Loading...
BCC Minutes 10/27/2009 R October 27, 2009 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 27,2009 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: Leo Ochs, County Manager Michael Sheffield, Assistant 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) "01."" III,.. ',. ~:-~ (II' ."" )/ '" \ AGENDA October 27, 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 AGENDA ITEMS 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." Page 1 October 27, 2009 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. September 24, 2009 - BCC/Budget Hearing C. September 29, 2009 - BCC/Regular Meeting D. October 9,2009 - Value Adjustment Board Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS Page 2 October 27, 2009 A. Proclamation designating November 9, 2009 as World Orphans Day 2009. To be accepted by Tom Scott, President/COO, Sky Angel U.S. LLC, and Karole Davis, Director - Public Relations, Sky Angel U.S. LLC. B. Proclamation congratulating Collier County Solid Waste Management Department for the receipt of the 2009 Special Waste Gold Excellence Award. To be accepted by Dan Rodriguez, Solid Waste Management Director and Danette Huff, Recycling Coordinator. C. Proclamation designating November 9 - 13, 2009 as Accounts Payable Week. To be accepted by Connie Murray, General Operations Manager, Clerks Finance Department. D. Proclamation designating November 9, 2009 as Collier County Foreclosure Task Force Workshop Day. To be accepted by Jeff Ahren and Kathleen Passidomo. 5. PRESENTATIONS A. Presentation of a check to the Board of County Commissioners for the unused fees distribution. Presented by Larry Ray, Collier County Tax Collector. 6. PUBLIC PETITIONS A. Public petition request by Marcia Breithaupt to discuss Domestic Animal Services Mission Statement. B. Public petition request by Maggie McGall to discuss establishment of a canine beach in Naples. C. Public petition request by James Guerrero to discuss outstanding invoices for SHIP 09-025R and DRl-05-l13, Bowersox Project. D. Public petition request by Randy Johns to discuss a request by Swamp Buggy, Inc., for exemption from the current Noise Ordinance. Page 3 October 27, 2009 Item 7 and 8 to be heard no sooner than 1 :00 n.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item is beinl! re-scheduled to the November 10.2009 BCC meetiol!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: CU-2008-AR-13245 Collier County through its Solid Waste Management Department, represented by David Deans ofPBS & J, is requesting Conditional Uses within the Rural Agricultural Zoning District within the North Belle Meade Overlay and Rural Fringe Mixed Use District (RFMU) Overlay for Sending Areas to allow 1) a Collection and Transfer Site for Resource Recovery, pursuant to Collier County Land Development Code (LDC) Section 2.03.0l.A.l.c.12; and 2) Public Facilities, including Solid Waste and Resource Recovery Facility and Public Vehicle and Equipment Storage and Repair Facilities pursuant to LDC Section 2.03.08.AA.a.(3)(b) of the RFMU District for a project to be known as the Resource Recovery Park. The subject property, consisting of approximately 344 acres, is located approximately 1.5 miles east of Collier Boulevard and 1 mile north of White Lake Boulevard, in Section 25, Township 49 South, Range 26 East, Collier County, Florida.(CTS) 8. ADVERTISED PUBLIC HEARINGS 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) by providing for the incorporation by reference of the impact fee study entitled, Collier County Parks and Recreation Impact Fee Update Study, dated June 26, 2009; amending Schedule Three of Appendix A to reflect the revised rates set forth in the impact fee study and providing for an effective date of November 1, 2009 for the Regional Parks Impact Fee rates and a delayed effective date of February 1, 2010 for the Community Parks Impact Fee rates in accordance with the notice period requirements of Section l63.3l80l(3)(d) Florida Statutes; the cumulative results of the rate changes being an overall decrease in Parks Impact Fees. Page 4 October 27, 2009 B. This item is beiol! re-scheduled to the November 10. 2009 BCC meetiol!. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider adoption of an ordinance establishing the City Gate Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee. B. Appointment of members to the Historical/Archaeological Preservation Board. C. Recommendation that the Board of County Commissioners approve the County Manager Employment Agreement with Leo E. Ochs, Jr., and authorize the Chairman to execute same. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners reviews the TDC Subcommittee recommendations as approved by the Tourist Development Council and provides direction to the County Manager or his designee for further action including the authorization to process all necessary budget amendments covering direction that involves the movement or use ofTDC funds. (Jack Wert, Tourism Director) B. This item to be heard immediately followiol! Item #10A. Recommendation that the Board of County Commissioners reviews and approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) and approve all necessary budget amendments. (Jack Wert, Tourism Director) C. Recommendation that the Board of County Commissioners approves the Wilson Boulevard ExtensionlBenfield Road Corridor Study (Study). Due to the size of the draft Final Report and the appendices, a copy is available at Page 5 October 27, 2009 the County Managers office for review. (Claudine Auclair, Transportation Planning) D. This item to be heard at 3:00 p.m. Recommendation and consideration to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis; and, (2) contingent upon the rezone approval, approve a transfer of 5 .11 acres, Bembridge PUD Tract "A", from the Collier County Emergency Medical Services Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost not to exceed $450,000; and, (3) approve a budget amendment to transfer funds in the amount of$4l9,734 from the Collier County Solid Waste Management Fund (474), Solid Waste Capital Projects, Project #70013, Santa Barbara Recycling Center to the EMS Fund 350. (Dan Rodriguez, Solid Waste Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 2:00 p.m. Recommendation that the Board adopts the attached standard form Lease and Ground Lease for all future leases with Not-For-Profit Entities, and to direct staff to review each of the County's Not-For-Profit Leases and, where appropriate, offer the Lessees the opportunity to convert their current lease to the standard form, subject to Board approval. B. This item to be heard immediately followiol! Item #12A. Report to the Board with respect to the Naples Zoo Lease, with a discussion on whether the Board wishes to reduce or eliminate the rent. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 6 October 27, 2009 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water utility facility for Turner Water Main. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 105 with the roadway and drainage improvements being privately maintained. 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 106 with the roadway and drainage improvements being privately maintained. 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 118, with the roadway and drainage improvements being privately maintained. 5) Request approval by the Board of County Commissioners of the change in the scheduled meetings for the 2007-2008 Growth Management Plan Amendment Cycle. 6) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 7) Recommendation to approve Proposed Settlement providing for Compromise and Release of Liens in the Code Enforcement Action entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located at 2414 58th Avenue NE, Naples, Florida. Page 7 October 27, 2009 8) Recommendation that the Board of County Commissioners approves the proposal by staff to develop and advertise for Board consideration an ordinance adopting the Florida Building Code 2007 Edition, and pursuant to the authority granted by section 553.80(3), Florida Statutes, adding certain exemptions to permitting requirements pursuant to Section 105.2 of the 2007 Florida Building Code relating to addition, alterations, or repairs performed by a property owner on his or her property, and providing for repeal of Ordinance No. 2002- Olin its entirety. 9) Recommendation that the Board of County Commissioners approves the proposal by staff to develop and advertise for Board consideration an amendment to Ordinance No. 82-3, as codified in Section 14-2 of the Collier County Code of Laws and Ordinances, to remove the prohibition against the possession, sale, importation or release (into County waters) of Tilapia. 10) Request that the Board of County Commissioners (Board) approve the waiver of the applicable time constraints and fees for a Temporary Use (TU) permit for the placement of temporary banners and on- site/off-site directional signs to announce the location of immunization centers in response to the federally declared pandemic (HlNl Virus) as a national public health emergency. B. TRANSPORTATION SERVICES 1) Recommendation to approve an Agreement for the conveyance of right-of-way and other easement parcels necessary for the construction of Oil Well Road (Fiscal Impact: $2,146). 2) Recommendation to terminate the contract awarded to Big Tree, Inc., for Bid #09-5194 Collier County Right-of-Way (ROW) and Median Mowing and Maintenance Annual Contract in the amount of $124,240.00. 3) Recommendation to approve the purchase of a fee simple road right- of-way parcel and a temporary construction easement which are Page 8 October 27, 2009 required for construction of the Collier Boulevard widening project. Project No. 68056 (Fiscal Impact: $32,250.00) 4) Recommendation to approve a Third Amendment to the October 14, 2003, Companion Agreement to the October 22, 2002, Sabal Bay Development Contribution Agreement for Road Impact Fee Credits providing for a change in land conveyance means for portions of the Lely Area Stormwater Improvement Project (Project No. 51101). 5) Recommendation to approve the payment of attorney fees and expert witness fees incurred by Dr. Gerald and Mrs. Rosemary Brown in defense of the taking of a portion of their property for the Collier Boulevard six-laning project (from Green Boulevard to Golden Gate Boulevard). Project No. 68058, Parcel Nos. l70FEE and l70TCE (Fiscal Impact: $22,879.25.) 6) Recommendation to approve a Temporary Right of Entry to construct a connecting sidewalk for a bus shelter on a .004 acre portion ofland along the existing right of way on U.S. 41 at the Waterside Shops on Pine Ridge Road. Project No. 60083 (Fiscal Impact: $0) 7) Recommendation to approve a work order in the amount of $269,010.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) under contract #06-3969 Fixed Term Professional Engineering Services utilizing the Best Value Offer (BVO #06-3969-9) for design and permitting of the Lely Area Stormwater Improvement Project (LASIP) Naples Manor Ditch and US 41 Ditch Design (Project No. 51101). 8) Recommendation to approve amendments to the Staff Services Agreement by and between the Collier Metropolitan Planning Organization (MPO) Board and the Collier County Board of County Commissioners and to authorize the chairman to sign the amended agreement. 9) Recommendation to approve the payment of attorney fees and expert witness fees incurred by Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the Collier Boulevard Page 9 October 27, 2009 six-laning project (from Green Boulevard to Golden Gate Boulevard). Project No. 68056, Parcel Nos. l6lFEE and l6lTCE (Fiscal Impact: $4,980) C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Liens for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993, 1994, 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $68.50 to record the Satisfactions of Liens. 2) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 3) Recommendation to approve Agreement No. 4600001904 with the South Florida Water Management District for the Continued Collection of Surface Water Quality Samples in Collier County in the Amount of$2l0,000. 4) Recommendation to approve an amendment to the Florida Innovative Waste Reduction and Recycling Grant Agreement IG8-09, the Collier County Seasonal and Year Round Business "How to Recycle" Videos Grant, from the Florida Department of Environmental Protection to provide portable recycling containers. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement providing for a $111,802.00 Housing and Urban Development (HUD) grant to the City of Naples for improvements to the River Park Community Center. 2) Recommendation to approve an Access Easement Agreement with Caribbean Venture of Naples, LLC extending an existing easement Page 10 October 27, 2009 over county property to construct a dual purpose public access road extending from an existing easement to the proposed county park and private development for a total revenue of $1 ,480.00. 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, twelve (12) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. 4) Recommendation to approve the FY 10 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of$1,720,100. 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement with St. Matthews House, Inc. providing for a $110,424 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to support Wolfe Apartments. 6) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SA WCC) providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to aid with their day to day operations and supportive services of SA WCC. 7) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FYlO, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FYlO. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the amended Neighborhood Stabilization Program Administrative Plan. The amended plan modifies certain policies and procedures to improve grant performance and incorporates changes enacted by the U.S. Department of Housing and Urban Development. Page 11 October 27, 2009 9) Recommendation to approve and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $100,416 in the Older Americans Act program. 10) Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of$350,000 between Collier County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women and approve the necessary budget amendment to recognize the revenue. 11) Recommendation that the Board of County Commissioners approves a Real Estate Conveyance Agreement between Collier County and the David Lawrence Mental Health Center, Inc., to convey a portion of County owned land located at 425 1st Street North, Immokalee, at no cost to the David Lawrence Center. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a contract amendment for a Disaster Recovery Initiative (DRl) Subrecipient Agreement between the Housing Development Corporation of Southwest Florida Inc. (f.k.a. Collier County Housing Development Corporation) and Collier County. This contract amendment will update the current project work schedule and add a previously approved item to the project's budget. 13) Recommendation to approve Change Order #3 to Contract #09-5114, Naples Station Museum Phase III to White General Constructors, Inc., in the amount of $129,820 to complete historical restoration and renovation of the Naples Depot Museum. 14) Recommend approval of the award ofRFP #09-5247 and agreement between Collier County and Recreation Facilities of America, Inc., for Food & Beach Concessions at Tigertail Beach. 15) Present to the Board of County Commissioners changes to grant funded, owner-occupied affordable housing programs administered by Page 12 October 27, 2009 the Housing and Human Services Department. These changes will modify program documents, expand eligibility criteria and amend program procedures. E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a contract with the Southwest Florida Workforce Development Board, Inc. to allow the reimbursement of training expenses through the Employed Worker Training Program in an amount not to exceed $54,550 and approves the necessary Budget Amendment for the Public Utilities Division. 2) Recommendation that the Board of County Commissioners approve and execute an Agreement to provide the All Kids Play Foundation of Corkscrew Community Inc., a Florida non-profit organization, a maximum expenditure of $5,000.00 from the GAC Land Trust for the reimbursement of Site Development expenses that arose during the construction of the Boundless Playground located at Big Corkscrew Elementary School and approve necessary Budget Amendment. 3) Recommendation to approve budget amendments to appropriate funds carried forward from FY 2009 for the completion of Information Technology purchases in the amount of$82,741.50. 4) Recommendation to approve a Resolution revising the Board of County Commissioners Policy for Operation of Lake Trafford Memorial Gardens, by adding a Cremation Policy for unclaimed and indigent deceased in Collier County. 5) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a Subrecipient Agreement with the Children's Museum of Naples providing American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable energy projects. Page 13 October 27, 2009 6) Recommendation to rescind the award of Bid #09-5170 "Purchase and Deliver Chemicals for Public Utilities" to Key Chemical Inc. and King Lee Chemicals Inc. due to the companies' inability to fulfill required contractual Pollution Liability Insurance requirements. F. COUNTY MANAGER 1) Approve budget amendments. 2) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting a Grant award for $105,806 for Emergency Management Program Enhancement and approve the associated budget amendment. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-2010 Adopted Budget. 4) Recommendation to approve a Memorandum of Agreement between Collier County and the Collier County Health Department to coordinate their collective efforts in providing adult and childhood HlNl immunizations, medical direction and enhancement of community emergency response capabilities. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (3248 Bayshore Drive). 2) To approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Page 14 October 27,2009 Gateway Triangle Community Redevelopment area (1695 Commercial Drive). 3) To approve and execute a Landscape Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2957 Orange Street). 4) Recommendation that the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) approve the submittal of the attached Pre-Disaster Mitigation grant application to the Federal Emergency Management Agency for a project to improve stormwater drainage along Shadowlawn Drive and Francis Avenue; to authorize the CRA Executive Director, or his designee, to electronically submit the grant application requesting an amount of $305,906.25 to the Federal Emergency Management Agency. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Council for Hispanic Business Professionals Gala Hispanos Unidos on October 24,2009 at the Naples Beach Club in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Military Officers Association Dinner on October 27, 2009 at the Royal Palm Country Club in Naples, FL. $28.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the National Society Daughters of the American Revolution Fundraiser on November 20, 2009 at the Country Club of Page 15 October 27, 2009 Naples in Naples, FL. $25.00 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 Seacrest Key Club Induction of Charter Members on October 14,2009 at Seacrest Country Day School in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Shells Club of Naples Business Meeting on November 5,2009 at the Players Club and Spa in Naples, FL. $21.00 to be paid from Commissioner Fiala'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 October 5,2009 through October 9,2009 and for submission into the official records of the board. 2) Recommendation that the Collier County Board of County Commissioners approves a budget amendment for $1,520.89 and recognizes interest earned in Supervisor of Elections Voter Education grant. 3) Pursuant to Florida Statute 3l8.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 3l8.l8(13)(a)(1) with the Board of County Commissioners. 4) To obtain board approval for disbursements for the period of October 12,2009 through October 19,2009 and for submission into the official records of the board. Page 16 October 27, 2009 5) Recommendation that the Board of County Commissioners adopts and supports the attached position paper as part of Collier County's 2010 State Legislative Priorities as requested by the Supervisor of Elections. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Expert Fees for Parcel 125 in the condemnation action styled Collier County v. Robert J. Derr, et al., Case No. 03-21 96-CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50). 2) Recommendation to approve a Stipulated Final Judgment in the amount of $10,700 for Parcel 168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project #60027). (Fiscal Impact $9,507.80) 3) Recommendation to approve a Stipulated Final Judgment in the amount of $9,545 for Parcel 172 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03-255l-CA (Golden Gate Parkway Project #60027). (Fiscal Impact $6,781.25) 4) Recommendation to approve a Stipulated Final Judgment in the amount of $98,865.00 for Parcels llOFEE/TCEl/TCE2/DE in the lawsuit styled Collier County v. Robbie 1. Rayburn, et. al., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project #60091) (Fiscal Impact $48,810.45). 5) Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for Agreed Order Taxing Attorneys Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R, and 946R in the condemnation action styled Collier County v. Chris A. Stoneburner and Joseph D. Bonness III, as Trustees of the Willow Run Land Trust, et al., Case No. 05-1036-CA, South County Regional Water Treatment Plant (SCRWTP) 20 MGD Well field Expansion Project #70892 (Fiscal Impact: $45,000). Page 17 October 27, 2009 6) Request by stafffor authorization to advertise and bring back for the Boards consideration a proposed amendment to Ordinance No. 08-47, which addresses requirements for non-consent law enforcement towing of vehicles, private property towing of vehicles, storage of vehicles and maximum chargeable fees by tow truck companies, to include provisions concerning the immobilization of vehicles (booting) on private property and to further clarify language in the ordinance. 7) Report to the Collier County Board of County Commissioners regarding the legal effect and application of Florida Statute 212.055(8) (Senate Bill No. 1000, the Emergency Fire Rescue Services and Facilities Surtax). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item was continued from the October 13. 2009 BCC meetinl!. This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl! be held on this item. all participants are reQuired to be sworn in. Recommendation to approve Petition V AC- PL2009-651 , to disclaim, renounce and vacate the County's and the Public's interest in a drainage easement over Tract C02, as designated, and according to the Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier County, Florida, situated in Section 10 & 15, Township 51 South, Range 26 Page 18 October 27, 2009 East, Collier County, Florida, and being more specifically described in Exhibit A. B. Recommendation that the Board of County Commissioners adopts an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the impact fee study entitled Collier County Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine land use category and impact fee rate and providing for a delayed effective date of February 1, 2010 in accordance with the notice period requirements of Section 163.31801 (3)( d) Florida Statutes; this action is in follow-up to the direction provided by the Board of County Commissioners on June 23, 2009. C. This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members: PE-PL2009-260: Collier County Airport Authority represented by D. Wayne Arnold ofQ. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons ofthe Marco Island Executive Airport. Subject property is located on a 1 acre tract within Section 26, Township 51 South, Range 26 East, Collier County, Florida. (CTS) D. This item was continued from the September 29. 2009 BCC meetinl!. To adopt revisions to the Land Development Code (Ordinance No. 04-41) to correct a scriveners error relating to temporary signs, to complete the recent revisions to the Collier County Sign Code (Ordinance No. 09-43) adopted by the Board of County Commissioners at a public hearing on July 28, 2009. E. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 2004-50, the Collier County Non- Residential Recycling Ordinance. 18. ADJOURN Page 19 October 27, 2009 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 20 October 27, 2009 October 27, 2009 CHAIRMAN FIALA: Good morning. Would you-all take your seats. Thank you. Gee, I ask you to take your seats, then I'm going to ask everybody to stand anyway for the invocation and the Pledge of Allegiance, but at least now you have seats from which you can stand. Thank you. Would you stand with me, please. And Leo, will you lead us in prayer. MR. OCHS: Yes, ma'am. Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask this special blessing on the Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. These things we pray in your name, amen. CHAIRMAN FIALA: And while we're still in a prayer mode, would you-all bow your heads for one more moment, please, in quiet memory of Bill Neale who died this week. He was a leader in the -- on the Bayshore community committees, and a very special man to all of us. Thank you. And now, Commissioner Halas, would you lead us in the Pledge of Allegiance. COMMISSIONER HALAS: Sure. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. Good morning, County Manager. Good. Good morning, County Attorney. MR. OCHS: Good morning, Commissioners. CHAIRMAN FIALA: County Manager? Page 2 October 27,2009 Item #2A TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, ma'am. Agenda changes, Board of County Commissioners' meeting, October 27,2009. First item is Item 8B. That is an item for -- continued to November 10, 2009, BCC meeting. It's a recommendation to consider adopting an ordinance establishing the City Gate Community Development District. Ma'am, this item is continued because we had submitted the advertisement and, unfortunately, the Naples Daily News failed to publish the article on a timely basis, so we have to readvertise and we'll be back at the next meeting. Next item is 16D8, and that should be modified in your agenda packet on Page 32 of39. Under Section G, transfer of property item should read, real property management will coordinate with the title companies and/or closing agents to assure proper closing of all transfer transactions and will deliver closing proceeds as housing and human services shall direct. That change was at staffs request. Next item is to withdraw Item 16D14. That's an item awarding a food and beach concession agreement at Tigertail Beach, and that is at staffs request. Next item is to continue Item 17B to the November 10,2009, BCC meeting. That's a recommendation to adopt an ordinance establishing a new mine land use category and impact fee rate. That continuance is at staffs request. And you have a series of time-certain items, Madam Chair, the first one being Item lOA. That item is to be heard at 10:30 a.m., and that is a recommendation for the board to consider a series of recommendations from your Tourist Development Council Page 3 October 27,2009 subcommittee. Item lOB would be heard immediately following lOA, and that is a report from your Naples/Marco Island/Everglades Convention and Visitors Bureau on their fiscal year 2010 strategic plan. Item 10D will be heard at three p.m., and that is a recommendation to consider the relocation of the Naples Recycling Center to the former Bembridge PUD located on Santa Barbara Boulevard. Again, that item will be heard at three p.m. That's at Commissioner Henning's request. And you have Item 12A to be heard at two p.m., and that is a recommendation for the board to consider adopting a standard form lease and ground leases for all future leases with not-for-profit agencies. And that will be heard -- excuse me. And that will be immediately followed by Item 12B which is a report to the board with respect to the Naples Zoo lease. Those two items were requested for time certain at Commissioner Coyle's request. Ma'am, Item lOA and lOB, I forgot to mention, were requested for time certain by both Commissioner Fiala and Commissioner Coletta. That's all the changes I have, ma'am. CHAIRMAN FIALA: Thank you. Very good. County Attorney? MR. KLATZKOW: No changes, ma'am. CHAIRMAN FIALA: Thank you. Commissioners? We'll start with Commissioner Coyle. COMMISSIONER COYLE: Madam Chair, I have no additional changes for the agenda. And with respect to ex parte disclosure, Item 17C on the summary agenda, I have reviewed only correspondence which represents the Collier County Planning Commission staff report. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. Good morning, Chair. Page 4 October 27, 2009 CHAIRMAN FIALA: Good morning. COMMISSIONER HALAS: As far as any changes on today's agenda, I have none. And as far as ex parte on the consent agenda, I have no disclosures on the consent agenda. And under 17C, I've had correspondence in regards to the parking exemptions and also read the information that was published by the Planning Commission. So thank you very much. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Good morning. CHAIRMAN FIALA: Good morning. COMMISSIONER HENNING: I have no changes -- no further changes to today's agenda, and ex parte communication on 17C, received the staffs packet to the Planning Commission. That's all. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER HENNING: Well, I also, too, received, on 17C, the staff report. I have nothing else to disclose. But I do have one thing. 16A5. It's the compressed schedule. I don't wish to pull it, but if I could, I'd like to bring Joe Schmitt up just for a moment and ask my commissioners to entertain something. As you realize, the last Planning Commission meeting, they brought up a number of changes that they were looking for for the Estates area for land development changes, and that meeting, they ran the whole thing together to try to come up with some sort of assemblance of how everything would fit together. The problem was is that the people that were there to speak could not wait, they had to work, they had to leave. There was -- I received a lot of phone calls afterwards where the public is looking to be able to interact with it. This is big. This has to do with the commercialization in two different areas of the Estates, something that's new, something that a Page 5 October 27, 2009 lot of people would like and some other people wouldn't like. And they're looking for a chance to do input. And what I'd like to do is that on January 19th -- that's when we're having the meeting -- I'd like to have that day broken up into two parts for the meeting. One part would be handling three small items that have to deal with the Estates that we could do right here in the commission chambers, and the two big ones dealing with the Wilson Boulevard/Golden Gate Boulevard shopping center and the Randall Boulevard shopping center take place in the evening out at, hopefully, Big Cypress -- we haven't confirmed a location yet -- to start at five and to go until possibly nine o'clock and break it down into two segments, a five to seven for the Wilson Boulevard PUD or changes to the Land Development Code, and then seven o'clock would be the one there for Randall Boulevard. There's a lot of people that have been calling me, a lot of people writing emails that really would like to be able to weigh in on this. This would put the meeting out there where they live so that they could interact in a big way. Mr. Schmitt, can -- I don't know if! missed anything in that. MR. SCHMITT: No, sir. I just want to correct. You actually have nine petitions. You would deal with six of them here that day, that afternoon, or the morning and afternoon. You'd have to adjourn the meeting at some time to accommodate your needs in order to meet out there at five o'clock. So it would be 3:30 probably or four o'clock, adjourn here and then reconvene at a location to be announced. I would have to know that so we can inform the petitioners so it can be advertised properly. COMMISSIONER COLETTA: Well, there's quite a bit of support for this. The Golden Gate Civic Association, at the last meeting, I brought up the thoughts about this, and there was about 50-some people in the audience, and every single one of them was very much in support of it and would like to see it done, and I received Page 6 October 27, 2009 several communications from people that belong to the homeowners associations. CHAIRMAN FIALA: Oh, Commissioner Halas and Commissioner Henning, and then Commissioner Coyle. COMMISSIONER HALAS: If they can make the meeting in the evening out there, I don't understand why they couldn't make the meeting in here. COMMISSIONER COLETTA: Well, you're right. They could, sir but-- , COMMISSIONER HALAS: And I think the logistics of having the meeting here, breaking it down and then having staff run out there and set up for a meeting out there, I think it'd better behoove us to utilize the staff in a better manner and that would be the citizens could come here. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm all in favor of what Commissioner Halas says. But if we're going to discuss this, let's put this on the regular agenda and let's do it right. So I make a motion -- Madam Chair, I request that we put 17 A5 (sic) on the regular agenda. COMMISSIONER COLETTA: 16A5. COMMISSIONER HENNING: I'm sorry, 16. What'd I say, 17? We don't even have a 17 A5. CHAIRMAN FIALA: We understand. It's early. MR. OCHS: Ma'am, 16A5 then would become 10E. CHAIRMAN FIALA: Very good. 16A5 becomes 10E. And Commissioner Coyle? COMMISSIONER COYLE: Yeah, I will second the motion, by the way, but let me also throw in something else. The regularly scheduled BCC meetings are not included in this schedule. So I'm wondering if we've got three fairly short items, why can't we include it in a regular BCC meeting as a part of that BCC meeting or on the day Page 7 October 27, 2009 that we always hold over for the second day of the BCC meeting? So I would urge us not to lock in on a specific date for this at this point in time, but we can debate that later today what we talk about it on the regular agenda. CHAIRMAN FIALA: Very good. At least we can think about it until then. COMMISSIONER COYLE: That's right, that's right. CHAIRMAN FIALA: Thank you. Thank you. Commissioner -- COMMISSIONER HALAS: This is growth management issues where we normally would have -- this hasn't anything to do with our normal BCC meetings. This is dealing with growth management issues out there. COMMISSIONER COYLE: Board of Zoning Appeals and redevelopment area board meetings don't have anything to do with the regular BCC meetings either, but we combine them with the meetings and we turn the gavel over to the appropriate chair. And so we can very easily schedule these things at the end of our BCC meetings or on the day that is reserved for carryover from our BCC meetings and get things done a lot more efficiently. CHAIRMAN FIALA: Okay. We'll talk about that under 10E then. Thank you very much. And anything else, Commissioner Coletta? COMMISSIONER COLETTA: No, thank you very much. CHAIRMAN FIALA: That was plenty, huh? COMMISSIONER COLETTA: That's enough. CHAIRMAN FIALA: Okay. And I have no changes to the agenda. As far as ex parte, nothing on the consent agenda. On the summary agenda, under 17 A, I've met with these people previously, we've discussed Silver Lakes previously, and I've had correspondence with them, and also under 17C, I've had correspondence. And that's it for me. COMMISSIONER HALAS: I motion to approve today's agenda Page 8 October 27,2009 as corrected. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Motion and a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Page 9 Agenda Changes Board of County Commissioners Meeting October 27, 2009 Item 8B: This item has been continued to the November 10, 2009 BCC meeting, and will be further continued to the December 1, 2009 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an ordinance establishing the City Gate Community Development District (COD) pursuant to Section 190.005, Florida Statutes. (Staff's request.) Item 1608: On Page 32 of 39, under (G) Transfer of property, Item xlv should read, "Real Property Management will coordinate with the title companies and/or closing agents, to assure proper closing of all transfer transactions, and will deliver closing proceeds as Housing and Human Services shall direct." (Staffs request.) Withdraw Item 16014: Recommend approval of the award of RFP-09-S247 and agreement between Collier County and Recreation Facilities of America, Inc., for Food & Beach Concessions at Tigertail Beach. (Staff's request.) Continue Item 17B to the November 10. 2009 BCC meetinR: Recommendation that the Board of County Commissioners adopts an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the impact fee study entitled Collier County Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine land use category and Impact fee rate and providing for delayed effective date of February 1, 2010 in accordance with the notice period requirements of Section 163.31801(3)(d) Florida Statutes; this action Is In follow-up to the direction provided by the Board of County Commissioners on June 23, 2009. (Staff's request.) Time Certain Items: Item lOA to be heard at 10:30 a.m.: Recommendation that the Board of County Commissioners reviews the TDC Subcommittee recommendations as approved by the Tourist Development Council and provides direction to the County Manager or his designee for further action including the authorization to process all necessary budget amendments covering direction that involves the movement or use of TDC funds. (Commissioner Fiala's and Commissioner Coletta's request.) Item lOB to be heard immediatelv followlnR lOA: Recommendation that the Board of County Commissioners reviews and approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) and approve all necessary budget amendments. (Commissioner Fiala's and Commissioner Coletta's request.) Item 100 to be heard at 3:00 a.m.: Recommendation and consideration to (1) grant the Solid Waste Management Department the authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A" from Residential PUD to Community Facility PUD to be processed by CDES on an expedited or fast track basis; (2) contingent upon the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract" A", from the Collier County Emergency Medical Services Department (EMS) to the Solid Waste Management Department for the relocation of the Naples Recycling Center, at a cost not to exceed $450,000; and, (3) approve a budget amendment to transfer funds in the amount of $419,734 from the Collier County Solid Waste Management Fund (474). Solid Waste Capital Projects. Project 70013, Santa Barbara Recycling Center to the EMS Fund 350. (Commissioner Henning's request.) Item 12A to be heard at 2:00 a.m. Recommendation that the Board adopts the attached standard form Lease and Ground Lease for all future leases with Not-For-Profit Entities, and to direct staff to review each of the County's Not-For-Proflt Leases and, where appropriate, offer the Lessees the opportunity to convert their current lease to the standard form, subject to Board approval. (Commissioner Coyle's request.) Item 12B to be heard immediatelv followinR 12A: Report to the Board with respect to the Naples 200 Lease, with a discussion on whether the Board wishes to reduce or eliminate the rent. (Commissioner Coyle's request.) 10/27/2009 8:38 AM October 27, 2009 Item #2B, #2C, #2D, and #2D APPROVAL OF MINUTES FROM SEPTEMBER 24, 2009 - BCC/BUDGET HEARING; SEPTEMBER 29, 2009 BCC REGULAR MEETING; OCTOBER 9, 2009 - VALUE ADJUSTMENT BOARD MEETING - APPROVED AS PRESENTED MR. OCHS: Ma'am, that takes you to 2B. COMMISSIONER HALAS: Motion to approve September 24, 2009, BCC budget hearing; September 29,2009, BCC regular meeting; and October 9,2009, Value Adjustment Board meeting. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: And a second. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Fine. Very good. We move on to item number four, proclamations. Item #4A PROCLAMATION DESIGNATING NOVEMBER 9,2009 AS WORLD ORPHANS DAY 2009. ACCEPTED BY TOM SCOTT, PRESIDENT/COO, SKY ANGEL U.S. LLC, AND KAROLE DAVIS, DIRECTOR-PUBLIC RELATIONS, SKY ANGLE U.S. LLC - ADOPTED Page 10 October 27,2009 MR. OCHS: Yes, ma'am. 4A is proclamation designating November 9,2009, as World Orphans Day 2009, to be accepted by Tom Scott, president and COO, Sky Angel, U.S., LLC, and Karole Davis, director of public relations, Sky Angel, U.S., LLC. CHAIRMAN FIALA: Come on up. Very good. Somebody else with you? MR. SCHMITT: Karole. CHAIRMAN FIALA: Very good. COMMISSIONER HALAS: Good morning. CHAIRMAN FIALA: Thank you very much. We appreciate you doing this. MS. DAVIS: Thank you. CHAIRMAN FIALA: This is our proclamation to you. Thank you. COMMISSIONER HALAS: Good morning, sir. COMMISSIONER COYLE: Thank you. COMMISSIONER COLETTA: Good morning. CHAIRMAN FIALA: And if you would, stay right there -- COMMISSIONER HENNING: Thank you. CHAIRMAN FIALA: -- so we can take a picture. And then if you have a few words, we're happy to hear them. (Applause.) MR. SCOTT: Keeping it really short for you. I know that will be important to you. My name is Tom Scott, and I'm president at Sky Angel. We're really proud to be a Collier County business. We're a national business. We provide faith and family television to the United States in a way that's the leading edge in the world today. The first company in America to launch an IPTB service, and we launched it right here in Collier County. We -- I'm here today to just thank you for proclaiming World Page 11 October 27,2009 Orphans Day for the November 9th day. Every two seconds a child somewhere in the world is orphaned. Just think about that. Just in the little bit of time we've been here, there's ten or 15 new orphans in the world today. There are now more than 145 million children that are orphaned or displaced globally, and they need our help. World's (sic) Orphans Day 2009 will be observed through grassroots efforts throughout the United States to bring more awareness to the plight of orphans and with fundraising events to provide food and clothing for the most vulnerable. We are working to create a better, safer, and more secure environment for orphans both domestically and in the developing world. This is a start of a grassroots effort. It's funded and founded by a group called the Stars Foundation out of Nashville, Tennessee, which is fundamentally some country western singers and some others who really have a passion for this. I've been blessed and honored and humbled to be asked to be the national chairperson. We are very grateful that Collier County has accepted our request to designate November 9th as Orphans Day, and we ask that everybody be aware and be cognizant of the great need that there is out there for orphans in the world today, and we just want to thank you-all for your concern and for your support. Thanks. CHAIRMAN FIALA: Thank you. (Applause.) Item #4 B PROCLAMATION CONGRATULATING COLLIER COUNTY SOLID WASTE MANAGEMENT DEPARTMENT FOR THE RECEIPT OF THE 2009 SPECIAL WASTE GOLD EXCELLENCE AWARD. ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE MANAGEMENT DIRECTOR AND DANETTE HUFF, RECYCLING COORDINATOR - ADOPTED Page 12 October 27, 2009 MR. OCHS: Ma'am, 4B is a proclamation congratulating Collier County Solid Waste Management Department for the receipt of the 2009 Special Waste Goal Excellence Award. To be accepted by Dan Rodriguez, Solid Waste Management Director, and Danette Huff, recycling coordinator, and a host of others. CHAIRMAN FIALA: You guys are just wonderful, I'll tell you. You make us so proud. (Applause.) CHAIRMAN FIALA: Hi, Sherry. COMMISSIONER HALAS: Thank you very much for everything you do. You guys are great. CHAIRMAN FIALA: He has a way with words, doesn't he? COMMISSIONER HALAS: Good morning. Thank you for everything you do. CHAIRMAN FIALA: I have two things to give you. I'm going to give you one of them. Jodi? How about if! give you this, and then we'll give Dan the -- thank you. (Applause.) MR. RODRIGUEZ: Just briefly, Commissioners, if! could just give you an idea. The award was given to the Solid Waste Management Department. It's a national competition through SW ANA, Solid Waste Association of North America. It was presented back in September 22nd in California, but we didn't attend. But I especially want to thank the Board of County Commissioners for your direction, the integrated solid waste management strategy, the county manager and our public utilities division administrator. So, appreciate it. Thank you. Item #4C PROCLAMATION DESIGNATING NOVEMBER 9 - 13,2009 AS Page 13 October 27,2009 ACCOUNTS PAYABLE WEEK, ACCEPTED BY BONNIE BAER, ASSISTANT GENERAL OPERATIONS MANAGER, CLERK'S FINANCE DEPARTMENT - ADOPTED MR. OCHS: And that takes us to Item 4C, which is a proclamation designating November 9 through the I 3th, 2009, as Accounts Payable Week. To be accepted by Connie Murray, general operations manager, clerk's finance department, and the staff. (Applause.) COMMISSIONER HENNING: Hi there. COMMISSIONER HALAS: Good to see you. Good morning, thank you. COMMISSIONER HENNING: Where's Crystal at? COMMISSIONER HALAS: There she is. COMMISSIONER COLETTA: Try not to look directly into the lens. (Applause.) CHAIRMAN FIALA: Good thing she always brings two cameras, hey? Crystal, did you want to say a few words? MS. KINZEL: Bonnie will. MS. BEAR: Good morning, Commissioners. My name is Bonnie Bear. I'm the assistant general operations manager for clerk's finance and accounting, and we'd just like to thank you and we're very grateful that you're recognizing our hard work in accounts payable department. Our staff works diligently to support the county. Thank you. (Applause.) Item #4 D PROCLAMA TION DESIGNATING NOVEMBER 9, 2009 AS COLLIER COUNTY FORECLOSURE TASK FORCE Page 14 October 27,2009 WORKSHOP DAY, ACCEPTED BY JEFF AHREN AND KATHLEEN P ASSIDOMO - ADOPTED MR. OCHS: Madam Chair, that takes you to Item 4D, a proclamation designating November 9,2009, as Collier County Foreclosure Task Force Workshop Day. To be accepted by Jeff Ahren and Kathleen Passidomo. (Applause.) CHAIRMAN FIALA: Good morning. COMMISSIONER HALAS: Thank you for everything you do. COMMISSIONER COLETTA: Thank you for what you do. COMMISSIONER HALAS: Good morning. CHAIRMAN FIALA: Hi, again. Boy, I see you all the time, don't I? Here and there and everyplace. You must be an awfully busy guy. (Applause.) COMMISSIONER COYLE: Good seeing you. Thank you. MR. AHREN: Madam Chair, Commissioners, good morning. I'm Jeff Ahren with Legal Aid Service of Collier County. On behalf of all the members of the Foreclosure Task Force-- and it looks like almost everybody showed up -- we thank you for acknowledging the efforts of our volunteers. We're deeply honored to be the subject of this proclamation, and we hope that by designating November 9th as Collier County Foreclosure Task Force Workshop Day that anyone in our community who needs assistant will attend the event at Gulf Coast High School that evening. The goal ofthe Foreclosure Task Force is to promote foreclosure prevention through education and intervention, and more globally, to coordinate a community response to the challenges posed by the number of foreclosures in Collier County. The motto of our task force is, we are all in this together. A remarkable group of volunteers have forged a bond and donated Page 15 October 27, 2009 countless hours of service to their community and to their neighbors in a time of need. Every Wednesday morning at eight a.m., task force working group members meet, as they have for almost two years now, to discuss foreclosure prevention and related topics. The task force was launched initially by a small group of concerned attorneys. It began as a cooperative effort between my agency, Legal Aid Service, and members of the Collier County Bar Association to see what could be done on a grassroots level to assist the growing number of homeowners facing foreclosure in Collier County . Membership in the task force increased rapidly as did the number of participating agencies. Early on the support of the Naples Chamber of Commerce and Housing Development Corporation of Southwest Florida greatly leveraged the efforts of the attorneys. The task force has conducted numerous outreach events open to the public all free of charge and designed to provide safe, reliable, and timely assistance to those at risks of foreclosure. These events have included workshops and legal clinics. The last outreach event that we conducted at NABOR in May of this year was attended by approximately 250 homeowners. And we've also created a multi-media website that the public is urged to search and look at. It's collierFTF.com, which also includes a matrix of resources that we developed and distributed throughout the community. If you would indulge me, I don't want to disappoint anybody. I'd like to list the following agencies that have supported the task force initiative who will be participating in the workshop event on November 9th. In addition to my agency, Legal Aid, Collier County Bar Association, Naples Chamber of Commerce, Housing Development Corporation of Southwest Florida, Collier County Code Enforcement, Collier County Clerk's Office, Collier County Sheriffs Office, Collier Page 16 October 27, 2009 County School District, NAB OR, the City of Naples Code Enforcement, Marco Island Area Chamber of Commerce, Marco Island Area Association of Realtors, Mental Health Association of Southwest Florida, David Lawrence Center, NAMI of Collier County, our chamber alliance, Collier County Hunger and Homeless Coalition, Collier County Housing and Human Services, SCORE of Naples, and Florida Department of Financial Services. I'd also like to very briefly extend a special thanks to the following people: Kathleen Passidomo, the past president of the Collier County Bar Association. She's a true leader among leaders on the task force; and to current bar association president Peter van Dien, and Lisa Mead, the executive director. I'd like to thank Kathy Patterson. Her counselors at the Housing Development Corporation have done tremendous work in this community. I'd like to thank Mike Reagen of the chamber who provided crucial support, encouragement, and facilitation; Bob Murray from the chamber alliance has done yeoman's work; Diane Flagg with code enforcement has been involved from many, many meetings, and her vision and innovative work has been really helpful to our initiative. Thanks to NABOR and J.P. and Tom Maday and Ellie Krier of EK Consulting, and also to the school district and to the local judiciary, including Magistrate David Friedman and the Clerk's office. We have some core attorney members of our working group here today, Pat Neale, Ed Larson, Jacqueline Buyze, Celia Deifik, Maureen Aughton, Jane Cheffy, and Tara Mucca (phonetic), and Francesca Pisarri. Again, I thank you for indulging us a little bit to -- I did not want to leave anybody out. I'm sure that if I did -- I just want to thank all of the task force volunteers for their countless hours of service they provided to the community. And on one final note, while much work has been done to date by the task force, each member recognizes that the enormity of the Page 17 October 27, 2009 challenges posed by foreclosure and the devastating effects on families in the community at large are felt when homes are lost and that, you know, our grass-roots efforts, while we hope they're assisting, they're certainly not collectively all that needs to be done. The members of the Foreclosure Task Force would welcome the opportunity to assist the county and this Board of Commissioners in any way possible. We would welcome the opportunity to conduct or participate in a future workshop on foreclosure before this Board of Commissioners. Our diverse membership base, multidisciplinary and multiagency has gained practical knowledge and gathered much information concerning foreclosures in Collier County and the related problems and challenges that flow from foreclosure. The task force members include experts and leaders in law, business, real estate, and other areas. They work in private, public, and nonprofit agencies. These stakeholders would be willing to assist the Board of Commissioners to discuss relevant transient issues and to explore public policy options and solutions. Thank you, Commissioners, for this proclamation and for your support. Thank you. CHAIRMAN FIALA: Thank you. (Applause.) MR. OCHS: Madam Chair, if! may, just on behalf of the staff, I would also like to personally thank the task force for their leadership on this very difficult and pervasive issue. I don't know how many people in the community know, but there's been more than 10,000 separate foreclosure actions filed just in Collier County over the last year and a half. And while there are some positive signs for the economy in general, it appears that this particular problem is going to be with us for quite some time. And I think the suggestion by the task force for the commissioners to, perhaps, consider a separate workshop to gain more Page 18 October 27,2009 information about this issue and what we can do as a county to further partner with the task force and other groups in the community that are working on this issue is a very good suggestion, and we can talk about it, perhaps, maybe during communications. CHAIRMAN FIALA: Good. Commissioner Henning? COMMISSIONER HENNING: Yeah. I'll wait for the communications, but, you know, there's some information out there that really needs to be shared with the board members and the community as a whole, and prepare. I think we really need to prepare for what could be. Prepare for the worst and hope for the best, as they say. So, I'm -- I guess we'll wait till communications on that. But I'm more than willing to do that. CHAIRMAN FIALA: Okay, great. Thank you very much. Item #5A PRESENT A TION OF A CHECK TO THE BOARD OF COUNTY COMMISSIONERS FOR THE UNUSED FEES DISTRIBUTION. PRESENTED BY LARRY RAY, COLLIER COUNTY TAX COLLECTOR - PRESENTED MR. OCHS: Madam Chair, that takes us to Item 5A on your agenda, presentations. We have a presentation this morning of a check __ which is always a good thing -- to the Board of County Commissioners for the unused fees distribution presented by your tax collector, Mr. Larry Ray. Good morning, Larry. MR. RAY: Good morning, Commissioners. CHAIRMAN FIALA: Good morning, Mr. Ray. MR. RAY: Greetings from the Tax Collector's Office. Tax revenues were down this year. We all had to make adjustments to our Page 19 October 27, 2009 operations to reflect the downturn in the economy, but I hope I'm here with a bit of good news for you today. On behalf of all the folks over in the Tax Collector's Office that collect your property tax, business tax, tourist development tax, provide motor vehicle and boat registration services, sell you your hunting and fishing license, do your driver's testing and driver's license renewal -- I think we do one or two other things, but I'm not going to come up with them right now -- I'd like to present you with a check for $8,645,361.54, which represents fees that we collected that we did not use in support of our operations for this year. (Applause.) CHAIRMAN FIALA: Thank you, thank you, thank you, Mr. Ray. I'll take that check. MR. RAY: Sure. CHAIRMAN FIALA: Thank you so much. Thank you. MR. RAY: Do I get to shake everybody's hands? CHAIRMAN FIALA: Yeah. COMMISSIONER HENNING: This time you do. MR. RODRIGUEZ: Thank you. CHAIRMAN FIALA: Thank you. COMMISSIONER HALAS: Thanks, Larry. COMMISSIONER COYLE: Thank you very much. Appreciate it. CHAIRMAN FIALA: I guess I have to turn this over to you, right, County Manager? So soon. MR. OCHS: Perhaps, we have Ms. Kinzel in the audience, she can take care of this for us. COMMISSIONER COYLE: We don't want to get a picture of him? CHAIRMAN FIALA: Oh, Larry. Come on up. MR. RAY: Could I get some volunteers? COMMISSIONER COLETTA: Take the check out of the Page 20 October 27, 2009 envelope and hold it up. CHAIRMAN FIALA: Oh, okay. Good. COMMISSIONER COLETTA: Let's all put our hands on it. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: There you go. CHAIRMAN FIALA: Come on, Larry. MR. RAY: Take my glasses off. CHAIRMAN FIALA: We'll get this photo opportunity. COMMISSIONER COLETTA: You're supposed to say one, two, three, remember? MR. OCHS: Grab that check. MR. RAY: I'll give it to Leo. CHAIRMAN FIALA: As much as I'd love to keep it, I don't think I have any right to, so might as well. Okay. MR. OCHS: Thanks, Larry, so much. Appreciate it. Give that to Crystal like right now. Thank you. Item #6A PUBLIC PETITION REQUESED BY MARCIA BREITHAUPT TO DISCUSS DOMESTIC ANIMAL SERVICES MISSION STATEMENT - PETITIONER ABSENT MR.OCHS: Madam Chair, that takes us to your public petitions. Your first public petition is 6A. It's a request by Marcia Breithaupt to discuss Domestic Animal Services mission statement. Ms. Breithaupt? I don't -- Ms. Breithaupt? (No response.) MR. OCHS: Move on to 6B, ma'am? CHAIRMAN FIALA: Sure, please. COMMISSIONER COYLE: Could I ask a question? CHAIRMAN FIALA: Sure. Page 21 October 27,2009 COMMISSIONER COYLE: Aren't we going to discuss this ourselves? We talked about this the last meeting, and Commissioner Henning's motion from the meeting before was that we -- MR. OCHS: Yes, sir. COMMISSIONER COYLE: -- bring this back and talk about it. MR. OCHS: Staff is coming at your November lOth meeting to talk about this item as well as the report that you asked us to prepare on the Trap, Neuter, and Release Program that was proposed by a public petition at your last meeting. COMMISSIONER COYLE: So we will deal with this, it will just be at the next meeting. MR. OCHS: Yes, sir. COMMISSIONER COYLE: Okay, thank you. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Thank you, Commissioner Coyle. Item #4A, #4B, #4C and #4D PROCLAMATIONS (ALL PROCLAMATIONS ADOPTED IN ONE MOTION) - ADOPTED MR. OCHS: I also have to ask the board if we could get a motion to adopt all of your proclamations under 4. COMMISSIONER COLETTA: So moved. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Motion by Commissioner Coletta, second by Commissioner Halas. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. Page 22 October 27, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Item #6B PUBLIC PETITION BY MAGGIE MCGALL TO DISCUSS EST ABLISHMENT OF A CANINE BEACH IN NAPLES - DISCUSSED MR. OCHS: 6B, ma'am, is a public petition request by Maggie McGall to discuss establishment of a canine beach in Naples. MS. McGALL: My name's Maggie McGall. And, Honorable Commissioners, unaccustomed as I am to public speaking, this is our petition. I am a proud owner of a pet-therapy dog. And as I mentioned -- anyways, I realize it will have to include an amendment to the ordinance that prohibits dogs on the beach. And my suggestion in the petition is that there are definite parameters that would go with this. And I won't read it. I think I got it in my head. We would require that these dogs have canine good citizen certification, and that means that these dogs have been obedience trained, and they are under the control of their owners, and the owners have signed a -- an agreement or a contract to keep their dogs so that they do not infringe on anyone else's rights and that they pick up after them and teach them courtesy. We do not have a specific area of beach to request. Let me -- backing up. Let's go back to the parameters that -- on a public beach, preferably one that is already a park, we would ask for hours from dawn to eight a.m. and/or six to eight p.m. Page 23 October 27, 2009 There's one section that I'm going to present that, perhaps, could be an all-day doggy beach because it is not a public bathing beach. Other parameter is that the canines would have to be duly licensed, vaccinated, and neutered or spayed. I can't help going through this part because I love it. We circulated a petition, and it's still growing, but we have over 245 signatures on it, and that states our case here. We -- I say that dogs in this city constitute a sizable consumer group when you consider all the grooming, feeding, veterinarian services, et cetera. Dogs are -- who are accredited perform community services. We've seen what volunteers can do, foreclosure volunteers. The volunteer pet therapy group serves hospitals, Hospice, nursing homes in this community, and they do invaluable service to people in those places. Somebody once said that a population or a civilization can be judged on how it treats its old people and its infirmed. Well, our therapy group is a big factor in helping those people in nursing homes, Hospice, so forth. If you could put this on the -- these are some shots from my collage here. But you'll see that the -- it shows shots of dogs working in libraries, in hospitals, in nursing homes, and a lot of these dogs perform this service for numbers of years until they pass. Anyway. Go back to the other one now. MR. OCHS: Yes, ma'am. MS. McGALL: Possible locations. I think I have covered the -- oh, another parameter is that the dogs would be monitored entering the beach, and they would have to provide -- the owners would have to provide a canine good citizen certificate to prove that the dogs had been through this obedience program. I would point out here that dogs are always monitored by our local vets for just about every one of the common parasites and feces and urine and blood. If you take your dog to the vet -- I can't pull it up right now -- but at the bottom of your sheet, thanks to computers and a Page 24 October 27,2009 very conscientious veterinarian staff, all these vaccinations and screening tests are monitored, kept on the computer and brought up on your billing sheet every time you take your dog to a vet for whatever serVIce. Now, my favorite part, the -- coming back to the arguments in favor of a doggy beach. As household pets, we all know that dogs provide unconditional love and, plus security for households. Some places even will honor a physician's letter stating that a dog, a canine, is a person's companion and improves their state of health. And this next one is -- I say as our personal and informal trainers, which my dog certainly is. She gets me up at 6:30 every morning. They -- well -- they are our motivators for daily walks and this -- we get ensuing tremendous health benefits from this. And most of the time these walks, daily walks with our dogs, are confined to city streets and a few parks. Dogs are prohibited from many county parks and from some of the city parks. So these walks are the city streets and a few beaches on leash. The dog owners and the dogs many times would love to get in the water. As you-all know, there are a lot of breed of dogs that are bred for water. The spaniels, the retrievers, the labradors; my Blue Heeler loves to fetch in the water. I am a beach person myself. I've lived here three years. I can count the times on two hands that I've actually been to the beach. The reason is, when I get out, I have the dog with me. The dogs are prohibited on the beach, so we go elsewhere. About the only time I get on the beach is when we have -- I have company and they -- first place they want to go is to the beach. Part of the parameter that I stated earlier was that the dogs would be leashed right up to the high tide, the mean high tide line, and that means that they would not disturb any of the dune habitat, and that-- from the mean high tide line, if they urinate on the beach, which I defy anybody to try to pick up after, the tidal flow will take care of the Page 25 October 27,2009 unne. Finally I say, a canine beach does really not disturb topography and is no more of a hazard to wildlife than ordinary beach use by bathers, surfers, boaters, people with Ski-Doos and so forth. My other suggestion for a possible doggy beach is a place that we sneak to once in a while, my dog and 1. That's on 951 as you approach the Marco Island bridge. There's a turnoff to the right just before the bridge, and there's a -- there's an inlet there, of course, and the fishermen use that. And there's a small beach there below that or north of the inlet that is bounded by very dense mangroves on one end and the inlet on the other. Can't reach up that high. But you can see where the bridge is. And just before the bridge coming from the north -- MR. OCHS: Point over here. MS. McGALL: Right there. All right then. That is a possible suggestion. Only accouterments that would be necessary would be a fence on the highway, because that beach is very close to the highway and that would endanger both traffic and the animals and handlers. Also I'd point out that there's construction going on there right now for, I guess, enlarging the marina, which means that the equipment is there if a fence were to be installed. CHAIRMAN FIALA: Thank you very much. We appreciate you being here. And Commissioner Henning? COMMISSIONER HENNING: Yeah. I think most know that I am a dog owner, that my dog loves the water. But it would take a lot of enforcement to do what the lady says. I don't know where we'd get the funds to do that. Besides, we have endangered bird species on the beach, that's the Piping Plover, that would cause a conflict. I think it's very noble. I know they do it in other communities. I -- I'm not in favor of any changes myself because of the economics. CHAIRMAN FIALA: Thank you. Thank you very much. Page 26 October 27, 2009 MS. McGALL: May I speak? CHAIRMAN FIALA: No. We're done now. Thank you. We give you ten minutes, and then we cut it off. But I thank you for being here. MS. McGALL: All right. I was just going to tell you, we have two German shepherds, and you wouldn't -- CHAIRMAN FIALA: Well, that's -- thank you. Thank you very much. Item #6C PUBLIC PETITION BY JAMES GUERRERO TO DISCUSS OUTSTANDING INVOICES FOR SHIP 09-025R AND DRI-05- 113, BOWERSOX PROJECT - DISCUSSED MR. OCHS: Madam Chair, that takes us to Item 6C on your agenda, which is a public petition request by James Guerrero to discuss outstanding invoices for SHIP 09-025R and DRI-05-113, Bowersox project. MR. GUERRERO: Good morning, Madam Chair, Commissioners. I've been in front of you before. I'm James Guerrero. I'm a general contractor for 18 years. I was selected under the Disaster Recovery Initiative and State Housing Initiative Program to do a rehabilitation contract, residential, and I was selected to do the program. The owner's name in this case is Julieann Hardymon Bowersox, a noble lady, and I trust her judgment. We completed work 100 percent. The volume of the total contracts, two contracts, was $43,039; 29 thousand and 300 dollars (sic) was paid -- excuse me -- $28,300 was paid, and a balance of over 14,000 is still owed. The invoices that are outstanding are -- have been reported. The payments were held or stopped by a finance housing initiative, and -- which was based on a tax lien. It is our understanding that the delay is Page 27 October 27, 2009 not necessary or not needed because the application by Julie (sic) Bowersox was qualified and approved by Collier County. The application under the two programs only addresses income eligibility __ eligible activities. The application by state and HUD do not address liens and creditworthiness, only mortgage loans and credit card loans based on federal and state regulations. The arguments that I have are that the program is designed to help low-income people who are in need of housing or better housing and to help small business contractors in Collier County. The investigation puts more burden on the people that the program is intended to serve. The program is also to stimulate the local construction economy. And payments were stopped to participating contractors during a two-month time period. Needless to say, we also have two purchase orders with the purchasing department, and those I'd like to mention, DRI 4510-861 and SHIP 4510-7935. My conclusion is to review the status and intent holding the payments with the goal to pay the outstanding contractual balance. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'd like to ask Marcy to come up to this microphone and Crystal to come up to the other microphone, if you would, please. First off, I want to compliment both of you on resolving so many of the issues that have been out there and starting to move the backlog forward. What we have here is a unique situation, and we have a vendor here that's acted in good faith as per directions, and I'm not too sure where we can go to be able to get this resolved, but I'm not too sure why he has to pay the penalty because of a disclosure that someone failed to make on an application. Am I reading this wrong? We'll start with you, if I may. Page 28 October 27, 2009 MS. KRUMBINE: For the record, Marcy Krumbine, director of housing and human services. I sort of feel like I'm in a courtroom and I'm going to present the case. COMMISSIONER COLETTA: You are, and we're watching every move that you make. MS. KRUMBINE: In a sense you are correct. First of all, I would like to say that the customer or the client in our terminology did disclose everything that there was to disclose. She didn't write it on an application but provided that backup information. And I would like to say, again, for the record, that it was not a part of our policies and procedures to look at credit and look at credit worthiness. That wasn't part of the program. And today, Commissioners, on the consent agenda, per your direction, you've asked us to firm up our policies and procedures, and we've put that on the consent agenda. So for going forward, that will be a procedure that we -- that we incorporate for all of our clientele. So everything was disclosed, and the county does have an active and legal purchase order with this contractor to do the work. He did the work. It was signed off on by my office. COMMISSIONER COLETTA: Okay. Crystal, once again, thank you for clearing up most of the backlog in this last issue. Is there anything that can be done to resolve this? MS. KINZEL: Commissioner, thank you. For the record, Crystal Kinzel, finance director. We had the chance to meet with Mr. Guerrero. We've explained the situation. His agreement is with Ms. Bowersox. They are the two parties to the agreement. And while the county is funding, the county's agreement is with Ms. Bowersox. As soon as we can resolve and validate that we would be making a legal payment, we will certainly do that. We have paid Mr. Guerrero prior to this issue coming to our attention, and we continue to pay him on anything that is a qualified Page 29 October 27,2009 expense. So we're trying to help his cash flow. We understand small vendors. We try to response as quickly as we can. But in this case, we do have to validate that this would be a legal payment. And at this point, we do not have that ability to validate. We're awaiting an investigation. And upon that return, we will do whatever that indicates. COMMISSIONER COLETTA: The investigation, is this something you're doing, your department, or is this -- MS. KINZEL: No. As was mentioned at the last meeting, it is with the Sheriffs Office at this time. COMMISSIONER COLETTA: Okay, thank you. And we'll continue to monitor what's taking place. But, please, get it resolved so we can get the vendor paid, both of you. MS. KINZEL: And Commissioner, we are meeting with Mr. Guerrero. We met with him again in the last two-week time frame and went over all of the documents with him, so I believe we are making every effort to work with the vendor. COMMISSIONER COLETTA: Jeff, you got anything to add? You're looking at me. MR. KLATZKOW: No, I don't have anything to add. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. Thank you, everyone. COMMISSIONER COYLE: Wait. CHAIRMAN FIALA: I'm sorry. Commissioner Coyle? Excuse me. I'm sorry. COMMISSIONER COYLE: I have a great deal of sympathy for Mr. Guerrero concerning this issue, but I just cannot let the record reflect what he has submitted to the record because it is inaccurate. This is your, what, third time before us; is that not correct? MR. GUERRERO: Yes, sir, it is. COMMISSIONER COYLE: On the same issue. Every time we have answered all of your questions, we have clearly defined what the Page 30 October 27, 2009 problem is. It is not with the housing and urban department for Collier County . We might have done a better job of reviewing the lady's credit history, but the issue of payment is an issue you have to take up with the Clerk's Office, not the Board of County Commissioners. And we've made that clear now on three occasions, and you still make comments like, the Collier County Housing and Human Services Department has not responded to six requests for payment. That is absolutely untrue. We have all responded to your requests for payment, and we have been supported -- supportive of your requests for payment. There are legal arguments, however, why the clerk can't issue the check. It has nothing to do with Marcy Krumbine and our housing and urban development department. You also accuse the Collier County Housing and Human Services Department for refusing payment, and they have not refused payment. They have been supportive of you getting payment. So if you're going to present these kind of arguments to us, I would ask that you do so in a truthful and complete manner. Your argument is with the Clerk of Courts, and as soon as that legal issue is resolved, I am sure the clerk will give you the payment. We are powerless in this respect, and that's what we've said three times now in your public appearances before this board. And while I'm sympathetic, I do not appreciate you coming in here three different times criticizing a department of Collier County Government when we've done nothing but try to help you resolve this lssue. Okay. So that's all I have. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, just briefly. And I appreciate the commissioners' indulgence. And he's not here of his own initiative. I asked him to come. Page 31 October 27, 2009 But the positive thing was, is that while all this was going on, this is the only venue he's got to reach out to us and the Clerk of Courts. There's been many, many vendors that have been paid that had a backlog before, and I think it's only through the public exposure that takes place in this room and the indulgence of this commission to be able to listen to it. I think you're correct in what you stated. Right now the ball is in the court of the Clerk of Court, and he's exercising due diligence as he sees fit. And I plan to monitor from here on out and see what's taking place. And I do appreciate the fact this commission has listened to it, because you brought a lot of payments to resolution. There's a number of vendors out there that weren't getting paid that did get paid because of Mr. Guerrero taking the time to come forward and this commission listening to it and all the departments ending up working together on it, so there's a lot of positive that came from this. COMMISSIONER COYLE: Well, I would argue to the contrary. It was in the Clerk of Court's ballpark from the very beginning. The first meeting it was -- the clerk clearly explained to us what the problem was. The second meeting the clerk explained to us what the problem was. This time the clerk has again explained to us what the problem was. These public petitions have done nothing to change that. It's been that way from the very beginning. And these public petitions will not do anything to change that because they've been working on it and are waiting for a sheriffs investigation to be completed. So we have done nothing except to place into record documents which unfairly accuse our housing and urban development department of failing to do their job and failing to make payments. They can't make payments. End of story. COMMISSIONER COLETTA: No, it's not end of story. And if! may, sir, I'd like to remind you one more time, this is the last of many, many vendors that were looking for payments, many payments they Page 32 October 27, 2009 were looking for. They have been resolved, many of them, and it's because of this commission listening to this gentleman here who came forward. There's other vendors, too, that -- the issue has been more or less taken care of. This is one issue that's left out there. I agree with you, it is with the Clerk of Courts. But your patience in listening to Mr. Guerrero has brought about a lot of resolution. We have two departments that were at war with each other a couple months ago, and they've been working very close together since then. And I thank you for listening to everything that's been presented today. CHAIRMAN FIALA: Thank you. And on to the next one, please. MR. GUERRERO: Thank you, Madam Chair, Commissioners. Item #6D PUBLIC PETITION BY RANDY JOHNS TO DISCUSS A REQUEST BY SW ANP BUGGY, INC., FOR EXEMPTION FROM THE CURRENT NOISE ORDINANCE - THIS ITEM TO BE BROUGHT BACK AS A REGULAR AGENDA ITEM - CONSENSUS MR. OCHS: Madam Chair, that takes you to Item 6D, which is a public petition request by Randy Johns to discuss a request by Swamp Buggy, Inc., for exemption from the current noise ordinance. Mr. Johns? MR. JOHNS: Good morning. I'm Randy Johns. I'm here on behalf of the swamp buggy board. I wanted to thank you guys for the support you had over the years for swamp buggy. As you know, the swamp buggy's been around for 61 years. They've been -- their mission statement's been to put on affordable entertainment for the community, also allowing other venues to use Page 33 October 27,2009 that facility to raise funds and stuff for their venues. We were located on Radio Road years before, and as you know, people started building in and getting close to us and complained to the commissioners, and we are now located where we are today. We've been there for 25 years. We know now that there is other developers that wanted to move in next to us. We've been there with the noises and stuff that we make on our weekends and stuff for these 25 years. We don't want to stop development, but we do not want to be stopped doing the business that we're doing. We'd like to ask you guys to give us the same noise exemption that you have given to Immokalee drag strip, to the fairgrounds, to the airports, those type of exemptions. And that's kind of where we're at with this. I don't think that it would hurt any development around us that will be moving in if we were to get those exemptions. You know, we haven't had complaints in the past, and I just don't -- we'd like to not have complaints or be in a position where we have to move again, so that's why we're here today. Thank you. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Thank you for being here today Randy. MR. JOHNS: Thank you. COMMISSIONER COLETTA: I've been involved in the swamp buggy for quite a long time and got quite a history on it. The last noise complaint that came from that area was back when they had the shooting range, and that was about seven years ago, six, seven years ago, and that was people moving in some distance away not being used to gunfire except on television. They were brought to the shooting range, demonstrated what it was. The whole thing ended up that that went away, then the shooting range went away. There hasn't been a noise complaint from swamp buggy in Page 34 October 27, 2009 forever. I'd like to see this moved to an agenda for consideration. Of course, would there be public meetings on this for this to be able to go forward? Not that there's anybody that lives in that neighborhood that I could think of that would want to interact if you use the measurements that you do for how far away you notify somebody. MR. KLA TZKOW: If the thought of the board is to grant an exemption ofthe noise ordinance for the swamp buggy folks, then you would have a public hearing for the change in the ordinance. COMMISSIONER HENNING: Okay. Well, I'm for going forward with it and having it brought back to have it changed. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah, I am, too. CHAIRMAN FIALA: Me, too. COMMISSIONER HENNING: I mean, I don't know if we could do it by a simple resolution. MR. KLATZKOW: No. You need to -- you would need -- you would need and you would want to amend your ordinance. They're in a part of the county that's rapidly developing. This issue came to my office's attention during the PUD process when there was talks about maybe putting an exemption in the PUD, and it was my thought, just -- there's no point in doing this because you're going to have all these developments around there, just give them the -- ifthe board wants, you just give them the exemption. I don't know that you have an exemption for the fairgrounds. I know that was mentioned. And I don't know if you want us to look into that as well. COMMISSIONER HENNING: Yeah. Personally I think that we need to do that. I hate to -- I know it costs us money every time we have to advertise for these ordinance changes. MR. KLATZKOW: Not as much as you think, because we're starting to combine them. They're running about 80 to $100 per ordinance to advertise. If you look at them now, we're bunching like Page 35 October 27,2009 six or seven in at a time. That's considerably reduced the average cost. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'm sympathetic to getting something done to protect swamp buggy, but I just want to explore briefly ifthere isn't a better way of doing it. If you exempt somebody from the noise ordinance, that essentially means that no matter what activity they conduct there -- they can detonate 500-pound bombs there and you can't enforce the noise ordinance. But you -- the way that we did this for the Marco Island Airport was to require that the surrounding developments include notifications to anyone who bought property that this park was there, that the swamp buggy conducted their activities there, and we intended that they continue conducting their activities there, and that no complaints concerning the noise of the swamp buggy activities would be enforceable. Now, that is a little different than just exempting them from the noise ordinance. MR. KLA TZKOW: The exemption would be limited to -- it would be a reasonable exemption. They would be limited to times. I mean, typically maybe seven to ten p.m., something like that, and we'd bring out something that they could live with and the community could live with as well. COMMISSIONER COYLE: The problem still remains that when people buy property there, if they're not aware of this exemption, they're going to buy property and then they're going to be complaining to us when they hear this noise. My objective is to not only let the swamp buggy continue their operations there without harassment or complaint, but it is to make sure that the people who purchase in the surrounding communities know that that facility is there and they know that these operations are going to be conducted there, and that way we won't have nearly so many unhappy residents. That would be my objective. Page 36 October 27,2009 CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: That's a good point. In the last PUD, and I believe the last -- the one before that, we made that a requirement that they do just that. And it's a -- you're right, it's a safety measure, because even if you have an ordinance in place, people are going to have a hard time if they haven't been prewarned that this ordinance is there. I'm kind of reluctant to add the fairgrounds to it, because that's a whole different situation. You're going to fill this room two times over if you add the fairgrounds to it. I would rather the fair board come here separately and make that request, and then we can deal with it as a separate issue, because I -- it's going to -- that would, in itself, blow this whole thing apart. I think swamp buggy is extremely different than the fair. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. I also feel that we need to do something not only with the swamp buggy grounds, but also the people that surround them. It seems funny that people know there's an airport, and the airport's been there for years. First thing they do when they move in is start raising cane that they want to shut the airport down. So I understand where you're coming from, and I feel that we need to address that. And I think the best way, as was discussed here, is to put that in the documents of people who are going to buy residence in that area, maybe a mile away or two miles away, because on certain days when the wind is blowing a certain direction, there's going to be noise, and it's going to travel with the -- with the wind. So I believe that we need to make sure that we cover all angles so that we don't run into this particular problem. People have got to realize the swamp buggy grounds are there. There's particular times of the year that the races are run, and so be it. CHAIRMAN FIALA: Randy, thank you so much for being here. Page 37 October 27,2009 I remember when it was on Radio Road. You could hear it over at my place. I thought it sounded wonderful, by the way. And as you can see, I think all five commissioners agree that we want to keep you there and we want people who move in not to be complaining about the noise there. And Commissioner Coletta asked that we bring it back to a regular agenda item, and you -- and County Manager, you see five people in agreement. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Thank you. MR. JOHNS: I did check our PUD. It doesn't allow us to detonate 500-pound bombs. COMMISSIONER COLETTA: We can change that. COMMISSIONER COYLE: Yeah, we can. I'd like to see the rifle range back out there. MR. JOHNS: Not yet. Thank you. Item #9 A RESOLUTION 2009-257: APPOINTMENT OF MEMBERS TO THE RADIO ROAD EAST OF SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD ADVISORY COMMITTEE: APPOINTING RENA TO F. FERNANDEZ (4 YEAR TERM) THOMAS FRANK DEPOUW AND SUZANNE J. CHAPIN (3YEAR TERMS), DALE M. JOHNSON AND PAIGE SIMPSON (2 YEAR TERMS) - ADOPTED MR. OCHS: Madam Chair, that takes you to Item 9 on your agenda, which is Board of County Commissioners. 9A is an appointment of members to the Radio Road East of Santa Barbara Boulevard to Davis Boulevard Advisory Committee. COMMISSIONER HENNING: Madam Chair, I make a motion Page 38 October 27, 2009 that we approve the list, and on the list is Dale Johnson, Tom DePouw, Renato Fernandez, Sue Chapin, Paige Simpson. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. A question I have to Sue Filson is, these are supposed to be four-, three-, and two-year appointments. Do we make that decision here, or do they make it when they meet or how does that happen? MS. FILSON: That is up to the board. Sometimes you make their term appointments and sometimes you leave it up to them. But I just wanted to point out that they aren't scheduled to meet for their organizational meeting until April the 6th, so you may want to set their terms today or we can wait till April. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Can I make a suggestion we just do it in order, start at the top and those people get the two years, the next ones get three years? MS. FILSON: Well, we have one member for four years, according to the ordinance, two members for three years, and two members for two years. CHAIRMAN FIALA: I was reading through all -- COMMISSIONER COYLE: Start at the top. CHAIRMAN FIALA: -- of their -- all of their resumes, and if I could make a suggestion -- but Commissioner Henning, this is your district. I'm going to throw this on the table. See if you like it and -- Renato Fernandez, I thought he would go for the four-year because it seemed like he had the most experience in all ofthis, and he's been involved in a couple committees, and then Thomas DePouw and Suzanne Chapin, three years, and then Paige Simpson and Dale Johnson two years. Would that -- I don't know any of these people but Renato, but according to their resumes, it sounded like that would make some sense, if that would be okay with you. Page 39 October 27, 2009 COMMISSIONER HENNING: That's fine, either that or they could just arm wrestle. I don't care. CHAIRMAN FIALA: That might be more fun to watch. COMMISSIONER HENNING: Yeah. I -- that's a part of my motion. MS. FILSON: Since we don't have term limits anymore, they can be reappointed. CHAIRMAN FIALA: Sure, sure. So Commissioner Henning said that would be part of his motion, and Commissioner Coyle, second? COMMISSIONER COYLE: I'll second it. CHAIRMAN FIALA: Okay. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Thank you. Very good. And we go to 9B. Item #9B RESOLUTION 2009-258: APPOINTMENT OF MEMBERS TO THE HISTORICAL/ARCHAEOLOLGICAL PRESERVATION BOARD: REAPPOINTING SHARON KENNY, WILLIAM J. DEMPSEY AND PATRICIA A. HUFF - ADOPTED MR. OCHS: 9B, appointment of members to the Historical Archaeologic Preservation Board. COMMISSIONER COLETTA: Make a motion to approve the Page 40 October 27,2009 committee's recommendation -- COMMISSIONER HENNING: Second. COMMISSIONER COLETTA: -- of Sharon Kennedy (sic), William Dempsey, and Pat Huff. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Did you say a second already? COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: Okay. I have two seconds. So the first one was Commissioner Henning. Motion was made by Commissioner Coletta, seconded by Commissioner Henning. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Item #9C RECOMMENDA nON THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE COUNTY MANAGER EMPLOYMENT AGREEMENT WITH LEO E. OCHS, JR. AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME - APPROVED MR. OCHS: Next item is 9C, Madam Chair, recommendation to approve the County Manager Employment Agreement. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: Second. Page 41 October 27,2009 CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Motion is made by Commissioner Henning, a second by Commissioner Halas. Commissioner Halas, did you want to say something on this subject? COMMISSIONER HALAS: Yes. When you look at all the salaries of the surrounding cities and other counties, I think our new county manager has looked very carefully at making sure that he is not overpaid. In fact, if anything, he's going to be overworked and underpaid. And I wish him the very, very best in the next -- through the duration of his contract and look forward very much to working with him. MR. OCHS: Thank you. CHAIRMAN FIALA: Thank you. Well said. Commissioner Henning? COMMISSIONER HENNING: Well, Madam Chair, Leo, I'm anxious and looking forward to working with you as your term -- as my term as county commissioner, as your appointment to county manager, and I'm very excited to hear your ideas and how we need to lead this county and look forward to making those changes. MR. OCHS: Thank you, Commissioner. COMMISSIONER HENNING: Thank you. MR. OCHS: Appreciate that. CHAIRMAN FIALA: Leo, just for me, you're doing an outstanding job. And this agreement was very fair, and so I wanted to commend you for putting this together. And as you can see, all five commissioners are eager to get this thing going. And we appreciate all you've done so far. Thank you. MR. OCHS: Thank you very much, Madam Chair. CHAIRMAN FIALA: I have a motion on the floor and a second. All those in favor, signify by saying say. COMMISSIONER COYLE: Aye. Page 42 October 27,2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: You know what, I think it's time for us to take a break so that we can be back for our time certain. MR. OCHS: Very good. 10:30 you're returning, ma'am, for your time certain? CHAIRMAN FIALA: Yes. MR. OCHS: Thank you. (A brief recess was had.) CHAIRMAN FIALA: Will you-all please take your seats. Thank you. We're back in session. I appreciate everybody that's here. Item #IOA RECOMMENDA TION THAT THE BOARD OF COUNTY COMMISSIONERS REVIEWS THE TDC SUBCOMMITTEE RECOMMENDATIONS AS APPROVED BY THE TOURIST DEVELOPMENT COUNCIL AND PROVIDES DIRECTION TO THE COUNTY MANAGER OR HIS DESIGNEE FOR FURTHER ACTION INCLUDING THE AUTHORIZATION TO PROCESS ALL NECESSARY BUDGET AMENDMENTS COVERING DIRECTION THAT INVOLVES THE MOVEMENT OR USE OF TDC FUNDS -APPROVED W/CHANGES CHAIRMAN FIALA: Our next item is going to be the TDC Subcommittee recommendations. That's item number lOA. MR. OCHS: Yes, ma'am. It's a 10:30 time certain, Item lOA. It's a recommendation that the Board of County Commissioners reviews Page 43 October 27,2009 the TDC Subcommittee recommendations as approved by the Tourist Development Council, and provides direction to the county manager or his designee for further action including the authorization to process all necessary budget amendments covering direction that involves the movement or use of TDC funds. Mr. Jack Wert, your tourism director, Madam Chair, will present. CHAIRMAN FIALA: Let me just stop you for a moment and tell everybody what the rules of the game are, just so everybody understands what we're doing here. Number one, we have 32 speakers, and at this time -- MS. FILSON: Thirty-three. CHAIRMAN FIALA: Thirty-three speakers -- and at this time we will not accept any more speakers. We always stop accepting speakers as we begin the subject, that way then we know what we're dealing with. Thirty-three speakers at three minutes each, that's only 99 minutes. We should be here and having a great time. And next, there are ten different items on this -- on this subject, and what I've told our director of tourism is that we'll take them one by one. We'll discuss each one separately rather than bunch them all together. So we have all of these speakers. And I'm not quite sure how we're going to handle calling the speakers because there might be one subject that nobody has any comments on but we've got 33, or did they tell you which subjects they want? MS. FILSON: I don't think so. It says subcommittee recommendations. COMMISSIONER COYLE: Madam Chair? CHAIRMAN FIALA: Yeah. COMMISSIONER COYLE: Could I make a recommendation? CHAIRMAN FIALA: Certainly. COMMISSIONER COYLE: Can we just go down the list, and if someone wants to speak on item number one, we let them speak Page 44 October 27,2009 before we debate it and make a decision. CHAIRMAN FIALA: Very good. COMMISSIONER COYLE: And then we move on to the next one. CHAIRMAN FIALA: I think so. And then Sue can just eliminate them from her speaker slip? COMMISSIONER COYLE: Yeah, yeah. CHAIRMAN FIALA: Very good. Okay, folks. We've got a suggestion and I love it, so that's what we're going to move forward with on each subject. Whoever wants to speak on that one will then raise their hands, and then Sue will -- as they come up on that particular subject, Sue will eliminate that speaker slip from the stack that she has, okay? Thank you very much for your indulgence. Jack, move forward. MR. WERT: Thank you, Madam Chair, Commissioners, good morning. For the record, Jack Wert, tourism director. Just a brief bit of history how we got to where we are today. Chairman Fiala did appoint a subcommittee made up of four persons ofthe Tourist Development Council to meet and come back with some recommendations to the full Tourist Development Council. That subcommittee met nine times in May, June, July, and August, and came back to the Tourist Development Council with some recommendations in August, and we are bring those ten recommendations to you today. That subcommittee was chaired by Murray Hendel, who is also the vice-chair ofthe Tourist Development Council. And I thought if we could just have Murray come up and just give us about two minutes of why he proposed this subcommittee and what the purpose of that group really was -- because I think it really frames what these recommendations are. Mr. Hendel? Page 45 October 27,2009 MR. HENDEL: Thank you. Madam Chairman, Commissioners, pleasure being here today. Commissioner Fiala, Chairman Fiala, the TDC appointed a committee a number of months ago to look into the ordinances affecting the tourist tax. As you-all know, the tourist tax in Collier County today is 4 percent. The tourist tax in most of the other counties in Florida is 5 percent. You add that to the regular sales tax we have, which is 6 percent, so when anyone goes to a hotel, the tax is 10 percent. And that was one of the subjects we discussed. But what I want to do is make sure that the Board of County Commissioners understands the process we went through in formulating these recommendations. As Jack said, we had a number of people come before us, and the bottom line was, we needed to spend more money on advertising. So the committee in its deliberations, as they analyzed each one of the areas where the money was being spent, whether it was museums or beaches or whatever, came up with a tentative conclusion that we should probably try and raise a million dollars pretty quick if we want to get some advertising out to bring in some business for the Collier County community. So as you go through the recommendations, you'll see that there was a million dollars roughly recommended, and -- as we get into the detailed suggestions, but a million dollars was recommended so that we could do year-round advertising in the county, which historically we have never done before. As you-all know, originally we didn't want anyone coming in here except in the off season. So this recommend -- these recommendations from the subcommittee were revolutionary in that we want to advertise Collier County for the whole year. So as we go down the suggestions, that theme will be in all of the recommendations. And I just want to make -- well, I won't even make Page 46 October 27,2009 that. Thank you, Jack. MR. WERT: Thank you, Mr. Hendel. MR. HENDEL: I'll have a lot of discussion on certain recommendations if you want the background on it. Thank you. MR. WERT: Yes. Murray then will be a resource for us as a member of that subcommittee and actually chairman. MR. HENDEL: I would like to introduce the members of the subcommittee, Susan Becker, would you please stand? And Clark Hill. Clark here? They are the two other members. Bob Miller, the fourth -- third member, unfortunately, can't be here today. Thank you. MR. WERT: Thank you, Mr. Hendel. All right. That said, the whole purpose was to find more marketing dollars in a variety of different ways. So we'll begin with recommendation number one, and let me point out that we certainly have a lot of speakers on the various ones. We also did receive a letter from the Naples City Council and the Marco Island City Council related to the beach issues opposing both of those. I want to go on record, and I believe I included a copy of those letters from each of those groups as part of your packet. The first item is related to the county-owned museums, and that particular category is an allowable use of tourist development funds in the state statute. And since 1998, Collier County has funded the operation of the Collier County-owned-and-operated museums, and that amounts to 22 percent of the first 2 percent of the tourist development tax, goes for that use. The recommendation from the subcommittee was looking out to fiscal year' II, not the current year we're in, but fiscal year' II, to begin reducing the funding that the county-owned museums received by a third each of the next three operating years to eventually reduce that allocation to the museums and use those funds currently used for the museum operations for marketing and advertising. Page 47 October 27, 2009 The annual budget of the Collier-owned museums is about a million-and-a-half dollars. Some years carry forward that gives them a little more, but let's use a million and a half as their operating amount. And so 500,000 per year it would be reduced each of the next three years. . That's the recommendation, and that was a 7-1 vote at the Tourist Development Council moving forward to the County Commission. CHAIRMAN FIALA: Donna Fiala voting against it. So now what we're going to do is call on -- or have the speakers on this particular item regarding the museums come up, and then, Sue, you'll take them off of the list; is that correct? And then after we've heard from our speakers, we will hear from the commissioners. MS. FILSON: I've just gone through all the speakers, and I only have one that actually says what they want to speak on, and that's the museum. CHAIRMAN FIALA: Okay. COMMISSIONER COYLE: Show of hands. CHAIRMAN FIALA: Pardon me? COMMISSIONER HALAS: How about a show of hands? CHAIRMAN FIALA: Show of hands. How many people wanted to speak on the museums? Okay. Well, why don't we -- this is going to -- how do we call them now? Let's see. Should I just ask everybody to come up and line up and -- COMMISSIONER HALAS: Maybe what you need to do is ask the person their name so you can pull the tag and stick it to the side and then -- CHAIRMAN FIALA: Okay. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes. MR. OCHS: Madam Chair, you could have one speaker come at Page 48 October 27,2009 each podium. That way we could move this along. They could identify themselves. CHAIRMAN FIALA: Thank you. Okay. MS. FILSON: The first speaker I see, I believe he has two speakers that are going to cede their time to him so that he can show a DVD. MR. MEDWEDEFF: It's a PowerPoint presentation. MS. FILSON: A PowerPoint presentation. CHAIRMAN FIALA: And that's Rick Medwedeff? MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: So you've got nine minutes; is that correct? MR. MEDWEDEFF: Yes, ma'am. COMMISSIONER COYLE: Who are the people? MS. FILSON: And the people are Steve McIn, T -- I can't-- MR. McINTIRE: McIntire. MS. FILSON: And Larry Dulski. And then Rick Medwedeff. MR. MEDWEDEFF: Commissioner, now my presentation was going to be encompassing the -- four of the recommendations, so I'm just going to -- ifit's okay, I'll just speak to all of them. CHAIRMAN FIALA: Sure, sure. MR. MEDWEDEFF: Is the slide show on? So do I just hit enter? MR. WERT: If! can help you here. MR. MEDWEDEFF: Do I just hit enter? Good morning. I'm Rick Medwedeff. I'm the general manager at the Marriott on Marco Island. I'm also a member of the Tourist Development Council. I've been in the lodging industry for 27 years, and I currently employ over 700 associates. The facts. I thought I'd start off today with some facts. The first being is that we're in the worst recession since the Great Depression. Lodging has been not only impacted by this recession, but by the AIG effect. Just for those that don't know what that means, is last year Page 49 October 27,2009 when the financial institutions melted down, the federal government came out and bailed them out with T ARP money. One of those companies was AIG, and later in the year they were seen hosting an event at an upscale resort, they got all of the media, the government jumped all over it, and even a senator tried to pass a law that said that we should not be holding conventions at upscale resorts or resorts in general, even though -- if it was cheaper to go there than a traditional hotel. That obviously had a devastating impact on our industry and, in particular, Collier County because of the density of our -- or the number of upscale resorts that we have in our community. It affected us greatly. At my resort, we took over 12,000 rooms of cancellations. Now, part of that was recession related, but part of it was the AI G effect. And as a result, Collier County's RevP AR is currently down 22 percent for the year. Just as a reminder, RevP AR is our measurement of average daily rate and occupancy. Unfortunately, the forecast for next year is a continued decline, anywhere from 3 to 5 percent. And so you know, that has been presented by organizations, PriceWaterhouseCoopers, PKF, and Smith Travel. We also, as a fact, we have 31,000 workers in the tourism industry that have and will be negatively affected by these results. One last fact is that Collier County allocates the lowest percentage of its bed tax to marketing. In fact, we're 16 points lower than the closest competitor, 33 percentage points lower than the average. So what are we asking of you today, Commissioners? First, to recognize that we are truly in a crisis, that we need to take extraordinary measures to mitigate this downward trend that we have. As such, there are nine recommendations that have been put forth to you that were overwhelming supported by the Tourist Development Page 50 October 27, 2009 Council. Also you should note that -- for the record that the Collier County Lodging Association has submitted a letter to you-all that unanimously support all nine recommendations. I want to highlight four of them. Access to the emergency marketing funds. Emergency marketing funds are earmarked for traditionally hurricane emergencies. Last year you authorized us to access those funds as part of our normal funding and -- because our economy was in a crisis, that we felt that that was a bigger crisis than any hurricane could impact our economy . We're in that -- we're in a worse situation today, and so we're asking for that. That's approximately a million dollars. The next two items in here are the redirecting 500,000 of the next two years emergency beach funds. So you should know, there's $3.5 million in reserves in those funds right now. We're not asking to touch those. We're talking about redirecting the next two years of 500,000 that goes into those funds. We are also asking to redirect 500,000 of the approximately $2 million that will be allocated to major beach renourishments. Again, in that fund there's approximately $6 million currently there and another $7 million that have been submitted by FEMA. Last on my items that I wanted to talk about is the phasing out of the operating costs of the county-owned museums starts in 2011 and doing that over three years. So the big question is, will additional marketing make a difference? So you should know, I believe it will. As a general manager for my property, I've increased the leisure marketing at my resort by 34 percent this year. But let me give you a more specific example by the CVB. Last year, using your emergency funds that you gave us, we targeted our European market, specifically Germany, UK, and Canada. As you can see, in the month of August of last year, we pretty much had no activity on our website, and then in September and October it shot up Page 51 October 27,2009 dramatically. But what's more important is the end result, a 52 percent increase in September and 82 percent increase in October for the European market, and a 6.8 percent increase in the Canadian market. And Commissioner Henning was instrumental in helping us achieve those goals and get those fundings, and that was a direct result of that effort. A more recent one is the instate campaign that we did this year. You can see the markets we targeted. The significant increase in both the web page and inquiries. But again, more importantly, how is it translated into occupancy? In 2009 you can see we're down ten points in occupancy all driven by the collapse of our group market where we now have a 6 percent growth in our transient. We're reversing a two-year negative trend, and that's a direct reflection of our marketing efforts. I would tell you there's other evidence that marketing works. We have a research organization that the CVB hires to survey visitors, and over 50 percent of the visitors respond to this survey that they are influenced by the marketing messages that we send them. I know that there's always a question out there, are we at a point of diminishing returns? I'd like to make a few comments on that. First, if we do not allocate these additional fund -- additional monies to our marketing efforts, we cannot reach new markets and new people. So you should know, 40 percent of our visitors are first-time visitors. You think about yourself, when you go on vacation, you don't go to the same place every year. You try different places. We need to attract that to sustain our business. I would also tell you, if we were running 95 percent occupancy, we would probably be at a point of diminishing returns. We're not even close to that kind of percentage. But last, and not least, all of our competitors obviously feel that they're not at a point of diminishing returns by their overwhelming funding that their marketing efforts are (sic) towards their destination. Page 52 October 27,2009 As you can look there, we've got destination -- these are our competitive markets, by the way. All of them way outspend us. In fact, the moneys that we're requesting right now to add to our funding would not even equal the next lowest competitor, even if we added those funds. As it relates to the funding of our museums, with the exception of the Florida Keys, we're the only market that funds the operating costs of the museums. And as I might note there, Florida Keys, that's $80,000 versus our 1.7 million last year. Now, also recognize that that is almost as much as we allocate towards our marketing our whole destination. So the relationship is amazing to me. Don't get me wrong. It's not like we're not in support of our museums. I think museums are very important. They define the character of our community, but they are not a significant driver of tourism to our county. Now, I know that you're going to have other speakers that will get up here and share a lot of statistics that will be to the contrary, but I would suggest those are national statistics, maybe even Florida statistics, but I promise you they will not be Collier County statistics, because our research company interviews the tourists that come down here and talk about why they come down here, and they'll talk about good weather, they'll talk about weather -- or beaches, dining, entertainment, but museums are not on that list. I know that you'll also have other speakers that might bring up the fact these destinations do spend money on museums, and they are correct, but it's spending money on events and cultural activities that bring in tourism, not operating costs, and that's the distinction here. In summary, this is the impact to tourism to our community; 31 ,000 jobs, $80 million in visitors, sales and gas tax, over $14 million in tourist tax, a savings to every household of $665 in annual tax savings. We generate $836 million in direct visitor expenditures, $1.25 billion impact to our community. Page 53 October 27, 2009 In closing, Commissioners, I'm sure that there will be other speakers that will come up to you today that will have very compelling messages and -- about why we should not redirect beach money and why we should fund the operating costs to museums, but what they won't tell you, what they cannot tell you, is that their request will impact the lives and well-being of approximately 31 ,000 workers and their families. Today, Commissioners, you will send a strong message to the working community of Collier County and my 700 associates that with a yes vote to the nine TDC recommendations that you will prioritize your support for them and their families over the special interests of a few. Commissioners, please do not cut off the hand that feeds our community. Thank you. (Applause.) MS. FILSON: The next speaker is Murray Reichenstein. He'll be followed by Jacob Winge. And those are the only two I know that are for museums. MR. REICHENSTEIN: Good morning, Madam Chairman. CHAIRMAN FIALA: Your name? MR. REICHENSTEIN: Murray Reichenstein, Murray Reichenstein, long-time resident. I'm very concerned that if we're going to reduce and eventually eliminate the TDC funding support for the museums, how do we keep the museums open? And I think Patty's going to talk in a little while, that the benefit for both the tourists as well as the residents here are very significant in the number of people and the contribution for the museums. I think it's easy to say, well, we can replace the funding, the TDC funding, with general funding; but realistically, given all these times, what are you going to do, take it away from education or healthcare? You must be joking, okay? Page 54 October 27,2009 So I think the decision to say we will do it one-third of the time, which sounds gentle, and then eliminate it, effectively means over time the closing of the museums, unless you plan to divert education and healthcare away from the community, which makes no sense to me. So I think for the contributions the museum makes not only for tourism but for the whole environment, we should retain the contribution to the museum. Once we lose the history -- our history's only 100 years old, outside of the prior Indian history. It's a real history. Other places go back 1,000 years. We only go back 100 years. And to lose that history, it's not replaceable afterwards. You can't come back in five years and say, well, remember it again. So I strongly suggest we do not take the funds away from the museum. Thank you. CHAIRMAN FIALA: Thank you. MS. FILSON: The next speaker-- MR. REICHENSTEIN: I think Patty will give you more detail. (Applause.) MS. FILSON: The next speaker is Jacob Winge. He'll be followed by Lodge McKee. MR. WINGE: Madam Chair, County Commissioners, thank you for letting me speak today. CHAIRMAN FIALA: Your name, sir? MR. WINGE: Jacob Winge. Earlier this year I founded Collier County's first ever history club at Barron Collier High School. One of the main reasons why I founded it is because I believe that history is the most important aspect in our daily lives and within our county and our communities. Once we lose that piece of history, whether it's -- any amount of years, whether it's lOO years, 1,000 years, once we lose that, everything else is going to go down with it. So I strongly recommend that we continue to fund the museum because it is a very vital source, Page 55 October 27, 2009 not only for tourism, but for the community and for the county on the whole. That's all I have. CHAIRMAN FIALA: Thank you. Next speaker? MS. FILSON: The next speaker is Lodge McKee. He'll be followed by Nancy Suber. MR. McKEE: Good morning, Madam Chair, members of the commission. My name is Lodge McKee. I'm the president of Southwest Heritage, Incorporated, which is a nonprofit group that has undertook to save and preserve the Naples Depot back in the 1970s. Weare on the cusp right now of opening the new museum facility in the Naples Depot. It's been a joint effort between the county museum system and Southwest Heritage. We're contributing the land and the building at one dollar a year so that the county didn't have to spend any money to buy the facility, and it will, in essence', be a front door for the county museum system. It's located on the corner of lOth Street and the Tamiami Trail, about one block away from the chamber of commerce former information center where they had a visitorship of about 145,000 people per year. It is at the entrance of the 5th Avenue South shopping, restaurant, gallery area, which most tourists who come to Collier County visit at some point or other. The impact of that new facility, I think, will be very, very positive for the museum system, and it will present a front door to our tourists that we have never been able to present before. The main museum is here on the courthouse campus. It's not easy to find. It's a wonderful facility, but unless you know what you're doing, you will probably not find that museum. The Depot will be another kettle of fish. And so we're most anxious, after three years of effort to see the impact of that and the broadening scope that it will provide in terms of Page 56 October 27,2009 exposure to our county museum system. We have had a good fit with the tourist development tax over many years. There's no question that there's a proper relationship there. We have done our part, and I'm sure that it will not be comfortable to try to replace the funding that's necessary to operate our system if we take it away from the tourist development tax. All of these issues are important. Certainly if the tourists come here and the beach is in distress, we'll have a problem, so we have to balance our interests here in the county. And I hope that you will see fit to detain this funding from the TDC. Thank you very much. MS. FILSON: The next speaker is Nancy Suber. She'll be followed by Patricia Marzula. MS. SUBER: Good morning. My name is Nancy Suber, and I'm here to speak on behalf of the museum. I believe the gentleman just used the word balance, and I believe that the hotel industry, the tourism industry, as well as the museums in Collier County should all figure out a way to work hand in hand. This museum is -- this money is very important to the functioning of the museum. And I also have some statistics here that I would like to share, how that -- almost 75 percent of Florida tourists visit the museums and participate in some type of cultural activity here in Florida. I have a breakdown of 23 counties in Florida. Suwannee, Monroe, Hillsborough, Alachua, Santa Rosa, on, two pages worth, that actually support their museums and their historical events in their counties, 23 percent of them now. At the moment, Collier County is using 100 percent of their museum tax to operate it, their revenue to operate it. And ongoing financial support is going to be very, very important for the cultural supporting these activities. It also supports 10,000 children in our community that go through this museum. So it's not only about the tourism, which is so important to our community, but also giving Collier County a backbone to the foundation of our Page 57 October 27,2009 community and those that are coming up, and that's our kids. And I think that if you can't find a way to make them work hand in hand together, you're going to lose a very important part of Collier County and our history. Thank you. MS. FILSON: The next speaker is Patricia Marzula. She'll be followed by Kathy Miracco. MS. MARZULA: Actually, as I'm listening to everybody today, I may be getting things wrong, but I think that museums and tourism are combined. I think that one shouldn't be fighting the other but that it is for everybody. As a matter of fact, we have too many museums that we had in operation for a while in Marco Island, and over a five-year period, 92 percent of the visitors were not residents of Collier County but were from out of state and out of the country, and 8 percent of the residents -- of the visitors were residents of Collier County. I think the museums are a part of tourism. I think that we do have to have some cultural things. I know our beaches are wonderful. Nobody wants to do away with anything, but I do believe that the museums should be on the agenda of the TDC. Thank you. MS. FILSON: The next speaker is Kathy Miracco. She'll be followed by Helmut Nickel. MS. MIRACCO: Good morning. Hi, I'm Kathy Miracco. I'm representing the Marco Island Historical Society, but I am wearing a tourism banner because we do believe, as Patty said, that tourism and the museums do work hand in hand. I won't repeat the percentages that Patty talked about, but those percentages were taken from our log books in our too-many museums. It wasn't something that was done as a survey. So those are actual hard facts for us, and we just wanted to appreciate -- tell you that we appreciate all the efforts you have done in the past, and we look forward to working with you in the future. Page 58 October 27, 2009 Thank you. MS. FILSON: The next speaker is Helmut Nickel. He'll be followed by Patricia Huff. MR. NICKEL: Helmut Nickel. I speak for the Marco Island Historical Society. Museums are part of like schools, part of the educational system. Historical museums preserve the past for the future, and it is important to realize that one generation that is not interested can break the chain of the continuing cultural and civilization. History books are full of lost civilizations when just one generation was not interested enough. One of the excellent examples we have just this (sic) because Mexico and Yucatan where the Mayan culture was broken in the 16th century and never came back. Thank you. MS. FILSON: The next speaker is Patricia Huff, and I handed you a handout from her, and she will be your final speaker that I'm aware of on the museum. THE AUDIENCE: There's a couple more. MS. FILSON: Okay. You want to come up. MS. HUFF: Thank you. My name is Patricia Huff from Everglades City, president of the Friends of the Museum of the Everglades. And it's been questioned whether the county museums attract tourists, and we can only speak from our experience and research which indicate that at the Museum of the Everglades, 96 percent of our visitors are from outside Collier County. So if the question is which department or agency should fund the county museums, we believe that it should be the Tourist Development Council. In the last three months alone, we've greeted tourists visiting from 22 different countries outside the United States. From the United States, we've had visitors from every one of the 50 states. Within Florida, we have had tourists from 116 different cities outside of Collier County, and that's just in the last three months. Page 59 October 27, 2009 In 2007, the Museum of the Everglades attracted 16,694 visitors. In 2008 we -- there were 17,731. And through June of this year, we have had 10,483 visitors. Based on this information, the Friends of the Museum estimate that the attendance will be from 19- to 20,000 in next year and, again, 96 percent outside of Collier County. That's an economic impact ofa million dollars to Everglades City's businesses, and most likely double that to Collier County, since many of our visitors are staying overnight in Naples and Marco Island. And the question is, do museums in counties outside of Collier County receive support from their local TDC councils. Our research shows that they do. Some counties support the museum and cultural art programs and events while others provide salaries for employees, invest in facilities, and operate and maintain museums. I've passed out a list of those counties that do support the museum with TDC funding. We believe that it's admirable that the TDC is awarding grants to noncounty museums. As far as the county museums go, we believe that they should support the county museums as well as noncounty museum. And we do feel like we're part of the equation with the beaches and the hotels and the golf courses, that we should be considered equally from that with funding. Thank you. MS. FILSON: The next speaker is Nick Hale. He'll be followed by Homer Helter. MR. HALE: Good morning, Commissioners. I'm Nick Hale. I'm the president of the Friends of the Collier County Museum. We learned about this attempt to defund the museums by reading it in the newspaper because we weren't invited to the TDC meetings; however, we spoke to Mr. Hendel, who spoke this morning, and to others who were there, and we find that Mr. Weft had told the TDC that we're the only county that funds museum operations. Well, that's not true. Not remotely true. Page 60 October 27,2009 The report which I sent to each of you yesterday -- I'm sorry it was so late getting there -- shows 23 different counties fund various museum activities. These counties are those that compete with us for tourists. Counties to the north, the one to the south, the two to the east, and many, many others. The TDC has said that museums are not tourist drivers. They don't serve as destinations. Well, we don't advertise all over the world so we don't expect to attract people from all over the world, but many of the people who come here once, come again, and when they're here, they also go to the museums. Everybody doesn't sit around a hotel or go to the beaches. We have a list of people who come to the main Collier Museum, and they're from all over the world. Last month, we had II-inches of rain, and when it rains, where do the tourists go? Well, a lot of them go to the museums. The TDC recommendations are just fine, but the museums do attract people, and they need constant funding. We need people in the museums who are experienced, who know what they're talking about, because the museums are the repository of Collier County history. If we change people all the time, it doesn't work very well because we lose very experienced people. The director has been here for 25 years. He knows a great deal about the history of Collier County . The report we've given you is heavily supported by the references that are in the report. This is a research report. What Mr. Wert said, that he researched somewhere, somehow, to find out that only Collier County supported museum operations with TDC funds. I'm a scientist, not a PR man, so I understand research. And I've spent well over 100 hours, as have others, to develop this report. And I should tell you that we're all -- all members of the museum support group are also taxpayers in this county, and we're pretty unhappy to have to spend a couple hundred hours to developing a report to Page 61 October 27,2009 counteract something that the tourism director said that was not so. CHAIRMAN FIALA: Excuse me, Mr. Hale -- oh, that's what I was just going to ask you. I don't think the light was on, but thank you. The timer was on, excuse me. MR. HALE: The county museum is a repository of our history. We put on the various events that bring out the history, our Old Florida festivals, to which I hope you-all come, November 6, 7, and 8, has a number of reenactors from all over the state. We bring them here, they live down at the museum in tents, we pay them for this, and they represent various periods in Florida history. These are knowledgeable people. They not only have the uniforms or the clothing of some earlier era, they also know all about that era. And you can ask them questions and they will answer them authoritatively. So I urge you not to disturb the present arrangement for funding the museums. Thank you. CHAIRMAN FIALA: Thank you. MS. FILSON: The next speaker is Homer Helter. He'll be followed by Hunter Hansen. MR. HEL TER: Madam Chair, Commissioners, I'm Homer Helter. I'm one of the lucky few that's on the board of the Friends of the Museum. I just want to talk to you a minute about the how -- a little bit of this fallout. About six weeks ago this happened, and I'm wondering, wow, this is like us and them or something, and I think that will get straightened out. But about six weeks ago -- we don't have a development director, so whenever we have like the Old Florida Festival, we have to go out and raise our money. And all ofa sudden this is in the newspaper. Now times are tough anyway, and now we're getting this [rom people about, you know -- both corporate and private people -- you guys going to be around or what? Page 62 October 27, 2009 So anyway, the reason we need money is because a week from this Friday, if you come out there -- like Nick says, I hope you-all do -- and see how we take these kids and they go through all these different parts of history. We have to pay for those 50 or 60 buses. We don't -- that's not free. We have to pay for those buses, and they're probably, I don't know, 300 bucks apiece or something. So we have to go out and raise money to pay bills. And I can tell you because of this, it really kind of hurt us really bad, particularly took us -- our mind off of what we were doing and made us work on this deal. And I just hope you-all get a chance to come out and see exactly what happens in the Old Florida Festival. It's a week from this Friday, November 6th, and it would be a wonderful thing to say, you know, we can't get rid of this. We -- I mean -- and that's what will happen. If you guys decide to -- that you don't have no plan of replacing the money and you won't, things are too tough -- so I'm hoping you will have clear heads here, and I hope we're not us and them, we're all together in this tourism thing, because we really truly are. Thank you. MS. FILSON: The next speaker is Hunter Hansen. He'll be followed by Gerald Masters. MR. HANSEN: Good morning, Madam Commissioner, Commissioners. I'm Hunter Hansen. I'm the area managing director of the Naples Grande Beach Resort and the Edgewater Beach Hotel. Also, like my colleague Rick Medwedeff, been in the business almost 40 years, employed at the peak of, three years ago, over 800 associates. We're now down to 600 associates, and I'll reflect on that in a minute. But I'd like to first talk for a minute about the macro message here, and then the micro message about this funding source and how we're going to attract more tourism dollars. When I first moved to Naples three years ago, I asked for the three largest economic drivers of Collier County, and the response I Page 63 October 27,2009 got, which made sense to me, it was construction, healthcare, and tourism. Well, we all know what happened to construction. That's gone. Healthcare is kind of in turmoil, and there's nothing locally we can do much about healthcare growth locally. It's more of a national level. But there is something we can do and you can do about tourism. The decision that you're going to make today, and the decisions you're going to make today are going to be very impactful on either increasing tourism or decreasing tourism to Collier County, and that's through our advertising effort. In the old Economics I 01, Paul Samuelson, I'll never forget it, my freshman year in college, said that if you establish a business that people want to buy, you price it appropriately, and then the key point is, advertise for it, people will come and buy it. The case in point, and our statistics at Naples Grande and Edgewater Beach were the same as Rick's. This summer we priced our product appropriately, we doubled our advertising dollars, and our occupancy points went up IS points over where they were last year. The key was advertising. We had to tell people about it. They don't come if you don't tell them about it. Because our business has declined, our staffing levels, we've had to decrease our business 20 percent. We don't want to do that. Now, from a micro perspective, we don't want to take anybody out of business. It's not my point or our point of running the museums out of business. I think the point is, we're talking about the operating costs here, not the special events costs. If they're looking for special events, we get suggestions for that, or recommendations, we fund those. But from an operating perspective, we're suggesting that it's just a source of funding for -- the museums have, be looked at from a different fashion, that their funding source does not come from the tourist dollars. We're very much in support of the museums. We don't want any business like that to close. Page 64 October 27,2009 Of course they all contribute to our success. But we're just suggesting that the funding source be looked at. You looked on -- you saw on one slide that the funding of museums in our competitive set is nonexistent from tourism dollars in our competitive set in Florida; whereas, we -- our tourism dollars support it significantly. So that's what we're asking for is, the less tourists we have that come to Collier County, the less people that will go visit these museums. So we're looking to grow those customers and grow that tourism. The only way we'll do that is to increase our advertising dollars. CHAIRMAN FIALA: Thank you, sir. (Applause.) MS. FILSON: The next speaker is Gerald Masters. And can I please ask, are there any other speakers to speak on the museum? (No response.) MS. FILSON: Okay. Mr. Masters will be your final speaker on the museums. MR. MASTERS: Thank you very much. It's a pleasure to be here. I guess I would only say, I'm a former educator myself, a teacher. I taught seventh grade in the Ohio schools. I'm a lover of history . I'm with the Marco Historical Society, and I guess my great concern for all of this is children, adults, all of us. And I guess I would say only one thing to you, are you listening? Can you hear the toll of the bell? To me, if you cut out moneys for the historical societies in three years, they will be gone. The history, the learning, the knowledge, all that we can impart to our children, our adults, sharing what we have will be gone. We cannot afford to do this. Surely there is a way we can find to work together because I, too, love tourism, but there must be a way do it together, not to destroy the history societies, not to destroy the museums, but to realize the important place we all play together. Page 65 October 27,2009 Thank you very much. (Applause.) CHAIRMAN FIALA: Now, Commissioner Henning? COMMISSIONER HENNING: Madam Chair, if we're just going down the list on this one, I just don't see where it's possible. I think the recommendations are noble, but I just don't see it's possible to do so. And I think if Jacob Winge can come down here and convince the board to not do the funding, it's enough for me. But I do think that the county manager should look at this, the funding, the operations of it, and see ifthere's -- if we can do something different in the future. But it's historical funding from TDC's, and I just -- once you start, it's hard to cut that off, as I think we know in previous issues. So my perspective, I would like to reject the TDC Subcommittee's or TDC's recommendations on this item. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: But go down to the others. CHAIRMAN FIALA: And I have a second on that from Commissioner Coyle. I would also like to make a comment that this -- this is part of the fabric of our community, the museums, and if we don't fund them this way, then we have to raise our taxes, and nobody wants to see their taxes raised. I strongly support the efforts with the tourism industry to get more advertising dollars, and I want to do everything I can to help them to do that, but I do not want to eliminate our museums. There is -- there is an alternative. I was -- I checked with Jack yesterday, or Monday, to ask how many dollars we're -- yeah, that was yesterday -- how many dollars we're getting in from the interest money now that the interest money is going back, and then I checked with the county attorney to see if the interest money just for tourism could then be focused right on advertising rather than distributed in the different Page 66 October 27, 2009 departments. And do you have an answer for me on that, County Attorney? MR. KLATZKOW: Yeah. I think you can do that by resolution if you want to direct that the clerk simply deposit it in an account that's earmarked for tourism or advertising. If you were going to change the ordinance, I would say, well, put that into the ordinance itself and put the suspenders with the belt but -- without having to amend the ordinance. I think you can do that anyway. CHAIRMAN FIALA: And that way we can offset the money that possibly could have been attained through eliminating museums. This way we've got another funding source in its place. So I think -- I think that's an answer to that. Commissioner Halas? COMMISSIONER HALAS: I've been a strong believer in our museums, and it's been difficult for us to get where we are today with the funding. When I came onboard the Board of County Commissioners, the museums that we had in our inventory were in drastic need of updating. And I believe that we have done the right thing. As all of you know, we are in very trying times, not only the tourist industry, but also some of the demands that have been put on government in regards to trying to cut costs. We have laid off a number people or asked a number of people to take early retirement also. And I have some concerns, because this is not the Federal Reserve. We don't have an open pit of money here. And I have some concerns taking the interest. I think there's other ways of addressing this issue for short-term, which I think will be discussed later. But as far as the interest being turned over as a vehicle, we have some very strong concerns about the upcoming budget. We've already gone through one trying time with the budget. Now we have another year that we're looking at. And I can tell you that the low-hanging fruit Page 67 October 27,2009 has been pretty well picked over. And to take away the only funding source that the museums have, there's no other way that we can fund those museums at the present time, even probably down the road for another three or four years, because I don't think that this is going to turn around as quickly as everybody thinks it may turn around. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Madam Chair, I would just like to express my support for the motion, but also to express my disappointment that the Friends of the Museum did not receive a hearing before the TDC or the committee. We would expect that all of the appropriate agencies affected by the recommendations brought to us would have been properly vetted with those people who were affected. I'm disappointed that didn't happen. But with respect to the interest, I would prefer when we get into that discussion that my colleagues give some consideration to two points. One is, with the current method of allocation of the interest to the parent account, we don't really have an option of using it for anything other than tourism. But I don't -- also don't think we should start passing resolutions that tell the TDC how they should allocate the funds they have available. They're responsible for budgeting. And I would like to see, of course, that interest go back into their budget, and then it would be our responsibility to approve the final budget and make sure that the museums were properly funded based upon their request. Because you go direct them to use the money for a specific purpose, next year or the year after that we're going to have to retract that direction. So let's not tie their hands. But that's a discussion for later. CHAIRMAN FIALA: Sure. COMMISSIONER COYLE: Thank you. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: No, we're -- Page 68 October 27,2009 CHAIRMAN FIALA: You're done? COMMISSIONER HENNING: I think we're all done here. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: We're almost all done. Thank you. COMMISSIONER HENNING: Oh, nuts. COMMISSIONER COLETTA: No. I think we're going at a good direction here. And it's great to be able to vet this. And I appreciate the tourist industry coming in to see me and talked at great lengths about it. As you know, and as I've said before, there is no other funding source for the museum. It's -- not now. It would be impossible. The only option would be to close the museums, and that's really not an option. And every one of the people from the industry I talked to, they agreed. There wasn't. You can't -- if you want to find the funds from someplace else, where you going to go, parks and rec? The library? That's not going to work. So we're down to basically where we are. But I can tell you one thing I'd like to see take place in the future, to try to get some continuity and some agreement of what's going to take place in the future, I kind of hope that at some point in time when there's another opening on the TDC, that it be a person with business background that's also got an affiliation with museum to be able to playa part on it. I think it could be vetted right out there in the public up front and everybody knows what's happening as it's coming down. We won't have these kind of conflicts before ( sic) with people asking some things that are impossible to do. CHAIRMAN FIALA: Qkay. Jack, do you have any final comments before we vote? MR. WERT: No, ma'am. CHAIRMAN FIALA: Okay. I have a motion on the floor made Page 69 October 27, 2009 by Commissioner Henning and a second by Commissioner Coyle. Any further discussion? COMMISSIONER HALAS: And the motion is that we're going to retain the funding for the museums? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Reject the recommendations, number one. COMMISSIONER HALAS: Thank you. CHAIRMAN FIALA: Okay. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: That is a 5-0. COMMISSIONER HENNING: Madam Chair? CHAIRMAN FIALA: Yes, sir. COMMISSIONER HENNING: Ifwe can just maybe try to expediate. Ifwe go through all these things, it's going to take a while. If we can move to the interest and the number three separately and then the rest of them, take them all at once, that would be -- speed up things a little bit. So think about -- CHAIRMAN FIALA: You're talking about number two and three anyway, right? COMMISSIONER HENNING: Well, yeah, but there's other ones. The -- Commissioner Coyle brought up a very good point, is, he stated that the interest money should be a -- come from the Tourist Development Council. I can go along with that. Resolution is fine. I Page 70 October 27,2009 don't want to change the ordinance because in another two years, things could change and you might want to use that interest money for other things. CHAIRMAN FIALA: Is -- the interest money's already going back into tourism right now. It started in July? COMMISSIONER HENNING: It is, but like Commissioner Coyle said, if the Tourist Development Council would give us recommendation of where that interest money should go through -- to promotion, the promotion coming up -- and Jack, how much money would that be? Do you know what that would be? MR. WERT: In the interest? Related to the interest? Currently we've got figures for July, August, and September, and that was allocated then to each of the seven funds. The grand total was $40,878. COMMISSIONER HENNING: Okay. So that's a quarter. So that's not -- MR. WERT: Basically a quarter, and one of our slowest quarters of the year so -- in terms of rates and that type of thing. COMMISSIONER HENNING: You're talking about $200,000. MR. WERT: Probably for the year. COMMISSIONER HENNING: It helps. MR. WERT: It helps. COMMISSIONER HENNING: But if we can -- I mean, I'll make a motion that we direct the -- or ask the Tourist Development Council to take a look at those interest moneys and make a recommendation to the Board of Commissioners to get it on our next agenda. MR. WERT: Okay. CHAIRMAN FIALA: Okay. MR. HENDEL: May I make a comment? The background on the interest is that there's going to be eventually $20 million in the -- some of the reserve funds, and if the interest rate goes up, you can look at a million dollars possibly coming from this fund. So this is a very, very Page 71 October 27,2009 important fund, and in the future it could be -- very well cover many of the things we're talking about. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Well, we need to make it clear that's already been done, okay? The decision to reallocate interest to the TDC fund has already been accomplished. I mean, that was done a month or so ago. COMMISSIONER HENNING: Right. MR. WERT: Correct. COMMISSIONER COYLE: So the item number two that you're recommending is not an item that we have to vote on because it's already been accomplished. MR. WERT: Correct. COMMISSIONER COYLE: It merely means that that interest is coming back to the TDC. The TDC then will take that interest, budget it as they see fit, and submit to us a recommended budget, and then we will -- CHAIRMAN FIALA: Right. COMMISSIONER COYLE: -- make a decision or ask that you revise it. COMMISSIONER HENNING: The interest is going back to each of the categories. That's what's happening now. COMMISSIONER COYLE: Right. Well, yes, but the TDC -- the categories are funds. MR. WERT: They're all tourist tax. COMMISSIONER COYLE: They're all TDC funds. You have the authority to request allocation from one fund to the other or changes in his allocations, right -- CHAIRMAN FIALA: Well, they -- COMMISSIONER COYLE: -- except for those established by statute? MR. OCHS: Commissioner, if! might, the clerk makes these Page 72 October 27,2009 allocations by fund. And as Jack mentioned, all of the interest is coming back into the TDC funds but they're being allocated on a prorated basis among the seven different funds in the TDC category. So if the board wants to ask the TDC to make some recommendations, I believe the board will ultimately have to direct the clerk under the terms of your previous agreement with the clerk precisely how the allocation among these seven TDC funds will work. COMMISSIONER COYLE: Well, my position-- MR. OCHS: It's not difficult to do. The clerk just needs to know how you want it to work. COMMISSIONER COYLE: My position has always been that the TDC should get money back in a lump sum and let them decide where they put the money. That's what my preference would have been. MR. OCHS: All we have to do is get direction from this board to direct the clerk on how that allocation will work among these seven funds, and we can make that happen very easily. I think Commissioner Henning made a good recommendation, if the TDC will get together and make a recommendation to this board on where they would like the funds -- the interest allocated among these seven funds. Even if they want it to go all to one fund, and that would be advertising, we can do that on a consent agenda. CHAIRMAN FIALA: Did any -- and was that a motion, Commissioner Henning? COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: And was this a second? COMMISSIONER COYLE: I will second it, but you see the point is that the interest should follow the principal. MR. OCHS : Yes, sir. COMMISSIONER COYLE: Okay. MR. OCHS: And that's done on a fund basis by the clerk. COMMISSIONER COYLE: Okay. Page 73 October 27,2009 MR. OCHS: So each one of these are a separate fund. So the interest on the principal in each one of these funds gets allocated by the clerk. COMMISSIONER COYLE: Okay. And what that really means is, as your priorities change from one year to the next, we have to take action to direct the clerk to reallocate the funds in a different manner. All I'm suggesting is that what we should do is have TDC money, the interest earned offTDC money, returned to the TDC, and you can put it in any fund that you think is appropriate. But the TDC should have the responsibility for breaking that out and using it in whatever area they think they need it. CHAIRMAN FIALA: And that's exactly what you said, Commissioner Henning, right? So you're both saying the same thing. COMMISSIONER COYLE: Okay. If that's the same thing, we're in good shape. MR. OCHS: Yeah. All I'm saying is I will have that discussion with the clerk and ask him to tell me whether that needs official direction from the board or whether this general guidance is sufficient. CHAIRMAN FIALA: And the county attorney's already been looking at that for me, so -- do you have an answer for that? MR. KLATZKOW: Yeah, I'm okay with it because your percentages for the allocations are based on the tax itself, you know. It's not based on the interest. You can direct that the interest go wherever you want. But I think the key is, you have to direct the clerk where to put it. COMMISSIONER HENNING: Right. CHAIRMAN FIALA: Very good. And we have a motion on the floor and a second. Commissioner Halas? COMMISSIONER HALAS: In the -- in regards to this subject, I think that everybody that's involved in the different funding here needs to have a voice at the table so that it's done fair and square so Page 74 October 27,2009 we don't end up where a particular organization is not notified. So I believe that the discussion should be open and fair so that we can come up with some way of directing these funds where they're most needed, and hopefully everybody has a seat at the table. CHAIRMAN FIALA: Okay. And then we'll be bringing it back anyway; is that correct, Commissioner Henning? COMMISSIONER HENNING: Yeah. There's only one thing is public participation as we go forward on these items, Sue, and we've got all these other items that we need to do. And I guess if we could just ask if there's any particular person that would like to speak on this item. CHAIRMAN FIALA: And I see no hands. Okay. So we have a motion on the floor. Would you like to repeat your motion just for everybody's -- COMMISSIONER HENNING: My motion is to request the TDC meet and give us the BCC recommendations on the interest money on where they should go by the BCC's next meeting. CHAIRMAN FIALA: By the BCC's next meeting? COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: Jack, will we be meeting in time? MR. WERT: We meet November 23rd, so it would be your December meeting then that -- COMMISSIONER HENNING: Well, is that okay, Jack? I mean, you're okay with -- I mean, we've got the season right here. MR. WERT: Right, right. At this point the amount of money that's been deposited to date is not going to make an appreciable difference, so another month delay would be fine. That actually would give us another month of revenue to see where that -- so we can project what that might be for the year. COMMISSIONER HENNING: So the amendment would be at a future BCC meeting. CHAIRMAN FIALA: Okay. Page 75 October 27,2009 MR. OCHS: Commissioner, just real quickly. I don't mean to beat a dead horse, but I think the board could certainly direct, if they wanted to, the clerk to make that reallocation at some retroactive date in time, too, so you have that flexibility. COMMISSIONER HENNING: And I'm in favor of that, but I think public participation is the hallmark of good government. MR. OCHS: Yes, sir. COMMISSIONER HENNING: And if we get the TDC to weigh in on that, the recommendations here, I think they would -- we would all be on the same page. CHAIRMAN FIALA: Okay. And that was your second as well? COMMISSIONER COYLE: That's right. CHAIRMAN FIALA: Okay. Do we have any further discussion on this? MR. HENDEL: May I make a point, two points, please? CHAIRMAN FIALA: Yes. MR. HENDEL: Commissioner Coyle mentioned that we did not invite possibly the museum people before our committee, and we did. We had -- secondly, the interest recommendation was made before we found out that the Board of County Commissioners made the change in July. So when we made our recommendations on the interest, we did not know that you had changed it. So that actually, recommendation, shouldn't even be discussed because you guys made the change that we wanted. CHAIRMAN FIALA: We have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 76 October 27, 2009 CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good, thank you. Moving on to number three. MR. WERT: Thank you, Madam Chair. Number three is a $500,000 annual set aside -- that is set aside for the catastrophic reserves for our beaches, be redirected to our promotion fund number 184 for destination marketing. This would be for a period of two years, and that money would be exclusively used for advertising and promoting the destination. So we're talking about 500,000 this year, 500,000 next year, for a total of a million dollars. Back to Mr. Hendel's point, that was the objective of the subcommittee was finding, identifYing, a source for eventually a million dollars worth of funding, so this is a way to get to that. COMMISSIONER COYLE: Okay. We have three commissioners who want to speak. Gentlemen, would you like to hear the speakers first? COMMISSIONER COLETTA: Yes. COMMISSIONER HENNING: Yes. COMMISSIONER COYLE: How many people do we have to speak on item number three? Looks like five. COMMISSIONER HENNING: Come on up. COMMISSIONER COYLE: Would you -- do you have any indication as to who those people are? MS. FILSON: Just one. COMMISSIONER COYLE: Okay. Stand up. Mike Reagen is going to be the first speaker. John Sorey will be second. MR. REAGEN: Good morning, Commissioners. My name is Mike Reagen. I'm the president of the Chamber of Commerce. I would like to just make a couple of quick comments. The economy is hemorrhaging dramatically. I hope you understand that. The data as Page 77 October 27,2009 we look out is daunting. The situation that we're in is grim. No disrespect, but the next couple of years you're going to be facing tragic choices and you're going to have to reallocate resources dramatically, and there's no easy formula. I want to speak positively about the recommendations and the intent behind the Tourist Development Council. This is not for tourism, in all due respect to my friends, this is for the economy of Collier County, every aspect, including taxes and the income that you need to provide the services for the government. So this particular item, you've also got number eight and number ten, as well as the others, are very, very difficult for you, and, frankly, having been somewhat in your roles in the past in my life, I understand the difficultly that you're facing. I would just urge you, please, to focus on the bigger picture, balancing and refreshing and redirecting funds wherever you possibly can. I want you to know that the Chamber of Commerce, representing about 2,000 businesses here across the board, most of whom are having a great deal of difficulty, wish to be as supportive and helpful to you in these deliberations in the future. That's the point for the big picture. So thank you for allowing me to share that with you. MS. FILSON: The next -- COMMISSIONER COYLE: Madam Chair, Councilman John -- oh, she's not back yet. Okay. Councilman Sorey is the next speaker. MS. FILSON: And may I get your name? MS. GLORE: Erin Glore, Erin Glore. MS. FILSON: Okay. MS. GLORE: I'm an assoc- -- MR. OCHS: Next speaker. MS. GLORE: Sorry. MR. SOREY: Good morning, Madam Chair and Commissioners. Page 78 October 27,2009 For the record, John Sorey. I serve as chair of your Coastal Advisory Committee and also a member of the TDC. And to me, the strategic question we should be looking at is, should Collier County advertise throughout the year? I certainly support that. And if the answer that you decide is yes, then I think we need to put a plan together, how do we generate the resources to accomplish that? I have consistently voted as a TDC member to support tourism, which I think is critical for this county. I want to talk a little bit about the Coastal Advisory Committee. As I think you know, the committee voted to oppose taking funds and -- Madam Chair, I'm going to talk about both items so I don't have to get back up -- taking money from the beach accounts. As you've heard, both cities, Marco Island and Naples, sent you a letter opposing taking money from beach renourishment. I'm also concerned about the number of emergencies we've had as far as needing tourism dollars for advertising. Maybe we don't have enough dollars to do what we need to do in this activity. I'm also concerned about taking beach renourishment reserves, million dollars, $500,000 over the next two years. And as you heard earlier, there's about $13 million in that fund. What you didn't hear was that it costs more than $20 million to renourish our beaches. We have been directed by the commission to accrue $2 million a year, and that's what we're doing as per your direction. Also I'm concerned about reducing the commitment to the emergency fund. Yes, this year we were fortunate; we did not have any tropical storms. But we have three-and-a-half million dollars there. You directed us to go to 5 million. The issue about other communities and what tourist tax goes to, you have to look at apples to apples because also we're responsible for the inlets. So I'm going in back where I started. Do we have a plan to adequately advertise the tourism business in Collier County? I think Page 79 October 27,2009 that's the question you need to be looking at rather than taking 500,000 here or taking money from the museums, which I did not support. So I thank you for your time, but I think we need to look strategically, not incrementally. MS. FILSON: The next speaker is Erin Glore. Are there any other speakers on this issue? COMMISSIONER HENNING: Just come on up and stand next to the podium. MS. GLORE: Good morning. I'm an associate at the Marco Island Marriott, and I'm in support of my general manager, Rick Medwedeff. Through the past four months, I've been affected by the economy. My hours were extremely cut. I was asked to take an additional 16 days off in -- non-paid. This is very stressful, as I live on a strict budget, I have a substantial amount of student loans, as well as normal living expenses, and unfortunately I had an unforeseen incident last year that did affect me financially. Personally I am on the sales team at the resort, and I do see our numbers. I was part of, unfortunately getting the news of when we had to cancel, and I do see our numbers decreasing dramatically in 2010, and I'm concerned for my job alone, because there's always a threat that they may need to eliminate that. I ask for you to consider this because every day I worry about this. I have to look at my expenses on a daily basis and my hours. As a young adult, I'm in a career that I'm very passionate about. On a daily basis I'm selling weddings, to large conferences, and it's just stressful to know the fact that we have all these circumstances and to worry about my hours on the end and my wage and to know that it could potentially be gone. I am fortunate that I only have myself to worry about, and I know Page 80 October 27,2009 many fellow associates I do work with have families and many others to worry about, so I'm thankful for that. So I thank you for listening to us and taking the time to -- your support on this matter. (Applause.) MS. McFARLAND: Good morning. I'm Joyce McFarland, president of the Marco Island Area Chamber of Commerce and a small business owner in Collier County for 24 years. I'm here today representing 715 of our members, which represent approximately 8,000 workers in Collier County. The majority of our businesses on Marco Island are small, family-owned businesses that employ members of our own families and our neighbors. Opening a business on Marco Island was some people's lifelong dream. Weare proud of our community and employ local people. Our businesspeople and workers volunteer throughout our community . We support local charities and fundraisers, such as those for our museums. Annually we conduct a survey of our members to learn what they're thinking. This year a question we ask, which we ask every year, is how is tourism -- how does tourism impact your business? Eighty-eight percent of the respondents said their business was, in varying degrees, directly or indirectly affected by tourism. Marco Island is probably more dependent on tourism than other sectors in Collier County. It truly is our economy . We flourish only when our hotels and seasonal rental units are occupied with visitors. We know tourists spend in all of our business sectors, restaurants, shops, grocery stores, drug stores, charter marine or fisherman and marinas. The list goes on and on. The same survey that we do asks, what can we do to help your business growth? The answer's always the same every year, help promote Marco Island more. Well, our reserves don't allow us to be able to launch a marketing campaign that would do justice to our Page 81 October 27,2009 memberships. So we know the best way to achieve that is to join forces with the TDC and to support their campaign to market Collier County . So I'm here today to support the TDC's recommendations because our members recognize the need to attract more tourists, and boosting marketing is the answer. By now I know you're all cross-eyed at all the statistics and figures that you've had to digest to support the argument, but what is obvious is that we are being outspent by the other Florida destinations. They know the positive impact on -- tourism has on a community, and they know that tourism puts people to work. They know that tourism increases wages and helps reduce taxes. We cannot afford to continue to be outspent by these other counties. So what I want to say in closing is that business -- business hours are being reduced, as you've heard. Some businesses are closing their doors. This hit close to home this year when a business that was in my husband's family for 24 years recently closed their doors. Shopping centers and commercial properties sit vacant. There are empty properties throughout Marco Island and Collier County. In fact, this year alone four businesses in the shopping center that I do business in closed their doors. There's a shopping center on the East Trail of U.S. 41 that sits completely vacant, brand new buildings. Our -- until our economy strengthens, new business and growth will suffer. The cycle of decline will continue. We need -- a yes vote here today indicates that your district and Collier County community, it tells them that you are sensitive to the needs of the 31,000 workers here. Thank you very much. CHAIRMAN FIALA: Next speaker? (Applause.) MS. ZINN: Good morning. My name is Theresa Zinn.l'm a concierge at the Naples Grande Beach Resort, I'm also a member of Page 82 October 27,2009 the Southwest Florida Concierge and Guest Services Association. And basically I'm just here today -- well, first of all I want to thank you for giving me the opportunity to speak. I appreciate your time. I've never had a position as fulfilling as being a concierge, and I never experienced the hospitality industry before I moved to Collier County. And I just want to say that we here in the hospitality industry have an opportunity to influence a lot of people throughout the world, but if we don't get them here, then we can't influence them. We can't show them how beautiful we are if they don't know that our little corner ofthe world is paradise. So I just want to say that I feel that funding towards the advertising promotion of Collier County is important not only to the hospitality industry, but as it's been said here today, to all of the industries in Collier County. I have had threats -- not threats, but I have the fear that my hours as a concierge are going to be eliminated because, let's face it, in the hospitality industry, they can do without a concierge as opposed to food and beverage or somebody at the front desk or some of the other positions within the hospitality industry. But it's not just me. It's everybody. My husband lost his job. He's in the automotive industry. He was out of work for six months and then had to take a position that paid half the amount. So it's affecting me, my life personally, it's affected my husband's life, it's affected my associates who have lost their jobs. And it's just such an important thing that, as Mr. Hansen said, that we pay attention to those four principles of marketing. We have the product, we have the place, we have the price, but we really need to pay attention to the promotion. And our individual properties can put as much dollars into the advertising to promote our individual properties, but unless they realize how spectacular Naples and Marco and the Everglades are in Page 83 October 27,2009 the other corners of the world, then they're not going to come, and we're all going to be affected by that. Thanks for your time. CHAIRMAN FIALA: Thank you. (Applause.) CHAIRMAN FIALA: Next speaker? MR. BROWN: Madam Chairman, County Commissioners, my name is Alan Brown. I live on Marco Island, and I'm here representing the Marco Island Chamber of Commerce. I'm a business owner. I own the Island Garden Center. It's a business that's been on the island for 33 years now. And you might ask yourself, what's a garden center got to do with tourism and how do we get affected? Well, we rely on hotels. That's a big, big percentage of my business. They fill the hotels. They need landscaping, they need beautifying, and they call us, and we take care of that. We rely on local businesses on the island to beautify their outdoor operation. All of that has gone, and we are suffering tremendously. One of the reasons why I'm up here is because, for us, this is -- or for me this is crunch time, and after having a business or the business being around for 33 years, we decided early in September to liquidate the business, and we're closing it down the end of this week. There's going to be layoffs. I've got 15 staff right now. And by the end of the week, they'll all be gone. And I'm just asking you, please support the TDC bullets, what they're looking for. Even a business like mine where you think, well, it doesn't really affect -- tourism isn't really affected, we are. So I just wanted to bring that to your attention. Thank you. (Applause.) MS. HA YWOOD: Hello. My name is Patricia Haywood. I work over at the Bellasera. For me, if we have more tourists at our hotels, my hours will not be cut. I have had my hours cut. I have three Page 84 October 27,2009 children. I have -- during the time where my hours were cut, my car broke down, a bunch of thing was happening, a couple of the kids' birthdays and school was starting and things like that. So for me, it would definitely help me out a lot if we did bring more people to our hotel so that I can take care of my family and my bills and all these other things that come out that you not -- you know, you don't get to see that. They're unexpected stuff. So thank you. (Applause.) MR. NEAL: Good morning, Madam Chairman and Commissioners. My name is Charlie Neal. I'm the president of the Marco Island Association of Realtors. And I'm here to speak on behalf of the TDC proclamations, too, that we need to pass for the advertising dollars. I can tell you, if you took a poll in this room, how many of us came here as tourists initially before we bought? I bet all of us. And as Realtors, we're advertising all the time, and we understand that if the hotels are full and the condominiums are rented out, then that gives us an opportunity to bring more people down here for full-time or winter residents. And that's something that we need to make aware around the country and around the world that this is a paradise, and we need to bring all the dollars we can. We need to find ways to support that. And I think that this is a great advertising, that you need to do it year round. You can't do just the seasonal time. We -- our transactions as Realtors used to be nonexistent from April to October. I can tell you I've been very busy from April to October. We are now year round Realtors, not just part time. So we need to advertise year round and bring the people down to enjoy this paradise. And I thank you for your support. (Applause.) CHAIRMAN FIALA: Next speaker? Page 85 October 27,2009 MS. TOMBLIN: Good morning. My name is Charlotte Tomblin, and I'm here today as one of the 700-plus associates who work for the Marco Island Marriott. I have been with the hotel for a little under five years working in their banquet department. And for this year alone, this company's been my main source of income, like it has for many other families. The hotel and tourism industry, with the focus being on Collier County, has always faced extreme difficulties, as it is known for being a seasonal location. From my own experience, when we have been making the money between January and June, you put the excess into savings for the rest of the year. In past years, I have also maintained two jobs. But in late 2008, one of those jobs, also in the food services industry, dissolved. A private restaurant was not generating enough revenue, and the trend became much more apparent this year. In early 2009, we saw many people at our property alone laid off, and in my department we personally saw many groups cancel their meetings and functions with us due to the negative media coverage. We were advised to look for second jobs, but with unemployment already high, this was easier said than done. The jobs that do remain out there in this region, for me alone, I am not qualified for. Most of them being in the medical field. The overall year to date has had a huge impact on me and my family financially, and I am just one example. My hours at the hotel reduced dramatically and I began losing money. I was fortunate enough to pick up the occasional shift in other departments, but there were times when they didn't need people and they couldn't accommodate everybody who needed the work. For those who were not so lucky, some had to dip into their 401K, and others had to use their PTO, which, once that was all gone, they were basically not working and not getting paid. Some people I know claimed welfare, but others like myself Page 86 October 27,2009 didn't want to do that and couldn't do that. The struggles, however, are still there. The bills continue to come in, and on top of that, I am paying daycare for a little girl 19 months old so that I can work full time, as right now I am the breadwinner. Now, as I have already said, I am one example. Without the hard work, determination, and expertise of our own marketing department, I could today be unemployed and not here talking to you. I cannot stress to you how much we rely on the marketing of such a location, and it is vital to do so in order to restimulate the local economy and it's future success for business. I appreciate you for listening to me today, and I wanted to thank you for your time and effort into making this decision. (Applause.) MR. ELLIOT: My name is Gary Elliot, and good morning. I guess it's still the morning. I live on Marco Island, and I've been associated with the Chamber of Commercial now for several years. And Joyce, the president of the chamber, alluded to the survey that we run every year. We started that survey after Hurricane Wilma, and we asked the companies, are you dependent on business and et cetera, and she indicated the result, and they've been consistent for four years, about 88 percent. The second part of that survey though that is important, I think, today, and I think we're hearing parts of it here, is that every year we ask businesses, is your business up, is it down, or is it the same as last year? For four years in a row, most of our respondents replied, 45,50 -- 45 to 55 percent of them reply, business is down. That's for four years now, and I think we're seeing the results of that happening here. At the same time, we're all optimists. We always say, next year is going to be better, and so we still keep on working and keep on trying to make that business work. The first year after Hurricane Wilma, most people thought, well, business is down because of the hurricane. And the only people that Page 87 October 27,2009 were up at that time were service companies, plumbers, contractors, and the like who benefited from the hurricane. The second year that businesses were down, we started to blame it on the island, on the activities on 941 (sic) and -- 951 and 41. There was more stores, more Wal-Marts, more of everything else out there. Last year -- two years ago, we started to realize the national economy wasn't good, and we started then as a group of businesspeople cutting inventory, starting the layoffs, and doing those kind of activities. This year's survey though is really dramatic, and what's happening this year is because now it's -- you can only last for so long, and so now people are slashing prices to service. I call it value pricing, but really it's just cut the prices on everything, restaurants or food or clothing, or -- I guess even housing at this point in time. What we're finding as interior designers is, is that the people we worked with earlier, the young guys who had families to support are no longer in the area. Two of them have actually gone to Panama City. Must be a hot place down there for construction, I think, at this point in time. Others are -- one of our painters works part time at the Publix to make ends meet. We can tell that business is down because as soon as we ask for some re-upholstery or any of our craftspeople to do work, they're available within days to make that work happen. So you can tell that that is all coming to a crunch. I have a theory on the tourism when I was doing work earlier, that the tourists come -- the way I look at it, tourists come for a day or two, maybe a week and rent in the hotels and such. I then call the next level of people visitors. They come for a week or months. They stay for five months maybe. Ultimately they turn into the people who then buy the houses that then need the work done that we like to do. Then ultimately they buy a place, and then they retire here and bring their wealth with them. Some of the work I'm doing with the EDC shows Page 88 October 27,2009 that Naples area is -- 80 percent money comes from the wealth that's here. But on Marco Island, it really is a job-based economy on that, so I call it an economic ecosystem where the basis of that is from the tourists that come here. So I really encourage you to spend money on getting the tourists here. Thank you. CHAIRMAN FIALA: Thank you. Next speaker? (Applause.) MR. SIL YO: Good morning. My name is Gustavo Silvo, and I work for the Marco Island Marriott Resort and Hotel. I've been working for the tourism for over five years, and I am employed by the Marriott, a company regarded by its many as the highest standard in the hospitality and tourism industry. I know firsthand how hard the partners in my hotel work to bring tourists and visitors from all over the world to us. I have seen the effort every employee puts forth to make our city more beautiful and our economy more exciting to companies, organizations, families, and individuals. As we all can testify, the economy has been really hard on us. In my case, I am a sole monetary provider of my household. My wonderful wife is a hard-working stay-at-home mom who takes care of our three children, a five-year-old, a two-year-old, and an eight-month-old. My family relies on my job to put food on the table and keep a roof over our heads. Unfortunately, this has been a very difficult task to perform over the last year, as we have struggled to pay even the most basic of our family needs. Yet my company has gone to a great extent to help me keep my job and be able to provide for my family. With my position in the hotel, I have seen even the uglier side of this economy struggle, layoffs, and it's -- and that is one of the reasons that brought me here. I am here representing my family, my company, and over 700 co-workers, everyone with a struggle similar to mine, but I'm also Page 89 October 27,2009 representing the individuals who have been laid off and their families, the people that at this moment cannot meet their loved ones' needs. So I ask you, if you have the power to allocate the funds to help our local stores from closing and to help our neighbors to keep their homes and jobs, then I urge you to use that power, invest in our industry so that we, together, can show not only to our visitors but to our whole community that Florida is more than an amusement park, that it's also a paradise found, a destination. Do so and none of us here will ever forget it. Thank you. (Applause.) MR. WHITE: Tourism affects us all in many ways. MS. FILSON: What is your name? MR. WHITE: Oh, I'm sorry. Tom White. I'm a Collier County citizen. A month ago I traveled to Fort Myers for my daughter's softball game. The same weekend we had left, we had roughly three teams at our hotel scheduled to stay in the hotel, which is about 35 percent occupancy. Two days before we had left, the tournament was canceled. And while we traveled to Fort Myers and many teams decided to travel to Fort Myers instead of Naples, the Collier County -- city -- Collier County citizens that were to have been here and benefited did not. Fort Myers spends millions of dollars more than we do promoting tourism, and that's just a small example of how, by promoting tourism to other destinations, our hotels and our restaurants and our businesses have suffered because they've not come to this area. The Tourist Development Council requests for additional advertising, marketing, and promotional funds to promote Collier County tourism as needed at this time. The redirection of a few million dollars to promote Collier County in this state of emergency -- or not state of emergency -- in this current economic state is critical Page 90 October 27, 2009 with approximately $13 million at our disposal. There are more than ample reserves to restore beaches at the present time. By approaching the TD- -- by approving the TDC's recommendation, you have the ability to better assure Collier County's citizens financial stability and the financial stability of the community. The decision that you are about to make comes at a pivotal time and has a far-reaching effects on many of the Collier County citizens that you have heard from today. The timing of the decision is critical. Unlike past years, this year Collier County needs to be promoted year round and it needs to be promoted now. As you know, tourism is one of the main economic engines of Collier County, and this year it needs fuel. As a Collier County citizen, a Collier County business owner, and an employer of Collier County citizens like you have heard before you today, I feel strongly that additional moneys need to be spent to promote Collier County tourism. The declining economic tide Collier County is experiencing needs to be turned. We need to bring back the demand and we need your help to bring the demand back. Thank you. (Applause.) CHAIRMAN FIALA: Sue, how many speakers do we have left? MS. FILSON: Seven. CHAIRMAN FIALA: Seven. Okay. MR. GROVER: Good afternoon. My name is Vip Grover. I own an insurance agency on Marco Island, and believe it or not, insurance is also adversely affected by the drop in tourism. When tourism drops, less real estate gets sold, so obviously fewer insurance policies get sold. When tourism drops, the businesses that sustain themselves on tourist revenue, restaurants, retail stores, et cetera, have their business contract. As that happens, so does insurance premium, and, therefore, commission. So the cycles goes. Page 91 October 27,2009 Officially I'm here this morning representing the Marco Island Chamber of Commerce. In reality, however, I, along with all my compatriots, am here doing what you do. We are all here to represent the dreams, hopes, and fears of the residents of Collier County. In today's economy for many of our friends and neighbors, these dreams have turned to frustration, their hopes have begun to fade, their fears are becoming an unfortunate reality. Over the past months, weeks, days, and hours, you've heard story after story of organizations and individuals who, despite their best efforts, have been adversely affected, some more seriously than others, by the economic downturn being experienced not just here but everywhere. The good and bad of our local economy is that we are highly relying on tourism. That means that in order for our economy to thrive again, we need to make choices that strengthen the mechanism. We need to do what we can to control the cycle and make it work for our community. The bad news is that historically government has made choices that, while fine in a thriving economy, have put us behind in our fight to gamer the almighty tourist dollar in this down economic period. The good news is that you have an opportunity to help level the playing field. The good news is that history and research have shown that a tourist destination of choice will be influenced by what they see and hear. We have the ability and the means to effect a change in the behavior of to day's leisure travelers. We have the ability to take control of a situation that is in a declining cycle and turn it around. More than anything, the way to succeed in this endeavor, in any endeavor, is to establish what your options are and then choose the option or options that provide you with the best opportunity for success. We have such an opportunity. You have such an opportunity. The beauty of our governmental process is that our leaders are offered opportunities to make decisions that can change things, truly Page 92 October 27,2009 change things, opportunities to make the lives of their constituencies better. You have before you one of these opportunities. You have an opportunity to dramatically affect the lives of thousands and thousands of people. In addition to the proponents of the TDC recommendations, you have undoubtedly been besieged with pleas by other members of our community valiantly working for their causes, as they should. But I submit to you that our cause should be their cause. Without tourism, museums do not get visitors. Without tourism, our beautiful beaches get enjoyed only by a select few without money being generated to keep them beautiful. Without tourism, services provided by the businesses and government will at best dissipate, at worst disappear. Let's not forget that the money being sought by all groups is a direct function of tourism in our community, but with tourism as a driving force, the money generated will benefit everybody, businesses, employers, employees, casual members of the community and tourists. The Board of County Commissioners is, and I quote, responsible for providing services to protect the health, safety, welfare, and quality of life of citizens of Collier County. This comes directly from your website and is as close to a mission statement as I could find. CHAIRMAN FIALA: Thank you, sir. (Applause.) MR. GEAR: Madam Chairman, council members, my name is Bruce Gear. I'm from Marco Island, Marco Island chamber member. I'll be very brief. It is lunchtime. I think we need to take a look at the bigger picture. I've always thought in any community that I lived in that it behooves that community to take the best advantage of its God-given natural resources, and given the Southwest Florida location and our natural resources here, we all understand the ripple effect that the tourism industry has on the whole community. Page 93 October 27, 2009 And I think it's important that we advertise the fact that, you know, this is a very, very special place in the world, and we need to be out there in that world market and advertising and letting people know about Southwest Florida and all that we have to offer. Thank you. (Applause.) CHAIRMAN FIALA: Do we have other speakers? MS. FILSON: I have five speakers left, but I don't know for what . Issue. MR. STAROS: I do have a comment. CHAIRMAN FIALA: Are you a registered speaker, sir? MR. ST AROS: I am not, but I can be real quick. MS. FILSON: Some of them haven't-- CHAIRMAN FIALA: Oh, boy. Well-- MR. STAROS: Nope? All right. CHAIRMAN FIALA: We -- we just had registered speakers. Okay. MR. ST AROS: Fine. MR. HILL: I'll yield my time to somebody. I am a registered speaker. MS. FILSON: And your name, sir? COMMISSIONER HENNING: Clark Hill. MR. STAROS: Good afternoon. I was going to say good morning. I'm sorry I was late for the meeting. I had a dentist appointment. I just -- I brought a -- two payrolls. This was the payroll of week -- COMMISSIONER COYLE: Name? MR. STAROS: -- October 16,2008, and this is the payroll of October 15,2009. On October 15, 2008, I employed 1,296 employees; one, two, nine, six. On October 15,2009, I employed 1,063, which means in that 365-day period, we're down 233 employees, most ofthem in your district, Mr. Halas. And the reason why we're down 233 employees to Page 94 October 27,2009 where we were a year ago today is because of the downturn of business that you've been hearing about all day. So that was a statistic, I thought I should leave you with that thought. CHAIRMAN FIALA: Thank you. (Applause.) MS. KLINOWSKI: Good afternoon. Chairwoman Fiala, Commissioners. Michele Klinowski, speaking on behalf of the Greater Naples Chamber of Commerce and the Downtown Naples Association, which is a division of the Chamber of Commerce. These are all very difficult economic times. And our tourism industry is one of the largest, but it's not just the tourism industry that's affected by the lack of tourists. There is a trickle-down effect that affects everywhere from the restaurants to the retailers to even printers who provide the materials, the collateral materials that the hotels and the restaurants use, as well as the food suppliers. To date, as of August, I believe the unemployment rate is already up to 12.6 percent and is expected to rise. That represents over 18,000 people that are local residents that are unemployed in our county. There's also an effect on the local real estate market. Most of us were tourists before we came here, and then we became taxpaying citizens. We have over 10,000 foreclosures in the past year. More tourism means more people buying real estate and helping to eliminate that foreclosure process. More people who stay employed means there's less potential of foreclosures in the future. You have a great opportunity and difficult decisions to make. We encourage you to support the remaining recommendations that the TDC has submitted. We will do everything in our power as the chamber in the Downtown Naples Association to assist you in any way possible. Thank you for your time. (Applause.) Page 95 October 27,2009 CHAIRMAN FIALA: Thank you. Now, Commissioners, it's lunchtime. Looks like we don't have any more speakers. MS. FILSON: I have three, but not on this subject. CHAIRMAN FIALA: Three more. You want to call their names? MS. FILSON: Dotty Henderson? UNIDENTIFIED SPEAKER: Gone. That was museum. MS. FILSON: Ernie Bretzmann? UNIDENTIFIED SPEAKER: He had to leave. MS. FILSON: Theresa Zinn? MS. ZINN: That was me. CHAIRMAN FIALA: Okay. Commissioners, I'd love to finish this item, number three, and then go to lunch, but if you would prefer to go to lunch first, you need to let me know. COMMISSIONER HENNING: No. CHAIRMAN FIALA: I know a couple people -- that's okay? COMMISSIONER HENNING: Yeah. We need to let these people know where they stand. CHAIRMAN FIALA: That's the -- I agree with that, but I just -- I didn't -- I know we have a couple people that need to eat at certain times, otherwise they're going to fall down here. All righty. So now I have five speakers as far as the commissioners go. Commissioner Henning, you're the first. COMMISSIONER HENNING: Yeah. You know, I think this is going to be the most single important issue that we deal with this year or action that we deal with, and if we don't get it right, I'm very, very concerned. It's not about -- it's not about new jobs. It's about retaining jobs. It's about hours (sic) of people who depend on us as we depend on them. Rick Medwedeff shared with me his PowerPoint presentation, and what's really out -- that stands out to me is the group, like he said, the AIG folks that were criticized and hammered in Washington, D.C., Page 96 October 27,2009 and throughout the whole country are not doing their meetings. And the Ritz, only 20 percent -- you let go only 20 percent from 2008 to 2009. MR. STAROS: Eighteen percent exactly. COMMISSIONER HENNING: I mean, that's commendable, because if the group is down 32 percent, you're still trying to retain everybody you can. MR. STAROS: And I'm paying 100 percent of health care even though they haven't earned enough. CHAIRMAN FIALA: We really can't be talking from the audience. Thank you anyway. MR. ST AROS: I'm sorry. COMMISSIONER HENNING: And I know it's tough to take away from commitments of beach, but I can tell you, if we don't stabilize, at least try to stabilize at least one sector of workforce here in Collier County, that's it. We're not going to stabilize beaches, moneys for beaches, future, museums, or anything else. And yesterday I had a visit from a Naples chamber member who wasn't in the tourist business. He was in the real estate business. And he shared with me, this is one of the -- this is very important to that industry because, like it was said and like all of us here, we all came from someplace else, except for Jacob Winge who was born here. The -- most us did that because we were guests. We came down here some way as a guest, either a family member, friend, or visiting in a hotel or motel. You know, I just -- I really urge my colleagues to make this tough decision for two years, and let's try to stabilize some sort of economic needs in Collier County. CHAIRMAN FIALA: Thank you. I have to agree with you. (Applause.) CHAIRMAN FIALA: I have to agree with you, and as chairman of the TDC this year, it was -- it was very interesting to watch what happened when advertising kicked in. A year ago when the business Page 97 October 27,2009 started dropping off, the group business started dropping off and the hoteliers came to the TDC and said, you know, you need to help us, our group business had died -- and of course, that happened because our economy died, and in so doing, the larger companies had to cut back on their luxury items. And so, the TDC, or the CVB actually, Jack Wert and his group, went out and found some emergency dollars and used them immediately. And two places they advertised were England and Germany. And in three weeks' time this is -- this is how fast they saw it. In three weeks' time, they saw the result of that advertising immediately. And our European business was up 32 percent; 32 percent because of the advertising. Come January, and again, the hoteliers were saying, we're still down. You know, this is helping a little bit, but we're still down. And so, the CVB jumped in again and found $500,000 and moved it. They knew that there was a brutal winter taking place in the north, so they threw those advertising dollars into Chicago and New York, and this time within two weeks the hoteliers actually saw the result of that advertising. So it does work. And I just want to tell you, I've been very blessed to be chairman of this TDC this year and watch to see the successes that they've -- that they've enjoyed even in this down market. So I have to agree with you, Commissioner Henning. Commissioner Halas, you're next. COMMISSIONER HALAS: Thank you very much. I'd like to hear from Gary McAlpin in regards to possible funding for the TDC. Is there ways of funding this without getting into beach renourishment funds? The reason -- the reason is, is that years ago the citizens of Collier County voted for funding to renourish their beaches, and I think we were at one time about 60 percent. Now we're down to 40 percent or 50 percent, somewheres in that category. Page 98 October 27,2009 If there's some way that maybe we can address this, a million dollars the first year -- and I'd like to see some transparency in regards to how much funding the hoteliers themselves have put into this effort along with the TDC dollars, and I'd also like to see transparency in the sense that if we go forth on the million dollars, that next year they come back and give us a report of actually how many heads we put in the beds. I think that's only fair so that we can then move forward as far as additional funding maybe for the following year. But my concern right now is, we were very fortunate. Mother Nature looked down on this year and blessed us with the fact that we didn't have any storms. And we've got about another month to go, and hopefully the windy season will be over. But I think that we have to make sure that we're doing due diligence here. I wish that the people at AIG that are taking the hundred million dollars would come down here to Naples and spread around about $50 million and some of these other bankers up there in Wall Street that took down the financial system worldwide. I -- leaves me with a bad taste every time that I read about these people that did this to all of us and put a lot of people out of work. People are struggling now, and we end up with this idea that these people should be rewarded for what they -- what they've done to this economy and basically this nation. And as all of us know, the unemployment figures are probably going to continue to go up. I think nationwide we're probably looking at 10 percent or better. As was stated here, we've got 12 and a half percent. The big problem is, the reason that I want to make sure that we're doing the right thing here with the million dollars for the first year or whatever we decide to come up with, is that I want to make sure, as I said earlier, that we know how many heads go into the beds, that's __ the improvement is -- because let's face it, there's an awful lot of Page 99 October 27, 2009 people that would love to come down here to this community but they just can't afford it. And what I mean by can't afford it, they're worried about even if they can keep their homes up north. And there's a lot of people that would like to come down here and probably move down here, but the problem is, they can't sell their place up north to move down here in this climate. But -- but saying all of this, I guess the end result is, Gary, if you could give -- enlighten me in regards to where we are on how we can get where we need to go here to get the advertising dollars that's needed here for the tourist industry. MR. OCHS: Commissioner, before Gary answers that question, I'm not sure that's really a question for Gary to answer. He can certainly tell you how much money he currently has in the beach renourishment fund and in the emergency reserve fund for beach renourishment, but the policy decision, if you will, about whether you want to reallocate that is really for the board. He can tell you what kind of shape the beaches are in or what's coming up over the next several years if you'd like him to comment on that. COMMISSIONER HALAS: But I think we also are going to probably hopefully get some funding from the federal government from FEMA? MR. OCHS: Yes, sir. We're in the process -- COMMISSIONER HALAS: So I guess that's -- that's where I'm at at this point in time. MR. OCHS: Gary, if you'd talk about the FEMA. COMMISSIONER HALAS: And find out ifthere's money from FEMA that we can use instead of taking from the beach renourishment fund. MR. OCHS: Now I understand, yes, sir. COMMISSIONER HALAS: That's my concern. MR. OCHS : Very good. MR. McALPIN: For the record, Gary McAlpin, coastal zone Page 100 October 27, 2009 management. Commissioner, we have -- as a result of Tropical Storm Fay last year, we have FEMA funds that have been appropriated for Collier County to renourish our beaches for the storm damage effect that Tropical Storm Fay incurred. We have about 175,000 cubic yards that they're going to pay for for the Naples beaches and about 50,000 cubic yards that they will pay for for the Marco Island beaches. Now, they -- and that's about $12 million as we look at it at this point in time. They will not pay everything. They will pay a 75 percent match. So in effect, for both Marco and the City of Naples, we have -- we will pay 8 -- they will pay $8 million and we will pay $4 million, and that will be used for the next time we renourish -- we renourish our beaches. So we do have those funds as a commitment right now. In addition to that, we are working with FEMA to try to get as much funds as we can from past storms, for Tropical Storm Gabriel, Wilma and Katrina, and we have not heard about those debt funding requests yet, but we are working as hard as we can to secure additional fundings to help with our beach renourishments. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, thank you. Don't go away, Gary. I want to get into this discussion just a little bit more because I want to do whatever we can do to try to move this forward as far as the tourism goes and the funds for it. Thirteen million dollars is presently in the fund, correct? MR. McALPIN: We have -- we have set aside $8 million for major beach renourishment at this point in time, and we have set aside $4 for emergency reserves. We have a total of $12 million that we have in both reserve accounts that have been set aside for those two activities. COMMISSIONER COLETTA: Okay. Now, 12 million. And how much would you need for an average event? Someone mentioned Page 101 October 27,2009 $20 million. MR. McALPIN: Well, when we renourish the beaches, if we renourish them to the extent that we did last time, it's a $20 million activity, if you would. And it could be more, it could be less. Costs are going up, so it's probably going to be more when we renourish it agam. COMMISSIONER COLETTA: Well-- then the question would be, is the difference between 12 and 20-plus, can we go out and bond that money or do something to be able to get that money? Where would that money be able to come from? I want us to know going into this truly knowing what we're up against so that if we go ahead and we start spending down that reserve and we do run into an event, we don't have any doubts within our -- within the industry, within the community exactly where we stand and where we're going to be if that does happen. MR. McALPIN : We have -- we have not looked at -- other municipalities have looked at the possibility of going out with a bond to -- for beach renourishment. We have chosen not to do that. Quite frankly, we did not believe that those were available -- get funding to put sand on the beaches, so to speak. That's certainly something that can be looked at at this point in time. We've never looked at that prevIOUS. COMMISSIONER COLETTA: And I understand. Maybe Leo can answer the question better. MR. OCHS: Yes, sir. COMMISSIONER COLETTA: What my concern is, Leo, is everything is a balance of risk. Everything you do in life, you assume a certain amount of risk as you go forward. We take insurances out to cover certain risks, but we can't cover everything. At what point -- where are we covered here? What can we do to be able to make up a deficiency if we start this -- and we're going to have to do it for probably two to four years, draw this fund down to be Page 102 October 27,2009 able to make it work. Where are we going to be if we do, during that time, get a 20-million-plus event and we have to cost the difference? Where can we get those funds? MR. OCHS: Well, Commissioners, I understand the proposal from the subcommittee. They're asking for $500,000 for each of the next two years from your major beach renourishment reserves. Now, those reserves are allocated $2 million of TDC revenue each year. So they're asking to have $500,000 redirected. A million and a half would still come into the reserve account for beach renourishment. COMMISSIONER COLETTA: Yeah. And don't get me wrong, I'm going to vote for it. I just want everybody to understand where we're going to be at the end of the day if we have a major event out there. Spell it right out the way it is just so we know. MR. OCHS: Again, you have $4 million in your reserve account right now. COMMISSIONER COLETTA: Right. MR. OCHS: They're not suggesting that you redirect any of that. They're looking -- going forward, okay. Both on that, and you have $8 million, as Gary suggested right now, in your renourishment reserve. You also have FEMA reimbursements already committed, Tropical Storm Fay that Gary spoke about. And again, we expect in the spring of 20 1 0 to get some confirmation from FEMA on another round of reimbursements for those prior storms that he mentioned, hopefully in the area of $1 0 million. COMMISSIONER COLETTA: So you're-- MR. OCHS: If that comes through, I think you will have the funding and the flexibility to deal with disasters or emergencies that may come up over the next few years and still stay on track to do your next scheduled beach renourishment, which is in the 2015 to 2016 range. COMMISSIONER COLETTA: Okay. So you're saying the risk Page 103 October 27,2009 is minimal and it's -- we can take it on without serious concern? MR. OCHS: Well, sir, what I'm suggesting is that if you want to try to do something along these lines, that you may want to consider a million dollars that was requested for one of the first two years, then you could see next year if the -- if the reimbursements do come in from FEMA and you could look at some of the results of the advertisement that comes in to see how many heads actually do increase into the hotels, and then we will know better next year at this time -- COMMISSIONER COLETTA: Okay. MR. OCHS: -- ifthe funding did come through for FEMA, and you should have more data from Mr. Wert on how the million dollars for this year translated into more heads in beds. COMMISSIONER COLETTA: I see what you're saying. In other words, that gets us to where we need to be -- MR. OCHS: May want to take them incrementally. COMMISSIONER COLETTA: Commissioner Halas's suggestions. MR. OCHS: Instead ofa two-year commitment, make a one-year commitment and then see where you stand again next year. COMMISSIONER COLETTA: Okay. MR. McALPIN: Commissioner Coletta, if I may, on our last renourishment, if you look at that as an example, we were not able to accomplish the renourishment with the funds we had in place. What we had to do is pour -- pull funds in from DEP and FEMA in order to be able to do that. So if the funds from DEP or FEMA are not available moving forward, then the issue becomes, then we have to prolong our beach renourishment. And that's the reality. We don't know that at this point in time. We know we have some funds available that -- for Tropical Storm Fay, but if we have a major storm or we have a major beach renourishment and those funds aren't available, then we would need to Page 104 October 27,2009 postpone or cut back on the amount of renourishment that we do. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN FIALA: John, we don't usually take speakers from the floor, but I'll give you one minute. MR. SOREY: Okay. It's just to address Mr. Coletta's comments. You know, the reality is, if we don't have beaches, we don't have tourism. Now, what our charge from the BCC was to develop a plan to be able to renourish the beaches. We have a plan to renew the beaches 2015, and we are accruing money to accomplish that. We don't know what the future's going to be ofFEMA or DEP. So what we've tried to do is put together a plan and a budget to accomplish our tasks to renourish the beaches. So that's the risk that you raise. I'm all for the extra advertising as I said earlier. I think it's a question of where the dollars come from. Weare at risk if we use this money. We could have a major tropical storm next year. We know it takes months or a year to get FEMA money back. We've got to be able to renourish the beaches immediately if we have an event, and that's the risk you take, Mr. Coletta. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: First I would just like to address the general, general issue. The stories we've heard from you today are not new to us. We understood this long before it ever impacted you this badly . We noticed the impacts starting in late 2007 on us because we derive a lot of our revenue from what you do. Gas taxes started trailing off, sales taxes start trailing off, property taxes started dropping. We knew this was coming and we began to take actions long ago. We could fill this room with hundreds of government employees who have been terminated. We're down 450 employees, which is about 25 percent, and some of those employees certainly are among the ranks of the 1,000 or so foreclosures that are Page 105 October 27,2009 occurring in our county every month now. It is a bad situation. We understand your concerns. And we -- we have a slightly different goal than yours. Some of you are trying to just survive for the next month or the next quarter or the next year. We have an obligation to the community to plan for the long-term and be prepared for the disasters that people have been talking about. But the 900-pound gorilla in this room is the economy, and I-- there has not been a single economic recovery program that we have approached in the last two years that has solved that problem, and I don't think that there is any amount of money we can allocate that will solve this problem. We might mitigate it to some degree, and I'm certainly happy to do that. But I -- it's impossible in my opinion for the commission to make a decision on this item number three without also considering the funding requests in item number eight and item number ten. And we need to understand the implication of those. For example, there is a request for $350,000 of unobligated funds for fiscal year 2009 to be transferred to marketing fund 184. Well, is that already in the budget? Because it's our common practice to carry forward those moneys from one fiscal year to another if they're unused. I don't have the answer to that question. I also believe that your concern is immediate. You want some immediate results. You want to do something that's going to impact the tourism business this fiscal year, which started October the 1 st. So we need to do something for you that's going to have a fairly rapid beneficial effect. I don't see that making a decision today about two years of marketing expenses achieves that goal, nor does it focus our attention on the next 12 months where I think it's important that we focus our attention. So I would suggest that we do approve increased funding for Page 106 October 27,2009 marketing, advertising, and ask that it be done immediately, that we start advertising now, and in the spring, we will know if we were successful in getting this money from FEMA. Ifwe haven't gotten the money from FEMA, we will be restricted somewhat in what we can fund beyond that. Now, I won't go too far with this, but there are two segments here. One is to continue advertising the brand. You don't want to just write off the corporate business. You want to continue to advertise that brand over the long-term, although I don't think you'll get much additional response in a short-term, but also begin to generate more advertising for the leisure business to get some more immediate results, and I think that will payoff. So what I would like to do is, if we could avoid raiding the beach renourishment funds and use the other funds that are available, we can at least duplicate the -- what is called the highly successful plan that occurred in 2009 and probably find additional funds through the interest allocations that will maybe provide up to another million dollars. So I think there are ways that we can get through the spring of next year with a fairly aggressive advertising program, and I would be very happy to support that. But once again, I will say to you that there's a funding request on item number three for $500,000 for two years, there's a funding request on number eight for $500,000 for two years from the beach renourishment fund there, and then there is a request for $750,000 from the emergency tourism advertising fund. I have no quarrel with that, supplemented with the $350,000 in excess unobligated fund balance from 2009 to transfer to Fund 184. So I don't understand why the $350,000 isn't already transferred, okay. If it was unused from last year, why isn't it a carryforward? MR. ISACKSON: Commissioners, for the record, Mark Isackson with the office management and budget. You've got moneys in Page 107 October 27,2009 different buckets, I guess, right now, is the best way to explain it. In Fund 184, which is the tourism marketing and promotion, it's where that fourth penny that you approved is housed, the -- that's one bucket. Let's set that aside for a second. Then you have the emergency advertising fund, which is 196. COMMISSIONER COYLE: Don't do that to me. Let's stay with the $350,000. I know exactly what it is and where it goes. MR. ISACKSON: All right. COMMISSIONER COYLE: It was unextended in fiscal year '09. Why isn't it just carried forward to fiscal year '1 O? MR. ISACKSON: What's happening -- what happened, Commissioner, is the actual carryforward, the actual fund balance, the beginning fund balance in Fund 184, is higher than what the forecasts of our budgeted fund balance was. So we have to come to you and recognize that difference, and then you can use that money as you see fit. That's all that -- that's all that paragraph is intended to say to you. COMMISSIONER COYLE: Then tell me what is the amount of money that will be -- that could be carried forward. MR. ISACKSON: Roughly the $350,000 figure. COMMISSIONER COYLE: The $350,000. So I would vote in favor of that in a heartbeat, okay. Let's just move it over, it was in the fund, it's TDC money. Let's get it to them. And the $750,000 of emergency advertising, absolutely no problem. Let's do it. CHAIRMAN FIALA: Well, you want to make a motion on those two right now? COMMISSIONER COYLE: I could, but that jumps ahead of item number -- CHAIRMAN FIALA: I understand that, but you're talking about it now, so -- and it's -- that's a simple one, so just do it. COMMISSIONER COYLE: Okay. I make a motion that we approve the carryforward of the $350,000 in excess unobligated fund Page 108 October 27, 2009 balance money from FY09 to FYI0 for marketing Fund 184, and also I would recommend the use of $750,000 from the emergency tourism advertising fund in Fund 196. CHAIRMAN FIALA: Do I have a second on that? COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. Motion and a second. Any discussion on those two items? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: 5-0 on both of those. COMMISSIONER COYLE: Now, that leaves us -- (Applause.) COMMISSIONER COYLE: Yeah, but now you're going to boo, okay? All right. Here it comes. The items on number three and number eight are taking money out of the beach renourishment reserves, and I would say to you that with the total of $12 million in beach renourishment reserves, we probably have close to 50 percent of what we would need if we were hit with a hurricane next year, next summer. So I need to feel safer about that before I start to take a million dollars out of that fund. So what I would ask the representatives here, since you asked for money for a two-year advertising period, would the one million dollars that we just talked about be enough to get you through the spring of this year? CHAIRMAN FIALA: No. Page 109 October 27,2009 COMMISSIONER COYLE: Of this next year? CHAIRMAN FIALA: No. COMMISSIONER COYLE: I heard some yeses and I heard some nos. Okay. CHAIRMAN FIALA: Now, let me go on to some of the other commissioners, and then we'll get back to you, Commissioner Coyle. COMMISSIONER COYLE: Okay, all right. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. While we're discussing this whole thing, the one thing that kind of concerns me is that -- the creation of a new position called information center corridor -- coordinator -- excuse me -- we're going to now get the Chamber of Commerce involved in paying some of their funds. And I think with the 2,000 businesses, that I would hope that they would be able to come up with the funding instead of coming to the government and asking us to fund this position. Because once that takes place, we'll never get that position eliminated. And it says here that we even have a hiring freeze. And I think that the -- instead of tourism paying for this, I think -- that's $44,000. I realize it's only that, but I really think that the chamber has -- the chamber has an obligation to hopefully get their members to put in a small amount of money to take care of this, because I -- I don't want to see us grow government more than it is. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. Let's try to stay on target and try to get this done. Jack? MR. WERT: Yes. COMMISSIONER HENNING: How much are we short now for the goal for this year based upon the board's recent action? MR. WERT: The way we stand right now, in current revenue in our budget, we have allocated $2.1 million for marketing and Page 110 October 27, 2009 advertising. With the action that you just took on that item number ten, that effectively gives us an additional million dollars there, takes us to 3.1 -- 2 -- yeah, $3.1 million. That basically will replicate the program that we did this past year using current revenue and emergency dollars and that carryforward. That will give us a program that we would start this fall. And I agree with what you're thinking, that we really need to jumpstart this now and start in the fall to drive season, come back in the first quarter. That money would basically take us to May. COMMISSIONER HENNING: Okay. MR. WERT: What we were looking for in additional dollars then would take us to May, August, maybe into September as well. The full million is what we would need to take us to 4.1 million basically. COMMISSIONER HENNING: Well, does it make sense to do it, or can you do it, you know, come back in April or -- actually April, and let's see where we're at, see what else we need to do? MR. WERT: Well, we certainly could do that. Basically that's what we did this year. We spent the money early this year in the first two quarters. That paid off very well. We came back and asked for additional dollars from the emergency reserve. So somewhat the same. COMMISSIONER HENNING: But it you're successful -- MR. WERT: Yes, sir. COMMISSIONER HENNING: -- and I know you're going to be. How successful? That's wait and see. Maybe there's little to no further action that we need to do in April to get you through the summertime; is that a fair statement? MR. WERT: The only concern there, Commissioner, is using that $750,000 out of emergency reserves. We continue to go after that basically non-reoccurring dollars. And at some point that emergency fund for advertising is not going to be there. It's depleted from where we wanted it to be. So that -- yeah, that works this year, but it -- beyond, it really doesn't, and so that's why this additional two funding Page 111 October 27,2009 suggestions from the TDC were to fill in that for another two years, let us get back to where we think the economy needs to be. Even the return on our investment has gone down in the last year because rates are down. People are not spending as much when they come here. So we've got to get back to where the economy's good and we can all then deliver even better results than we have in the past. This certainly helps. I think a few additional dollars will get us through the balance of the summer, and that's what we've been showing the TDC all along is those dollars we spent this summer beyond May really did payoff. It got Floridians traveling. Our Florida numbers are up over a year ago. As bad as the economy is, people are traveling. But it was that advertising and promotion that paid off. We can see it in jumps and spikes in our website. It happens immediately when we run adds, so -- CHAIRMAN FIALA: But Jack, I think what you haven't mentioned, and I don't think the board is aware of this, is that you're going to expand that advertising into some new locations, and that is what you wanted these extra dollars for. You were going to go -- MR. WERT: With the additional dollars. CHAIRMAN FIALA: -- into Pennsylvania, to Ohio, Boston; aren't those correct? MR. WERT: Yes, that's -- that is correct. In this summer, just this past month, we saw an increased interest in Philadelphia, in the Washington area and Boston, areas that we're not necessarily advertising in except on the Internet. We definitely are hitting them there. So there is some interest. And yes, those markets of opportunity, we can go in and really concentrate a little more on those if we have these added dollars. And in this case, from other than just our emergency reserve. And I think it's important -- COMMISSIONER HENNING: Well, let me just say with that-- CHAIRMAN FIALA: Okay. Page 112 October 27,2009 COMMISSIONER HENNING: -- with your clarification and question, I think it helps me out quite a bit. I'm feeling more comfortable that we need to give that direction now on number three for one year, Commissioner, not for two years. I think Commissioner Coyle, Commissioner Halas made a very good point is okay, so show us how it's going to work that first year, and so I'll make that motion. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: I'll second that. CHAIRMAN FIALA: And a motion -- COMMISSIONER HALAS: The transparency that they'll come back and show us how many heads they've put in a bed, yep. I think it's only fair. CHAIRMAN FIALA: Okay. So I have a motion on the floor to approve item number three by Commissioner Henning and a -- for one year. COMMISSIONER HENNING: Right. CHAIRMAN FIALA: And a second by Commissioner Halas. Commissioner Coyle? COMMISSIONER COYLE: Wouldn't it -- wouldn't it make more sense to do it for the next two quarters so that we would have an opportunity to see what amount we got from FEMA? And if we got sufficient money from FEMA to make us feel comfortable with the beach renourishment reserve, we could then approve the entire additional amount of money for continued advertising? COMMISSIONER HENNING: Well, let me answer that. You know, coastal zone management is the only department that I know is forecasting their costs to go up. Everybody throughout the whole nation, the costs are going down dramatically. For some reason we're -- our costs are going up in this department. Now, there are other things that you can look at in coastal management besides beach renourishment. You've got coastal projects in there that we don't have to do. That is not a necessity of government Page 113 October 27,2009 to do that. Now, the beaches is something that we all enjoy. So, ifit becomes a problem within coastal zone management, there are other ways to skin that -- I shouldn't say skin that cat. I'll get all the animal lovers after me if I did that. MR. WERT: Don't go there. COMMISSIONER HENNING: The lizard. Skin the lizard. COMMISSIONER COYLE: It's still an animal. CHAIRMAN FIALA: Okay. So now -- oh, I have a motion on the floor, and I have a second. And -- COMMISSIONER HALAS: Question? CHAIRMAN FIALA: Yes, sir. COMMISSIONER HALAS: In this motion that we're going to vote on here, where -- and the money is coming from where, FEMA? COMMISSIONER HENNING: No. MR. OCHS: No, no, no. COMMISSIONER HALAS: It's going to be reimbursed when we get the FEMA; is that correct? MR. OCHS: This is-- COMMISSIONER HALAS: FEMA payment. MR. OCHS: You're talking about an -- allocating $500,000 for one year from your beach catastrophe reserve, Fund 195, for -- CHAIRMAN FIALA: But don't we get $2 million, and of that $2 million that goes into that fund, we're only taking a half a million; is that correct? I think -- MR. OCHS: No, ma'am. You get a half a million a year into your catastrophe reserve fund. You get 2 million a year into your beach renourishment. CHAIRMAN FIALA: Oh, okay. I'm sorry. I got them mixed, excuse me. MR. OCHS: That's Item 8. CHAIRMAN FIALA: Okay. Page 114 October 27,2009 MR. OCHS: So that's the motion, $500,000 for one year. COMMISSIONER HALAS: Then they come back and tell us-- we get the -- find out what the figures are, what the percent of increase in residents or people that came down here to use the hotels. COMMISSIONER HENNING: Right. CHAIRMAN FIALA: And hopefully we'll get extra tax dollars, bed tax dollars in because of that that will go back into replenishing those funds. So yeah, there's a positive here, too. (Applause.) CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. And we have the county attorney who's trying to get my attention desperately. MR. KLATZKOW: You have a Florida statutory requirement that this be done by changing the ordinance. So as part of your motion, direct staff to bring back -- to advertise and bring back to the board a change in the ordinance to enact this. COMMISSIONER HENNING: Yeah, that's always been my understanding. CHAIRMAN FIALA: And yours, too, right, Commissioner Halas? COMMISSIONER HALAS: I'm concerned if we change the ordinance, are we going to be able to change it back in two years if the economy gets better? I don't want to end up where we end up -- this is now a given, and all of a sudden we start losing funds for beach renourishment. COMMISSIONER HENNING: You just do it for one year. MR. OCHS: Yeah. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Just for one year, okay. Everybody's under -- everybody understands, right? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. Page 115 October 27,2009 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: That is a 5-0. (Applause.) COMMISSIONER HENNING: Take a lunch, take a lunch. CHAIRMAN FIALA: Okay. Now, at this time we're going to go take some lunch. We'll be back here at two o'clock, okay. I know you might be disappointed, Leo. What do you want? MR. OCHS: We've got another time certain at two, so just remember. CHAIRMAN FIALA: Well, we have to finish this one. (A luncheon recess was had.) CHAIRMAN FIALA: Would everyone please take their seats? And before we -- before we get right back into the tourism subject that we've been discussing, I didn't realize -- I just learned this a few minutes ago, that award we gave to the solid waste people this morning, it was the only one in the country that was awarded. Our people were the only ones in the country, and I just wanted to say something. I wanted that on the record. (Applause.) COMMISSIONER COYLE: That's because our staff made it. CHAIRMAN FIALA: Oh, they made the -- COMMISSIONER COYLE: Yeah. CHAIRMAN FIALA: Okay, Jack. And for the people who are here for the two o'clock time certain, we're running a little bit late, so you're going to enjoy this part of the meeting. Just sit back and enjoy. COMMISSIONER COYLE: Oh, really? Page 116 October 27,2009 MR. WERT: Thank you, Madam Chair. We left off -- I guess number four would be the next item. This recommendation was kind of a joint effort at the time the subcommittee met. We know that there is a number of rentals out there in Collier County, whether it's condominiums, private homes, whatever, that mayor may not be currently registered to correct the tourist development tax for short-term rentals, six months or less. So the direction was in -- for staff to look at ways to work more closely with the Tax Collector's Office, possibly with code enforcement, to see how we might improve that compliance with the tourist tax ordinance. And so the recommendation was -- and I actually have met with Larry Ray and his staff. We have looked at a number of ways to, perhaps, improve the situation. The Tax Collector's Office does feel that they have sufficient staff to continue to enforce this, so they don't think that a position is necessary there. That's their feeling. One thing we had talked about prior to the last County Commission meeting when you repealed the rental property requirement to register your property, code enforcement was able to go out and enforce those things and could have helped us. Couple of things that I think would help in this regard related to better -- a compliance with the tourist tax ordinance, and that is, we have pledged to the Tax Collector's Office that we'll assist them in an education process to get information to homeowners associations, to the rental agencies, and so forth, exactly what the requirements are, even write some let- -- some articles for newsletters for the homeowners associations to remind people of the importance. In the meantime, the tax collector has sent out another letter to all the homeowners groups, homeowners associations, again, reminding them. In fact, a correspondence just went out when you repealed that rental registration ordinance that that was no longer important, but you Page 117 October 27,2009 still have to register with the Tax Collector's Office, you still have to register with Department of Revenue for sales tax, and you still have to register with the appraiser's office on the tax on -- what is that -- can't think, but it's -- personal property tax. That's -- so there are still three things that they need to do. What can we do? I think enforcement is still something that's of interest to us to be sure everybody is registered and is, in fact, paying the tourist development tax and, frankly, sales tax as well, because we even see that coming back. So we're willing to continue to work with the Tax Collector's Office to find ways. If at some point we could contract with someone on a part-time basis to help us with enforcement, we might be able to do that as a split funding thing with code enforcement if -- and I'll be happy to, with the direction of the board, talk to Joe Schmitt and see if that's a possibility that we could work in that direction. That's what I have on item four. At this point I think some direction from the board would be helpful as to how else we might proceed to make sure that everyone is complying. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. Sounds good, but the ends result is, most of our code enforcement people are dealing with foreclosures at this point in time. MR. WERT: Yes, sir. COMMISSIONER HALAS: The other thing I think that needs to be brought to the attention of people in Collier County who rent are Realtors who get involved in this and make sure that they are collecting the tax dollars also, because obviously they take a cut of about 20 or 25 percent, and I think that that needs to be taken -- taken up. So whether we get involved in doing something above and beyond this, as you suggested, maybe contracting, I would assume Page 118 October 27,2009 that the Tourist Development Council is going to pay for the funds for contracting -- MR. WERT: Yes, that would be the idea. COMMISSIONER HALAS: -- this and not coming to the government -- MR. WERT: No, sir. COMMISSIONER HALAS: -- looking for us to address this particular issue. Because as I said, with our problems right now, we're trying to make sure that we're doing enforcement for the foreclosure homes. That's one of the big things that I think we're trying to address to make sure that it doesn't decrease the property values of neighbors next door to these particular properties. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Jack, that inspection you were talking about that the county was doing really didn't get to where you would have needed to be. It fell far short of that. We canceled it for the simple reason it was nothing more than an expense that we were charging -- MR. WERT: Right. COMMISSIONER COLETTA: -- affordable housing that they got no benefit back from. So that's not even an avenue to consider, you know, I mean, for any reason, even if it was still in place. But I agree with you, you know, everyone should comply. But now let's make sure the people that are listening today understand who it is that should comply. And I believe, what is it, six months or longer MR. WERT: Six months or less. COMMISSIONER COLETTA: -- or shorter? Less. Six months or less they're obligated to pay a fee of, what is it, 3 percent? MR. WERT: It's 4 percent tourist development tax and 6 percent sales tax. COMMISSIONER COLETTA: Six percent sales tax. And 6 Page 119 October 27, 2009 percent sales tax applies to all commercial properties also. If they're not paying at some point in time they could become very liable. And I assure you that the state tax bureau would be a lot more -- what do you want to call it -- proactive as far as enforcing the rules than the county would be. So it would behoove anyone out there that's renting short-term to get with the correct department here at the county and the state and get their businesses registered, their properties registered so you can go forward. Now, what you're proposing is, this person would be on your payroll and they would work with the tax collector through their records to be able to reach out and touch these people. Can you tell us a little bit about, what the ramifications of people who do not pay these fees? MR. WERT: The tax collector can actually place a lien against the property, which at some point if they would try to sell the property, that would become due. So that's their immediate enforcement. They can also audit people, you know, and find out and actually send them a tax bill for what they feel is owed. The tax collector has those parameters to do that. COMMISSIONER COLETTA: Well, if you need direction or a motion to move forward on this, I'd be happy to do either. COMMISSIONER HENNING: Second. MR. WERT: Okay. CHAIRMAN FIALA: And in keeping with this, I just had somebody contact me yesterday who said she knew of two people right in her apartment building who were paying the bed tax and paying the sales tax, and the person that owned the building was collecting it and never passing it on but pocketing it. And I said -- I said you need to report that, and she said, I'm afraid to do that because I'm afraid there'll be retaliation. Then I said, then tell me, and I don't even want to know your name. I'll make sure somebody knows about Page 120 October 27,2009 it. But I was wondering, for those who know that this is illegally being done, collecting this tax and then the owners are pocketing it, where would people call? Who would they report that to? MR. WERT: To the Tax Collector's Office. CHAIRMAN FIALA: To the Tax Collector's Office. MR. WERT: They follow up on every one of those. CHAIRMAN FIALA: Is there a person they should ask for in the Tax Collector's Office? And can it be done anonymously? MR. WERT: I can't answer that question whether it can or not, but they tell me that they follow up on all leads. CHAIRMAN FIALA: Great, great. Okay. Commissioner Coyle. COMMISSIONER COYLE: Well, I've heard a motion and a second but I haven't heard a motion yet. So the thing is that you have given us a range of alternatives about doing things, and I think we need to narrow it down, and I think we should narrow it down to instruct you to continue working with the Tax Collector's Office and let the tax collector enforce the law. And there's no need to hire anybody else to do that. You've just said the tax collector says they can do that without an additional person, so why not let the tax collector do that? COMMISSIONER HENNING: Second. COMMISSIONER COLETTA: Yep, that was the motion. COMMISSIONER COYLE: Oh, really? COMMISSIONER COLETTA: Thank you for clarifying. COMMISSIONER COYLE: I've never heard that before. COMMISSIONER COLETTA: Well, you just weren't paying attention. CHAIRMAN FIALA: Do you need the motion to be stated so that it's clear? COMMISSIONER COYLE: The motion is to direct the staff to continue working with Tax Collector's Office to collect taxes due and Page 121 October 27,2009 enforce the law, end of story. CHAIRMAN FIALA: And that's the motion and the second, correct? COMMISSIONER COLETTA: That's the motion. But Jack, does that get you where you need to be? MR. WERT: At least initially it does, sir, yes. And let's see how the education efforts that we're talking about that really are not additional costs, works out. Let's give it six months. We certainly will work with the Tax Collector's Office. Our research company will continue to -- because you can kind of back into those numbers to see -- we know the number of people that are here visiting. Does that correlate to the amount of tourist tax that's being collected? So there are other ways that we can help the tax collector in that regard. So we'll continue to do those things. If we find that we at some point need to come back with a person -- and that was the recommendation of the subcommittee, but I think this education committee -- or education process might do a lot to inform people, just as you did on the air here, to inform people of what needs to be done. COMMISSIONER COLETTA: How else should we reach out educational-wise? Through maybe a website or what? MR. WERT: Well, we will provide homeowners associations and all of the rental agencies to make sure that they are adequately educated, we'll write some suggested articles that the homeowner' groups can put in their own newsletters, and we'll work that way, and we'll come back and report to you how we're doing. CHAIRMAN FIALA: Very good. COMMISSIONER COLETTA: Okay. Include that direction in the motion also. CHAIRMAN FIALA: Okay. And in the second? Okay. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 122 October 27,2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: 5-0. And now we move on to item number five. MR. WERT: Yes. This item, Madam Chair, is one that -- again, compliance with the tourist tax collection. We know that we've had a problem for some time with online bookers of travel that -- and we've talked about it here before the group. The whole point of this recommendation was that if -- that the Tourist Development Council was supporting whatever the Board of County Commissioners did. If you joined into that class-action suit that other counties were joining into -- and I look to the county attorney to see if that is proceeding. MR. KLA TZKOW: Nabors Giblin, who's our primary local government outside counsel, is putting together a class-action suit. So far Lee County, Leon County, Manatee, Pinellas, and Polk County have already signed onboard. There are another half dozen or so counties that are going through the same process we're going through here to see if they want to go onboard, as well as the State of Florida is looking at it. And if the board wants to join in, the initial class action would be for the declaratory judgment that the statute, as written, requires the dot corns to pay what I call a differential. Right now what they do is they'll buy a block of rooms from a hotel, say it's $80 for the block, and we're getting -- the state's getting the sales tax and we're getting the tourist tax based on the $80. They then turn around and they may sell those for $100, and the lawsuit is trying to get a piece of that differential. Page 123 October 27,2009 So the State of Florida is sort of interested for the sales tax end of it, the counties and municipalities are interested in it for the TDC end of it. And it's going to get filed. The only issue is whether or not this board wants to participate. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I really think that this is something that TDC needs to take to our legislative body, and hopefully they'll address this particular concern up in Tallahassee in this upcoming legislative session. We mentioned something about it when we had the workshop, and there didn't seem to be too much response over that, so I'm not sure where that stands. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Who would pay for the costs, the legal costs, of this class-action lawsuit? MR. KLATZKOW: It would be shared between the participants. So the more the merrier. COMMISSIONER COYLE: No, I'm talking about between the Board of County Commissioners and the TDC funds. How would -- what source of funding would we use to pay for the costs of prosecuting this class-action lawsuit? MR. KLA TZKOW: I think you'd have to use board funding for it. COMMISSIONER COYLE: And you couldn't ask for a reimbursement by TDC funds? MR. KLATZKOW: I'd have to look into it. I'm not entirely sure that -- I'd have to go through the ordinance to see whether or not they can reimburse you for that anywhere. COMMISSIONER COYLE: They would be the recipient of any increased revenue. Why wouldn't they -- that be net of the legal expenses necessary to get there? MR. KLA TZKOW: Oh, I don't disagree with you. I'd have to Page 124 October 27,2009 look at that issue, sir. COMMISSIONER COYLE: Okay. Could we -- could we ask that the county attorney look at that issue from that standpoint? CHAIRMAN FIALA: And then get back to us, you mean -- COMMISSIONER COYLE: Sure. CHAIRMAN FIALA: -- before we vote on this? MR. KLA TZKOW: Yes. COMMISSIONER COYLE: Well, yeah. We can -- we can delay this vote or we can postpone this one item. MR. KLATZKOW: Yeah. I'll take a quick look at it. CHAIRMAN FIALA: Okay, fine. So we can -- is that okay with all the other board members, bring it back at the next meeting possibly? COMMISSIONER HALAS: I was hoping we'd get an answer today. MR. KLATZKOW: Yeah, you'll get an answer pretty soon. I just want to go through the ordinance. CHAIRMAN FIALA: Oh, okay. So then do you want to just discuss it a little bit later -- MR. KLATZKOW: Yes. CHAIRMAN FIALA: -- is that what you want to do? COMMISSIONER COYLE: Okay. Motion to table it then. CHAIRMAN FIALA: Okay. Then we'll go on to item number six until the county attorney gets back to us. MR. WERT: Okay. Item number six is a discussion about combining some of the visitor guides that we have in the marketplace currently. There can be some confusion among visitors with so many of them. Maps are not really consistent between the various publications. What the subcommittee recommended and actually assigned to one of the -- Susan Becker did a pretty extensive study on the different books that are in the area, and her recommendation came back to the Page 125 October 27,2009 subcommittee and then on to the TDC, was that the Naples Chamber publication and our visitor guide for the Convention of Visitors Bureau, those two made the most sense to combine together. They both have Collier County-wide presence, listings of various businesses and so forth. And in addition to that, discussions have also taken place with the Marco Chamber, and we will extend that, if we do this, to the Everglades Chamber, the Immokalee Chamber, now the East Collier Chamber, to see if they'd like to participate as well. I think it would be helpful if we came up with one official guide for the area that all of the information centers handed out as the official guide, one map that really is the official map of the area. I think it would help our visitors a lot in being more informed about what there is to see and do in the area. So that's the idea. Timing on this would probably be in 2011 because the 2010 books for both the CVB and the chamber are pretty well put to bed, and ours will be printed here in a few weeks. So it would be an '011 item that we'd work on, and the chamber is very supportive of doing this. So we would like to move forward with this process. CHAIRMAN FIALA: Okay. Did you want to speak also? COMMISSIONER HENNING: No. I'm just in favor of it. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. As I said earlier, made a statement that you're looking to hire on another person, and you're -- and that the tourist development tax dollars were going to go for this person, I believe, that was going to be appointed at the Chamber of Commerce; is that correct? MR. WERT: The way this started, Commissioner, was that we've known for some time, and the input to the subcommittee was, that information is inconsistent around the county. That's why the one visitor guide makes sense. But in addition to that, to make sure that Page 126 October 27,2009 each information center around the county has basically the same information. So we felt it was important to have somebody that could go out and do that. The point is -- and we made a note in the executive summary -- that at the current time at the county we couldn't do that with a hiring freeze. And so we talked to the chamber, and they were agreeable that they would at least oversee the position as long as we would share in the -- in the cost of it. They would share with part of the cost. We would as well. And if we're able to do that, maybe we can share it with some of the other chambers as well. This would be -- COMMISSIONER HALAS: As I said, I think that this ought to be picked up by all the chambers instead of using taxpayer dollars in regards to this, and I think it could still work out where you can have one magazine that encompasses everything, but I think it's only fair that the -- since the chamber -- I just don't want to get in a situation where we start giving funds, tax dollars, to the chamber, and we can never wean them from it. So that's what my concern is. Like I said earlier, we're not the Federal Reserve, and I think that there's a lot of people out there that, as we heard today, if you've got 2,000 businesses here in just the -- along the coastline and you include all the other chamber of commerces, obviously a small pittance will take care ofthis particular problem. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Well, we were talking about item six and seven together, I presume. CHAIRMAN FIALA: No. First we're just -- we'll just take six because Michele Klinowski wants to speak on seven anyway. COMMISSIONER COYLE: Well, the issue was raised about the additional person. CHAIRMAN FIALA: Yeah, I know, but we're just addressing Page 127 October 27,2009 publication so we don't get them all, you know, melded together. COMMISSIONER COYLE: Then for both of those items-- MR. WERT: Yes, sir. COMMISSIONER COYLE: -- there is no indication of increased efficiencies or increased costs? It has not been quantified in any way whatsoever. If you're consolidating two publications into one publication, I can see lots of logical reasons for doing that, and people have to pay only for one layout rather than two layouts. They only have to consolidate information for one thing and do it once and get it published in one magazine. There's got to be some efficiencies there. And if you come to us to ask us to approve changes of that nature, we ought to understand what those efficiencies are. And since I can't talk about the other position, hopefully you will able to tell us what the costs of that other position are -- is when we get to that point, okay? CHAIRMAN FIALA: Very good. Commissioner Coyle? COMMISSIONER COYLE: So until I get to the other item, I'm going to vote no on this one. CHAIRMAN FIALA: And I just had a concern. If it were only the two publications that were joined -- and Marco just depends totally on tourism and they were left out of this publication, then I would be concerned about this, too. So -- and I would guess Immokalee and Everglades City would feel the same way. It should be a magazine that doesn't just combine our CVB and the Naples Chamber, but all. MR. WERT: And we certainly concur that we would talk to everyone about that. The difference with the Marco Chamber, and I don't know if Sandy -- CHAIRMAN FIALA: She's here. MR. WERT: Sandy is here. And perhaps you want to address this. But basically their piece is their membership directory and certainly is a profit center for them. It's a little different than the Naples Chamber directory, which is -- certainly has their members in Page 128 October 27, 2009 it, but it is a much wider distribution of businesses. That seemed like the logical one. We certainly will talk to Sandy and all of the chambers to see if everybody could at least agree that we've got one official publication, and everybody else, if they want to do something, it's not a visitor guide; it's some other purpose. Like in the case of Marco, it truly is their membership directory. CHAIRMAN FIALA: Yeah, okay, good. Ijust wanted to make sure we would include everybody. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Including everybody. Jack, at this point in time, do you have dialogue going on with Everglades City and Immokalee? MR. WERT: Not currently. We would -- we would do that. COMMISSIONER COLETTA: Well, you know, I think maybe if we could have a little more information and bring this back, it would be much more appealing, because I personally don't know if they want to participate. I have no idea. I don't know what to expect from those two entities, and you probably don't from Marco. CHAIRMAN FIALA: Right. MR. HENDEL: Can I clarify a lot of this stuff? The subcommittee worked very hard in all these recommendations, and it looks like we just pulled them off the top of our head. We had a group study the publications. The group decided that one publication would be best for the county, and the savings was going to be in the area of 20- to $25,000. Then we had all kinds of testimony that the chambers and the tourist centers throughout the county were not fully supplied with materials. Example, Everglades City had nothing about the City of Naples. Immokalee had nothing about Everglades City. So in our deliberations -- and we didn't do this in one time. We had nine different meetings. In our deliberations and with the testimony from people from Immokalee, Marco, Everglades City, and Page 129 October 27,2009 Naples, we came up with a suggestion that we hire a coordinator. We have a price on the coordinator; roughly $50,000. We're going to finance the 50,000 with the money we saved on the two magazines, and the balance would come from tourist funds. We're picking up money for the tourist funds. We're picking up interest. The amount is very small. If you take the 60 and the 25, you're looking at about 20-, 30,000. Our committee decided and recommends that we hire this person, and it's going to be the best thing for the county from a tourism standpoint. CHAIRMAN FIALA: Okay. Now, we got off publication again, and now we're onto a person, right? MR. HENDEL: Yes, I did. I'm sorry. But the publication -- we had a study. We had -- they came in with this many publications. Half of them had maps, half didn't have maps. Our committee decided, let's do it. We coordinated with the chamber, with the tourist devel- -- everybody, and we made the recommendation. I'm sitting back here without any criticism of Jack or -- it sounds like we threw these recommendations out without thinking. We thought heavily about all these things. And we wouldn't put it on paper and we wouldn't sign it if we didn't agree with it. So I just want the commissioners to know that these recommendations took a lot of time, there's a lot oflogic. And there's one other thing, if you'll allow me to say which might have changed this whole thing. We recommended that the interest on our funds come to us. We did not know that the Board of County Commissioners approved that. So in our package it says, we want the interest. If we had known, we then -- we're pretty smart, we would figured out what the interest would be, and we would use that interest to offset some of the other recommendations we're making, but we didn't know about the interest. Page 130 October 27, 2009 So if you put that on the table that we're going to be getting interest, projected first year we could get a couple hundred thousand, maybe three or four years, 500-, 600-, that would cover a lot of the stuff we're looking for from maybe the beaches and so forth. So please understand that these recommendations were not haphazard. A lot of thought went into them. Thank you. COMMISSIONER COLETTA: I never -- I never thought that you didn't put a lot of thought into it. And believe me, I appreciate very much what you do. And if! had my way, I'd double your pay. Volunteer, by the way. He doesn't get paid. But here's the whole issue is that Immokalee and Everglades City are 40 to 55 miles removed from the center of Naples. Center of Naples is where the largest part of the commerce takes place and probably the vast majority of tourist dollars, followed closely by Marco Island. I'm not even -- I haven't communicated with those people on this issue at all. They may be in the position where individually they would rather not have publications from another entity in their neighborhood. They might rather hold their audience captive when they're there, try to keep them. I don't know. This is why I'm very uncertain about the way this is going and the whole thing. It sounds like, even though a lot of thought's been given to it, I really need some feedback myself from people that I represented to be able to find out how they fit into this whole things before I move forward and I get back to Immokalee or Everglades City. They'll say, what in the hell were you thinking? Why didn't you come and talk to me first? Believe me, I appreciate your efforts, I do. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Murray, the problem we have is we have an executive summary for this item, and the executive summary has a fiscal impact statement, and the fiscal impact statement says that the fiscal impact associated with these recommendations is uncertain and will require time and process and implement -- it Page 131 October 27,2009 probably should have said to implement -- if direction is provided. So what we need in our execu- -- and I know you didn't prepare the executive summary. But that's what we've got. And we're working from what we have. And if there was additional information, it should have been included in our packet as part of that executive summary. And I understand you are not the person responsible for doing that. But we have to make the decisions based upon what we have in the official packet. And there's nothing that indicates cost savings, efficiency, at all, and so with the issues raised by some of the other commissioners, I would make a recommendation that we -- we postpone making a decision on item six and seven until we have the appropriate backup information. And then -- COMMISSIONER HALAS: I'll second that. COMMISSIONER COYLE: -- and then we can proceed. CHAIRMAN FIALA: Okay. I have a motion and a second to delay making a decision on number six and seven until we get further information. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I'm done. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, it's kind of late to turn this ship, but it looks like we're going to -- Jack, you're -- MR. WERT: We'll come back. COMMISSIONER HENNING: Yeah. You're going to come back. MR. WERT: Y eah. We'll come back with more information. CHAIRMAN FIALA: Okay. So then I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 132 October 27,2009 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: 5-0. Okay. Number eight. MR. WERT: The next recommendation was to redirect 500,000 of the $2 million offset for major beach renourishment projects from that reserve account, 500,000 each of two years, total of $1 million from Fund 195 redirected to destination marketing. Similar item to number three that we dealt with before, but this was coming out of the major beach renourishment fund that Gary talked about earlier today that would be used for the renourishment similar -- that we did in, what was it, 2005. COMMISSIONER HENNING: We already did this item, didn't we? COMMISSIONER COYLE: This is in addition to the one we already did. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. This was the crux of my point earlier on when I said we couldn't really make a decision on the first two without taking this one into consideration. And I would suggest that since we have approved increased funding for the first year, that we postpone any discussion concerning taking money out of our catastrophe reserve for beach renourishment until such time as we have an answer on the reimbursement for FEMA funds in the spring. We should know that by when, March, April. Mr. McAlpin? MR. McALPIN: We'll know it by May, sir. COMMISSIONER COYLE: Okay. MR. McALPIN: April, May. Page 133 October 27,2009 COMMISSIONER COYLE: Okay. So we've already allocated at least $2 million, I believe, or pretty close to that, for advertising for the next 12 months. And what I would suggest is we postpone the decision on this one until we know the status of the reimbursement of FEMA funds. If FEMA funds come in, our catastrophe reserve for beach renourishment will, I think, be solid, and we can then make a decision in May to allocate additional advertising funds if it is necessary. That reduces our risk. So that's -- that's where we should -- we should do it. COMMISSIONER HALAS: Commissioner Coyle, if that's a motion, I'll second that motion. COMMISSIONER COYLE: It is a motion. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Jack, that doesn't get you where you need. The TDC -- MR. WERT: It's really too late then for us to do much with that money in May. I think if -- perhaps, March, if we were able to know better. By then we're going to have some pretty good data on what our -- we're planning to do a fall campaign. We can give you some research data on that and what that returned, and at least we start in the first quarter. We'll have a little bit of data. May is really too late for us to really use that money in this fiscal year. COMMISSIONER HENNING: Right. And that's my fear. And I'll tell you, if we don't -- if we don't nail this one this season, then the chances of trying to make anything up in the summer is not very good. The -- the group meetings that come in, they come in during season; is that a correct assumption? MR. WERT: Certainly. That's the highest-rate business and so forth, yes, it is, but we really rely on that group meeting business all through the summer, too. That's a very important part of what we do. COMMISSIONER HENNING: You're not going to get that. That's out the window. So you're going to -- you're strictly counting on Page 134 October 27,2009 leisure, and you're asking for funds to promote that leisure to keep people employed. MR. WERT: Yes, sir. COMMISSIONER HENNING: And May is just going to be way too late to do that. CHAIRMAN FIALA: And I agree with Commissioner Henning. I think we've already got -- we've got, I don't know how much, $8 million or $4 million -- because they're running together in my head, but -- and we're putting $2 million more into it every year, and this is only asking for one quarter of that money and yet at the same time, if we can generate, as we hoped, many more tourists, we'll be able to replenish some of that money, so -- COMMISSIONER HENNING: See, and that's the point where it's not being said is, if we're successful, all ships rise. And if we -- gosh, if we don't do that, it's going to be such a disaster. CHAIRMAN FIALA: Well, I agree with Commissioner Henning. Commissioner Halas -- I mean Coletta. I'm sorry. COMMISSIONER COLETTA: Wow, you got me-- CHAIRMAN FIALA: You look so much like him. COMMISSIONER COLETTA: Don't tell me I'm the swing vote on this. COMMISSIONER HALAS: I feel sorry for him. COMMISSIONER COLETTA: Be nice to me. I'm the swing vote on this. I'm the only one that hasn't committed one way or the other. Okay. Jack, give me a little level of comfort on this. If we commit to this now, we're going to get a measured results to be able to determine what we're going do in the future? We'll be able to see all the statistical data as it's coming through to be able to justify this expenditure? MR. WER T: We can -- we get that data every month. So, yes, we Page 13 5 October 27,2009 can at least share that with you every couple of months to show you how this is doing. We pledge to you that we will bring that -- that level oftransparency, I believe that the term was, absolutely. We -- we've always shared that information with you more on a quarterly basis. We'll make it more often than that so you can see that. This is the -- the commitment today would certainly help us plan for the balance of this fiscal year and get us where we need to be. COMMISSIONER COLETTA: You're the -- you're the director of the TDC. You're the guy that we're asking for the facts for. And I mean, let's face it. Every time something like this comes up, you put a little bit of your life on the line. MR. WERT: Yes, sir. COMMISSIONER COLETTA: If you feel confident enough that this should go forward, then I'll give you the backing you need. MR. WERT: I have every confidence that we can deliver the same as we have every other time you've had the confidence to give us additional dollars. We've delivered every time. I don't think it's any different. People are traveling. We've just got to get more of them here. COMMISSIONER COLETTA: I like that answer, and you didn't hesitate to give it. Thank you. CHAIRMAN FIALA: So Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to call your attention to the allocations that you originally requested. It was $2.1 million, and over the 12 months, that's $180,000 a month. We've authorized you $1.5 million already, and we're -- and if you allocated that over the first six months of this fiscal year to get us out to May, that would be $250,000 a month. So it simply -- the numbers simply don't add up when you say it's too late. We could very easily have a front-end-Ioaded advertising program, which is what you want, to get people here quickly, with a $250,000-a-month budget for the next six months. And then we would Page 136 October 27,2009 know if we got the FEMA money. We could either -- we'd do one of two things. We could evaluate whether you needed more money from another source and we could get it for you, or we could determine that the FEMA money is there, and we wouldn't have any trouble allocating some money out of the catastrophe funds. So I suspect it's going to pass anyway, but the numbers don't add up. CHAIRMAN FIALA: So FEMA money seems to be the discussion. Are we definitely guaranteed we're going to get the FEMA money? COMMISSIONER COYLE: No. MR. OCHS: That's our point. CHAIRMAN FIALA: Okay. And then there's some more money we're supposed to get in from another source, Hurricane Fay, right? MR. OCHS: Yes. That is committed, yes. CHAIRMAN FIALA: Well, there's two different pots, right? MR. OCHS: Yes. Gary, one more time quickly. MR. McALPIN: If I may, Gary McAlpin, coastal zone management. Madam Chair, we have two sources ofFEMA money. The first source would be Tropical Storm Fay. We have that money in hand. We would have to execute a beach renourishment project first. We don't receive it up front. What we do, we get reimbursed for it after we spend the funds. CHAIRMAN FIALA: Okay. So we have that money? MR. McALPIN: So that money, we have to spend. CHAIRMAN FIALA: How much is that? MR. McALPIN: That money we were talking about is -- there's a possibility we can -- we have money that we have already spent from Tropical Storm Gabrielle, Hurricane Wilma, and Hurricane Katrina. We are negotiating with FEMA at this point in time for those additional funding based on work we have completed. We don't know Page 13 7 October 27,2009 if we're going to be successful in getting that. That's the $10 million that the county manager spoke about. We should know if we're going to get those funds in April/May of this year. MR. OCHS: 2010. MR. McALPIN: 2010. CHAIRMAN FIALA: Okay, fine. So I have a motion on the floor and a second to not grant this money at this time but wait until after the FEMA money is received, whether it be April or Mayor whenever, okay? COMMISSIONER HALAS: And then we can make a determination when we get the money, and they come back with the-- what's happening with heads in the bed. Then we can go ahead and issue additional funding to carry them through the rest of the season, the rest of the summer. CHAIRMAN FIALA: Motion is on the floor and second. Any further? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Opposed? Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: That's a 3-2 vote. COMMISSIONER HENNING: Madam Chair, I make a motion that we approve number eight. COMMISSIONER COLETTA: Any conditions to it; just as is? COMMISSIONER HENNING: What conditions? COMMISSIONER COLETTA: No, I'm just asking you. COMMISSIONER HENNING: Yeah, no. COMMISSIONER COLETTA: Okay, fine. Second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a Page 13 8 October 27,2009 second to approve item number eight as it stands. Yes, County Man- -- would you like to vote with us? MR. OCHS: No, ma'am. I just want one clarification, if! might, to Commissioner Henning's motion. Prior discussion on the funding was limited to one year. This -- as this reads, it's two years' commitment. COMMISSIONER COLETTA: No, one year. COMMISSIONER HENNING: One year. MR. OCHS: Thank you. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: No, thank you. CHAIRMAN FIALA: Thank you. COMMISSIONER COLETTA: Second agrees. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. I have -- I don't know which of you was first, Commissioner Halas or -- COMMISSIONER HALAS: I'll just -- that was one of the questions I had. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah, that was the same issue I had is, one year versus two. CHAIRMAN FIALA: Okay. Motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: 4-1 vote. Thank you. (Applause.) COMMISSIONER HENNING: Motion to approve number nine. Page 139 October 27,2009 COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: I have a motion on the floor and a second to approve number nine, which is recommend to not increase the tourist development tax rate at this time given the current economic receSSIOn. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. So that's a 4-1 vote. COMMISSIONER HENNING: We already did number ten, didn't we? CHAIRMAN FIALA: Yes, we did that one already. MR. WERT: Yeah, we did. We did that earlier. COMMISSIONER HENNING: Can we talk about something else? CHAIRMAN FIALA: I think we're done with this subject; is that correct? MR. KLA TZKOW: Ma'am? COMMISSIONER HENNING: Can we talk about zoos? MR. KLA TZKOW: Ma'am? MR. WERT: Thank you so much, Commissioners, for your confidence in our industry. MR. KLATZKOW: Ma'am? CHAIRMAN FIALA: No, we did that. We did-- MR. KLATZKOW: Ma'am? MS. FILSON: Commissioner Fiala? Page 140 October 27, 2009 CHAIRMAN FIALA: Yes. MR. KLATZKOW: You have one outstanding issue. You wanted me to look at the ordinance with respect to collecting on the dot com Issue. CHAIRMAN FIALA: Oh, yeah, yeah, yeah, okay. MR. KLATZKOW: All right. At the end of the day, this is a tax collection issue, okay, because the whole lawsuit is about unpaid taxes. Your ordinance delegates to the tax collector the responsibility on collecting these types of taxes. The tax collector gets 3 percent of the tourist development revenues to do this function. My understanding is he generally runs a surplus. I'd have to get involved with him to see whether or not he thinks this is a good idea as a use of these revenues, and then I can get back to you. So you could either vote now and elect to use county funds for this, or direct me to go to the tax collector and discuss the issue with him. CHAIRMAN FIALA: And then, what, bring it back at another meeting? MR. KLA TZKOW: I'd have to bring it back, yeah. COMMISSIONER COYLE: I like the latter alternative. COMMISSIONER HENNING: Me, too. CHAIRMAN FIALA: Bring it back at another meeting? COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Yeah. COMMISSIONER COLETTA: Yep. CHAIRMAN FIALA: Okay. Other commissioners? Looks like everybody's in agreement with you, Commissioner Coyle. Thank you. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes, sir. MR. OCHS: I'm sorry to belabor this. This is for the county attorney. Jeff, do we need an emergency ordinance if we have to come Page 141 October 27,2009 back at the next meeting because of advertising requirements, or can we come at a later meeting? MR. KLATZKOW: If the Naples Daily News can get it timely published, and they should, I won't; but if they don't, it will have to come back on an emergency ordinance. MR. OCHS: Okay. Thank you. CHAIRMAN FIALA: Okay. MR. KLATZKOW: We've been having problems with the paper. CHAIRMAN FIALA: Don't say it out loud. MR. KLATZKOW: Well, it's true. Item #10B RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REVIEW AND APPROVE THE FISCAL YEAR 2010 STRATEGIC PLAN FOR NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU (CVB) AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - MOTION TO APPROVE - WITHDRAWN; MOTION TO APPROVE AFTER THE REVIEW OF THE 2010 TOURISM BUDGET W/TODA Y'S REVISIONS - APPROVED MR. WERT: Madam Chair, I haven't left only because we do-- the next item on the agenda happens to be the strategic plan, basically COMMISSIONER HENNING: Motion to approve. MR. WERT: -- you've helped us fund, and that's how this plan is written. If you'd like, we do have a presentation for it. Ifnot, we're ready to run with this. CHAIRMAN FIALA: I already have a motion to approve from Commissioner Henning -- COMMISSIONER COLETTA: Second. Page 142 October 27,2009 CHAIRMAN FIALA: -- a second from Commissioner Coletta. Any -- and, oh, Commissioner Coyle again. COMMISSIONER COYLE: Wait a minute. Wait a minute. You don't even know what's in here. CHAIRMAN FIALA: Oh, I do. COMMISSIONER COYLE: Well, okay. Then I'm going to ask you some questions. MR. WERT: All right, sir. COMMISSIONER COYLE: Are all of the things that we approved prior to this point included in your FYI 0 budget? MR. WERT: The $23.1 million that's in the budget, we had planned for, and the 1.1 is planned for right here. In addition to that would be that million dollars. The 3.2 is this plan. COMMISSIONER COYLE: Wait a minute. Item number three on -- under agenda Item lOA, you asked for two years at $500,000. That's a million dollars over two years. MR. WERT: Yes, sir. COMMISSIONER COYLE: Have you included that money in your FY 1 0 budget already? MR. WERT: No, sir, no. COMMISSIONER COYLE: Okay. Then the answer to my first question was no, okay. Now in -- for item number six or seven, have those costs associated with consolidating -- costs and/or savings associated with consolidating the publications and creating a new position called information center coordinator, are those costs included in your FYIO budget? MR. WERT: No, sir. COMMISSIONER COYLE: Okay. Now, number eight, you asked for $500,000 for two years, and you were given $500,000 for one year. Is that amount in your FYI 0 budget? MR. WERT: No, sir. Page 143 October 27,2009 COMMISSIONER COYLE: Okay. And similarly for item number ten, is the $750,000 from the emergency tourism advertising fund supplemented by the 350,000 in excess unobligated fund balance from FY2009 included in your FY20 1 0 budget? MR. WERT: It is now, yes, based on your -- based on your approval today, yes. COMMISSIONER COYLE: Okay. The document that is in here contains that information that we just approved earlier today? MR. WERT: That's what this plan does, yes. COMMISSIONER COYLE: Okay. MR. WERT: That's how we would spend $3.2 million. COMMISSIONER COYLE: So with the exception of certain things here, your FY budget assumed that we were going to approve everything that you presented before? MR. WERT: Actually, all I committed to was the 2.1, which was in our budget. You gave us the additional money today. This is just -- this was for planning purposes. COMMISSIONER COYLE: Okay. MR. WERT: You're approving that now. COMMISSIONER COYLE: But -- okay. MR. WERT: And I would not have implemented anything more than 2.1 million had you not approved the 750- and the 350-, 2.- -- COMMISSIONER COYLE: But there is a budget here. MR. WERT: There is a proposed plan, yes. COMMISSIONER COYLE: With a budget? MR. WERT: Yes, sir. COMMISSIONER COYLE: And that will become your FYI0 budget if we approve it now. MR. WERT: Yes, sir, that's correct. COMMISSIONER COYLE: Okay. So what I'm trying to find out is, have you -- well, no. We know the answer. You have not included in this everything that we just approved? Page 144 October 27,2009 MR. WERT: That is correct, sir. COMMISSIONER COYLE: So that means that if we approve this budget, you've got to come back to us with another budget that includes the things that we just approved in this meeting, and then we've got to approve that budget. Now, why would we do that? Why wouldn't we say to the staff, incorporate our proposed changes -- COMMISSIONER HALAS: Come back to us. COMMISSIONER COYLE: -- in item number lOA into your budget and come back and let us approve the real budget, rather than a budget that doesn't reflect what we just approved? Doesn't that makes sense? MR. WERT: I believe what we're asking for in this agenda item is for you to approve the plan for the $3.2 million, which would replicate what we did this year. And the additional million dollars that you just recommended that we're still going to have to go through a public hearing for, we have a plan to spend that, but we would amend that plan to use to implement some of these other things as well. We would include that, in other words, in that million dollars. So if you approve a $4.2 million plan, we still have to amend a few of our plans, and we'll bring that back to you, but at least you've allocated the dollars for us to do that. COMMISSIONER COYLE: But it's not in this -- not all those dollars are in this plan? MR. WERT: What's in here is the marketing, advertising, and production dollars, yes. That's what's in here. We would amend that again to -- if you decide we're going to do that information coordinator, or whatever it is, we will include those costs in that million dollars. COMMISSIONER COYLE: We're talking in circles. You just told me earlier that you did not include some of the items in lOA in your budget, okay? And we went through it very specifically. So it's not in the budget, but you're asking us to approve the budget anyway, Page 145 October 27, 2009 even though the money isn't in the budget, and you're going to put it in the budget later and then somehow come back and get another approval from us. I don't follow that logic. And so what I would like to do is to put off the approval of the budget until such time as we have all ofthe approvals that we have made at this meeting today incorporated properly in your new budget, and then I think we should approve it. MR. WERT: As a point of clarification, really all I need today, Commissioner, the $2.1 million is our base budget. With the authorization today, I can at least begin to place advertising in the fall of the year when we need it. We'll come back to you with how we spend that additional million dollars that we just -- that you just recommended. We have -- certainly still have to have the public hearings on that because it's an ordinance change. We'll come back to you with that. It's the base budget, Commissioner, that I really need approval on today. COMMISSIONER COYLE: Okay. Well, you see what I've got is a budget that totals up to $4,120,204, not 2.1. So I don't know where the 2.1 is in here. But I see a total number that exceeds whatever it is we approved today, and I'm not willing to approve a budget that hasn't incorporated the changes that we voted on in open session today. MR. ISACKSON: Commissioner, the -- for the record, Mark Isackson with the budget office. I think what Mr. Wert's trying to say is his advertising program is $3.2 million; 2.1 of that is already budgeted in his Fund 184, and then you have this additional allocation that you've acted on in the previous agenda item, which gave him some latitude in 184 to give some additional dollars applied toward the advertising program. COMMISSIONER COYLE: Well, I've got a line item here that says, media total is 3.595 million, okay. Now, what's the difference between 3.595 million and 2.1 million? MR. WERT: Do all of you have this? Page 146 October 27,2009 COMMISSIONER COYLE: Yeah, it's in the -- in the packet. MR. WERT: And is it the color version that we gave you? COMMISSIONER COYLE: No, we don't have the color version. We only have black and white. You know, we could make this a lot easier if we just -- we could make this a lot easier if we just say, bring us back your final budget based upon our decisions earlier today. MR. WERT: Okay. We can do that. CHAIRMAN FIALA: Or we could just ask him to -- we could just work to approve the first 2.1 that we know is there anyway and to bring back the rest of the budget so he could at least start to advertise on the 1 st of November. That's what he wants to do. MR. OCHS : We can bring it back at the next meeting, Madam Chair. COMMISSIONER COYLE: Yeah, he's got an approved budget already. He's got an approved budget. He can start advertising. He doesn't -- there's no reason he cannot start advertising immediately. MR. OCHS: We'll bring it back at the next meeting. MR. WERT: We'll bring it back. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah, the -- we're not approving a budget. We're approving a plan, advertising plan, so let's kind of get that right. Is this a statutory or ordinance requirement that we approve the strategic plan? MR. KLA TZKOW: No, I don't believe so. MR. WERT: It is not. MR. OCHS: It's neither. COMMISSIONER HENNING: It's not? MR. WERT: No. We take it to the TDC. We also, as a courtesy, bring it to the County Commission to see the plan. But truly, this is -- Commissioner Coletta is -- excuse me. Commissioner Coyle is Page 147 October 27,2009 absolutely correct. COMMISSIONER HENNING: Well, no, no. MR. WERT: Our budget is approved, so we do have the dollars to spend. COMMISSIONER HENNING: Right. Commissioner Fiala is the only one I know here that has any knowledge about promotion of tourism. The TDC, the Tourist Development Council, has all the knowledge of what we need for what needs to take place. Why are we doing this? I mean, we've wasted a lot of time even doing this if -- unless it is a statutory or unlawful item, then let the experts do it. But -- I'm going to pull --I'm going to remove my motion, because we do have a motion and a second to approve. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: This is clearly entitled, 2010 media recommendation with 2009 budget with incremental $1.0 million. COMMISSIONER HENNING: Well, wait a minute. You have-- you had in your in-box the strategic plan for advertising. COMMISSIONER COYLE: Yes, yes, yes. COMMISSIONER HENNING: Okay. That's what he's asking to approve. COMMISSIONER COYLE: If you want to eliminate from consideration this budget with the budget figures on it and say, let's approve the strategic plan, I'm willing to do that, okay? I'm merely saying to you that we've made a lot of changes to the requested funds earlier today. Those changes have not been incorporated into this proposed budget. So if you approve this proposed budget, you're approving something which is, in fact, erogenous, and I think our responsibility is to make sure that the budget that is presented to us is complete and accurate, end of story. You want to separate the figures, the budget, from the plan, I'm happy to approve the plan. I think the plan is Page 148 October 27,2009 logical. COMMISSIONER HENNING: I'm ready to move on to the two o'clock time certain. CHAIRMAN FIALA: So, folks, let's give Jack some direction here. COMMISSIONER COYLE: Okay. I will make a motion to approve the advertising plan, the strategic plan, subject to the completion of the budget associated with it that will be reviewed by the board at a later date when Jack has a chance to update it. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: I'll second that, okay. CHAIRMAN FIALA: Okay. I have a second from Commissioner Coletta. Jack, you can live with that, right? MR. WERT: Yes, sir -- yes, ma'am. CHAIRMAN FIALA: And you can move forward now, right? MR. WERT: Yes, ma'am. CHAIRMAN FIALA: It's hard to tell if it's a sir or a ma'am, you know. MR. WERT: No, it's not. I'm addressing all of you. CHAIRMAN FIALA: Any further discussion? (No response.) CHAIRMAN FIALA: Everybody understand the motion? All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Good. That's a 5-0. Thank you. Page 149 October 27, 2009 MR. WERT: Thank you. CHAIRMAN FIALA: Now we'll move on to our two clock time certain. Item #I2A RECOMMENDATION THAT THE BOARD ADOPTS THE A TT ACHED STANDARD FORM LEASE AND GROUND LEASE FOR ALL FUTURE LEASESWITH NOT-FOR-PROFIT ENTITIES, AND TO DIRECT STAFF TO REVIEW EACH OF THE COUNTY'S NOT-FOR-PROFIT LEASES AND, WHERE APPROPRIATE, OFFER THE LESSEES THE OPPORTUNITY TO CONVERT THEIR CURRENT LEASE TO THE STANDARD FORM, SUBJECT TO BOARD APPROVAL - APPROVED MR. OCHS: Yes, ma'am, and that is Item 12A. That is a recommendation that the board adopts the catch -- standard form lease and ground lease for all future leases with not-for-profit entities and to direct staff to review each of the county's not-for-profit leases and, where appropriate, offer the leases -- excuse me -- lessees the opportunity to convert their current lease to the standard form subject to board approval. CHAIRMAN FIALA: And can you tell me how many speakers we have on this subject? MS. FILSON: Eighteen. CHAIRMAN FIALA: Eighteen speakers at three minutes apiece, and from here on in, we cut off any more -- are you -- put it in quickly because now we're going to stop. Okay. That's nineteen speakers for this particular subject. MR. KLATZKOW: Well, I think your speakers might be for 12B, which is the zoo issue, more so than 12A. MS. FILSON: I'm sorry. It is 100 (sic), I'm sorry. Page 150 October 27,2009 MR. OCHS: 12B. MS. FILSON: I mean 12B. CHAIRMAN FIALA: Okay. So this -- for 12A. Okay, very good. Standardization of lease agreements. And we have no speakers on 12A. All are on 12B. MS. FILSON: Correct. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. Commissioner Henning has made a motion to approve item number 12A, the standardization of leases, and Commissioner Coyle has seconded that motion. Commissioner Halas? COMMISSIONER HALAS: I have some concerns in regards to this, and let me be very clear about this. And this is in regards to the zoo. Let's get down in the real nitty gritty. The City of Naples came before us and said that they wanted the county to buy the zoo and that they were going to raise all sorts of money to help offset the expense of this. And the bottom line was, they used all that money to promote the taxpayers to buy this zoo, and everybody went along with it. I think we just paid off the debt on this thing. And now -- then we, in turn, said that you're going to have to come up with about $250,000 revenue a year, and that we took the money and we were going to put this towards the greenway construction. My concern is, when we bought the property, it was taken off of the tax roles, so we lost ad valorem taxes; and now we've got some money here to address the greenway, but it's not going to be sufficient to complete this thing unless, of course, we find other revenue sources. And I'm concerned that we're looking at probably ad valorem taxes or whatever. I -- it gives me heartburn to think that we have an unlimited Page 151 October 27,2009 amount of cash and that we're going to just push this out the door without getting any real benefit from this. And I have some real problems with this. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. That's, of course, not the topic we're talking about here, and I would like to reply to that, but I'll reserve my comments until we get to 12B, which is specifically about the zoo. COMMISSIONER HALAS: This is the -- basically the summary discusses the Naples Zoo lease, and this is where this is leading us to where we're looking at maybe $30 or $1 a year or whatever it comes up with the -- and -- COMMISSIONER COYLE: Well, Madam Chair, how would you like to proceed with that? CHAIRMAN FIALA: I would like to finish 12A, please, because we already have a motion and a second on that, and then we will discuss 12B. COMMISSIONER COYLE: Okay. Then I will save my comments until 12B then. CHAIRMAN FIALA: Okay. Very -- I'm sorry. Sue? MS. FILSON: I didn't say anything. CHAIRMAN FIALA: Oh, okay. Commissioner Coyle, you are finished, right? COMMISSIONER COYLE: Yes, I'm finished. I mean, I'd like to make a comment under 12B related to what Commissioner Halas said. CHAIRMAN FIALA: Right, okay. Commissioner Coletta, you're still on 12A? COMMISSIONER COLETTA: May I go on 12A? CHAIRMAN FIALA: Yes, you may, yes. That's a mother may I, right? COMMISSIONER COLETTA: Yeah. Question, this particular lease that we see before us, is it -- we still have the option on a Page 152 October 27,2009 case-by-case basis to say no? MR. KLATZKOW: Yes, sir. COMMISSIONER COLETTA: Do we have the option to be able to put additional terms in this lease? MR. KLATZKOW: Yes, sir. COMMISSIONER COLETTA: Including payments? MR. KLATZKOW: Yes, sir. COMMISSIONER COLETTA: So this is nothing more than a boilerplate lease that we build on to be able to go forward on? MR. KLATZKOW: The direction was to standardize the leases. I came up with a standard lease. There's always board prerogative to make adjustments. COMMISSIONER COLETTA: Okay. Now, leases that are already existing out there, example, the Fairgrounds or David C. Lawrence out there in Immokalee, do they immediately fall back on their existing lease, or do they go into a new lease? MR. KLA TZKOW: They have their existing lease. If they wish to go to this lease, staffwill review the issue with them, and if it's advantageous to both them and us, we could do that with board . . permISSIon. COMMISSIONER COLETTA: Okay, thank you. CHAIRMAN FIALA: Okay. No other comments? (No response.) CHAIRMAN FIALA: We have a motion on the floor and a second to approve. The motion was made by Commissioner Henning and seconded by Commissioner Coyle. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 153 October 27,2009 CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: 5-0. Item #12B REPORT TO THE BOARD WITH RESPECT TO THE NAPLES ZOO LEASE, WITH DISCUSSION ON WHETHER THE BOARD WISHES TO REDUCE OR ELIMINATE THE RENT - MOTION TO APPROVE THE NEW LEASE FORMAT FOR THE ZOO AND HAVE THE COUTNY ATTORNEY TO CONTACT THE NAPLES ZOO REGARDING THE NEW LEASE - APPROVED MR. OCHS: Ma'am, that takes you to Item 12B, and that is the report to the board with respect to the Naples Zoo lease with a discussion on whether the board wishes to reduce or eliminate the rent. CHAIRMAN FIALA: Now, this is where we have 18 speakers, right? MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. First, shall we have staff present? And then we'll hear from our speakers. MR. OCHS: This is Mr. Klatzkow's item, ma'am. CHAIRMAN FIALA: Oh, okay. I'm sorry. MR. KLA TZKOW: I'm sorry. CHAIRMAN FIALA: Let them finish because -- Sue, either turn the microphone off or -- MR. KLATZKOW: 12B is really, no pun intended, the 800-pound gorilla in this discussion with the standard leases; that's the Naples Zoo. I was -- you know, it's always curious when you go back on history because I was surprised by what I found. When the board voted to purchase the zoo, you deferred the decision on the lease, and Page 154 October 27, 2009 it was the board direction that the lease would be negotiated between the board and the Tetzlaffs and then come back, you know, for approval. That didn't happen. What happened was we simply took the existing lease that was created simply to help with the transaction. And so now you have a lease with the rent, and the rent is variable. It's approximately $250,000 per year. And the question is, do you want to maintain that lease, which is appropriate, do you want to change that lease, which is also appropriate, and it's board discretion. CHAIRMAN FIALA: Okay. Now, Commissioner Coyle, I have 18 speakers. Did you want to say something before they begin? COMMISSIONER COYLE: No. I would prefer to listen to the speakers first. CHAIRMAN FIALA: Okay, very good. Then Sue, would you please call our speakers. MS. FILSON: First speaker is Ruth Nicholls. She'll be followed by David Tetzlaff. MS. NICHOLLS: Thank you, Madam Chairman. I appear today before you to support a Naples treasure, the Naples Zoo. I ask you to vote yes to revise the agreement to reflect the zoo's not-for-profit status. I make my living writing commercial insurance for local businesses, and if they do well, I do well. Your vote yes today will strengthen the Naples Zoo's business. It will do well. As a volunteer for the Naples Zoo, I can report to you that this is a local business that operates with integrity and with open arms to the local community. They're good business partners. Publicly the zoo demonstrates that partnership with the community in many ways. Free Saturdays and Boo at the Zoo are just two examples that are recent. Behind the scenes they are good business partners, too. I'll share this as an example. Like every other not-for-profit, the Page 155 October 27, 2009 zoo solicits sponsorships for their annual fundraiser. These sponsors receive all the usual benefits of sponsorship, advisement, tickets, et cetera. On top of that, the zoo hosts a special reception for their sponsors to get to know each other prior to the event. This extra touch shows the commitment the Naples Zoo has for local businesses to prosper. I could go on and on, but that's -- I just can't say enough about these people. So I ask you to please vote yes today, and thank you. MS. FILSON: The next speaker is David Tetzlaff. He'll be followed by Jenny Shackleton. Jenny, do you want to come up? MR. OCHS: You can use both podiums, ladies and gentlemen, so we can keep moving this forward. Thank you. MR. TETZLAFF: David Tetzlaff, Naples Zoo. Good afternoon, Madam Chair, Commissioners. It's just about five-and-a-halfyears ago I came before you-all and basically asked a question, do we want to save our zoo? And I guess it's been a good five-and-a-halfyears because you have your job and so do I. We are the only accredited zoo that pays such an exorbitant fee to operate. And as history reflects, we basically had the Fleischmann lease turn into what it is now. Not a lot of changes were enacted. And the last four years -- and it is off the tax roll now, but in the last four-and-a-half -- just about four years, we have paid 988,000, which will help pay our way for our share of the greenway project, which will help our parking lot and build the new road. In your wisdom you asked the voters what they thought about saving the zoo, because that was our question; 73 percent of the voters say yes. So I think that shows that they care about us and, in turn, we care about them. And I'll just take a couple seconds to kind of reiterate some of Page 156 October 27,2009 our benefits. Since we became a nonprofit five years ago, we put $1.1 million of improvements into the zoo. Using the TDC's own economic impact calculator, Naples Zoo brings between 25- and $27 million a year to our economy here in Collier. Our budget is about $4 million a year now, and we employ 50 people. Spend $1.4 million doing that. We provide $59,000 in free zoo tickets, and those are basically given to other nonprofits in order that they can help their missions as well. Our free Saturdays, we've had -- we just have two left this year, and we expect that we will offer that free Saturday in '09 to 36,000 people here in our county, which is a value of $620,000 to our community. We ask that you consider the reduction of our lease payment. We are the only accredited zoo in the United States out of about 220 accredited zoos that has this type of lease payment. Most zoos do pay about I to $10 a year to operate. So with your consideration, we can keep that roughly $240,000 a year and that will go directly into zoo improvements. Thank you for your time. MS. FILSON: The next speaker is Jenny Shackleton. She'll be followed Ray Carroll. Ray, do you want to come up? MR. OCHS: Madam Chair, if! could make one clarification from the -- Mr. Tetzlaff. Did I understand him to say that the money that they've already paid in rent that they're earmarking for capital improvements to meet obligations under the contract? CHAIRMAN FIALA: I didn't hear that. I heard that the money they've paid was going toward the greenway. MR. OCHS: Okay, thank you. CHAIRMAN FIALA: Is that correct? MR. TETZLAFF: (Nods head.) CHAIRMAN FIALA: Okay. Jenny? MS. SHACKELTON: My name is Jenny Shackelton, and I am Page 157 October 27, 2009 13 years old. I am an eighth-grade student at Oak Ridge Middle School and a member of the National Junior Honors Society. I have chosen to read this to you to make sure that I don't forget any important points that I wanted to make. The Naples Zoo means the world to me, along with a lot of other people. The zoo is the only place in Naples that people can go to see a wide range of animals along with the knowledge that is given by the staff of these creatures -- of these creatures, yeah. The Caribbean Gardens are also very beautiful and home to many native birds. The zoo allows families to spend time together exploring the benefits of the educational facility. The employees are all very knowledgeable and willing to stop and answer any questions that you might have about any of the animals. The zoo has a lot of new exhibits like the lions, the fusa, and the bears, and I would be able to see a lot more with the continuation of the funding. The bears were the most recent addition, and they needed a plethora of help to bring it to the zoo. The zoo probably couldn't have done it if they weren't getting the funding. The day the bears were released to be seen by the public, my whole family went along. A lot of my friends and teachers went that day to the zoo for the new display. The lion cub exhibit was also recently added. It is amazing watching the cubs react to their new environment and to each other. It is also exciting to watch them grow up. Anytime I haven't been there in a while, it is a shock to see how much they have grown. It is fun to see young children run up and see their reaction and faces when they see these young lions. This year the zoo may get giraffes, which would be new animals never before at the Naples Zoo, and I am so excited. It would offer the chance to learn more about those animals, and I have heard that we Page 158 October 27, 2009 may actually be able to feed them. I love going to the zoo to see all of the animals. I started my love of photography at the zoo with my dad, and now we compete to see who has the -- who can get the best photo. The zoo offers many opportunities for Collier County residents, and I love going to the zoo on the free Saturday with my friends. It is also fun to be able to go on the member early-entry days to see animals first thing in the morning. Without the funding, the zoo may lose too much money, and there (sic) may not be able to make as many new exhibits. I bet a lot of you have kids and/or grandkids and have brought them to the zoo at least once. We all enjoy seeing and learning about all of these animals in the local close-up environment. CHAIRMAN FIALA: Thank you. (Applause.) MS. FILSON: The next speaker is Ray Carroll. He'll be followed by Geva Salerno. MR. CARROLL: Good afternoon. And let me begin by saying, it's always instructive to attend a County Commissioners' meeting, and I appreciate that you are there doing what you do for all the rest of us. I'm Ray Carroll. I'm speaking to you today in the capacity as president-elect of the zoo board and proud to be. You probably all remember the history as well as I do. What you might not be aware of is how much has been done in the short time that we've been a nonprofit. Becoming a nonprofit has made it possible for the zoo to enter avenues it never dreamed of. And we will gladly adopt the new lease format. And I would implore you to seriously consider voting yes on this item because we think we can, with relief from this rent, do more things with the zoo for the public than we could do otherwise. I think our record in the last five years clearly shows that we're committed to that and that we took very, very seriously the public's Page 159 October 27,2009 trust when it voted to tax itself to get where we are today. It's exciting to be a zoo board member. Many of the zoo board members are here today. Dynamic things are happening. Weare investing in public property and will continue to do so in making the whole community proud. Please vote yes on this item. MS. FILSON: The next speaker is Geva Salerno. She'll be followed by Jeff Noble. MS. SALERNO: Hi. My name is Geva Salerno and I'm the chief program officer at the Conservancy of Southwest Florida. I'm here to support our neighbors, the zoo, in their request for relief in their present situation. $250,000 is really a large chunk out of your operating income, and if you could offer them relief in this manner, it would help them to put that money towards their operating budget and into programs. And they are a strong neighbor. We would like them to continue to be a strong neighbor. And by being able to invest further in their programs and exhibits will really help them to continue in the future. I think that it's a -- they are a huge benefit to the county in terms of tourism and also in terms of supporting the quality of life. Everyone knows the zoo and everyone loves the zoo in this county, and to help invest in the zoo in this manner would really pay dividends down the road to the county. We would like to continue to see the Tetzlaffs operate this zoo and to be successful. They are the best people to operate this zoo, and their knowledge and their passion for their work is evident in everything they do. So as their neighbor, we wholeheartedly support their request. So please vote yes. MS. FILSON: Jeff Noble? MR. NOBLE: I'll waive my time. Page 160 October 27, 2009 MS. FILSON: He'll be followed by Janet Cole. MS. COLE: I'm going to waive my time. MS. FILSON: Suzanne Dorr. MS. DORR: I waive my time. MS. FILSON: Ted Hudgins. MR. HUDGINS: I'll waive as well. MS. FILSON: Eric Thorn? MR. THOM: I'll waive my time. MS. FILSON: Dave P-H-A-F-F (SIC)? CHAIRMAN FIALA: Dave Phaff. MR. PHAFF: Waive. MS. FILSON: Phaff? CHAIRMAN FIALA: Yep. MS. FILSON: Susan Earl? MS. EARL: I'll waive my time. CHAIRMAN FIALA: Thank you, all. MS. FILSON: Tom Bulloch, Bullock? UNIDENTIFIED SPEAKER: He had to leave. MS. FILSON: Douglas Rickenbad? MR. RICKENBAD: I waive my time. MS. FILSON: Nancy Jane Tetzlaff? MS. TETZLAFF: I waive my time unless there's any questions about history. MS. FILSON: Paula Bidlers (sic) -- Brothers? MS. BROTHER: Brothers, and I waive my time. MS. FILSON: Linda Ottendad (sic)? MS. OTTEN AD: Ottenad. I'll waive my time. MS. FILSON: Bruce Anderson. MR. ANDERSON: (Waves hand.) MS. FILSON: That's your final speaker, ma'am. CHAIRMAN FIALA: Great. Thank you, everyone. COMMISSIONER COYLE: Those were great presentations. Page 161 October 27, 2009 CHAIRMAN FIALA: Great presentations. And now, Commissioners -- Commissioner Coyle, you've-- you're first. COMMISSIONER COYLE: Yeah. I just wanted to address some of the concerns that Commissioner Halas had, and I don't want to get the zoo in the middle of a disagreement between board members and the City of Naples. But, in fact, the City of Naples has contributed substantially to the zoo. We have to remember that although the City of Naples represents 6 percent of the population of the entire county, they pay 20 percent of the entire property tax load of Collier County. So on a per-capita basis, they pay a lot of -- a lot in taxes that don't really go back to the city. That money is spent outside the city for the most part. And so in the case of the zoo, the city's share ofthat was roughly $8 million to purchase that property. So the city did invest, and the city residents paid a lot of property taxes to help accomplish the acquisition of the zoo. The other thing that is striking is that all of the other nonprofit organizations that are building substantial capital improvements on their leased property have long-term leases of at least 30 years, some up to 50 years. The zoo only has ten years, and they've put a tremendous amount of money into a piece of property on which they have a very short-term lease. And we understand that they want to serve the community and are serving the community quite well, and the payback to the community is substantial. I think David Tetzlaff said that the free Saturdays each month are worth about 630-, $40,000 a year to the people of Naples, and that's a significant contribution to our community. And I think we all would like to see them continue to improve the zoo, bring in more exhibits, do a better and better job, because that's why we wanted to save the Page 162 October 27,2009 zoo. We didn't want to save the zoo because we wanted to make money off of it. We wanted to save the zoo because we wanted the zoo to provide a valuable service to the citizens of Collier County. So I think there are a lot of good reasons to treat the zoo more fairly than we have in the past, and I would like to make a motion that we approve the new lease format and direct the county attorney to coordinate with the zoo and determine if the zoo would like to take advantage of the new lease format, and if so, consummate the lease and bring it back for our approval. CHAIRMAN FIALA: Second. Okay, thank you. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. And I want you to know that I think the Naples Zoo is one of the greatest things going. And I mean, as far as extending their lease, if they want a 30-year lease, let's give it to them. Now, I do have some real problems with the money issue. I mean, at first when I heard about it, I figured, what damage could it do? No one ever told me until I started researching it that these funds were being applied to the greenway, which is very important, not only to Naples, but to all of Collier County, funds that are not going to be able to be replaced from anyplace else. So if we're going to be dipping into that pot, we're going to be at a tremendous disadvantage. I can see it now, you know, we're going to take this, allot it to the zoo, and then we're going to have to come in at a future point in a couple years and start digging deeper into the ad valorem to try to make up the difference for this money that we're gIvmg up. They were a profit organization. They turned nonprofit, and I think that's very commendable. Principals are still getting paid. I would hope they would. I mean, it's a business deal, and it should be able to continue. One of the things I'd like to know is their profit-and-Ioss Page 163 October 27,2009 statement. Is it true that they have a tremendous amount of money on the books over and above what they have for outstanding debts, something like $800,000? Is that true? Can anybody tell me that? MR. OCHS: I don't have the P&O in front of me, sir. COMMISSIONER COLETTA: Nobody wants to volunteer that information. MR. SOREY: Here. COMMISSIONER COLETTA: Oh, thanks, John. Then I've got a couple other things, too, that I just have to get behind me because I can see this being an impediment when we're coming in -- for the rest -- or the next five years or so, with a drain on the rest ofthe county's budget trying to make up for the greenway money that's not there. MR. SOREY: As a couple of myths, considerations, Mr. Coletta. The money that's been paid in at this point in time has been set aside for our fair share, the zoo's fair share, for the entrance road and reworking in the parking lot. So per se, this -- these resources have not gone to the Gordon River Greenway other than for a parking place and entrance to the Gordon River Greenway. The Gordon River Greenway funding is an entirely different situation, so that's number one item. Number two, our budget for next year, we are projecting -- and David, you may need to help me -- as I recall, 27,000 we just approved the budget -- but approximately a breakeven. We currently are going forward with a number of projects. And our approach just from the zoo's approach, just from a soundness of our financial fiduciary responsibility, we have a season like everybody else in Naples, and during that season, we have an operating surplus. The board has just approved to take that operating surplus and use that to do a number of things. One, to put on a -- the city sewer system. Right now the zoo's on a septic tank. That can't be good for our environment. So to answer your question explicitly, at the end of the year, we Page 164 October 27, 2009 will have approximately $100,000 of excess which we have -- the board in their wisdom had set aside for a catastrophe fund if we have a hurricane. So there is no $800,000. We are using the resources in our anticipation -- and I met with all of you. You've seen the master plan. Our anticipation is, we'll use this $200-some thousand for capital improvements as we go forward. That's the intent unless we have a hurricane or something of that sort. COMMISSIONER COLETTA: Okay. But the zoo is generating capital as it goes forward. They are covering their costs. They actually have money in reserves. That 800,000 money is fictitious. It doesn't exist; is that correct? MR. SOREY: That is correct. COMMISSIONER COLETTA: Okay. I appreciate you straightening that out. MR. SOREY: At the end of this year, my anticipation is we'll have 100,000 catastrophe reserve, and basically we'll be even other than that. COMMISSIONER COLETTA: Let's talk about the public benefit, and there's a lot of public benefit, no doubt about it. MR. SOREY: Major public benefit-- COMMISSIONER COLETTA: Please, Mr. Sorey, let me finish my statement and then -- COMMISSIONER HENNING: I didn't know he was a speaker. COMMISSIONER COLETTA: I didn't know he was either, but that's okay. He's a person of great knowledge. Mr. Sorey, help me with this a little bit now. At this point in time we get a tremendous benefit in the fact, one, the zoo's there; number two, it does offer us a free day once a month, and I can't remember what it is, some Sat- -- one Saturday. MR. SOREY: First Saturday, sir. COMMISSIONER COLETTA: If this is going to be a public Page 165 October 27,2009 entity now and it's a nonprofit, is there any possibility, if we're going to do this and give something up that the public was expecting money to come back from -- that was the original agreement we put together with the voters when they voted for this, and that money could be used to finance the greenway. I've got no problem spending the money in that area. But if we're not going to do that, is there some possibility we might be able to get more amenities for our citizens without having to pay? MR. SOREY: We are committed to use these resources for additional exhibits, the capital plan, which you and I have met on. We -- our intent is to move forward, and our strategic plan is to make this a significant zoo. So unless we have a hurricane or we have a major recession or something of that, our intent and our commitment to the commissioners is, these resources will go to capital expenditures as we go forward. COMMISSIONER COLETTA: And 1-- and I'm really having some problems with this because of our budget constraints and everything else. Everything is working out fine for the zoo. They're doing very well on their own with what -- the money they're generating, holding everything together. We have other needs out there, and even though it says only the greenway you're going to do the driveway and all that, that money could be used to start financing the rest of it. We're not going to see any money coming down for a long time of any sufficient amount. City of Naples doesn't have money to be able to put into it either. So at least this is some way to be able to keep those dreams going forward. Spend it where it is. But I'm very reluctant to upset this apple cart at this time under the present circumstances. MR. SOREY: Understand your concern. Thank you. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Commissioner Henning? Page 166 October 27, 2009 COMMISSIONER HENNING: Commissioner Coyle, is it -- are you going to include in your motion to bring back a lease including the one month (sic) free for Collier County residents? COMMISSIONER COYLE: Yes. Yeah, that would be my intent. COMMISSIONER HENNING: Legal residents. COMMISSIONER COYLE: Yeah -- yeah, legal residents. Yes, and I don't think the Tetzlaffs have any intention of changing that anyway. COMMISSIONER HENNING: That wasn't in the guidance. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: So knowing that these funds were used for the things like the greenway, what are you going to propose to replace that money? COMMISSIONER COYLE: Well, first of all, it's not being used for the greenway. COMMISSIONER HENNING: Set aside for it. COMMISSIONER COYLE: It hasn't really been set aside for the greenway. It's been set aside for the entranceway to the canoe and parking lot, which is Collier County's responsibility. And it isn't one of our projects. Not only that, but I have talked with people who are involved in the fundraising for the greenway, and they have convinced me that they will have contributions to pay for every bridge that has been planned for the greenway crossing the Gordon River with the exception of the one that is subject to negotiation with the City of Naples. That one hasn't been resolved because the location hasn't really been determined yet. So there are people who are raising money to do this now. What we do with the greenway project depends entirely upon what our parks and recreational people want to do, and I'm not sure we've got a complete plan for that yet. We know where the paths go, we know where the bridges are supposed to be, we know we're going to have some canoes up near the zoo, but we don't -- I don't think the -- well, Page 167 October 27, 2009 I'm sure the lease never anticipated that the zoo was going to pay for the greenway. That was never part of the plan. So I'm not convinced that the greenway is in danger with respect to this thing. There are all sorts of priorities we can establish to make sure that we get done whatever we want to get done. COMMISSIONER HENNING: Well, you know, the only thing is, it's like the million dollars to the City of Naples, and we heard the councilman coming up here not ponying up to that. We took a million dollars from parks and rec., and now it's going to the City of Naples. City of Naples has not come up with any more money. And we're talking about, you know, taking more and more away from our long-range parks and rec. plan. That's what I feel that's going to happen with this. COMMISSIONER COYLE: Well, remember that we didn't give the City of Naples a million dollars. All we did was we consolidated all of the fees that we pay to the City of Naples, like the payments for the cleaning up the beach, the payments for parking, and that sort of thing, and then we added a small incremental amount that might have been $250,000 extra. Councilman Sorey, can you verify that? So it wasn't that we gave them one million dollars. COMMISSIONER HENNING: That $250,000 pretty much represents the lease of the Naples Zoo. COMMISSIONER COYLE: Yes, but we're not talking about the City of Naples. COMMISSIONER HENNING: I am. COMMISSIONER COYLE: We're talking about the zoo. Well, you see that's the problem. COMMISSIONER HENNING: I am, because, you know, we keep on whittling away from parks and recs.' budget, and it's just -- it's just not right, giving it to the City of Naples. And now that -- there's going to be a continued commitment for the greenway and the access Page 168 October 27, 2009 and so on and so forth. And I know where you're going to go with that. There's going to be some more money from parks and rec., and I guess I have to share some of the concerns of my colleagues. COMMISSIONER COYLE: Well, I don't think the concerns are founded, well-founded. I think that the Productivity Committee has already stated that the costs for community parks that are included in the update -- the impact fee update are greatly inflated and that there probably will be no need for more community parks along the coastal corridor. I think that our parks and recreation department has substantial facilities to serve the people of Collier County. Our population has declined. There's no indication that we're going to be growing rapidly anytime soon. There is no need for substantial parks and recreational capital projects in the next several years. COMMISSIONER HENNING: But that's a different funding source. That's not impact fees. That's not ad valorem dollars. COMMISSIONER COYLE: We don't have to allocate ad valorem dollars to the greenway. We have chances for grants and lots of other sources of funds. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I guess I'm confused, because our information here is that the money that's been collected so far is for the Gordon greenway project, park project 80065. Park capital project center, 116360. I'm looking down the road, and as we lose more funding and turn this over to other people, my concern is the ad valorem taxes in regards to -- well, let's get -- hit it right in the head here. We're going to be discussing that. But I believe we have a debt service of about $600 million. And impact fees are presently not coming in like everybody anticipated because of the economic situation. Page 169 October 27,2009 So the end as a result is, to payoff these bonds, if we don't have the money, the revenue, then it comes out of ad valorem taxes. And as we whittle away at this, it's going to make it more difficult to get to balancing the budget to the point where there's going to be some facilities or some services that are no longer going to be available to the public unless they want to step up to the plate and pay higher taxes, and I don't think any of us are -- want to go in that manner. When I look at the funding here and -- then I look at what they are charging, $19.95. Ifwe come up with a proposal where they have to pay less of the -- the allotted money, then I think that the zoo ought to come up with something that -- instead of paying $20 for an adult, maybe it should be $10 per adult, and for a child, maybe $5. That makes up the differences, because there's got to be a benefit here for the citizens other than we're -- other than we are pushing money out the door here and trying to figure out how we're going to balance the budget come in June. I've got a real problem because I don't see where there's going to be an offset for the revenue sources here. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. If we're going to balance the budget on the backs of nonprofits, why don't we charge a quarter a million, maybe a half million dollars to the county fairgrounds or maybe the Children's Museum. They're going to be paying a fee -- they're going to be charging a fee. Why don't we charge them a quarter-million dollars a year -- COMMISSIONER HALAS: I think we should. COMMISSIONER COYLE: -- and the Senior Friendship Center in Golden Gate? The point here is one of fairness. And if you're going to single out one nonprofit lessee, then why not treat everybody the same? That's what we're trying to do here is to be consistent in the way that Page 170 October 27, 2009 we treat people. We're not looking for a cash cow. We're looking for an exceptional zoo that serves the people of Collier County and has constantly improving exhibits, and that's what they want the capital to do. So when we talk about benefit, you have to keep in mind the benefit of a well-maintained exceptional zoo. So I just think it's the wrong thing to do to look to this as a cash cow. They have contributed a fair amount of money for their portion of what is going to be done with respect to the Gordon River Greenway. So I think that it's highly discriminatory just to select this one organization and say, we're going to make them pay more money. And can -- David, did you want to say something? MR. TETZLAFF: Please, sir. If! could correct that, because I have staff sitting behind me. Staff has been very proactive in helping the zoo in its success. And to clarify, the money we -- that we've paid to the county in the last four years is that 988-. Staff has set that aside in the event that we could not pay it when it's due, because when we build the road that will come in off Fleischmann Boulevard, it tees north to the county kayak launch, tees south of what's going to become a shared parking lot. It's a 50/50 cost share between the county and the zoo. At such time when the project does happen, if the zoo did not have that money, then staff would use that money that we've had in escrow, perhaps you could call it, and then at such time we could pay it back. My concern right now is that it seems that we're being punished for our success. Yes, the zoo has had a great year. Yes, we did have a surplus of$358,000. Our board that is sitting here voted; we spend 258- on improvements that go directly into the zoo. So it's not like we're using that money for everything else. Every dollar we keep goes Page 171 October 27,2009 into improving the zoo and nothing else. We're not a family business anymore. I'm not going to buy a house in Key West and yacht over this. It's going directly to help the zoo, make a better zoo for the community, because no one politicked that hard five years ago. And it wasn't just to save my job. If Collier County didn't have a zoo, we'd be the largest metropolitan area in the United States that did not have an accredited zoo, and that would be a shame for this community . And as far as if we were giving that -- keeping that money to change what we charge to our customers, that -- the numbers just aren't there. The math doesn't add up. And plus, we're the only zoo that has a free Saturday. A lot of zoos -- the almighty Bronx Zoo buries their free Saturday on a weekday afternoon for two hours. We give the best free Saturday option there is. Yes, we're normally 19.95, but we also give a 50 percent discount to the residents of Collier County. So now we have about 5,000 memberships representing 21,000 individuals that benefit from this discount. So we have a 50 percent discount and 12 free days a month (sic). I don't know how much blood you can get out of our stone because keeping that money is only going to help the zoo. It goes to nothing else but helping the zoo. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Boy, I tell you, this is far from comfortable, I'll be honest with you. There's circumstances -- we're trying to make comparisons with other entities out there that were in place, that built their own infrastructure, have been standing alone ever since they did it. If they had come in and -- under the same circumstances, there probably would have been a fee assigned to them. The thing was is that when we brought this before the voters, you were a profit organization, for profit. We charge you same amount of Page 172 October 27,2009 rent you have ever paid before, and that was part of the whole package that we put before the voters, and they approved. So it's not even five commissioners that are making the decision. It's the thousands and thousands of voters that made a decision, and that was one of the elements of it. So the only thing that's changed is you changed from private ownership to nonprofit. Other than that, there really hasn't been any changes. Meanwhile, you seem to have enough funds to be able to operate. I'm recognizing the needs of the greenway that's at your front door and going up and down the road. I'm not saying take that money and put it out in my district. I'm saying, spend it right there to get another amenity in place as we go forward. You really haven't made the case that this is an absolute necessity for us to do it. And no one's been able to explain to me where this money for the greenway is. I'm told again, which I've heard many times before, there's always some entity out there that's going to come up with donations to pay for this or pay for that, and it never happens. We're always sitting here with the whole bill in our hands and going forward. Everybody's looking at us like we're -- what was wrong with us. Yes, you've got something to offer? MS. RAMSEY: Well, I hope so. My is Marla Ramsey. I'm the public services administrator. I'm just going to answer the question regarding the funding for construction as it relates to the Gordon River Greenway, which we are about -- we're not quite 30 percent at yet. We haven't signed off on the 30 percent plan. Once we sign off on the 30 percent plan, I can't make changes to it. So we're right now in CDES, and we're doing some review of those, and they are requesting changes of us. So once we have those all done, you'll see a 30 percent plan will start to solidify. Our funding as we have it laid out right now is coming from three different sources: Florida Community Trust on the reimbursement of Page 173 October 27,2009 the land; we got a grant there. Conservation Collier has a piece of this Gordon River Greenway; and we're also looking at South Florida Water Management to help us with some flowway improvement dollars. The price tag that I have -- and, of course, it changes, depending on what, you know, the recession dollars are looking like here -- was 15 million at one time. I've got about 8 million from the Florida Community Trust to do the county's side of the park. As David explained to you, the lease agreement has a 50/50 cost share on the improvements that benefit the zoo in that lease. Overflow parking area, for example, that's not in the lease agreement. It's county-owned land. It will hold about 270 cars. There's a 50/50 share on that. COMMISSIONER COLETTA: Yeah, but Marla, your organization, how far are they in arrears regarding impact fees? MS. RAMSEY: Parks and recreation is probably one of the few that's not -- that hasn't dipped into the ad valorem side in order to make their debt service. We're going to -- we're going to make it this year. We're probably not going to make it next year. COMMISSIONER COLETTA: So in other words, you have enough funds left to be able to get through this year, but next year you definitely don't. In order to be able to cover your debt of impact fees that we're supposed to be getting impact fees to pay for, you've got to go into ad valorem for it. So as far as incurring any more debt, even if it's labor or whatever, is not something that would be highly recommended by any good business. MS. RAMSEY: The way that we were looking at the rent was to try and use that for the operating costs as it comes -- as the zoo came -- as the greenway came online. There are going to be staffing needs. There's going to be, you know, emptying the garbage, cleaning the restroom facilities, maintaining the boardwalks, et cetera. We were Page 174 October 27,2009 kind of eyeballing that fund as being the funding that we would use -- COMMISSIONER COLETTA: The funds from that to take care of your actual labor costs. MS. RAMSEY: Yeah, to do the operating element of it on an annual basis. Of course, the reason we've allocated it into a fund is I didn't want it to get lost in ad valorem. I could have tossed it into the park budget at any time and just used it as an ad valorem subsidy. I didn't do that. I put it into a project number so that I could secure it for the greenway and then use it for the future. But, you know, if we don't have it, then we'll have to look at how that funding will go. We're still a couple years out before that greenway's going to be ready. COMMISSIONER COLETTA: But once again, we're in debt up to our eyeballs. We have real issues out there. We don't have a funding source to be able to cover the labor, then where's it going to come from, you know, libraries, parks -- other parks out there in other parts of the county? Won't happen. You have to have a funding source, you know. And I think this is a wonderful funding source, and it's an amenity right in front of the zoo. And I'd hate to -- I don't want to lose either one, and I don't think there's any reason to. CHAIRMAN FIALA: Did you want to say something, Leo? MR. OCHS: No, ma'am, only, again, to Commissioner Coletta's point, the greenway is considered in the country system as a regional park, and those operating expenses come from your ad valorem fund. Community parks come from your unincorporated area 111 fund. Because this is a regional attraction and it's categorized as a regional park, those operating funds come from your ad valorem general fund. CHAIRMAN FIALA: Thank you for clearing that up. I know I'm just supposed to preside, but I just want to jump in here. And you're next, Commissioner Henning. I'm sorry. I just felt I needed to weigh in on this a little bit if you don't mind, and that is, you know, it's all about fairness, too. Page 175 October 27, 2009 And fairness, in my viewpoint -- my viewpoint is that all of the other attractions in town that are -- that are for our community that are on public land, on county-owned land where they pay $1 or $10, and they offer things to the community -- maybe they don't ever offer as much as the zoo, but they also offer, and it just makes me uncomfortable to charge the zoo $250,000 a year and not charge the other ones. It just does not seem fair. I'm sorry. And so I really have to -- I seconded Commissioner Coyle's motion because I feel it's the fair and right thing to do. Commissioner Henning? COMMISSIONER HENNING: Yeah. And I guess I -- the perception is that I wasn't in favor of it. I am in favor of the lease. It is, like you said, Commissioner Fiala, the fairness issue. My only concern is, with some of these other things coming up such as the greenway, I just -- I guess I just publicly want to say that, you know, we've given enough to the City of Naples and they always come with their hand out and, you know, we've just got to take care of our own. And so those are the things I'll be fighting for is -- I know Commissioner Coletta has ball fields that he needs in his district, and I think that's very important. So if moneys that was going from this lease into the greenway or whatever, then -- they're not there, then we're just going -- not going to be in favor of taking it from Commissioner Coletta or anybody else. But again, you said it very articulately. It's the right thing to do in this lease, so I'm supporting the motion. CHAIRMAN FIALA: Thank you. Commissioner Halas? COMMISSIONER HALAS: Yeah, just to touch base on nonprofits. I think that, depending upon what the nonprofits represent, if you have people my age that are involved in card gyms or whatever else and they go to a community center, I think there should be a Page 176 October 27,2009 minimum amount that they're charged, maybe $5 a year or $3 a year for the rental of that facilities. Girl Scouts, Boy Scouts, they all fall under that category. There's talk about the Children's Museum. If the Children's Museum is going to be a nonprofit and they're going to charge a large price, then I think that there should be -- that it should be fair to the Children's Museum along with the zoo that there's a charge that's incurred, and it's going to be a lot more that $3 or $5 because it's a nonprofit, but yet they're using our land. And I think that maybe if we've made an agreement with the Children's Museum, that we have to look at that also. I'm very concerned -- and it's not for a cash cow. I'm very concerned in these economic times how we're going to make sure that we address all the issues that everyone that lives in this county -- because everyone has got their own ox that they don't want gored, and so we have to figure out the best way. And so it's only being fair to everyone in regards to what goes on now. The fairgrounds came up for discussion. So maybe there's something in there that we need to look at. I don't think it's going to be 250,000, but it might be, you know, $5,000 or whatever. But I think we have to look at each and every one of these nonprofits and find out what they have to offer to the public. And if they're a short-term -- like the fair's only there for two weeks, obviously you're not going to charge them 250,000 when you've got someone like the Children's Museum or the zoo that wants to use public property, and we're trying to figure out ways that we can make ends meet also. And I sure as heck don't want to keep shoveling money out the door. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I really don't want to snatch defeat from the jaws of victory here by continuing to debate this any longer. Page 177 October 27,2009 CHAIRMAN FIALA: Good. Okay then. I have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: It's a 3-2 vote. MS. FILSON: Who was the two? CHAIRMAN FIALA: Commissioner Halas and Commissioner Coletta. Okay, folks. We're going to take a break. MR. OCHS: Ten minutes? CHAIRMAN FIALA: Yes. MR. OCHS: Then we'll come back for our three o'clock time certain. Thank you. (A brief recess was had.) CHAIRMAN FIALA: Would everyone please take their seats. Item #IOD RECOMMENDATION AND CONSIDERATION TO (1) GRANT THE SOLID WASTE MANAGEMENT DEPARTMENT THE AUTHORITY TO PURSUE AN AMENDMENT TO ORDIANCE 05-46 TO REZONE BEMBRIDGE PUD TRACT "A" FROM RESIDENTIAL PUD TO COMMUNITY FACILITY PUD TO BE PROCESSED BY CDES ON AN EXPEDITED OR FAST TRACK BASIS; AND, (2) CONTINGENT UPON THE REZONE APPROVAL, APPROVE A TRANSFER OF 5.11 ACRES, BEMBRIDGE PUD TRACT "A", FROM THE COLLIER COUNTY Page 178 October 27,2009 EMERGENCY MEDICAL MANAGEMENT DEPARTMENT FOR THE RELOCATION OF THE NAPLES RECYCLING CENTER, AT A COST NOT TO EXCEED $450,000; AND, (3) APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $419,734 FROM THE COLLIER COUTNY SOLID WASTE MANAGEMENT FUND (474), SOLID WASTE CAPITAL PROJECTS, PROJECT #70013, SANTA BARBARA RECYCLING CENTER TO THE EMS FUND 350 - MOTION TO DENY - APPROVED MR. OCHS: Madam Chairman, we have a three o'clock time certain that we're running behind on, so if we could move to that. That's item IOD on your agenda. It's a recommendation and consideration to, number one, grant the solid waste department the authority to pursue an amendment to ordinance 05-46 to rezone Bembridge PUD Tract A from residential PUD to community facility PUD to be processed by CDES on an expedited or fast-track basis; and number two, contingent upon the rezone approval, approve a transfer of 5.11 acres to Bembridge PUD Tract A from the Collier County Emergency Medical Services Department to the Solid Waste Management Department for the relocation of the Naples Recycling Center at a cost not to exceed $450,000; and number three, to approve a budget amendment to transfer funds in the amount of$419,734 from the Collier County Solid Waste Management Fund, solid waste capital projects for the Santa Barbara Recycling Center to the EMS Fund 350. Mr. Dan Rodriguez, your solid waste director, if you can see him, will present. COMMISSIONER HALAS: You can take the sign down and put it down in front there? COMMISSIONER HENNING: Just hold on to it so we can see it. CHAIRMAN FIALA: And Dan, may I just interrupt for just a Page 179 October 27,2009 second before you begin and ask Sue, how many speakers do we have? MS. FILSON: Fifteen. CHAIRMAN FIALA: Fifteen speakers. So anybody who wants to speak on this subject, please hand in your speaker slip now, because after this time we will not accept any more speaker slips. Thank you. MR. RODRIGUEZ: Good afternoon, Commissioners. For the record, Dan Rodriguez, your Solid Waste Management Department director. Madam Chair, thank you for the opportunity to recommend and consider the relocation of the Naples Recycling Center to the property owned by the county government on Santa Barbara Boulevard known as the Bembridge PUD. I would also like to thank the citizens of the local communities near Bembridge for their opportunity for them to come and give their opinions, but also for their hospitality in allowing me to come to some of their communities to speak. Commissioners, staff is recommending that you grant the Solid Waste Management Department the authority to pursue an amendment to the Bembridge PUD tract, returning it to its original designation as public use facility. Contingent upon the rezone approval, approve a transfer of the property to the Solid Waste Management Department from the Emergency Medical Services, and approve the necessary budget amendments. Commissioners, as in all of our projects and programs, the Solid Waste Management Department staff keep within our mission and board-approved guiding principles to provide best value, responsive, compliant, essential solid waste services that protect our environment, preserve valuable landfill airspace, and plan for the future disposal needs of the community. On December 5th of 2006, the Board of County Commissioners Page 180 October 27,2009 approved the integrated Solid Waste Management strategy that provides clear direction to preserve landfill airspace and protect our natural environment. The integrated Solid Waste Management strategy is divided into four integral parts. Those components include source reduction materials, reuse and recycling, diversion, optimize existing assets and resources, and obtaining additional facilities. Within those components are over 32 options outlined by the board to reduce, recycle, and divert materials from our landfill and to collect household hazardous waste, protecting our environment not only for this generation but for generations in the future. Commissioners, this chart represents the solid waste demand for disposal in our community. Here in Collier County the citizens, visitors, and businesses produce over 750,000 tons of waste annually. The truly good news is that based on board direction and approval of your strategy, over 71 percent is diverted through recycling, reuse, or disposal outside of Collier County. Great recycling programs like your yellow-top recycling initiative as well as operating recycling centers contribute greatly to preserving valuable landfill airspace; however, Commissioners, we are still burying over 29 percent or 215,000 tons of our waste in the county landfill, the majority of which comes from businesses. We can still do much more by providing the needed infrastructure to recycle and divert more. Commissioners, this is the proposed Solid Waste Management AUIR you will be reviewing in November which reflects the remaining disposal capacity of your Collier County Landfill. Thanks to your direction and approval of the solid waste initiatives, we now have over 28 years of disposal capacity at the Collier County Landfill. You commissioners have come a long way in ten years -- from ten years ago when we had less than five years of disposal capacity. Recycling works and it works well in Collier County, due in large part Page 181 October 27,2009 to your support, adoption, and funding of your integrated Solid Waste Management strategy. Most importantly, we make it convenient for all residents to participate. Commissioners, we have great potential to continue to increase the amount of recyclables that we collect and divert from our landfill. This chart here shows you an example of the recycling centers we currently have in service. The green triangles represent at our landfill transfer site and other recycling centers where we currently collect those materials. The red triangles are potential sites that reflect areas that would benefit from a recycling center nearby. The current site is inadequate for current and future recycling and household hazardous waste disposal needed for many reasons. Unsuitable site for construction and improvements. We did not have the utility infrastructure to build new facilities there. It is on leased property, which is not best value to the community or the taxpayers. The site does not provide the facilities to properly process larger volumes of recyclables, saving landfill airspace, and offsetting costs to run our operations. Commissioners, this is a partial overview of the west side of our current site. As you can see, it's a city of Ted's Sheds and dirt roads. It is situated on an old landfill that was built back in the 1940s. Before we can make any improvements, we must first gain the needed permits to make those improvements. As part of that process, we would have to get a Site Development Plan. Prior to all that, we would need to reclaim 15 to 20 acres of the property to develop. Again, this is not a best-value arrangement. That is on leased property. Here's another aerial view which shows the east side of the property. Reclaiming an old landfill is risky business, especially when that landfill was filled during a 50-year period when environmental protection was not a priority. The next several slides reflect the current conditions at our Page 182 October 27,2009 recycling center there at the Naples Recycling Center next to the airport. These conditions are not sufficient and can be improved by relocation of this facility. This picture reflects sink holes that pop up occasionally at the site. Because it is an old landfill, it continues to settle. As shown in the next picture, during the rainy season -- which we had a long rainy season -- there's several areas that do not have proper drainage. Investing several hundreds of thousands of dollars for proper drainage would require reclamation of the landfill site, a development plan and permits as well. As you can see in the background are Ted's Sheds which we use for storage of our recyclable materials and household hazardous waste. With a new facility, we can properly store materials and package them for shipment for recycling or reuse. This is an example of our current baler for cardboard. With a new facility, we could bale much more cardboard and recyclables. More importantly, we could bale many more types ofrecyclables with an automated baler, reducing the number of staff needed to work this operation. Those individuals could be used to provide more collection points throughout the county and bring those recyclables to the center. The proposed new site location is shown here, which we're all familiar with. The site is ideal in that it's centrally located to several communities. Our primary customers are residents. Weare looking to collect and receive materials that can and should be recycled and properly disposed. This facility is not required to have a commercial or light-industry zoning. We only take in household hazardous waste. That's primarily what you have in your garage or your kitchen. We do not serve large industry. They're already required by the proper disposal contractors to have on staff as part of their pollution control ordinance. We best serve the many residents who have leftover paint, oil, herbicides, pesticides, and many recyclables like plastic, metals, and Page 183 October 27, 2009 woods. The site is surrounded by commercial properties that sell household hazardous waste, whether it be Publix or the auto parts store on Radio Road, or the 7-Eleven gas station right on the corner of Davis. There are thousands of visitors buying materials every day that, once used or unused, may be brought to the recycling center for proper disposal. The benefits of relocating the Naples Recycling Center: We eliminate the lease that we're paying to the City of Naples. We pay them roughly $44,000 a year. The Naples Recycling is located on an old landfill, as I mentioned earlier. The liability with that is tremendous. The current leased property is not available for sale. We've checked into that. And any capital investment in the Naples Recycling Center would incur a noncounty-owned property. Commissioners, this is just a conceptual plan of the recycling center we're proposing. It would need to be approved by many different agencies. But well in advance of the process of the PUD, we went out to the public to get information from them on their concerns and issues that they may have. The day that this facility is opened, we'll immediately begin saving airspace at your landfill and protect our environment from illegal dumping. This facility and operations would be mirrored towards the Marco Island's facility, but slightly larger. Our proposal is to build a facility that would operate similar to Marco Island that is aesthetically please but operationally functional. We plan to automate our operations with the appropriate bailers, containers, to reduce double handing and processing. Our facilities have no off-site odors. Traffic would be controlled and limited to egress and access at our own entrance. Weare required to meet all county noise ordinances. This is an example of the entryway where residents would first Page 184 October 27,2009 pull up. This is Marco Island. Well-landscaped, clean facility, designed for convenience to the customers. There would be separation of public visitors and county equipment providing a safe environment to drop off your recyclables and household hazardous wastes. We are asking to build a clean, well-organized facility that allows for increased recycling and less staff. On Marco Island, prior to building a new facility, we had four full-time employees running that facility. We currently operate the facility with only one individual through automation of our operations, separation of public visitors, and contracted resources. This is an example of used oil collection containers that are double walled and have a collection point. We have -- also have the appropriate fire suppression systems. This is an example of the area of the bay where we collect batteries. We receive many batteries from our residents. These are OSHA-approved hazardous -- household hazardous waste collection for chemicals that are stored in cabinets. Again, these materials are the materials that you have in your garages, whether it's a spray can, a spray bottle, oil container. In addition, we also have the appropriate exhaust filtered system so that we can collect any vapors on fumes that accumulate. And again, this entire process or permitting for handling these materials is approved by FDEP. Here's an example down on Marco Island how we collect paint. Very simple containers. We collect five gallon, pints, gallon containers. Commissioners, these items do not belong in your landfill. They do not belong in your garbage can. They do not belong in your canals or in the ditches in Collier County. These materials are actually collected and recycled and used for a beneficial use. In addition, we collect florescent light bulbs. They're collected in a machine that actually captures the mercury, and then that is processed and sent off to a facility where it's properly disposed and Page 185 October 27,2009 not placed in commercial dumpsters or in your waste container. County staff has worked hard to provide information to the surrounding communities by providing public information meetings as well as contacting different homeowner associations. I have personally responded to 34 inquiries about our conceptual plan and our plans to move a recycling center to that community. Additionally, we have developed, with the help of our customer service public information department, a video on the government channel that outlines our functions, responsibilities, as well as what we do at the Marco Island Recycling Center. We've had two advertised open house meetings inviting members down to Marco Island to see first hand what exactly that we do at the recycling center. This facility, we have state-of-the-art security to ensure safety to the public as well as to the facility, protecting the county's asset. We will have the appropriate buffers, fencing, walls, and landscaping as part of our good neighbor policy. The Bembridge property is an ideal location to serve our customers, the residents of Collier County. Solid Waste Management Department, with board approval, has planned for facility improvements over the last several years at many of our facilities. Getting out of leased space where an old landfill is a major liability is a best-value decision. A state-of-the-art facility will provide increased recycling, enhanced protection of our natural resources, and our communities. Lastly, it will help us to meet the deadline given by the Florida Department of Environmental Protection to recycle 75 percent of our waste stream by 2020. Commissioners, I'd like to leave you with a visual that will help everyone in our community to understand the magnitude and demand to recycle more in our community. Based on our current tonnage coming to the landfill six days a Page 186 October 27,2009 week, we could fill the Harmon Turner Building, Building F, in two weeks all year long. Commissioners, staff is recommending that you grant the Solid Waste Management Department authority to pursue an amendment to the Bembridge PUD tract, returning it to its original designation as public use facility contingent upon the rezone approval, approve the transfer of the property to solid waste from EMS and the necessary budget amendment. Thank you. CHAIRMAN FIALA: Thank you, Dan. And now we have 15 speakers. MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: Sue, would you like to please call them? MS. FILSON: Randy Johns. He'll be followed by Dom Festa. Would you like to come up? MR. JOHNS: Hello, Commissioners. I'm here to represent the Dolphin Plaza. We're just south of your facility. And we really feel that that's an industrial use that you're trying to put in a residential neighborhood, and we just want to express our opinion on that. We think there's a better location to use this facility. Thank you. MS. FILSON: Next speaker is Dom Festa. He'll be followed by Gerald Silva. MR. FESTA: Madam Chairperson Fiala, Commissioner Coyle, Commissioner Halas, Commissioner Coletta, Commissioner Tom Hennings (sic), I'm very proud to have this opportunity to talk to you. Normally when you add a facility that benefits the community, it's well thought out. And I want to applaud the board and Solid Waste Department for the great plan. So I'm not opposed to what is going to happen. Also, I think a consideration that it's going to benefit the community is very critical. Another one is the effect it has on where it's going to be located. I think you have to consider that also, the Page 187 October 27,2009 impact. This should not be a negative impact on the area where you're locating these beneficial facilities. I'm a little nervous, but I'll straighten out yet. Is it three minutes, time certain, Madam Chairperson? Okay. As I look at the recycling, it's going to impact, I think, our property values. I don't think it's in harmony or compatible. I take pride. I know that Commissioner Fiala has through the years of our Naples east area, our Naples south area, desirable of living there, and trying to keep that image improving all the time. Also, I think it's a safety thing. I'm speaking as a resident concerned about the area. I'm speaking as a board member of Countryside, about the community of Countryside. I'm speaking as an educator. I'm kind of surprised there aren't more parents and children. I spent 34 years in schools where something could pose a -- maybe a long-range threat, but I think there is a risk there in the materials that will be coming to that center. And I also speak an as exempt fireman. When you have all those flammable materials in one area -- and Mr. Rodriguez spoke about the Publix and so forth, they don't have chemists working there. A lot of our recycling centers hire chemists. I think you realize why they do that. I don't know if you folks plan on doing it, but there is a danger when you mix the liquids together. Now, as far as the name itself, it's a little misleading. You said Naples Recycling Center, and I go to the site and the real name really is, Naples Recycling and Household Hazards Waste Collection Center, and we somehow don't want to use that term. I told Dan about using it. He has refused to use that term, and that's really the term we should be using so we don't confuse the people. Now, also, what -- the wake-up call for me, when I drive up, it says -- tells me, enter at your own risk. There's a sign there. It also says, children must stay in the car. It also says that. CHAIRMAN FIALA: Thank you. Page 188 October 27,2009 MR. FESTA: And maybe -- maybe it's a warning for all of us about driving past this center, stay in the car and drive by your own risk. I hope not, but I want to thank you and good luck. MS. FILSON: The next speaker is Gerald Silva. He'll be followed by Wayne Sherman. MR. SIL VA: Madam Chair, my name is Jerry Silva. I'm vice-president of the master board of directors of Countryside Golf and Country Club. I would like to thank the Board of Commissioners for the opportunity to address you today to express the concerns and questions our community has regarding the proposed recycling center. I would like to read the statement of Marcia Feeney, our board president, for the record. We applaud your effort to encourage recycling in Collier County and make these centers more convenient for citizens. We at Countryside encourage this effort and have made __ have been strong proponents of recycling, evidenced by our recycling bins lined up and down our streets. We also want to thank Dan Rodriguez, director of Collier County Solid Waste Management Department, for conducting a seminar at Countryside. He did this to explain the purpose and the scope of the facility and to answer our concerns. Our members listened intently and asked very probing questions. There was no empirical data to support Mr. Rodriguez's answers other than comparing the recycling center to Publix and other commercial businesses in the area, which is an inaccurate comparison since the products at these sites are secured in proper containers by the manufacturers to withstand the rigors of shipping and handling. Many of us at Countryside are grandparents, and from that perspective, we question the wisdom of placing a recycling center in close proximity to a school. The Calusa school is A-plus rated and would be an inducement to many families to move to our area. We have a membership committee whose purpose is to encourage recently retired and/or families to move into Countryside. Our efforts will be Page 189 October 27,2009 undermined if you proceed with this project. We believe these individuals would not see the convenience of a recycling center, an argument presented by the county, as a selling point. I think it would be a deterrent. We were assured that it is safe, yet when you're asked about spills and asphalt that have a long-lasting effect, we were not given an answer. We're concerned about the health -- potential health effects and want to know what the preliminary and other health consequences are to children ifthere are spills. Has a risk analysis been conducted? When we asked about a stormwater-holding lake and other possible contamination, we weren't given a specific answer. We asked if an environmental impact study has been conducted, and we were told it would come later. Another concern, of course, is the impact on traffic. We were initially told it would only be one road for both the center and the school. After further consideration, it's apparent the county included an additional road to the center. In order to enter the recycling off Santa Barbara traveling south, you would have to make a U-turn at a major intersection. The volume of traffic it yet to be determined, and the impact to traffic flow to Santa Barbara has not been studied. It was recommended by Commissioner Fiala to visit the site on Marco. Ms. Feeney did. Had the opportunity to talk with the manager of said facility. He was very informed and the site was clean, material contained, and it was aesthetically acceptable. But there are other considerations. The new center will be four times the size, will be placed in a community facility PUD, and an EIS and traffic study have not been conducted. In conclusion, we're opposed. Thank you. MS. FILSON: Wayne Sherman. He'll be followed by Robert Jenkins. MR. SHERMAN: Dear Madam Chairman, thank you for the Page 190 October 27,2009 opportunity to speak to you. I'm a resident of Collier County, have been for about 15 years, and before I retired I was a planning engineer and a business planner for a public utility and also for a large federal government agency. I also did a stint as a city planner in my hometown back in Oklahoma. I'm speaking in opposition to the use of the PUD in question for this county recycling center. I think it's a great idea because recycling is a great idea, and I use the yellow-top containers frequently, but you've heard several reasons. Well, here are a lot more reasons why a recycling center is not the place for the -- the plant is not the place for the recycling center, and I'll talk about just one. It appears to many that the area for this PUD is right in the middle of a residential area, that the county wants to do something that will degrade the area in the eyes of the current and future residents and would likely negatively impact the property values and the county tax base for that area. Now, you're talking about -- I don't think anybody, in figuring the value of the property or the lack of -- or how much little it will cost -- figured out how much it would degrade -- or possibly degrade the value of the properties in that area and reduce the county's tax base. If the county would come up with a land usage that would at least be neutral -- and, you know, Countryside has been -- somebody told the county that no matter what you want to put in there, Countryside would oppose it. But if the county would come up with a land usage that would be at least neutral or would enhance the area, there would be no objection from the people in our area. How about country -- county making it a public park? Why not turn it over -- the county owns it. Why not turn it over to the parks and recreation commission? There's a big shortage of parks and children's playgrounds in the immediate area, and their property's ideal for that Page 191 October 27, 2009 purpose. First, the nearest existing park is a mile away on the other side of 1-75, too far for primary school-age children to walk. Secondly, it's near Calusa Park School and to the Boys and Girls Club and easily accessible from both. It is also quite near an emergency services facility in case of an accident or injury. I believe the county would get no objection from the citizens of Countryside or even in this area if this PUD were to be used as a public park. But a recycling center, no way. I ask the commissioners to tell the county to make the PUD a park and playground, not a trash collection center. CHAIRMAN FIALA: Okay. MS. FILSON: Next speaker is Robert Jenkins. He'll be followed by Mona Wright. MR. JENKINS: I'm a very poor speaker. I have a very poor voice. And what I decided I would like to do is read to you from my presentation. Because of my problems with properly speaking here, I'm going to give each of you a copy of the presentation I'm going to make. COMMISSIONER HENNING: Just hand it over to the gentleman to the right of you. He'll bring it up, or delegate it. MR. JENKINS: My name is Robert Jenkins. I'm here representing Falling Waters. Falling Waters is a community of 800 residents. Falling Waters is located southwest of the intersection of Santa Barbara and Davis. The Falling Waters residents endorse recycling. In fact, there are recycling containers throughout the community. The material is collected weekly by Waste Management. In our association meetings, there is strong approval of recycling but strong objection to the proposed recycling and hazardous waste center. The site of the proposed center is now zoned residential. The Page 192 October 27,2009 proposed site is in a residential area. The center should be in a commercial or industrial area. Some specific objections are: There is a school directly east of the proposed site, and the center would be an attraction for precarious students. I personally know of an instance in New Jersey where a young boy climbed a fence, and then out of curiosity, climbed into a dumpster. The dumpster contained solvents -- salt rags. The boy was overcome and was found dead the next morning. This can and did happen. It happened in the type of facility that you're proposing. Residential communities -- I'm going to skip down now to -- last Friday I received an email on the Naples Recycling presentation. Page 18 was a concept plan for the recycling center on Santa Barbara. The plan shows the center will process the following: Tires, scrap metal, green trash, construction and demolition trash, scrap paper through __ will be baled, paints, solvents, and chemicals, and other general items. A center handling and processing these types of items should be in an industrial or commercial area, not in a residential area. Thank you for your attention. MS. FILSON: The next speaker is Mona Wright. She'll be followed by Bradford Jones. MS. WRIGHT: Good afternoon, Madam Chairman, fellow commISSIoners. I'm a parent of a Calusa Park School student, and I'm asking you to vote no on rezoning the property adjacent to the school to make way for a county recycling center to be built. Although on paper the deal seems to make sense -- the land is vacant, the county owns it, and there is a need for a new recycling center -- but you are placing the lives of students that attend the school and the staff that work there at risk. Mr. Rodriguez from Waste Management told us that the center will be clean, well organized -- I think he used the phrase -- state of Page 193 October 27,2009 the art. But like all things state of the art, they, too, will become outdated. In today's world, that may be a few years, or in some cases, even before the door is open. At one time the current center off Airport Road was probably considered clean and well organized as well as state of the art. He has also told us that the items the center will be receiving can be found at the 7-Eleven or the auto parts store located down the street from the school. I disagree. The list of items that the center will accept contains several classified as hazardous. The cans and containers which will be coming to the center will be dented, rusted, falling apart; not factory sealed, brand new, and properly labeled. The oils will be used and contaminated. We'll be taking the word of the general public that the item is what they say it is. If there were a fire or a hazardous waste spill, the only exit from the school property is the driveway running alongside the center. The children and the staff would be trapped. Any mismanagement of the center, an accidental spill, or a case of illegal dumping could have disastrous results. Trucks and cars entering and exiting the center off Santa Barbara will have to contend with upwards of350 cars and ten buses twice daily while students and staff come and go from the school. There are times when the cars are backed up in both directions on Santa Barbara even with the recent expansion of Santa Barbara. One impatient visitor to the center who wants to exit or enter could cause a major traffic accident. My child will attend Calusa Park for only another year and a half and would most likely no longer be there by the time a center would be built, but I'm here because, as a resident in Collier County, putting a recycling center next door to a school is just wrong. There has to be another site in Collier County more appropriate. I'm a firm believer in recycling and believe we do need a new effective center, but a center needs to be placed in an industrial area as Page 194 October 27,2009 the current site is, not next to an elementary school. Please do not endanger the children of the county. Find another more appropriate site within the county. We have collected several signatures from people urging you to vote no. Please vote no for the safety of current and future children and staff who attend Calusa Park Elementary. Thank you. (Applause.) MS. FILSON: Bradford Jones. He'll be followed by Michael Maloney. MR. JONES: My name is Bradford Jones. I'm an environmental engineer, and I live at Countryside. Madam Chairman, I feel that this site is unsatisfactory for the following reasons: The proposed Santa Barbara site and recycle (sic) center is in a floodplain. A hydraulic profile prepared in 1985 showing that at the elevation that land is, the IOO-year rainstorm would overtop it, and a category three, a large category three or four or five hurricane would also create a problem. Hurricane flooding would flood up through Crown Pointe development, across the Davis Avenue (sic) at a culvert, up the east side of the ditch along Davis Boulevard, and then find the Santa Barbara new drainage system and basically get the water to the site in that way. The Countryside is surrounded by a dyke, and the dyke has been set at a mean sea level or 11.3 feet above the ocean -- mean level of the ocean. We feel that anything done in this site, the Bambridge (sic) site -- or Bembridge site, should have flood protection of at least up to the elevation or above the elevation of 11.3. The proposed facility stores bulky white goods, which is the washing machine and the dishwasher, that type of thing. And if you saw the picture of what's happening down by the airport, it's a mess. And since they're loading these various containers from the end rather Page 195 October 27,2009 than from the side, there's going to be an overload situation after a hurricane or during times of peak flow, and there'll be unsightly goods -- bulk white goods will be availab- -- will be seen from the road. So for this reason, the fact that there's a lot of truck traffic within the site, I feel it should be entirely surrounded, not just on the school side, but entirely surrounded with a wall. Also there is a hazardous waste potential on this site. Household waste such as Clorox, Tilex, pool chemicals, and granular sodium hypochlorite can cause a release of chlorine if it's mixed with acid. AIls you need to do is take a granular chemical used to chlorinate a pool, mix it with a chlorinated acid, the granular acid, put the two together, and you've got a spill of chlorine gas. Chlorine gas mixed with acid forms a mustard gas used to kill people in World War I. That's the truth. Therefore, a -- because of -- a chlorine gas could trigger an evacuation of the school located only 500 feet away, I proposed the Santa Barbara site is not a great loc'ation where there is this risk of a hazardous spill. Thank you. MS. FILSON: The next speaker is Michael Maloney. He'll be followed by Mike Bradford (sic). MR. MALONEY: Good afternoon. Thank you for the opportunity to speak today. I'm here today to strongly oppose the change to the PUD at the subject property at Santa Barbara for the construction of the household hazardous waste recycling center. Recycling and proper disposal of hazardous waste is an important and responsible thing to do in this day and age. But to have the storage and transfer these hazardous wastes 500 feet from an elementary school and in the middle of a primarily residential area puts those children and the surrounding residents at serious potential risk to their health and safety. My understanding for the relocation of this is, number one, finances. The county is currently paying around 40,000 a year to the Page 196 October 27,2009 City of Naples for the lease of the property at the Enterprise Avenue location on the north side of the airport. The county already owns the property at Santa Barbara. Number two, upgrading the recycling facility with the latest in containment and safety features for the temporary storage and disposal of household storage and waste. Number three, to better serve the community by centralizing the location for its members serving East Naples, Golden Gate City, and the Estates area. Some items that would be dropped off at this facility, as Mr. Rodriguez had pointed out, would be paints, batteries, thinners, stains, light bulbs, electronics, gasolines, pesticides. Presently at -- the Enterprise location accepts over 15,000 gallons of these liquid hazardous wastes at its facility per month. Excuse me. Mr. Rodriguez briefed some residents as to the levels of containment. Storage boxes, air filtration system, security measures that would be in place at the new facility. Many of these items are required by EP A and federal standards due to the fact that there is potential risk to the health and safety of the general public. In my hand here is the 2008 emergency response guidebook, for which it is used by first responders throughout North America. It covers potential hazards and what first responders are to do in the event of a spill or a breach of containment. This includes the possibility of immediate evacuation and the radius and feet and miles based on the particular chemical, weather conditions, and time of day. Many of the chemicals is exactly what would be temporarily stored at this facility, Unfortunately, many could be mixed. My biggest concern is the potential for an accident to happen during the removal of these hazardous wastes. This is when the risks are at the highest, during human intervention. Many people do not know the hazards of mixing common household chemicals and the negative hazardous reactions that can occur. Just because somebody drops off a five-gallon bucket of paint, Page 197 October 27,2009 we don't know that -- what is in that container. They may have put gasoline, varnishes, pool chlorine, liquid fertilizer, possibly increasing the volatility and reactivity of these mixed chemical. In my present profession, I'm required to take a hazardous safety and first responder refresher course annually. And as a former firefighter, I have seen first hand the outcome of accidents with common household wastes, hazardous waste. CHAIRMAN FIALA: Thank you, Mr. Maloney. The time is up. MS. FILSON: The next speaker is Michael Bradford (sic). He'll be followed by Gina Russen. MR. BRADFIELD: Thank you. Madam Chairman and Commissioners, I know you've had a long day, so I'll be as expeditious as possible. I'm going to echo some of the sentiments that some of my previous peers and colleagues have had, specifically Mona Wright. My son also attends Calusa Park Elementary, and I also have two daughters soon to be Calusa Park students. My wife and I are both opposed to the location of the proposed recycling center, although we are in favor of the recycling program, just not in our school's back yard. Waste Management insists that the recycling center will be a safe environment next to an elementary school. Their example is that local grocery store or auto part stores maintain similar hazardous goods as the proposed recycling center will accept. They fail to mention, however, that the shipping, the storage, the labeling, and the packaging are done in a very controlled environment in public stores. A recycling center will be a hazardous waste collection point, which is subject to the storage, the labeling, the packaging of consumers bringing the waste on site. I'm talking about residents like myself with gallons of paint, yard chemicals, pesticides, sitting in my garage that I need to dispose of. Occasionally one might mix a thing or two together to make this in Page 198 October 27,2009 one trip, and obviously the risks associated with that are inherent. The recycling center is at the mercy of the public honestly reporting what types of wastes they are depositing. You cannot be certain that the product is what the consumer says it is, and consequently this poses an inherent safety risk. County Waste Management has proclaimed that a recycling center next to a school is an acceptable risk. As a parent, I do not believe that the risk is anywhere near acceptable. Commissioners, please do your due diligence and relocate this proposed facility to a nonresidential neighborhood. I appreciate and applaud the work and efforts of Mr. Rodriguez and his staff, but the center belongs in a nonresidential area. Thank you, Commissioners. MS. FILSON: The next speaker is Gina Russen. She'll be followed by Laurie Szittai. MS. RUSSEN: This is my sign, so I can put it in front of my face. My name is Gina Russen. Thank you for hearing us. The parents in the community surrounding Calusa Park Elementary simply do not want the newly planned recycling center adjacent to the school. Traffic and trucks will create a dangerous liability so close to a school zone. Current property is zoned residential and has no business being zoned -- rezoned for this particular project. Heavy hazardous trucks carrying hazardous waste do not belong next to a school with only one exit. Traffic during school hours, especially pick-up and drop-off time, will not allow for a smooth operation and will cause potentially dangerous situations due to a lack of proper traffic control. Large hazardous waste collection trucks will have to complete U-turns to head into the right direction. How safe and secure are the trucks when they pull into an improperly planned exit? Accidents happen. Why risk the safety of the children all to save a few dollars? Page 199 October 27,2009 Parents of Calusa Park were not properly informed of the plans and many are still not aware of the plans. Waste Management and the county did not contact several communities, and when they did, they offered incorrect information which led to poor community feedback. If I personally would not have conducted -- or contacted the media, even less community awareness would have occurred. The school boards would not allow us to inform parents, but those that we have been able to reach are against the recycling center being built at the entrance to Calusa Park. Petitions have been signed and delivered from a small portion of those families. Not one person that we have found is in favor of the plans. The Titanic was build as a state-of-the-art modern vessel carrying precious cargo, human lives, unsinkable, perfect in every way until it sailed into waters as it -- waters it was not meant to sail in. Money was no object. Did that matter once it sank? The new recycling center is state of the art, modern, guaranteed fool proof and not to fail. Sailing next to my prescious cargo, traveling into roads it is not meant to travel. Trucks and traffic not meant for that area, hazards waiting to be exposed. Why wonder when and if something could go wrong? Nobody's perfect, not even the recycling center. Ifmoney is your objection (sic), I bow my head in shame and disbelief. Please reroute the recycling center to a properly zoned area, not residential, not in front of a school. Thank you. (Applause.) MS. FILSON: The next speaker is Laurie Szittai. I'm sure -- Szittai? MS. SZITTAI: Yes. MS. FILSON: Szittai. And she'll be followed by Suzie Donnelly. MS. SZITT AI: Board of Commissioners, I would like to express my concerns on why you should not rezone the property located in front of Calusa Park Elementary. My children both attend Calusa Page 200 October 27,2009 Park. As a parent, it is my job to protect them until they are grown and able to make their own decisions. The decision decided today may have an impact on their future. Safety is one of my main objectives. I have heard that there will be proper containment of hazardous waste; however, I cannot be 100 percent guaranteed. Traffic reports have not been done as to what impact this will have on the main street, Santa Barbara Boulevard, during school drop-off and pick-up. There are upwards of 350 cars coming to the school at these times. I do not believe proper measures have been used in finding a location for this center. Surely Collier County has -- owns land zoned in a light industrial area that is not approaching on a school with 860 students and over 100 faculty members. Can I, as a resident of Forest Park, who was not properly informed of this plan, be guaranteed a hurricane will not come down and damage or destroy this center and hazardous chemicals stored at the center will not become airborne? Florida state law and the EP A state that steps should be taken to eliminate or reduce the risk to student health adjacent or located to a site. Please vote no on rezoning and will you be taking the right step for the children of Collier County. Together we can put the recycling center in its proper location. Thank you. MS. FILSON: The next speaker is Suzie Donnelly. She'll be followed by Robert Ellefsen. MS. DONNELLY: Thank you, Commissioners, for your time. I'm Suzie Donnelly, a Calusa Park parent, and this is my son Trace. I'm a registered nurse. As parents of Calusa Park, we don't oppose recycling. We oppose a hazardous waste collection center 100 yards from our elementary school. Page 201 October 27,2009 As part of a responsible community, we have PUDs and zoning laws for a reason. We have several hundred signatures petitioning against the spot zoning of an industrial building adjacent to our school. The current residential zoning exists to protect our students and residents from potential hazards associated with industry. Hazardous waste. In spite of the assurances of a state-of-the-art recycling facility, no one can guarantee how responsible the facility's patrons will be. These are not sealed containers of household items from Publix which are inspected and shelved. We cannot be naive to the fact that people will try to illegally try to dump dangerous materials in this facility. Abuses will happen. Unlabeled containers could contain lethal cocktails of mixed chemicals, pesticides, and poisons. As consumers, we might have one or two containers of these in our garage, but there will be thousands of gallons of toxic substances collected and concentrated on a consistent basis 100 yards from our open-air campus where children walk outdoors, walk to class, play, and have PE, a facility three times the size of the Marco Island facility. According to the World Health Organization, children are not little adults. Their lungs absorb more than twice the amount of toxins. It affects their organs quicker and stays in their bodies longer, leading to cancers, childhood asthma, lead and mercury poisoning. Pesticides are being linked to childhood leukemia. Mercury, a neurotoxin, is being linked to autism. What happens to these housed chemicals in case of flood or hurricane? What becomes airborne? What happens ifthere's a fire and these chemicals are released in the air 100 yards from our children? How much mercury will be tracked into the school? Where are the studies? We found a study. We posted it on our website. In 2007 the EPA examined 208 damage cases. They found environmental damage from these cases, including contamination of air, soil, surface water and groundwater. Page 202 October 27, 2009 Fire was one of the contributing factors of toxins being released in the air in the 2000 (sic) EP A study. In the case of fire, our children are trapped. It is a fenced area to ensure their safety, not to trap them from fire. As parents, we have created this website detailing many more problems in addition to academic performance as a result of noise pollution, childhood predators, and we want you to rethink the location of this facility. I thank you for your time. MS. FILSON: The next speaker is Robert Ellefsen. He'll be followed by Robert Luparello. MR. ELLEFSEN: Good afternoon. This is a request for a zone change, and we have heard enough negative things about it, and I agree with all of them. Where can we put the place if we don't put it right here right across the street from Countryside? The Santa Barbara extension to Rattlesnake is going to be completed in approximately a year or less. Right from the point that we're talking about to the new 911 center is only about three or four miles away. That location has plenty of county property, and there's no reason why we have to go down to the industrial center and buy new property just to relocate this place. Another thought is that the five dot one acres of property that they speak of there is not completely usable. There's a lot of pipes and cables and so forth that's in the property or running by the property, so I don't really think it's large enough to put this location there. Thank you very much. I guess that's it. MS. FILSON: The next speaker is Robert Luparello. (Applause.) MS. FILSON: He'll be followed by Fred Rogers. And Madam Chairman, Fred Rogers is your last speaker. MR. LUP ARELLO: Madam Chairman and Commissioners, my Page 203 October 27,2009 name is Bob Luparello. I'm the president of Berkshire Lakes Master Association. I speak for our entire community of 1,639 families, if not the majority, but all ofthem. You've heard many presentations which talked about the chemical aspects of this site. And I would agree with Mr. Rodriguez's plan or his strategy that we do need recycling. I think everyone in this room supports recycling; however, what is of serious concern to us is the site. Number one, the proximity to the school, which has been eloquently described by many of the speakers before me. But I ask you to consider, in light of the current economic situation and Commissioner Coyle's statement earlier about the downsizing of the population and, therefore, the tax base -- and to look at what the residual effect will be on the property values in that general area. We're putting an industrial site in the center of a residential area. Property values are depressed now. People will not look to buy a property in that particular area. What's the implication on the tax revenues that will be derived? If property values continue to be depressed, the assessments go down and the tax base gets reduces. You know, and I looked at, what's the cost ofthis new facility? Right? I don't deny that we need recycling, we need a better plan, but the place where we tend to put it is the wrong place. I urge you to vote no. Thank you. CHAIRMAN FIALA: Your final speaker is Fred Rogers. MR. ROGERS: Good afternoon, Madam Chairman, or Chairperson, I guess I should say, Commissioners. I appreciate the opportunity to speak to you today. I am extremely concerned that this thing has got this far with the conditions that exist at the proposed site. I think any plan that places a facility with hazardous in its name within a densely residential area and in front of an elementary school would inevitably result in a reduction of property values and degradation of the area. Page 204 October 27, 2009 We elected to tax ourselves to improve the approaches to our areas, and this is not going to do our property values any good. The county continues to dump less pleasant facilities in East Naples. We seem to be the dumping ground, or I even use an English word and say plonking ground for all these different things. We have the landfill, the bus station, the County Barn facility. We've now got the emergency management government offices, Horseshoe Drive, and frankly, looking at the pictures that you showed of the existing hazardous material site, I'm appalled. If we see anything like that in this site, I think there'll be lawsuits, quite frankly. There's a large part of the county north of Golden Gate Parkway, I'm sure you know that. The county needs to share the load of this type of facility with our northern neighbors. Make us a small park in the area, the proposed area, would be a good use of the environment. And I'd have to say proceeding with this action, you're helping to commit East Naples to the county twilight zone. Thank you. (Applause.) CHAIRMAN FIALA: Thank you. That was all of our speakers? MS. FILSON: Uh-huh. CHAIRMAN FIALA: And now we have commissioners. Commissioner Henning, you're the first one. COMMISSIONER HENNING: I have some questions for Mr. Rodriguez from his presentation. It's your understanding this PUD is a -- originally was essential services? It offered essential services in the PUD. MR. RODRIGUEZ: For the record, Dan Rodriguez, your Solid Waste Management Department director. It's my understanding, Commissioner Henning, that it was a public use facility originally. COMMISSIONER HENNING: Okay. What I remember, it was an orchard, and there was -- right at that site there was a stand, vegetable stand, and then it was rezoned to a residential PUD -- and I Page 205 October 27,2009 have it right here. Project description is a residential project a maximum of239 dwelling units. Dependent on market conditions, a nursing home or a church will be 10,000 square feet and 60 -- 600 seating may be constructed on Tract B, parens, five acres. Okay. If you're considering a church an essential service, I agree, but not a government essential service. If you consider nursing homes essential service, I agree. I don't know that government needs to provide that. So I'm not sure where your information is coming from, but, you know, going through the rezone on this for the EMS station not too long ago, we were afforded that information. And maybe we're talking about a different piece of property, I don't know. But let me get to my next question. How big is -- acreage is The Marco Island facility? MR. RODRIGUEZ: Point eight acres. COMMISSIONER HENNING: Point -- it's less than one acre? MR. RODRIGUEZ: That's correct. COMMISSIONER HENNING: Is it located in C5 zoning? MR. RODRIGUEZ: No. I believe it's in commercial property. COMMISSIONER HENNING: Commercial zoning, okay. How big is the facility at the Naples Airport? MR. RODRIGUEZ: We utilize roughly four acres. COMMISSIONER HENNING: Four acres. But you stated in your presentation, correct me if I'm wrong, that you would have to reclaim 15 to 20 acres to have the facility there. MR. RODRIGUEZ: That's correct, Commissioner. As part of a reclamation project, which we have experienced doing at our own landfill of 25 acres, you basically have to remove the material in plenty of distance in order to build the proper foundation for the facility . COMMISSIONER HENNING: Are you not reclaiming that Page 206 October 27,2009 facility on the Naples Airport? Haven't you had -- done that in the last three to four years? MR. RODRIGUEZ: No, that's not our property. That belongs to the City of Naples, which leases it to the airport authority. COMMISSIONER HENNING: So we have never paid to reclaim that old landfill; is that correct? MR. RODRIGUEZ: Based on my understanding and my knowledge, I do not know of us reclaiming the airport authority property . COMMISSIONER HENNING: Okay. The -- how much more services are you going to provide at this proposed facility versus the one on Marco Island? MR. RODRIGUEZ: The site will be very similar. It will just be larger. We'll serve more of the residents in the surrounding community . COMMISSIONER HENNING: Uh-huh, okay. All right. Well, you know -- yeah, I find it -- thank you, Mr. Rodriguez. I find it very difficult to -- on the executive summary it says you want to fast track to spend moneys, in my opinion, doesn't belong. I mean, this obviously belongs in an industrial area or next to an airport. I don't see what's wrong with the present facility. Doesn't have to be beautiful. I mean, you can put all the lipstick on it you want. It still is what it is. You're moving it away from -- we're moving it away from an area that is highly redeveloped, the Moorings, Aqua Lane Shores, all of that area, those people utilize -- or the contractors utilize. It just doesn't make sense to move it away from it. And the same action you have on here, you're asking for a bigger recycling facility that will service the residents in that area just fine. It's only a mile and a half to two miles. It doesn't make sense to, first of all, hurry up and spend money on a facility that there's nothing wrong with it, and ifthere really is a Page 207 October 27,2009 burning desire from the leadership in this county, put it in an industrial area where it belongs. You have an industrial park. There are many a vacant buildings out there. If you've got to house this household hazardous waste, house it in an existing building instead of building a new building. You know, Commissioners, I drove by there this morning coming -- on the way here, and there was -- they were lined up in the road, the cars in front of this five acres to drop off the kids at this elementary school. I mean, I just -- I know it's our acreage. I know if you -- Dan, if you rezone it for a nursing home, you would sell it just like that and make a profit. Of course, we know that government is not here to make a profit, but I believe a nursing home is a better use of this property than a recycling center. So that's all I have. CHAIRMAN FIALA: Thank you, Commissioner Henning. Commissioner Halas? COMMISSIONER HALAS: Yes. Dan, the site that we have down in Marco, I had the privilege of going down there with you. Can you tell me what type of training that the staff that runs that recycling center, what type of training they have. MR. RODRIGUEZ: Sure, absolutely. All of the staff that work at our recycling centers are provided the hazardous waste collection __ they're certified through FDEP to collect and properly manage the different materials that we collect there. COMMISSIONER HALAS: And how long has that recycling center been open? MR. RODRIGUEZ: Marco Island Recycling Center has been open for 18 months. COMMISSIONER HALAS: Okay. And the recycling center that we presently have out at the airport? MR. RODRIGUEZ: It's been on that site at least 25 years. COMMISSIONER HALAS: Okay. Have we had any major spills or concerns by either FDEP or by OSHA or anyone else? Page 208 October 27,2009 MR. RODRIGUEZ: None that I'm aware of, Commissioner. COMMISSIONER HALAS: Okay. The residents seem to be very concerned about the amount of chemicals that would come in. Are most of the residents -- maybe they could just show their hands. Most of the residents, do you have single-family homes or do you have -- both, okay. And you're all from Countryside, I take it, or the majority? THE AUDIENCE: No, no. COMMISSIONER HALAS: Okay. You know, some of the concerns -- and I think you had some good concerns. But aren't you concerned about chemicals that are in your neighbor's garage and how he might take care of that? Because obviously he's not trained as maybe some of our staff people are? I mean, I understand where you're coming from. And I would also be concerned about the chemicals and things that people like that have. The other thing that concerns me is this piece of property has been very contentious by the neighborhood. We looked at an emergency operations center, and there was a lot of resistance on that. Then we also were thinking when we had -- at the height of the housing boom here, we were looking at putting affordable housing there, and we had an issue with that. I'm wondering -- Commissioner Henning made a statement that maybe we ought to have it for assisted living care. I think that there might even be opposition to that. THE AUDIENCE: No. COMMISSIONER HALAS: So I'm concerned that no matter what we want to do is -- we run into opposition here, and I'm very concerned about that. So I guess I don't have anything else to say on this. I think it's __ if this doesn't pass, I'd really like to see a recycling center up in District 2. We don't have one. And I know a lot of people there would Page 209 October 27,2009 love to have one, and I think we've got some land that might be available at the wastewater plant up there. And so if you can put those funds up there, I would take that in a minute, in a heartbeat. Thank you. (Applause.) CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You know, I use the recycling center at Naples Airport. An old army guy, I frequently clean our my garage and find some old excess army equipment like tear gas grenades, rocket launchers and surplus ammunition. I won't have anyplace to take that. So I'll probably just put it in a black garbage bag and put it out front for the garbage guys to pick up. But really, being serious about this, that facility at Naples Airport is not very attractive, but it doesn't have to be. There are potholes there, and if it rains, it's filled with water. And if! have to step in a few inches of water when I'm getting rid ofa lot of junk, I don't mind doing that. I haven't seen that it's dangerous. They do a pretty darn good job there. There's never been a line of cars backed up there. It moves fairly efficiently. You just drive by the little Ted's Sheds and you drop off what you have, and it works pretty well. So my feeling is, why on earth do we want to spend $2 million making a real pretty recycling facility? Now is not the time for pretty. If there was ever a time when we could avoid an expenditure of a couple of million dollars, this is it. We can get along with we've got at Naples Airport. And I really am concerned that if you take that one away, where do the people go? Do you really think I'm going to drive out to this recycling center? COMMISSIONER HALAS: You drive out to District 2. COMMISSIONER COYLE: I would. I would go to Commissioner Halas's and dump it on the side of the road near his house. Page 210 October 27,2009 But honestly, if you -- I don't see that you're going to gain anything by doing what you propose except spend more money. And you'll have a really pretty, nice-looking little facility, and the people who used to use the one at Naples Airport won't use it anymore, and they'll be dumping it somewhere else. And I just don't see we gain anything. So if ever there was a time when we could avoid spending a couple million bucks, this is it. This is a project that doesn't need to proceed. And if it does proceed, it doesn't need to proceed at this location. Okay, thank you. (Applause.) CHAIRMAN FIALA: Okay, thank you. It's my turn. Thank you. I've been to the facility on Marco, and it's a wonderful site. It really is. But, you know, I have to agree with the people about the school. You know, their kids are there, and they're their most precious commodity. One lady said it so succinctly. I wish I could have said it like that. And that's an important thing. People are saying, well, where else would you put it? Well, you know, we own the land right over there by the landfill, and there's the water treatment plant right there. And being that the one that they're considering in North Naples is on a water treatment plant -- and that facility by the landfill's a little over a mile away. Ifwe do need to build something -- although I agree with Commissioner Coyle, I don't think now is the time -- but if we do need to build something, we could just build it there. It's only a little over a mile away from where this property is now. We'd still have it. It could be bigger and whatever. But it would be in an area that would be more appropriate. So that's my two cents. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Page 211 October 27, 2009 Dan, you're right, everything you said, but that's not important. What it is is perception. And when you've got this number of people that are convinced that it's not going to be compatible with their neighborhood, then anything else really doesn't matter. But I want you to know you did a tremendous job of bringing it to this point. I've heard nothing but good things about you out there for the presentations you made and you how conducted the meetings. You managed to keep it together without a lot of animosity, and for that I give you a lot of credit. MR. RODRIGUEZ: Thank you, Commissioner. COMMISSIONER COLETTA: Question, the landfill itself, don't they have recycling there at the landfill? MR. RODRIGUEZ: We do, Commissioner. We do have recycling. Your C&D material and a lot of other materials are recycled at the landfill. COMMISSIONER COLETTA: Now, I just want to put a bid in. I know that Commissioner Halas told you that he would take it in his district, but I want to remind you that everyone else is very close to where the landfill is. I got people out there in the Orangetree/Waterways area that really, they're at a great inconvenience trying to get all the way in. And I know there's a plan for a future facility somewheres by the curve there by Oil Well Road, there was some talk about it. Ifthere's some way in the scheme of things that we can move things forward -- I mean, forget Commissioner Halas, he really doesn't need it. But if you want to -- COMMISSIONER HALAS: I expected that. COMMISSIONER COLETTA: And I'll let him come out and use the one at Orangetree. But if you ever wanted to consider diverting those funds in that direction, I'm pretty sure I can get you a lot of community support. MR. RODRIGUEZ: Absolutely. Thank you, Commissioner. Page 212 October 27,2009 COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Dan, I -- you know, you did a great presentation. In fact, I got ajar of barbecue sauce in my trunk for you, and the picture on it is -- does have lipstick on it, so I think you'd appreciate it, so I'll get you one of those. But with that, I am going to make a motion to deny IOD. COMMISSIONER COYLE: Second. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning to deny number 10D, a second by Commissioner Coyle, a third by Commissioner Coletta, and actually a fourth by Commissioner Fiala, if you want to know all of the lineup. Anyway. Any further discussion? Oh, Commissioner Halas? COMMISSIONER HALAS: Yes. It says here that they're right now -- and the reason that we haven't done anything with the airport is that they're charging us $44,000 a year, the airport authority for Naples? MR. RODRIGUEZ: Yeah. That's our annual lease with the airport authority. COMMISSIONER HALAS: Okay. And you were saying -- or in the -- in the information, executive summary, there was the idea of 1.9 million -- and I just want to get these figures out there. And then, if we looked at updating the one at the Naples Airport, the total cost would end up costing us -- a lease for 30 years, would be $9,556,864. MR. RODRIGUEZ: That's correct, Commissioner. COMMISSIONER HALAS: And that's pretty amazing. The rent per year, and what it's -- what it's going to cost. So what's our options? Obviously we're not going to put any money into the landfill at the airport, right? Page 213 October 27,2009 MR. RODRIGUEZ: Sure. If! could get the visualizer turned back on, presentation, real quick. To answer your question and Commissioner Coyle's question, the statement that now is not a good time, you're Solid Waste Management Department, working with -- based on your direction. The graph you see here is the assessed -- the collection assessment for solid waste. The red little bar there that you can see, that's what Collier County pays annually for collection curbside. If you go to Lee County, even the City of Naples, you pay $100 more a year for your collection. What we've done as part of your integrated Solid Waste Management strategy with your approval, is developed a comprehensive collection program. Anything that we take out of the waste stream doesn't go across the scales, you don't pay to bury it. Commissioner Coyle, if you invest the 19-, the $1.9 million, that has a return involvement. Within eight years it pays for itself and saved air space as well as protecting the environment and reduced cost in operation. We continue to find these best-value approaches. What is our plan forward? We would like to build at least six recycling centers over the next ten years. They provide great benefit to the community, they protect your environment, most importantly -- probably not most importantly -- but an added benefit, they reduce your collection. You control your destiny on the cost of disposing of your waste. Many counties' disposal rates, as you can see from the chart, Broward, Dade, are twice as much, three times as much, and it's because of your strategy and your planning over the last ten years that we're able to do that. So we would like to find other sites, and with the board's recommendation, allow us to continue to keep looking. CHAIRMAN FIALA: Thank you. Well, I have three more commissioners. Are you all sure you want to -- Page 214 October 27,2009 COMMISSIONER HENNING: Yeah. I can't let this one go. This is -- this is -- this is something. Look, I have a battery beside my house. I'm going to take it up to the Naples Airport, and your employees are going to accept it. It's no different than they do on Marco Island. I have paint that I'm not going to put in my garage, and I'm going to take it up to the Naples Airport facility, and your employees will take it. They charge by the ton, as we had discussion not too long ago. I disagree, what you're presenting here, because you already offer this service. Forty-three thousand, 44,000 a year -- by not spending $1.9 million, you're going to make money more than that pay for this lease just with interest alone. And the right thing that we need to do -- and I will be promoting it out in the public -- is reduce the annual collection fee so we don't make mistakes of spending this kind of money in the future. You know, we -- you have a facility, you don't have to spend money, and it works fine. So that's what I needed to say. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COLETTA: Yeah, thank you. First off -- CHAIRMAN FIALA: No. COMMISSIONER COLETTA: Oh, I'm sorry. Commissioner Coyle. CHAIRMAN FIALA: Commissioner Coyle. COMMISSIONER COLETTA: I'm sorry, sir. Age before beauty. COMMISSIONER COYLE: That's okay. Go ahead, Mr. Coyle. COMMISSIONER COLETTA: Oh, thank you. Thank you very much. My first question is, is Commissioner Henning's battery in his side yard, can I turn him in to code enforcement and get a share of the fine? CHAIRMAN FIALA: We needed to laugh. COMMISSIONER COLETTA: Second, is there any possibility, Page 215 October 27,2009 Dan -- talking about the rural areas of Collier County, I'm talking about the Orangetree/Waterways area, fairground, can we get some sort of pickup out there, one of these remote pickups where you set up a tent and people can bring in their items? It's a heck of a distance to have to travel all the way into one of the recycling centers. MR. RODRIGUEZ: Absolutely. Annually we provide hazardous waste pickup days twice a year in Collier County. So certainly, we'll continue doing that. COMMISSIONER COLETTA: Yeah. And forget about Commissioner Henning's battery because it really doesn't exist in his side yard. COMMISSIONER HENNING: Yeah, it does. CHAIRMAN FIALA: Now Commissioner Coyle. COMMISSIONER COYLE: Okay. All right. COMMISSIONER HENNING: You think I'm going to keep it in my garage? COMMISSIONER COYLE: Hey, look, if you spent $1.9 million, the interest you could earn on that is $95.000, okay . You're paying $44,000 on a lease. You're saving money by keeping the lease you've got. The only change is that you want a prettier and perhaps more efficient space, okay. And what I'm telling you is that the workload there is not so excessive that you are losing a lot of money through inefficiency. You're still collecting things that need to be recycled. It's not going into the landfill, so I don't get it. Not only that, but lumping in 30 years of the lease payment to build up a cost of staying there, I think, is probably excessive. But in any event, our options are, stay there, do what's working, keep the facility we've got, and pay $44,000 a year, or go build a really pretty efficient facility somewhere else and spend a couple of million dollars doing it at a time when we don't really have a lot of money to be investing in capital projects. Page 216 October 27,2009 So, you know, the -- we're ready to take a vote, I hope, and I hope we don't -- CHAIRMAN FIALA: We certainly are. COMMISSIONER COYLE: -- belabor this anymore, but -- CHAIRMAN FIALA: Okay. Then shall I just call for it? COMMISSIONER COYLE: Yes, absolutely. CHAIRMAN FIALA: All right. We have a motion on the floor and a second, third, and fourth. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: That's a 4-1 vote, thank you. Thank you, everyone. (Applause.) CHAIRMAN FIALA: Okay. And thank you for taking the time to come here. I know that that's a -- especially when you have families and you've told us about your children and you took the time to be here anyway. Your love for your children's shown through. Thank you very much. Thank you. County Manager, let's go to 10C, because we have five speakers on that. MR. OCHS: Yes, ma'am. UNIDENTIFIED SPEAKER: Commissioners, I want to thank you for listening to the residents and the constituents. I think you've done the right thing. CHAIRMAN FIALA: Thank you, sir. We think so, too. Thank you very much. That was nice of you to say that. Thank you. lOCo Page 217 October 27,2009 Item #lOC RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE WILSON BOULEVARD EXTENSION/BENFIELD ROAD CORRIDOR STUDY (STUDY) - MOTION TO APPROVE THE PLAN OR STUDY AND NOT THE EXPENDITURE OF MONEY - APPROVED MR. OCHS: 10C, ma'am, is a recommendation that the Board of County Commissioners approves the Wilson Boulevard extensionlBenfield Road corridor study. Due to the size of the draft, a final report is available in the County Manager's Office for review. And Ms. Claudine O'Claire from your transportation planning department with present along with Mr. Casalanguida, I see. MR. CASALANGUIDA: She's much cuter than me. For the record, Nick Casalanguida with Collier County Transportation Planning. Good afternoon, Commissioners. The Wilson/Benfield study is a project that took over almost two-and-a-halfyears to accomplish. And I'd like to recognize some of the project team that's here from our consultant team. Mr. Rutledge -- if you could stand up -- Bob Rutledge from DRMP, and Shawn Donahue (phonetic). These are private consultants that worked with the county staff, and especially Ms. Claudine O'Claire, who will take you through the project. COMMISSIONER COYLE: May I ask a question? CHAIRMAN FIALA: Sure, go ahead. COMMISSIONER COYLE: Didn't we all get this presentation at the -- MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: -- MPO -- Page 218 October 27, 2009 MR. CASALANGUIDA: MPO, yes, sir. COMMISSIONER COYLE: -- meeting? MR. CASALANGUIDA: It's a little different than the county. COMMISSIONER COYLE: It's a little diff- -- you've changed the plan? MR. CASALANGUIDA: No, sir. But what it is, for the MPO process, you've just confirmed that it's consistent with the long-range plan. Now you're directing county staff to actually act. We don't represent work for the MPO. We work for the board. COMMISSIONER COYLE: Well, I understand the outcome, but the plan we've seen. MR. CASALANGUIDA: Yes, sir, you have. COMMISSIONER COYLE: Do you need to present us a plan again? MR. CASALANGUIDA: I do not, sir. I'd like to put a few things on the record, if I could. COMMISSIONER COYLE: That would be great for me, and I'd be happy to make a motion to approve the plan, not the expenditure of money, but the plan, if there's no one here who objects to it. MR. CASALANGUIDA: Well, Commissioner, there are-- CHAIRMAN FIALA: There are five speakers. COMMISSIONER COYLE: There are two people. Okay. Then I'll withhold my motion. CHAIRMAN FIALA: Okay. We've got five speakers. And I guess this is a different audience today than we would have had at the MPO anyway. MR. CASALANGUIDA: Yes, ma'am. CHAIRMAN FIALA: A lot of people don't watch the MPO, but they do -- COMMISSIONER COYLE: Yeah, but I'm not sure that his explanation is going to be all that helpful to somebody watching it on television, but nevertheless. Whatever way you want to do it. Page 219 October 27,2009 MR. CASALANGUIDA: Well, a couple things I want to put on the record, sir. As staff and consultants have done this project, we considered safety concerns, environmental factors, costs, long-range planning needs, alternative routes, and existing homes and residential and commercial businesses. Your long-range transportation plan is done by your MPO. And on that plan they identified a needs analysis, and they identified corridors that's put on there as far as needs are concerned. The next phase is the county takes those corridors and they do the next phase, which is a corridor study. And depending on whether it's going on to design shortly thereafter or not to design for a long time depends on the detail of the corridor. So we have taken that upon ourselves to do that over the past two-and-a-halfyears. And I have to give credit to staff and you, the commissioners, because we call it retro-planning, in a sense. You are taking a community that's somewhat developed and platted and you're trying to plan backwards to try and, you know, take care of some of those needs. And it's always a challenge, because when you have a situation like that, you are unable to make everybody happy because you're stuck with an existing footprint and homes and commercial. To the credit of the consultants and Claudine, it's a nine-mile by 20-mile corridor, and that's probably the biggest project that most anybody's taken on for a corridor study. It's really probably three corridor studies in one because we've broken them down. So I have to give a lot of credit to those folks. With that said, Claudine O'Claire, I think, has done a terrific job. She's done a -- you know, spent a lot of time on public outreach. There was one gentleman, Mark Teaters, who I spoke to on the phone last night. Commissioner Coletta, you've spoken to him this morning, and he had to leave. He did have concerns that when you do a corridor study, that you're going to identify certain properties that might be affected in the future a long ways out and how those properties have a Page 220 October 27,2009 cloud on top of them. And staffs response was, your long-range transportation plan has that issue all the time. You have roads right now that you're not going to widen for ten or 20 years that are existing roads that will be widened some day, and so there is that issue. We will be bringing back an ordinance to the board probably in January or February with the county attorney that will talk about managing corridors and maybe ways that we can compensate those people for that. But it's not something you can take care of easily on anyone given study. That said, I'd like to let Claudine go forward with her presentation. Would you like her to do the whole presentation or -- no, sir? COMMISSIONER COLETTA: Commissioner Fiala, if! may. CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: This is very important to a lot of people in my district, and I really -- I really do think -- I know it's been a long meeting day, but the full presentation, I think, is necessary . MR. CASALANGUIDA: Very good. COMMISSIONER COYLE: May I make a comment concerning that? What the MPO did was to approve a particular recommendation to be forwarded to the Board of County Commissioners, okay. I would think that a full presentation on that recommendation is appropriate, but why would you spend the time talking about the other recommendations and alternatives that were not reported by the MPO? MR. CASALANGUIDA: We could focus on the final recommendation. COMMISSIONER COYLE: That's what I'm saying. If you focused on the final recommendation and the recommended route, that would inform the people about what we are actually considering, because we are considering telling you to proceed with a study for this Page 221 October 27,2009 particular recommendation. We're not considering telling you to do anything other than that. MR. CASALANGUIDA: What we're asking the board to do is to tell staff to treat this as a managed corridor, and all that means is that as folks develop and redevelop along that corridor, they become flagged and they come talk to us, and we let them know, so in the future -- COMMISSIONER COYLE: I understand that. MR. CASALANGUIDA: Very good. COMMISSIONER COYLE: But I mean, it serves no purpose to the public for you to spend 30 minutes talking about alternatives that were never selected, right? MR. CASALANGUIDA: I agree with you, sir. I think the idea is just to make sure that we've put on the record as a Board of County Commissioners that we've gone through that process, even though -- COMMISSIONER COYLE: You've got the document. It will be part of the record. MR. CASALANGUIDA: Okay, sir. MS. O'CLAlRE: If! may just add a couple ofthings, and I don't know, maybe a suggestion. I know we have some registered speakers. Maybe what we could do is let those speakers come up to the podium, bring -- share their concern with us, and ifthere's something we can answer with a or two slides in the presentation or just by answering their question, maybe that will provide the information that is necessary at the same time. COMMISSIONER COYLE: Well, Commissioner Coletta is-- CHAIRMAN FIALA: Is that okay with you, Commissioner Coletta? COMMISSIONER COYLE: -- correct that we ought to talk about -- let the viewing audience see the recommendation path and lets us -- let them understand -- his constituents understand what we're considering, but all I'm saying is, why spend time on things we're not Page 222 October 27,2009 even considering? MR. CASALANGUIDA: Very good. Let me describe the recommended path for the record. It's on the viewer right now. The current recommendation as it sits in front of you is Golden Gate Boulevard and Wilson intersection is the beginning point, and it would head due south under the existing Wilson Boulevard as it terminates at the canal. At that point in time you have an existing mining lake that exists, and then you have three or four homes there. That's the first conflict point where, in the future, a design issue would have to come into play whether you would have to possibly take those homes or fill in a portion of that lake to continue south. From there it heads due south consistent with -- it's -- if! can use the -- CHAIRMAN FIALA: Leo, should she put the poster up on the board there? MR. CASALANGUIDA: From there it continues due south, sir, and it follows the North Belle Meade overlay haul route that was laid out in the North Belle Meade study. As soon as it hits 1-75, it goes due west. And we were just informed in the past couple days that FDOT has donated existing extra right-of-way back to the county for that road that we're not going to pay for. So it follows 1-75 into what -- today actually -- until it crosses the public utility site. At that point in time, the options are unclear how to cross 1-75, because you would get into a design issue. But there's probably three or four or five different ways to cross 1-75. From there it would go north and tie into the back of the existing City Gate, and in December you will be seeing a DCA with City Gate that continues that road as a public road all the way west to 951. Upon crossing 1-75 south, there's Benfield Road that exists over here, and there are three or four different ways to cross 1-75, as Claudine is pointing at right now. Page 223 October 27,2009 As it connects back down farther south, it is one mile east of 951 at the urban line and continues due south from that point in time until it hits U.S. 41 to the south. That is the recommended alignment that's in front of you right now. And if we'll take speakers, then we can answer questions. CHAIRMAN FIALA: Okay, very good. Is that okay with you? COMMISSIONER COLETTA: That's fine, thank you. CHAIRMAN FIALA: Oh, okay, fine. Would you call the speakers, please. MS. FILSON: Yes, ma'am. Karen Acquard. She'll be followed by Pat Humphries. MS. ACQUARD: Good evening, Commissioners. For the record, Karen Acquard. We had hoped to get this continued to another time when we could have Mark here to speak. I'm asking that you not move forward with this because I see this as a -- actually a death sentence for the people who own homes on this road. I can tell you, I would never buy a home on a road that is earmarked for future development, increased in size and so on, and that have increased truck traffic on. I would be looking at a street with a dead end and find out that it was going to be bridged and be a main thoroughfare. I wouldn't want it. And people -- if you do this now, that -- with 20 years down the road, that means they've got this thing hanging over their head if they want to try to sell their house for the next 20 years. It may happen. It may not happen. Because as we all know, we plan, God laughs, things change. I'm going to use myself and my husband as an example. I'm 66; he's 72. Twenty years from now I'm going to be in my 80s, and God willing, he'll be 92, but if he follows his family genes, he's either going to be dead or in a home with Alzheimer's. I would want to sell my house. Now, how am I going to sell that Page 224 October 27,2009 house if I've got this plan hanging over my head? I think you should wait until you are closer to being able to do something before you implement approval of these type of things. Five-year plans, ten-year plans I can see, but 20-year? Approval of things? I just have a problem with that. I thank you very much. MS. FILSON: The next speaker is Pat Humphries. She'll be followed by Sherry (sic) Teaters. MS. HUMPHRIES: My name is-- MS. FILSON: Mark Teaters? MS. HUMPHRIES: Mark's not here. He had to leave. MS. FILSON: Bruce Anderson? MS. HUMPHRIES: He's here. My name is Pat Humphries. I am past director of the Golden Gate Estates Area Civic Association and presently a member of the Golden Gate Estates Homeowners Association. I also serve on the Golden Gate Estates Land Trust Committee. Today I am speaking for myself. It's been so peaceful in the Estates, hardly any dump trucks, the way a rural residential community should be. But eventually they will be back. Several years ago I counted 161 dump trucks speeding back and forth on Wilson Boulevard between the hours of 6:30 and 8:30 a.m. That's 80 an hour, multiply that to eight to ten hours a day. That same year, there were 40 accidents in Collier County involving dump trucks. Now there's a plan to bridge Wilson Boulevard south so we can have even more of these trucks plus all other kinds of commercial vehicles coming from the industrial park and the landfill in North Belle Meade. It doesn't matter if it's in the near future or far future. This industrial traffic is not compatible with a residential community. In fact, it has never been compatible. It's unsafe for residents, lowers real estate values, bad for the environment, creates more traffic, puts undue Page 225 October 27, 2009 stress on the roads. This bridge is a very bad idea. I would like to go on record that I am requesting a postponement of this item because the president of the Wilson Boulevard Homeowners Association had to leave. We've been here since ten a.m., that three homeowners on Wilson Boulevard South who will lose their homes were not notified. The Golden Gate Estates Homeowners Association was not able to take a position because they were not notified. This extension is not compatible with the Golden Gate Master Plan. This will have a devastating effect on the residents of the Estates because of excessive industrial traffic. Thank you. MS. FILSON : Your next speaker's Bruce Anderson. MR. ANDERSON: (Waves hand.) MS. FILSON: Oh. That's your final speaker, ma'am. CHAIRMAN FIALA: Okay, fine. Okay. We have Commissioner Coletta first. COMMISSIONER COLETTA: Thank you. Nick, if you would, please. This has been something that's been in the works for, what, three years now? MR. CASALANGUIDA: About two-and-a-halfyears, sir. COMMISSIONER COLETTA: Two-and-a-half years. And there's been a couple public meetings on it? MR. CASALANGUIDA: More than a couple. Claudine, if you want to go through them. MS. O'CLAlRE: There's been one public meeting at St. Agnes, there's been one public meeting at Shepherds of the Glades, there's been a public meeting with the -- at the Golden Gate Estates Civic Association, there was another meeting at Verona Walk, there was another meeting at Lely Elementary School with the folks who reside along Benfield area. We've had several, you know, calls, emails, people coming into the office asking questions. Anyone who had, you Page 226 October 27, 2009 know, concerns, we talked to them. We've also had -- we received one public petition about an R V resort on Beck Boulevard, Panthers RV Resort, that is opposing 3A. They're not opposed to the project, they're just proposing an alignment. COMMISSIONER COLETTA: Yeah, I get the picture. It's been __ it's been something that's been vetted considerably in the public. Now, there's a couple of things that were mentioned. And one of the concerns that we have out in the Estates, of course -- and it's always been a concern. It's a little bit of competition for the road right-of-way with the residents and the dump trucks, and with the mines being out in that area, it has been something in the past, especially during the building boom where numerous ones, as Pat Humphries referred to, were on the road, and it's a big concern where they're going to come out and how it's going to work. Now, Nick, can you please elaborate on it? I understand that this road cannot be built and opened unless a couple of things take place first. And what is that? MR. CASALANGUIDA: We told -- the folks from the Florida Rock Mining application came forward, and they're going to build a road to the south and back to the west, that we would not connect the south portion with the north portion until we had all the intersections in place and we had another way to get them out of there, and that's in taking with this study, authorizes no design, no right-of-way acquisition, no construction. It's just a planning study that allows you to manage the corridor. So we're keeping with that promise. There's no construction plan with that project right now. COMMISSIONER COLETTA: Now, into this whole plan, what you're talking about is also -- has to do with the four-laning of Golden Gate Boulevard and Wilson? MR. CASALANGUIDA: Correct. Part of that intersection Page 227 October 27,2009 improvement is making that facility -- upgrading that facility at the intersection of Golden Gate and Wilson, because you wouldn't want to send any vehicles up to that intersection until it was improved. COMMISSIONER COLETTA: Now, at this point in time, too, in order to be able to keep the traffic at a manageable level, if I remember correctly, the new mines have been coming on. We have them using 5th, and they can only use what traditional traffic would -- allotted was. Is something like that possible also in the future? MR. CASALANGUIDA: What we've asked and proposed -- and it will come through as a conditional use application to this board -- is the existing mine that's there now wants to permit another section of land, not a full section, but a portion of it. We've asked them to consider to start splitting the traffic up between 5th and Wilson, if they could, only for the fact that the people who lived on 5th expected the first application to expire and didn't think that they'd just keep coming back and always have that traffic on that road. But then again, sir, that will come back as a conditional use application for this board to consider. COMMISSIONER COLETTA: Okay. Now, Nick, there's one thing, and I -- and you alluded to it earlier and I talked to you about it this morning. My concern over the fairness of it. And as you know, this commission had to wrestle with the idea of Vanderbilt Beach Road and the taking of homes for that, and it was very traumatic. In the end, we -- most of those people came forward and said they were treated very fairly and they were very happy with what happened. And I think in lieu of what happened to the housing market right after that, they were probably -- realized the benefit of what they got. But once -- we got a situation here, 20 years out, maybe 25 years out, a generation removed, before such a road is going to happen, if it's going to happen. These are options that are open for the future. How do we protect the rights of these people? Remember I Page 228 October 27, 2009 suggested one idea to you, and you came back with a second one, and my suggestion was something whereby we might have -- and we can discuss this at another time, but it's important that the people -- MR. CASALANGUIDA: Sure. COMMISSIONER COLETTA: -- that are listening to this understands it. That something be built in where they -- what do you want to call it -- like a 10 percent override on any houses. When we did Vanderbilt, we paid them above-market rate for it. When we got all through, they were way above what it would have been for the market in almost every single case. In this case here, if we had a 10 percent override, then that would allow for people to be able -- I'm talking about the future when this would happen. If it ever did happen where they had to have their home taken, that 10 percent would kick in and it would be an incentive for somebody that bought the house to realize that whatever they got it for at value, that it's always going to be work 10 percent above the market value. But there's -- there might even be a better way, and you were talking about a tax incentive? MR. CASALANGUIDA: Right. We considered, with your corridor management ordinance that's going to come forward to the board probably in January or February, working with the County Attorney's Office, is, this isn't the only project that's like this. Every road east of 95 I that's planned to be widened, Wilson Boulevard to the north, Golden Gate Boulevard, Everglades, DeSoto, Randall, that long-range transportation plan, the comments have been, it's a cloud over our head. We live on a two-lane road now. Way to maybe incentivize that by saying -- or reimbursing it by providing a tax credit saying that there's an adjustment on your taxable value if you front that road and you live on that property. And I think it's up to us for staff to bring the details back to you so you could analyze that and see if that makes sense for you. But that's maybe a way of offsetting some of the potential future damages Page 229 October 27, 2009 of a future roadway expansion. COMMISSIONER COLETTA: Thank you, Nick. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Okay. I -- let me try to address that long-term issue. There is just no way to treat people fairly when it comes to taking their property for us to build a road. There's nothing fair about it at all. The only way that we could proceed fairly is to find a corridor for the road where there is no public -- or no private property . MR. CASALANGUIDA: Almost impossible. COMMISSIONER COYLE: That's right. And that is not possible. So what we try to do is plan as far ahead so we can tell people where we might build a road in the future so that more people don't buy up property in there and then get disappointed when we have to condemn the property to build the road. I don't know of a better way to do it, but it still doesn't treat everybody fairly. And we either build roads or we just stop building roads and not provide people access. So it's a difficult problem, and I don't know the solution, but I think the strategy is sound. Let people know as far in advance. Don't let hundreds or thousands of people build homes along this corridor and then come in one day and say, well, we're going to tear your house down. So, I think that getting way out in the future is a good thing, but it's going to be very unfair to the people who are there right now. So I really, really believe that we ought to take a look at the possibility of helping the people who are there right now as much as we possibly can, and once we've notified the others, they're taking a risk. Now, we should try to protect the current people from any substantial reductions in the value of their properties because, Ms. Acquard is absolutely right, she's not going to get as good a price for her property if we publish this and we go forward with it. I think we should do something about that. We should give some Page 230 October 27, 2009 assurances to people that we're going to try to be fair with you on that. The people who follow and disregard the warnings, I don't know that there's anything we can do for them. But if there's a way we can keep that in mind -- but I'm always mindful of the fact that it makes no difference what we -- this board says, another board of directors or commissioners can come along and completely undo everything that we said. So there's always a risk of that. So I don't know of an ironclad guarantee, but at least we can make our best efforts. CHAIRMAN FIALA: Well, the thing is, you're just going to just have to stay in office then. That's the way it is. COMMISSIONER COYLE: Well, I think I'm a lot like Ms. Acquard's husband. MR. CASALANGUIDA: Commissioner Coyle, I can't stress enough how accurate you are, especially staff. We're put in the undesirable position of trying to do the board's bidding in terms of long-range planning and the consistency with the Growth Management Plan, and also trying to be fair with these people by providing them as much information as we can. And it's a balancing act. And I can tell you, it is the least pleasurable part of my job. COMMISSIONER COYLE: Yeah, ours too. CHAIRMAN FIALA: Yep. Commissioner Henning? COMMISSIONER HENNING: Claudine, what are you looking at to build in Golden Gate Estates on Wilson? Keep it at two lane or four lane or six lane? MS. O'CLAIRE: The current LRTP indicates a four-lane facility. COMMISSIONER HENNING: Would that be a collector or arterial level of service? MS. O'CLAIRE: Arterial. MR. CASALANGUIDA: It'd be an arterial. Rural, sir, to the south, a rural design. Page 231 October 27, 2009 COMMISSIONER HENNING: Rural arterial, correct? MR. CASALANGUIDA: Yes. CHAIRMAN FIALA: And a rural arterial is? MR. CASALANGUIDA: It's just a roadway classification. You would get it classified as an arterial. Right now it's probably labeled -- the existing Wilson to the north is probably consistent -- a collector road. COMMISSIONER HENNING: I guess my concern moving forward is -- and our Growth Management Plan says it is protecting existing neighborhoods. Vanderbilt Beach Road is going all the way out past DeSoto to Big Cypress stewardship area. And I'm not sure that design is really protecting Golden Gate Estates. And my concern is, you know, chopping up Golden Gate Estates and being contiguous to serve the greater good. I'm not sure if we're really serving our existing residents when we do something like that. MR. CASALANGUIDA: The conflict -- and again, as I pointed out, if you take the Estates and you turn everything on, part of that is to provide access in and out for them. COMMISSIONER HENNING: The answer is, good land use. MR. CASALANGUIDA: Yes, sir, it is. COMMISSIONER HENNING: And if we can do that, we can spend a hell of a lot less money building capital facilities and putting jobs and services where it's needed. MR. CASALANGUIDA: Sir, you are going to see the county transportation staff work with Compo Planning for the master mobility plan. And one of the issues that comes up is, as staff, if our job is to provide mobility and we can't fund that, then we need to look at alternatives to lower the demand, exactly what you're saying. Putting services where they are strategically located to reduce those vehicle miles traveled so we build less roads. COMMISSIONER HENNING: Well, how do we do that? I mean, instead of -- I can understand the corridor next to Collier Page 232 October 27,2009 Boulevard. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: And really, once you get into the Northern Belle Meade, it's really serving those pits. They call them borrow pits. MR. CASALANGUIDA: Right. COMMISSIONER HENNING: I don't know why they call them borrow. They never bring it back. COMMISSIONER COYLE: It's a long-term borrow. COMMISSIONER HENNING: Yeah. MR. CASALANGUIDA: If you look -- I mean, I just -- I don't want to spend too much time, but to answer your question, the issue that you have is, Golden Gate Estates right now, as a residential community, gets all its services from the urban area, such as landfills or employment centers. So right now you -- places like City Gate and White Lake Boulevard or Tollgate Industrial Park where people work, they have to commute back and forth into the Estates, and our public utilities landfill site right now has to go up 951. COMMISSIONER HENNING: Right. Well, I don't have a problem providing facilities for people in Golden Gate Estates to get there. MR. CASALANGUIDA: Sure. COMMISSIONER HENNING: What I have a problem is, again, slicing and dicing up a community for landowners to the north, east, or south of it. That's all. MR. CASALANGUIDA: I understand. COMMISSIONER HENNING: And if we can, somehow through our long-range transportation plan or mobility plan -- is to look at land uses to reduce the need for public facilities, we're really serving the -- not only our existing residents better, but our future residents better. MR. CASALANGUIDA: That's our goal. Ifwe can reduce Page 233 October 27, 2009 vehicle miles traveled, that -- how much people drive, we can build less roads. COMMISSIONER HENNING: Do you think we can take Wilson Boulevard and keep it at two lane and just improve intersections and -- MR. CASALANGUIDA: Quite honestly, sir, if you look at your long-range transportation plan, you're still woefully underbuilt in terms of roads. I can't answer that until we do that master mobility plan. But I can tell you that you'll probably need some version of Wilson in there. COMMISSIONER HENNING: We need to get -- we need to get jobs to the east of Golden Gate Estates and leave that a rural community that it is. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to make a motion to approve the plan. I don't want to have that indicate that I'm approving expenditure of money for this project. MR. CASALANGUIDA: Not at all. COMMISSIONER COYLE: Just the plan or the study, with one request, and that is that on this slide, the third line up from the bottom, you take out the word threat and put in the word treat. MS. O'CLAlRE: If! may make a comment. Our county manager pointed it out to me. But I think all of you know that I have some problems with the letter H. Being French-Canadian, I either put them where I'm not supposed to or I don't put them where I should put them. COMMISSIONER COYLE: Well, we'll assume with enough practice you'll learn to speak English and we'll all understand you. MS. O'CLAlRE: You would think after 20 years, yes, but -- MR. CASALANGUIDA: Commissioners, we went-- COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: I'll second that. MR. CASALANGUIDA: -- so far as to take the H off her Page 234 October 27, 2009 computer. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I second that motion. CHAIRMAN FIALA: Okay. Thank you. I have a motion on the floor to approve, and -- COMMISSIONER HALAS: The plan. CHAIRMAN FIALA: -- by Commissioner Coyle, and a second by Commissioner Halas. Commissioner Coletta? COMMISSIONER HENNING: Well, I don't want people to think after Commissioner Henning's statements that I haven't given consideration to the people that are out there. I am. I'm thinking for the people in the future, too. This has been something that we've known we'd need for a long time. It's going to come up in the future. And if we don't protect the corridor, we're going to have a disaster on our hands with everybody building right next to the road. People can still do it, but at least now they're forewarned. There's nothing to prevent them from building next to the road and -- but now, most -- when people come aboard and they're going to build, they're going to be building back a bit. But once again, too, I'll be looking to work with the county attorney on what's going to be coming forward and you, too, Nick, to be able to see what can be done to make some sort of monetary type of arrangements to make these people reasonably whole. MS. O'CLAIRE: Commissioner Coletta, if! may add something also. We will do the same thing as we did with the VBR extension. I will work with Joe Schmitt and community development and ask his staff to red flag those properties that fall under the identified corridor, so there's a message there that says to contact transportation department like we did for VBR. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: But I'm hoping that you'll keep into Page 235 October 27,2009 consideration the suggestion that Commissioner Henning made, as well as Commissioner Coletta, and that is to protect the integrity of the character of the ruralness of Golden Gate Estates. That's what makes it so special throughout this whole country. There's nothing else like it. So if when you're planning this road you can keep that in your consideration, I think that that will, again, protect the people who want to live in that rural character. MS. O'CLAlRE: The same as we do with any other corridor, when we go to the design phase, we'll have the same process again and all the public meetings, and citizens will have the opportunity to come make comments on what we propose to them. CHAIRMAN FIALA: But I'm telling you, while you're planning it, you know, keep that in mind. MS. O'CLAIRE: Yep. COMMISSIONER COLETTA: Yeah, one last comment. CHAIRMAN FIALA: Sure. COMMISSIONER COLETTA: And of course, if the land planning ever takes place, which I don't know how we're ever going to be able to tell people they can't build on individual lots out there that they purchased unless we come up with a Conservation Collier that's out of this world to buy those lots, but if we ever do reach that point, we can always go ahead and do away with a road here and there or scale it down considerably to be able to meet that demand; is that not correct? MR. CASALANGUIDA: That's correct. MS. O'CLAlRE: Correct. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. Page 236 October 27,2009 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: 5-0. Thank you. MS. O'CLAIRE: Thank you. Item #8A ORDINANCE 2009-57: AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) BY PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED, COLLIER COUNTY PARKS AND RECREATION IMPACT FEE UPDATE STUDY, DATED JUNE 26, 2009; AMENDING SCHEDULE THREE OF APPENDIX A TO REFLECT THE REVISED RATES SET FORTH IN THE IMPACT FEE STUDY AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1, 2009 FOR THE REGIONAL PARKS IMP ACT FEE RATES AND A DELAYED EFFECTIVE DATE OF FEBRUARY 1,2010 FOR THE COMMUNITY PARKS IMPACT FEE RATES IN ACCORDANCE WITH THE NOTICE PERIOD REQUIREMENTS OF SECTION 163.3180I(3)(D) FLORIDA STATUTES; THE CUMULATIVE RESULTS OF THE RATE CHANGES BEING AN OVERALL DECREASE IN PARKS IMP ACT FEES - MOTION TO ADOPT REDUCTION OF COMMUNITY PARKS IMPACT FEES BY 12% AND APPROVE ALL OTHER RECOMMENDATIONS BY THE PRODUCTIVITY Page 237 October 27,2009 COMMITTEE - MOTION FAILED - MOTION TO APPROVE STAFF'S RECOMMENDATIONS - ADOPTED CHAIRMAN FIALA: Okay. Now we have what, 8A? MR. OCHS: Yes, ma'am. 8A is a recommendation that the board adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, Collier County consolidated impact fee ordinance by providing for the incorporation by reference of the impact fee study entitled Collier County Parks and Recreation Impact Fee Update Study dated June 26,2009; amending Schedule 3 of Appendix A to reflect the revised rate set forth in the impact fee study; and providing for an effective site of November 1,2009, for the regional park impact fee rates, and a delayed effective date of February 1,2010, for the community parks impact fee rates in accordance with the notice period requirements of Section 163.3180 I (3)( d), Florida Statutes. Amy Patterson will. MS. PATTERSON: Good afternoon. For the record, Amy Patterson. I'm the impact fee manager at community development. And I have one item to put on the record before we get into the presentation and answer questions, and that's related to the recommendation made by the Parks and Recreation Advisory Board. The meeting was scheduled later than our deadline for submitting the deadline, so I am reading their recommendation into the record. On October 21,2009, the Proposed Impact Fee Study and Rate Schedule was presented to the Parks and Recreation Advisory Board. The committee unanimously recommended that the study and rate schedule be adopted as proposed by the impact fee study. With that, I have a brief presentation that just takes you probably through some of the questions you might have about this impact fee study. I have with me today Mr. Steve Tindale and Nilgan Camp (phonetic) from Tindale-Oliver. They have a technical presentation Page 238 October 27,2009 they can go through depending on your questions and your feelings on this matter. If you want to go straight to questions, I'm at your pleasure. CHAIRMAN FIALA: Great. Let me ask you, are there any speakers on this item? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay, fine. Well, then let me just start with Commissioner Henning because he's got his light on. COMMISSIONER HENNING: Yeah, thank you. Amy, can we adopt part of it -- part of this without adopting the other? MS. PATTERSON: Meaning one ofthe impact fees and not the other, community or regional? COMMISSIONER HENNING: Yeah. MS. PATTERSON: They are two separate fees. COMMISSIONER HENNING: Oh, okay. Well, good. That's what I'm in favor of. I still don't believe it's the right time to adopt any fees that is increasing. I don't think we're going to be collecting any anyways. MS. PATTERSON: If I can explain about the community and regional parks. While I know there are three categories on the community parks side that are going up -- those are the three single-family rates; however, the other half of that schedule is, in fact, going down. It's the multi-family, RV and hotel/motel categories. However, when you take community parks with regional parks, there is not a building permit that will be applied for in Collier County that is not going to receive a decrease. Those -- there's nobody that pays community parks alone. They're -- the municipalities pay regional parks. COMMISSIONER HENNING: Right. MS. PATTERSON: They don't pay community parks. COMMISSIONER HENNING: Well, if you take a Page 239 October 27, 2009 1,500-square-foot single-family home that pays both the community and regional -- am I correct? MS. PATTERSON: Yes. COMMISSIONER HENNING: Actually you -- with the new fee, you're going to have an increase of those totaled. You take the total of them. MS. PATTERSON: You have an overall decrease. COMMISSIONER HENNING: You have an overall decrease. MS. PATTERSON: Because the magnitude of the regional parks impact fee is so much greater than the increase to the community parks. If you go to the executive summary, I go through each one of the __ I start with community parks, and that's where you see those three increases, and then the three decreases. Then I move on to regional parks. And even though when you look at those next categories of single- family home, while the percentage of decrease is less -- COMMISSIONER HENNING: Okay. I see. MS. PATTERSON: -- the fee is higher. Now you get to the combined, and you'll see that every category is going to experience a decrease in fees. COMMISSIONER HENNING: Okay. I see where you're at. All right. Well, I don't have a problem with it then. I'll make a motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER COYLE: Which one? COMMISSIONER HENNING: Everything. COMMISSIONER COYLE: The whole thing? COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: Okay. I have a motion to approve this item made by Commissioner Henning and a second by Commissioner Halas. The next person to speaker is Commissioner Coyle. Page 240 October 27,2009 COMMISSIONER COYLE: Okay. I can't do that. I really can't. I remember telling the people we were charging these impact fees to that we were going to do this fairly and it was going to represent the actual cost of building our infrastructure, and I simply cannot rationalize intuitively an increase in the community park impact fees for single-family residences. I just -- I know that Mr. Tindale has a rationale for justifying that. There's no question in my mind that it's a good rationale, but intuitively, I cannot vote for an increase in residential or single-family impact fees in community parks at a time when I know the value of property is going down, way down, and I just cannot do that. The best I can do is to say, you leave those alone, leave them where they are. You don't increase them at all. You know, 1 I to 12 percent increase is just unconscionable in this market, and I just cannot accept that. And so I'll have to vote against the motion, although I recognize that the regional park reductions are, in some cases, not significant. COMMISSIONER HENNING: Well, how about if! change my motion to reflect your comments; would you second it? COMMISSIONER COYLE: Well, I would do that if you -- would you tolerate one other possible modification? Just let me explain it. And the Productivity Committee has made some recommendations about taking a look at a further reduction in the valuations of the inventory. And if we could get our impact fee people and the consultant to take a look at those recommendations for the update and get that done and come back to us with a recommendation, that would be very, very acceptable from my standpoint. COMMISSIONER HENNING: Well, that's part of the AUIR process, that -- COMMISSIONER COYLE: Well, no. The level of service could very well be a part of that, and they have also suggested that we take a Page 241 October 27,2009 look at lowering the level of service, and I think we can do that at that point in time. But the process of valuing the inventories and the identification of certain anomalies in valuing inventories for this impact fee calculation is an important observation, and I believe that if we -- the consultant would take a close look at that and come back to us with a recommendation later, that would be very helpful. COMMISSIONER HENNING: Okay. I'll make that motion. COMMISSIONER COYLE: Would that be okay? Then I'm onboard. COMMISSIONER HENNING: Are you going to second it? COMMISSIONER COYLE: I will. COMMISSIONER HALAS: I pull my second. CHAIRMAN FIALA: Okay. And I'll ask you to repeat that motion in a second. Commissioner Halas? COMMISSIONER HALAS: Yes. I really appreciate the study that was made here, but I think that the end result is, right now with the proposed -- prior to the changing of the motion, with the proposal, I think we were looking at about $104,000 decrease in impact fees. I'm amazed at where we are. We keep putting money out. And I always thought that growth was paying for growth, and obviously when we go out and look at this, I don't think we'll be building any community parks in the near future, but if we do, obviously this is going to impact one particular commissioner in District 5. And we've built a lot of community parks in the urban area, and I think it's time that we look at what we're going to do for community parks in the future. And I cannot go along with this motion. And I'm concerned also about, again, balancing the budget when we have to go through and throw additional moneys from ad valorem taxes in to payoff a $600 million debt. So I'm not sure what we're doing here. I've got some real Page 242 October 27,2009 concerns, looking at the $608 million debt. And I'm tired of pushing money out the door. This is not the Federal Reserve. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Thank you, Commissioner Halas, for recognizing District 5 and our deficiencies. But if I could, too -- and I agree with you mostly on this, too. The annual debt service, $ 1.8 million, that 200-some million you're talking about, finan- -- FY year' 1 0, adequate funds exists to be able to pay it from the -- from the impact fees. Financial year 12, no funds exist. We'll have to take it from ad valorem. If this only means the difference of like a hundred-some-thousand dollars, which is real money, if we don't have it in impact fees, we're going to have to take it from ad valorem, and that was never the intention of what we're doing. We're up against the wall when it comes to our ad valorem revenue. And as much as I am not excited about impact fees as they exist today, this is a decrease the way it is. I can support staffs recommendation, but I can't support the motion. CHAIRMAN FIALA: Okay. That's Commissioner Coletta. Commissioners Coyle? COMMISSIONER COYLE: Well, I understand the concern of the other commissioners on this, but let me remind you, we just avoided $1.9 million in proposed expenditures just a few minutes ago. There are lots of opportunities like that. We really haven't taken a serious look at our budget. We keep talking about how difficult it is and how much money we don't have. And the point is, we really haven't even tried to trim back a lot of unnecessary expenses. So -- we've had minor reductions and we've had staff reductions, but we still continue to have staff propose expensive capital projects that simply don't need to be built right now. We can push those out even further. Page 243 October 27,2009 So there is money to be found. There's at least a half a million dollars of money that we're providing to defer impact fees on affordable housing. And as far as I'm concerned, the affordable housing problem was solved a long time ago. Do we really need to defer $480,000 a year in impact fees? Probably not. So what we need to do is to stop acting like the sky is falling and start getting serious about cutting back on expenses, and I believe that a good, close examination of these will lead us to the solution. CHAIRMAN FIALA: Now we talked about things -- the parks and what a great park system we have, and that is true. And we said we don't need any more community parks. Just so happens that the little parks in East Naples, the Eagle Lakes Community Park, we still don't even have a community center. Did you know that? We don't even have a place for people to run for protection, nor do we have a community center at Sugden. We never did get those things at all, which is -- which is okay . We've made do. You know, they can stand under pavilions because we have some picnic benches there. And for about five years now, we've been planning on building a Manatee Park, but we've never gotten that either. So I think there are things to be built. And there are new parks to be in the planning process. I just -- and I'm only picking on my own area, not even yours. And so I just wanted to throw that in. And you, Commissioner -- were you first, Commissioner Henning? COMMISSIONER HENNING: You betcha. COMMISSIONER COLETTA: Yeah, he's first. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Age before beauty, right? CHAIRMAN FIALA: No, you're the youngest one up here. You're like a youngster up here yet. Page 244 October 27,2009 COMMISSIONER HENNING: You know, we're not going to get any impact fees. I don't know why we're going through this exercise. You're not going to get any impact fees. But what you could do is just give hope. When somebody's down, you don't want to give them that boot in the behind to get them all the way down. When building picks up, that's the time that you really want to look at the true costs instead of when there is no building now. And you know, we all recognize there are needs out there. There's always needs. But is it really time to be looking at having more when so many people have less? I mean, I think it's a good proposal. Go for it, and then when-- you throw out moth balls out of community development, and that's when you want to take a look at those fee things. Now's the time to turn on the red light and give discounts; two for one. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'm mystified by how you can start out, Commissioner Henning, endorsing staffs recommendation, then do a complete turnaround, but that's fine. I've changed my mind many times in my life. Can you explain to me the dilemma we're in in trying to pay back the impact fees and where the money's going to come from? CHAIRMAN FIALA: The debt service. COMMISSIONER COLETTA: The debt service. MR. WILLIAMS: Well, I think we've talked a little bit about that on a previous agenda item. Barry Williams, parks and rec director. We've got about another year where our reserves will take care of our current debt. We anticipate, after a year, that we'll need to go to ad valorem to pay that annual debt of roughly a little over $3 million. I just wanted, if I may, just to talk a little about Commissioner Fiala's points. And I know, Commissioner Coyle, your community parks and the cost associated with them and the pricing is very Page 245 October 27, 2009 favorable right now. We do have three projects out there, and Commissioner Fiala mentioned one, Manatee Community Park, Big Corkscrew Island Regional Park in Orangetree, and then Vanderbilt Beach Extension Park. And as you've said, I mean, our mentality at this point is not to bring those projects forward or seek dollars. We are putting them out in the ten-year window with the AUIR, so they're way out there. They're not parks that can be built right now. We have had conversations with the Productivity Committee about the issue that they brought forward in that there's not going to be any parks that are built on the coast, so there does seem to be room for a reduction in impact fees. What we've pointed out is that there are opportunities that come up from time to time. Port of the Isles was a good example where that property became available. There are other waterfront properties. And you do have a beach and boater access issue in Collier County that we're trying to solve. So those are properties that do emerge from time to time. From staffs perspective, taking the consultant's recommendation, I mean, that's -- we did see an overall decrease in impact fees, and we do think that's a reasonable method in adjusting. And this is -- the fee impact study comes regularly where we look at fee impact -- or the impact fees and determine whether they need to be reduces or increased. So for what it's worth, just wanted to throw that out at -- for your discussion. CHAIRMAN FIALA: Barry, do we have any other parks besides -- any community parks beside Eagle Lakes that doesn't have a community center or a regional park, such as Sugden, without a community center? Are there other parks like that? MR. WILLIAMS: I'd have to give it some thought. As far as having a community center, we have other parklands -- we have neighborhood parks, obviously, that don't have community centers. Page 246 October 27, 2009 CHAIRMAN FIALA: Not neighborhood parks. I'm talking about a community park or regional. I believe that they're the only ones. MR. WILLIAMS: I think you may be right. CHAIRMAN FIALA: I think I am. Just to -- I did research it before I asked you. MR. WILLIAMS: You did your homework, I could tell. Yes, ma'am. CHAIRMAN FIALA: Right. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think we need to be realistic here. Let's double impact fees, okay? Let's just double them. How many do you think you're going to get in in the next year to pay your debt? How about that much, zero? Okay. Now, if we cut them in half, how much are you going to lose? Probably nothing. And you're going to be faced with the same source of paying your debt that you would be faced with if we did nothing. So the point is that you're not going to have general fund revenues to pay that debt ultimately because general fund revenues are going to go down too. So we have to focus on real issues. We cannot continue to pump millions of dollars into projects like beatifying a recycling facility just because we want to, or building a community park because somebody's been waiting for it for years, or maybe we start having to look at property we own and exchanging that if we need additional boat launching facilities somewhere. We need to get real about making these decisions. Weare talking about survival. We're not talking about, I would like to have. We're talking about survival, and it's going to get worse next year and probably worse after that. So I think we need to take just a little dose of reality here. You're not going to solve the problem with impact fees and impact fee adjustments. Page 247 October 27,2009 CHAIRMAN FIALA: Maybe we also need to take a little dose of a break for our court stenographer. I hate to stop right in the middle because I know Commissioner Coletta -- COMMISSIONER COLETTA: Yeah, I'm going to forget what I was going to say, but that's all right. CHAIRMAN FIALA: No, you won't. COMMISSIONER HALAS: Why don't you let Commissioner Coletta go. He shouldn't be that long. COMMISSIONER COLETTA: No, I won't. I just want -- real quick. I said -- you just heard a statement from Commissioner Coyle. He didn't ask you a question. He made a statement. So I gather that you know we're not going to collect any impact fees, period, in the next year; is that correct? MS. PATTERSON: No, that's not correct. COMMISSIONER COLETTA: Oh, I'm sorry. I misunderstood Commissioner Coyle. So it's not zero or half of zero? MS. PATTERSON: No. The revenue projections contained in this executive summary are based on the actual permitting history over the past year only so that we could take into account the very bad permitting level that we're at. We didn't inflate it or project it to get better. In fact, we were very, very conservative in our approach. I can get into further detail if -- COMMISSIONER COLETTA: And Commissioner Coyle's right, we do have to cut back like -- we have to do away with the limerock roads in the Estates. Oh, wait a minute. We did that. Or maybe District 5, we ought to do away with any medium (sic) improvements. Wait, we did that, too. Let's see. What else can we do? Oh, let's not build Orangetree Park for a little wh- -- oh, wait. We did that also. We're doing really great here. I just want to thank you for the glow in the western sky. It gives us something to look at at night. Thank you. Now let's take a break. CHAIRMAN FIALA: Okay. We'll take a break right now. Page 248 October 27, 2009 COMMISSIONER COYLE: Where has all of the money gone over the past few years except to District 5? (A brief recess was had.) CHAIRMAN FIALA: Okay, fine. We have a motion on the floor and a second. Would you repeat the motion? COMMISSIONER HENNING: Motion is to approve all the impact fees except for the raising of the community park impact fees. COMMISSIONER COYLE: And the only other thing was to ask the consultant to take a look at the recommendation of the productivity committee and the next update. COMMISSIONER HENNING: Sure. MR. OCHS: Madam Chair, Ms. Patterson may have a slightly different recommendation that might solve both of the concerns from Commissioner Henning and Commissioner Coyle, if she could. COMMISSIONER HENNING: Sure. MS. PATTERSON: On the recommendation, leaving community parks at the current rates, what that does is it leaves half of the schedule that is supposed to come down, that's those three categories with a pretty significant decrease -- we can't just pick part of the schedule and change the rates. We have to do whatever we're going to do to the entire rate schedule. So if we left community parks with the current rates, we're overcharging half of the schedule. And if we tried to reduce half the schedule, we can't do that either. So we would need to -- whatever your decision is with community parks, it needs to be applied throughout the entire rate schedule. The Productivity Committee made a recommendation that the entire schedule be reduced by 12 percent. That would get you where you want to be as far as a reduction in community parks and you could still adopt the regional parks as proposed by the study, which is also a pretty significant reduction. COMMISSIONER COYLE: That's okay with me. Page 249 October 27,2009 COMMISSIONER HENNING: Yeah, I mean, I'll have to change my motion to reflect that if it's not legally possible to do what I want. COMMISSIONER COYLE: It's okay with me. CHAIRMAN FIALA: So you would like to change your motion to reflect -- COMMISSIONER HENNING: The reduction of 12 percent for community parks. MS. PATTERSON: That's correct. COMMISSIONER HENNING: And adopt the rest of them as recommended by our consultant. CHAIRMAN FIALA: And that would work? MR. OCHS: Correct. MS. PATTERSON: That will work. COMMISSIONER HENNING: And do the restudy and -- COMMISSIONER COYLE: And I'll second it. COMMISSIONER HENNING: Call the motion. CHAIRMAN FIALA: Okay. MR. OCHS: Clarification, please. Commissioner Henning commented on the restudy. Can that be done as part of the annual indexing study? COMMISSIONER COYLE: Yes. I mean, that was my proposal, yeah. MR. OCHS: Because we have to come back under the ordinance next year to index this anyhow. COMMISSIONER HENNING: Okay, yeah. MR. OCHS: So if you don't mind, we can incorporate into that analysis, since we're taking the Productivity Committee recommendation across the board on the community park impact fees right now anyhow. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Anyone know what the financial impact on this is? In other words, we're talking about less Page 250 October 27,2009 revenue than staff recommendations in the beginning, correct? MS. PATTERSON: That's correct. COMMISSIONER HENNING: Do you have any idea how much less? COMMISSIONER COYLE: About $230,000. COMMISSIONER COLETTA: Less. MS. PATTERSON: Let's see. Since mine are combined revenue -- I could probably quickly do the calculation, but it's going to be a number between the 200 and -- the 103 was the initial decrease based just on the proposed study. And on the Productivity Committee recommendation, we were going to lose an additional $277,000. I'd have to go and -- I have all of the decreases. I'd have to go and recalculate the numbers and plug them back into the formula to see how -- COMMISSIONER COLETTA: Okay. But still, it's a sizeable decrease in income coming in -- MS. PATTERSON: It is. COMMISSIONER COLETTA: -- that will have to be made up by something else. MS. PATTERSON: That's right. COMMISSIONER COLETTA: Probably ad valorem. Okay. I'm not going to do it to the people I represent. COMMISSIONER HENNING: Call a motion. CHAIRMAN FIALA: Steve Tindale? MR. TINDALE: I'm -- usually I can throw numbers out pretty quick. The community parks' like one-third the price of the regional park. So it makes up one-third of your revenues. And then if you reduce one-third of your revenues by 10 percent, 10 percent of a third is 3 percent. So I think -- you know, I'll just throw up, 6 or 7 percent reduction in revenues. I mean, I'm pretty sure of that. So I don't think it's -- you know, that's pretty fast math, but if you've got -- if you've got two fees, one's at $2 and one's at $1, okay, Page 251 October 27, 2009 so that's only one-third of your revenue, and you reduced that $1 by 10 cents, it's 10 cents over $3, which is 3 percent. So I think -- I think that recommendation reduces your gross revenues by 5 or 6 percent. If you wanted that answer, I think -- and I don't think I'm wrong. COMMISSIONER COYLE: Which is about $230,000. MR. TINDALE: So it's 10 percent -- 5 or 10 percent of whatever your revenues are. CHAIRMAN FIALA: So then we make that up with ad valorem? COMMISSIONER COYLE: Oh, no, not necessarily. MR. TINDALE: That's just what the math is. CHAIRMAN FIALA: Well, you have to pay the debt. COMMISSIONER COYLE: But there are other ways to do it. MR. TINDALE: Yeah. I don't know about what you want to do, but I think that's -- the range of the lost revenues is no more than -- 5 or 10 percent is the range. I'm not recommending it, but I think that's a reasonable calculation. CHAIRMAN FIALA: Commissioner Coletta, did you have a question also? COMMISSIONER COLETTA: No, no. I'm ready to vote. CHAIRMAN FIALA: Did you want to say something else, Amy? MS. PATTERSON: No. COMMISSIONER HENNING: No. CHAIRMAN FIALA: Okay. I have a motion on the floor. Let's repeat it one more time so we all know what we're voting for or against. COMMISSIONER HENNING: Well, the motion, Madam Chair, is to adopt staffs recommendations all except for the community park and give across-the-board reduction of 12 percent and come back with the restudy to -- during the next impact fee -- MR. OCHS: Indexing. Page 252 October 27,2009 COMMISSIONER HENNING: -- indexing. MR. OCHS: Thank you. CHAIRMAN FIALA: Okay. And that's what your second is? COMMISSIONER COYLE: That was my second. CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: I knew that was going to happen a long time ago. Why don't we just get it over with. COMMISSIONER COLETTA: I'd like to make Henning's original motion and approve staffs recommendations as is. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Motion to approve staffs recommendation, and I have a second. Discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That's a 3-2. COMMISSIONER COLETTA: Coincidence. MS. PATTERSON: Thank you. COMMISSIONER HENNING: Why don't we talk about that for an hour or two? Page 253 October 27, 2009 COMMISSIONER COLETTA: Sure, okay. CHAIRMAN FIALA: Is there something you can do about turning some air on? MR. OCHS: They automatically shut it down to try to save some money, ma'am, after six p.m. COMMISSIONER HALAS: They want us to get out of the building. CHAIRMAN FIALA: Okay. Item #IOE REQUEST APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS FOR THE CHANGE IN THE SCHEDULED MEETINGS FOR THE 2007-2008 GROWTH MANAGEMENT PLAN AMENDMENT CYCLE - GMP CYCLE DATES: JANUARY 19TH 9 A.M. - 3 P.M. AND RECONVENE AT 5:05 P.M. FOR THE GOLDEN GATE CP'S; JULY 28TH GMP ADOPTION HEARING DATE - CONSENSUS MR. OCHS: We have -- your next item is lOE. That was previously 16A5. It's a -- request approval by the board of a change in the scheduled meeting from 2007/2008 Growth Management Plan amendment cycle. This was the discussion that Commissioner Coletta raised earlier this morning. That we moved to -- COMMISSIONER COYLE: It's what item? MS. FILSON: It's 10E. It was removed from the consent agenda. COMMISSIONER COYLE: No. What item was it on -- MR. OCHS: 16A5, sir. MS. FILSON: And, Madam Chairman, I have a speaker on this. COMMISSIONER COYLE: Wait a minute. What was it? MR. OCHS: 16A5. COMMISSIONER COYLE: 16A5. Page 254 October 27, 2009 CHAIRMAN FIALA: This is the Growth Management Plan amendment cycle. I think Commissioner Henning pulled that. COMMISSIONER COLETTA: No, I did. CHAIRMAN FIALA: Oh, you. Okay. MR. OCHS: Coletta. CHAIRMAN FIALA: I knew it was from this side. COMMISSIONER HENNING: Who did? COMMISSIONER COLETTA: Actually, I pulled it for one reason, but I have two, and I'm going to go through the first one. As I mentioned earlier during the commission -- or the comments at the beginning of the meeting when we were approving the agenda, this is an item of utmost importance to the people that live in Golden Gate Estates, two of the items at least. That's the commercial center at Wilson and Golden Gate and the commercial center on Randall. A number of community meetings were held. There was quite a bit of support out there for both of them; however, when it came to the Planning Commission, because they ran everything together, a lot of people that were here had to leave. They couldn't wait to speak. They felt like they were left out. I would like very much to be able to hold a meeting out in the Estates in the evening from five to nine. Five to seven would be a time certain for the one there at Wilson and Golden Gate, and from seven to nine would be a time certain for the one at Randall Boulevard. And this is important so people have time to get home from work to be able to make the meeting to be able to interject their opinion. We haven't done this for -- CHAIRMAN FIALA: Yeah, but if we -- if we have speakers like today, we're going to be here still way past midnight, right? COMMISSIONER COLETTA: Well, I think if we run the meeting where we maybe poll the people, maybe get them to agree with other ones, we can keep it moving forward. But the whole things is, as Commissioner Henning said earlier today -- if I can remember Page 255 October 27,2009 your quote. Maybe you could tell me what it was again, about the public -- oh, let's see. I got it right here somewhere. COMMISSIONER HENNING: Republican believes in less government and less spending. COMMISSIONER COLETTA: No. You mentioned the fact how about important it was for public input, and I took you very seriously on that, and I really do think we need to give the public a chance to be able to weigh in on this. Mr. Schmitt? MR. SCHMITT: Yes. For the record, Joe Schmitt, your community development/environmental services division administrator. This is back at your direction. And what we've done is compressed a schedule. The issue now is, what do we do on the 19th of January. Just so you understand, there are ten petitions total. This is your GMP amendment cycle. And historically, at least from 2005, we separated the GMP cycle hearings from the normal Board of County Commissioners hearings. You're going to get a packet probably this thick. It's three books with -- CHAIRMAN FIALA: I hope we're going to get plenty of time to read it. MR. SCHMITT: And -- yes, you will have plenty of time to read it. Now, six of those are Golden Gate Estates petitions or private petitions, six of which involve Golden Gate Estates. Five of those are east of 951. Two of those are the ones -- two of those -- the five are the ones that Commissioner Coletta would like to be -- have heard in the evening. So it will be a full day. You'll have a full day here guaranteed, and then we'll have to adjourn at a time suitable so that you can have your dinner and then proceed out to re- -- reconvene at a location in Page 256 October 27,2009 the Estates if you so direct. We have a couple of choices. We can work on that. A couple of issues that have come up. One was Restoration Church, another one was Big Cypress School or Palmetto Ridge, where we could look at reconvening the meeting out there for those two items to discuss. And I turn it to your direction, but -- COMMISSIONER COLETTA: If I could, Big Cypress would be the most logical choice because it's a little bit closer at least to the Golden Gate/Wilson one. But I'd like your serious consideration on it. We haven't done this for a number of years. If this wasn't such a large change from what has been the acceptance thing in the past, I don't think it would be that important. But in this case it's very important for the people that live out there. I want to make sure they get every opportunity to be able to interact with us. They can't do it during the day. They work. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HALAS: They can come in here in the evening, can't they? COMMISSIONER COLETTA: They could. COMMISSIONER HENNING: Yeah. On the way out there -- there's two petitions from my district. One is in Golden Gate -- by Golden Gate City, and you know that a lot of those people don't drive, they don't have cars, they have to use the transit system. But they can walk to the community center. So if we can have the meeting before going out in Golden Gate Estates, go to the community center and hear the residents there, and then go on the north side of the district, because there -- I mean, a lot of those are elderly people and they really shouldn't be driving anyways. And they have a concern about a subdistrict out there. So if we can have a meeting at Olde Cypress, we could probably eat there and hearing it, and then drive out to Golden Gate Estates. COMMISSIONER COYLE: I think that would be appropriate. Page 257 October 27, 2009 COMMISSIONER HENNING: Yeah. Or we can have the meeting time certain for Golden Gate Estates at 5:05 or five o'clock p.m. here. COMMISSIONER COYLE: Yeah. And get them all at one time. COMMISSIONER HENNING: Why -- before they go home, working in the urban area, they can stop by here and voice their opinion about certain ones. COMMISSIONER COLETTA: I'm lost. CHAIRMAN FIALA: Now, let me just ask you a question along that line. If we meet all day long here talking about the amendments, are we going to be in any mood or are our nerves going to be frazzled? Do we really want to do it all in the same day, because we would be here -- well, like that one time we were here 13 hours, right? COMMISSIONER COLETTA: Suggestion? CHAIRMAN FIALA: Yes. COMMISSIONER COLETTA: That what we do is we have a meeting that starts at nine, goes to noon, breaks off, we got time for a recess, handle the evening meetings, pick up again maybe with an overflow the next day. CHAIRMAN FIALA: That's what we're here to do, the government business. Yes, Commissioner Coyle? COMMISSIONER COYLE: You know, the time of the BCC meeting is important with respect to the schedule. Why can't we have those dates for the BCC meeting penciled in on this schedule so we'll know what our meeting schedule is for the regular BCC meeting in addition to these proposed meetings? MR. SCHMITT: There's the month of January. I don't know if you can see those. You have a BCC meeting on the 12th. You already have a workshop on the 13th. I believe that's the EDC workshop. That meeting is the 19th, and you have a BCC meeting on the 26th. Again, it's been your direction to separate the GMP amendment Page 258 October 27,2009 cycle because of the -- how involved that is from your normal BCC meetings. They are not -- they are more than land use items. They are actually amending the Future Land Use Map and the Future Land Use Element of your Growth Management Plan. And that will be -- I guarantee you, it's going to be an all-day event. We did have two days scheduled. At your direction you asked us to compress this schedule, and we compressed that schedule to try and get the -- all the amendments through by July, and so we've done that. And if you want to go back to the original schedule, I'll see if I can wicker that. COMMISSIONER COYLE: Nobody asked you to go back to anything. I only asked you what the regular meeting schedules was for the BCC. MR. SCHMITT: Yes, sir. COMMISSIONER COYLE: Okay? And I'm talking about the entire year so that we can effectively coordinate this thing. MR. SCHMITT: Sir, these are all coordinated with your calendar on your schedules and the availability of this room. And we -- I work with your staff. My staff works with your staff in coordinating your schedules and availability to get these dates scheduled well in advance. The original schedule was scheduled probably six to eight months in advance. CHAIRMAN FIALA: So on the 19th of January, as we're looking at it here, you have a transmittal hearing that day. MR. SCHMITT: That's correct. CHAIRMAN FIALA: Now, you have it from 8:30 to 5:00. Could that -- MR. SCHMITT: That's correct. CHAIRMAN FIALA: Could we -- could we do as Commissioner Coletta suggested and have it 8:30 to say, 1 :00, and then take the rest of the afternoon and then be back at 5:05 to address the items that he feels the working people need to attend, and then go from 5 :05 till Page 259 October 27, 2009 whatever time? MR. SCHMITT: Ma'am, I could do that, but I seriously doubt you will finish the amendments. You have nine private petitions. COMMISSIONER COLETTA: How about the 20th, have an overflow? CHAIRMAN FIALA: The 20th, we have that day free. MR. SCHMITT: David did a lot of research on this, and I don't even show the boardroom on the 20th available. We'd have to find out -- whoever would be in here, they would be bumped. That's what we do. CHAIRMAN FIALA: That's okay. They have other rooms here. We have other rooms that are televised and so forth. MR. SCHMITT: And you have the Value Adjustment Board that is jumping in on everyone. I don't know if -- Leo, if you have the dates available, but I don't have the boardroom dates. But of course, the board has priority, and we'll bump whoever's in here. CHAIRMAN FIALA: Good. That's what we want to hear. Okay. So -- because we've got to get these transmittal hearings done because there's some things looming out there that we want to make sure don't take place before we get all these transmittal hearings done. So we can always let -- we can invite them to use some of the other rooms right on the campus yet. They all are televised. They can go to those rooms. They have plenty of room in them. So I would appreciate it if you would see if we couldn't -- MR. SCHMITT: Well, no problem. Whoever it is will be bumped. I just need to make sure your calendars are free. CHAIRMAN FIALA: Okay. MR. SCHMITT: All I want is your direction whether you want us to hold the meeting here and have the meeting here even at night, or do you want to adjourn the meeting here sometime that afternoon and then reconvene out in Golden Gate for those two petitions. CHAIRMAN FIALA: Commissioner Coletta? Page 260 October 27, 2009 COMMISSIONER COLETTA: Well, I don't want to overdo it with my fellow commissioners. I appreciate the evening meeting very much. I prefer to have it out there, but if it's not doable because of other considerations, it'd be better than not having it in the evening. COMMISSIONER HENNING: I'm glad you understand. COMMISSIONER COLETTA: Oh, of course I understand, Commissioner Henning, always did. MR. SCHMITT: Ian just advised me that from one to five on the 20th you have a CRA advisory board meeting. CHAIRMAN FIALA: One to five, who? We do? MR. SCHMITT: Yes, ma'am. CHAIRMAN FIALA: The County Commission? MR. SCHMITT: CRA advisory workshop. So you have a workshop on the 20th that afternoon. CHAIRMAN FIALA: So we can meet in the morning. COMMISSIONER COLETTA: We can do both. Meet in the morning and do the -- CHAIRMAN FIALA: Yeah. We can make things work. Let's face it, we're all full-time commissioners and then some, and everybody knows it. We're in meetings an awful lot, and we're here to serve at the pleasure of the community. So if that's what it takes, do it. Fellow board members? COMMISSIONER COYLE: Yeah, I'm all for that, but I -- my point has been completely forgotten, okay. We can't make these schedules as efficient as we could make them without understanding all of the meetings that we have, and they're not on this schedule because you just told us about another CRA meeting. You know, do you understand that what I want is a comprehensive schedule of all of our meetings, and then we do what Commissioner Fiala has suggested. We can see that we've got a morning on the 20th. We can use that morning for something. We've got to understand if that transmittal hearing on the 19th is Page 261 October 27, 2009 to hear something that we have already heard and this is the final meeting and we're ready to transmit it. Is that what that is? MR. SCHMITT: Yes; yes, sir. COMMISSIONER COYLE: Okay. We've already heard it. MR. SCHMITT: No, you wouldn't -- that's going to be the first time you've heard it. It will be voted to be transmitted to DCA at that meeting. COMMISSIONER HALAS: It's the first time. COMMISSIONER COYLE: Wait a minute. Are you telling me that I have never considered the Growth Management Plan provisions that are going to be voted on for transmittal on that day? MR. SCHMITT: Correct. COMMISSIONER COYLE: That's the first time we will have ever seen it? MR. SCHMITT: That's correct. COMMISSIONER COYLE: So we're going to review it for the first time, and then we're going to decide if we're going to transmit it, right? MR. SCHMITT: That's correct. That's a public hearing. The Planning Commission -- COMMISSIONER COYLE: Okay. Now, which one of these are the ones that Commissioner Coletta would like to have in the evenings? MR. SCHMITT: He has a petition that's involved our in Wilson Boulevard and Golden Gate Boulevard and another one at Randall and Immokalee Road. COMMISSIONER COYLE: Okay. That doesn't mean anything to me. Which one of these meetings is it? Is it one in January? CHAIRMAN FIALA: It's all in the same one. COMMISSIONER HALAS: All the same one. MR. SCHMITT: All ten are included in the same meeting. COMMISSIONER COYLE: On the 19th of January? Page 262 October 27,2009 CHAIRMAN FIALA: Yes. MR. SCHMITT: Yes, sir. COMMISSIONER COYLE: So that's the only meeting that Commissioner Coletta's concerned about for the evening; is that correct? MR. SCHMITT: That's correct, just that one meeting for the evenmg. COMMISSIONER COYLE: Okay. Then I don't know why we can't do that. Ifwe want to meet half the day on the 19th, come back and do the evening meeting for Commissioner Coletta, and then take up any unfinished business on the morning of the 20th. MR. SCHMITT: That's fine. COMMISSIONER HALAS: Are you talking about-- MR. SCHMITT: Proceed with that direction. COMMISSIONER HALAS: Where's the meeting going to be held at? COMMISSIONER COYLE: Here. COMMISSIONER HALAS: Oh, all right. MR. SCHMITT: Here. You're going to do the meeting on the 19th here, we'll adjourn in the afternoon at some time to allow for folks to reconvene. You'll all reconvene at a location in the Estates. That's -- COMMISSIONER COYLE: No, no, no. COMMISSIONER HALAS: No, here. CHAIRMAN FIALA: No, no, no, right here. MR. OCHS : We're coming back here. MR. SCHMITT: Oh, you're going to come back here. CHAIRMAN FIALA: Right here. COMMISSIONER COYLE: Yeah, right here. MR. SCHMITT: So all the meeting will be done here. Understand. COMMISSIONER COYLE: Yes. But we're going to do those in Page 263 October 27,2009 the evening that Commissioner Coletta feels are important. MR. SCHMITT: Yes. COMMISSIONER COYLE: Okay. So if we can get those kind of things -- now, this is the only time that we've got that problem; is that correct? MR. SCHMITT: That's correct. COMMISSIONER COYLE: Okay. It's only in January, huh? MR. SCHMITT: Unless we do it again for adoption, but we don't have to worry about that until July. COMMISSIONER COYLE: Late in the year. Okay, all right. CHAIRMAN FIALA: So Commissioner Henning, did you want to say something here? COMMISSIONER HENNING: Yeah. I make a motion that we approve it with the caveat -- CHAIRMAN FIALA: Sue just said, speaker, speaker. MR. ANDERSON: (Waves hand.) CHAIRMAN FIALA: Waive, waive, okay. Speaker waives. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Can we start it at one and do the Golden Gate Estates stuff after -- after five? COMMISSIONER HALAS: We're going to start at nine in the mornmg. COMMISSIONER HENNING: Pardon me? You want to start at nine in the morning? COMMISSIONER HALAS: Yeah, because you've got ten items. You've got ten items that we never heard yet. COMMISSIONER COYLE: Well, yeah, but my suggestion was, start it in the morning at nine o'clock. We're going to have to adjourn in mid afternoon though, you know, and -- COMMISSIONER HENNING: Okay. All right. That's my motion. COMMISSIONER COYLE: Then if we don't finish up those ten Page 264 October 27,2009 items, we take them up on Wednesday morning on the 20th. CHAIRMAN FIALA: Right. MR. SCHMITT: If you stay here, I think you will get through them all on the 19th, I think. But they're very lengthy. Six -- again, six of those petitions involved Golden Gate Estates. COMMISSIONER COYLE: But remember, we're not going to start at nine in the morning and then go right straight on through into an evening meeting. CHAIRMAN FIALA: We've got to have time for dinner. COMMISSIONER COYLE: That's right. That's right. MR. SCHMITT: We will adjourn at-- COMMISSIONER COYLE: At around three o'clock. MR. SCHMITT: At a time that you're -- COMMISSIONER COYLE: And if we're not finished at three o'clock, we can do it the morning of the 20th. MR. SCHMITT: I will schedule the 20th as a carryover. The 20th -- the morning of the 20th is carryover. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Good. You've got a whole bunch agreeing with you. COMMISSIONER COLETTA: We're seconding your motion. COMMISSIONER COYLE: Good, good. Now, can we take a look at July, the July schedule? COMMISSIONER COLETTA: Vote on this one. COMMISSIONER COYLE: This one's okay. I mean, that's -- I mean, we know what we want to do now, right? COMMISSIONER HENNING: Yeah. COMMISSIONER COLETTA: Yeah, but did you want to -- we have to have a motion and a second and a vote or no? COMMISSIONER HALAS: No, you got nods. COMMISSIONER COLETTA: Okay. COMMISSIONER COYLE: Yeah. Page 265 October 27, 2009 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: No, that's the September. MR. SCHMITT: Normally adoption hearings go much quicker and, of course, you only hear those items in the adoption that are transmitted. If they're not transmitted, you don't rehear them again. COMMISSIONER COYLE: Okay. But I just want to see the July schedule now. COMMISSIONER HENNING: No. We're doing it in September, according to the front page of the executive summary. COMMISSIONER COYLE: I just want to look at July. CHAIRMAN FIALA: July's the CCPC. July is just CCPC. COMMISSIONER HALAS: July 20th. COMMISSIONER COYLE: Okay. But we've got meetings in July, too. We should have. MR. SCHMITT: July 29th, I believe, is the day after your board meeting. MR. MITCHELL: That's the 20th. COMMISSIONER HENNING: Oh, I see that. CHAIRMAN FIALA: July 20th is the adoption, but it says CCPC, not BCC. MR. SCHMITT: No. On Page 2 of your executive summary shows July 29th. CHAIRMAN FIALA: Oh. MR. SCHMITT: You have a board meeting on the 27th. COMMISSIONER HALAS: Oh, yeah, right there. COMMISSIONER COYLE: Board meeting is on the 27th, and the 28th is a carryover day? MR. MITCHELL: No. On the 28th you've got your GMP meeting. COMMISSIONER COYLE: Oh. The 28th is a GMP meeting. CHAIRMAN FIALA: Revised and compressed. COMMISSIONER HENNING: 29th. Page 266 October 27,2009 COMMISSIONER COYLE: And then there's an adoption hearing on the 29th; is that the way it works? Or we got something messed up here? MR. SCHMITT: Right now my executive summary shows the 29th. There -- CHAIRMAN FIALA: Okay. MR. SCHMITT: Ian -- it is the day after the board meeting. MR. MITCHELL: The board meeting's the 27th and the GMP meeting's the day after, because we agreed that you would have -- COMMISSIONER COYLE: So it should be the 28th. MR. SCHMITT: The 28th. MR. MITCHELL: The 28th. COMMISSIONER COYLE: So that has to be changed? MR. SCHMITT: Right. That's not a problem. We can deal with that. I just need to know so I can let the petitioners know so we advertise. You will reconvene here at five or at six? I want to make that clear. COMMISSIONER COLETTA: Five. MR. SCHMITT: Five o'clock here. CHAIRMAN FIALA: And four people need to be -- I mean, we have to have all five commissioners here for that; is that correct? Because you need a four vote on all of these things? MR. SCHMITT: Three to transmit. CHAIRMAN FIALA: Three to -- yeah, but this is adoption in July. MR. SCHMITT: July would be adoption. You need four to adopt. CHAIRMAN FIALA: So you need four votes, right? MR. SCHMITT: Four to adopt, that's correct. CHAIRMAN FIALA: I just wanted to make sure so everybody understands what the parameters are here, okay. COMMISSIONER HALAS: So Coyle can't fly his airplane out Page 267 October 27, 2009 west. COMMISSIONER COYLE: It only takes one day to do that. CHAIRMAN FIALA: Okay. Does everybody have it clear on this subject? Do we need to have a vote, or is it all -- everybody's just in agreement? We need to have a vote? No, we're good with the nods. COMMISSIONER COYLE: Good. CHAIRMAN FIALA: Very good. Staff understand, or staff approves -- MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Staffs clear with all that. COMMISSIONER COYLE: And it changed that July 29th to July 28th, right? Everybody got that? CHAIRMAN FIALA: Well, as long as that's the correct date. COMMISSIONER COYLE: Yeah. No. CHAIRMAN FIALA: They said -- Ian said that the 27th was the board meeting. MR. SCHMITT: 27th is the board meeting. July would be the 28th GMP amendment meeting. COMMISSIONER COYLE: That would be the adoption hearing? MR. SCHMITT: Adoption hearing. COMMISSIONER COYLE: And so the July 29th date here is incorrect, so change that to 28. MR. SCHMITT: And your calendars are correct. We know that. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Okay. MR. SCHMITT: And again, the July meeting, it will depend on what is transmitted before we worry about what's scheduled in July, what meetings -- or what petitions are scheduled. CHAIRMAN FIALA: Very good. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Yes, Commissioner? Page 268 October 27, 2009 COMMISSIONER COLETTA: Well, if we're through with that, I've got one other thing that I wanted to ask Joe Schmitt about. CHAIRMAN FIALA: On this subject? COMMISSIONER COLETTA: No. Slightly different subject, same item though, same agenda item. CHAIRMAN FIALA: Okay, go ahead. COMMISSIONER COLETTA: Mr. Schmitt? MR. SCHMITT: Yes. COMMISSIONER COLETTA: Immokalee Master Plan. I'm getting all sorts of panic letters from Immokalee. Is there a big problem taking place that I should be aware of? COMMISSIONER HALAS: Fred Thomas. COMMISSIONER COLETTA: Oh, God. I didn't mean to do it to you this late. MR. SCHMITT: Well, as far as we're concerned, the Immokalee Master Plan schedule is as shown in your document. We're continuing with the scheduled dates unless the Immokalee CRA Advisory Board or the petitioner requests an extension. But we sent them -- and David, correct me -- a 27-page sufficiency review on corrections, and sufficiency data that needs to be submitted. They have to resubmit by the 30th of the month. I have a scheduled meeting with the EAC in December and a Planning Commission meeting in January. We plan on meeting those dates, and we will send the petition to the public meetings whether it's complete or not. We will have to address the issues during the public hearing. But the schedule is on track. As far as we're concerned, it will be as -- the schedule as you directed and as you approved. COMMISSIONER COLETTA: Thank you, sir. Thank you. CHAIRMAN FIALA: Okay, good. Now let's see. What else do we have on here? Page 269 October 27,2009 COMMISSIONER HENNING: Public comment. Item # 11 PUBLIC COMMENT MR. OCHS: Commissioner, you have public comment. CHAIRMAN FIALA: We have somebody -- we have public out there, don't we? COMMISSIONER COYLE: We've got Bruce Anderson. MS. FILSON: I have no one -- COMMISSIONER COLETTA: Bruce Anderson. MS. FILSON: I have no one registered for public comment. COMMISSIONER HALAS: The Bruce Anderson. CHAIRMAN FIALA: Oh, okay. Very good. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Okay. That moves us to Item 15, ma'am. CHAIRMAN FIALA: 15, we've finished this. 15 is us, isn't it? MR. OCHS: Communications, yes. CHAIRMAN FIALA: Okay. Communications. And we'll start with you, County Manager? MR. OCHS: Thank you, and I'll be brief. I spoke a little bit this morning about the board's potential interest in a workshop with the Foreclosure Task Force and other stakeholders in the community, and I'm looking for three nods or more from the commission about an interest in a workshop there, and I can work with Ian to try to get that on your calendars. COMMISSIONER COLETTA: Yes. Page 270 October 27,2009 CHAIRMAN FIALA: I see a couple nods already. Okay, great. MR. OCHS: And the rest ofthis will keep. Thank you. CHAIRMAN FIALA: County Attorney? MR. KLATZKOW: Nothing, ma'am. CHAIRMAN FIALA: Okay. Let's see. Let's start with Commissioner Henning. COMMISSIONER HENNING: Yeah. You know, Jim Mudd is very much a part of all of us, all our lives, and if we can kind of get some update of what's going on, you know, how he's doing and what's the best way to communicate with him. And, of course, I know that everybody, including the community, has their prayers, has Jim Mudd in their prayers. So -- and then I have one other thing. MR. DeLONY: Good evening, Commissioners. Jim DeLony, your public utilities administrator. Mr. Mudd's doing fine. COMMISSIONER HENNING: Good. MR. DeLONY: And hanging tough. He's out of town this week, got a bit of a head cold, but I think he's doing fine. I find that the best way to communicate with him is either through the manager's office, because he has a -- he's still cleaning out a couple things in the files, and so he's usually around. And if you have anything for him personally, you can always get in touch with myself or Mr. Ochs. COMMISSIONER HENNING: I will call you tomorrow. MR. DeLONY: Sir, I'll look forward to that call. COMMISSIONER HENNING: Great. And the next thing is a previous conversation we had at the Board of Commissioners about an article that was in the Collier Citizens and our meeting. I spoke to the author of that article. What it was -- and I went back to the meeting, and it was an item on our agenda, and the Chairperson asked Sue, well, how many Page 271 October 27, 2009 speakers do we have? And Sue said ten. And you said, okay, that's it. We're going to cut it off right at ten. And the perception was, if you, you know, stand back and view it, is, all right, we're limiting speakers on items, which we don't. What we do is just, when the item starts, whoever's signed up for it, that's who gets to speak. But you've been very courteous today, and I commend you for that, for involving the public on items. CHAIRMAN FIALA: And I hope I'm always courteous involving the public. COMMISSIONER HENNING: Well, you know, I'm getting older, you know. I can't remember everything. So the hallmark of good government is public participation. So -- and all the items that we did today, we -- before making up our mind or any indications on how we're going to go, we listen to the public. So good job. CHAIRMAN FIALA: Thanks. I was wishing I could have made the meeting go a little bit faster. I was feeling a little bit bad about that, but I'm glad you said that because that makes me feel a little bit better. We all -- I think every one of us agree that we always want to hear from the public. And this year my approach has been whenever the item is heard, first we hear from the petitioner, then we hear from staff, and then before we start talking we let the public speak first. And I figured that's best because then we hear what the public has to say before we start deliberating. And it seems to have worked, and I was hoping that it moved the meetings along a little bit. But yeah, we've never -- we've never limited the number of people. We have stopped them once the subject has started so we don't have people continuing to come up. COMMISSIONER HENNING: Right. CHAIRMAN FIALA: But -- and I always notify them first so that -- you know, in case they're there, they can get their speaker slips Page 272 October 27,2009 in. I don't want to stop them if they're -- like today when they were standing there. But thank you for noting that. I appreciate that. COMMISSIONER HENNING: We just need to limit the discussion up here. CHAIRMAN FIALA: Yeah, we could do that. You know what, somebody gave me a timer at one point in time. I still have it. Yes, we get a little lengthy, don't we? Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. And I'm glad you brought the subject up, because the meeting we're going to be going through in January with people coming from the Estates is going to have to start at five. We have to start it early enough to be able to finish those two items, five to nine. I hoping that the chair will allow people to be able to sign up for the first part of the meeting a little bit later than five because they're going to be coming home from work at five. They might not be coming in here till 5:30 or so, and take that into consideration. I suggested five so we weren't going to be here late at night. Actually, six o'clock would have been a better time, but who wants to stay here till ten? CHAIRMAN FIALA: And I'm not going to be chair then, you know. COMMISSIONER COLETTA: Oh. CHAIRMAN FIALA: I mean, we'll already have a new chairman by that time, and that will be -- Mr. Patience -- COMMISSIONER COYLE: There will only be three speakers. CHAIRMAN FIALA: -- will be our chairman then. COMMISSIONER COLETTA: Well, I'm not going to take any chances and say anything else. CHAIRMAN FIALA: That's probably smart. Commissioner Coyle? COMMISSIONER COYLE: Yes, only one thing. I know that Page 273 October 27,2009 Leo is looking into ways to make sure that our visitors who are coming down for the winter are not overwhelmed by traffic tickets for red light running, and he's looking for ways to make sure people are properly informed that cameras are enforcing that sort of thing. And I wonder if we could put out some of the signs we use for construction advisories and things like that, put a few ofthose on major -- in the areas where this is being done to warn people that -- to come to a full stop and that it is enforced by camera or video surveillance or whatever, and give them a chance to be informed so that they don't develop a really bad -- CHAIRMAN FIALA: Taste in their mouth. COMMISSIONER COYLE: -- attitude concerning this. But I'll tell you, more and more cities are doing this. Orlando has -- is making widespread use of the camera system, and their fine is $239, and there's no -- there's no warning or anything else. And that's a lot oftraffic. If you can imagine all of the people driving around in Orlando, that's a lot of traffic, a lot of tickets. And people have just sort of gotten used to it. They're obeying the traffic laws, and there's not as many traffic fines as there was in the beginning. So it's beginning to work out, and I hope that's what happens here, it trails off and we don't have a lot of them. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. My concern is that maybe we're going to have to raise the fines for these traffic infractions since there's a group in Naples called the 5th Avenue Group who are looking seriously at trying to get the Chicago Cubs down here. And it amazes me that the county hasn't been involved in this episode yet, because I'm sure that they're going to try to come in here and say, oh, boy, everybody is in favor of this, you guys have to come up with the money to build the stadium, provide the land, and everything else. And I hope that people realize that -- how good it may sound, this is not the time to bring forth a project of this nature. Page 274 October 27,2009 So I hope that people have cooler heads in regards to trying to push this effort forward unless somebody else is going to take care of it. Now, what bothered me was the fact that it says it was public/private. And when you say public, that means funds coming from the government. Now, ifthere's -- ifthere's groups out there, venture capital groups, I welcome them to get involved in this, and anybody else. But as far as making it a public thing, I got a problem with that at this point in time. CHAIRMAN FIALA: I just happen to know a little bit about that. Actually we spoke about it yesterday morning at the TDC meeting. Murray Hendel has been -- has been more or less the kingpin in guiding this thing. And one of the things the TDC told him right from the start, right from the get-go is, you want to build something -- he's very excited about it. He said, great, but we're not going to -- we don't have any money. I assured them we didn't have any from the BCC. TDC said they didn't have any money. Murray said, but would you consider it if I got all the money from private investors? We said, yeah. COMMISSIONER HALAS: Go after it. CHAIRMAN FIALA: We said, yeah, if you can do that, great. Of course, nobody believed it. Here he's back four months later and he's got the money pledged, or at least that's what he thinks. And so he talked about public/private -- we wanted to know what public/private meant then because we felt, you know, does that all of a sudden mean -- he said, no -- COMMISSIONER HALAS: That's right. CHAIRMAN FIALA: No, a committee. And so then one of the board members asked to tell them what he meant by the public people on the committee, and it's nobody from our county. It's the public outside, just for the public comment. He wanted -- he wants to put Page 275 October 27, 2009 together a committee of about 15 people to more or less guide them. Now, when asked about this, he said, no funds whatsoever would go to building this stadium nor buying the land, but when questioned a little bit further about the maintenance, he said, I didn't say maintenance. So there are still things to be questioned here. And -- look at Marla. But at least this is -- this is where he is about now. So being that you asked that question, I thought I'd just chime in. Yes, Commissioner Coyle? COMMISSIONER COYLE: You raised a question, ifI could just ask a question. Somewhere along the line I read that the county attorney had -- was looking into whether or not the TDC and/or any other subcommittee thereof should be asking for or recommending such an action to the Board of County Commissioners. Did you pursue that at all, Jeff? MR. KLA TZKOW: My view is that until this board acts, this is a noncounty matter. COMMISSIONER COYLE: Okay. MR. KLA TZKOW: I mean, until you give direction to the TDC that you want them to look at it or set up a separate committee, which would -- I would recommend, rather than using the TDC -- COMMISSIONER COYLE: Yeah. MR. KLATZKOW: -- that it's just people meeting. It's not a county function at this point in time. COMMISSIONER COYLE: Well, the problem here is that if TDC people are meeting, it's a Sunshine Law violation. MR. KLATZKOW: Yes, it is. COMMISSIONER COYLE: Okay. And that's what we want to avoid. We do not want this project to be named Stadium Naples. And it is very important that members of the TDC conduct themselves in accordance with the Sunshine Law. CHAIRMAN FIALA: I don't believe he's meeting with anybody from TDC about this, by the way. Page 276 October 27, 2009 COMMISSIONER COYLE: Well, I don't know, and I didn't suggest they were. CHAIRMAN FIALA: Well, you know what? I don't either. I'm saying that -- COMMISSIONER COYLE: We don't know who is on the committee. We haven't been informed of that, I don't think. And it's -- it is irregular that TDC members are -- or a member is beginning to get involved in something that the board has not directed. And I'll say something to you right now, and I think the folks in the back will agree. There is no way that a baseball stadium can be built in Collier County without the involvement of Collier County Government, okay. You've got all sorts of issues involved with site planning, site location, infrastructure availability, traffic patterns, compatibility, all of those kinds of things. It is absolutely insane for anybody to presume that they can make a decision about locating a baseball stadium in Collier County without involving the county. So I am -- I'm a little bit more concerned about it now than I was before. CHAIRMAN FIALA: We're just looking for a battery with this thing so that we can, you know -- COMMISSIONER COYLE: You know, I'll just keep count here. COMMISSIONER HALAS: Okay. I just -- I wanted to get it out there on the table. COMMISSIONER COYLE: Yep, that's good. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: Motion to adjourn. CHAIRMAN FIALA: No, I haven't had a chance yet. I wanted to chime in with something Commissioner Coyle said, and I wanted to totally agree with him about welcoming our tourists into town and our winter residents. I've said this quite a few times, and I just want to say this again, we all need to be courteous and respectful and welcome them because they're going to be the people who are going to put our Page 277 October 27, 2009 people back to work, and they're going to be the -- they're going to have the dollars that will start breathing some new life into our funds, and we have to remember to treat them respectfully and let them know that we welcome them. And I say that, yesterday as I was pulling out of here, guys beeping on their horn, our own people, you know, and really making a nuisance of themselves. COMMISSIONER HALAS: Sure it wasn't from New York? CHAIRMAN FIALA: No, it wasn't. And, you know, we have to remember to let them know that we're glad that they're here because they're going to make our economy, and with all of the extra dollars we're putting into tourism advertising, hopefully we get a lot more people here, let them know that we appreciate them. Second thing I wanted to talk to you about is proclamations. In the last few years we've seen a number of proclamations steadily increasing. And in fiscal 2006, we awarded 57 proclamations. In 2009, we awarded 113. The number seems to be increasing, and so I've asked -- I wanted to ask if the board would allow me to direct the county attorney and Ian Mitchell to draw up a document giving guidance and giving us parameters to be met as to how we will issue proclamations in the future. COMMISSIONER HALAS: Sure. CHAIRMAN FIALA: I just had somebody call me yesterday and ask if -- there's a really nice lady who's been very generous, and they asked if I -- if we could have a proclamation to celebrate her birthday. Well, that's nice and she's a wonderful lady, but, you know, we just have to draw some lines someplace. I know with the business, when the Big Cypress came in, I had a couple people say, you know, I've got a business that's hurting, too. Why can't we have proclamations? We have to be really careful about that. So I'm asking for your agreement that we have the county Page 278 October 27,2009 attorney and Ian Mitchell produce a document for discussion and approval. COMMISSIONER COYLE: You've got my support. COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Okay. I see a lot of nods. COMMISSIONER COLETTA: Sure. CHAIRMAN FIALA: Thank you very much. That's it for me, folks. COMMISSIONER HENNING: Motion to adjourn. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: I have a motion and a second for adjournment. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Good night. ****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 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR TURNER WATER MAIN - WITH A RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A2 Page 279 October 27, 2009 RESOLUTION 2009-249: ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PARCEL 105 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - WITH THE RELEASE OF THE MAINTENANCE SECURITY Item #16A3 RESOLUTION 2009-250: ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PARCEL 106 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED - WITH THE RELEASE OF THE MAINTENANCE SECURITY Item #16A4 RESOLUTION 2009-251 : ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF MEDITERRA PARCEL 118, WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y MAINT AINED - WITH THE RELEASE OF THE MAINTENANCE SECURITY Item # 16A5 - Moved to Item # 1 OE (During Agenda Changes by Commissioner Henning) Item #16A6 RELEASE AND SA TISF ACTIONS OF LIEN FOR PAYMENTS Page 280 October 27,2009 RECEIVED FOR CODE ENFORCEMENT ACTIONS - WITH A RECORDING COST TOTALING $130.00 Item #16A7 SETTLEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIENS IN THE CODE ENFORCEMENT ACTION ENTITLED DEUTSCHE BANK TRUST CO., CEB NO. 2007080008 RELATING TO PROPERTY LOCATED AT 2414 58TH AVENUE NE, NAPLES, FLORIDA- WAIVING $47,319.19 IN FINES AS PART OF A NEGOTIATED SETTLEMENT Item #16A8 ADVERTISE A PROPOSED ORDINANCE ADOPTING THE FLORIDA BUILDING CODE 2007 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO PERMITTING REQUIREMENTS PURSUANT TO SECTION 105.2 OF THE 2007 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATIONS, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER PROPERTY, AND PROVIDING FOR REPEAL OF ORDINANCE NO. 2002-01 IN IT'S ENTIRETY Item # 16A9 ADVERTISE A PROPOSED AMENDMENT TO ORDINANCE NO. 82-3, AS CODIFIED IN SECTION 14-2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, TO REMOVE THE PROHIBITION AGAINST THE POSSESSION, SALE, IMPORTATION OR RELEASE (INTO COUNTY WATERS) OF Page 281 October 27,2009 TILAPIA Item #16AI0 WAIVER OF THE APPLICABLE TIME CONSTRAINTS AND FEES FOR A TEMPORARY USE (TU) PERMIT FOR THE PLACEMENT OF TEMPORARY BANNERS AND ON-SITE/OFF- SITE DIRECTIONAL SIGNS TO ANNOUNCE THE LOCATION OF IMMUNIZATION CENTERS IN RESPONSE TO THE FEDERALLY DECLARED PANDEMIC (HINl VIRUS) AS A NATIONAL PUBLIC HEALTH EMERGENCY - LOCATED AT THE SOON TO BE VACATED K-MART SITE IN FREEDOM SQUARE PLAZA OFF ROUTE 9511COLLIER BOULEVARD AND US 411EAST TAMIAMI TRAIL AND THE NORTH COLLIER REGIONAL PARK Item #16Bl AGREEMENT FOR THE CONVEYANCE OF RIGHT-OF-WAY AND OTHER EASEMENT PARCELS NECESSARY FOR THE CONSTRUCTION OF OIL WELL ROAD (FISCAL IMP ACT: $2,146) - LOCATED AT SEGMENT 4, FROM OIL WELL GRADE ROAD TO CAMP KEAIS ROAD Item # 16B2 TERMINA TE THE CONTRACT A WARDED TO BIG TREE, INC., FOR BID #09-5194 COLLIER COUNTY RIGHT-OF-WAY (ROW) AND MEDIAN MOWING AND MAINTENANCE ANNUAL CONTRACT IN THE AMOUNT OF $124,240.00 - PER DEF AUL T AS ALLOWABLE UNDER THE CONTRACT AND A LETTER SENT IN BY BIG TREE, INC. Page 282 October 27, 2009 Item # 16B3 PURCHASE OF A FEE SIMPLE ROAD RIGHT-OF-WAY PARCEL AND A TEMPORARY CONSTRUCTION EASEMENT WHICH ARE REQUIRED FOR CONSTRUCTION OF THE COLLIER BOULEVARD WIDENING PROJECT. PROJECT NO. 68056 (FISCAL IMP ACT: $32,250.00) - CHANGING THE PROJECT FROM FOUR LANES TO SIX LANES BETWEEN GREEN BOULEVARD AND GOLDEN GATE BOULEVARD Item #16B4 THIRD AMENDMENT TO THE OCTOBER 14, 2003, COMP ANION AGREEMENT TO THE OCTOBER 22, 2002, SABAL BAY DEVELOPMENT CONTRIBUTION AGREEMENT FOR ROAD IMP ACT FEE CREDITS PROVIDING FOR A CHANGE IN LAND CONVEYANCE MEANS FOR PORTIONS OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (PROJECT NO. 51101) - THE REAL PROPERTY IS NECESSARY TO COMPLETE THE CONSTRUCTION OF THE LEL Y AREA STORMW A TER IMPROVEMENTS WITHIN THE SABLE BAY DEVELOPMENT Item #16B5 PAYMENT OF ATTORNEY FEES AND EXPERT WITNESS FEES INCURRED BY DR. GERALD AND MRS. ROSEMARY BROWN IN DEFENSE OF THE TAKING OF A PORTION OF THEIR PROPERTY FOR THE COLLIER BOULEVARD SIX- LANING PROJECT (FROM GREEN BOULEVARD TO GOLDEN GA TE BOULEVARD). PROJECT NO. 68058, PARCEL NOS. Page 283 October 27,2009 170FEE AND 170TCE (FISCAL IMPACT: $22,879.25) - FOR THE ACQUISITION OF THE EASTERN 35 FEET OF THE PROPERTY AS WELL AS ANOTHER 5 FEET FOR A TEMPORARY CONSTRUCTION EASEMENT AND FOR COSTS INCURRED AFTER STAFF & ENGINEERS REDESIGNED THE PROJECT, DELETING THE NEED FOR THE BROWN'S PROPERTY Item #16B6 TEMPORARY RIGHT OF ENTRY TO CONSTRUCT A CONNECTING SIDEWALK FOR A BUS SHELTER ON A .004 ACRE PORTION OF LAND ALONG THE EXISTING RIGHT OF WAY ON U.S. 41 AT THE WATERSIDE SHOPS ON PINE RIDGE ROAD. PROJECT NO. 60083 (FISCAL IMP ACT: $0) - IN ACCORDANCE WITH ADA REQUIREMENTS THE FOUNDATION MUST BE TIED INTO AN EXISTING SIDEWALK Item #16B7 WORK ORDER IN THE AMOUNT OF $269,010.00 TO POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J) UNDER CONTRACT #06-3969 FIXED TERM PROFESSIONAL ENGINEERING SERVICES UTILIZING THE BEST VALUE OFFER (BVO #06-3969-9) FOR DESIGN AND PERMITTING OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT (LASIP) NAPLES MANOR DITCH AND US 41 DITCH DESIGN (PROJECT NO. 51101) Item #16B8 AMENDMENTS TO THE STAFF SERVICES AGREEMENT BY Page 284 October 27,2009 AND BETWEEN THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) BOARD AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND TO AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDED AGREEMENT - TO ALLOW CHANGE FOR CHANGE IN SECTION 3.04 (TRAVEL EXPENSES) TO REFLECT THE MPO'S PER DIEM AND MILEAGE RATE Item #16B9 PAYMENT OF ATTORNEY FEES AND EXPERT WITNESS FEES INCURRED BY TANIA CANTIN AND MIGUEL DEL POZO IN DEFENSE OF THE TAKING OF A PORTION OF THEIR PROPERTY FOR THE COLLIER BOULEVARD SIX- LANING PROJECT (FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD). PROJECT NO. 68056, PARCEL NOS. 161FEE AND 161TCE (FISCAL IMPACT: $4,980) - THE APPROVED PURCHASE AGREEMENT DATED AUGUST 21, 2009 PROVIDED ONLY THE PURCHASE FOR THE THEN PROPOSED RIGHT-OF-WAY WITHOUT MENTION OF THE ATTORNEY AND REAL EST A TE APPRAISER FEES Item #16Cl RESOLUTION 2009-252: RESOLUTION TO APPROVE THE SATISFACTIONS OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993, 1994, 1995 AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $68.50 TO RECORD THE SA TISF ACTIONS OF LIENS Page 285 October 27,2009 Item # 16C2 SATISFACTION FOR A CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN - FOR FOLIO #63000160000 LOCATED AT 6600 DUDLEY DRIVE Item # 16C3 AGREEMENT NO. 4600001904 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE CONTINUED COLLECTION OF SURF ACE WATER QUALITY SAMPLES IN COLLIER COUNTY IN THE AMOUNT OF $210,000 - FOR ANOTHER THREE YEARS FOR WATER QUALITY MONITORING PROGRAM WITHIN THE BIG CYPRESS BASIN Item #16C4 AMENDMENT TO THE FLORIDA INNOVATIVE WASTE REDUCTION AND RECYCLING GRANT AGREEMENT IG8-09, THE COLLIER COUNTY SEASONAL AND YEAR ROUND BUSINESS "HOW TO RECYCLE" VIDEOS GRANT, FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE PORTABLE RECYCLING CONTAINERS Item #16Dl SUBRECIPIENT AGREEMENT PROVIDING FOR A $111,802.00 HOUSING AND URBAN DEVELOPMENT (HUD) GRANT TO THE CITY OF NAPLES FOR IMPROVEMENTS TO THE RIVER Page 286 October 27,2009 PARK COMMUNITY CENTER - INCLUDING AN UPGRADED SOUND SYSTEM FOR THE COMMUNITY CENTER, AN INTERCOM SYSTEM FUNCTIONING BOTH INDOOR AND OUTDOOR, TWO ADDITIONAL AIR CONDITIONING SYSTEMS, UPGRADING THE FLOORING AND A DRINKING FOUNTAIN FOR THE CENTER LOCATED AT 301 11TH ST. NORTH Item #16D2 ACCESS EASEMENT AGREEMENT WITH CARIBBEAN VENTURE OF NAPLES, LLC EXTENDING AN EXISTING EASEMENT OVER COUNTY PROPERTY TO CONSTRUCT A DUAL PURPOSE PUBLIC ACCESS ROAD EXTENDING FROM AN EXISTING EASEMENT TO THE PROPOSED COUNTY PARK AND PRIVATE DEVELOPMENT FOR A TOTAL REVENUE OF $1,480.00 - CVN WILL ALSO MAINTAIN THE ROADWAY AT NO COST TO THE COUNTY Item #16D3 TWELVE (12) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY - FOR THE FOLLOWING LOTS AND DEFERRAL AMOUNTS: LIBERTY LANDING LOT 48, $14,987.08; NAPLES MANOR LAKES LOT 25 BLOCK 3, $29,641.30; NAPLES MANOR LAKES LOT 26 BLOCK 3, $29,641.30; NAPLES MANOR LAKES LOT 15 BLOCK 14, $29,641.30; TRAIL RIDGE LOT 82, $22,325.96; TRAIL RIDGE LOT 67, $22,325.96; LIBERTY LANDING LOT 58, $14,987.08; LIBERTY LANDING LOT 39, $12,442.46; LIBERTY LANDING Page 287 October 27, 2009 LOT 45, $12,442.46; LIBERTY LANDING LOT 64, $14,987.08; TRAIL RIDGE LOT 183, $22,325.96; TRAIL RIDGE LOT 188, $22.325.96 Item #16D4 FY 10 CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT IN THE AMOUNT OF $1,720,100- AUGMENTING THE LEVEL OF PUBLIC HEALTH SERVICES PROVIDED TO THE RESIDENTS OF COLLIER COUNTY Item #16D5 SUBRECIPIENT AGREEMENT WITH ST. MATTHEWS HOUSE, INC. PROVIDING FOR A $110,424 HOUSING AND URBAN DEVELOPMENT (HUD) CONTINUUM OF CARE (COC) GRANT TO SUPPORT WOLFE APARTMENTS - AS PART OF THE HOMELESS ASSISTANCE FUNDING Item # 16D6 SUBRECIPIENT AGREEMENT WITH THE SHELTER FOR ABUSED WOMEN & CHILDREN (SA WCC) PROVIDING FOR A $113,000 HOUSING AND URBAN DEVELOPMENT (HUD) CONTINUUM OF CARE (COC) GRANT TO AID WITH THEIR DAY TO DAY OPERATIONS AND SUPPORTIVE SERVICES OF SAWCC - AS PART OF THE HOMELESS ASSISTANCE FUNDING Item #16D7 Page 288 October 27, 2009 SUMMARY OF THE IMPACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FYI0, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FYI 0 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 AMENDING THE NEIGHBORHOOD ST ABILIZA TION PROGRAM ADMINISTRATIVE PLAN. THE AMENDED PLAN MODIFIES CERTAIN POLICIES AND PROCEDURES TO IMPROVE GRANT PERFORMANCE AND INCORPORATES CHANGES ENACTED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Item #16D9 AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. AND APPROVE BUDGET AMENDMENTS TO REFLECT AN OVERALL INCREASE OF $100,416 IN THE OLDER AMERICANS ACT PROGRAM - FOR IN-HOME SUPPORT SERVICES PROVIDED FOR THE COUNTY'S FRAIL ELDERLY Item #16DI0 SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT IN THE AMOUNT OF $350,000 BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 289 October 27,2009 AND THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN AND APPROVE THE NECESSARY BUDGET AMENDMENT TO RECOGNIZE THE REVENUE - ALLOWING FOR ENHANCED SECURITY AND EXPANSION OF CENTER SERVICES Item #16Dl1 REAL EST A TE CONVEYANCE AGREEMENT BETWEEN COLLIER COUNTY AND THE DAVID LAWRENCE MENTAL HEAL TH CENTER, INC., TO CONVEY A PORTION OF COUNTY OWNED LAND LOCATED AT 425 1ST STREET NORTH, IMMOKALEE, ATNO COST TO THE DAVID LAWRENCE CENTER Item #16D12 A CONTRACT AMENDMENT FOR THE DISASTER RECOVERY INITIATIVE (DRI) SUBRECIPIENT AGREEMENT BETWEEN THE HOUSING DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA INC. (F.K.A. COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION) AND COLLIER COUNTY. THIS CONTRACT AMENDMENT WILL UPDATE THE CURRENT PROJECT WORK SCHEDULE AND ADD A PREVIOUSL Y APPROVED ITEM TO THE PROJECT'S BUDGET - FOR HURRICANE HARDENING PROJECTS Item #16D13 CHANGE ORDER #3 TO CONTRACT #09-5114, NAPLES STATION MUSEUM PHASE III TO WHITE GENERAL CONSTRUCTORS, INC., IN THE AMOUNT OF $129,820 TO Page 290 October 27, 2009 COMPLETE HISTORICAL RESTORATION AND RENOVATION OF THE NAPLES DEPOT MUSEUM - INCLUDING AN ADA ACCESSIBLE RAMP, INSTALLING ADDITIONAL ELECTRICAL SYSTEMS, OUTLETS, TRACK LIGHTING, INTERIOR FINISHES, REPLICATION OF ELEVEN ORIGINAL WOODEN DOORS, ALONG WITH OTHER MINOR REPAIRS Item #16D14 - Withdrawn (Per Agenda Change Sheet) A WARD OF RFP #09-5247 AND AGREEMENT BETWEEN COLLIER COUNTY AND RECREATION FACILITIES OF AMERICA, INC., FOR FOOD & BEACH CONCESSIONS AT TIGERT AIL BEACH - 490 HERNANDO DRIVE, MARCO ISLAND Item #16D15 CHANGES TO GRANT FUNDED, OWNER-OCCUPIED AFFORDABLE HOUSING PROGRAMS ADMINISTERED BY THE HOUSING AND HUMAN SERVICES DEPARTMENT. THESE CHANGES WILL MODIFY PROGRAM DOCUMENTS, EXP AND ELIGIBILITY CRITERIA AND AMEND PROGRAM PROCEDURES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16El CONTRACT WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. TO ALLOW THE REIMBURSEMENT OF TRAINING EXPENSES THROUGH THE EMPLOYED WORKER TRAINING PROGRAM IN AN AMOUNT NOT TO EXCEED $54,550 AND APPROVES THE NECESSARY Page 291 October 27,2009 BUDGET AMENDMENT FOR THE PUBLIC UTILITIES DIVISION - FOR 87 EMPLOYEES TO ATTEND ONE OR MORE OF 8 INDIVIDUAL TRAINING PROGRAMS RELATED TO THE SAFE AND EFFICIENT OPERATIONS OF COLLIER COUNTY UTILITY OPERATIONS Item #16E2 AGREEMENT TO PROVIDE THE ALL KIDS PLAY FOUNDATION OF CORKSCREW COMMUNITY INC., A FLORIDA NON-PROFIT ORGANIZATION, A MAXIMUM EXPENDITURE OF $5,000.00 FROM THE GAC LAND TRUST FOR THE REIMBURSEMENT OF SITE DEVELOPMENT EXPENSES THAT AROSE DURING THE CONSTRUCTION OF THE BOUNDLESS PLAYGROUND LOCATED AT BIG CORKSCREW ELEMENTARY SCHOOL AND APPROVE NECESSARY BUDGET AMENDMENT - FOR THE PURCHASE OF MATERIALS AND EQUIPMENT TO FACILITATE UNFORESEEN CONSTRUCTION EXPENSES ASSOCIATED WITH THE PROJECT Item #16E3 BUDGET AMENDMENTS TO APPROPRIATE FUNDS CARRIED FORWARD FROM FY 2009 FOR THE COMPLETION OF INFORMATION TECHNOLOGY PURCHASES IN THE AMOUNT OF $82,741.50 Item #16E4 RESOLUTION 2009-253: RESOLUTION REVISING THE BOARD OF COUNTY COMMISSIONERS POLICY FOR Page 292 October 27,2009 OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS, BY ADDING A CREMATION POLICY FOR UNCLAIMED AND INDIGENT DECEASED IN COLLIER COUNTY Item # 16E5 SUB RECIPIENT AGREEMENT WITH THE CHILDREN'S MUSEUM OF NAPLES PROVIDING AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) FUNDING IN THE AMOUNT OF $250,000 FOR ENERGY SAVINGS AND RENEW ABLE ENERGY PROJECTS - THE IMPROVEMENTS INCLUDE LIGHTING, ELECTRICAL, MECHANICAL, RENEWABLE ENERGY AND PLANNING INITIATIVES Item # 16E6 RESCIND AWARDED BID #09-5170 "PURCHASE AND DELIVER CHEMICALS FOR PUBLIC UTILITIES" TO KEY CHEMICAL INC. AND KING LEE CHEMICALS INC. DUE TO THE COMPANIES' INABILITY TO FULFILL REQUIRED CONTRACTUAL POLLUTION LIABILITY INSURANCE REQUIREMENTS Item #16Fl BUDGET AMENDMENTS - FOR ISLES OF CAPRI AND YOUTH RELATED PROGRAMS AT CAMP DISCOVERY Item #16F2 AGREEMENT BETWEEN COLLIER COUNTY AND THE Page 293 October 27,2009 FLORIDA DIVISION OF EMERGENCY MANAGEMENT ACCEPTING A GRANT AWARD FOR $105,806 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND APPROVE THE ASSOCIATED BUDGET AMENDMENT- ENHANCING THE EXISTING PROGRAMS BY PURCHASING EQUIPMENT AND HIRING ADDITIONAL PERSONNEL Item # 16F3 RESOLUTION 2009-254: RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-2010 ADOPTED BUDGET Item #16F4 MEMORANDUM OF AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HEALTH DEPARTMENT TO COORDINATE THEIR COLLECTIVE EFFORTS IN PROVIDING ADULT AND CHILDHOOD HINl IMMUNIZA TIONS, MEDICAL DIRECTION AND ENHANCEMENT OF COMMUNITY EMERGENCY RESPONSE CAPABILITIES -PARAMEDIC PARTICIPATION RELATED TO THE ADMINISTRATION OF IMMUNIZATIONS WILL BE DOCUMENTED ONCE THE TRAINING AND REVIEW OF POLICIES AND PROCEDURES ARE COMPLETE Item #16Gl COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT Page 294 October 27, 2009 APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (3248 BA YSHORE DRIVE) Item # 16G2 COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (1695 COMMERCIAL DRIVE) Item #16G3 LANDSCAPE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (2957 ORANGE STREET) Item #16G4 BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE SUBMITTAL OF THE ATTACHED PRE-DISASTER MITIGATION GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A PROJECT TO IMPROVE STORMW A TER DRAINAGE ALONG SHADOWLA WN DRIVE AND FRANCIS AVENUE; TO AUTHORIZE THE CRA EXECUTIVE DIRECTOR, OR HIS Page 295 October 27,2009 DESIGNEE, TO ELECTRONICALLY SUBMIT THE GRANT APPLICA TION REQUESTING AN AMOUNT OF $305,906.25 TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY Item #16Hl COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE COUNCIL FOR HISPANIC BUSINESS PROFESSIONALS GALA HISP ANOS UNIDOS ON OCTOBER 24, 2009 AT THE NAPLES BEACH CLUB IN NAPLES, FL. $75.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 851 GULF SHORE BOULEVARD Item #16H2 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE MILITARY OFFICERS ASSOCIATION DINNER ON OCTOBER 17, 2009 AT THE ROYAL PALM COUNTRY CLUB IN NAPLES, FL. $28.00 TO BE P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCA TED AT 8060 GRAND LEL Y BOULEVARD, NAPLES Item #16H3 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION FUNDRAISER ON NOVEMBER 20, 2009 AT THE COUNTRY Page 296 October 27,2009 CLUB OF NAPLES IN NAPLES, FL. $25.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 185 BURNING TREE DRIVE Item #16H4 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE SEACREST KEY CLUB INDUCTION OF CHARTER MEMBERS ON OCTOBER 14,2009 AT SEACREST COUNTRY DAY SCHOOL IN NAPLES, FL. $10.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 585 PARK STREET Item #16H5 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE WILL ATTEND THE SHELLS CLUB OF NAPLES BUSINESS MEETING ON NOVEMBER 5, 2009 AT THE PLAYERS CLUB AND SPAIN NAPLES, FL. $21.00 TO BE P AID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 8060 GRAND LEL Y DRIVE 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 297 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 27,2009 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Airport Authority: Minutes of August 10,2009. 2) Animal Services Advisorv Board: Minutes of August 18,2009. 3) Clam Bay Advisory Board Minutes of August 13, 2009. 4) Collier County Code Enforcement Board: Minutes of August 27, 2009. 5) Collier County Planning Commission: Minutes of August 6, 2009. 6) Contractors Licensing Board: Minutes of August 19,2009. 7) County Government Productivity Committee: Agenda of April 15,2009; April 29, 2009; May 20, 2009; June 17,2009; August 19, 2009. Minutes of April 15,2009; April 29, 2009; May 20, 2009; June 17,2009; August 19,2009. 8) Development Services Advisory Committee: Minutes of August 5, 2009, including FORM 8B by George Hermanson dated August 5, 2009 and FORM 8B by Robert Mulhere dated August 5, 2009; September 2,2009. 9) Forest Lakes Roadway and Drainage Advisorv Committee: Agenda of September 16, 2009. Minutes of August 19,2009. 10) Golden Gate Community Center Advisorv Committee: Minutes of February 4,2008. 11) Hispanic Affairs Advisorv Board: Minutes of November 20, 2008. 12) Historical/Archaeological Preservation Board: Minutes ofJune 17,2009. 13) Immokalee Beautification Advisorv Committee: Agenda of September 23,2009. Minutes of August 26, 2009. 14) Land Acquisition Advisorv Committee: Minutes of July 13,2009. IS) Lely Golf Estates Beautification Advisorv Committee: Agenda of September 17, 2009. Minutes of August 20, 2009. 16) Library Advisorv Board: Agenda of August 19, 2009; September 16, 2009. Minutes of June 17,2009; August 19,2009. 17) Parks and Recreation Advisory Board: Minutes of August 19, 2009. 18) Pelican Bay Services Division Board: Agenda of July 13,2009; August 5, 2009. Minutes of July 13,2009; August 5, 2009. 19) Radio Road Beautification Advisorv Committee: Agenda of September 15, 2009. Minutes of August 25, 2009. B. Other: 1) Code Enforcement Special Magistrate: Minutes of September 4, 2009. October 27,2009 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 5, 2009 THROUGH OCTOBER 9, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1612 BUDGET AMENDMENT FOR $1,520.89 AND RECOGNIZE INTEREST EARNED IN SUPERVISOR OF ELECTIONS VOTER EDUCATION GRANT - FOR VOTER EDUCATION AND OUTREACH ACTIVITIES Item #1613 PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT IS REQUIRED TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) WITH THE BOARD OF COUNTY COMMISSIONERS Item #16J4 DISBURSEMENTS FOR THE PERIOD OF OCTOBER 12, 2009 THROUGH OCTOBER 19, 2009 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 BOARD OF COUNTY COMMISSIONERS ADOPTS AND SUPPORTS THE ATTACHED POSITION PAPER AS PART OF COLLIER COUNTY'S 2010 STATE LEGISLATIVE PRIORITIES Page 298 October 27,2009 AS REQUESTED BY THE SUPERVISOR OF ELECTIONS - FOR A PAPER BASED VOTING SYSTEM BE IN PLACE FOR PERSONS WITH DISABILITIES AND A REQUEST TO EXTEND THE UNFUNDED MANDATE TO THE YEAR 2016 Item #16Kl AN AGREED ORDER AWARDING EXPERT FEES FOR PARCEL 125 IN THE CONDEMNATION ACTION STYLED COLLIER COUNTY V. ROBERT J DERR, ET AL., CASE NO. 03- 2196-CA, GOLDEN GATE PARKWAY PROJECT NO. 60027 (FISCAL IMPACT: $6,942.50) Item # 16K2 STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $10,700 FOR PARCEL 168 IN THE LAWSUIT STYLED COLLIER COUNTY V. THOMAS F. SALZMANN, ET AL., CASE NO. 03-2550- CA (GOLDEN GATE P ARKW A Y PROJECT 60027) (FISCAL IMPACT $9,507.80) Item # 16K3 STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF $9,545 FOR PARCEL 172 IN THE LAWSUIT STYLED COLLIER COUNTY V. BEVERLY J GATTI, ET AL., CASE NO. 03-2551-CA (GOLDEN GATE P ARKW A Y PROJECT 60027) (FISCAL IMPACT $6,781.25) Item #16K4 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF Page 299 October 27,2009 $98,865.00 FOR PARCELS 110FEE/TCEl/TCE2/DE IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBBIE 1. RAYBURN, ET AL., CASE NO. 07-4268-CA (SANTA BARBARA BOULEVARD EXTENSION PROJECT #60091) (FISCAL IMPACT $48,810.45) Item #16K5 PROPOSED JOINT MOTION FOR AGREED ORDER TAXING ATTORNEYS FEES AND COSTS FOR PARCELS 737R, 937R, 738R, 838, 938R, 746R, AND 946R IN THE CONDEMNATION ACTION STYLED COLLIER COUNTY V. CHRIS A. STONEBURNER AND JOSEPH D. BONNESS III, AS TRUSTEES OF THE WILLOW RUN LAND TRUST, ET AI., CASE NO. 05- 1036-CA, SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) 20 MGD WELLFIELD EXPANSION PROJECT #70892 (FISCAL IMPACT: $45,000) Item #16K6 ADVERTISE A PROPOSED AMENDMENT TO ORDINANCE NO. 08-47, WHICH ADDRESSES REQUIREMENTS FOR NON- CONSENT LAW ENFORCEMENT TOWING OF VEHICLES, PRIVATE PROPERTY TOWING OF VEHICLES, STORAGE OF VEHICLES AND MAXIMUM CHARGEABLE FEES BY TOW TRUCK COMPANIES, TO INCLUDE PROVISIONS CONCERNING THE IMMOBILIZATION OF VEHICLES (BOOTING) ON PRIVATE PROPERTY AND TO FURTHER CLARIFY LANGUAGE IN THE ORDINANCE Item #16K7 Page 300 October 27,2009 THE REPORT REGARDING THE LEGAL EFFECT AND APPLICATION OF FLORIDA STATUTE 212.055(8) (SENATE BILL NO.1 000, THE EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX) Item #17A RESOLUTION 2009-255: PETITION V AC-PL2009-651, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A DRAINAGE EASEMENT OVER TRACT C02, AS DESIGNATED, AND ACCORDING TO THE PLAT THEREOF KNOWN AS SILVER LAKES, PHASE TWO-F, A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 37 & 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 10 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DESCRIBED IN EXHIBIT A Item #17B - Continued to the November 10,2009, BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPTS AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDA TED IMP ACT FEE ORDINANCE) BY PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED COLLIER COUNTY TRIP CHARACTERISTICS STUDY MINE LAND USE, AMENDING SCHEDULE ONE OF APPENDIX A TO REFLECT THE NEW MINE LAND USE CATEGORY AND IMPACT FEE RATE AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF Page 301 October 27,2009 FEBRUARY 1,2010 IN ACCORDANCE WITH THE NOTICE PERIOD REQUIREMENTS OF SECTION 163.31801(3)(D) FLORIDA STATUTES; THIS ACTION IS IN FOLLOW-UP TO THE DIRECTION PROVIDED BY THE BOARD OF COUNTY COMMISSIONERS ON JUNE 23, 2009 Item #17C RESOLUTION 2009-256: PE-PL2009-260: COLLIER COUNTY AIRPORT AUTHORITY REPRESENTED BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A., IS REQUESTING A PARKING EXEMPTION PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT SECTION 4.05.02.K.3. THE PARKING EXEMPTION SEEKS APPROVAL TO ALLOW CONSTRUCTION OF A NEW PARKING LOT WITHIN THE RESIDENTIAL PUD KNOWN AS THE MARCO SHORES PUD TO SERVE EMPLOYEES AND PATRONS OF THE MARCO ISLAND EXECUTIVE AIRPORT. SUBJECT PROPERTY IS LOCATED ON A 1 ACRE TRACT WITHIN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (CTS) Item #17D ORDINANCE 2009-55: ADOPTING REVISIONS TO THE LAND DEVELOPMENT CODE (ORDINANCE NO. 04-41) TO CORRECT A SCRIVENERS ERROR RELATING TO TEMPORARY SIGNS, TO COMPLETE THE RECENT REVISIONS TO THE COLLIER COUNTY SIGN CODE (ORDINANCE NO. 09-43) ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS AT A PUBLIC HEARING ON JULY 28, 2009 Page 302 October 27,2009 Item #17E ORDINANCE 2009-56: ORDINANCE TO AMEND ORDINANCE NO. 2004-50, THE COLLIER COUNTY NON-RESIDENTIAL RECYCLING ORDINANCE ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:01 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALSIEX OFFICIO GOVERNING BOARD(S) OF SPECIAL ISTRICTS UNDER ITS CONTROL ~d~~ IALA, Chairman ATTEST;,,,,, DWIGH}\ie;~CK, CLERK ~,._.~,..":,._~ "(to'; ,0,. k 2~' :,;Y /.;t,"o,,; r . .: .., ,,'~. .'------ .~'1 .C'." 'l~"'\';i. ...... . These'\nl~t~jpprove9-by the Board on I ~-r DEcEM~E<2.- ,2q:):> as presented / or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 303