. We could look at an alternative plan. They could -- they could ask for a variance from the buffer width and the separation distance from the planting requirements, any dimensional requirement, they could ask for a variance from. That is a duly-noticed public hearing. It goes to the Planning Commission and then comes to the Board of Zoning Appeals for a final decision, that would be you sitting as the BZA, with staffs recommendation. The wall issue is -- they are eligible to apply for a waiver from through an application process. That is an administrative review. The wall in this case is only required to be 4 feet high. Staff and I have discussed it extensively. We don't see what a wall is going to accomplish here being that it's only required to be 4 feet high, and given the current landscaping and the activity level on their site as far as where the buildings are, we are of the opinion at this point that the required landscaping would suffice to buffer, given the layout of their site. So -- any questions I can answer for you at this point. Our suggestion is to come back through the variance process with a detailed plan and a request for a variance and have staff evaluate it and have the public be noticed -- they're the ones who are impacted -- and take it from there. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Jeff, what can the board do? MR. KLATZKOW: I think Susan's recommendation to the Page 32 May 12, 2009 board is a very good one. It will go through a process. It will be a publicly vetted process, and at that point in time, eventually it will make its way to the board, and the board can take action at that time. COMMISSIONER HENNING: Jeff, what can the board do? MR. KLATZKOW: Right here and now? I don't think you can do anything. COMMISSIONER HENNING: Can we give direction for a deviation? MR. KLATZKOW: No. I think it's a public process. Eventually it will come back to you in a quasijudicial manner, and you should hear that without any prejudice one way or the other. COMMISSIONER HENNING: So we can't even deviate from our own rules? MR. KLATZKOW: I don't think it's a good idea -- in this context, without it being publicly heard, all right -- COMMISSIONER HENNING: Because of possible challenges? MR. KLATZKOW: I'm looking at scores and scores of homeowners who may be coming in saying, wait a second, we don't want this deviation, and they've got a right to be heard, and they're not here right now because it's just not this process, which is why I think Susan's recommendation is a good one. COMMISSIONER HENNING: Right. MR. KLATZKOW: But right here and now, I don't think you should do anything other than -- COMMISSIONER HENNING: That's your advice, but I was really asking what we are allowed to do. MR. KLATZKOW: Under the land -- there is no process in the Land Development Code for you to waive a magic wand, and that's essentially what they are asking you right here and right now to do. COMMISSIONER HENNING: Right. Okay. Well, I think the request is very reasonable. Give you an example, First Baptist Church on Orange Blossom Road and Livingston, they are doing some Page 33 May 12, 2009 expansion right now, and that's probably in their Site Development Plan to do so. It would be a shame to wall it off or hide that beautiful building there and the services that they provide. How long would a variance process take? MS. ISTENES: About three months from the time they got their application in. COMMISSIONER HENNING: Okay. Dominic, are you willing to seek a variance? MR. AMICO: Well, it will be three months from when the application is in. Those applications don't get prepared overnight. The school is trying to get their plans and start getting things in the ground as soon as they possibly can. And I think it behooves us all to get some construction moving. I'm not sure a three- to five-month delay is -- COMMISSIONER HENNING: Can we let them proceed contingent on the outcome of -- MS. ISTENES: Yeah. It won't hold up. It's -- you're talking landscaping. That's not building construction. Obviously, I'm sure they probably want to do all their site improvements at once, but that's the last thing you do in the development process, and I'm sure it will take them well over a year to construct those size buildings. So honestly, it can go concurrently, Commissioner. That's not a problem. COMMISSIONER HENNING: Okay. Dominic, I don't see where we have a choice. As least that's what we're being told. MR. AMICO: We'd agree. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: My question has been answered. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I just don't want to open up a -- set a precedent. I believe that there's some requirements here for sidewalks. There may be some areas where they don't have to construct the wall, but I believe that they need to do some landscaping Page 34 May 12, 2009 to buffer themselves from the residential area. And I'm hoping that we go in the direction of where this goes to the Planning Commission before it comes back to us to make sure that it's well vetted and that the people that live in this community have the right to state their concerns if there are any concerns. So I think this is the right direction, and I want to thank the county attorney for giving us this direction. Thank you. CHAIRMAN FIALA: I also had a concern with the sidewalks in that, especially around a school, you would think that -- COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: -- with so many people walking around schools, and especially a high school, and I can't imagine not building it with sidewalks. It's -- we don't let anything go without sidewalks, especially a school. So I'm sure that that will be in the discussion. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I just wanted to recognize all the positive achievements that St. John Neumann's has brought to the Collier County community. And I think when you bring this -- when this comes back before us, one of the issues is money, money now, no doubt about it. I think we've had many people come before us and ask us to reconsider everything from their commitments to the road programs to a whole bunch of other things. And in most cases, you know, this commission's been very understanding. There's a negative business climate out there. I imagine your donations are down just as much as the revenue is from the more profit-type businesses that we have in the area. So when you come before us, you might also be wanting to look to possibly extend the date of this -- improvements to the landscape to someplace off in the future. Just a thought, you know, as we're going into it. And thank you for being here today. MR. AMICO: We'll consider that for sure. Page 35 May 12, 2009 CHAIRMAN FIALA: And Commissioner Henning? COMMISSIONER HENNING: Just a last comment. I believe my communication might have encouraged the firm to be here. I thought the board had some more latitude. I understand the concerns of staff and the County Attorney's Office about public notice, but it was upon my request. MS. ISTENES: Thanks for that clarification. They -- also wanted to clarify something. They can apply for the wall deviation now. That's an administrative review, and that can be dispensed of very quickly. COMMISSIONER HENNING: Well, it appears to me, you know, maybe to save money, is just take care of it all at once. MS. ISTENES: Could do that. MR. AMICO: Yeah. That was our reason for including it, just so that everything we were asking for was in one package. We knew we could have the wall variance administratively, but why not get everybody to look at it? COMMISSIONER HENNING: Okay. And, you know, Commissioner Fiala, I ride around there all the time. It would appear that next to a school that you'd have a lot of foot traffic. This is a high school without any buses. MR. AMICO: That's correct. COMMISSIONER HENNING: So -- and it's a private high school and most of the kids drive or their parents bring them, but I understand your concern. There's just not a lot of foot traffic around that area. There's not a place for them -- like on the other side where you have a shopping center, a lot of people walk to that shopping center. CHAIRMAN FIALA: Do they walk from this neighborhood? COMMISSIONER HENNING: No-- CHAIRMAN FIALA: I mean, will these sidewalks enable the neighborhood to have a mode of walking for themselves? Page 36 May 12, 2009 COMMISSIONER HENNING: It would allow them to do so, but I'm just saying I just don't see a lot of foot traffic in that area. CHAIRMAN FIALA: Okay, good. COMMISSIONER HENNING: I don't know how you measure that. CHAIRMAN FIALA: Okay. Well, we'll be bringing this back. COMMISSIONER COYLE: No, we won't. CHAIRMAN FIALA: Oh, no? MR. OCHS: The applicant will be going through the process. COMMISSIONER COYLE: The applicant will bring it back through the proper channels. CHAIRMAN FIALA: Right, I'm sorry. It will be brought back. Excuse me. Poor choice of words on my part. Thank you, Commissioner Coyle. All right. We'll see you back. MR. AMICO: Thanks for your time. CHAIRMAN FIALA: Thank you. Item #9A RESOLUTION 2009-123: APPOINTING ZETTY YETNY RIVERA TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED MR.OCHS: Madam Chair, that brings us to 9A, Board of County Commissioners' appointment of a member to the Hispanic Affairs Advisory Committee. CHAIRMAN FIALA: Motion to approve Zetty -- I'm going to put my glasses on -- COMMISSIONER HALAS: Second that. CHAIRMAN FIALA: -- Zetty Rivera, and a second. All those in favor, signify by saying aye. Page 37 May 12, 2009 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) Item #9B APPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY COUNCIL - MOTION TO CONTINUE ITEM AND APPLICATION PROCESS; COUNTY ATTORNEY TO RETURN WITH INFORMATION REGARDING REDUCING THE NUMBER OF COUNCIL MEMBERS AND FOR THE CURRENT COUNCIL TO CONTINUE SERVING UNTIL APPLICATION PROCESS IS COMPLETED - APPROVED MR.OCHS: Next item is 9B. It's appointment of members to the Environmental Advisory Council. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, I -- I would like to make a recommendation here. We have barely enough applicants to fill the required number of positions in the EAC, and that makes me think that we need to do something about the size of this organization. I mean, the Planning Commission doesn't have nine members plus two alternates. Very few of our other advisory councils have this many people. And my experience has been, when you broaden -- when you make the committee larger in order to get people who will be there, you frequently have to look beyond the people who have the best qualifications. And so my recommendation would be to let the current Page 38 May 12, 2009 Environmental Advisory Council members continue to serve while we discuss the possibility of reducing the size, and by reducing the size of the committee, we then can focus our attention on getting the best-qualified members of the committee who don't have conflicts of interest, to the extent we can do that. So I would ask that we give some consideration to that before we start appointing people to this committee just to fill slots. COMMISSIONER HALAS: You make that a motion? COMMISSIONER COYLE: I do, I make that a motion. COMMISSIONER HALAS: I'll second that motion. CHAIRMAN FIALA: Okay. I had a question, and then Commissioner Henning, a question regarding one person on here, Kaitlyn Bauer Little, who sounded like an extremely qualified person, by the way, but it said in her resume that she's a teacher. And these meetings are during the day, and I was just wondering if a teacher would be able to leave her teaching once a month or sometimes even twice or three times a month if they're meeting on a really difficult issue, to attend these meetings. So -- and she sounded like she was wonderfully qualified, but I was concerned with that, but -- MS. FILSON: Actually, I think there are two teachers who applied. The one underneath Kaitlyn Dulcie, I think she also teaches at a charter school. CHAIRMAN FIALA: Yeah, but hers sounded like she -- she just taught handicapped kids, and so hers sounded a little more flexible, and I did get sonle calls on her saying that she could attend, but I didn't know about the other one. Commissioner Henning, and then Commissioner Coletta. COMMISSIONER HENNING: Yes. So that's a motion to continue this item and direct the county attorney to do what? COMMISSIONER COYLE: To return to us with a recommendation to reduce the size of the Environmental Advisory Page 39 May 12, 2009 Council to five members. COMMISSIONER HENNING: Five, yeah. I think that's very reasonable, and I support the motion. CHAIRMAN FIALA: And that's in your motion as well. COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. May I make a suggestion to your motion, sir? I think it's an excellent motion, but could we also mention the fact that we do not need to adver- -- readvertise, that the applicants we have are -- what we have in front of us will be the ones presented to us at that point in time? COMMISSIONER COYLE: Well, quite frankly, I'd like to get as broad a selection of applicants as we can possibly get. And if we can get more people who are more qualified by readvertising it, I think that would be fine, but I -- there's no reason we couldn't keep these applicants on the list. But if others wish to volunteer or have their applications considered, they should have the opportunity to submit them. COMMISSIONER COLETTA: You're suggesting we open it up for new applicants, too? COMMISSIONER COYLE: Open it up for new applicants but keep the existing applicants active so that we can choose among all the people who wish to serve. COMMISSIONER COLETTA: Okay. With that clarification, I can support your motion. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN FIALA: Okay. Any further comments from board members? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 40 May 12, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (N 0 response.) MS. FILSON: And the current board will continue serving until we get the -- COMMISSIONER HALAS: Continue serving until such time as we work all this out. Item #10A RESOLUTION 2009-124: EMERGENCY ORDINANCE DECLARING A STATE OF LOCAL EMERGENCY AND EMERGENCY ORDINANCE 2009-23: A REQUEST BY THE BUREAU OF EMERGENCY SERVICES, DIVISION OF FORESTRY, COLLIER COUNTY FIRE CHIEF'S ASSOCIATION, AND THE COLLIER COUNTY SHERIFF'S OFFICE TO ENACT A BURNING BAN ORDINANCE AND DIRECT STAFF TO PUBLISH A PUBLIC NOTICE REGARDING THE BURNING BAN ORDINANCE - ADOPTED MR.OCHS: Madam Chair, that takes us to lOA. lOA is a request that the Board of County Commissioners consider a request by the Bureau of Emergency Services, Division of Forestry, Collier County Fire Chiefs Association, and the Collier County Sheriffs Office, to enact a burning ban ordinance. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. MR.OCHS: Based on the board's -- MR. KLATZKOW: Well, if I may-- CHAIRMAN FIALA: This is the -- this is the one that's the Page 41 May 12,2009 emergency one. MR. OCHS: Mr. Sheffield is distributing the revised ordinance and the enacting resolution that is also attached to that ordinance, and I believe the county attorney will walk you through this. MR. KLATZKOW: If I may, as part of your motion, you'll need to declare that an emergency exists, that there is immediate need to enact this ordinance and this must -- you must waive the notice requirements by at least a four-fifths vote. CHAIRMAN FIALA: Okay. So now you said -- is that your motion? COMMISSIONER HALAS: That's my motion. CHAIRMAN FIALA: And is that your second? COMMISSIONER COYLE: That's the second. CHAIRMAN FIALA: You guys have been motioning on everything today. They're keeping this thing moving right along. Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, in the past we've been told we can't do this unless the governor declares an emergency. So that's different now? MR. KLATZKOW: We have an existing ordinance within our system that allows you to act when the governor declares an emergency. This new ordinance will give you that power directly. You won't have to wait for the governor. COMMISSIONER HENNING: Okay. The other thing is, what about Boys Scouts and that, camp fires? That's going to be prohibited under this ordinance; is that correct, the way I'm reading it? MR. SUMMERS: Commissioner, for the record, Dan Summers, Director of Emergency Services. We do have open bonfire and campfire recommended as the prohibition, but they can cook in a suitable device, so that would take them to a grill, a contained grill or an appropriate fixture that could do that. But in terms of an open bon Page 42 May 12, 2009 or campfire, we have recommended no campfire. COMMISSIONER HENNING: So no -- they'll be singing Kumbaya around the gas grill. MR. SUMMERS: Or charcoal grill or an oak log grill, yes, sir. CHAIRMAN FIALA: But this is only for a -- only when it's really dry out like it is presently. COMMISSIONER HENNING: Oh, I understand that, but I would assume that's when they're camping. So right now we're just putting an emergency, no-burn ban in, and we're going to come back with an ordinance, advertised ordinance, where we can get public input; is that what we're doing? MR. KLATZKOW: No, that was the original concept. What we're doing right now is we're -- if it's up to the board, we're enacting this as an emergency ordinance which gives you broad latitude as to what you can prohibit. Mr. Summers has brought with him a resolution which would then prohibit certain activities. COMMISSIONER HENNING: So what's different between this one and the public petition for public input? MR. KLATZKOW: This is an emergency. COMMISSIONER HENNING: Well, I agree with that. I just would like to see some more dialogue on this item so we get it right. Of course, we can always amend it by advertising it, too, if we do it wrong, correct? MR. KLATZKOW: That's your prerogative, sir. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Any other comments by board members? (No response.) CHAIRMAN FIALA: I have a motion on the floor by Commissioner Halas, a second by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 43 May 12, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: And it is a 5-0, thank you. MR. KLATZKOW: That was the ordinance. There's also a resolution here. Are we going to vote on that separately? COMMISSIONER COLETTA: Motion to approve the ordinance. COMMISSIONER HALAS: Second. MR. KLATZKOW: The resolution. COMMISSIONER COLETTA: Resolution. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. A motion by Commissioner Coletta to approve the resolution, second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN FIALA: All in favor, say aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (N 0 response.) CHAIRMAN FIALA: Very good. Thank you very much. I really appreciate all of you guys just jumping on this thing. You know, we'll never know if we prevented a fire if we don't have to battle it. Let's just hope this is a safety feature that we have enacted very quickly that will prevent any further damage. Thank you. MR. SUMMERS: Ma'am, the interagency cooperation has been Page 44 May 12,2009 superior. Thank you so much. CHAIRMAN FIALA: Thank you. Look at them all. We appreciate that. Thank you, fellows. Item #10B PROVIDING STAFF DIRECTION ON DEFERING IMPACT FEES FOR A PROPOSED 140 UNIT AFFORDABLE RENTAL APARTMENT DEVELOPMENT LOCATED IN IMMOKALEE, FLORIDA - MOTION SUPPORTING OPTION #2 - APPROVED MR. OCHS: Madam Chair, that takes us to Item lOB. It's a recommendation that the Board of County Commissioners provide staff direction on whether to defer impact fees for a proposed 140-unit affordable rental apartment development located in Immokalee, Florida. Ms. Marcy Krumbine, your Housing and Human Services Director, will present. I'm sorry. Buddy Ramsey will present on behalf of Housing and Human Services. MR. RAMSEY: Thank you, sir. For the record, Frank Ramsey, your Housing Manager. I'm here today, Commissioners, to request direction on whether to defer impact fees for a proposed 140-unit rental apartment dwelling -- excuse me -- development to be located in Immokalee. On April 14, 2009, Mr. Barry Goldmeier appeared before you on public petition requesting a commitment to defer impact fees as part of a 2009 universal cycle application with the State of Florida. Mr. Goldmeier's application may receive additional points in the scoring process if it can be shown that Collier County will provide a contribution to the proposed development. A common method that governments, local governments, use to make this consideration is a deferral or waiver of impact fees. Page 45 May 12, 2009 Although the actual deferral amount will not be available to be determined until at time of building permit application. Using today's numbers, this would be a deferral estimated at $2.1 million for a term not to exceed ten years. Developers seeking impact fee deferrals generally come to us at the time of building permit application or site plan approval. This allows staff to accurately calculate the amount of the deferral as well as ensure that the developer is, in fact, ready to proceed with the building process at that time. So I just would like to make the board aware that approval of this item may result in additional developers coming forward to request the set-aside or commitment of impact fee deferrals. Following review of the item and the request, I would offer you two options for your consideration, and then would be happy to answer any questions. Option one would be to approve the commitment to defer the impact fees for the 140-unit rental apartment proposed by Mr. Goldmeier. In order to receive the credit and the scoring process at the state level, I would ask that if you should choose to approve this item, you would authorize the chairman to execute the required form as part of the universal cycle application. Option two would to be decline to commit to the deferral at this time. This would not prevent Mr. Goldmeier from coming back at a future date to request deferral; however, declining the commitment today would -- may result in the requester not receiving additional points in the scoring process. That concludes my brief presentation. I'd be happy to answer any questions you may have. COMMISSIONER COYLE: We have three speakers, I believe. MS. FILSON: Two. COMMISSIONER COYLE: Two speakers. Would the board like to listen to the public input first? Okay. The first speaker is, Page 46 May 12, 2009 please? MS. FILSON: The first speaker is Russell Smith. He'll be followed by Bill Klohn. MR. SMITH: Good morning, Commissioners. My name is Russell Smith. I'm with Lennar Homes. We are the developer of the Heritage Bay community, which includes the 180-unit affordable housing community, the Vistas of Heritage Bay. I want to be clear that I'm not here in specific opposition to the proposed project, to the proposal. Affordable housing continues to be an issue of concern in Collier County, and we at Lennar encourage and applaud those who make an investment in addressing that concern; however, the dollars that are available to support impact fee deferrals are a limited resource and given that they are set currently at 3 percent of prior year's impact fee collections that are currently a declining resource, and in the case of owner-occupied dwellings, they are, from what I am aware of, an exhausted resource at this point. The county has a number of previously approved projects such as the Vistas, such as the workforce housing component of Ave Maria, which serves the Immokalee area, such as the Arrowhead Reserve community which serves the Immokalee area, and many others in which the developers have already invested very significant dollars and each of which relies on the availability of impact fee deferral dollars to remain viable. Consequently, I would ask the board to factor into its decision-making process the previously made commitments to the existing proj ects, the currently existing inventory of available affordable housing units in the county, which is significant, and the prudence in adding additional units to the pool of impact- fee deferred -- deferral-eligible units in communities at this time. COMMISSIONER COYLE: Okay. Next speaker? MS. FILSON: Next speaker is Bill Klohn. MR. KLOHN: Good morning. For the record, Bill Klohn, Page 47 May 12, 2009 Arrowhead Reserve in Immokalee. I, like Russ Smith, I'm not here to comment on the merits of the project or the developer. But to give you a little bit of background on the -- about the Arrowhead Reserve. As you know the community is 1,245 units with a commercial component. We have inventory out there that's not being absorbed nearly as rapidly as anticipated. There are 229 single-family homes left with roads, water, and sewer all constructed. There is also a multifamily tract for 289 units. With regard to the rental apartments that were developed by Carlisle within Arrowhead, we have a 91 percent occupancy in Phase I, which is 208 units, which would leave 18 units vacant, and they have a 1 7 percent occupancy in Phase II, which was 96 units, which would have 79 units vacant. My point is that we've got lots of lots to sell yet at Arrowhead and a multifamily tract, and the lease up is rather slow for the Carlisle Group. My point being that there's plenty of inventory in Immokalee in my opinion. Thank you. COMMISSIONER COYLE: Thank you very much. It's all yours. CHAIRMAN FIALA: Thank you very much, Commissioner Coyle. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I -- we have a situation here that goes back some years ago when the affordable housing issue was near and dear to our hearts here as a commission, and we brought certain pressures on such entities as Ave Maria and Heritage Bay to come across with affordable housing, and they did it in a great manner, and they showed up, but who could ever anticipate what was going to happen out there with the economic market, especially for homes, and that that element, within their communities, would go unfulfilled, that commit that they made to us, that they would be Page 48 May 12, 2009 unable to find people to be able to participate in it. We have a number of vacancies within Arrowhead, which is very close to where this other place wants to go. Now, normally projects in itself, I wouldn't say that we should weigh in and say, you know, there's an overabundance in the market so we're not going to allow it to happen, but with that -- however, with that said, we're talking about a very limited resource of funding that we have available. At this point in time I don't think it would be in our best interest to proceed with this and to give this petitioner the money that he's asking for to be able to build extra inventory that probably won't be filled either. CHAIRMAN FIALA: Would you like to make a motion to that effect? COMMISSIONER COLETTA: I'd like to make a motion to re-- help me with this, Mr. Klatzkow, so I don't do anything that makes the county liable. COMMISSIONER HENNING: Accept option two. COMMISSIONER COLETTA: Option two is where you'd come back at some future time, correct? MR. KLATZKOW: Yes. COMMISSIONER COLETTA: But it doesn't in any way obligate the funds that are there? MR. KLATZKOW: No. COMMISSIONER COLETTA: Okay. Then I make a motion for option two. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor for option two by Commissioner Coletta, a second by Commissioner Henning. Any further discussion? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. Page 49 May 12, 2009 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That's a 5-0. Thank you. We're going to do -- you know what, we're going to take a ten-minute break right now, and then we'll back for our 10:30 time certain. Thank you very much. (A brief recess was had.) Item #8A (Discussed and continued to later in the meeting) AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED THE COLLIER COUNTY CORRECTIONAL FACILITIES IMPACT FEE UPDATE STUDY, DATED APRIL 21,2009; AMENDING SCHEDULE FOUR TO REFLECT THE REVISED RATES SET FORTH IN THE IMPACT FEE STUDY AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF AUGUST 11,2009, IN ACCORDANCE WITH THE 90- DAY NOTICE PERIOD REQUIRED BY SECTION 163.31801 (3)(D), FLORIDA STATUTES - TABLED UNTIL LATER IN MEETING MR. OCHS: Madam Chair, you have a live mike. We're now at our time-certain item. This is a 10:30 a.m. Page 50 May 12, 2009 time-certain item, 8A. It's advertised public hearing. It's a recommendation that the Board of County Commissioners adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances known as the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference of the impact fee study entitled the Collier County Correctional Facilities Impact Fee Update Study dated April 21, 2009; amending Schedule 4 to reflect the revised rates set forth in the impact fee study; and providing for a delayed effective date of August 11, 2009, in accordance with the 90-day notice period required by Section 163.31801 (3)( d) Florida Statutes. And Amy Patterson will present. MS. PATTERSON: Good morning. MR.OCHS: If you would like a presentation. MS. PATTERSON: For the record, Amy Patterson. I'm the Impact Fee and Economic Development Manager at Community Development. First a matter of housekeeping from the Development Services Advisory Committee. Because of the timing of the presentation of this study, we were unable to include the DSAC recommendation as a part of the package, but I'm here to present that. This was heard by the DSAC last Wednesday, the 6th of May. And the Development Services Advisory Committee voted unanimously to freeze the impact fees at their current rate. They did not want to implement the increases. That's the extent of their -- of their information that was provided. With that, I can -- I have a presentation up. Mr. Steve Tindale is here from Tindale Oliver. He can go through a brief presentation on the impact fee study. This is the required three-year update of the correctional facilities impact fee, or I can go straight to questions. Whatever you desire. COMMISSIONER COYLE: And the first speaker is Commissioner Coyle. Thank you, Madam Chair. Page 51 May 12, 2009 I'm going to presume that since this impact fee study has been going on for some time, that it does not incorporate the two-year moving average. It is still based upon the regression analysis; is that true or not? MS. PATTERSON: This is not an -- this is not an indexing. This is full study, so it incorporates the actual costs. There's no -- COMMISSIONER COYLE: Okay. MS. PATTERSON: It is not an average involved. COMMISSIONER COYLE: Then when we're forecasting the cost for correctional facilities, are we assuming that the costs for future facilities will be as expensive as the costs for past facilities? And I'm specifically asking the question, to be more specific is, are we planning to enlarge or rebuild the Immokalee jail so that we don't have to buy more land, or are we anticipating that we have to have enough money in the impact fee fund to purchase land and build a new facility or additional facilities? MS. PATTERSON: To answer that question -- actually these were questions that were brought up by the Productivity Committee. The land component included in this study is a tiny amount of money. It was one of the concerns of the Productivity Committee. So while there is a land component included, it contemplates a reduced land value because any land that may need to be purchased in the future likely will be purchased in Eastern Collier County. So there's a gigantic land component included. Additionally, as for the cost of the jail that's included as part of the study, that number was validated through an architect and through the sheriffs office of what would be a number that they were comfortable with as to what it will cost today to build the jail. The number had started fairly high and has come down to the number that's included in the study. I think it's about $325 a square foot, and it was somewhere up near $400 a square foot originally. So it's reflective of what is considered to be current and appropriate costs. Page 52 May 12, 2009 COMMISSIONER COYLE: Okay, thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Amy, was there a presentation to the Productivity Committee? MS. PATTERSON: There was, and that recommendation is on Page 2 of your executive summary. I don't know what number would be in your packet. It's the paragraph that starts -- COMMISSIONER HENNING: Page 3? MS. PATTERSON: -- on April 15, 2009, this study was presented to the Productivity Committee, and the Productivity Committee voted unanimously to accept the study. COMMISSIONER HENNING: Okay. We could have a later implementation date than August, October? MS. PATTERSON: We could. Ninety days is the statutory minimum requirement. It could be longer. There are jurisdictions that elect to stretch an implementation date out longer than 90 days. COMMISSIONER HENNING: Yeah. Personally I'd be more in favor to do that. I don't know what it will hurt. It's a huge increase from what it is today. But the problem is here -- I guess my goal is, you know, let's try to give a little break until things are really starting to move in the building industry, and that's when we should implement it. That's my personal feelings. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: My question is -- I see we have some staff members here. So Skip, maybe you can help guide me in coming to a conclusion on this. Are there any plans in the near future in regards to addressing additional cell -- jail cells, whether it's at Immokalee or whether it's here? MR. CAMP: For the record, Skip Camp. Yes. Now, I say that a little with one concern, and that is, we've asked the consultant that was doing an update of the master plan for correctional to relook at it based on two important things. One is the current population status of Page 53 May 12, 2009 the county and the other, more importantly, are the efforts that the sheriff's putting forward as it relates to reducing the inmate population. That, for a long time, was just going up and up and up, and for the last year they've made incredible strides at reducing inmate population. Right now, the last couple of months, it's absolutely stabilized. They are -- work on a plan to continue that, but there are some variables that, of course, they would have to address. There is a plan eventually -- the original plan was to increase the size of the inmate population in Immokalee perhaps by utilizing -- by having agreement with the utilities division on purchasing some land close to the existing stockade, the existing jail. We're looking at a number of options, but I am pleased to report with the inmate population has stabled, so the master plan for correctional probably will be delayed. Weare doing an update, and we'll let you know as soon as that's done. COMMISSIONER HALAS: Well, when you say it's stabilized, being the economic environment that's presently out there, I hope that when they look at releasing people, that we're not jeopardizing people that should be in jail by just trying to get the population down. And I know that's not for you to decide but -- or that you don't have anything to do with that, but I just have some concerns. And if it's justified for these people not to be incarcerated, then my -- again, my concern is, how soon do you feel that we are going to be looking at additional beds or increasing the size of the jails? MR. CAMP: First of all, I didn't want to confuse anyone. I'm not speaking on behalf of the sheriff. And I will tell you, they've been working very, very closely with the coordinating council, of which Commissioner Coyle is a member. So I want to lay that to rest. But another thing, until we get the update back and we redo the population projections and we relook at the stabilization of the inmate Page 54 May 12, 2009 population, I'm not sure we'll see any requests for at least three years. But again, until that -- the revision of the master plan is done, I want to kind of just hold that. COMMISSIONER HALAS: Okay. Thank you for your time. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. If I may, question regarding impact fees in general. How many years is it after a person pays impact fees, those fees are supposed to be expended? MS. PATTERSON: Seven years they have to be expended or encumbered from the date of payment. But the other issue with this is that the impact fees are currently going to payoff the debt on the most recent jail expansion, and the fully burdened value of that jail was not incorporated into the 2005 study because of the time -- the proximity in time that the last jail study was completed to the jail itself -- the jail expansion itself being completed. So some of the increases you're seeing in this study represent those costs now being incorporated into the impact fees. There's two issues here. COMMISSIONER COLETTA: And God help me, but I'm in agreement with Commissioner Henning about deferring the date that we implement this. CHAIRMAN FIALA: Okay. I have a couple questions. Would you like to go first? COMMISSIONER COYLE: No, go ahead, Madam Chair. CHAIRMAN FIALA: Okay. First of all, I had some of the same concerns as Commissioner Halas I had written to myself. If they're reducing the inmate population, hopefully that doesn't mean they're putting people out early and so then we have more crime on the streets because they're not keeping them incarcerated long enough, but you probably wouldn't know that. COMMISSIONER COYLE: I can answer that question. CHAIRMAN FIALA: Good, okay. COMMISSIONER COYLE: I'm chairman of the Public Safety Page 55 May 12, 2009 Coordinated Council, which consists of the sheriffs, the prosecutor, the Public Defender's Office, all the people who are involved in the process of enforcing the law and prosecuting people, investigating crimes, and putting them in j ail where they need to be, and the focus has been specifically on getting the violent criminals in jail and keeping them there. The reason that the jail population has actually declined and is now stabilizing is because of the sheriffs Criminal Alien Task Force. The sheriff has determined that about 24 percent of all of the criminals in our jails are self-admitted illegal criminals, and upon investigation, as many as 42 percent of all of the criminals in our jails are in this country illegally. So his task force has been very successful in getting those people out of the country. And those who are not violent criminals are not sent out of country but they are -- they remain incarcerated but in state facilities for longer periods of time because we want to punish them for their serious crimes rather than just releasing them to their home country . So -- but there are other things like the -- other organizations like David Lawrence Center. They are helping us divert nonviolent criminals, people who might have mental conditions that can be managed, and they're helping us divert those to treatment facilities rather than keeping them in a jail. So all of these things are working together, and we're developing diversion programs, we're working on fast-tracking things so that we don't have people sitting in a jail cell awaiting arraignment, so we get those people processed much more quickly today than we used to so that we can manage them. So the Public Safety Coordinating Council and the sheriffs agency and the public defender and the state's attorney have all been working with -- and the judges. We have judges represented on the council, so we're doing all those things to try to manage the population Page 56 May 12, 2009 so that we're not turning out violent criminals just to save space in jaiL And we don't have to do that now because we have excess beds right now. CHAIRMAN FIALA: Oh, thank you so much. I really appreciate. You give me a great level of comfort. My second question, Amy, is, why did it go up so high in single- family from $230 all the way up to 491? I mean, that's a tremendous leap, 114 percent, and then in the multi-family, from $94 up to $254. I just felt that that was a tremendous leap there, why did it go up that high? MS. PATTERSON: I think, if it's okay with you, I'm going to turn this over to Steve Tindale to explain. It's a methodology issue that would be better explained by Steve, if that's all right with you. COMMISSIONER HALAS: Okay. He's looking at this. CHAIRMAN FIALA: Yes, this one right here. COMMISSIONER HALAS: This is the one we're going with. The bottom one is the suggested one. This is what was proposed, but this is what they've come up with. MR. TINDALE: I'll go ahead and try to answer the question. We -- when we started -- Steve Tindale with Tindale, Oliver and Associates. When we started this study, we talked with the sheriff, and the past study was based on bookings. When a person came in, they tried to figure out where the person came from. Do we charge this booking to a home or to an office? And the sheriff was extremely uncomfortable with the method of how it was charged back to the land uses, and so were we. We -- 50 percent of the bookings they had no idea when they looked at the data how to charge it, and the other half, they didn't know whether if they pick a person up at home that was drinking, do they charge it to the bar or to the home? I mean, how do you take a booking and estimate the benefit or the impact? And they felt extremely uncomfortable from talking to them that that methodology Page 57 May 12, 2009 made a whole lot of sense in terms of doing -- in terms of using the method of bookings. We go to the number of people that are out at each different site that is either -- the third thing about the bookings was, they didn't know when you took one site and booked someone whether that person was going to be in there one day or ten days and, you know, the number of bed days on the average. If one site has one-fifth the bookings but on the average it has 20 times the days, then you can't go with just a booking. You have to go with how often by that land use they stay in there. They felt there was no relationship between the bookings and the impact. They felt very comfortable that the more people that were at a site, the more activity they had in terms of crime or whatever, which we call functional population. So we basically went back to functional population. If you have a development that has five times more people per square foot than another site, than on the average they're going to have five times the effect. The other question is who benefits, the site that's being protected that's got the people from the person being incarcerated or the site that created the incarceration. They felt much more comfortable with the functional population. The functional population has good news and bad news. It shifts, meaning you look at it in terms of where people are. It goes back and puts more burden on single-family and takes-- and if you'll look at the fee, I think one of the options was like adopt the new methodology like at 50 percent. What you'll see is that the single-family would stay about the same and the commercial and retail would come down dramatically, and there was a fairness issue there and an equity issue. And I think us and the sheriffboth, the Sheriffs Department, feels that the methodology needs to be changed. Even if you keep the residential fee constant, you need to change your methodology in terms of the allocation of the impact. Page 58 May 12, 2009 It's a somewhat long answer, but it's one of the big issues of the update. There's money invested here and some time, and one of the biggest benefits here, I think, is to reshape how you allocate the demand side and the equity issue. And as a minimum, you might want to consider maintaining that residential fee but at a discount and redoing the distribution, because I think you'll find that office and retail and some of the other ones will come down dramatically if you kept the single-family at its current rate. So there's an issue there in terms of -- CHAIRMAN FIALA: You mean today's rate? MR. TINDALE: If you discounted our calculation back down to the single-family not changing, I think the office and the retail and some of the other ones would come down. MS. PATTERSON: I can explain that a little bit more, if you'd like. When we started looking at this, because of the gigantic increases on the residential side, we started looking at scenarios to adopt this methodology because of the appropriateness and consistency with our current program but try to mitigate the large, large increases. And one thing would be to, like Steve said, adopt the fee at 50 percent. But what that -- what that will do as -- it is a relatively arbitrary reduction in the fee, which you have the right to do. You have the right to adopt a fee at whatever level the board sees fit. At 50 percent you're still going to see an increase in the single-family home impact fees, but instead of the $445 impact fee proposed for a 2,000-square-foot home or -- I'm sorry, for a 1 ,500-square- foot home, the impact fee at 50 percent would be about $222. So the difference is not as significant from the current fee. Now, what that will do on the commercial side, it's going to bring those numbers down and a lot of them are going to go into the negatives. So in effect you're going to have less of an increase on residential and a decrease on commercial. But, again, that's adopting Page 59 May 12,2009 your impact fee at 50 percent of the maximum legal limit. CHAIRMAN FIALA: Okay. Thank you. Commissioner -- I think it was Commissioner Coy Ie next. COMMISSIONER COYLE: No. I've said everything I needed to say. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: My concern is -- and you brought up a point but you didn't really go into a large discussion, and that is that we're still paying off bonds on the present jail; is that correct? MS. PATTERSON: That's correct. COMMISSIONER HALAS: So if we don't make up the difference on impact fees, then the end result is, it's going to come out of ad valorem? MS. PATTERSON: Yes. COMMISSIONER HALAS: So that's where we're at at this present time? MS. PATTERSON: Correct. If you -- COMMISSIONER HALAS: And we also already know that we're going to have a shortfall in ad valorem taxes. So what we have to figure out here is the best way to approach this. And obviously there are no -- or very little impact fees that are coming in to offset the commitments that we have already made with the addition of the jails in the past, and so now we've got to figure out what we're going to do as far as to offset the ad valorem costs that we're going to have to pay on these bonds, and we don't have any -- we can't let the bonds go. We have to pay that to keep our bond rating as low as possible. MS. PATTERSON: That's correct. COMMISSIONER HALAS: Is that correct? MS. PATTERSON: That's correct. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay. Yes? Sure. COMMISSIONER COYLE: Could I -- Commissioner Halas Page 60 May 12, 2009 raises a good question, and it's not part of the fiscal analysis here. Can you tell us what effect delaying this impact fee adjustment would have on our ability to pay the interest on the bonds? COMMISSIONER HALAS: Not get into ad valorem. COMMISSIONER COYLE: Yeah. MS. PATTERSON: It would -- we would have to calculate -- it's a difficult question now only because of the volatility of the permitting activity, also because of the delay, gives people the opportunity to apply for their building permits and come in at the old rates. So we would need to do a calculation of what we think is going to come in as far as permitting activity and the money lost relative to the money that we're already borrowing to make our debt service payments and how this delay exacerbates that condition. We already know we're not collecting enough annually to make the debt service payment, but there is an incremental difference that's being made up by ad valorem. COMMISSIONER COYLE: I understand. So that is already happening? MS. PATTERSON: That's already happening. COMMISSIONER COYLE: And I believe that I'm correct by saying that we cannot adjust impact fees specifically for that purpose; in other words, we can't adjust -- we can't charge higher impact fees to service a past debt. MS. PATTERSON: No. COMMISSIONER COYLE: Okay. So that could not be a reason for us to implement a higher impact fee or to cause that to be effective more earlier than otherwise. MS. PATTERSON: Earlier than the 90 days? COMMISSIONER COYLE: Yes. MS. PATTERSON: The 90 days is statutory, so we have no discretion there. COMMISSIONER COYLE: No. What I'm saying is, I need a Page 61 May 12, 2009 legal interpretation about -- about this one issue. If we were to vote to postpone the implementation of this increase until January of next year or even 12 months from now, that would have, in effect, an impact upon our ability to payoff past debts. If we refuse to extend it, essentially what we're saying is we need that money to payoff past debts, which is illegal? You follow me, Steve? No? MR. TINDALE: Let me explain. Of all the facilities, the correctional facilities are very lumpy. You don't build -- when you build a road, you add one-tenth of 1 percent capacity to the system. When you build a correctional facility, you might double the capacity. If you can just imagine doubling the roads in this community, it's a massive thing you do. So in impact fees, what you have to do and what we've done is, you're actually at about 3.2 beds per person right now because you had to build a complete facility. And you ask the question about, do I need it? We're only charging this rate at 2.7 because it's not paid for. So everything that's not paid for that you owe debt on we can't put in the asset, it's not in the fee, but it is legal to take the revenue at 2.7 and buy capacity that's already built. So it's kind of a circle we go in. So we are not charging at a rate of what you've achieved in that capacity, only the existing structure that's paid for, 2.7 beds per person. So we're legally charging the right amount. And what the courts have said is you can't charge for, you know, building capacity or backlog or whatever. That's the one issue. What the courts have said is, you can pay for capacity with this bonded capacity or whatever. So it's an interesting circle. Mainly, the two big ones are -- usually in fees -- are landfills, which are big, and correctional facilities. Those are very unique fee schedules. So what we've got here as a guarantee at the rate we're charging, if you charge the full amount, we're guaranteeing you over the next ten or 15 years, you're going to go from 3.2 beds, what you've Page 62 May 12, 2009 achieved on the ground, down to 2.7. So we have built in a -- guaranteed reductions in the number of beds per person because we can't charge for what's built, only what you've achieved. So this fee, by court, is only allowing us to allow the system to degrade down to what you've paid for today. So, yes, debt's important, and there's been a policy decision to take the revenues, that 2.7 beds, and pay off the debt. And by the time you get it paid off, you'll have moved back down to 2.7. So we've not -- we're not charging for what you built that you've got paid for, but we're going to use the money to pay the debt off. That's a policy issue. So it's a little convoluted, and I've not done your landfills, but those two types -- because if you just remember, you don't build, you know, one lane mile or three miles of road when you've got 2,000. You build -- if you've got 500 beds (sic), you build 500 more beds. Well, that's just a huge lumpy thing we have to deal with. So in this update, what we've done is charge only for the asset you've got paid for, which is 2.7 beds, you've achieved, I think, 3.2, and we're going to allow that degrade, if you don't use anything but impact fees, downward, and it -- maybe that's okay, from what I'm hearing. Right now there's a feeling that it's okay. You don't need to build a lot of beds, so that degradation that we've had to do legally is probably a pretty good thing to be doing. But the current rate that we're charging is assuring you that if you don't come up in the next ten or 15 years with something other than impact fees, you will move back down to 2.7, which is like a 20 per- -- you know, 20 percent reduction in the current number of beds per person. So that's the process. We're using it to pay debt, but we're not charging for an asset that you haven't paid for in the fee schedule itself. And the thing that's made this -- the biggest jumps is, one, it's Page 63 May 12, 2009 like an '05/06 study that the data was in '03. We're not using the '06/07 costs, which are very high. We're using '09 costs. But anytime you take a date, like the study of '05, what are they looking at, '03, '04, '05 data in '03. So we've got a six-year difference between the costs -- and it's the new costs, not the peak that we didn't go through. That's happened. And you did build an asset, and you've paid some of it off. And that part we are allowed to charge for. So that's the answer. You are paying debt. It's important that you know you're paying debt because if you don't pay it with impact fees, as you allow this to go from 3.2 down to 2.7, because it's going to degrade down to that anyway, but you have decided you're going to use impact fees while it's degrading down to 2.7, or are you going to use taxes because the debt's there? I mean, it's done. COMMISSIONER COYLE: Just one clarification. You're saying that we are basing this on capacity that we have paid for? MR. TINDALE: That's right. COMMISSIONER COYLE: Now, what does that really mean? Does that mean capacity we have built or capacity we have paid for? MR. TINDALE: It's the -- it's what you've built minus your debt. COMMISSIONER COYLE: Okay, okay. MR. TINDALE: Just give you an example. If it cost you 100 million to build it and you've got $30 million worth of debt, I can't charge the 100 million for that facility. I charge the 70. COMMISSIONER COYLE: Okay. That's what I want to-- MR. TINDALE: We're only charging for what the existing people have put cash out for and created that asset, and that debt is not being charged. COMMISSIONER COYLE: That's right, because we really haven't paid for that yet. MR. TINDALE: Correct. COMMISSIONER COYLE: What we're going to do is take that revenue and allow the level of service to degrade down to the existing Page 64 May 12, 2009 paid- for level of service, but we're going to use impact fees while we're letting it degrade to payoff the debt. Ifwe don't use that, then they'll degrade -- it's going to degrade anyway, but you'll be using something else to be paying for the debt as your level of service degrades. CHAIRMAN FIALA: Commissioner Henning? Excuse me, I'm sorry. COMMISSIONER HENNING: That's fine. I don't understand the argument that if we don't raise the impact fees it's going to have to come out of ad valorem when last year when we raised transportation fees, we actually collected less impact fees. So -- is that a wrong statement Amy? MS. PATTERSON: No. I'm trying to understand the question. COMMISSIONER HENNING: Well, last year we raised the transportation fees 27, 28, 30 percent, or whatever it was, but didn't we collect less transportation fees last year? MS. PATTERSON: The downturn was so significant that it actually overrode that increase in fees and took us into the -- yeah, took us into a decrease in collections. But transportation doesn't have the same debt situation that these other impact fees have. So the loss of revenue to transportation, while it's not good, is different than it is for jail because jail's got an -- right now has an existing bond that they are paying -- that all of the impact fees we collect are going to pay, which is -- gets back to the seven-year issue also, that the fees have to be expended or incumbered within seven years of collection. Those fees are being spent as quickly as they come in to pay the debt related to the existing jail expansion. COMMISSIONER HENNING: Right. MS. PATTERSON: So we don't have the seven-year issue with the jail impact fee or many of the others either. Libraries, same situation. A lot of them have more debt than they have impact fees at the moment. Page 65 May 12, 2009 COMMISSIONER HENNING: And that's not going to change whether we raise this or not? MS. PATTERSON: It's not going to change, but what's going to happen is you're not recognizing what is the true cost. That's the only -- that's what's going to happen. If you remain with the current impact fees, you're essentially collecting less per permit than is the amount that should be allocated to that permit. COMMISSIONER HENNING: If you get that permit? MS. PATTERSON: If you -- right. For each permit that comes in, whether it's one or a thousand. COMMISSIONER HENNING: That's the same thing that happened with the transportation impact fees. MS. PATTERSON: Right. It's just the-- COMMISSIONER HENNING: The reality is, we raised them, we collected less money. So I don't see any harm in delaying raising impact fees until we have a demand on permits. COMMISSIONER COLETTA: Is that a motion? COMMISSIONER HENNING: Yeah. I'll make that a motion. But, I mean, we have to come up with a date. Mr.-- the county attorney wants to say something. MR. KLATZKOW: The only thing I would say is this: Mr. Tindale's saying that his previous study didn't capture as true a cost as his present study is, so our present method of collection is unfairly burdening the commercial interests compared to the residential. The newest study, according to Mr. Tindale, is a fairer method of allocation, which puts the burden more on the residential than the commercial. If we continue collecting under the previous system, we're collecting on a system where we've been told that the methodology isn't particularly good. What we could do, if you want, is we could adopt this study and simply reduce the amount you take in, whether the number's 50 percent or 40 percent, whatever you want to do, to just drop it down so Page 66 May 12, 2009 that there's been no change in the actual impact fees for the residential, but the commercial will see a drop. But I don't really think we can continue to -- I don't think we can continue to charge people based on the old system knowing that the old system is not quite as good as the new one. I think the better way is to just drop the fees. COMMISSIONER HENNING: Is that a correct statement? MR. TINDALE: Yes. I would recommend that you -- being that you've done the study and you've got the document there that there is some risk involved in people coming in and asking for alternative fee studies or something based on our study and it gets -- it's going to get a little -- could be -- get complicated. You're better off to adopt an across-the-board discount for all uses and adopt some number that discounts this residential downward close to the current fee, and you'll see some fairly dramatic reductions in that adoption of the office retail fees. Maybe staff could go back and make it -- try to estimate a revenue-neutral number or something to where you're not collecting any more money, but you're collecting it from the correct area. COMMISSIONER HENNING: And we can -- can we do implementation in two phases, like what you're suggesting, and then also go up to the fee rates at a later date? MR. TINDALE: Yes. COMMISSIONER HENNING: How would you recommend the motion should be to capture that? MR. KLATZKOW: Well, you would implement -- you would task staff to implement this with a reduction so that the revenues coming in -- they're revenue neutral at the end of the day, so there's no change at whether the number's 50 percent or 55 percent or 60 percent, whatever that number is. So the residential stays the same. And then the board can always come back a year from now, two years from now when the economy gets better and change that and go up to the full 100 percent fee. Page 67 May 12, 2009 COMMISSIONER HENNING: That's -- that's my motion, also direct staff to monitor the uptake of permits and come back with those recommendations of going to a full implementation of the study. MR. TINDALE: One comment. You have two options. One is that the single-family be neutral or it be revenue neutral. For it to be revenue neutral, the single-family could not be brought down quite to the same level because you're going to lose revenue off the office/commercial, your current fee. So revenue neutral may be, rather than -- maybe the residential, rather than being more increases up 10 or 15 percent because the commercial is dropping, that's revenue neutral, versus single-family neutral. We need to know which one of the two the motion is requesting. Revenue neutral are the single-family fee being kept constant. Two distinct different calculations. COMMISSIONER HENNING: Single-family to be left constant -- consistent as they are today. CHAIRMAN FIALA: Fine. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: And there is a second by Commissioner Coletta. Commissioner Coyle? COMMISSIONER COYLE: Yeah, a question there. If the single-family's going to be left constant, can you forecast what the impact on retail and office will be? MS. PATTERSON: Just doing the calculation, dropping the fees 50 percent across the board, which doesn't get us to neutral, it's still a 60 percent increase on the residential side. It is a significant decrease across some of the categories. It's 26 percent to 58 percent down across the office categories, it's 65 percent to 41 percent down in retail, and then it varies into some of the specific land uses. But it's a big increase anywhere from -- I'm sorry -- a big decrease anywhere from in the 30ish -- 26 to 30 percent all the way to Page 68 May 12, 2009 about a 94-percent reduction in some of the restaurant categories and some of the specific uses. So it's going to be a very -- if we go neutral on the residential, it is going to be a sizable decrease on the commercial. COMMISSIONER COYLE: Now, we're talking only about correctional facilities -- MS. PATTERSON: Correct. COMMISSIONER COYLE: -- impact fee update. We're not talking about any others, right? MS. PATTERSON: No. COMMISSIONER COYLE: And so that people don't get too excited, that's a relatively small number. MS. PATTERSON: It is. COMMISSIONER COYLE: It's not thousands and thousands of dollars. MS. PATTERSON: No. COMMISSIONER COYLE: But at least it's a movement in the right direction. Now, let me very briefly comment on one thing. There -- it was not the increase of impact fees last year that resulted in a reduction of impact fee revenues. COMMISSIONER HENNING: I knew that was coming. COMMISSIONER COYLE: The reason for that is that the reduction in impact fee revenues was because of the economic downturn. The impact fee increases were based on historical data. So that's the reason that we had an increase in impact fees and a decrease in total receipts from impact fees. So let's not get those two confused. Let's understand the real cause and effect. But if there was a direct cause and effect there, when we reduce impact fees, we ought to see the number of permits go up dramatically. We haven't seen that. So there really isn't that kind of effect. Thank you. Page 69 May 12, 2009 CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: What is going to be the net effect as far as the load that's going to be put on ad valorem taxes if we go revenue neutral? MS. PATTERSON: Revenue neutral-- residential revenue neutral will be -- it's going to have an effect because we're going to -- ultimately we'll collect less money. COMMISSIONER HALAS: And so the end result is, this is going to have to come out of ad valorem taxes that we already know that we've got a 25 percent decrease in? MS. PATTERSON: The debt has -- to pay the debt, that's correct. COMMISSIONER HALAS: I can't go with this motion. COMMISSIONER HENNING: Can I say something? CHAIRMAN FIALA: Certainly. COMMISSIONER HENNING: Right now we're putting a lot of money into impact fees from ad valorem, but it's a loan. MR.OCHS: Yes, sir. In the current fiscal year, we're putting approximately $10 million of ad valorem into debt service payments to backstop impact fees that are not coming in at proj ected levels, and in FY10 we expect that, sitting here today, to be about $13 million of ad valorem support. COMMISSIONER HENNING: As a loan? MR.OCHS: As a loan, yes, sir, to be paid back when impact fees come back. COMMISSIONER HENNING: Nobody can convince me by raising impact fees that we're going to reduce that. Until the market picks up -- I think it's better for the community when the market picks up to make those adjustments. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I want to make sure that I understand what's happening here. Can you tell us how much Page 70 May 12, 2009 additional ad valorem property taxes will be necessary for the correctional facilities if we make the residential neutral and reduce the retail and commercial as you've suggested? MS. PATTERSON: I'm sorry. I don't have the calculation in front of me. Is it a number that I could come up with? I could get close. We know that on the current scenario, we are not collecting enough to cover the debt service payments. COMMISSIONER COYLE: Okay. MS. PATTERSON: Ifwe keep the residential the same and greatly reduce the commercial, it only follows logic that we're going to need more ad valorem support than less because we're going to be collecting less money. Whether it's on two permits or 100, they're going to be permits that, if they're commercial, are going to be pay significantly less. COMMISSIONER COYLE: Okay. What is your best guess at the increase in ad valorem taxes to make up the difference? MS. PATTERSON: I couldn't venture a guess, because the numbers are -- the numbers are all over the place, so we would have to -- we would have to go through and try to plug some of the permitting assumptions that we make into the calculation and try to come up with a number that way. But we're -- we're grossly behind now just in annual collections on the current rate schedule. Reducing it will only exacerbate that condition. COMMISSIONER COYLE: And we're talking only about correctional facilities right now? MS . PATTERSON: Correctional facilities right now. COMMISSIONER COYLE: Now, do you have any capital expenditures programmed for correctional facilities within the next two or three years? MR.OCHS: No, we don't. MS. PATTERSON: I don't believe so. COMMISSIONER COYLE: Okay. All right. I, quite frankly, Page 71 May 12, 2009 can't make a decision without that information because I think it's an important element in deciding whether we should reduce this or not. I need to know the impact on the property taxpayers. MS. PATTERSON: Okay. CHAIRMAN FIALA: How long would it take you to come up with that information? I mean, should we finish the rest of the things on our agenda and could you have that figure for us then? MS. PATTERSON: I could-- CHAIRMAN FIALA: In the next 15, 20 minutes. MS. PATTERSON: I could go downstairs to the budget office and work with them quickly and see if I can come up with a number, if that could be -- COMMISSIONER COYLE: Yeah. We could make this time certain at 5:30 or 6:00? CHAIRMAN FIALA: Would that help if they ran down to get that information? COMMISSIONER COYLE: Oh, it would help very much, sure, thanks, yeah. CHAIRMAN FIALA: So County Attorney, could we just -- MR. KLATZKOW: Just table this for now and we'll pick it up later. CHAIRMAN FIALA: Okay. Will that be okay with everyone? COMMISSIONER HENNING: Sure. CHAIRMAN FIALA: Very good. Okay. I've got approval on that. We'll see you in a few minutes. MS. PATTERSON: All right. CHAIRMAN FIALA: Because we're whisking through this. As soon as -- as soon as Commissioner Halas' phone stops ringing. Okay. Item #10C Page 72 May 12, 2009 A POLICY FOR FUTURE LANDSCAPE EXPANSION PROJECTS INITIATED BY DEVELOPERS, MUNICIPAL SERVICE TAXING UNIT (MSTU), OR HOMEOWNER ASSOCIATION (HOA) FOR INCLUSION INTO THE COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN - APPROVED MR.OCHS: Madam Chair, that takes us to Item 10C, which is a recommendation that the board approve a policy for future landscape expansion projects initiated by developers, municipal service taxing unit, or homeowner associations for inclusion into the Collier County Landscape Beautification Master Plan. Michelle Arnold, your Director of Alternative Transportation Modes, is here to present. MS. ARNOLD: Good morning. Michelle Arnold for the record. Commissioners, we're bringing this item to you as a proactive measure to address the, you know, planned or future financial constraints that we predict will occur in the coming budget years, coupled with the fact that we continue to get requests from the community for landscaping when roadways are completed. I'In here to tell you that in the upcoming budget year we have no capital projects proposed. And what we're trying to do with this policy is to provide the community, whether it's developers, MSTUs or homeowners associations with the ability to make donations or pay for the capital proj ects for future roadways landscaping. What we have before you is an executive summary that provides you some chronological information with how the master plan, the landscape master plan, has evolved over the years. And what the recommendation is, is to have the board ratify your existing policy of base level landscaping at the completion of construction projects, which is six-lane roadways, and that base level would include electrical, sleeving of irrigation, clean soil, curbing, and brick pavers at the end of the median ends so that in the event we get budget dollars Page 73 May 12, 2009 for future expansion, those roadway medians are ready for that construction. The board had also adopted a type B landscaping buffer for those six -lane roadways, and we would recommend that you continue that and budget -- you know with budget permitting, those -- that type B buffering would be installed. The recommendation also includes a policy to allow MSTUs, developers, and homeowners associations with the ability to fund capital projects of six-lane roadways consistent with that type B buffer, and the county would work with those entities to get the project completed. It would be reviewed by the county, and at the approval of the Board of County Commissioners, the maintenance would be picked up by the county. Another option is to allow MSTUs, developers, and homeowners associations with the ability to fund capital projects for four-laned roadways that are at their maximum lane configuration with no future plan for expansion. We have a few roadways, and we've identified those in the executive summary for you, such as, you know, parts of Airport Road, Pine Ridge, that are at four-lane. There's no future plan for expansion, but there is a desire to landscape those medians, and this policy would allow those entities to fund the capital projects and add a type B buffer and, again, the county would pick up the maintenance with board approval. And lastly, the policy also includes the provision for MSTUs, developers, and homeowners associations to exceed that type B buffer to include side tree landscaping, which is identified in the type C landscaping policy. In that event the entity would be required to enter into a landscape maintenance agreement with the county, and they would pick up the responsibilities for maintenance of that portion of the landscaping that exceeds the type B buffer. And that's my presentation. If you all have any questions? Page 74 May 12, 2009 CHAIRMAN FIALA: Oh, there are a number of lights on. We start with Commissioner Coyle. COMMISSIONER COYLE: Michelle, I think this is strategically a good idea. I agree with the proposal of staff, but the landscaping standards are absolutely critical because if we're going to pick up responsibility for maintaining the landscaping, we have to make sure that the landscaping standards are such that we're not having to expend exorbitant amounts of money to maintain it. So my question is this: Have we looked at the standards from the standpoint of the costs of ongoing maintenance in order to, perhaps, amend the standards so that it will be less costly to maintain in the future? MS. ARNOLD: Yes. We've had to do that with current budget restraints that we've experienced over the last two or three years. So our maintenance have been fine tuned, that we have cut back on certain things like sod. We're not putting as much sod in in our medians, so that adds to our maintenance costs. So we've adopted that as a part of our policy type B. We're looking at various vegetation types that require less maintenance, less cutting our -- you know, some of our hedging, less watering. We have also tried to incorporate, when we can, reuse as well as looking at other things like, you know -- I guess -- I guess we're looking at solar as well as a cost-saving measure, so we have been doing that, and I think our maintenance costs have been reduced as a result. COMMISSIONER COYLE: So we have actually revised the landscaping standards; they have been revised and published and made part of our Land Development Code so that plants that require less water and less maintenance are required in these landscaping standards; is that done already? MS. ARNOLD: Yeah. You all at your last meeting adopted the -- or the right-of-way ordinance and adopted landscape maintenance Page 75 May 12, 2009 requirements as part of that, as an addendum to that ordinance. COMMISSIONER COYLE: And those kinds of plants were specified in that ordinance? MS. ARNOLD: Yes. COMMISSIONER COYLE: Okay, all right. Then I think you've got a good plan. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I just wonder if we're not going far enough to prepare for some very lean years down the road, and also discussing the idea of our budget restraints and how we're going to be able to address a meaningful budget to this landscaping that we have that's existing. I think this is wonderful and it sets a pattern for new landscape. To be honest with you, it will affect District 5 more than it will any other place in the county . You remember last year I opted out of consideration for landscaping. I guess this just puts the final nail in the casket. So I -- what I'm asking is that -- some consideration earlier than later because when we get down to the budget crunch, it's going to be a contentious issue. And if we could work this into it -- is there any way that we're addressing present landscaping out there with this or we're just addressing the new landscaping? MS. ARNOLD: In that -- you're referring to whether or not we're looking at the maintenance of our current landscaping and adjusting accordingly? COMMISSIONER COLETTA: Yes. MS. ARNOLD: Yes, we are doing that. For example, if we have some replacements we have to do because of -- you know, something died or has been hit by a vehicle, we are making those adjustments when we can. COMMISSIONER COLETTA: I hope we get eventually down to the point where we offer everyone in the county a basic Page 76 May 12, 2009 landscaping, and then any communities that want to enhance it, be it private businesses or homeowners associations or whatever entity out there, that they would be able to carry it to the next step, and then we could come up with something that would be economically equal for everyone throughout the county. Problem is, I've got a lot of people in District 5 that are far removed from anything in the way of landscaping, but they still pay into this MSTU or the general fund for this landscaping. So just as we go forward, I'd like everybody to keep those thoughts in mind. CHAIRMAN FIALA: Okay. I'm up next, okay, and that is, I had a number of concerns. One of them is a unified plan. And I'm going to give an example on 951 between -- on the way to Marco Island. We have Fiddler's Creek, and they've done a marvelous job with their median. And then we have Hammock Bay whose now in some -- well, WCI is in bankruptcy. Their median does not look as good at all. Now, the county's going to come in with a grant that we received from the state and do one section. So what we have along that roadway is piecemeal, some look really good, some looking partially good, some not done at all. And according to this, if there is no developer, it just doesn't get done. So now you have a patchwork roadway, which makes me think now of District 5. I think of Oil Well Road. Oil Well Road by Ave Maria, well, they've got a developer there and they'll probably do a wonderful job. Where there is no developer, maybe just single-family homes, they're not going to be doing that at all. So now you've got a patchwork effect again. You've got Golden Gate Boulevard where there's no major developer along there, but the homeowners are there, but they don't really have a homeowner association all the way along Golden Gate Boulevard. As they extend that boulevard and put landscaping in, how will that affect them? Page 77 May 12, 2009 Same with Immokalee Road when you get -- when you get out just a little bit further on the way to the casino, they're going to want to have landscaping also to look just as nice as the rest and yet there is no developer there. So I am concerned about those things. I don't have a problem in my district because we're done, but I am concerned with District 5 because I don't want them to look piecemeal. I want it to look just as nice as everything else, is my concern. Let's see. And I gave you an example. Oh, Vanderbilt Beach extension. Again, that's another one that would be, you know, just single-family homes again, no developer. MS. ARNOLD: Commissioner, this would be an interim policy. Obviously if there was some more definitive funding for landscaping, then you wouldn't have, you know, those projects or developments and -- that are developed would be getting landscaping in those areas that are without a developer or homeowners association without it. So -- but I think this is what we feel is something that could at least address the current requests that we're getting, considering the financial constraints that we're going to be under. CHAIRMAN FIALA: So, in other words, let me just say, it's kind of like a Band-Aid effect until our economy recovers, and then we'll fill in with the other things? Because as Commissioner Coletta said, his district is now going to be the one that's going to be receiving a lot of this stuff, but they're not going to have the same developer contribution as other areas, and we want to make sure that everybody looks beautiful and -- I mean, that's our signature of Collier County. So in other words, this is just going to make do until such time as our economy recovers enough so that we can fill in all these gaps? MS. ARNOLD: Yeah, that's a good way to put it. CHAIRMAN FIALA: Okay, okay. Thank you. I just wanted to understand that. Commissioner Halas is next. COMMISSIONER HALAS: Yep. I think what we need to do is Page 78 May 12, 2009 we need to change our thinking process here. This county cannot continue to look at landscaping as a benefit. We've got some huge concerns that are coming up in regards to shortfall in landscaping maintenance. This here is basically to set up, if you want to have landscaping, then you -- the people in that general area need to set up an MSTU, and I'm a strong believer that this is the direction that we need to go. I have constituents that feel that they are entitled to landscaping on Airport Road north of Vanderbilt Beach Road, and they also think that they need landscaping that's on Vanderbilt Beach Road that's east of Airport. I've told them time and time again, those are four-lane highways. If they want it, they need to come forward and set up an MS TU. This is what this is all about. And I understand the concerns, but we cannot continue to use ad valorem tax dollars to set up landscaping. There are other communities such as Radio Road that has an MSTU, and I believe that Golden Gate City has an MSTU -- CHAIRMAN FIALA: Bayshore. COMMISSIONER HALAS: -- to set up landscaping, and probably Bayshore. CHAIRMAN FIALA: (Nods head.) COMMISSIONER HALAS: So the idea of the government's going to take care of this, if you want landscaping, then those communities need to step up to the plate and take care of it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Michelle, the way you have this outlined, wouldn't it bring consistency and direction for people, whether it be communities, non-gated or HOAs, to have MSTUs to create landscaping? MS. ARNOLD: Yeah. This is similar to what we're practicing right now, and a couple of the MSTUs have been mentioned, Radio Road and Golden Gate. So this is providing that vehicle for other Page 79 May 12, 2009 communities to do the same thing. COMMISSIONER HENNING: Right. And have consistency -- MS. ARNOLD: Yes. COMMISSIONER HENNING: -- in the median. And actually during commissioners' comments, I want to ask for direction because I understand Commissioner Halas' comments about landscaping, but people still want landscaping. That's the bottom line. And those are our constituents, so we need to try to provide vehicles for them to do that. I understood from two of the -- my colleagues that if you want landscaping, create an MSTU. I think this is the vehicle for the residents to do so, and fully in support of staffs executive summary. And I'm going to make a motion to approve staffs recommendations. CHAIRMAN FIALA: I'll second that motion, and I'll just add that an MSTU is good when you've got like a whole community like Island Walk, for instance, and they want to build. But then when you get out into the Estates and you've got one home every five acres, it's kind of hard to create an MSTU because you just don't have enough people, and they could never afford to do that themselves. COMMISSIONER HENNING: Well, we did that in Golden Gate City when Max Hasse was a commissioner. I mean, it's not HOAs, head of civic association. It was the Chamber of Commerce then and the civic association people working together to make that happen. CHAIRMAN FIALA: Okay. Just so that every-- COMMISSIONER HENNING: There is a way to it. CHAIRMAN FIALA: Good, because I think everybody deserves a fair shot at it and, you know, a chance to look as beautiful as their neighbors. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Just wanted to reconfirm. Page 80 May 12, 2009 I agree with you, there is a tremendous number of people out there that really do want to see landscaping, and who wants to argue with them? I mean, that's what makes Collier County unique. COMMISSIONER COYLE: They're on limerock roads, too. COMMISSIONER COLETTA: Yeah, we want them landscaped, too, but not right down the middle of the road. I'm telling you right now, it won't be acceptable, Commissioner Coyle. Asphalt's what we're looking for. But the truth of the matter is, there's a fairness issue on this whole thing that we have to keep in mind at all times. Now, help me with this, Golden Gate City and Immokalee both have an MSTU for landscaping. MS. ARNOLD: That's correct. COMMISSIONER COLETTA: They also pay into the general fund for the rest of the county, correct? MS. ARNOLD: Yes. COMMISSIONER COLETTA: So not only do they pay their own MSTU, but they pay a general fund for this landscaping. I don't understand the fairness of this. I really don't. I mean, if you've got an MSTU in place, you're taking care of your immediate area. And I mean -- and I'll be honest with you, both Immokalee and Golden Gate City do a wonderful job with the money they bring in. Why are these people also paying for everybody's landscaping that doesn't have an MSTU? CHAIRMAN FIALA: Can I jump in and say, they drive on everybody else's roads and enjoy the landscaping and the calming effect and the -- COMMISSIONER COLETTA: Well, forgive me. It don't make sense. COMMISSIONER HALAS: Vanderbilt Beach has a landscaping MSTU that we've landscaped the roads in Vanderbilt Beach area. Page 81 May 12,2009 COMMISSIONER COLETTA: Okay. Now, the way I always see the thing -- COMMISSIONER HALAS: They pay into the thing. MS. ARNOLD: Can I answer the question? COMMISSIONER COLETTA: Well, let me just make a statement. MS. ARNOLD: The MSTUs are picking up the capital projects, and the county is picking up the maintenance. MR. OCHS: In the future. MS. ARNOLD: No. They are doing it now. COMMISSIONER HALAS: The MSTU, we do the planting, and the county picks up the maintenance, but we pay the county on our MSTU. Our MSTU pays for the maintenance. CHAIRMAN FIALA: Same with Bayshore. COMMISSIONER HALAS: Yeah. COMMISSIONER COLETTA: So we're right back to a fairness issue on it. Sure, it's tranquil and it's lovely to drive in, but why do my people that live out in Golden Gate Estates -- not Immokalee. Immokalee's got their own part there. But why does Immokalee have to pay twice? Why do people that live in Golden Gate Estates that might never get to the coastal area have to pay for that? You know, they're willing to live without the MSTU, they're willing to live without the landscaping. They've made this clear to me many times. I'm sorry. Commissioner Coyle's in agreement, but he wants to make a statement. CHAIRMAN FIALA: I'll let Commissioner Coyle jump in there, yes. COMMISSIONER COYLE: For the same reason that we all pay in to a stormwater fund that helps everybody in the county with stormwater projects, for the same reason that people who don't have children pay to the school board to benefit all the children in the community. Page 82 May 12, 2009 There are many, many examples why that sort of thing happens. And if we -- you know, to get into a debate -- I mean, why does a large portion of the property tax revenues from my district along the coast get spent in Immokalee? And it does. And I don't -- I don't complain about that. COMMISSIONER COLETTA: That's God choosing, I got to tell you right now. COMMISSIONER COYLE: It's not. COMMISSIONER COLETTA: It's beyond this commission. COMMISSIONER COYLE: But I mean, that's what we're all about. We're about helping everybody in the community. And if we get into a fight about, where does my money go and why don't I get to keep all my money, you know, it's not going to lead us anywhere. But I think we've been able to do quite well throughout the county making it a beautiful place to live. COMMISSIONER COLETTA: No doubt about that. COMMISSIONER COYLE: And when we create a reputation of having a county that is a wonderful place to live, we're benefiting all the residents in that county, and we're impacting -- COMMISSIONER COLETTA: I hear you. COMMISSIONER COYLE: -- the property values of all the people in the county. COMMISSIONER COLETTA: And I don't -- that argument gets a little thin as we go along. But also, too, we're up against a real tight budget year where we're going to have to look at everything. At some point in time we're going to have to make choices between the health, safety, and welfare, and landscaping. And we haven't got there yet, but we're all aware of the fact that's going to be coming up. COMMISSIONER HALAS: This is the start. CHAIRMAN FIALA: Okay. And Commissioner Halas will wind this up. COMMISSIONER HALAS: Commissioner Coletta, this is the Page 83 May 12, 2009 start where we got the MSTU and everybody, and homeowners association they're going to get back involved in this. That's what we're doing. CHAIRMAN FIALA: Okay. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes. MS. ARNOLD: Ifwe might just have Michelle take one more minute and -- CHAIRMAN FIALA: Fifty seconds, thank you. MR. OCHS: -- clarify what our -- what we are doing right now with regard to landscape, capital and maintenance. MS. ARNOLD: And I'll use Golden Gate City as an example because it's the best example because Golden Gate Parkway, which meets our six-laning criteria in certain parts, county's taking on the maintenance, but they have in their MSTU certain roadways like Sunshine and Coronado and -- that do not meet that criteria, which exceeds the county's basic landscaping requirements, which they are paying for, capital as well as maintenance. So that's similar to the proposal that's being brought to you. Anything that is in excess of the county's basic landscaping master plan requirements, the MSTUs or associations would pick up the maintenance and capital projects. Anything that meets it, upon board's approval obviously -- it would be a case-by-case basis -- you all would determine whether or not you would pick up the maintenance on those roadways. CHAIRMAN FIALA: Very good. We have a motion on the floor from Commissioner Henning, a second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 84 May 12, 2009 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) MS. ARNOLD: Thank you. CHAIRMAN FIALA: That's a 5-0, good. COMMISSIONER COLETTA: Was there limerock roads in that? CHAIRMAN FIALA: Huh? COMMISSIONER COLETTA: Was there limerock roads in that one? CHAIRMAN FIALA: I heard them mentioned. COMMISSIONER COYLE: That was a health, safety, welfare. MR.OCHS: Commissioner? CHAIRMAN FIALA: Yes. Item #10D AWARDING BID NO. 09-5213, FOR THE CONSTRUCTION OF THE ADMINISTRATION BUILDING (BLDG. F) SECURITY LOBBY ADDITION, PROJECT NO. 52525.1, IN THE AMOUNT OF $453,042 TO BORAN CRAIG BARBER ENGLE CONSTRUCTION COMPANY~ INC. - APPROVED MR. OCHS: Your next item is 10D, and that was moved from your consent agenda to your regular agenda. It was formerly Item 16E5, and that is a recommendation to award bid number 09-5213 for the construction -- excuse me -- of the administration building security lobby addition, project 52525.1 in the amount of $453,042 to Boran Craig Barber Engle Construction Company, Incorporated. This item was moved at Commissioner Coyle's request. Page 85 May 12, 2009 COMMISSIONER COYLE: Maybe I can -- CHAIRMAN FIALA: Sure. COMMISSIONER COYLE: If I can, Madam Chair. I don't have a problem with improving the lobby or adding to it, but $453,000 for a thousand square feet is just outrageous. MR. CAMP: Agree. COMMISSIONER COYLE: So maybe there's a reason for it. But I know there's a lot of people out there who live in homes that are a lot bigger than a thousand square feet who would be amazed at the cost of $430 a square foot for construction. MR. CAMP: Very valid observation. For the record, I'm Skip Camp, Facilities Management Director. And I apologize for not making this clear in the executive summary, Commissioner. If you look on the visualizer, we have a tendency in the industry to talk about conditioned space. The building is twice that size, but the conditioned space is about a thousand square feet. When you add the other thousand that's outside the conditioned spaced with the roof, the foundation, it's about $200 a square foot. It's the last piece of this puzzle to make this campus user friendly. It will bring -- it will bring the public -- it will make sense to the public finally. Once they leave the parking lot on either side of the parking deck or the parking lot on the other side, they will have covered walkways all the way into their services. And one of the things we're running into is, we want to get them away from the side of this building -- it's the old docking area -- for a number of reasons. First of all, you'll notice we're putting in a one-megawatt generator. We're replacing the old 40-year-old one. That's going to have some issues, obviously sound and smell. We also have the -- wanting the loading dock back, which interferes with the pedestrian walkway also. And when those trucks are running, there are some fumes. So we want to get the general Page 86 May 12, 2009 public out of that area and back into the mainstream where, like I said, as soon as they leave their vehicle, through new signage that we just ordered, they will come exactly -- they will know exactly how to get to their services. And also, once inside the building -- right now it's a little confusing. They don't see the elevators. They have to be directed to the elevators and stairwells. They'll be exactly where they need to be. The elevators will be right inside there, and the public will be served. This is the last piece. And, again, there's a number of reasons also, Commissioner, that it's $200 a square foot. One of them is that we have to go with the most restrictive construction there is. It's called type one and it's because it's attached to a high-rise. That brought the cost up considerably. It's a complicated site. The entire footprint has to be hand-dug because of chiller pipes that run underneath, the fiberoptics, the sewer, the potable water, all those kind of things. So there's a number of items that make this $200 a square foot. But I think when it's done, the campus finally will make sense to the people that use it, the public. COMMISSIONER COYLE: I don't know that our offices will ever make sense to the public, but nevertheless. You're talking about a total of then 2,000 square feet of construction, only 1,000 square feet is under air. The rest of it is a portico or something? MR. CAMP: That's correct. COMMISSIONER COYLE: Is any portion of the entrance and walkway included in this cost, or is that separate? MR. CAMP: Yes. We will bring the walkways together here, and the sidewalk is part of it, too. I should also remind you that a year-and-a-half ago we budgeted this at $800,000. At that time that's what the going rate was. The bids came in at less than -- or around half, I believe, and it was very Page 87 May 12, 2009 competitive. We had nine bidders. We used to -- we used to beg for two or three bidders. So it was very competitively bid. COMMISSIONER COYLE: Okay. Thank you very much. CHAIRMAN FIALA: Would you like to make a motion? COMMISSIONER COYLE: I prefer not to. CHAIRMAN FIALA: Okay. Commissioners, anybody would like to make a motion on this? COMMISSIONER HALAS: I'll make a motion for approval. CHAIRMAN FIALA: And do I hear a second? COMMISSIONER COLETTA: I'll second it. CHAIRMAN FIALA: Okay. I have a motion on the floor, Commissioner Halas, second by Commissioner Coletta. Any more 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.) Item #8A (Continued from earlier in the meeting) ORDINANCE 2009-24: AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED THE COLLIER COUNTY CORRECTIONAL FACILITIES IMPACT FEE UPDATE STUDY, DATED APRIL 21,2009; AMENDING Page 88 May 12, 2009 SCHEDULE FOUR TO REFLECT THE REVISED RATES SET FORTH IN THE IMPACT FEE STUDY AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF AUGUST 11,2009, IN ACCORDANCE WITH THE 90-DA Y NOTICE PERIOD REQUIRED BY SECTION 163.31801 (3)(D), FLORIDA STATUTES - ADOPTED W/CHANGES CHAIRMAN FIALA: And I guess now we'll move back to our impact fees. MS. PATTERSON: Hello. Amy Patterson again, for the record. We've made a lot of assumptions in calculating these numbers. I think the most dangerous assumption is that permitting activity is going to stay the same. But we had to go there. It's -- they're small numbers obviously, and if it gets much worse than this, then we have other predicaments that we're going to be facing. But this year the shortfall -- just before we changed the fees or did anything, the shortfall in the jail impact fees to pay the $2 million worth of debt per year is $1.6 million that we'll be borrowing. Now, if we went to a scenario where the residential fees stayed the same and the commercial fees were then adjusted down accordingly by 50 percent, that constitutes about another $100,000 loss assuming the exact same permitting scenario that we have now. Of course, any big buildings or things that would come in could change that, and they could change it dramatically just with one building permit. But we had to make that assumption that we stayed the same with the activities, square-footage uses, things like that. So that $100,000 loss then takes the need to borrow to 1.7 million. And also to mention that if permitting activity does the opposite and starts to increase, then we're exacerbating this problem of loss on every building permit and that our period to correct is 90 days. So if for some reasons permitting activity really picked up, there's nothing that we can do for 90 days from the date that a change is Page 89 May 12, 2009 adopted. So you have a three-month period you'll always be dealing with in order to make a correction to these fees. And that's where I'm at as far as those numbers go. We had calculated the difference if we went to implementing the fee at 75 percent. What that will do is soften the increase a little bit on the homes and will still provide a decrease to the commercial. It gets you -- it solves your methodology issue. We move to the new methodology . We don't implement 100 percent of the fee. We could take Commissioner Henning's recommendation that we come back in a year period and look at the scenario. At that time we'd be ready to look at the indexing, too, and see how all of those factors play out when you go to implement the full fee. At this point if you are happy with any of these ideas or if you would like me to run more scenarios, I can come back at the next meeting. It's at the board's direction that I proceed. COMMISSIONER COYLE: Well, just to clarify what you told us. You gave us two sets of figures, a jail impact fee shortfall of 1.6 for debt service and an additional $100,000 for this year if we do what? MS. PATTERSON: If you reduce the commercial side by 50 percent and hold the residential side at the current rates -- COMMISSIONER COYLE: Okay. MS. PATTERSON: -- which I did have an additional concern about that only because of not applying an adjustment equally across the two classes. I would caution that if you make a change to one -- you can't make an arbitrary change to one type of construction and leave the other fee the same. COMMISSIONER COYLE: I just want to clarify this, and then I'm going to turn this over to Commissioner Halas because he wants to ask a question about it. But then you gave a 75 percent fee reduction? MS. PATTERSON: No. Implementation of the fee at 75 -- COMMISSIONER COYLE: At 75 percent. Page 90 May 12, 2009 MS. PATTERSON: -- percent. So a 25 percent reduction. COMMISSIONER COYLE: Would give you what kind of shortfall at that level? MS. PATTERSON: Minimal. It should bring us fairly close to revenue neutral, of course, throwing in the caveat that if permitting activity changes, even types of units -- because right now the impact fees are being assessed on a per-square-foot basis, both residential and commercial, this methodology's going to change to the tiers. So it's -- there's going to be some leveling out of those numbers just based on the new methodology, and the same thing with the commercial activity. If there's different types of commercial activity, less intense, more intense, you could see those numbers shift. We had to just go based on what we know. COMMISSIONER COYLE: Just to summarize now, make sure we all got it right so when we ask a question we know where we're starting from. If you keep residential at the current rate and commercial will reduce, you're going to have an additional $100,000 shortfall that will have to be covered by the general fund. If you implement the rates at 75 percent, which is a 25 percent reduction of the residential rates -- MS. PATTERSON: Across the board. COMMISSIONER COYLE: -- across the board, 25 percent reduction across the board, it will have minimal general fund impact; is that what you're saying? MS. PATTERSON: Minimal general fund impact above the 1.6 COMMISSIONER COYLE: 1.1 (sic), which you're already committed to? MS. PATTERSON: We're already committed to borrowing-- COMMISSIONER COYLE: Okay. MS. PATTERSON: -- the 1.6. Page 91 May 12, 2009 COMMISSIONER COYLE: Okay, all right. Thank you very much. Commissioner Halas, I'm sorry. Madam Chair, it's all yours. CHAIRMAN FIALA: Thank you very much. COMMISSIONER HALAS: And if we decided to say that we want to cut the $400 per regular homes, what would that impact the revenue from the general fund? MS. PATTERSON: If you wanted to cut the residential fees as well as even further to the 50 percent? Well, we estimated that if you look at the $400,000 estimated to be collected this year in jail impact fees, we attributed about $132,000 of that to residential. So if you cut that in half -- whatever you cut out is what we have to balance with general fund. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I want to amend my motion, two parts of it. For one thing, if we ask staff to come back to implement the full impact fee study, you still have to wait 90 days, and I would rather just give you a day, and if that day doesn't work for what -- nothing has changed in the market, we can also delay that. MS. PATTERSON: So if you pick say January 1, 2008, and then January 1, 2009, is that what -- so you pick two -- COMMISSIONER COYLE: Yeah, I was thinking February 14th. MS. PATTERSON: Okay. Two effective dates, for the first phase of implementation and the second phase of implementation. COMMISSIONER HENNING: Second phase would be February 14th. MS. PATTERSON: Okay. COMMISSIONER HENNING: First phase, being that we have more information -- I'm also aware and concerned about our residents having to pick this up even on an interim basis. So I'm going to Page 92 May 12, 2009 change my motion to implement a 75 percent of the study; is that correct? MS. PATTERSON: That's correct. COMMISSIONER HENNING: And that way we'll try to hit the target so our taxpayers are not hit by further reductions in some manner. CHAIRMAN FIALA: And the second? COMMISSIONER COLETTA: I'm sorry, Commissioner Henning, one more time. You want to phase it in? COMMISSIONER HENNING: Yes. COMMISSIONER COLETTA: And the date, if the economy is worse and we want to deal with it, we can also deal with that, too, at the time? COMMISSIONER HENNING: Correct. COMMISSIONER COLETTA: Okay. My second remains. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: The only thing -- one thing I'd like to ask is, is can we use the terminology reduction of25 percent in the jail impact fee across the board rather than have 75 percent implementation rate, because it's confusing that way. MS. PATTERSON: So long as we say it's a 25 percent of the proposed fee. COMMISSIONER COYLE: Twenty-five percent reduction of the proposed fee, across the board? MS. PATTERSON: Across the board, only because I don't want to give people the impression we're reducing the current fee by 25 percent. COMMISSIONER COYLE: That's right, okay. But it's still going to result in an increase? MS. PATTERSON: It's still going to result in an increase. COMMISSIONER COYLE: Okay. MS. PATTERSON: It's $137.34 on a 2,000-square foot home. Page 93 May 12, 2009 COMMISSIONER COYLE: Okay. And so we're doing two things. We are reducing your recommendations by 25 percent across the board, and we're also delaying the implementation of those new rates until February 14th; is that -- is that what we're saying? COMMISSIONER HENNING: Yes. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: And on February 14th we can address it -- address it again. COMMISSIONER COYLE: Yeah. Is that somebody's birthday or -- CHAIRMAN FIALA: That's Valentine's Day. COMMISSIONER COYLE: It's Valentine's Day, okay. I understand now. MS. FILSON: That's a Sunday. COMMISSIONER COYLE: Sunday? MS. PATTERSON: If I might clarify -- the new -- the rates, the 25 percent reduction in the proposed will go in effect on February 14th? COMMISSIONER HENNING: Yeah. MS. PATTERSON: And then the 100 -- at some future time, if you choose to implement the 100 percent fee, we'll deal with that on a going-forward basis? COMMISSIONER HENNING: I thought it was a date of October or August. MS. PATTERSON: That's what I'm trying to clarify is, there is a -- the recommended date in the executive summary for the 90 days is August 11 tho COMMISSIONER HENNING: And I apologize. That is the 25 percent reduction. MS. PATTERSON: Okay. So Phase 1 -- COMMISSIONER HENNING: Phase 1. MS. PATTERSON: -- would go into effect as prescribed only Page 94 May 12, 2009 with the 25 percent reduction, and then the second, Phase 2, which would be the full fee, would go into effect on February 14th. COMMISSIONER HENNING: Correct. CHAIRMAN FIALA: Okay. Everybody clear on that motion? Staff? Everybody? Second? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. We have a 4-1 vote on that with Commissioner Halas opposed. COMMISSIONER HALAS: Yep. MS. PATTERSON: Thank you. CHAIRMAN FIALA: Thank you very much. COMMISSIONER HENNING: Good to see you again. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. OCHS: Ma'am, that takes us -- that takes us to public comment on general topics. CHAIRMAN FIALA: Do we have any public comment? MS. FILSON: Yes, ma'am. I have one speaker, Michael Conway. COMMISSIONER HENNING: I think you have two. COMMISSIONER COLETTA: No, you should have two. MS. FILSON: Okay. I have two. Page 95 May 12, 2009 CHAIRMAN FIALA: We have two? MS. FILSON: Yeah. He registered under 6B. MR. CONWAY: Commissioners, Madam Chair, Michael Conway for the record. I'm back in front of you again to see if we've gone forward with something in regards to the nonconforming calls to the Sheriffs Department and nonessential calls, for fees to be instituted against those individuals that do that. And you had directed staff and the county attorney to look into the possibility. That's all I have to say. CHAIRMAN FIALA: County Attorney? COMMISSIONER COYLE: County Attorney? MR. KLATZKOW: I just got an email from Diane Flagg earlier on this today. I don't really remember where we are, and I directed staff to pull the transcripts to see where we are on this. I just don't recollect where we are in the process. CHAIRMAN FIALA: Well, could you check on that -- MR. KLATZKOW: Yes, absolutely. CHAIRMAN FIALA: -- and get back to this gentleman? MR. KLATZKOW: Yes, ma'am. CHAIRMAN FIALA: Okay. He will get back to you, Mr. Conway. MR. KLATZKOW: Mr. Conway and I have spoken before. CHAIRMAN FIALA: Okay. MR. CONWAY: Okay. Thank you. MS. FILSON: The next speaker is David Mallory. MR. MALLORY: Commissioners, I'm Dave Mallory, First Assembly Ministries. I wish I had a teleprompter, but since I don't, I'm going to speak from my heart. About three-and-a-half years ago we entered into an agreement with Bill Klohn and Pat McEwen (phonetic) of MDG to sell them 24 acres to construct workforce housing. About ten months ago, they walked away from a contract, a Page 96 May 12, 2009 promissory note and a second mortgage and also a verbal commitment to our bank to give us the payments due. We lost more than $5 million. We had -- based on their commitment, we had borrowed money from our bank to construct our family worship center. Everything had to come to a halt at this point. From the $3.2 million, the county gave us permission to begin our footers and our slab. We also purchased a half-million dollars worth of steel which has been sitting on the ground now for about ten months. It's been a psychological and a financial hardship to the church, but recently we had some people come forward that said they would be willing to help us go vertical with our construction without any upfront cost to the church. We approached staff, and staff said we could have what they called a phased permit. What I'm asking for is if we could pay the impact fees when we get our permanent permit, our construction permit, and let us go ahead with the shell, with the steel that's just sitting on the ground prior to the rainy season. We really would like to go vertical. So we would pay the impact fees when we obtained our regular building permit, but to let us go vertical with the shell of the building just now on this phase permit. COMMISSIONER HENNING: You wouldn't be utilizing this? MR. MALLORY: No. COMMISSIONER HENNING: Just to put it up. MR. MALLORY: No. COMMISSIONER HENNING: So I mean, there's really no impact until you go further down the line. MR. MALLORY: Right. COMMISSIONER HENNING: Sounds reasonable to me. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Reverend Mallory, your dreams, which I endorse 100 percent, have been -- you've been Page 97 May 12, 2009 through just about everything you could possibly go through, and I'm sure your parishioners are saying, you know, let's say something. MR. MALLORY: Yes. COMMISSIONER COLETTA: If you were able to construct this, at least it would be something vertical that, when they drive in to come to services, they'd be able to see this, and it might inspire them to go forward with the dream. MR. MALLORY: I believe it would. COMMISSIONER COLETTA: I can't see any harm. Can you, County Attorney? MR. KLA TZKOW: I think the ordinance is silent on this issue. There's no impact. He's just putting up a shell, so I don't have an issue with this. COMMISSIONER COLETTA: Can we direct from here or do we have to bring it back? MR. KLATZKOW: There's no need for a public hearing on this. It's -- the ordinance is silent, so if you want to direct from here, it's fine. COMMISSIONER COLETTA: Well, I'm in agreement with going ahead. CHAIRMAN FIALA: And this is to build your worship center? MR. MALLORY: Yes. CHAIRMAN FIALA: Like your church? MR. MALLORY: Yes. CHAIRMAN FIALA: Commissioners, anything? I have two nods here, right? Any problems with them going vertical just with the shell? COMMISSIONER HALAS: I'm really not sure where this is leading us to. MR. KLATZKOW: Well, my understanding is he's got steel beams that are -- COMMISSIONER HALAS: I understand. Page 98 May 12, 2009 MR. KLATZKOW: -- rusting away. COMMISSIONER HALAS: But I'm concerned that the next thing you know, then he's going to come in and want to waive impact fees or something. MR. KLATZKOW: No, no, no, no, no. COMMISSIONER HALAS: I'm not sure where we're going on this thing. MR. KLATZKOW: No, that's what we're doing here. COMMISSIONER HALAS: I guess I need to have more input. MR. SCHMITT: I just want to clarify, for the record, and -- for the record, Joe Schmitt, administrator of community development. A phase permit is the issuing of an actual building permit. And Randy and his team will have to apply and go through a phase permitting process which is basically a full review of a building permit, and that the building is normally constructed in phases, whatever the phase they wish to do is, if portions of it were to be occupied or just phasing. For example, the hospital we issued in phase permits. As systems were reviewed and approved, it proceeded through construction. I'm not sure the phasing, what they're talking about -- understand a phase permit in this case may be just steel and a shell and a building and -- with no landscaping, architectural embellishments or anything -- CHAIRMAN FIALA: Seats or anything. MR. SCHMITT: -- like that until the building is final. So I'm not sure what you're -- what we're talking about in a phased permit. COMMISSIONER HALAS: No. What are we talking about as far as impact fees? When are those addressed? MR. SCHMITT: Well, the question here was that the impact fees would be issued at the final phase. It's still the issuing of a building permit. It's just being issued in phases. As they build, they come in and apply, and they're issued a second phase, a third phase Page 99 May 12, 2009 and so forth. I'm not -- depending on how they phase it. But they are -- it is a legal issuing of a building permit. They're just asking to defer the impact fees, what I understand, until the final phase before they -- prior to occupancy. COMMISSIONER HALAS: And do we normally do this? MR. SCHMITT: I don't know. That's -- oh, do we normally? We've never, that I'm aware of, have ever deferred impact fees. Normally impact fees are paid upon the issuing of the initial building permit. COMMISSIONER HALAS: As you go up in phases? MR. SCHMITT: You pay the total impact fees at building permit, issuing of building permit. COMMISSIONER HALAS: Okay. MR. SCHMITT: Whatever the final design of the building will be. And then, for the record, maybe if we could just put on the record what the phasing plan is or at least so we understand what we're asking, because this is the first -- I know Randy and I talked on the phone last week about the potential for this, but I was not aware that you were coming today on the -- for the meeting, so -- MR. MALLORY: It was similar to when the county allowed us to put in the footers. MR. SCHMITT: Yes. MR. MALLORY: And the slab. It's basically that. It's-- because back then, ten months ago, we wanted to beat the rainy season then, too, so the footers and everything weren't -- weren't filled in. MR. SCHMITT: Normally-- MR. MALLORY: It's basically that. The building would be totally inhabitable, and Randy Johns, Phoenix Construction, could tell how far we really want to go on this. MR. SCHMITT: Normally that type of permit is an early work authorization, which is a little bit different. You're -- we really don't issue the final permit. We just allow you to proceed to your first Page 100 May 12, 2009 phase of construction, which is a little bit different process. A phase permit is the issuing of a final building permit, but it's issued in phases. Just-- CHAIRMAN FIALA: So in other words, a phased permit you would pay impact fees on, but an early work permit you do not; is that what you're saying? MR. SCHMITT: Normally an early work authorization is a -- we -- through the building director, they're allowed to proceed through the first point of inspection, which is normally the footers. If we're going to go beyond the first point of inspection, then it is a phased permit, and that has to be approved by both the building director and the fire code official of the county. So it's an application that Phoenix would come in, or their contractor -- I'm assuming it's going to be Phoenix -- would come in and request through the building director and the fire official for approval of a phased construction proj ect. Now, that -- that is separate and distinct from the impact fee issue. The impact fee issue is, again, normally paid. When you issue a building permit, you issue -- you pay the impact fees. So what they're asking here is not to pay the impact fees until -- I'm assuming until prior to either the last phase or prior to occupancy, and that's your decision. I mean, that's -- that's -- I would have to turn to the county attorney -- MR. KLATZKOW: You have a building off of Davis Boulevard that's just basically the steel beams that they put up there. MR. SCHMITT: That's correct. MR. KLATZKOW: My understanding is that's basically what you're looking at, that sort of thing. MR. SCHMITT: Right, but that building on -- David Benderson is building the building. MR. KLATZKOW: No, I understand. MR. SCHMITT: They paid all the impact fees for that. MR. KLATZKOW: No, I understand that. But the unfortunate Page 101 May 12, 2009 reality is that the world changed, and our ordinance just doesn't contemplate this, this present economy that we're in. It's silent on this. If all he's doing is putting up a building that's going to look like what's on Davis off of 951, nobody's going to be in there, and it will have no impact. And when the church moves forward to complete that building, at that point in time, that next permit, he should pay impact fees. But, you know, this is a very unique situation. I've, you know -- I would limit it just to this particular application of it, but I don't have an issue. There's no impact on this. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Well, I'm not sure. There are health, safety, and welfare issues involved in a construction site, and having a construction site partially completed for extended periods of time, I think, creates some liability. I don't want to make things any harder on you than they already are, but I'd like to have some comfort in knowing that we're not going to be sitting here three years, four years from now with a bunch of steel beams sticking up out of the -- out of the ground and we don't have a structure and we don't have any hope with having a -- finishing a structure. Who's going to pay to tear it all down if ultimately this project collapses? We have no idea what's going to happen in this economy. And if you can't pay the impact fees now, can you pay them at the second phase? I don't know. You have money problems and you're doing the best you can, but I think we have obligations, too, and I'm not sure where this is going to lead us. MR. MALLORY: We have an ongoing stewardship campaign. The people have watched that steel sit there for one year. They really want to see something happening as they give their funds. This company that came forward that said they would erect this Page 102 May 12, 2009 steel; no upfront costs. The impact fees, we think, are going to be about three-quarters of a million dollars. The stewardship campaign is going to address that. Everybody's aware of it. Our board is aware of it. But people are not visionary. I can walk on that pad and see the choir singing. Most people, they just see steel on the ground. And we just need help to move forward. We've been cooperating with the -- with Bill Klohn, MDG, the county, to get that workforce housing, and it -- we're all, of course, disappointed. But we're in a dire situation right now. We need to move forward. We need to show our congregation something, and we're not going to come back and ask for deferral of impact fees or anything. We're a church. We're going to go ahead. But we really need -- we really need to see this happen. COMMISSIONER COYLE: Do you have the capability to raise $750,000 in a year or two years? MR. MALLORY: Yes. We have a commitment from a bond company based on certain criteria, which they've already done an assessment that they will issue some bonds to take care of the actual building costs and the debt owed, and they want to see the commitments from the congregation. And we believe those commitments will be there. COMMISSIONER COYLE: Okay. Thank you very much. And good luck to you. MR. MALLORY: Thank you. CHAIRMAN FIALA: I had a question also. Are you just putting up the steel beams or -- but you were talking about them rusting, so are you going to be putting some kind of a covering and roof over those steel beams? MR. JOHNS: I'm Randy Johns with Phoenix Associates. What we applied for on the phased permit was the erection of the steel and the exterior block walls so that we could tie it all together and make Page 103 May 12, 2009 this building so that we could lock it up and close it, so it would -- wouldn't be a problem for the safety or the welfare of the people. The way it is right now, we've got, you know, 400-some-thousand dollars worth of steel laying out there on the ground that's going bad. We've got a steel slab -- or a concrete slab poured with all the steel sticking up. That's just from the weather deteriorating. And it's going to cost the pastor a lot more in the future if we don't do something for him now to try to cover this thing up so we don't lose what he's got. CHAIRMAN FIALA: So actually you're going to be putting in walls and -- MR. JOHNS: Just the exterior walls. CHAIRMAN FIALA: -- roof and windows and doors? MR. JOHNS: Yes, ma'am, and that's it. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER HENNING: I think we've probably pretty much exhausted this item. But I can tell you, judging by the past and money that's come into this church that was questionable and how they returned it put them in a very disadvantaged situation going forward. They have exhibited strong ethic behavior, you know, for church, for a business, for individuals. And if they say they're not going to be coming back here to ask for impact fee forgiveness, which we'd never grant anyway, I believe them. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: What's the -- Reverend, what's the size of your congregation? MR. MALLORY: Right now we have about 500 people that meet on a Sunday. COMMISSIONER HALAS: Five hundred people. MR. MALLORY: Our chapel -- our chapel seats 300 people and we have two services. We also have a Spanish congregation of 110 Page 104 May 12, 2009 that meets in a lobby building, and we have a Creole congregation that runs about 35 people. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: So County Attorney, what do we do on this? MR. KLATZKOW: It's your discretion. I'm telling you -- what I'm saying is that there's no bar for you to do this. There's no requirement for you to do this either. It's completely your discretion. Commissioner Coyle raised some interesting points. But, you know, there were other interesting points raised also. It's policy. CHAIRMAN FIALA: We don't have to go out to the public though or advertise this? MR. KLATZKOW: No. There's nobody affected other than the reverend here. It's just him. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: You got two that agree with the pastor. We don't know what the others want to do. CHAIRMAN FIALA: Okay. Two of you guys say to move forward. COMMISSIONER HENNING: Right. COMMISSIONER COLETTA: Well, you want to do it in the form of a motion so that we -- CHAIRMAN FIALA: Well, if we don't need, you know-- COMMISSIONER COLETTA: Okay, that's fine. CHAIRMAN FIALA: Let's just see. How about -- what are you saying? What are you nodding about, Commissioner Coyle? COMMISSIONER COYLE: Let's give him a chance. CHAIRMAN FIALA: Okay, that's three. COMMISSIONER HALAS: You've got the vote, three. CHAIRMAN FIALA: Okay. There you go. MS. FILSON: So how many was it, three or four? CHAIRMAN FIALA: You need four? Page 105 May 12, 2009 MS. FILSON: No. I'm asking so I can make a note. CHAIRMAN FIALA: Three already said. The other two did not. MS. FILSON: Okay. CHAIRMAN FIALA: You only needed three, so that was where we stopped. MR. MALLORY: Thank you. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS : Commissioner, that takes us to Item 15, staff and commission general communications. I have nothing today, ma'am. CHAIRMAN FIALA: Okay. How about you, County Attorney? MR. KLATZKOW: I had nothing, but what I will say, it would be my recommendation that a type of public comment that we saw today is really best served in the form of an -- earlier in the meeting where they come forward on public petition so that we know what's going on, and staff and I can get together and give the board some background prior to being presented. That's my only comment. CHAIRMAN FIALA: Yeah. I felt the same way. I wished something this big we would have a known about so we could at least prepare, yeah. So -- okay. Any comments from our commissioners? Commissioner Coyle, we'll start with you. COMMISSIONER COYLE: Okay. I'd like to discuss with you a problem that I see, but I don't have a solution. So all I would ask is the board's indulgence to have the staff take a look at it. Page 106 May 12, 2009 The number of proclamations we're getting and the purpose of the proclamations, I think, is eroding the significance of proclamations. I mean, to the extent now we can't even take the time to read them all. There was a time when proclamations were restricted for certain things like significant and outstanding service for the health, safety, and welfare of the community. And it seems to have evolved into an opportunity for people to generate some publicity for all sorts of causes. And I'm not going to criticize the causes because to them they're important causes. But I believe that proclamations by the Board of County Commissioners should be really important things, and they deserve recognition and they deserve the opportunity to be read here. And I'm just wondering if the staff can come up with any guidelines that will restore meaning to the Collier County proclamations. I'm afraid we've just devalued the entire process over the past couple of years. CHAIRMAN FIALA: You know, I notice that a couple times in our consent agenda there were some proclamations which we never read, never handed out, but somehow I guess they were sent to them. That might be a way to consider it as staff takes a look at this. MR. OCHS: Yes, ma'am. Those are for people that have notified us in advance that they're not going to be able to attend and accept a proclamation, so in those cases we typically put them on consent and mail the proclamation to them. CHAIRMAN FIALA: Go ahead. COMMISSIONER COLETTA: Yeah. To be honest with you, I take a slightly different view. It's one of the few times the public gets to interact with us. And this recognition, while we might not think it's of the most worthy nature, to them it's important. And I know there's a lot of them, but I think that we -- we have to be realistic about it. I kind of regret the fact that we're not reading Page 107 May 12, 2009 them, but there doesn't seem to be any public outcry with that. The fact that they get the proclamation, they're being recognized, they get to speak, that means a lot to them. I'm not too excited about trimming back on that, to be honest with you, and I hate to put staff in the position of trying to make a decision who's worthy and who isn't. CHAIRMAN FIALA: Any other comments from commissioners? Commissioner Halas? COMMISSIONER HALAS: Why don't we just continue at what we're doing. If you've got a proclamation, you get a proclamation, and we just don't read it. We just hand it to the person who's got the proclamation, and they can say a few words and be done with it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Paula doesn't have anything to do. She enjoys doing those proclamations. CHAIRMAN FIALA: Good, good. Okay. We're now -- it looks like we will continue on with our -- we've trimmed back really as far as the time allotted, so thank you for your suggestion anyway, Commissioner Coyle. Any other comments? Commissioner Halas? COMMISSIONER HALAS: I make a motion to adjourn. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Well, I still have to ask my other commissioners if they have any comments. COMMISSIONER HALAS: Oh, well, I thought you were looking for a hint. CHAIRMAN FIALA: I've got the motion and the and second. Commissioner Coletta? COMMISSIONER COLETTA: Well, if the motion fails, I want you to know I'm going to bring up a substitute motion. CHAIRMAN FIALA: That's your only comment? Page 108 May 12, 2009 COMMISSIONER COLETTA: That's my only comment. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yes. It's exciting to me to announce that we extended our family last week. We're a proud owner of a dog, thanks to -- the reason why I bring this up is Domestic Animal Service, boy, what a great experience for our family. I mean, they were so kind and courteous, very knowledgeable. Nan Gerhardt is a 20-year employee of Collier County and does an outstanding job out there. And another thing they did, they wanted to make sure our home was safe for the pet. CHAIRMAN FIALA: Oh. COMMISSIONER COLETTA: Yeah, I mean actually-- CHAIRMAN FIALA: That's so nice. COMMISSIONER HENNING: I mean, it's a great service that we have for Collier County. So anyways -- and another thing I want to say, one of the -- well, the Radio Road MSTU Advisory Board approached me about a month ago, maybe more, about expanding their boundaries to complete Radio Road from it's two terminuses. I met with some residents, the ones who went to a public meeting. There seems to be some -- a lot of interest in it, and at this point I need permission from the Board of Commissioners to work with staff to bring a potential ordinance change. CHAIRMAN FIALA: Sounds good to me. Looks like I've got some nods going on over here. Move forward. COMMISSIONER HENNING: And just one question. At our last meeting in April, we talked about professional contracts, and I guess it's my understanding you're going to come back in June and tell us the process the staff has been using to capture local companies in that process? MR.OCHS: Yes, sir. I believe we sent the board a memo, but we can come back and report on that at a board meeting if you'd Page 109 May 12, 2009 prefer. COMMISSIONER HENNING: Oh, you sent a memo? MR. OCHS: I believe Ms. Price did -- COMMISSIONER HENNING: Yeah, I-- MR. OCHS: -- to the commission that -- to talk about how we evaluated and factored in local vendors in our competitive negotiating COMMISSIONER HENNING: Can you resend it to me and -- MS. PRICE: I'll resend that memo to you. COMMISSIONER HENNING: Thank you. MS. PRICE: We are planning on bringing to the board our progress report on the local vendor preference, so we'll discuss all those things as well. I will forward you that memo. COMMISSIONER HENNING: Thank you. MR.OCHS: I'm sorry, sir, if you didn't get that. COMMISSIONER HENNING: No. It could have been on my part or our part. That's all. CHAIRMAN FIALA: Okay. And lastly, I just want to invite everybody to come to the ribbon cutting grand opening for the library in East Naples. It's this Friday, 10 o'clock, and we'd love to have you there and celebrate something great that's happening for that whole surrounding community. And with that, we have a -- COMMISSIONER COYLE: But there are no books there, right? CHAIRMAN FIALA: Well, there's a few. I brought in my books from home. COMMISSIONER COYLE: Did you? COMMISSIONER HALAS: Is there staff people there? CHAIRMAN FIALA: Not yet. With that, I have a motion on the floor and a second to adjourn. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 110 May 12, 2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: At 12:21. ****Commissioner Halas moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16Al EASEMENT USE AGREEMENT FOR THE EXISTING DRAINAGE EASEMENT AT 158 SAN RAFAEL LANE- ALLOWING THE PROPERTY OWNER CONTINUED USE OF THE ENCROACHMENT INTO A DRAINAGE EASEMENT OF AN EXISTING POOL. DECK AND SCREEN ENCLOSURE Item #16A2 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR WATERSIDE SHOPS- W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Item #16A3 RESCINDING THE AWARD OF CONTRACT ITB #08-5075, COLLECTION AGENCY SERVICE FOR COLLIER COUNTY TO UNITED ADJUSTMENT CORPORATION FOR FAILURE TO COMPL Y WITH BID REQUIREMENTS - FOR NOT PROVIDING Page 111 May 12, 2009 A BOND IN THE REQUIRED AMOUNT Item #16A4 PROPOSED SETTLEMENT AGREEMENT PROVIDING RELEASE AND SATISFACTION OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V. HALDEMAN CREEK ENTERPRISE, LLC, CEB NO. 2003-023, RELATING TO PROPERTY LOCATED AT 2891 BA YVIEW DRIVE, COLLIER COUNTY, FLORIDA - FOR AN ALTERATION, ENLARGEMENT AND ADDITION TO A DECK AREA WITHOUT RECEIVING THE PROPER PERMITS OR A CERTIFICATE OF OCCUPANCY Item #16Bl EASEMENT AGREEMENT FOR A TEN FOOT (10) SLOPE EASEMENT WHICH IS REQUIRED FOR THE COLLIER BOULEVARD PROJECT. PROJECT NO. 68056, PARCEL NO. 172 (FISCAL IMPACT: $2,335.00) - FOR THE CONSTRUCTION OF A STORMW A TER DETENTION AREA ALONG THE EAST SIDE OF THE CANAL Item #16B2 RESOLUTION 2009-118: THE PURCHASE OF FEE SIMPLE INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE INTERCHANGE IMPROVEMENTS AND ADDITIONAL TRAFFIC LANES ON IMMOKALEE ROAD TO SUPPORT THE INTERCHANGE AT I-75. (CAPITAL IMPROVEMENT ELEMENT NOS. 42.2 AND 43.1, PROJECT NO. 60171). ESTIMATED FISCAL IMPACT FOR RIGHT OF WAY Page 112 May 12, 2009 ACQUISITION: $250,000 - IN ORDER TO MEET THE JUNE 15, 2009 DEADLINE Item #16B3 THE CONVEYANCE OF COUNTY LAND (PARCELS #132FEE AND #132FEE2) AND MAINTENANCE OF A NOISE ATTENUATION WALL FOR THE SANTA BARBARA BOULEVARD EXTENSION PROJECT. (PROJECT NO. 60091.) ESTIMATED FISCAL IMPACT: $100.00 - FALLING WATERS MASTER ASSOCIATION TO MAINTAIN THE WALL Item #16B4 BUDGET AMENDMENT RECOGNIZING REVENUE FOR THE COUNTYWIDE PATHWAYS PROGRAM, TIS REVIEW, PUD MONITORING/TRAFFIC COUNTS PIL, AND PUD MONITORING/FAIR SHARE PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $234,959.77 - FUNDS COLLECTED AS PAYMENT-IN-LIEU, PROJECT REVIEW FEES AND FAIR SHARE PAYMENTS FROM THE APPLICATION AND MONITORING PROCESS Item #16B5 AWARDING RFP #08-5130 FOR DESIGN AND RELATED SERVICES TO CME ASSOCIATES, INC., FOR THE DEVELOPMENT OF ACCELERATED BRIDGE CONSTRUCTION STANDARDS AND PILOT BRIDGE CONSTRUCTION (WHITE BOULEVARD BRIDGE AND 23RD STREET SOUTHWEST), IN THE AMOUNT OF $395,012. Page 113 May 12, 2009 PROJECT #66066 - TO REDUCE CONSTRUCTION TIME, TRAFFIC AND ENVIRONMENTAL IMPACT, IMPROVE WORKER AND VEHICLE SAFETY AND ENHANCING THE QUALITY OF THE CONSTRUCTED BRIDGE BY MINIMIZING FUTURE REPAIRS Item #16B6 RECOGNIZING FY 2008/2009 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE IN THE AMOUNT OF $242,405.00 TO COLLIER AREA TRANSIT FUND (426) AND THE NECESSARY BUDGET AMENDMENTS - TO OFFSET OPERATIONS OF THE IMMOKALEE CIRCULATOR Item #16B7 RESOLUTION 2009-119: A JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY AT THE GOVERNMENT CENTER, IN AN ESTIMATED AMOUNT OF $1,300,000 (50% MATCH), ALLOCATED OVER THREE FISCAL CYCLES - FUNDS AWARDED AND REIMBURSED OVER FY 2008/2009, 2009/2010 AND 2010/2011 Item #16B8 SUBMITTING A SECTION 319 NONPOINT SOURCE MANAGEMENT PROGRAM GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL Page 114 May 12, 2009 PROTECTION (FDEP) IN THE AMOUNT OF $721,737 TO CONSTRUCT THE GRIFFIN ROAD STORMW A TER IMPROVEMENT PROJECT - LOCATED ON THE ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE PROPERTY Item #16B9 RESOLUTION 2009-120: THE SUBMISSION OF THE TRANSPORTATION DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, IN THE AMOUNT OF $571,781. (CTD)- FUNDS COVER A PORTION OF THE OPERATING COSTS AND MUST BE APPLIED FOR EACH YEAR AND THE AMOUNT, $571,781.00 IS A PRELIMINARY NUMBER AND IS SUBJECT TO CHANGE (AMOUNT IS $635,069 PER AGENDA CHANGE SHEET) Item #16Cl AMENDMENT A02 TO THE EXISTING AGREEMENT NO. ML070554 BETWEEN COLLIER COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER QUALITY MONITORING WORK THAT WILL MODIFY THE SCOPE OF WORK TO INCLUDE NEWLY APPROVED FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION QUALITY CONTROL CRITERIA - DUE TO THE RULE BEING UPDATED ON DECEMBER 3.2008 Item # 16C2 Page 115 May 12, 2009 SELECTION OF ASHBRITT ENVIRONMENTAL INC. (CONTRACT 05-3661) AND SOLID RESOURCES, INC. (CONTRACT 05-3831) AS THE INITIAL DEBRIS REMOVAL AND MONITORING CONTRACTORS IN OPERATIONAL READINESS FOR THE UPCOMING 2009 HURRICANE SEASON Item #16C3 A DEED OF CONSERVATION EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE MANATEE ROAD 6 MILLION GALLON (MG) ABOVE GROUND WATER STORAGE TANK AT A SITE LOCATED AT 1300 MANATEE ROAD IN COLLIER COUNTY, FLORIDA AND AT A COST NOT TO EXCEED $61.00, PROJECT NO. 70157- REQUIRED TO OFFSET WETLANDS IMPACTED BY THE CONSTRUCTION IN ORDER TO COMPLY WITH PERMIT APPLICATION NUMBER 041109-15 Item #16C4 A UTILITY EASEMENT AND A RIGHT OF ENTRY REQUIRED FOR THE REPLACEMENT AND REHABILITATION OF THE WATER DISTRIBUTION SYSTEM SERVING THE WEST WIND ESTATES CONDOMINIUM AT AN ESTIMATED COST NOT TO EXCEED $37.00, PROJECT NUMBER 71010 - IN ORDER TO MEET CURRENT DISTRICT UTILITY STANDARDS Item #16D1 AN INTERLOCAL AGREEMENT FOR COLLIER COUNTY SHERIFF'S OFFICE (CCSO) TO TAKE COASTAL ZONE MANAGEMENT (CZM) STAFF OUT TO ARTIFICIAL REEF Page 116 May 12, 2009 SITES TO CONDUCT MONITORING OF ARTIFICIAL REEF SITES IN EXCHANGE FOR ONE (1) PERMANENT VESSEL SLIP AT GOODLAND PARK Item #16D2 FOUR (4) OWNER OCCUPIED LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY - DEFERING $57,403.70 IN IMPACT FEES FOR LOTS #53, #54, #56 AND #113 IN THE LIBERTY LANDING SUBDIVISION Item #16D3 A SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY09, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY09 Item #16D4 THE HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) AMENDMENT TO THE 2008-09 HUD ONE YEAR ACTION PLAN AND FOR THE CHAIRMAN TO SIGN THE NECESSARY CERTIFICATIONS AND DOCUMENTS FOR SUBMISSION TO HOUSING AND URBAN DEVELOPMENT (HUD) BY MAY 18, 2009 - TO DETERMINE THE AGENCIES THAT WILL BE UTILIZIED TO HELP PROVIDE HPRP ASSISTANCE Page 11 7 May 12, 2009 Item #16D5 THE CONCEPTUAL PLAN FOR REPLACEMENT OF THE V ANDERBIL T BEACH RESTROOMS AND TO PROCEED WITH DESIGN AND PERMITTING - SIGNIFICANT PUBLIC SUPPORT AND APPROVAL WAS VOICED AT A FEBRUARY 17, 2009 PUBLIC MEETING (PROJECT CURRENTLY BUDGETED AT $1.070.800.00) Item #16D6 AFTER-THE-FACT SUBMITTAL OF THE ATTACHED COASTAL AND MARINE HABITAT RESTORATION, THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) GRANT APPLICATION TO THE US DEPARTMENT OF COMMERCE/NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA) FOR MARINE DEBRIS REMOVAL ON NATURAL AND ARTIFICIAL REEFS, BRIDGES AND PASSES THROUGHOUT THE COUNTY IN THE AMOUNT OF $623,355 - FOR THE PARTIAL FUNDING OF 28 CONTRACTUAL POSITIONS FOR ONE YEAR Item #16El AFTER-THE-FACT SUBMITTAL OF THE SOUTH FLORIDA COASTAL ECOSYSTEM PROGRAM GRANT APPLICATION THAT WAS SUBMITTED TO THE U.S. FISH AND WILDLIFE SERVICE (USFWS) FOR $534,900 (OF WHICH $258,700 WILL BE REIMBURSABLE) TO FUND INVASIVE, EXOTIC PLANT REMOVAL WITHIN THE PEPPER RANCH PRESERVE SSA-7 Page 118 May 12, 2009 Item # 16E2 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE SECOND QUARTER OF FY 09 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E3 TERMINATING THE EXISTING CONTRACT #08-5017 FOR THE ANNUAL CONTRACT FOR COUNTY WIDE EXOTIC VEGETATION REMOVAL AND AWARD ITB #09-5225 FOR THE ANNUAL CONTRACT FOR COUNTY WIDE EXOTIC VEGETATION REMOVAL TO THE LOWEST RESPONSIVE BIDDERS BY CATEGORY, IN AN ANNUAL ESTIMATED AMOUNT OF $350,000 - AWARDED TO AQUAGENIX, DEANGELO BROTHERS AND JOHNSON'S TREE SERVICE FOR CHEMICAL REMOVAL AND TO ENVIRONMENTAL RESTORATION CONSULTANTS, LLC AND JOHNSON'S TREE SERVICE FOR MECHANICAL REMOVAL Item #16E4 AFTER-THE-FACT SUBMITTAL OF THE WATER SAVINGS INCENTIVE PROGRAM (SIP) GRANT APPLICATIONS THAT WERE SUBMITTED TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR WATER CONSERVATION PROJECTS IN THE AMOUNT OF $450,342 - FOR LOW FLOW TOILET, WATERLESS URINALS AND LAUNDRY RETROFIT PROJECTS IN PUBLIC AND GOVERNMENT FACILITIES Page 119 May 12, 2009 Item #16E5 - Moved to Item #10D (Per Agenda Change Sheet) Item # 16E6 CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD OF MARCH 25.2009 THROUGH APRIL 21.2009 Item #16E7 AWARD RFP #09-5126, ANNUAL CONTRACT FOR PURCHASING, LEASING, RENTING AND/OR CLEANING ALL COLLIER COUNTY UNIFORMS, TO VARIOUS VENDORS IN THE ESTIMATED ANNUAL AMOUNT OF $350,000- AWARDED TO UNIFIRST, CINTAS AND SCREEN PRINTING UNLIMITED Item #16Fl SUBMITTAL OF A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTER'S GRANT APPLICATION IN THE AMOUNT OF $223,000 FOR THE PURCHASE OF A PUMPER TANKER FOR THE OCHOPEE FIRE CONTROL DISTRICT AND AUTHORIZING ON-LINE SUBMITTAL OF THE APPLICATION - THE MATCHING GRANT IS SPLIT BETWEEN FEMA (95%) AND THE OCHOPEE FIRE CONTROL DISTRICT (5%) Item #16F2 RESOLUTION 2009-121: AMENDMENTS (APPROPRIATING Page 120 May 12, 2009 GRANTS, DONATIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2008-09 ADOPTED BUDGET - REVENUE RECEIVED FROM FEMA SUPPLEMENTAL GRANT, ELDER AFFAIRS GRANTS, OLDER AMERICANS ACT GRANT AND COMMUNITY CARE FOR THE ELDERLY FUNDS AND HOME CARE FOR THE ELDERLY PROGRAM Item # 16F3 VOLUNTEER FIRE ASSISTANCE GRANT AWARDED TO OCHOPEE FIRE CONTROL DISTRICT IN THE AMOUNT OF $11.716 FOR REFURBISHING TWO 6X6 FIVE TON VEHICLES Item #16F4 BUDGET AMENDMENTS - TO CONTINUE CONSTRUCTION OF THE FREEDOM MEMORIAL (BA#09-282) AND FOR ROCK CORE TESTING WITHIN THE HALDEMAN CREEK MSTU Item #16F5 FIRST QUARTER CALENDAR YEAR 2009 REPORT ON TOURISM ACTIVITIES ON BEHALF OF COLLIER COUNTY BY THE TOURISM DEPARTMENT AND THE NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU - RESULTS ARE FOR JANUARY THROUGH MARCH 2009 Item #16Hl COMMISSIONER HALAS' REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC Page 121 May 12, 2009 PURPOSE. HE ATTENDED THE DEDICATION OF THE KOKOMIS HISTORIC KEEW A YDIN BOAT ON FRIDAY, APRIL 17, 2009, AT THE COLLIER COUNTY MUSEUM IN NAPLES, FLORIDA. $15.00 PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - LOCATED ON THE COLLIER COUNTY GOVERNMENT COMPLEX Item #16H2 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A FIDDLER'S CREEK LUNCHEON ON APRIL 17,2009 AT THE CLUB & SPA AT FIDDLER'S CREEK IN NAPLES, FL. $17 .98 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE 7TH ANNUAL PARADISE COAST TOURISM STAR AWARDS LUNCHEON ON MAY 13, 2009 AT FLEMING'S PRIME STEAKHOUSE & WINE BAR IN NAPLES, FL. $35.00 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 8985 TAMIAMI TRAIL NORTH Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE COLLIER COUNTY ARTS Page 122 May 12, 2009 FORUM LUNCHEON ON APRIL 24,2009 AT HAMILTON HARBOR IN NAPLES, FL. $14.00 PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 7065 HAMIL TON AVENUE Item #16H5 COMMISSIONER COLETTA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE ATTENDED THE ECONOMIC DEVELOPMENT COUNCIL (EDC) PROJECT INNOVATION LUNCHEON MEETING ON WEDNESDAY, APRIL 15,2009, AT THE EDC OFFICES IN NAPLES, FLORIDA. $7 .50 PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD IN THE EDC BOARDROOM AT 3050 HORSESHOE DRIVE N, SUITE 120 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 123 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 12, 2009 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of March 2, 2009. 2) Animal Services Advisory Board: Minutes of February 17, 2009. 3) Collier County Clam Bay Advisory Committee: Minutes of January 20,2009; February 19, 2009. a) Clam Bay Navigational Marker Subcommittee: Minutes of February 6,2009. b) Clam Bav Maintenance Dredging and Sand Bvpassing Subcommittee: Minutes of March 9, 2009. c) Clam Bay Water Qualitv. Mixing and Runoff Subcommittee: March 9, 2009. 4) Collier County Coastal Advisory Committee: Minutes of January 8, 2009; March 12,2009. 5) Collier County Planning Commission: Agenda of April 2, 2009. Minutes of February 19, 2009; February 20,2009 Special Session; February 26, 2009 Special Session; March 2, 2009 Special Session; March 5, 2009. 6) Development Services Advisory Committee: Minutes of March 4, 2009. 7) Environmental Advisory Council: Minutes of January 29,2009; February 5,2009; February 27,2009; March 4, 2009. 8) Golden Gate Beautification Advisory Committee: Agenda of March 10,2009. Minutes of January 6, 2009. 9) Golden Gate Estates Land Trust Committee: Agenda of January 26, 2009; February 3,2009 Special Meeting. Minutes of January 26,2009; February 3,2009 Special Meeting. 10) Hispanic Affairs Advisory Board: Minutes of FebruarY)26, 2009. // 11) Pelican Bay Services Division Board: Minutes of February 4, 2009; February 23, 2009 Special Session; March 4, 2009. a) Budget Committee: Minutes of January 26,2009; February 23, 2009. b) Management Review Committee: Minutes of January 26,2009; February 12,2009. 12) Rural Lands Stewardship Area Review Committee: Minutes of March 12, 2009. 13) Vanderbilt Beach Beautification MSTU Advisory Committee: Agenda of February 5,2009; March 5, 2009; March 9, 2009. Minutes of February 5,2009. May 12, 2009 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF APRIL 18,2009 THROUGH APRIL 24, 2009 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF APRIL 25, 2009 THROUGH MAY 01,2009 AND SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J3 THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009) AND DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT, THE SHERIFF'S OFFICE STAFF AS GRANT PROGRAM AND FINANCIAL MANAGERS OF SHERIFF'S OFFICE APPLICATIONS, AND EXECUTE THE CERTIFICATE OF PARTICIPATION - TO SUPPORT PAYROLL COSTS FOR TWO INVESTIGATOR POSITIONS. TRAINING AND COMPUTER EQUIPMENT Item #16K1 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $157,000 FOR PARCEL 109 IN THE LAWSUIT STYLED COLLIER COUNTY V. REGIONS BANK, ET AL., CASE NO. 07- Page 124 May 12, 2009 3641-CA (COLLIER BOULEVARD PROJECT #60001) (FISCAL IMPACT $9,800) - FOR ROAD RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT (PARCELS 109 AND 709) Item #16K2 A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST GABRIEL LEYVA, INDIVIDUALLY AND AS AGENT FOR COMPASS AUTO TRANSPORT, INC. AND COMPASS AUTO TRANSPORT, INC., IN COUNTY COURT, SMALL CLAIMS DIVISION IN AND FOR COLLIER COUNTY, FLORIDA TO RECOVER DAMAGES IN THE AMOUNT OF $3,058.84, PLUS COSTS OF THE ACTION - DUE TO A TRAFFIC ACCIDENT ON MAY 23,2007 THAT RESULTED IN DAMAGE TO A GUARDRAIL AT THE INTERSECTION OF SR 29 AND FARM WORKERS WAY Item #16K3 ADVERTISING FIVE ORDINANCES FOR THE SOLE PURPOSE OF RELOCATING THE ADVISORY BOARD ORDINANCES RELATING TO THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS, THE ENVIRONMENTAL ADVISORY COUNCIL, AND THE HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD, FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE TO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND TO WAIVE THE REQUIREMENT, IF ANY, TO IMPLEMENT THIS RELOCATION THROUGH A SPECIAL LDC CYCLE - AS DETAILED IN THE EXECUTIVE SUMMARY Page 125 May 12, 2009 Item#17A RESOLUTION 2009-122: SNR-2008-AR-14115, A STREET NAME CHANGE FROM CHIASSO BEND COURT TO VADALA BEND COURT. SUBJECT PROPERTY IS LOCATED IN FIDDLERS CREEK PHASE 4, UNIT 2, SECTIONS 11 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17B ORDINANCE 2009-22: DECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE PLANNED UNIT DEVELOPMENT (PUD) TIME LIMITS AND TIME LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) Item #17C THIS ITEM CONTINUED TO THE JUNE 23. 2009 BCC MEETING. AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AS ADOPTED BY ORDINANCE NUMBER 02-49, AS AMENDED, THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE, BY AMENDING CHAPTER 58, "FIRE PREVENTION AND PROTECTION," ARTICLE II, "FIRE SAFETY STANDARDS", BY AMENDING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODES PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA); Page 126 May 12, 2009 AMENDING SECTION 58-27, PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALLY NFP AI, 2006 EDITION; AMENDING SECTION 58-28, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFPA 101,2006 EDITION; PROVIDING FOR THE INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:21 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~d~ DONNA" IALA, Chairman t;:: ~~ 'to. t ,., ~ ."- ''',,'''''.. .A TTEST.: -,~ ~Bf~gt~ These minutes aJWroved by the Board on to / 9/ tH1 , as presented V or as corrected Page 127